FINDLAW: Daily Opinion Summaries for U.S. Supreme Court – 1/14/09


CRIMINAL LAW & PROCEDURE, EVIDENCE

Herring v. US, No. 07-513
In circumstances where police mistakes leading to an unlawful search under the Fourth Amendment are the result of isolated negligence attenuated from the arrest, rather than systemic error or reckless disregard of constitutional requirements, the exclusionary rule does not apply.
CRIMINAL LAW & PROCEDURE, SENTENCING

Oregon v. Ice, No. 07-901
In the context of cases involving defendants who have been tried and convicted of multiple offenses, the Court rules that a state’s practice of constraining judges’ discretion by requiring them to find certain facts before imposing consecutive sentences, rather than concurrent sentences, does not violate the Sixth Amendment as construed in Apprendi v. New Jersey, 530 U. S. 466, 490, and Blakely v. Washington, 542 U. S. 296.

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