NCJ Number
132572
Journal
Criminal Law Bulletin Volume: 27 Issue: 5 Dated: (September-October 1991) Pages: 434-446
Date Published
1991
Length
13 pages
Annotation
This column analyzes criminal cases decided by State courts of last resort on the basis of State constitutional law. Topics covered are search and seizure, self-incrimination/Miranda, right to counsel, confrontation, double jeopardy, speedy and public trial, and the death penalty.
Abstract
On search and seizure cases, Colorado, Connecticut and Louisiana adopted Terry principles to interpret reasonability standards -- Connecticut on its due process provision -- in each case ruling that constitutional rights violations had not occurred. New Hampshire declared that dog sniffs do constitute searches, rejecting the Federal approach on the matter. Massachusetts upheld drug testing of police cadets and approved broad automobile search rules. California did not expand its self-incrimination right beyond the Federal equivalent. In Colorado v. Spring the U.S. Supreme Court held that the failure of police to inform the suspect of all potential subjects of interrogation affected only the wisdom and not the voluntariness of the suspect's waiver of rights which was therefore upheld as valid. Colorado decided to permit videotaped testimony; Connecticut reversed a conviction because of a probable cause hearing error. 80 footnotes