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Criminal Defense Attorneys to Revise Filing Motions to Suppress Evidence in Light of Supreme Court Ruling

By Walin & Klarich

Previously, we discussed how the Supreme Court's Heller opinion might impact upon specific pieces of legislation that might impinge upon the individual right to "keep and bear arms." In this final installment, we discuss how the Court's opinion might impact certain law enforcement practices. Specifically, we begin with this concluding observation by the majority opinion in Heller: "We know of no other enumerated constitutional right whose core protection has been subjected to a freestanding "interest-balancing" approach. The very enumeration of the right takes out of the hands of government-even the Third Branch of Government-the power to decide on a case-by-case basis whether the right is really worth insisting upon. A constitutional guarantee subject to future judges' assessments of its usefulness is no constitutional guarantee at all...continue to full post

Full post as published by Southern California Criminal Defense Blog on August 29, 2008 (boomark / email).