Category Archives: Federal Criminal Law

GPS Tracking Devices and the Good Faith Exception to Exclusionary Rule

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…

Supreme Court Addresses Use of Firearms in Drug Trafficking

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…

Texas’ Statute Criminalizing Sexually Explicit Online Communications with Minors Declared Unconstitutional, Cases Dismissed

The Texas Court of Criminal Appeals (TexCrimApp) this past October upset district attorneys and “tough on crime” legislators throughout the state when it declared…

Court Narrows Marital Communication Privilege in Illegal Porn Case

On January 6, 2014, the First Circuit Court of Appeals in United States v. Breton narrowed the scope of the marital communications privilege. The…

Treme Ends But The Danziger Bridge Shooting Case Remains

On December 29, 2013, the final episode of the critically acclaimed drama series, Treme, aired on HBO. Created by David Simon and Eric Overmeyer, the…

Limits On Consent To Search A Cell Phone

Border patrol agents, either through experience or training, develop expert, almost magical, observation skills about vehicle behavior that can create a reasonable suspicion of…

No Expectation of Privacy in Historical Cell Site Data, Cell Phone Location Information

With the Edward Snowden leaks, revelations that the National Security Agency (NSA) covertly monitors the email and cell phone use of virtually every person…

Federal Mandatory Minimums Aren’t Just for Drug Cases

Most of the time mandatory minimums are discussed in the context of federal cases, the discussion involves drugs.  Over the past few years, Congress…

Illegal Reentry: Found in the USA

Walter Yovany Vasquez Macias  (“Vasquez”) is a citizen of Honduras. He has a long and convoluted immigration history in the United States. Sometimes during…

TED NUGENT: GUNS, SUBSTANCE ABUSE, AND MENTAL ILLNESS

Ted Nugent’s recent racially inflammatory “subhuman mongrel” comment directed at the President of the United States has triggered a national debate about whether individuals…

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