[announcement_2]
Supreme Court of the United States
Grady v. North Carolina
No. 14-593 3/30/15
Issue:
Does a satellite-based monitoring system via an ankle bracelet fitted on a sex offender constitute a search under the Fourth Amendment?
Holding:
Yes. Whether the search is reasonable is a question to be resolved on a case-by-case basis. Read the opinion.
Commentary:
This is a short per curiam opinion, so it was not intended to establish any new or significant holding of the Court. All that the Court held was that a tracking device placed upon a defendant is a search. In that respect, the holding was nothing more than an application of United States v. Jones, 132 S.Ct. 945 (2012). The Court did not hold that such a device required a warrant or that it was unreasonable under the Fourth Amendment. When confronted with a claim that electronic monitoring was unreasonable when applied to someone like a probationer or parolee, you should use caselaw on the reasonableness of such searches. See Samson v. California, 547 U.S. 843 (2006); United States v. Knights, 534 U.S. 112 (2001); Griffin v. Wisconsin, 483 U.S. 868 (1987); Ex parte Gingell, 842 S.W.2d 284 (Tex. Crim. App. 1992). But above all, do not let defense counsel or a trial judge misinterpret what the Supreme Court held in this case.
[announcement_1]
Texas Courts of Appeals
Cary v. State
No. 05-13-01010 3/25/15
Issue:
In a bribery case, does the exception for political contributions found in §36.02(d) of the Election Code apply to covert, indirect transfers of money?
Holding:
Yes. The definition in the Election Code does not differentiate between money that looks shifty and money that is clearly above board. Read the opinion.
Commentary:
The odds of your having an Election-Code-related prosecution like this are low. But if you do have such a bribery case, read this decision, especially if the defendant claims that the alleged bribery constituted a political contribution. This decision holds that the State must prove that it is not.
Office of the Attorney General
Request from the Brown County Attorney
RQ-0018-KP 3/16/15
Question:
Is it appropriate for a county to reimburse all legal costs to an acquitted county commissioner? Read the request.
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