Recent Posts in search and seizure Category
Posted on Nov 4, 2012 By Phoenix Criminal Defense Attorney
The prosecution of drug crimes often begins with a drug dog sniff. This week, the Supreme Court heard oral argument on 2 cases out of Florida involving drug sniffs. One had to do with bringing a drug ...
Continue reading "Gone to the Dogs" »
Posted on Oct 25, 2012 By Phoenix Criminal Defense Attorney
Child pornography cases are often prosecuted as federal crimes. Whether prosecuted in federal or state court, the cases often hinge on search and seizure issues, i.e. can the evidence be suppressed ...
Continue reading "Child Pornography and Computer Searches" »
Posted on Feb 2, 2012 By Phoenix Criminal Defense Attorney
In U.S. v. Jones, the Supreme Court unanimously agreed with a lower court decision; the lower court had said that the Constitution was violated when the police put a GPS tracking device on a vehicle, ...
Continue reading "The Jones GPS Case: Digging a Little Deeper" »
Posted on Feb 1, 2012 By Phoenix Criminal Defense Attorney
I've posted before about the issue of GPS tracking and tracking devices. Well, the Supreme Court has now handed down its long awaiting decision in U.S. v. Jones. But a divided Court left the law ...
Continue reading "GPS: The Supreme Court's Decision in Jones" »
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 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 Aug 31, 2011 By Phoenix Criminal Defense Attorney
There's an old saying: A good lawyer knows the law, but a great lawyer knows the judge. You could predict exactly how Judge N. R. Smith would vote on an issue of first impression -- involving ...
Continue reading "Child Molestation and Child Pornography" »
Posted on Feb 8, 2011 By Phoenix Criminal Defense Attorney
Search and seizure law gets more high-tech every day. In the drug crime case of U.S. v. Knotts, 460 U.S. 276 (1983), the Supreme Court held 7-3 that “[a] person traveling in an automobile on public ...
Continue reading "GPS Tracking Devices and Curtilage" »