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October 2017 Archives

Justice Department says it will limit ECPA gag orders

The U.S. Department of Justice announced recently that it will voluntarily limit its use of secrecy orders authorized by the Electronic Communications Privacy Act of 1986 (ECPA). These may be familiar, as the agency has frequently been using them after seeking emails from hosts like Microsoft and Google.

Can a wiretap order be effective outside its issuing jurisdiction?

If a federal judge in Kansas issues a wiretapping order to federal law enforcement, can they rely on that order when the target travels to another state? Or rather, if law enforcement neglects to get a new order from the new state, is the evidence admissible?

First conviction of DUI in Arizona? You're likely going to jail

Arizona is among several other states whose drunk driving laws include potentially severe penalties for conviction, even if it's the first time you've ever been charged with a crime. This state orders mandatory jail time for first offenders, all the more reason to try to avoid legal problems related to intoxicated driving at the start. Even if you make responsible choices where libations are concerned, it doesn't necessarily mean a police officer will never pull you over in a traffic stop and accuse you of drunk driving.

Study: Hiring a DUI lawyer could save you more than $4,000

Being arrested for DUI in Arizona is no joke. Being convicted for a first offense means 24 hours to 10 days behind bars, a base fine of $250, a license suspension for up to a year and a mandatory ignition interlock device, which you must have installed and maintain at your own cost. The penalties go up with each subsequent offense.

Arizona's methods for fighting drug-impaired driving

It's no secret how police determine if they will charge you with driving under the influence of alcohol. Such an arrest typically begins with an officer noticing something -- your eyes, your behavior or the odor of alcohol on your breath. What follows is a series of subjective tests the officer may initiate to confirm the suspicion that you have been drinking.

Is it fair to suspend licenses for nonpayment of court debts?

Is the practice of suspending defendants' driver's licenses for nonpayment of criminal justice debt unfair to those who can't afford to pay? Does it actually make it harder for courts to collect that debt?

Supreme Court to hear case involving automobile search exception

Search warrants are generally required when police officers search your property -- unless a specific exception applies. In 1925, the U.S. Supreme Court carved out a major exception to the search warrant requirement in a case called Carroll v. United States. It created the "automobile exception" or "motor vehicle exception," which essentially allows any motor vehicle to be searched without a warrant as long as the officer has probable cause to believe that evidence or contraband will be found in that vehicle.

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