Categories
Criminal Law Litigation

Cohen Search Warrant is Nothing New

The President is screaming that the search warrant executed on the offices Michael Cohen, his longtime attorney, is an attack on our country and a violation of the attorney-client privilege. First of all, 9-11 was an attack on our country; this search is just one step in a long criminal investigation. But Presidential histrionics aside, […]

Categories
Constitutional Law

Nunes Memo Makes Some Folks Finally Aware of Fourth Amendment

There’s an old saying – “A liberal is a conservative who’s been arrested.” The truth of that saying was made evident with all the hoopla surrounding the release of Devin Nunes’ memo on how the FBI purportedly is Anti-Trump. So first, some background and an outline of how we got here is in order: What […]

Categories
Constitutional Law Criminal Law

Latest Warrant Decision by SCOTUS Ignores Reality

The Supreme Court ruled on Monday that evidence found by police officers after illegal stops may be used in court if the officers conducted their searches after learning that the defendants had outstanding arrest warrants. Justice Clarence Thomas, writing for the majority in the 5-to-3 decision, said such searches do not violate the Fourth Amendment […]

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Constitutional Law Criminal Law

SCOTUS Reduces Jay-Z’s Problems to 98 With Decision on Dog-Sniffing Case

It was a busy term for the Supreme Court of the United States with decisions on Obamacare and gay marriage catching all of the attention. But reading the summary of the term this morning I was surprised to see I had missed a case that dealt the right of police officers to extend a traffic […]

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Constitutional Law Criminal Law Litigation

NY Appellate Court: Police Had No Right To Arrest Person Who Fled

In marking a clear difference between what’s enough to stop a suspect and what’s enough to justify an arrest, the Fourth Department, the State appellate court covering Upstate NY, overturned a conviction based on the guilty plea of one Belton Lee. People v. Belton Lee 2013 WL 5496151 (4th Dep’t 2013). Two Canandaigua police officers […]

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Constitutional Law Criminal Law Litigation

Plain Statistics and Common Sense Doomed “Stop and Frisk”

In a landmark decision issued this morning, Southern District of New York Judge Shira Scheindlin struck down as “unconstitutional as applied” the NYPD’s “Stop and Frisk” policy. The decision is the culmination of a nearly four month non-jury trial before Judge Scheindlin in which both sides relied upon statistics and anecdotal evidence to try and […]

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Constitutional Law Criminal Law Intellectual Property Litigation

Government Needs Only Subpoena Not Warrant To Get Twitter Feeds

Just this morning, a client asked me a question: Can his potential adversary use deleted, private Facebook messages between them as evidence in the breach of contract case he was thinking about bringing in court? (Of course if the adversary had not also deleted them, he could just introduce them that way, but the client […]

Categories
Constitutional Law Litigation

Supreme Court Rules Police Attachment of GPS to Car Requires Warrant

Today the Supreme Court in United States v. Jones decided that the District of Columbia’s Police Department’s attachment of GPS device to a suspected drug dealer’s car without a proper warrant violated the Fourth Amendment’s prohibition against unreasonable search and seizures. In overturning the conviction of Antoine Jones, who had received a life sentence for […]

Categories
General

Supreme Court Does Not Settle Issue Over Privacy of Work Emails and Texts

We all do it.  We send personal messages via text and email from our work computers, cell phones, blackberries, etc.  Like the “personal phone call”  employers usually don’t mind except when the privilege gets abused.  But unlike the personal phone call, the email or text does not go away.  It stays forever lodged on your […]