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Category: Federal Criminal Law
Generally the Forth Amendment allows brief investigative stops,Terry stops, only when there exists a particular and objective basis for suspecting criminal activity.
In 1990, in Alabama v. White, the U.S. Supreme Court discussed the weight an “anonymous tip” should…
Category: Federal Criminal Law | Sex Crimes
In recent years people who were victimized as children by child pornography have turned to the Violence Against Women Act of 1994 (“VAWA”), codified in 18 U.S.C. § 2259, to apply for and receive restitution from defendants convicted of possessing…
To be successful at crime often requires good sense and even better luck.
Puerto Rico resident Jose Luis Bobadilla-Pagan (“Bobadilla”) is undeniable evidence of this point. The First Circuit Court of Appeals in a March 28, 2014 decision upholding…
Category: Federal Criminal Law
The police can lie, deceive, manipulate and fabricate to obtain confessions from criminal suspects. And it’s legal for them to do so, as long as their interrogation techniques are not “coercive.” This caveat notwithstanding, it is shameful when the police…
Category: Federal Criminal Law
Khalil Kenyon Blackman learned a bitter lesson: crime pays, but not always for the criminal. With broad forfeiture statutes, and aggressive law enforcement policies, in place, the Government is now in the game.
In 2011, Blackman and a host…
Category: Federal Criminal Law
There’s a couple old sayings: First, “if it wasn’t for bad luck, wouldn’t have no luck at all;” and, second, “if it can go wrong, it will.” Well, it’s time to add a third, quite simple saying: “Bergman’s Luck.”
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Category: Drug Crime | Federal Criminal Law
The prestigious Cato Institute, with its National Police Misconduct Statistics and Report Project (NPMSRP), tracks police misconduct on a daily and annual basis. And there is a lot of misconduct to track. In the institute’s 2010 statistical report, which compiled…
Category: Federal Criminal Law
The People for the American Way has said the United States Court of Appeals for the District of Columbia is “dominated by right wing ideologues” who have the “last word” on more important laws of this nation than any other…
Category: Federal Criminal Law | Sex Crimes
The road of Hades is sometimes paved with good intentions. This is so with the case of Luis A. Montalvo-Cruz (“Cruz”) whose appeal to the First Circuit Court of Appeals was decided on March 17, 2014. Through a guilty plea,…
In 2013, there were 1,032,326 bankruptcies filed nationwide, a marked decreased from the number of such filings the previous three years: 2012—1,185,238; 2011—1,379,658; 2010—1,561,225. According to the American Bankruptcy Institute (ABI), this represented a 24 percent decrease in 2013, the…
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