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Why cooperating with the police during a DUI arrest may not be a good idea
If you are suspected of Driving Under the Influence (DUI) in Illinois, you have decisions to make. If you have been drinking and or are nervous, you may not make the wisest decisions. This is an...
View ArticleGarrett on Criminal Justice and the Court's Past Term
Brandon Garrett has this post at the Harvard University Press Blog: With the past Term’s Supreme Court’s decisions behind us, commentators, scholars, and judges, are still processing the implications...
View Article„Keine wünschenswerte Lebensform“
Viel ist in den letzten Wochen und Monaten über den NSU-Prozess sowie die Hauptangeklagte Beate Zschäpe zu lesen gewesen – aber bei Weitem nicht alles war auch lesenswert. Jetzt, nur wenige Tage vor...
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Colorado Courts Reassert Awesome Power Of Parole Board In Sex Offender Parole...
by Colorado Sex Crimes Criminal Defense Lawyer - H. Michael Steinberg In the case directly addressing Parole Revocations for Colorado Sex Offenders - the Colorado Court of Appeals distinguished once...
View ArticleTwo Wisconsin Legislators Push For Harsh New Drunk Driving Laws
Two members of the Wisconsin legislature have moved to introduce sweeping legislation that would drastically stiffen penalties for those accused of drunk driving in the state. The three new measures...
View ArticleD.Minn.: “The knowing use of a file-sharing program defeats any claim of a...
“The knowing use of a file-sharing program defeats any claim of a reasonable expectation of privacy in the files shared on that network.” United States v. Hoffman, 2013 U.S. Dist. LEXIS 108076 (D....
View ArticleINVOKING THE FIFTH IN CONGRESSIONAL HEARINGS: Lois Learner Plays it Smart in...
As criminal defense lawyers we often advise innocent clients to invoke the Fifth Amendment in situations where they might face exposure to criminal allegations. This is especially so when the… read...
View ArticleCA2: NYPD could run DLs during DL checkpoint
A driver’s license checkpoint in the Bronx was reasonably conducted, and the NYPD did not violate any Fourth Amendment right by running the DL information through computers to see if the license was...
View ArticleOR: "I need to talk to the person that just ran in" led to consent
An officer had a tip of a DUI driving on a resort parking lot, and he saw the driver go into a condo. He went to the door and said "I need to talk to the person that just ran in." The entry was by...
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Orange County Sheriff's Deputy Charged with Assault
Orange County Sheriff's Deputy, Juan Tavera, 30, is being charged with one misdemeanor count of assault after allegedly spraying a pizza with pepper spray. On September 23, 2012, Tavera was on patrol...
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The pitiful state of forensics in Texas
I recently tried a murder case. Forensics were not a huge issue, but they were important. While I shouldn't be surprised, I was reminded about just how qualified (or unqualified) most of the people...
View ArticleSigns and Portents
“It has come to my attention that you have now asked an additional question: ‘Does the President have the authority to use a weaponized drone to kill an American not engaged in combat on American...
View ArticleThe Court reversed the decision issued earlier.
In a criminal case, defendant was convicted of two counts of grand larceny in the second degree, 17 counts of grand larceny in the third degree and one count of grand larceny in the fourth degree....
View ArticleS.D.Ohio: PO had PC defendant was staying elsewhere to enter without warrant
Parole officers had probable cause to believe that defendant was living at an unauthorized address after staking it out and seeing her there. They took her inside, and the entry was valid under the...
View ArticleE.D.La.: No standing shown in neighbor’s backyard
Defendant showed no standing in his neighbor’s backyard. United States v. Casby, 2013 U.S. Dist. LEXIS 108266 (E.D. La. August 1, 2013).* Defense counsel was not ineffective for not moving to dismiss...
View ArticleTop-Ten Recent SSRN Downloads
in criminal law and procedure ejournals are here. The usual disclaimers apply. RankDownloadsPaper Title 1 847 Privacy Protests: Surveillance Evasion and Fourth Amendment Suspicion Elizabeth E. Joh,...
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Sex-offender legislation is proposed
As usual, a proposed law for which there are no stats showing it was ever a problem. False beliefs to further political ladder climbing. 8-4-2013 Ohio: Changes being discussed for current Marion......
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Beware the Defective Equipment Traffic Stop: Saving a Few Dollars Now Could...
How many times have you seen a driver ahead of you in traffic with a burned-out taillight? While it may seem insignificant to some, a simple $10 light bulb could cause big trouble down the road. Never...
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Convicted Sex Offender Found Not Guilty of ...
8-4-2013 Maryland: A man once called a serial rapist has been found innocent in the eyes of the court not once, not twice, but three times in the past three years! FOX45’s Janice Park explored......
View ArticleGOVERNMENT WANTS YOUR EMAIL: Courts Still Debate Expectation of Privacy in...
If you live long enough, you will find a subject upon which you can agree with your worst adversary. We are really not that political. We represent, or at least… read more →
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