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How many United States Supreme Court Justices (current and past) were born in the State of Georgia?  Please also list their names.

6 Days and Counting

Let's Talk About Utah v Strieff

Utah v Strieff

Terrence Croft Essay: Explanation of the Attenuation Doctrine

Good evening Interns,

We hope that all is well with you and we are looking forward to seeing you at the Atlanta Bar on Wednesday. 

We have received a question about the attenuation doctrine as that term is used within the Utah v Strieff opinion.  Following is an explanation that we hope will be helpful to you as you work on your essays. 

In general, the term attenuated refers to something that has been weakened, reduced, lessened, or decreased in strength or magnitude.  The attenuation doctrine comes into play when evidence has been seized as a result of illegal police conduct, but the link between the police misconduct and the discovery of the evidence is weak enough for the court to consider allowing the evidence to be used against the defendant despite the illegal police conduct.  When evidence is allowed under this theory, it is allowed pursuant to the attenuation doctrine.

In Utah v Strieff, the Supreme Court was faced with the issue of what to do about a police officer's violation of the defendant's Fourth Amendment rights when as it turned out there was also an outstanding warrant for the defendant.  Should the evidence be suppressed or not?  If the link between the illegal police conduct and the discovery of the evidence is considered weak, the court may find that the attenuation doctrine applies and therefore find that the evidence can be admitted.

DIRECTIONS TO THE ATLANTA BAR ASSOCIATION OFFICE

-- IN PEACHTREE CENTER --

SUITE 400 INTERNATIONAL TOWER

229 PEACHTREE STREET, NE

ATLANTA, GA  30303

(404) 521-0781

Please note that there are other parking decks and lots very close to the Bar office. The International Garage referenced below has a pedestrian bridge between it and our building, so it is the most convenient. The Peachtree Center garage is on Andrew Young International just before Peachtree Center Avenue, as is a self-pay lot. The deck is on the left and the lot is on the right. Both are less expensive than the International Garage.

For driving and parking at International Garage:

From I-75/85 going south: Take the Courtland Street exit which feeds directly onto Courtland, a one-way street.  Stay in far right hand lane and turn right on Andrew Young International Boulevard (you will pass the Atlanta Hilton on your left and the Marriott on your right, and cross Harris Street).  After you turn on Andrew Young International, stay in the left-hand lane - cross Peachtree Center Avenue and immediately turn left into the International Garage.  There is a tall blue triangular shaped sign identifying the Garage.  In the garage take the elevator to the 5th floor where there is a bridge going into the International Tower.  Once inside the Tower take the elevators on your right to the 4th floor.  If you are entering after 6:00 p.m., you must go to the 1st floor and sign in at the security desk.  You can then take an elevator to the 4th floor.  The Atlanta Bar Association office is identified with the name over the double doors.

From I-75/85 going north: Exit at Andrew Young International Boulevard. Turn left onto International. Stay in the far left lane. Cross Peachtree Center Avenue and immediately turn left into the International Garage.  There is a tall blue triangular shaped sign identifying the Garage.  In the garage take the elevator to the 5th floor where there is a bridge going into the International Tower.  Once inside the Tower take the elevators on your right to the 4th floor.  If you are entering after 6:00 p.m., you must go to the 1st floor and sign in at the security desk.  You can then take an elevator to the 4th floor.  The Atlanta Bar Association office is identified with the name over the double doors.

MARTA:  From the North/South trains exit at Peachtree Center and take the escalators marked Harris Street (not Ellis Street), at the north end of the station. There are two escalators – take the one directing you to Peachtree Center and the Hyatt Regency, which will take you to right outside the food court.  Go through the food court, take a right at the Great American Cookie store.  You will pass a row of shops - the Eastern News, Naturalizer Shoes, etc.  The last shop is a clothing store on the right –  immediately past this take the elevators on your left.

After hours access: Between 7:00 p.m. and 6:00 a.m., the elevators do not go to tenant floors. If you cannot get to the 4th floor, please call the Atlanta Bar Association and a staff person will meet you and escort you to the office.

Terrence Croft Essay - Due June 29, 2016

Atlanta Bar Association Summer Intern Program

Terrence Croft Essay - Due June 29, 2016

This year’s Terrence Croft Essay is on the United States Supreme Court’s recent decision in Utah v. Strieff No. 14-1373.  You may review the majority and two (2) dissenting opinions at the following LINK.  The opinion may also be viewed at the United States Supreme Court’s website by clicking on “Opinions.” (www.supremecourtus.gov)  You can also read the transcript of the Oral Argument by clicking on “Oral Argument” and going to “Argument Transcripts.” The link to the transcript of the oral argument is HERE.  The link to the audio of the oral argument is HERE.  Finally, we will bring this memorandum and the opinion(s) to this week's All Intern Meeting.

In Strieff, the United States Supreme Court by a decision of 5-3 reversed the Utah Supreme Court's decision to suppress incriminating evidence.  In a nutshell, the United States Supreme Court held that if police discover an arrest warrant during an illegal traffic stop any incriminating evidence they recover thereafter is admissible in Court and not violative of the Fourth Amendment's exclusionary rule.

After setting forth succinctly the key facts, your essay should detail the United States Supreme Court’s holding in Strieff, with particular emphasis on the reasons (bases)  for the Court's majority opinion by Justice Thomas.  Do you agree with the decision?  Why or why not?  Please review and discuss the dissenting opinions of Justice Sotomayor and Justice Kagain.

Your essay must be at least 700 words typed and double-spaced.

Your essay is due June 29, 2016, at our weekly mandatory Intern Meeting.

**Denisha and Courtney will assign you an Essay number as we will do blind grading.  Your name should not appear anywhere on your essay.**

Below are the links for you again:

SUPREME COURT OPINION

ORAL ARGUMENT TRANSCRIPT

ORAL ARGUMENT AUDIO


Also, for those interested, you may follow this video link for a short introductory vignette to the case.

VIDEO LINK