LawyersUSA

Auto theft, tampering not ‘crimes of violence’

Auto theft and auto tampering are not “crimes of violence” under the Armed Career Criminal Act, the 8th Circuit has ruled in remanding a case for resentencing.

While the defendant's appeal was pending, the U.S. Supreme Court issued a decision that discussed what constitutes a "crime of violence" under the Act.

Using social networks to investigate your case

An increasing number of attorneys, both criminal and civil, are using information gleaned from social networking sites to undercut the testimony of opposing witnesses.

These sites can also be a huge boon for attorneys who are trying to locate a missing witness or heir.

Co-tenant’s consent to search is valid

A woman can consent to a search of her home even though her husband objected to the search before his arrest, the 7th Circuit has ruled.

The defendant moved to surpress evidence of illegal gun possession, saying his wife could not override his decision to deny policy the right to search the residence.

Traffic stop upheld under ‘collective knowledge’ doctrine

The “collective knowledge” doctrine supports a traffic stop by a state trooper at the request of the U.S. Drug Enforcement Agency, even when he did not know the details of the drug investigation, the 10th Circuit has ruled in denying a motion to suppress.

'Terry’ stop can be based on anonymous 911 call

A taxi driver’s anonymous 911 call describing a defendant’s crime and departure from the scene was sufficiently reliable to justify a Terry stop, the 3rd Circuit has ruled.

The defendant argued the cabbie’s tip was not sufficiently reliable to justify the stop, but the court disagreed.

Identity theft conviction must be overturned

A defendant couldn’t be convicted of aggravated identity theft in the absence of proof that she knew the false Social Security number she used to commit bank fraud actually belonged to another person, the 1st Circuit has ruled in reversing a conviction.