Public Safety

In United States v. Cooley the U.S. Supreme Court held unanimously that an Indian tribe police officer may temporarily detain and search a non-Indian on a public right-of-way that runs through an Indian reservation, based on a suspected violation of state or federal law.

A tribal officer approached a vehicle stopped on a public right-of-way within the Crow Reservation to offer assistance. The officer ordered Joshua James Cooley, who appeared...

In Edwards v. Vonnoy the U.S. Supreme Court held 6-3 that no new rules of criminal procedure apply retroactively on federal collateral review. For this reason the Supreme Court’s holding in Ramos v. Louisiana (2020), that state court jury verdicts for convictions of serious crimes must be unanimous, does not apply retroactively to cases on federal collateral review....

In a four-page opinion the U.S. Supreme Court held unanimously in Caniglia v. Strom that police community caretaking duties don’t justify warrantless searches and seizures in the home.

During an argument with his wife, Edward Caniglia put a handgun on their dining room table and asked his wife to “shoot [him] now and get it over with.” After spending the night at a hotel Caniglia’s wife couldn’t reach him by phone and asked police to do a...

In New York State Rifle and Pistol Association v. Corlett the U.S. Supreme Court will decide whether states may prevent persons from obtaining a concealed-carry license for self-defense if they lack “proper cause.”

In 2008 in District of Columbia v. Heller, the...

In Jones v. Mississippi the U.S. Supreme Court held 6-3 that sentencing a juvenile convicted of homicide to life without parole doesn’t require a separate factual finding of permanent incorrigibility or an on-the-record explanation with an implicit finding of permanent incorrigibility.

In Miller v. Alabama (2012) the Supreme Court held that the Eighth Amendment requires that...

In Heck v. Humphrey (1994), the Supreme Court held that a plaintiff can’t bring a civil suit for wrongful conviction unless his or her conviction was “favorably terminated.” But what if charges were dropped and the plaintiff was never convicted? In Thompson v. Clark the Supreme Court will decide when a plaintiff who was charged but never prosecuted may bring a malicious...

In Department of Homeland Security v. New York the U.S. Supreme Court will decide whether the Trump administration’s “public charge” definition violates the Immigration and Nationality Act (INA) or is arbitrary and capricious under the Administrative Procedures Act (APA).

One of the factors relevant to whether a non-citizen may become a lawful permanent resident is whether he or she is likely to become a “public...

In a Supreme Court amicus brief filed in Caniglia v. Strom, the State and Local Legal Center (SLLC) argues the Fourth Amendment “community caretaking” exception to the warrant requirement should extend beyond automobiles.

A police officer determined Edward Caniglia was “imminently...

In 1969 in Tinker v. Des Moines Independent Community School District, the U.S. Supreme Court held that school officials may discipline students who engage in speech that would materially and substantially disrupt the work and discipline of the school. In Mahanoy Area School District v. B.L., the Supreme Court will...

In United States v. Cooley the Supreme Court will decide whether tribal police have the authority to temporarily detain and search a non-Indian on a public right-of-way within a reservation based on a potential violation of state or federal law.

The Ninth Circuit held the tribal officer has no such authority unless a legal violation is “obvious” or “apparent.” If it isn’t, any evidence obtained in the search must not be used against...

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