by Marc Neff
5th Circuit Holds that a Defendant’s Confession to Harboring Illegal Aliens Can Be Suppressed Where ICE Agents Violated the Fourth Amendment
In United States v. Hernandez, 670 F.3d 616 (Ct. App. 5th 2012), The United States Court of Appeals for the Fifth Circuit found error in the denial of a Defendant’s motion to suppress her post-Miranda statements as fruit of the poisonous tree. The Court reversed the denial of defendant’s suppression motion, vacated the conviction and sentence, and remanded. In Hernandez, law enforcement...
by Marc Neff
Supreme Court Approves Strip Searches, Even For Minor Offenses
The Supreme Court of the United States recently held, in a 5-4 decision, that officials may strip-search people arrested for any offense, no matter how minor, before admitting them to jails – even if the officials have no reason to suspect the presence of contraband. In Florence v. Board of Chosen Freeholders, Petitioner Albert W. Florence was arrested during a traffic stop by a New...
by Marc Neff
Third Circuit Court of Appeals Rules That Second Amendment Protections Are Limited for Gun Owners Who Live With Convicted Felons
In United States v. Huet, No. 10-4729 (3d Cir. Jan 5, 2012), Police executed a valid search warrant of a home shared by Melissa Huet and Marvin Hall — Hall happened to be a convicted felon. In the course of the search, police found a firearm. The Government charged Hall with illegal possession of a firearm under 18 U.S.C. § 922(g), and charged Huet with aiding and abetting his possession,...
by Marc Neff
Arkansas Supreme Court OK’s Sex Between Teachers and 18-Year Old Students
The Supreme Court of Arkansas recently held that the State could not criminalize sex between consenting adults, even if one is a teacher and the other an 18-year old student. Paschal v. State of Arkansas, 2012 Ark. 127, evolved from the conviction of Defendant David Paschal, a high school History and Psychology teacher who engaged in a consensual sexual relationship with an 18-year-old student...
by Marc Neff
3rd Circuit Upholds 30-year Sentence in Child Pornography Case
In U.S. v. Hardy, the Court of Appeals for the Third Circuit upheld the thirty year prison sentence handed down by the United States District Court for the Western District of Pennsylvania when defendant Kelly Hardy pleaded guilty to three child pornography offenses. 2011 U.S. App. LEXIS 24475. On April 16, 2009, law enforcement officers conducted a search of Hardy’s home and seized...
by Marc Neff
Supreme Court Reiterates the Duty of the Prosecution to Disclose All Potentially Exculpatory Evidence
The Supreme Court of the United States decided the landmark case of Brady v. Maryland in 1963. 373 U.S. 83. While the Brady doctrine stemming from this case is nuanced and has been addressed many times over the past few decades – at its core, Brady imposes a duty upon the prosecution to turn over to the defense in a criminal trial all evidence which tends to cast doubt upon a...
by Marc Neff
Defendant in Child Pornography Case Ordered to Pay Restitution to Child Depicted in One of His Images
Ricky Lee Daniel was convicted in the United States District Court for the Northern District of Georgia of possession of child pornography in violation of 18 U.S.C.S. §§ 2252A(a)(5)(B) and 2256(8)(A). United States v. McDaniel, 631 F.3d 1204 (2011). The district court ordered the defendant to pay restitution to a child depicted in one of the images, and defendant appealed. A jury convicted...
by Marc Neff
Police Must Have Probable Cause that a Crime is Being Committed in Order to Seize a Vehicle While Waiting to Obtain a Search Warrant
Commonwealth of Pennsylvania v. Trayvon Nmn Joseph, 34 A.3d 855, was an appeal from a Judgment of Sentence in the Court of Common Pleas. Joseph appealed his convictions for persons not to possess, use, manufacture, control, sell, or transfer firearms, in violation of 18 Pa.C.S. § 6105(c)(2), and firearms not to be carried without a license, in violation of 18 Pa.C.S. § 6106(a)(1). Appellant...
by Marc Neff
Fourth Amendment Protects Homes From Warrantless Drug Dog “Sniff Tests”
The Supreme Court of Florida has decided the case of Joelis Jardines, Petitioner, v. State of Florida, Respondent, No. SC08-2101, 2011 WL 1405080 (April 14, 2011). In this matter, police conducted a warrantless “sniff test” by a drug detection dog at defendant’s home and discovered live marijuana plants inside. The trial court granted defendant’s motion to suppress,...
by Marc Neff