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Posts tagged "Criminal Defense"

Justice Department considers limiting repeat corporate punishment

"Repeated punishment for the same conduct has the potential to undermine the spirit of fair play and the rule of law," said Deputy Attorney General Rod Rosenstein, the No. 2 official at the Justice Department. "This is why the department is committed to making a concerted effort to apportion penalties among both international and domestic agencies, where appropriate."

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.

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.

Should the USCIS be able to search your devices without a warrant?

Criminal defense attorneys and civil rights activists have raised the alarm at the increasing number of electronic devices being searched at our borders and at international airports. In April, the U.S. Citizenship and Immigration Services reported that it searched 19,000 devices in fiscal year 2016 -- a shocking increase over the 8,500 it searched in 2015. In the first half of 2017 the agency had already searched nearly 15,000.

AG Sessions tells gathering that violent crime rate is surging

Speaking before a law enforcement conference in Alabama recently, Attorney General Jeff Sessions reported that "violent crime is back with a vengeance." He reported that the nationwide murder rate increased in 2015 by nearly 11 percent, which would represent the fastest increase since 1968. "Per capita homicide rates are up in 27 of our 35 largest cities," he said.

Did a personal rights violation occur during your arrest?

Let's say you were driving home after an evening at your favorite restaurant with friends. You immediately notice a glare when red and blue lights begin flashing in your rear view mirror. The pit in your stomach announces your state of nervousness as you realize a police officer is pulling you over. Whether it's your first experience in a traffic stop or you've been through the process before, it's typically a highly stressful situation for any motorist.

Appeals court: Home search for cellphone is too broad for warrant

An influential federal appeals court has ruled that a judge erred when granting a search warrant for a cellphone. That search warrant granted police the authority to search a man's residence for any cellphones or electronic devices he might own, and the court said the warrant was unconstitutionally vague.

9th Circuit: Cops can't initiate glove box search for registration

When are police officers allowed to search your glove box after a traffic stop or an accident? At its base, it's a civil rights issue. The Fourth Amendment of the United States Constitution prohibits "unreasonable searches and seizures" by government agents such as police.

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