Blog Posts in November, 2011
Posted on Nov 20, 2011 By Phoenix Criminal Defense Attorney
The familiar Miranda warning advises a suspect in custody that he or she has a right to remain silent. Courts have made a few exceptions--your name, for example, or officer safety ("Do you have ...
Continue reading "Does the Fifth Amendment Protect Your Password?" »
Posted on Nov 19, 2011 By Phoenix Criminal Defense Attorney
When Gov. Jerry Brown of Calfornia earlier this month vetoed Senate Bill 914 -- which would have overturned a California Supreme Court decision giving police the power to search arrestees' ...
Continue reading "Calif. Cellphone Search Case Highlights Courts' Tech Problems" »
Posted on Nov 18, 2011 By Phoenix Criminal Defense Attorney
More than 250 million photos are uploaded per day on Facebook, and in all, billions of links, blog posts and other content are shared among users each month. With the staggering amount of electronic ...
Continue reading "Social Media Evidence" »
Posted on Nov 17, 2011 By Phoenix Criminal Defense Attorney
If you have been charged with a crime, one of the first questions you want to know and need to know is, "How much time am I facing?" If you are charged with a federal crime, that means ...
Continue reading "The Final Departure of Guidelines Departures" »
Posted on Nov 16, 2011 By Phoenix Criminal Defense Attorney
Honesty and a vigorous application of Fourth Amendment principles are particularly important in child pornography cases. Because of the great stigma of these charges, illegal arrests and searches of ...
Continue reading "The Chism Chasm: Child Pornography and the Fourth Amendment" »
Posted on Nov 15, 2011 By Phoenix Criminal Defense Attorney
Let's reach back a bit to discuss an interesting, albeit disappointing, decision by the Ninth Circuit federal appeals court on the Computer Fraud and Abuse Act ("CFAA."). United States ...
Continue reading "Computer Crimes--Don't Read This At Work!" »
Posted on Nov 14, 2011 By Phoenix Criminal Defense Attorney
Child pornography can be prosecuted either as a state law crime or as a federal crime. Today's post concerns the latter. In a recent case, the Ninth Circuit Court of Appeals made it easier to ...
Continue reading "Child Pornography: Advertising vs. Distributing" »
Posted on Nov 13, 2011 By Phoenix Criminal Defense Attorney
The Ninth Circuit Court of Appeals handed down an important decision regarding duress and prosecutorial misconduct in the recent case of United States v. Sanchez. The case involved a federal crime and ...
Continue reading "Memo on Duress and Prosecutorial Misconduct" »