Rodriguez v. United States; De Minimis Car Searches

Rodriguez v. United States

Docket Number: 13-9972

Argument Heard: TBD

ISSUE:
The Supreme Court has previously held that, during an otherwise lawful traffic stop, asking a driver to exit a vehicle, conducting a drug sniff with a trained canine, or asking a few off-topic questions are "de minimis" intrusions on personal liberty that do not require reasonable suspicion of criminal activity in order to comport with the Fourth Amendment.[1]  This case poses the question of whether the same rule applies after the conclusion of the traffic stop, so that an officer may extend the already-completed stop for a canine sniff without reasonable suspicion or other lawful justification.

Why Not to Hate Jury Duty

Jury duty.  Universally dreaded, with sympathy for a friend or colleague who has been called, communicated with a knowing roll of the eyes, and a story about how to get out of it.  There is even a wikihow page entitled, "How to Get Out of Jury Duty."  Yet, jury duty is regarded by courts and civics teachers as one of the most important civic responsibilities a citizen can perform; it has been a crucial part of our democratic system for over 200 years.  The right to a jury trial is a fundamental right afforded by the Sixth Amendment of the United States Constitution, and the Due Process Clause of the Fourteenth Amendment.  A defendant charged with anything more than a petty crime, typically a crime with a penalty of more than six months of incarceration, has a right to trial by jury, made up of between six and twelve of his or her "peers."[1]  Jurors are reflective of the community at large; there is no education requirement, though jurors must be citizens, over the age of eighteen, and fluent in English, with few other restrictions.      

Due Process in the Context of Jones-Farmer Hearings: Implications of Kaley v. United States

On March 18, 2013, the United State Supreme Court granted certiorari in Kaley v. United States.  Docket No. 12-464.  The case represents a complicated but narrow legal issue regarding the scope of a defendant’s right to challenge an order seizing property that the government claims is subject to forfeiture when the defendant asserts that the property is necessary to pay legal fees.  Typically, these seizure orders come during an ex-parte hearing where the government needs to show property is subject to forfeiture based on probable cause.  Those assets are then frozen until the conclusion of an underlying criminal proceeding.  The Federal Circuits permit defendants to challenge the traceability of those assets in post-indictment, pretrial Jones-Farmer hearings.  The Circuits are split, though, as to whether a defendant may challenge the evidentiary support and legal theory of the underlying charges or only the traceability of the property the government claims is subject to forfeiture.