Richards v. Wisconsin Is Victory for Fourth Amendment
Washington, DC (April 28, 1997) -- The Fourth Amendment to the Constitution of the United States provides that Americans shall be secure in their homes and persons from unreasonable searches and seizures. To that end, the National Association of Criminal Defense Lawyers argued on behalf of Steiney Richards in the Supreme Court decision handed down today, Richards v. Wisconsin.
In refusing to uphold Wisconsin's 'blanket exception' in drug cases to the common law requirement that police officers knock and announce their presence before forcibly entering a dwelling, the Supreme Court boldly reaffirms Americans' right to the sanctity of the home. NACDL agrees with the Court that in most cases, the government's interests in breaking into a person's home or other abode without requesting entry do not outweigh the individual privacy interests intruded upon by a no-knock entry. We note also that the attorneys general of 26 states, the Commonwealth of Puerto Rico and the Territory of Guam filed a brief rejecting Wisconsin's rule permitting no-knock entry in any felony drug case.
NACDL agrees with the Court that it is "always dangerous to ground exceptions to constitutional protections in the social norms of a given historical moment." Indeed, the right to be secure in our homes from unreasonable government intrusion is one of our most ancient and cherished, and for which we tore ourselves from England over 200 years ago.
Although we are disappointed that the Petitioner, Mr. Richards, did not gain the relief he sought and deserved, today's decision is a victory for the Fourth Amendment. On behalf of the entire Association, I would like to congratulate the NACDL attorneys who worked on this case, Henry Schultz, David Karpe, and John Wesley Hall, Jr., who represented Mr. Richards, and Lisa Kemler, Tracy Maclin and Steven Shapiro, who submitted the amicus curiae brief on behalf of NACDL and the ACLU.
Pattern Cross-Examination for DNA and Biological Evidence: A Trial Strategy Guide
NACDL’s Pattern Cross-Examination for DNA and Biological Evidence will assist criminal defense practitioners in scoring points when cross-examining forensic experts in cases involving DNA and biological evidence. This resource contains thousands of questions that will help defense lawyers cross-examine challenging witnesses without reinventing the wheel with each new case. It includes pattern questions that can be used to dominate prosecution DNA experts and level the playing field at trial.
Cross-Examination of the Analyst in Drug Prosecutions (2nd Ed.) By James M. Shellow
Now in its second edition with some new material, James M. Shellow’s book offers what its title promises: ways of thinking about cross-examining the forensic analysts in drug cases. But the book is so much more than that. It offers a look inside the mind of one of the finest cross-examiners and defense lawyers the United States has produced in the last seventy years. This small book can inspire and direct you in making big changes in the way you defend your clients and think about the entire project of trying any case.
Justice For All, Justice Now White T-Shirt (Women’s)
This custom, vintage-faded NACDL t-shirt is 50% polyester, 25% cotton, and 25% rayon weighing 5.2 oz. and is lightwieght, flexible and soft, providing maximum comfort. It features the "Justice For All, Justice Now" slogan and Lady Liberty image on the front, with the NACDL logo on the back. Currently available in both men's and women's sizes in both black and white colors. View the full line-up of colors and sizes on our online store, as well as our other popular and best-selling t-shirt designs at: nacdl.org/store.
Drug Cases Resource Materials Collection - CD-ROM
NACDL’s Drug Cases Resource Materials Collection is the sweeping culmination of every single article of written materials ever published from each installment of NACDL's annual "Defending Modern Drug Cases" seminar. Totaling over 12,000 pages, this vast collection includes 12+ years of motions, briefs, reports, outlines, transcripts, case citations, scholarly articles, powerpoints and other written commentaries. This collection provides trial strategies and tactics you can immediately apply to your current cases.
Mental Illness & the Law: Addressing and Litigating Behavioral Health Disorders in Criminal Cases
Whether it is insanity, impairment, a disorder, or adolescent brain development; mental health and intellectual competence issues affect pretrial supervision, trial and sentencing, and your chances of successfully advocating for your impaired client. This training provides ideas and proven solutions to assist you in advocating for your client during trial, whether it be insanity defenses, jury selection, cross of expert witnesses, persuasion, or mitigation at sentencing.
NACDL Communications Department
The National Association of Criminal Defense Lawyers is the preeminent organization advancing the mission of the criminal defense bar to ensure justice and due process for persons accused of crime or wrongdoing. A professional bar association founded in 1958, NACDL's many thousands of direct members in 28 countries – and 90 state, provincial and local affiliate organizations totaling up to 40,000 attorneys – include private criminal defense lawyers, public defenders, military defense counsel, law professors and judges committed to preserving fairness and promoting a rational and humane criminal legal system.