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Criminal Law News

Under Prop. 47, assisting former felons to reduce non-violent felonies to misdemeanors

Drug-sniffing Dog on Porch Constitues 'Search'

The Supreme Court held that the use of a drug-sniffing dog on defendant/home-owner’s porch to determine the contents inside the home constitutes a 'search' within the meaning of the Fourth Amendment to the United States Constitution. Florida v. Jardines, 133 S. Ct. 1409

Fact That Increases Penalty For Crime is 'Element' for Jury

Overruling one of its prior decisions, the Supreme Court held that, “Any fact that, by law, increases the penalty for a crime is an “element” that must be submitted to the jury and found beyond a reasonable doubt,” including facts that increase the mandatory minimum sentence for a defendant.



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