| Beyond the Fourth & Fifth Amendments
Cosponsored with the Macaronis Institute for Trial and Appellate Advocacy
Please Note: This course has already
been held.
Date: Friday, September 15, 2000
Location: Suffolk University Law School, 120 Tremont St., Boston, MA
Time: 09:00 AM - 04:30 PM
Schedule/Agenda
Registration Information
Unable to attend but are interested in the course materials?
Purchase Here! |
|
Beyond the Fourth and Fifth Amendments brings together leading jurists, attorneys and scholars to discuss the important role of the Massachusetts Declaration of Rights in the litigation in state court of problems of search and seizure and confessions by criminal defendants. It also gives you the latest on the law of asset forfeiture and explains the impact on your practice.
In a seminal Harvard Law Review article in 1977, the late Justice William J. Brennan, Jr. urged state supreme courts to examine state constitutions to develop a basis for recognizing and defending individual rights. For the past two decades, the Supreme Judicial Court in Massachusetts has been a leader among state supreme courts in exploring the reach of our state constitution as a basis for civil rights and civil liberties, independent from the jurisprudence of the United States Supreme Court.
For many years prosecutors have sought to move beyond criminal sanctions in attacking drug dealers by the aggressive use of forfeiture statutes. The seizure of substantial property in civil and quasi-criminal proceedings has become routine. At the same time, many criminal practitioners are unfamiliar with civil forfeiture practice. Amendments this year to the federal forfeiture statute have radically affected the procedural rights and remedies of property owners in such proceedings.
Attend this conference and learn about the critical differences in state and federal court practice, the new developments in the law of search and seizure, confessions and asset forfeiture and the possible impact on your cases.
Attend and Learn:
- You will learn the latest practice tips concerning searches and confessions
- You will receive an expert analysis of US v. Dickerson
- You will find out how anonymous tips factor into proving probable cause for searches
- You will discover how the new federal forfeiture law will impact your clients’ rights and remedies
| S C H E D U L E / A G E N D A |
| 9:00 |
Welcome & Introductions |
Honorable John J. Irwin, Suffolk University Law School
Professor Michael Avery, Suffolk University Law School
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| 9:10 |
The State Constitution May Make a Difference: Articles 12 and 14 of the Declaration of Rights |
| Honorable Herbert P. Wilkins, Boston College Law School
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| 9:45 |
State of the Law of Search & Seizure |
- Predicates to filing a Motion to Suppress - M.R. Crim. Prac. R 13;
- Is the Fourth Amendment or Article XIV implicated?
- Differences between Article XIV and the Fourth Amendment
- Recent developments in the law of search and seizure: The Comeback of the Fourth Amendment?
- The role of predictability of anonymous tips in establishing probable cause
- Status of anticipatory warrants in Massachusetts
Honorable Christine M. McEvoy, Associate Justice, Superior Court
William W. Robinson, Esq., Committee for Public Counsel Services, Barnstable
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| 11:20 |
State of the Law of Confessions |
- What does the Supreme Court’s decision in Dickerson v. United States mean for Massachusetts practitioners?
- Under what circumstances has the Supreme Judicial Court differed from the Supreme Court of the United States in the area of confessions and statements?
- What issues have not yet been addressed by the Supreme Judicial Court under Article XII in the area of confessions and statements?
- What impact will the changing composition of the Supreme Judicial Court have on the interpretation of Article XII in the area of confessions and statements?
- What are the recent important confession/statement cases decided by the Supreme Judicial Court and the Supreme Court?
- Practical tips for discovery of confessions and statements and litigating suppression thereof.
Charles W. Rankin, Esq., Rankin & Sultan, Boston
Honorable Isaac Borenstein, Associate Justice, Superior Court
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| 1:40 |
New Federal Law on Forfeiture & How to Use It |
| David B. Smith, Esq., English & Smith, Alexandria, VA
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| 2:30 |
State Perspective |
| District Attorney Ralph C. Martin, II, Suffolk County District Attorney’s Office
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| 2:45 |
Litigating the Government’s Economic Conflict of Interest in Forfeiture Cases |
| Professor Eric D. Blumenson, Suffolk University Law School
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| 3:15 |
Panel Discussion |
This year, the federal forfeiture law was radically revised in ways that will significantly affect the defendant’s (or property owner’s) procedural rights and remedies. You will learn about the changed legal and strategic landscape for practitioners resulting from the new federal act. Find out what you need to know about state forfeiture practice; recent due process restrictions imposed on abusive forfeitures by the Supreme Court; and litigation strategies challenging seizures by law enforcement agents who are entitled to retain the assets for their department’s budget.
Professor Eric D. Blumenson, Suffolk University Law School
Congressman William Delahunt, 10th District, Massachusetts
District Attorney Ralph C. Martin, II, Suffolk County District Attorney’s Office
David B. Smith, Esq., English & Smith, Alexandria, VA
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| Date: |
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Friday, September 15, 2000 |
| Tuition: |
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$199; $149 for attorneys admitted since 1997, members of MACDL, CPCS attorneys and ADAs. Tuition includes course book and refreshments.
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| Walk-Ins: |
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Space is limited. Registrations at the door are welcome, but please register in advance to reserve a seat and your written course materials or call to confirm space availability.
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| Refunds: |
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Any cancellations received 24 hours prior to the program will be granted a refund, minus a $15.00 charge. If you cannot attend, you can send a substitute, otherwise you will receive the written course materials.
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| Location: |
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Suffolk University Law School, 120 Tremont St., Boston, MA
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| Credit: |
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Approved for CLE Credit in RI, NH, VT & NY.
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Special
Needs: |
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If you have special needs addressed by the Americans with Disabilities Act, please notify us as soon as possible.
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Directions to the Law School.
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Unable to attend but are interested in the course materials?
Purchase Here! |
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|
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