Probation term allowed search of girlfriend’s purse 
Published: May 16, 2013
Tags: Fourth Amendment, probation, search and seizure
Police conducting a probation search of an apartment could examine the contents of a purse belonging to the probationer’s girlfriend, the California Court of Appeal has ruled in affirming a drug conviction.
Hearsay rule didn’t bar admission of cellphone records
Published: May 15, 2013
Tags: business records exception, cellphone records, evidence, hearsay
A call spreadsheet evidencing a robbery defendant’s cellphone communications was admissible at trial under the business records exception to the hearsay rule, the California Court of Appeal has ruled in affirming a conviction.
Juvenile’s parole restrictions not ‘cruel and unusual’
Published: May 14, 2013
Tags: cruel and unusual punishment, Eighth Amendment, juvenile sentencing, parole
The Eighth Amendment’s prohibition of cruel and unusual punishment did not require the deletion of parole restrictions on consecutive sentences that cumulatively exceeded a juvenile defendant’s life expectancy, the Louisiana Supreme Court has ruled in reversing judgment.
Court-appointed psychotherapist needn’t report child abuse
Published: May 13, 2013
Tags: child abuse reporting, juveniles, psychotherapist-patient privilege
A psychotherapist sought by the defense in a juvenile proceeding was not required to comply with a state law requiring the reporting of child abuse to authorities, the California Court Appeal has ruled in reversing judgment.
Government’s destruction of evidence warranted jury instruction
Published: May 9, 2013
Tags: bad faith, destruction of evidence, due process, jury instructions
A drug defendant was not required to show bad faith in order to be entitled to an adverse-inference jury instruction as a remedy for the government’s destruction of evidence, the 9th U.S. Circuit Court of Appeals has ruled in granting a new trial.
Benchmarks: YouTube video sinks defense in child murder case
By:
Pat Murphy
Published: May 8, 2013
Tags: child abuse, murder, video evidence, YouTube
A Delaware man accused of murdering his infant daughter wanted jurors to believe that he was absolutely devastated by what he claimed was a tragic accident.
Unfortunately, the “grieving” father made the mistake of posting a video on YouTube showing him yukking it up as a participant in a silly radio contest.
Police needed warrant to search arrestee’s cellphone
Published: May 6, 2013
Tags: cellphone, Fourth Amendment, search and seizure, warrantless search
Police were required to obtain a search warrant before examining the contents of an arrestee’s cellphone, the Florida Supreme Court has ruled in reversing a robbery conviction.
Student’s confession must be suppressed
Published: May 2, 2013
Tags: Fifth Amendment, Miranda warnings, schools, student discipline
A high school student suspected of criminal activity was entitled to Miranda warnings before being questioned by an assistant principal in the presence of a law enforcement officer, the Kentucky Supreme Court has ruled in reversing a drug conviction.
Warrantless blood test ruling gives defense bar new ammo
By:
Kimberly Atkins
Published: May 1, 2013
Tags: blood alcohol content, Fourth Amendment, U.S. Supreme Court, warrantless search
WASHINGTON – The effect of the recent U.S. Supreme Court ruling rejecting a per se rule allowing warrantless blood testing in suspected drunken driving cases will be felt far beyond DUI cases, defense attorneys said.
Hidden camera could be used to convict sexual predator
Published: April 30, 2013
Tags: child sex abuse, hidden cameras, Omnibus Crime Control and Safe Streets Act, search and seizure, Wiretap Act, wiretapping
The federal wiretap state did not bar the introduction of audio video recordings that a relative secretly made of a sex abuse defendant’s behavior with his disabled granddaughter, Massachusetts’ highest court has ruled in affirming the denial of a motion to suppress.
