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 MOREJudges Allows Entertainment Videos to be Used as Evidence in Trial
A federal racketeering case is currently proceeding in Brooklyn against an alleged drug gang and the U.S. District Attorney prosecuting the case asked the judge to admit mafia tattoos into evidence, as well as to admit YouTube music videos that were made by the alleged gang leader. The Brooklyn judge ruled that the videos were […]
READ MOREUSA Today Op-Ed Warns That Everyone is a Criminal
In the American justice system, the rule has long been that ignorance of the law is no excuse. If you are charged with a crime, claiming you didn’t know your actions were illegal is generally no defense. While this rule may have worked a century or two ago, however, some believe the principle no longer […]
READ MOREThe Admissibility of Statements Involving Criminal Defendants
If you are under investigation by the police, it is important to remember the words of the Miranda Warning: anything you say can and will be used against you. This warning is intended to serve as a reminder that any statements you make during police questioning can be admissible in court. For many criminal defendants, […]
READ MORESharks, Remoras and Arizona v. Johnson: Supreme Court Further Cuts Fourth Amendment Protections in Case With Implications for Drug and Gang Policing
It is reasonable for an officer to “pat frisk” a person in the context of a traffic stop if the officer believes that person is “armed and dangerous,” the United States Supreme Court held today in Arizona v. Johnson. This might seem to be a pretty common sense opinion. Surely, if we care about the […]
READ MORENorthwest Georgia Banks and Credit Unions Hit By Debit Card Fraud
Federal investigators are investigating an outbreak of debit card fraud in Northwest Georgia, according to a story by WCR tv in Chattanooga. Customers of the Bank of LaFayette, Cohutta Banking Company, and Tennessee Valley Federal Credit Union in Chickamauga, LaFayette, Rossville and Trion in Northwest Georgia have reported having their accounts drained. Authorities believe that […]
READ MORE3 UBS Execs Convicted of Municipal Bond Bid Fraud
Three former Union Bank of Switzerland–UBS–executives were convicted on Friday in the U.S. District Court for the Southern District of New York, as reported by NASDAQ. Peter Ghavami, Gary Heinz and Michael Welty were found guilty of fraud relating to bids to invest the proceeds from municipal bonds and other municipal finance contracts between 2001 and 2006. […]
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