Supreme Court Adds Criminal Cases to Docket

The justices will start their 2017-2018 term on Monday. On Thursday, they added cases involving several criminal law issues, including the Fifth Amendment’s self-incrimination clause, requirements for a search warrant, and whether a defense attorney can concede a client’s guilt over the defendant’s objection.

The Supreme Court, in advance of starting its new term on Monday, added 11 new cases to its docket, including several criminal law issues, Scotusblog reports. The Fifth Amendment’s “self-incrimination clause” provides that no one “shall be compelled in any criminal case to be a witness against himself.” In City of Hays, Kansas v. Vogt, the justices will decide whether the Fifth Amendment is violated when statements are used at a probable cause hearing but not at a criminal trial. The case involves Matthew Vogt, who while working for the city of Hays, applied for a job as a police officer in another city. He told Hays he had kept a knife that he had acquired on the job, which led to two felony charges against him. He argued that statements about the knife were wrongly used against him at a hearing.

In another case, Collins v. Virginia, the justices agreed to clarify whether the  “automobile exception” to the warrant requirement applies to a motorcycle parked on private property, close to a home. The case arose when officers looking for a motorcyclist who had eluded them saw a picture of a motorcycle on petitioner Ryan Collins’ Facebook page. They found the house where Collins spent at least several nights each week, and located the motorcycle under a tarp toward the back of the driveway, near the house. When Collins was charged with receiving stolen property, he said officers should have had a warrant to search his house. The high court now will hear his arguments.  In a Louisiana case, the justices will decide whether it is unconstitutional for defense counsel to concede a defendant’s guilt over the defendant’s objection.

from https://thecrimereport.org