New Jersey Criminal Defense Attorney Blog Covering New Jersey and Federal Criminal Law and Procedure

Articles Posted in Constitutional Law

The United States Supreme Court decided Grady v. North Carolina on March 30, 2015.  After completing his prison term for sex offenses, the State determined that Grady was a recidivist sex offender, and wanted to place him on satellite-based monitoring.  Grady argued that the monitoring program, which required him to wear a monitoring device at all times, violated his Fourth Amendment right to be free from unreasonable searches and seizures.  Grady’s argument was based on U.S. v. Jones, where the Supreme Court held that installing a GPS tracking device on a suspect’s car was a “search” within the meaning of the Fourth Amendment.  The State courts rejected Grady’s argument, finding that the monitoring program at issues was not a Fourth Amendment search.  This conclusion was based, apparently in large part, upon the view that the proceeding giving rise to the monitoring was civil in nature, whereas Jones was a criminal case, which entailed different (higher) legal standards.

The Supreme Court rejected the reasoning of the State courts.  First, the monitoring program was a “search” because it enabled the State to “physically intrude on a constitutionally protected area … [A] State conducts a search when it attaches a device to a person’s body, without consent, for the purpose of tracking that individual’s movements.”  The fact that the monitoring program was civil in nature was rendered meaningless by settled law establishing “that the Fourth Amendment’s protection extends beyond the sphere of criminal investigations [] and the government’s purpose in collecting information does not control whether the method of collection constitutes a search.”

Ultimately, however, the Court observed that the Fourth Amendment protects only against unreasonable searches and seizures.  Thus, it remanded the matter to the North Carolina courts to determine whether the monitoring program was reasonable when viewed as a search. Continue reading

The United States Supreme Court decided Rodriguez v. United States on April 21, 2015.  The decision enhances Fourth Amendment protections in cases involving motor vehicle stops.

Briefly, Rodriguez, the driver, and his passenger were stopped by a Valley, Nebraska police officer for veering onto the shoulder of a State highway and then jerking back onto the road.  The officer was a K-9 officer who had his police dog with him.  He conducted a records check on the vehicle’s occupants, questioned Rodriguez and his passenger, checked all of the necessary documents, wrote a warning ticket, and returned the documents to the occupants with the warning ticket.  Thus, the main purpose of the initial stop – the investigation of a traffic infraction – was completed.

Nevertheless, the officer did not consider Rodriguez and his passenger free to leave.  He requested permission to walk his dog around the vehicle, and Rodriguez declined.  The officer then instructed Rodriguez to turn off and exit the vehicle, and stand in front of his patrol car to await the arrival of a second officer.  Rodriguez complied, the second officer arrived, the dog was escorted around the vehicle and alerted to the presence of drugs (methamphetamine).  Significantly, approximately seven to eight minutes had passed between the issuance of the warning ticket and the alert by the dog. Continue reading