The following constitutional criminal cases are before the United States Supreme Court in the October 2013 term. I've pulled the "questions presented" directly from the certiorari petitions or the petitioners' briefs.
Fernandez v. California , No. 12-7822: Once a co-tenant has expressly told police officers that they may not enter his home, does the Fourth Amendment allow the officers to obtain valid consent to do so by removing the objecting tenant from the scene against his will and then seeking permission from the other tenant shortly thereafter?
Navarette v. California , No. 12-9490: Does the Fourth Amendment require and officer who receives an anonymous tip regarding a drunken or reckless driver to corroborate dangerous driving before stopping the vehicle?
Kansas v. Cheever , No. 12-609: When a criminal defendant affirmatively introduces expert testimony that he lacked the requisite mental state to commit capital murder of a law enforcement officer due to the alleged temporary and long-term effects of the defendant’s methamphetamine use, does the State violate the defendant’s Fifth Amendment privilege against self-incrimination by rebutting the defendant’s mental state defense with evidence from a court-ordered mental evaluation of the defendant?
Fifth and Sixth Amendments
Kaley v. United States , No. 12-464: When a post-indictment, ex parte restraining order freezes assets needed by a criminal defendant to retain counsel of choice, do the Fifth and Sixth Amendments require a pretrial, adversarial hearing at which a defendant may challenge the evidentiary support and legal theory of the underlying charges?