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Search of car in Boston drug arrest found unlawful by Massachusetts court

When dealing with search and seizure in a traffic stop arrest, one of the primary defenses for a Boston criminal defense lawyer is to challenge any warrantless search of the automobile under the Fourth...

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Mecklenburg wird wieder staatlich überwachte Zone

Das nordöstlichste Bundesland Mecklenburg-Vorpommern wird wieder staatlich überwachte Zone: Die rot-schwarze Landesregierung hat ein neues Gesetz zur Bestandsdatenauskunft verabschiedet, mit dem ab dem...

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Making Fudge

<font style="FONT-SIZE: 12px" face="Arial">In the&nbsp;<a href="http://www.nytimes.com/2013/06/16/magazine/can-a-juror-ever-fudge-the-truth.html?src=rechp&amp;_r=0" target="">New...

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Because There's No Such Thing As Undemo

<font style="FONT-SIZE: 12px" face="Arial">At <a href="http://overlawyered.com/2013/06/after-landmarking-inquiry-owner-demolishes-wright-interior/" target="">Overlawyered</a>, Walter...

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D.R.I.: Another staleness case; no time, no good faith

Another staleness case: No reference to time in a 2012 drug search warrant application except that defendant was driving a 2006 car. So, it had to be between 2006 and 2012. Even the continuing course...

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CA8 & KS apply Davis to pre-Gant search incident

Defendant was arrested and subjected to a search of his car (with probable cause). The search of the car was treated as a pre-Gant search incident and upheld under Davis good faith. [It appears it...

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E.D.Wis.: Consent based on personal fear for well being of family was not...

Defendant consented because of a fear for her family’s well being if she didn’t but it was of her own making and the police did nothing to exacerbate it. Therefore, consent was valid. United States v....

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Snowden Flies to Russia, and Then?

Update: There are reports that Snowden, whose plane arrived in Moscow, will spend the night at the Venezuelan embassy in Moscow or at the Sheremetyevo airport and then fly to Cuba, and then to Caracas....

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WI: Person loaned laptop had apparent authority to consent to police search

Defendant lived with his parents and was dating a woman, and she came over to spend the weekend when his parents were gone. He specifically let her use his computer while he was at work, and she found...

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Criminal Law: Quo Vadis?

Is it time to start lamentations on the death of the classic tough-as-nails criminal lawyer?

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New law review article on delay in computer searches as unreasonable

Colin Miller, OK Computer: The Fourth Amendment and Searches of Seized and Imaged Electronic Evidence, on SSRN. Abstract: [...] Read more!

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The Three Nevers of Social Media

Another great post on Kristin Lamb’s Blog – well worth the read for all you writers out there! The Three Nevers of Social Media

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New Yorker: Annals of Surveillance: The Prism

New Yorker: Annals of Surveillance: The Prism by Jill Lepore: [...] Read more!

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The things we (allegedly) do for our kids: Bexar prosecutor edition

The things we (allegedly) do for our kids: On Friday afternoon the SA Express-News published a story titled "Prosecutor leaves DA amid controversy." Here's how it opened:A high-ranking member of...

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Sun Sentinel: Bank robbery suspect wants NSA phone records for his defense

Sun Sentinel: Bank robbery suspect wants NSA phone records for his defense by Terrance Brown. His own cell phone company didn't have his records that far back. [...] Read more!

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AB 1309 to Curb Worker Compensation Could Result in Higher SSDI Claims

California Assembly Bill 1309, which aims to limit professional athlete's access to state worker's compensation. Far from being a measure that would only affect multimillionaire current and football...

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Intoxication Manslaughter Charges Filed after DWI Results in Officer's Death

 When a DWI involves a death, an individual can sometimes face charges of intoxication manslaughter. That’s the case with a man who allegedly caused a recent accident, which resulted in the death of a...

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Zimmerman Trial: Opening Statements Begin Monday

The prosecution and defense will make their opening statements on Monday in the trial of George Zimmerman, the neighborhood watch volunteer accused of second-degree murder in the death of 17-year-old...

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Zimmerman Trial: Opening Statements Begin Monday

The prosecution and defense will make their opening statements on Monday in the trial of George Zimmerman, the neighborhood watch volunteer accused of second-degree murder in the death of 17-year-old...

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Oregon Commentary

"Oregon governor wins battle, loses the war," is the Salem Statesman Journal editorial. The Oregon Supreme Court has ruled. Gary Haugen will not yet die at the state’s hand. The court’s ruling seems...

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