Category Archives: Criminal law

Supreme Court Weakens 4th Amendment Traffic Stop Requirements

By admin | Published: April 22, 2014

The U.S. Supreme Court today upheld a defendant’s conviction for possession with intent to deliver a substantial quantity of marijuana. At the heart of the case is whether the police lacked the probable cause necessary to conduct a traffic stop. During the traffic stop, the California Highway Patrol officers noted a strong odor of marijuana […]

Also posted in Constitutional Law, Fourth Amendment, Supreme Court Decisions | Tagged , , , , | Leave a comment

What is a Violation of the Third Amendment?

By admin | Published: July 6, 2013

In an interesting case discussed by the Daily Caller, a family from Henderson, Nevada is suing the local police for violating their Third Amendment protections and right to privacy. By way of review, since the subject is so ubiquitous in today’s plethora of Constitutional litigation, the Third Amendment provides that “No Soldier shall, in time […]

Also posted in Constitutional Law, Current Events, Fourth Amendment, Third Amendment | Tagged , , , , , , | Leave a comment

Always Make Sure to Comply With A Judge’s Order

By admin | Published: April 28, 2012

The prosecution in the Jerry Sandusky criminal case has accused the defense of failing to comply with the Judge’s order relating to subpoenas. The Judge designed his order to keep the identities of Mr. Sandusky’s victims confidential, and the prosecution alleges that the defense is using the subpoenas to get around the gag order, revealing […]

Also posted in Current Events, Legal Strategy, Legal Writing, Trial Courts | Leave a comment

Are Dog “Sniff Tests” of Homes Searches?

By admin | Published: January 9, 2012

The State of Florida recently filed a Petition for Writ of Certiorari with the United States Supreme Court in the case of Jardines v. State of Florida. The Writ comes after the Florida Supreme Court determined that a search of Mr. Jardines’ residences predicated on a “positive” hit from a narcotics dog violated the United […]

Also posted in Constitutional Law, Fourth Amendment | Leave a comment

Double Trouble

By admin | Published: December 29, 2011

Interesting story out of Kansas City. An attorney had her client’s identical twin “stand in” for the client at a preliminary hearing. When asked to explain her decision, she replied, “this honorable court asked for Mr. White, and that is who’s at the table.” While I would not have advised such a move, it does […]

Also posted in Legal Strategy | Tagged | Leave a comment