Lawyers USA Online » Criminal Law

Lawyers, lawmakers ponder limits of GPS tracking ruling

Kimberly Atkins — Tue, 22 May 2012 18:31:26 +0000

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
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Benchmarks: 11th Circuit upholds identity theft conviction

Pat Murphy — Tue, 22 May 2012 14:17:09 +0000

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.

Graciela
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Confession shouldn’t have been suppressed

Pat Murphy — Mon, 21 May 2012 16:46:31 +0000

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.

Police executed a search warrant for firearms at an apartment that was occupied by the defendant and three other individuals. When
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Benchmarks: Should court have suppressed penile swab?

Pat Murphy — Mon, 21 May 2012 13:43:09 +0000

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
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Murdered child’s statements admissible

Pat Murphy — Thu, 17 May 2012 15:39:40 +0000

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.

The defendant was charged with the second-degree murder of his eight-year-old stepson. According to the
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Satellite monitoring violated sex offender’s rights

Pat Murphy — Tue, 15 May 2012 16:08:11 +0000

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.

The defendant was convicted of committing a lewd act on
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State expert could testify on delayed DUI test

Pat Murphy — Mon, 14 May 2012 16:48:36 +0000

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.

The defendant was stopped and arrested for drunk driving.
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Illinois ban on recording police unenforceable

Pat Murphy — Thu, 10 May 2012 14:59:39 +0000

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.

The Illinois eavesdropping statute makes it a felony to audio record any part of
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Protective sweep in domestic call was constitutional

Pat Murphy — Mon, 07 May 2012 17:14:33 +0000

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.

The defendant’s girlfriend
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Lawyers await ‘Padilla’ retroactivity ruling

Kimberly Atkins — Sat, 05 May 2012 13:32:03 +0000

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
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