Law School Toolbox Podcast Episode 325: Listen and Learn -- The Fourth Amendment: Informer Tips
Bar Exam Toolbox Podcast Episode 156: Listen and Learn -- The Fourth Amendment: Informer Tips
Bar Exam Toolbox Podcast Episode 70: Tackling a California Bar Exam Essay: Criminal Law and Procedure
E17: Carpenter Decision Builds Up Privacy from #SCOTUS
With Probable Cause and Drug-Sniffing Dogs, Supreme Court Would Rather Keep Things Fluid
A recent opinion out of the North Carolina Court of Appeals is causing comment in the criminal bar. In In The Matter Of J.B.P, (No. COA23-269), a juvenile petition was filed against the juvenile, alleging possession of...more
With a significant mass of cases left to decide and only a few weeks to issue the opinions, the U.S. Supreme Court has reduced the backlog by four yesterday. None of them, however, resolves the future of Chevron deference or...more
The Supreme Court of the United States issued four decisions today: Moore v. United States, No. 22-800: This case concerns the constitutionality of the Mandatory Repatriation Tax (“MRT”) included in the 2017 Tax Cuts and...more
On June 14, 2024, the Sixth DCA limited an officer’s authority to conduct DUI investigations that extend into other jurisdictions, and in doing so, has created a conflict with existing Florida law. In State v. Repple, the...more
State authorities recently found that a school district’s policy prohibiting employees from working paid extracurricular positions while on parental leave could violate state discrimination and family leave laws – and you may...more
The California Occupational Safety and Health Appeals Board (OSHAB) recently issued two decisions of interest to employers in California. In In re Calvary Chapel of San Jose, the Board examined issues concerning an inspection...more
On October 13, 2023, the Supreme Court of the United States granted certiorari in 4 cases: Relentless, Inc. v. Department of Commerce, 22-1219: This is the second case that the Court has agreed to hear this term...more
The April 18, 2022 Trending Law Blog post discussed how, in Facebook, Inc. v. State of New Jersey, the New Jersey Appellate Division held that a communications data warrant, rather than a wiretap order, was required for law...more
The efforts to have Judge Pauline Newman, Circuit Judge on the Court of Appeals for the Federal Circuit, unfit or guilty of misconduct have been the subject of reporting in the patent blogosphere (Patently-O, IP Watchdog),...more
No contest clauses generally are not enforceable against beneficiaries of California trusts when there is “probable cause” to challenge the trust instrument. Yet the probable cause safe harbor may disappear if the contest...more
Louisiana insurers who provide uninsured/underinsured motorist coverage are often asked for a “McDill tender” by a claimant, and it’s important for the insurer to know its obligations when responding to such a request....more
On May 20, 2019, at approximately 4:52 p.m., a man walked into the Call Federal Credit Union outside Richmond, Virginia, pointed a firearm at the tellers, and threatened to kill them and their families unless he was given at...more
Welcome back to the Law School Toolbox podcast! Today we're focusing on Criminal Procedure, specifically the Fourth Amendment to the Constitution and the limits it imposes on police actions based on tips from anonymous...more
Welcome back to the Bar Exam Toolbox podcast! Today we're focusing on Criminal Procedure, specifically the Fourth Amendment to the Constitution and the limits it imposes on police actions based on tips from anonymous...more
Pending before the Florida Supreme Court is a new rule of discipline which will substantively and procedurally change the way complaints by judges (“judicial referrals”) against attorneys are handled. On May 3, 2021, The...more
Law enforcement critics have launched concerted attacks on the doctrine of qualified immunity in an effort to mischaracterize the doctrine as allowing police officers to escape liability for clearly unconstitutional conduct. ...more
A developer established a probability of prevailing on its claims for malicious prosecution where the evidence showed that the neighboring owner lacked probable cause for pursuing CEQA litigation and acted with malice....more
A Rhode Island Superior Court judge recently cited the trend of decriminalizing and legalizing marijuana in granting a motion to suppress evidence that was obtained during a 2019 search of a vehicle after a traffic stop....more
In a case of first impression, the United States Court of Appeals for the Fifth Circuit has greatly strengthened the NTSB’s ability to avoid disclosing communications between the NTSB and parties to an accident...more
A United States District Court (D.C. Conn.)(“Court”) addressed in a June 11th ruling a number of issues arising in a Clean Water Act 404 enforcement action. See United States of America v. Jeffrey Andrews, et al., 2021 WL...more
In Jan Dunning et al. v. Kevin K. Johnson, APLC et al., the Fourth District Court of Appeal held that a developer and property owner could pursue its claims against a neighbor and project opponent for malicious prosecution...more
The Second Circuit has recently held that the Government must account for rental income it denied a property owner during a period of illegal seizure even though the Government was able to establish probable cause at a...more
Trump v. Sierra Club, No. 20-138: This case concerns the Acting Secretary of Defense’s transfer of funds pursuant to Section 8005 of the Defense Appropriations Act to make funds available to construct border fences along the...more
In Neftali Monzon v. City of Murrieta et al. (No. 19-55164, filed July 22/2020), Plaintiffs Neftali Monzon and Marylou Monzon sued the City of Murrieta and five individually named police officers (collectively “Defendants”)...more
A lot of mistakes can be fixed, but those depriving an appellate court of jurisdiction are not usually among them. Unless the appellate court deems the appeal to raise issues of great importance and to present a compelling...more