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Category: Federal Criminal Law
911, “Anonymous Tip” Not Enough To Give Police Reasonable Suspicion for Stop
Police rely heavily on anonymous tips to solve crimes. But anonymous tips can be highly inaccurate and misleading because they are motivated by a wide range of intentions—civic…
Category: Federal Criminal Law
Inmates released on parole by state parole authorities must sign “conditions of release” forms. One of the specified conditions is that the parolee consents to having his residence and any property under his control searched without a warrant. The consent…
Category: Federal Criminal Law
The American Civil Liberties Union last fall released a comprehensive report about life sentences that must be served without the benefit of parole. The report, titled “A Living Death: Life without Parole for Nonviolent Offenses (Report),” offers a disturbing view…
Category: Federal Criminal Law
The American Civil Liberties Union last fall released a comprehensive report about life sentences that must be served without the benefit of parole. The report, titled “A Living Death: Life without Parole for Nonviolent Offenses (Report),” offers a disturbing view…
Category: Federal Criminal Law
On February 26, 2014, the Texas Court of Criminal Appeals in State v. Granville addressed the issue of whether a person retains a legitimate expectation of privacy in the contents of his cell phone when the phone is being temporarily…
Category: Federal Criminal Law
Judges are ruled by the law. But judges are also human (some more than others), and they sometimes view the law through the human lens. This occurred in Fernandez v. California, a “consent to search” case decided by the Supreme…
Category: Federal Criminal Law
In 2012, the U.S. Supreme Court in United States v. Jones held that attaching a magnetic GPA tracking device to the exterior of a vehicle constituted a “search” within the meaning of the Fourth Amendment.
So what to do…
Category: Drug Crime | Federal Criminal Law
18 U.S.C. § 924(c) is a federal criminal statute which prohibits either the use or carrying of a firearm “during and in relation to any crime of violence or drug trafficking crime.”
Firearms are often seen as a necessary…
Category: Federal Criminal Law | Sex Crimes
The Texas Court of Criminal Appeals (TexCrimApp) this past October upset district attorneys and “tough on crime” legislators throughout the state when it declared a key provision of the state’s “Online Solicitation of a Minor” statute unconstitutional. Texas Penal Code…
Category: Federal Criminal Law | Sex Crimes
On January 6, 2014, the First Circuit Court of Appeals in United States v. Breton narrowed the scope of the marital communications privilege.
The Federal case against Royce Breton, a Sanford , Maine resident, began in April 2010. Several…
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