Constitutional Law, Criminal Law

Short Wins - The Fair Sentencing Act And The New York Times On Brady And Criminal Discovery

by Matthew G. Kaiser | The Kaiser Law Firm PLLC on 5/20/2013

There was only one win in the federal circuits last week, but United States v. Blewett was a whopper - the Sixth Circuit held that the Fair Sentencing Act applies retroactively to people sentenced before it took effect. ...more

Can the Government Search Your iPad or iPhone at the Border?

by Christopher Hopkins on 5/17/2013

Can the United States search your laptop, camera, iPhone/iPad, or other devices at the border? Read this article on the Fourth Amendment rights and exceptions....more

California Moves One Step Closer to Passing Privacy Bill Requiring a Search Warrant for Providers' Customers' Emails

by Amy L. Pierce | Pillsbury Social Media, Entertainment &... on 5/17/2013

In a 33-1 vote, on May 13, the state Senate approved Senator Mark Leno's bill that would require state law enforcement officials to obtain a search warrant before asking service providers to disclose the contents of their...more

No Warrant Exception For Slow Pursuit Into Home Of A $14.99 Phone Charger Robber

by Kyle P. Konwinski | Varnum LLP on 5/14/2013

Two police officers are being sued because they entered Charles Smith's home after he stole a $14.99 (presumably, before tax) phone charger from Walgreens. As the Sixth Circuit acknowledged: "But for the want of $14.99 or a...more

Warrantless Cell Phone Searches – A Look at the Case Law

by Mintz Levin - Privacy & Security on 5/14/2013

When a person is arrested with a cell phone, law enforcement officers will likely want to search the phone’s contents. Today’s smart phones are a treasure trove of contacts, calendars, voice and text messages, e-mail,...more

Supreme Court Rules That A Warrant Is Required For Drawing Blood From Drivers

by Samster, Konkel & Safran, S.C. on 5/13/2013

The United States Supreme Court has ruled that police cannot take blood from a suspected drunken driver without a warrant, unless there are some special circumstances. In Wisconsin, police have previously taken blood from...more

States Abolishing Death Penalty at Record Pace

by Aaron Kase | Lawyers.com on 5/9/2013

The days of putting convicted criminals to death in the United States could be on the wane. Six states have gotten rid of capital punishment in the last six years, while more could be on the way...more

BB&K Police Chief Bulletin: Discarded Evidence - Handgun Not Product of Illegal Search if Discarded Before Owner Seized

by Paul A. Cappitelli, G. Ross Trindle III | Best Best & Krieger LLP on 5/9/2013

Overview: The Ninth Circuit Court of Appeals recently upheld a conviction for felony firearm possession in a case where the handgun owner discarded the weapon before being seized. The court found that, although an illegal...more

Could Casey Anthony Be Tried Again for Murder?

by Aaron Kase | Lawyers.com on 5/9/2013

Casey Anthony should have been convicted of murder, her trial judge said this week. Anthony was acquitted in 2011 for the killing of her 2-year-old daughter, Caylee. Caylee’s corpse was found in a trash bag in the...more

Can Kids Be Sentenced to Life in Prison?

by Aaron Kase | Lawyers.com on 5/8/2013

Last year, in an attempt to rein in the harshest punishments for minors convicted of major crimes, the U.S. Supreme Court ruled that states could not impose mandatory sentences of life in prison without parole for juvenile...more

BB&K Police Chief Bulletin: “Two-Step” Interrogation - Intentionally Delayed Miranda Warnings Yield Inadmissible Evidence

by Paul A. Cappitelli, G. Ross Trindle III | Best Best & Krieger LLP on 5/6/2013

Overview: The Ninth Circuit Court of Appeals recently reversed a drug conviction in a case where FBI agents deliberately delayed Miranda warnings to induce the defendant’s confession. The court found that the agents had...more

DOES AUTHORITY EXIST FOR CRIMINAL PROSECUTION FOR VIOLATIONS OF BAIL LICENSING LAWS WITHOUT CERTIFICATION OF CRIMES BY THE...

by Bonnie Merrick on 5/6/2013

California attorney Joseph Cavallo was convicted of violating Title 10, CCR section 2071, "recommendation of attorney by bail licensee". The authority to prosecute violations of the bail licensing regulations lies with the...more

The Fourth Circuit Holds That A Plea Based On Law Enforcement Fraud Is Invalid, Even If The Person Is Guilty

by Matthew G. Kaiser | The Kaiser Law Firm PLLC on 4/29/2013

October 29, 2007 started bad for Cortez Fisher. He walked out of his house and the Baltimore police approached him (he lived in Baltimore). They asked to talk to him. He said no. He tried to drive away, but backed into...more

Context, Content And Privacy In Warrantless Searches Of Cell Phone And Cameras

by Tim Banks | Dentons on 4/25/2013

Context and content matters to the assessment of reasonable expectations of privacy in criminal law matters. Recently, in R. v. B. (C.), 2013 CarswellOnt 3851 (SCJ), P. Smith J. considered the constitutionality of a...more

Keep Calm and Remain Silent if You Are Arrested

by Law Offices of Adrian H. Altshuler &... on 4/24/2013

If you are arrested, it is important to avoid panicking and to think clearly to make sure your rights are secured. The Fifth Amendment gives you the right to refuse to discuss allegations with police. Although you may feel...more

Using the Privilege: Fifth Amendment Fundamentals for Corporations

by Jonathan Cavalier, Hayes Hunt | Cozen O'Connor on 4/24/2013

Most in-house lawyers, if they're fortunate, haven't bumped up against the Fifth Amendment and its related issues since the bar exam. After all, the so-called "nickel" typically arises solely in the criminal context, and...more

Miranda Public Safety Exception Tested by Boston Bomber

by Michele Bowman | Lawyers.com on 4/23/2013

Dzhokhar Tsarnaev, the surviving suspect in the Boston Marathon bombings, was formally charged on Apr. 22 at his hospital bedside with federal terrorist crimes. As soon as he was captured on Apr. 19, legal experts...more

Short Wins - A Miranda Violation And Two Fraud Convictions Vacated

by Matthew G. Kaiser | The Kaiser Law Firm PLLC on 4/23/2013

Last week was a great week for folks appealing a federal conviction. In United States v. Garrido and again in United States v. Cone fraud convictions were reversed by the Ninth Circuit and the Fourth Circuit. Separately,...more

Court to Rule on Exceptions to Warrant Requirement for GPS Tracking

by Jeff Ifrah on 4/22/2013

The U.S. Court of Appeals for the 3rd Circuit is set to become the first federal appellate court to answer the question left open by the Supreme Court in United States v. Jones. Last year, the Court held in Jones that a...more

BB&K Police Chief Bulletin: DUI Blood Test - Alcohol Dissipation Does Not Justify Warrantless Blood Test for Drunk Driving

by Paul A. Cappitelli, G. Ross Trindle III | Best Best & Krieger LLP on 4/22/2013

Overview: The U.S. Supreme Court recently ruled that the natural dissipation of alcohol in the bloodstream did not necessarily create an exigent circumstance justifying a warrantless blood test in all DUI cases. Missouri...more

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