Over 6,000 rape kits from active investigations of sex crimes remain untested throughout the country. Experienced criminal defense lawyers know that innocent persons are prosecuted when police selectively test some evidence while ignoring other items of crucial evidentiary value.
Drugs and Gun Found During Illegal Search Admissible Evidence
The Ninth Circuit court of Appeals just upheld the admissibility of drug and firearm evidence in a case where law enforcement conducted an illegal search of a vehicle under the doctrine of inevitable discovery. In United States v. Ruckes, the Court followed the recent Supreme Court decision of Arizona v. Gant. “Drugs and Gun Found During Illegal Search Admissible Evidence”
Criminal Court Diversion for Combat Veterans
The San Diego County Public Defender’s, together with private criminal defense lawyers and local veterans groups, is reportedly putting together a legislative proposal for the diversion of criminal cases for combat veterans. The Penal Code already provides for alternative sentencing for combat veterans suffering from post traumatic stress disorder (PTSD), substance abuse, “Criminal Court Diversion for Combat Veterans”
Drug Detectives Play Wii While Executing a Search Warrant
Drug investigators have been caught on tape playing Wii games while executing a search warrant at the home of Michael Difalco. Polk County Sheriff Grady Judd lamely defends his investigators by claiming that the Wii gamesmanship would not invalidate the search. Perhaps the Sheriff should read up on the law. “Drug Detectives Play Wii While Executing a Search Warrant”
Law Enforcement Is Overburdened by Misguided Laws
A kidnapped girl was discovered 18 years after her abduction at the home of a convicted parolee and registered sex offender despite the fact that law enforcement has repeatedly been in contact with the man and has visited his home on many occasions over the years. That law enforcement for “Law Enforcement Is Overburdened by Misguided Laws”
Unchecked Illegal Police Search and Seizure
The United States Supreme Court in on the verge of abolishing the exclusionary rule prohibiting the use of unlawfully obtained evidence against a criminal defendant. The recent case of Herring v. United States portends a court trend in favor of illegal search and seizure at the expense of the integrity “Unchecked Illegal Police Search and Seizure”
Is that Drug Really Cocaine, Methamphetamine, Marijuana, or Heroin?
In serious drug prosecutions, criminal defense lawyers cannot blindly trust police crime lab reports supposedly confirming that a substance is really cocaine, methamphetamine, marijuana, or heroin. For that matter, anything coming out of the crime lab, such as blood toxicology results, DNA results and chain-of custody receipts should not be “Is that Drug Really Cocaine, Methamphetamine, Marijuana, or Heroin?”
Sneaking past the Attorney to get the Defendant: Montejo v. Louisiana
Criminal defense lawyers uniformly advise their clients to provide information to law enforcement only by and through an attorney, and for good reason. Many cases are prosecutable only because the defendant gave the police what they needed to make their case. In the past, attorneys did not have to worry “Sneaking past the Attorney to get the Defendant: Montejo v. Louisiana”
Under California Law, Who Acted Unlawfully? Professor Gates or Officer Crawley?
Harvard professor Henry Louis Gates Jr., an African-American scholar, was recently arrested at his residence by Cambridge police officer Sergeant Crowley who was investigating a reported break-in. Professor Gates was arrested after he yelled at the investigating officer repeatedly from inside the residence. He showed identification and then reportedly resisted “Under California Law, Who Acted Unlawfully? Professor Gates or Officer Crawley?”