Intoxilyzer certificates admissible without testimony 
Published: May 3, 2012
Tags: Confrontation Clause, Crawford v. Washington, drunk driving
A drunk driving defendant’s Confrontation Clause rights were not violated by the admission of Intoxilyzer 5000 certificates without the testimony of the technician who prepared them, the Idaho Court of Appeals has ruled in affirming a conviction.
Officer isn’t immune for wrongful arrest
Published: May 2, 2012
Tags: Fourth Amendment, immunity, §1983
A police officer was not immune from liability when sued for making an arrest without probable cause, the 4th Circuit has ruled in affirming judgment.
Police officers’ use of baton launcher excessive
Published: May 1, 2012
Tags: civil rights, Excessive Force, §1983
Police used excessive force when they fired a baton launcher four times in order to arrest a nonviolent drunk driver who was mistakenly suspected of being a car thief, the 7th Circuit has ruled in reversing a defense verdict.
Warrantless search of hotel room unlawful
Published: May 1, 2012
Tags: Fourth Amendment, search and seizure
Exigent circumstances did not justify police conducting a warrantless search of the hotel room of a suspected drug courier, the 8th Circuit has ruled in reversing a conviction.
Justices to decide whether ‘Padilla’ duty is retroactive
Published: April 30, 2012
Tags: collateral consequences, Criminal Law, immigration, ineffective assistance of counsel, Padilla v. Kentucky, Sixth Amendment, Supreme Court
The U.S. Supreme Court has agreed to decide whether its 2010 ruling in Padilla v. Kentucky, holding that the Sixth Amendment requires criminal defense attorneys to warn non-citizen clients if a guilty plea carries a risk of deportation, applies retroactively.
Confession not tainted by promising suspect he could go home
Published: April 30, 2012
Tags: confession, Miranda
Telling a suspect that he would be able to return home after questioning regardless of what he said did not render his confession inadmissible at trial, the Georgia Supreme Court has ruled in affirming the Court of Appeals.
Collecting DNA from arrestee unconstitutional
Published: April 26, 2012
Tags: DNA, Fourth Amendment, search and seizure
Collecting a DNA sample from a man who was arrested for assault but not yet convicted violated the Fourth Amendment, Maryland’s highest court has ruled.
Schumer: Congress will act if Supremes uphold Ariz. immigration law
Published: April 26, 2012
Tags: Arizona, Chamber of Commerce v. Whiting, Chuck Schumer, Congress, immigration, SB 1070, Supreme Court
WASHINGTON – Sen. Charles E. Schumer, D-N.Y., has promised a swift legislative response if the U.S. Supreme Court upholds a controversial Arizona state law that requires police to check the immigration status of anyone detained and suspected of being in the country illegally and criminalizes the failure to adhere to registration laws.
Study: Jury pool racial makeup has effect on convictions
Published: April 25, 2012
Tags: juries, jurors, juyr pools
A study has revealed that the racial makeup of the pool from which juries are selected influences conviction rates – and that having even one African-American member in the pool from which a jury is drawn nearly eliminates the difference.
Supreme Court tackles Arizona immigration law
By:
Kimberly Atkins
Published: April 25, 2012
Tags: Arizona, immigration law, Obama administration, preemption, SB 1070, Supreme Court
WASHINGTON – The last oral argument of the U.S. Supreme Court’s term was an explosive one, as the justices considered whether SB 1070, the controversial Arizona immigration statute, is preempted by federal law.
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