|
for a current offense. Whether a new statute using old offenses to enhance a current crime applies in a given situation depends on whether the current offense occurred after the date the enhancing statute became effective. The relevant "retrospective vs. prospective application" question is not when the priors occurred, but whether the legislature intended to include them in the enhancement scheme. Prior possession of controlled substance convictions are intended to be used to enhance subsequently-occurring possession of controlled substance convictions. [Case originally described as dealing with OWI instead of drugs.]
UNITED STATES SUPREME COURT
April, 2001 cases
WARRANTLESS ARREST FOR MINOR VIOLATION (SEAT BELT)
DOES NOT OFFEND 4TH AMENDMENT
Atwater v. City of Lago Vista, 532 U.S. ___ (S.Ct. No. 99-1408) (U.S. 4/24/2001). The Fourth Amendment does not forbid a warrantless arrest for a minor criminal offense such as a misdemeanor seatbelt violation punishable only by a fine. The Supreme Court refuses to place limitations on the nature or severity of the underlying offense in determining the propriety of warrantless arrest upon probable cause.
SUSPECT WHOSE RIGHT TO COUNSEL HAS ATTACHED FOR CHARGED OFFENSE CAN BE QUESTIONED FOR UNCHARGED "DIFFERENT" OFFENSE - BLOCKBURGER DETERMINES "DIFFERENT"
Texas v. Cobb, 532 U.S. ___ (S.Ct. No. 99-1702) (U.S. 4/2/2001). A defendant's statements regarding offenses for which he has not been charged are admissible notwithstanding the attachment of the 6th Amendment right to counsel on other charged offenses. Questioning on the uncharged offense must relate to a different offense than the charged offense but not necessarily one based on different facts. The determination of whether the uncharged offense is different from the charged offense rests on whether the uncharged offense is the "same offense" under Blockburger v. United States, 284 U.S. 299, 304. As such, when the 6th Amendment right to counsel attaches, it encompasses offenses that, even if not formally charged, would be considered the same offense under the Blockburger test.
|
|
