SCOTUS takes Fourth Amendment case: Today the Supreme Court agreed to review a 4th Amendment case next term regarding warrantless searches of automobiles. The Washington Post reports that Rodney J. Gant was arrested in Tucson, Arizona about 10 feet away from his parked car and placed in the back of a police car while officers searched his car. They found cocaine and other drug paraphernalia. Last year the Arizona Supreme Court reversed Gant's conviction, holding that the search violated the 4th Amendment. The case is Arizona v. Gant, 07-542

Surveillance Law for Expanded Spy Powers. As posted in a previous news scan President Bush would like the House to act on legislation the Senate has passed and allow the government to monitor phone calls and emails by suspected terrorists. AP reporter Ben Feller, writes in the Washington Post “the law targets foreign terrorists threats and allows eavesdropping on communications involving people in the U.S.”. A sticking point for House Democrats is whether to extend legal immunity to companies that have assisted the NSA at intercepting suspect communications in the past.

Three NYPD officers on trial
According to this AP story by Tom Hayes, three undercover officers are on trial for killing Sean Bell and wounding two of his friends on the night before Bell was to be married. Assistant DA Charles Testagrossa points out that one of the three officers did not show his badge or wait for backup before confronting the three men. Bell and the others were shot in front of a strip club where his bachelor party was held hours before the wedding. Defense attorney James Culleton said, “While clearly this was a tragedy, no crime was committed.” The officers pleaded not guilty to manslaughter and reckless endangerment.

No Remedy for CA death penalty appeals
Chief Justice Ronald M. George has dropped his bid to ask voters to adopt a constitutional amendment allowing intermediate-level appellate courts to review death penalty cases. Earlier this year the Court unanimously agreed that the change would help reduce the backlog of capital cases awaiting direct review before the high court. A story by Henry Weinstein in the Los Angeles Times reports that in California it takes an average of 17 years to complete the judicial review of a capital case, which is twice the national average. Chief Justice George has decided to withdraw his proposal because of California's current fiscal crisis.