Thursday, June 25, 2009

SCOTUS Opinions Today

SCOTUS issued opinions interpreting the Fourth and Sixth Amendments today.

In the Confrontation Clause case, Melendez-Diaz v. Massachusetts, the Court held, 5-4, that a lab chemist must be called to testify in order to admit at trial an analysis that certain substance was cocaine. (We need to read this case with an eye toward challenging the admission of BAC readings in DUI cases without expert testimony.)http://www.supremecourtus.gov/opinions/08pdf/07-591.pdf.


In the Fourth Amendment case, the Court held that a strip search of a 13-year-old by school officials who suspected her of possessing prescription strength ibuprofen was unreasonable. (Nevertheless, the school officials were entitled to qualified immunity because the law in this area was not clearly established.) Safford Unified School District #1 v. Redding, http://www.supremecourtus.gov/opinions/08pdf/08-479.pdf


I believe this completes the criminal law related cases before the Court this term. The final cases will be released on Monday.

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