Over at the Volokh Conspiracy, Orin Kerr has some harsh wordsfor the California Supreme Court’s reasoning in People v. Brendlin, the June 2006 decision in which it said that the passenger of a car stopped by police is not “seized” for Fourth Amendment purposes. Kerr calls Brendlin “one of the nuttiest Fourth Amendment decisions I […]
READ MORESavannah Attorney Arrested on Counterfeiting Charges
Savannah attorney, Arthur Gibson, 63, was arrested last week on counterfeiting charges after an investigation that lasted several months. During the course of the investigation, as detailed in this complaint and affidavit, Gibson purchased $10,000 of counterfeit currency for $2,000. As detailed in the affidavit, Gibson came to the attention of the U.S. Secret Service following his […]
READ MOREWhitey Bulger’s Girlfriend to Plead Guilty
Whitey Bulger’s longtime girlfriend, Catherine Greig, is set to enter a guilty plea today in federal court in Boston to multiple counts relating to her 16 years on the run with the notorious Boston gangster. The Bulger case has fascinated us for almost 2 decades after his flight to avoid prosecution just before his indictment in […]
READ MOREThe Private Drug War and the Tattered Fourth Amendment
Pete at Drug WarRant had an troubling post this weekend about a couple ways that private companies have beenstepping in to the police’s shoes in carrying out drug policing. Pete wrote about a private, “voluntary” drug and alcohol screening stations for motorists (see examples here and here), and also about the use of Blackwater to […]
READ MORECA Supremes Grant Review in Warrant Affidavit Case People v. Galland
The California Supreme Court on Wednesday (4/18/07) granted review in People v. Galland, the Fourth District Court of Appeal case whose language was so sharp that it drew coverage from the LA Times. Galland deals with a pet obsession of mine: sealed search warrant affidavits. In general, under California law, the prosecution can seal part […]
READ MOREDeath Penalty Faces Biggest Test in Decades
Death penalty in the US is currently facing one of its biggest tests in decades. While capital punishment is legal in 36 nations including China, Japan and the US and it is legal in the 32 American states, three death row inmates in Oklahoma are now challenging new experimental drugs that are used in lethal […]
READ MORECA 4th District on Warantless Search of Probationer
A police officer can not use a probationer’s search condition to retroactively justify a warrantless detention that begins before the officer learns of the condition, the CA Fourth District Court of Appeal held 1/4/07 in People v. Miller, G033762. The officer in Miller stopped a car purely because of the car was in a dark […]
READ MORECA 1st on Detention By Spotlight, Officer Tone
A police officer who stopped his car about 35 feet away from a man, shined his spotlight directly at the man, and then began to walk briskly toward him while questioning him about his legal status, did in fact “detain” the man by taking these actions, implicating the Fourth Amendment’s protection against unreasonable searches and […]
READ MOREThree Strikes: A Mistake That Led to Mass Incarceration
In 1994, President Bill Clinton signed an omnibus crime bill into law. The bill included a “three strikes” provision at the federal level, which imposed a mandatory life sentence for a criminal convicted of a violent felony after having two prior convictions. These two prior convictions could be for a huge variety of different crimes, […]
READ MOREOpenings in Two High Profile Criminal Trials: Clemens & Edwards
In former Senator John Edwards’ trial, opening statements have concluded and Edwards’ former staffer, Andrew Young, is currently on the stand, according to the Greensboro, North Carolina, News & Record. Assistant United States Attorney David Harbach emphasized Edwards’ deception and manipulation of those around him in order to preserve his chance to become President. The […]
READ MORE
