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Combining Arms for Justice-Involved Veterans [Video]

Co-sponsored by Fenwick & West and Microsoft, Equal Justice Works Fellow Leo Flor is building enduring capacity in Washington State for complementary civil representation of criminal justice-involved veterans through client...more

Status Updates - October 2014 #10

..Time change. Until now, Twitter has made a clear distinction between people you follow and people you don’t follow: You only saw tweets from those whom you followed. Now, the service, in what it calls a “timeline...more

Status Updates - October 2014 #8

..Doctor in the mouse. What if you could input a list of your current symptoms to Google, and quickly be connected with a doctor for a brief consultation? For a limited trial period, Google seems to have set up such a system...more

R. v. P.C.: No Automatic Constitutional Right to State-Funded Counsel for First Appeal in Criminal Cases

In her August 12, 2014 decision, R. v. P.C., Justice Weiler, for a unanimous Ontario Court of Appeal, rejected an accused’s argument that he had an automatic right to state-funded counsel for a first appeal in a criminal case...more

University of Florida Quarterback Is Reinstated After Accuser Withdraws Sexual Assault Complaint

James Ryan, the Partner-in-Charge of the Education Litigation Department of Cullen and Dykman LLP was recently featured in The Chronicle of Higher Education, regarding the highly publicized University of Florida (the...more

Privacy and Fourth Amendment Issues Among Legal Concerns for Law Enforcement Use of Body-Worn Cameras

While there are many considerations for police departments interested in using body-worn cameras in the field, including policy issues and deployment procedures, there are some legal — and somewhat controversial — hurdles...more

Third Circuit decision highlights power of “good faith exception” to the exclusionary rule

We previously discussed the decision of the United States Court of Appeals for the Third Circuit in United States v. Katzin, wherein the Court found that a warrant is required for GPS monitoring and that there was no...more

Drone on Drones: Gov. Brown Vetoes AB 1327, Protecting Police Use of Drones

Amid controversy over the bill and its potential consequences, Gov. Jerry Brown vetoed AB 1327 this Sunday. The bill would have required law enforcement agencies to obtain a warrant before using a drone to gather criminal...more

“Stay Put” Seizure by Law Enforcement Clarified by the Court

When officers carry out a “consensual encounter” with a member of the public, unless they have reasonable suspicion that someone is breaking the law, they are not permitted to detain the person for any longer than necessary...more

Drone on Drones: The (Dated) Law of the Skies

In the 1980s, the Supreme Court issued two decisions that remain the prevailing authority on law enforcement’s practice of warrantless, aerial surveillance. In California v. Ciraolo, the Court held that a police officer...more

The Road to True Threats is Paved with Intimidating Intentions

Recently, the Tenth Circuit Court of Appeals considered the dividing line between free speech guarantees and the state’s authority to criminalize threat speech. In United States v. Heineman, the court held that the government...more

Can the Police Look at My Cell Phone Without a Warrant? #CriminalDefenseAttorney

For the past century, the United States Supreme Court has given the police the right to search (without a warrant) a person who has been legally arrested. See Weeks v. United States, 232 U.S. 383, 392 (1914). Unfortunately,...more

Law Enforcement Must Preserve Police Camera Video Known to be "Potentially Useful" to the Defense

Court faults officers for failing to preserve video footage and orders charges dismissed - Overview: The Court of Appeal held in a published case that officers violated a defendant’s due process rights by failing to...more

Appellate Court Rules that Recent Decisions Requiring Search Warrant for Forced Blood Draw or to Search Cell Phones Do Not Apply...

Courts hold that officers may rely on law in effect at the time they conduct a search - Overview: The California Court of Appeal recently held, in two separate rulings, that the recent holdings requiring law...more

A Moment of Simple Justice - Cameras on Cops  [Video]

Sept. 3, 2014 (Mimesis Law) -- Scott is all for putting personal cameras on police officers will help curb abuse, but expectations, he says, should be tempered....more

Drone on Drones: Government Regulation of Drones in Law Enforcement

While a controversial proposed state bill that would restrict law enforcement agencies’ use of drones is drawing criticism, the federal government is also tackling ways to regulate the use of this new technology. These...more

Collateral Damage: Criminal Convictions and the Lasting Consequences

Prosecutors and often even judges do not appreciate the collateral consequences of a criminal conviction, regardless of whether it results from a trial or a plea agreement. While the direct consequences of conviction are...more

The Police Have The Right To Remain Silent Too: The Supreme Court Rules On The Disclosure Of Police Reports Under The FOIA

The Connecticut Supreme Court has resolved an intense debate about what law enforcement agencies are required to release with regard to arrest records and associated reports. This decision could affect the ability of school...more

A Moment of Simple Justice - Ferguson [Video]

August 26, 2014 (Mimesis Law) -- Scott talks about how the police response to the Mike Brown protests in Ferguson, Missouri spells big trouble for the rest of America....more

Court protects privacy in ruling on warrantless searches of cellphones

Every now and then The Nine agree on something. Among the unanimous rulings the U.S. Supreme Court issued in the final stretch this year was Riley v. California, which held that law enforcement officials may not make a...more

The risk of self-incrimination in cross-border disputes: The Mutual Legal Assistance in Criminal Matters Act (527)

In Attorney General of Manitoba et al. v. Clark, 2013 MBQB 249 (“Clark”), the Crown sought to enforce an evidence gathering order under the Mutual Legal Assistance in Criminal Matters Act (the “Act”). The order required...more

R. v. Graham: Ontario Court of Appeal Explains Protocol for Appeal Alleging Ineffective Assistance of Counsel

In its July 29, 2014 decision in R. v. Graham, the Ontario Court of Appeal (Cronk, Watt and van Rensburg JJ.A.) comprehensively considered how to approach a criminal appeal alleging ineffective assistance of trial counsel. In...more

Status Updates - August 2014 #6

..Ahead of the law? In Hidalgo County, Texas, a former sheriff has been sued civilly over allegedly illegal campaign contributions. (He was also criminally convicted of money laundering.) At a civil deposition in the case, a...more

A Moment of Simple Justice - Revenge Porn  [Video]

August 18, 2014 (Mimesis Law) -- As revenge porn laws crop up across the United States, Scott talks about some of the unintended consequences that can result from criminalizing such a broad swath of online activity....more

Current trends in the risk of self-incrimination in cross-border disputes

Cases such as Treat Canada Ltd. v. Leonidas, and Catalyst Fund General Partner I Inc. v. Hollinger Inc. show Canadian courts tend to avoid addressing the risk of self-incrimination in cross-border disputes head on in favour...more

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