US Supreme Court Cases dealing with criminal law and procedure By Kenneth Vercammen Past Vice Chair ABA Criminal Law Committee General Practice, Solo and Small Firm Division
1. No specific words required for Miranda warnings Florida v. Powell 175 L.Ed 1009 __ S. Ct. ___ (Dec. 7, 2009) In a state prosecution for possession of a weapon by a convicted felon, a reversal of defendant's conviction on Miranda grounds is reversed where the police satisfied Miranda's requirements by informing defendant that he had "the right to talk to a lawyer before answering any of their questions," and that he had "the right to use any of his rights at any time he wanted during the interview. Advice that a suspect has “the right to talk to a lawyer before answering any of [the law enforcement officers’] questions,” and that he can invoke this right “at any time . . . during the interview,” satisfies Miranda. 2 US Supreme Court Rules Lab Report Not Admissible in Criminal Case. MelendezDiaz v. Mass 129 S.Ct. 2527 (2009) Defendant's drug conviction is reversed, where the trial court's admission of the prosecution's certificates by laboratory analysts, stating that material seized by police and connected to Defendant was cocaine of a certain quantity, violated petitioner's Sixth Amendment right to confront the witnesses against him. 3 Police May Interrogate Even if Public Defender Assigned. Montejo v. Louisiana 129 S. Ct. 2079 (2009) Michigan v. Jackson, which forbids police from initiating interrogation of a criminal defendant once he has invoked his right to counsel at an arraignment or similar proceeding, is overturned. Source: New Jersey Law Journal June 1, 2009 4. School Officials Cannot Search Child’s Underwear for Drugs. Safford Unified School. Dist. No. 1. v. Redding 129 S.Ct. 2633 (2009)