Drug-Related Crimes:

Drug-Related Crimes:

The landscape of drug-related criminal law continues to evolve, particularly in light of changing attitudes towards marijuana and the ongoing opioid crisis:

1. United States v. Safehouse (3rd Circuit, 2021): This case addressed the legality of supervised injection sites under the Controlled Substances Act. The court held that operating such a facility violates federal law, highlighting the tension between harm reduction strategies and existing drug laws[35].
2. United States v. Curry (4th Circuit, 2020): This en banc decision addressed the constitutionality of “predictive policing” in high-crime areas. The court held that mere presence in a high-crime area, even after gunshots are heard, does not justify a Terry stop, impacting how drug crimes are policed[36].
3. Gonzalez v. United States (11th Circuit, 2020): This case clarified the application of the First Step Act to certain drug offenses, holding that the Act’s reduced penalties for crack cocaine offenses apply to defendants convicted of conspiracy to possess with intent to distribute[37].

Firearms Offenses:

Recent years have seen several significant cases addressing Second Amendment rights and firearms offenses:

1. New York State Rifle & Pistol Association v. Bruen (2022): This landmark decision held that New York’s proper-cause requirement for obtaining a license to carry a handgun in public violated the Second and Fourteenth Amendments. This ruling has far-reaching implications for firearms regulations across the country[38].
2. Rehaif v. United States (2019): The Court held that in prosecutions under 18 U.S.C. §§ 922(g) and 924(a)(2), the government must prove both that the defendant knew they possessed a firearm and that they knew they belonged to the relevant category of persons barred from possessing a firearm. This decision significantly impacts prosecutions for firearms possession by prohibited persons[39].
3. United States v. Gary (4th Circuit, 2021): This case addressed the impact of Rehaif on guilty pleas, holding that a defendant’s guilty plea to a felon-in-possession charge was invalid because he was not informed that the government had to prove he knew he was a felon[40].

Criminal Procedure:

Several cases have refined important aspects of criminal procedure:

1. Timbs v. Indiana (2019): The Court held that the Eighth Amendment’s Excessive Fines Clause is incorporated against the states under the Fourteenth Amendment. This decision has significant implications for civil asset forfeiture practices[41].
2. Mitchell v. Wisconsin (2019): This case addressed the constitutionality of warrantless blood draws from unconscious drivers. The Court held that in most cases, such draws are permitted under the exigent circumstances exception to the Fourth Amendment’s warrant requirement[42].
3. United States v. Haymond (2019): The Court held that a provision of federal law allowing judges to impose additional prison time on defendants under supervised release based on a preponderance of the evidence standard violated the Fifth and Sixth Amendments[43].
4. Garza v. Idaho (2019): The Court held that a defense lawyer’s failure to file a notice of appeal when requested by their client constitutes ineffective assistance of counsel, even if the defendant had signed an appeal waiver[44].
5. Byrd v. United States (2018): This case expanded Fourth Amendment protections to rental car drivers who have permission to drive the car but are not listed on the rental agreement[45].

These additional cases further illustrate the dynamic nature of criminal law and procedure. They reflect ongoing debates about the balance between public safety and individual rights, the appropriate scope of law enforcement powers, and the challenges of adapting criminal law to changing social norms and technological realities.

The continual evolution of criminal law across these various domains underscores the need for practitioners, scholars, and policymakers to remain vigilant and adaptable. As society continues to grapple with complex issues like drug policy, gun rights, and the implications of new technologies, we can expect criminal law to remain a crucial arena for addressing some of our most pressing social and legal challenges.

[35] United States v. Safehouse, 985 F.3d 225 (3d Cir. 2021) [36] United States v. Curry, 965 F.3d 313 (4th Cir. 2020) [37] Gonzalez v. United States, 972 F.3d 1219 (11th Cir. 2020) [38] New York State Rifle & Pistol Association v. Bruen, 597 U.S. ___ (2022) [39] Rehaif v. United States, 588 U.S. ___ (2019) [40] United States v. Gary, 954 F.3d 194 (4th Cir. 2021) [41] Timbs v. Indiana, 586 U.S. ___ (2019) [42] Mitchell v. Wisconsin, 588 U.S. ___ (2019) [43] United States v. Haymond, 588 U.S. ___ (2019) [44] Garza v. Idaho, 586 U.S. ___ (2019) [45] Byrd v. United States, 584 U.S. ___ (2018)