Recently, the United States Supreme Court has held that the age of a child subjected to police questioning is a relevant factor to consider in determining where a minor must be given Miranda warnings before being questioned by law enforcement officers. Under Miranda, an individual must be advised of the “Supreme Court: Age of a Child is a Relevant Factor in Miranda Cases”
Supreme Court Allows Warrantless Search of Apartment That Smelled of Marijuana
Police officers who followed a suspect into his apartment complex were legally justified to knock down the door of an apartment that belonged to a different individual, when they detected a strong odor of marijuana emanating from the apartment and heard sounds of evidence being destroyed after announcing their presence, “Supreme Court Allows Warrantless Search of Apartment That Smelled of Marijuana”
Internet Protocol Numbers may be Disclosed to Police
A computer hacker unlawfully enters a computer network of one of the San Diego school districts. The hacker then gains control of the district’s routers, and transmits the data located on the district’s network to the hacker’s computer. As a result, the hacker obtains access to payroll and employee records, “Internet Protocol Numbers may be Disclosed to Police”
The Constitutionality of San Diego DUI Checkpoints
Residents of San Diego often encounter various DUI checkpoints located in Pacific Beach, Imperial Beach, Coronado, El Cajon, South Bay, Poway, or Vista. These temporary checkpoints are usually put in place by the San Diego Sheriff’s Department on Friday and Saturday nights between 8 P.M. and 2 A.M. to remove “The Constitutionality of San Diego DUI Checkpoints”
Defending Drug-Related Crimes in San Diego
I often represent individuals accused of committing crimes related to possession, sale and transportation of illegal drugs, prescription drug offenses related to pharmacy crimes, and offenses related to marijuana cultivation and possession. The primary defense in most drug possession and sale matters involves whether the prosecution can establish that the evidence was “Defending Drug-Related Crimes in San Diego”
Miranda: The Prosecution Will Not Use What You Say to Help You
The United States Supreme Court requires that a criminal defendant be advised of the rights to remain silent and request an attorney before being questioned by the police while in custody. For over 40 years these rights have been enshrined in the famous Miranda warning, an important procedural safeguard to “Miranda: The Prosecution Will Not Use What You Say to Help You”
Is Your Data Safe in Your Lawyer’s Laptop? Not if the Lawyer Travels.
Ethical rules require attorneys to strictly maintain client secrets and take every effort to safeguard those secrets. So should you worry if your lawyer keeps your client information on a laptop computer, an i-Pad, netbook, cell phone or USB device? Is that data safe so long as the device is “Is Your Data Safe in Your Lawyer’s Laptop? Not if the Lawyer Travels.”
San Diego Judge Sentences Man to Jail for Impersonating a Doctor
A 75-year-old San Diego man, Kurt Walter Donsbach, has been sentenced to a year in a county jail and ordered to serve probation for practicing medicine in California without a license. The terms and conditions of his probation, among other things, prohibit Mr. Donsbach from referring to himself as a “San Diego Judge Sentences Man to Jail for Impersonating a Doctor”
The California Supreme Court Authorizes Warrantless Searches of Cell Phones
The California Supreme Court recently ruled that law enforcement officers are authorized to conduct a warrantless search of cell phones obtained from a defendant after arrest. The Court granted review to determine whether the Fourth Amendment to the United States Constitution was violated when approximately 90 minutes after lawfully arresting “The California Supreme Court Authorizes Warrantless Searches of Cell Phones”
Meeting the Police without a Lawyer
I am often contacted by individuals seeking advice about whether they need legal advice before meeting with law enforcement. Often, these individuals do not feel that they have anything to hide from the police and that their lack of cooperation will be viewed with suspicion. Further, because employment obligations, management “Meeting the Police without a Lawyer”