Hacking Computers Is Not Wiretapping

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United States v. Steiger; computer hacking is not wiretapping; Stored Communications Act, the Wiretap Act.

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United States v. Burr

The sixth amendment right to compel witnesses includes the right to compel production of documents within the witness' possession. Subpoena duces tecum.

Teague v. Lane

Procedural rules usually do not apply retroactively. new constitutional rules of criminal procedure will not be applicable to those cases that have become final before the new rules are announced. Ratio decidendi.

United States v. Resendiz-Ponce

United States v. Resendiz-Ponce; indictments need not ordinarily plead specific conduct by the defendant to be constitutional.

Search of Vehicle Incident to Arrest

Arizona v. Gant; Police may search vehicle incident to recent occupant's arrest only if arrestee is within reaching distance of passenger compartment at time search or reasonable to believe vehicle contains evidence offense of arrest; stare decisis.

Issue Preclusion Analysis for Double Jeapardy

Yeager v. United States; Although acquittals may preclude retrial on counts on which the same jury hangs, the consideration of hung counts has no place in the issue preclusion analysis for double jeopardy purposes; hung jury.

Scope of Vehicle Search Incident to Arrest

Arizona v. Gant; Police may search vehicle incident to recent occupant's arrest only if arrestee is within reaching distance of passenger compartment at time of search and reasonable to believe vehicle contains evidence of offense of arrest.

Minimum Sentence Enhancement

Harris v. United States; fact that increase a minimum sentence do not need to be proven beyond a reasonable doubt.

Authority to Detain

Padilla v. Rumsfeld; Congress must provide authority to detain someone on US soil.

Fourth Amendment Search

United States v. Jones; the definition of a Fourth Amendment "search" evolves with advances in technology. GPS. Karo. Katz.

Fourth Amendment Email Protection

United States v. Warshak; email is subject to the Fourth Amendment so will protect an individual's privacy interest. A search warrant is necessary. Katz. Miller. Jackson.

Double Jeopardy Clause

Renico v. Lett; trail judge is entitled to deference in declaring a mistrial due to jury deadlock.

Strickland

Padilla v. Kentucky; a criminal defense attorney fails to provide effective assistance if the attorney misleads a noncitizen client regarding the removal consequences of a conviction. Strickland Sixth Amendment right to counsel.

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