Members of the United States Congress are generally protected from being criminally prosecuted for their “legislative acts” under the Speech or Debate Clause of the United States Constitution. Pursuant to the clause, members of both Houses of Congress are privileged from being arrested, except for treason, felony, or breach of “Former Arizona Congressman Must Face Public Corruption Charges”
Supreme Court: BAC Reports Subject to the Sixth Amendment Scrutiny
Recently, the United States Supreme Court has ruled that the prosecution is prohibited from introducing a forensic laboratory report containing a BAC (blood alcohol concentration) certification through the in-court testimony of a scientist who did not sign the certification or perform or observe the test reported in the certification. The “Supreme Court: BAC Reports Subject to the Sixth Amendment Scrutiny”
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”
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”
California Courts Disagree on Lengthy Prison Terms for Juveniles
Last year, the United States Supreme Court held in a deeply divided opinion that a sentence of life imprisonment without parole (LWOP) for any juvenile offender who did not commit a homicide was unconstitutional as cruel and unusual punishment under the Eighth Amendment to the United States Constitution. The court, however, “California Courts Disagree on Lengthy Prison Terms for Juveniles”
Life Imprisonment without Parole is illegal in Non-Murder Juvenile Matters
The United States Supreme Court in a deeply divided opinion reversed a conviction of a 16-year old minor who was sentenced to life without parole (LWOP) for a non-homicide Florida offense of home invasion robbery. In Graham v. Florida, the court held that a sentence of LWOP for any juvenile “Life Imprisonment without Parole is illegal in Non-Murder Juvenile Matters”
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”