Jeff Welty

Podcast Season 2 Is Here!

Beyond the Bench, the podcast of the Judicial College here at the School of Government, is back with a new season. Professor Sara DePasquale takes the reins as the host for Season 2, which explores the issue of juvenile homelessness. Sara explains that the season: focuses on neglect and the child welfare system with a … Read more

Failure to Allege, in an Application for a Search Warrant, that the Premises to Be Searched Is the Suspect’s Home

Sometimes officers have probable cause to believe that a person committed a crime, have probable cause that evidence of the crime will be found in the person’s residence, and seek a search warrant for the address at which the residence is located, but fail to include in the application a statement that the address in question is, in fact, the suspect’s home. What happens then?

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What Can a Judge Say About Football Players’ Protests?

In a recent interview with Katie Couric, Justice Ginsburg discussed San Francisco 49ers quarterback Colin Kaepernick and his practice of kneeling during the national anthem to protest racial injustice. She described Kaepernick’s conduct as “dumb and disrespectful,” compared it to flag burning, and said “I think it’s a terrible thing to do, but I wouldn’t lock a person up for doing it.” Is it OK for a judge to say that?

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Drug Users, Drug Sellers, and Probable Cause

Here’s a common fact pattern: Officers find a person in possession of drugs. The officers say, in effect, “we won’t arrest you if you’ll tell us who sold you the drugs.” The person then reports having recently purchased the drugs from a particular person at that person’s home. Does this provide probable cause to support a search warrant for the supplier’s home?

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Probable Cause and Search Warrants for Cell Phones

Law enforcement officers often seek search warrants for suspects’ cell phones. When they do, judicial officials must determine what sort of evidence is needed to support the issuance of a warrant. Many people have their phones with them at all times, and use their phones to document and discuss every aspect of their daily activities. Does that mean that when an officer has probable cause to believe that a suspect committed a crime, the officer automatically has probable cause to search the suspect’s cell phone for evidence of the crime? Or does the officer need a more specific nexus between the crime and the phone?

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Charging Greater and Lesser-Included Offenses Separately

Is it proper to charge a defendant separately with a greater offense and with a lesser-included offense? For example, is it proper to charge a defendant with robbery and with larceny arising out of the same taking, even though larceny is a lesser-included offense of robbery?

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Podcast Update: Episode 5 Now Available

The fifth and final episode of the first season of Beyond the Bench is now available. The episode features Jamie Markham interviewing Anne Precythe, the Director of Community Corrections. She shares interesting thoughts about how the probation system has changed over time and some of the challenges facing the system now. Check it out on the web … Read more