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    • Brief

    Caniglia v. Strom

    Brief Amicus Curiae of the National Association of Criminal Defense Lawyers and Criminal Procedure Professors in Support of Petitioner.

    Argument: In Sutterfield v. City of Milwaukee, 751 F.3d 542, 553 (7th Cir. 2014), the United States Court of Appeals for the Seventh Circuit observed that the distinctions among the exigent circumstances doctrine, the emergency aid doctrine, and the community caretaking doctrine “are not always clear.” In turn, these fuzzy distinctions have led to a “lack of clarity in judicial articulation and application of the three doctrines.” This lack of clarity means that courts deciding whether the community caretaking doctrine should apply to warrantless home entries often think that doctrine is needed to justify entries that are already covered by the exigent circumstances doctrine and/or the emergency aid doctrine. As set forth in this amici brief, this Court’s opinions defining and applying the exigent circumstances and emergency aid doctrines establish that police officers would need to rely on the community caretaking doctrine as an independent justification for warrantless home entries in only two potential situations: to address (1) non-bodily harms such as nuisances; and (2) non-imminent threats of bodily harm. Framed in that fashion, it is clear that a separate and independent rationale such as “community caretaking” – which was generated by the special circumstances attendant to automobile searches – does not justify invasion of the sanctity of the home. Indeed, the way that this Court distinguished its opinion in Coolidge in creating the community caretaking doctrine makes clear that the doctrine does not and should not apply to warrantless home entries. In addition, the capacity for a “community caretaking” exception that permits warrantless searches of the home would invite its use as an end run around the protections of the warrant requirement.

    • Brief

    United States v. Briggs; United States v. Collins; United States v. Daniels

    Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Respondents.

    Argument: First, there must be a specific reason not to apply the Eighth Amendment to the Constitution to servicemembers. As there is no issue of military importance that excludes servicemembers from the protections of the Eighth Amendment, rape of an adult cannot be an “offense punishable by death.” Under the Supreme Court’s interpretation of the Cruel and Unusual Punishment Clause of the Eighth Amendment, the crime of rape of an adult cannot be punishable by death. Petitioner has not met its burden to provide a military-specific exception for the application of the Eighth Amendment to servicemembers. Here, the Petitioner offers policy prescriptions and “national security” reasons which are insufficient to deprive a service-member of his or her constitutional rights. Further, canons of statutory interpretation require that Article 43 must be read to protect applicable constitutional rights. Specifically, sections in the same statutory scheme should be read in pari materia, or interpreted together. Article 43, at the time of Respondents’ alleged offenses, had no statute of limitations for crimes punishable by death, including rape, but established a five-year limitation otherwise; however, Article 55 prohibits cruel and unusual punishment, mirroring the Eighth Amendment. Applying Supreme Court precedent that precludes death as a punishment for rape of an adult, Article 43 read in conjunction with Article 55 requires that rape was subject to a five-year statute of limitations at the time of the alleged offenses. Lastly, civilian law must inform the interpretation of the UCMJ. The CAAF may not freely disregard Supreme Court precedent without a “legitimate military necessity or distinction.” Therefore, the CAAF’s decision to reverse Respondents’ convictions should be affirmed.