Free Speech is a many-faceted concept that usually results in the Supreme Court making impractical decisions on seemingly arbitrary law. This week, Brett and Nazim discuss the case of Heffernan v. City of Patterson, which talks about whether the Government can discipline you at work when they think you are engaged in free speech, but you argue that you are not. That is, until lawyers get involved, and then argue that you are engaged in free speech and the government argues that you are not.
This week's podcast covers police searches under the 4th Amendment in two different regards. First, Brett and Nazim take a closer look at dog sniff searches and the 4th Amendment, and specifically whether dog sniffs are a flawed practice and what could be done if they are. Then the case of Utah v. Strieff is covered, where the Court decides whether or not an officer who makes an illegal search is excused when the defendant had an arrest warrant and therefore could have been searched had the officer known about it, which could open the door for the bizarro "bad faith exception".
This week's episode about the criminal elements needed to convict someone is the converse to last week's episode about Constitutional elements that protect criminal defendants. In addition to talking about how criminal law works at a fundamental level, Brett and Nazim also cover inchoate crimes, why learning about criminal law is boring, why How to Get Away With Murder on ABC sucks, Ocasio v. U.S., how Madden gets harder as you get older, Lockhart v. US, and habitual offender statutes.
This week's episode is in response to an email we received in response to the "When Can Police Search Your Car Episode", which addressed reasons why giving police too much discretion to invade privacy has practical consequences. Going off that point, Brett and Nazim explain why the criminal justice system has significant punishments against the State when a person's Constitutional rights are violated, and use the cases of Arizona v. Youngblood, a current case before the Supreme Court Luis v. U.S., and a recent incident with the Delaware crime lab to show how the law forces the Court to decide between letting guilty people go free to protect against imprisoning innocent people.