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Home » Blog » Case Law Update » Supreme Court granted cert in two criminal cases, Rodriguez v. United States (No. 13-9972) and Ohio v. Clark (No. 13-1352).

Supreme Court granted cert in two criminal cases, Rodriguez v. United States (No. 13-9972) and Ohio v. Clark (No. 13-1352).

Posted by admin on 24 March, 2023
  • In Rodriguez, the question presented, as stated in the petition, is:
  • This Court has held that, during an otherwise lawful traffic stop, asking a driver to exit a
  • vehicle, conducting a drug sniff with a trained canine, or asking a few off-topic questions are “de minimis” intrusions on personal liberty that do not require reasonable suspicion of
  • criminal activity in order to comport with the Fourth Amendment. This case poses the
  • question of whether the same rule applies after the conclusion of the traffic stop, so that an
  • officer may extend the already-completed stop for a canine sniff without reasonable suspicion or other lawful justification.
  • In Clark, the Court will address  (1) Whether an individual’s obligation to report suspected child abuse makes that individual an agent of law enforcement for purposes of the Confrontation Clause; and (2) whether a child’s out-of-court statements to a teacher in response to the teacher’s concerns about potential child abuse qualify as “testimonial” statements subject to the Confrontation Clause.

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