News/Blog
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No Warrant Needed for Inventory Search of Unresponsive Crash Victim’s Vehicle
Danielle Gatlos was involved in a motor vehicle accident in Pennsylvania. When the police arrived on the scene, she was unconscious and unresponsive. The officers went into Danielle Gatlos’ vehicle and handbag…
September 25, 2013 -
Attorney General Proposes Drug Sentencing Reforms
Attorney General Eric Holder has approached the Justice Department with a new initiative called “Smart On Crime.” Mr. Holder is calling for major changes to the nation’s criminal justice system that would…
September 13, 2013 -
Court Restricts Police Searches of Phone Data
Recently, the New Jersey Supreme Court ordered that law enforcement agencies will now have to obtain a search warrant before obtaining tracking information from cell phone providers. The ruling involved a case…
September 10, 2013 -
Third Circuit Grants a New Trial in Drug Distribution Case
In Unites States v. Terrell Davis, Police arrested Terrell Davis after finding him in a Jeep with nearly a kilo of cocaine in the backseat. The arrest led to a conviction for…
September 3, 2013 -
Seventh Circuit Reiterates the Importance of a Suspect Invoking Right to Counsel
In United States v. Hunter, officers stopped a truck after they witnessed occupants apparently engaging in a drug deal. Hunter fled from the passenger seat with something resembling a gun in his…
March 28, 2013 -
Another Strong Affirmation of the Fourth Amendment’s Protections
In United States v. Black, No. 11-5084 (3:10-cr-00206-MOC-1) (Feb. 25, 2013), two officers in Charlotte began to follow a car as it left a gas station. The driver, Dior Troupe, parked and…
March 26, 2013 -
Supreme Court of the United States says: The Holding of Padilla v. Kentucky Will Not Apply Retroactively
In United States v. Chaidez, No. 11–820, (February 20, 2013). The Supreme Court of the United States held that it’s earlier decision in Padilla v. Kentucky, holding that the Sixth Amendment requires…
March 21, 2013 -
Police Need Probable Cause to Seize Someone Who Has Left The Immediate Vicinity of a Place Where a Search Warrant is Being Executed
In Bailey v. United States, the Supreme Court of the United States held that the rule of Michigan v. Summers (1982), which permits the detention of persons found on the premises during…
March 18, 2013 -
Third Circuit Rules that Contraband Found in Shared Cell is Sufficient to Warrant Loss of Good Time Credits
In Denny v. Schultz, No. 11-1450 (3d Cir. Feb. 15, 2013), the Third Circuit considered the question of what limit the Due Process Clause places on the constructive possession theory in the…
March 14, 2013 -
Police Can Record Video Inside Your Home Without A Warrant
In United States v. Wahchumwah, 2012 U.S. App. LEXIS 24296 (9th Cir. Nov. 27, 2012), Defendant contended that his Fourth Amendment rights were violated when an undercover agent who was invited into…
December 31, 2012