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Point of Law

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Articles

Point of Law: The Limits of Electronic Searches

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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Newsby Staff WriterMarch 31, 2021

New York Legalizes Marijuana, Expunging Some Convictions

Under the final legislation, New Yorkers will be allowed to possess 3 ounces of marijuana and grow up to three mature pot plants at home, with a limit of six per household.

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Newsby Staff WriterMarch 30, 2021

New York City Plans to End Qualified Immunity for Officers

The qualified immunity doctrine is used in state and federal court, so it's unclear how a city can revoke the potential protection it provides to officers.

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Newsby Staff WriterMarch 26, 2021

Jacob Blake Sues Kenosha Officer Over Shooting

The lawsuit was filed Thursday by civil rights attorney Ben Crump in the U.S. District Court for the Eastern District of Wisconsin.

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Newsby Staff WriterMarch 25, 2021

Supreme Court Hearing Case on When Officers Can Enter Home Without Warrant

The lower courts ruled that police could enter the home and under the so-called the community care-taking exception to the Constitution's warrant requirement. Representing Edward Caniglia, lawyer Shay Dvoretzky said that an exception like that would "eviscerate" the warrant protections of the Fourth Amendment.

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Newsby Staff WriterMarch 25, 2021

Supreme Court Makes It Easier to Sue Police for Excessive Force

The court determined that in order to sue for excessive force under the Fourth Amendment, it is not necessary for a plaintiff to have been physically seized by law enforcement.

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Newsby Staff WriterMarch 23, 2021

Supreme Court Considering Case Involving Jurisdiction of Tribal Police on Public Roads Crossing Reservation Land

Some justices expressed concern about public safety if tribal officers lacked power to stop and detain non-Native Americans. Conservative Justice Clarence Thomas wondered what would happen if an officer encountered a known serial killer.

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Newsby Staff WriterMarch 19, 2021

Biden Urges Congress to Pass Hate Crime Legislation in Response to Attacks Against Asians

The Covid-19 Hate Crimes Act aims to increase Justice Department oversight of coronavirus-related hate crimes, provide support for state and local law enforcement agencies, and make hate crime information more accessible to Asian American communities.

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Newsby Staff WriterMarch 19, 2021

Chauvin Trial Judge Denies Change of Venue, Continuance Motions

On other motions Friday, Judge Peter Cahill ruled that only portions of the events surrounding Floyd's drug arrest in Minneapolis in May 2019 are admissible in this trial, namely any evidence or testimony that directly relates to his medical condition.

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Newsby Staff WriterMarch 17, 2021

2 Chauvin Trial Jurors Dismissed After Admitting City's Settlement with Floyd Family Makes Them Biased

Hennepin County District Judge Peter Cahill removed the two who said under his questioning they had heard about a federal lawsuit settlement reached last week and admitted it affected their ability to presume Chauvin is innocent during the course of the trial.

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Newsby Staff WriterMarch 15, 2021

Chauvin's Attorney Requests Venue Change, Continuance After Settlement Paid to Floyd's Family

Eric Nelson, Chauvin’s defense attorney, questioned the “suspicious timing” of the settlement and argued it was “highly prejudicial” against his client. He called on Hennepin County District Court Judge Peter A. Cahill to “at least” call back the jurors already seated in the case to question them to see if they had read the news of the settlement and if they could continue to be impartial in the case.

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