CONSTITUTIONAL LAW - RETROACTIVITY - APPLICATION OF THE 'NEW RULE' THRESHOLD TEST BEFORE DETERMINING THE RETROACTIVITY OF ALMEIDA-SANCHEZ

• NCJ Number: 19728
• Journal: Texas Law Review Volume: 53 Issue: 3 Dated: (MARCH 1975) Pages: 586-597
• Author(s): ANON
• Date Published: 1975
• Length: 12 pages
• Corporate Author: University of Texas
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

IN THIS 1973 CASE, THE U.S. SUPREME COURT HELD THAT A CAUSELESS, WARRANTLESS AUTOMOBILE SEARCH 25 MILES FROM THE UNITED STATES BORDER VIOLATED THE FOURTH AMENDMENT PROTECTION AGAINST UNREASONABLE SEARCHES AND SEIZURES.

Abstract

POST-ALMEIDA-SANCHEZ COURT DECISIONS HAVE DISAGREED OVER WHETHER THIS RULING PRESENTS A 'NEW RULE' OF FOURTH AMENDMENT LAW AND THEREFORE, SHOULD NOT BE APPLIED UNLESS IT MEETS CERTAIN JUDICIALLY IMPOSED STANDARDS FOR RETROACTIVE APPLICATION. THIS ARTICLE REVIEWS THE ORIGIN, PURPOSE, AND INCONSISTENT FORMULATIONS OF THIS 'NEW RULE' TEST. IN A 1971 DECISION (CHEVRON OIL COMPANY V. HUSON), THE U.S. SUPREME COURT SUGGESTED THAT NEW RULES COULD BE CREATED BY 'OVERRULING CLEAR PRECEDENT' OR BY 'DECIDING AN ISSUE OF FIRST IMPRESSION.' IN 1972, THE COURT (IN MILTON V. WAINWRIGHT) DEFINED A NEW RULE AS A DECISION 'OVERRULING CLEAR PAST PRECEDENT' OR DISRUPTING 'A PRACTICE LONG ACCEPTED.' AFTER CONSIDERATION OF PERTINENT RETROACTIVE APPLICATION AND SEARCH AND SEIZURE CASE LAW, THE AUTHOR CONCLUDES THAT STRONG LOWER COURT AND STATUTORY (NOT JUST SUPREME COURT) PRECEDENT DOES PROVIDE A BASIS FOR A LITIGANT'S RELIANCE AND THAT ALMEIDASANCHEZ DID INDEED ANSWER A QUESTION OF FIRST IMPRESSION IN THE SUPREME COURT. HE SUGGESTS THAT THE SUPREME COURT RECONSIDER THE 'NEW RULE' TEST TO DETERMINE IF ONE DOES EXIST AND IF SUCH A TEST SHOULD PRECEDE ALL RETROACTIVITY DETERMINATIONS. IF BOTH THESE DECISIONS ARE AFFIRMATIVE, THEN HE RECOMMENDS THAT THE COURT RECONCILE THE APPARENT CONFLICT BETWEEN LANGUAGE IN CHEVRON AND MILTON, DISCUSS THE IMPORTANCE OF LOWER COURT AND STATUTORY PRECEDENT IN A 'NEW RULE' DETERMINATION, AND PERHAPS EXPAND ON THE 'FIRST IMPRESSION' STANDARD. IF ALMEIDA-SANCHEZ IS FOUND TO DECLARE A NEW RULE, THEN THE COURT WILL HAVE TO DECIDE WHETHER IT SATISFIES THE REQUIREMENTS FOR RETROACTIVE APPLICATION. A SUGGESTED REPHRASING OF THE NEW RULE TEST IS OFFERED. (AUTHOR ABSTRACT MODIFIED)