Richards v. Wisconsin Is Victory for Fourth Amendment
Washington, DC (April 28, 1997) -- The Fourth Amendment to the Constitution of the United States provides that Americans shall be secure in their homes and persons from unreasonable searches and seizures. To that end, the National Association of Criminal Defense Lawyers argued on behalf of Steiney Richards in the Supreme Court decision handed down today, Richards v. Wisconsin.
In refusing to uphold Wisconsin's 'blanket exception' in drug cases to the common law requirement that police officers knock and announce their presence before forcibly entering a dwelling, the Supreme Court boldly reaffirms Americans' right to the sanctity of the home. NACDL agrees with the Court that in most cases, the government's interests in breaking into a person's home or other abode without requesting entry do not outweigh the individual privacy interests intruded upon by a no-knock entry. We note also that the attorneys general of 26 states, the Commonwealth of Puerto Rico and the Territory of Guam filed a brief rejecting Wisconsin's rule permitting no-knock entry in any felony drug case.
NACDL agrees with the Court that it is "always dangerous to ground exceptions to constitutional protections in the social norms of a given historical moment." Indeed, the right to be secure in our homes from unreasonable government intrusion is one of our most ancient and cherished, and for which we tore ourselves from England over 200 years ago.
Although we are disappointed that the Petitioner, Mr. Richards, did not gain the relief he sought and deserved, today's decision is a victory for the Fourth Amendment. On behalf of the entire Association, I would like to congratulate the NACDL attorneys who worked on this case, Henry Schultz, David Karpe, and John Wesley Hall, Jr., who represented Mr. Richards, and Lisa Kemler, Tracy Maclin and Steven Shapiro, who submitted the amicus curiae brief on behalf of NACDL and the ACLU.
Cross-Examination Trial Pack
NACDL’s new Cross-Examination Trial Pack includes three of our best-selling Cross-Examination resources: “Damage Control: Situational Cross-Examination Techniques Trial Guide”, "Ultimate Cross 2.0: Audio Recordings & Written Materials" and "Sample Cross-Examination Questions."
This masterful collection of cross-examination resources provide countless tips, techniques and strategies for a variety of criminal case-specific scenarios. Learn to cross-examine a variety of trial witnesses!
Death Investigation: Forensic Pathology in the Courtroom and Cause & Manner of Death (2022)
This unique program provides criminal defense lawyers with an accurate and clear overview of forensic pathology and the countless factors to consider in a death investigation and will methodically explain what happens during an autopsy to determine cause and manner of death.
You'll uncover the different types of medicolegal death investigations, what to request from your MDI expert, quality benchmarks for accreditation and certification, guidelines and standards, common terminology and frequently asked questions.
The Psychology of Persuasion & Storytelling for Criminal Defense Lawyers
This Trial Resource Guide is a masterful collection of practical tips, techniques and strategies focused solely on using the arts and sciences of persuasion to improve your storytelling skills at trial.
You'll learn how to master the ability to communicate with juries, deliver powerful openings and closings, perform convincing cross-examinations, use effective courtroom choreography and non-verbal communication, identify and develop the optimal theme and theory for your case, and offer compelling arguments during mitigation and sentencing.
Zealous Advocacy in Sexual Assault & Child Victims Cases (2022)
Defending charges of sexual assault and child abuse can be daunting — but with the right tools, it doesn’t have to be.
Every year, NACDL identifies the hottest topics and most pressing issues when defending these cases, and brings-in nationally-renowned lawyers and experts to help you prepare for battle. This year’s 13th Annual Defending Sex Cases training program is our best yet; packed with topics and speakers you won’t want to miss!
NACDL Communications Department
The National Association of Criminal Defense Lawyers is the preeminent organization advancing the mission of the criminal defense bar to ensure justice and due process for persons accused of crime or wrongdoing. A professional bar association founded in 1958, NACDL's many thousands of direct members in 28 countries – and 90 state, provincial and local affiliate organizations totaling up to 40,000 attorneys – include private criminal defense lawyers, public defenders, military defense counsel, law professors and judges committed to preserving fairness and promoting a rational and humane criminal legal system.