News
[07/02]
Man sells stolen items near home that was robbed
[07/02]
Arkansas thieves take bank ATM - but not its cash
[06/25]
Police: LI bank robbery suspect tried to hail cab
[06/25]
Man leaves Ga. jail naked, gets arrested again
[06/23]
God accused of selling cocaine near Tampa church
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Articles
Understanding Search and Seizure Law
The Fourth Amendment to the U.S. Constitution places limits on the power of the police to make arrests, search people and their property, and seize objects and contraband (such as illegal drugs or weapons). These limits are the bedrock of search and seizure law. This article covers the basic issues that you should know, beginning with an overview of the Fourth Amendment itself.
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How drunk or high does someone have to be before he can be convicted of driving under the influence?
In most states, it's illegal to drive a car while "impaired" by the effects of alcohol or drugs (including prescription drugs). This means that there must be enough alcohol or drugs in the driver's body to prevent him from thinking clearly or driving safely. Many people reach this level well before they'd be considered "drunk" or "stoned."
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Case Summaries
[07/08]
US v. Ray
Revocation of defendant's supervised release based on a claim that defendant was arrested and charged in state court with robbery is affirmed over claims of error regarding the admissibility of a probation officer's hearsay testimony regarding the alleged robbery as being a violation of his Sixth Amendment right to confrontation.
[07/08]
US v. Perry
A conviction for possession of a firearm and ammunition by a prohibited person is affirmed over claims of error regarding the court's denial of defendant's motion to suppress based on a search warrant's alleged lack of probable cause.
[07/08]
US v. Comstock
A conviction and sentence for being a felon, and drug user, in possession of firearms and ammunition is affirmed over claims of error regarding: 1) denial of defendant's motion to suppress evidence gathered during a warrantless protective sweep of his home and after defendant gave written consent; and 2) the court's application of an Armed Career Criminal Act (ACCA) sentencing enhancement.
[07/08]
US v. Bolivar
Convictions for distributing a small quantity of cocaine and conspiring to sell a large amount are affirmed over claims of error regarding: 1) the sufficiency of the evidence; 2) a variance between the crimes charged and the crime proved at trial; 3) introduction of a recording without identifying the person in the recording; 4) a failure to make a threshold determination of conspiracy in evaluating whether to admit statements under the co-conspirator exception; and 5) the admissibility of post-arrest statements to police that showed his knowledge of drugs arriving from Mexico.
[07/08]
Davis v. Grant
Dismissal of a habeas petition is affirmed where a state court's holding, which found that pro se petitioner was not deprived of his Sixth Amendment rights when he was removed from the courtroom for disruptive conduct with no standby counsel appointed to represent him in his absence, was not "contrary to, or ... an unreasonable application of, clearly established" Supreme Court precedent.
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