Recent Legal Developments

Abstract

Once again, the Review highlights a collection of significant Supreme Court decisions in the area of criminal justice. The Court mainly 'fine-tuned" various Fourth Amendment principles, most notably the Terry "stop and frisk" and the Carroll automobile search doctrines.

In deciding the following cases, the Court repeatedly stated its view that the need for a less restricted, more efficient police investigatory process could sometimes outweigh individual rights. However, despite this general "pro police" view, the Court did indicate that it is not always willing to subvert individual rights to the investiga tory process. For example, in Winston v. Lee, the court refused to force a suspect to undergo major chest surgery in order for the police to gain possible evidence of a crime. The Court rejected the state's argument that investiga tive needs were paramount. In Hayes v. Florida, the Court called for the suppression of fingerprints obtained during a detention which was not supported by probable cause. In Garner v. Tennessee, the Court limited a police officer's right to use deadly force. These cases demonstrate that although the Court may, on balance, be pro law enforcement, it will not give police officers absolutely free rein as some commentators have feared.

All case summaries were prepared by Michael R. Neuenkirch, a third year law student, Georgia State University College of Law.