Lawyers, lawmakers ponder limits of GPS tracking ruling 
By:
Kimberly Atkins
Published: May 22, 2012
Tags: Congress, Criminal Law, electronic monitoring, GPS, Supreme Court, U.S. v. Jones
WASHINGTON – Months after the U.S. Supreme Court ruled that the police’s use of GPS tracking devices on suspects’ cars constitutes a search for Fourth Amendment purposes, law enforcement officials, defense lawyers and lawmakers are trying to define the limits of the ruling.
Benchmarks: 11th Circuit upholds identity theft conviction 
Published: May 22, 2012
Tags: identity theft
A Mexican woman stands convicted in the U.S. of aggravated identity theft, but contends there is a loophole in the federal statute that should allow her to get out of prison. Yesterday, the 11th Circuit dashed her hopes of freedom.
Confession shouldn’t have been suppressed 
Published: May 21, 2012
Tags: confession, Miranda, Missouri v. Seibert
A criminal defendant’s station house confession was not the product of an impermissible “two-stage” interrogation technique employed by police, the 2nd Circuit has ruled in reversing a suppression order.
Benchmarks: Should court have suppressed penile swab? 
Published: May 21, 2012
Tags: exigent circumstances, Fourth Amendment, penile swab, search and seizure
Does the potential loss or destruction of DNA evidence justify the warrantless collection of such evidence from a rape suspect’s private parts following his arrest?
A panel of California judges answered that question on Friday. If you were hoping for a straight yes or no answer, you’ll be disappointed.
Murdered child’s statements admissible 
Published: May 17, 2012
Tags: Confrontation Clause, Crawford v. Washington
A murder defendant’s Confrontation Clause rights were not violated by the admission at trial of statements that the child victim had made to a social worker, the 4th Circuit has ruled in affirming a conviction.
Satellite monitoring violated sex offender’s rights 
Published: May 15, 2012
Tags: due process, sex offender
A convicted sex offender’s due process rights were violated when she was subjected to lifetime satellite monitoring for a probation violation without a finding that she was likely to reoffend, the South Carolina Supreme Court has ruled in reversing judgment.
State expert could testify on delayed DUI test 
Published: May 14, 2012
Tags: drunk driving, expert testimony
The state should be permitted to offer expert testimony explaining retrograde extrapolation to establish that a DUI defendant’s blood alcohol content was over .08 at the time he was driving, the Oregon Supreme Court has ruled in reversing a pretrial order.
Illinois ban on recording police unenforceable 
Published: May 10, 2012
Tags: civil rights, First Amendment
Illinois prosecutors cannot enforce a state ban on individuals making nonconsensual audio recordings of police officers performing their duties because the statute probably violates the First Amendment, the 7th Circuit has ruled in reversing a dismissal.
Protective sweep in domestic call was constitutional 
Published: May 7, 2012
Tags: Fourth Amendment, search and seizure
Police responding to a domestic violence call didn’t violate the Fourth Amendment when they conducted a protective search of the suspect’s home after securing his arrest outside and accounting for the safety of all his potential victims, the 4th Circuit has ruled in reversing a suppression order.
Lawyers await ‘Padilla’ retroactivity ruling 
By:
Kimberly Atkins
Published: May 5, 2012
Tags: immigration, ineffective assistance of counsel, Padilla v. Kentucky, retroactivity, Sixth Amendment, Supreme Court
WASHINGTON – Two years after the U.S. Supreme Court’s landmark ruling that the Sixth Amendment requires criminal defense attorneys to warn non-citizen clients if a guilty plea carries a risk of deportation, the justices are poised to decide just how far back that constitutional protection extends.
NEW FREE WHITE PAPER: E-Discovery
This FREE e-report brought to you by Lawyers USA contains the latest tips for conducting thorough and successful electronic discovery for your trial in 2012. We’ve analyzed the latest court rulings and trends in e-discovery to help you and your clients avoid sanctions and win your case.
Click here to get your free White Paper today!