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Can an individual be prosecuted for despicable criminal conduct based on evidence obtained in violation of the United States Constitution? Ultimately, the Ninth Circuit judges wrote, “In the circumstances of this case (United States v. Holcomb, 23-469 (9th Cir. 2025)), respect for the Constitution and the rule of law requires an answer of “no.”
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In a fairly common scenario, you obtain a valid Miranda waiver from a suspect in custody and begin interrogation. Part-way through your questioning, the suspect begins to feel uneasy about going forward and says something about remaining silent or talking to a lawyer.
Read More →The police in my area made national news when a local dog owner and repeat offender of the leash law tricked them into issuing a citation for a $50 fine to his dog. The dog owner made a mockery of the situation by requesting a hearing on behalf of the dog, and reporters found that very amusing.
Read More →A criminal suspect has a Fifth Amendment right not to be compelled to incriminate himself, so he cannot be forced to make a statement. But if he is lawfully in custody, he can be compelled to submit to particular tests or to provide exemplars of his physical attributes. Under some circumstances, he can also be compelled to behave in certain ways (“modeling”) in order to assist in identification.
Read More →For generations law enforcement has been seeking the perfect round, the so-called “magic bullet.” The ideal police weapon is a munition that could be fired at a distance to temporarily incapacitate a suspect so that he or she could be taken into custody without injury to either the suspect or the arresting officer. It would work every time, and it would be a substitute for deadly force.
Read More →There's always a risk that when a Supreme Court decision discusses two or more major points, those points may get blurred. One familiar example is Terry v. Ohio, which is often cited as the opinion that gave us the "stop and frisk" rule.
Read More →Walther blank-firing replica guns are now available in the United States through distributor Maxsell Corp. These automatics incorporate 9mmPA ammunition that is larger and 20 percent louder than the former 8mm ammo. Importation of these realistic replicas has been approved by ATF as complying with all U.S. safety laws.
Read More →For at least 10 years, it has been clear that terrorists favor targeting transportation systems, high-density population venues, and symbolic structures.
Read More →A process server has dropped a summons and complaint notice in your hand. You’re being sued for something that the plaintiff claims you did on the job.
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