06-13-1979 Council Agenda - Laserfiche WebLink

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court decisions CRIMINAL LAW e following United States Su- sme Court cases demonstrate :ent developments in various as of criminal law. Search and Seizure bsent a reasonable suspicion of raffic or other law violation, a ice officer is prohibited by the firth and Fourteenth Amend - nts from making warrantless, dom stops of automobiles in ler to check the driver's license 1 the car's registration. Such a p and detention of its occupants clearly a "seizure" under the firth Amendment. In arriving at decision, the Court balanced promotion of legitimate state erests against the physical and 'chological intrusion on the :upants. It held that the latter [weighed the former, and that state interests could be served methods that involve less rusion and less unconstrained >_rcise of discretion. Delaware v. ,use(47 L.W. 4323, U.S. Sup. Ct., r9), Evidence kt a taxpayer's criminal trial for bing an internal revenue agent, dente obtained by electronic •veillance of conversations between the defendant and the agent was admitted, even though the authorizations required by the Internal Revenue Service regula- tions had not been secured. The Court reasoned that the • agency was not required by either the Constitution or federal law to adopt any particular rules or procedures before engaging in consensual monitoring and record- ing. Therefore, even though the IRS regulations had not been followed, the evidence was admit- ted because none of the taxpayer's constitutional rights had been violated either by the actual recording or by the agency's violation of its own regulations. U.S. v. Caceres (47 L.W. 4349, U.S. Sup. Ct., 1979) Self - Incrimination A municipal official in New jersey testified before a grand jury, invoking a state statute which prevented a public employee's grand jury testimony or evidence derived from it from being used against him in a subsequent crimin- al proceeding. Subsequently, dur- ing a criminal trial in which the official was charged with extortion and misconduct, the judge ruled that the defendant's grand jury testimony could be used to im- peach his credibility if he testified. As a result of this ruling, the official did not testify, and was ultimately convicted. The Supreme Court said that immunized testimony by its very nature is coerced. It held that under the Fifth Amendment privilege against compulsory self - incrimination made binding on the states by the fourteenth Amend- ment, the defendant's testimony before the grand jury under a grant of immunity could not constitu- tionally be used against him in a later criminal' trial. New Jersey v. Portash (47 L.W. 4271, U.S. Sup. Ct., 1979). Electronic Eavesdropping The Fourth Amendment does not, in and of itself, forbid covert entry of private premises for the purpose of installing an otherwise legal electronic eavesdropping device. Covert entries are constitu- tional in some circumstances if they are made pursuant to a warrant. A warrant granted under Title III of the Omnibus Crime Control and Safe Streets Act of 1968 need not include a specific authorization to enter the premises covertly in order for the entry to be constitutional. Dalin v. United States (47 L.W. 4423, U.S. Sup. Ct., 1979). SPECIAL ASSESSMENTS A city should conduct before - and after - market improvement valuation studies regarding proper- ty to be assessed to determine the "WATER TANK SPECIALISTS INSPECTION OF WATER TOWER INTERIORS WITH CLOSED CIRCUIT TELEVISION Bonded and Insured Sandblasting Emergency Crows 20 Year Guarantee on Epoxy Coatings 11 F,0.1 Jackets Epoxy Comings Annual Ser•Ice Contracts OVER 40 YEARS DEPENDABLE SERVICE Prompt service on emergency winter work. MAGUIRE IRON, Inc. Telephone: 334 -4827 or 334.2455 P. O. Box 169 Area Code 605 Sioux Falls, South Dakota MEMBER OF AMERICAN WATER WORKS ASSOCIATION it 1979 27