#Stingrays can apparently record calls as well? According to documents obtained by the ACLU, indeed they can: http://www.wired.com/2015/10/stingray-government-spy-tools-can-record-calls-new-documents-confirm/ This is the world we live in! In better news, Jayne Law...
The California Supreme Court held last month in People v. Prunty, S210234, that when the prosecution seeks to prove the street gang enhancement (Pen. Code, sec. 186.22(b)) by showing a defendant committed a felony to benefit a given gang, but establishes the...
Introduction The public, legislators, prison officials, judges, and historians alike are all waking up to the fact that the United States’ criminal justice system is clearly in dire need of reform. And finally, it appears that the words criminal justice + reform are...
Fourth Amendment Update: US Supreme Court Rules GPS Trackers are a Form of Search & Seizure: http://www.theatlantic.com/…/supreme-court-if-youre…/389114/
The Gray Area between Friend and Fiduciary In a landmark decision, the United States Court of Appeals for the Second Circuit, an influential court in securities litigation, provided clarity on the elements required to hold a tippee liable for insider trading. The...
The California First District Court of Appeal last week struck down a state law that required the collection of DNA from anyone arrested on suspicion of committing a felony. The Court concluded that the state Constitution’s ban on unreasonable search and seizure...
September 24, 2014 Holder Memo on § 851 Enhancements in Plea Negotiations. Notable lines: "An § 851 enhancement should not be used in plea negotiations for the sole or predominant purpose of inducing a defendant to plead guilty." Holder is making sure his message on...
On July 11, 2014 a new federal policy governing custodial interrogations by federal law enforcement agencies went into effect. That policy, documented in a May 12, 2014 Memo from Deputy Attorney General James M. Cole and supplemented by a videotaped statement by U.S....
In United States v. Edwards, 2014 WL 3747130 (9th Cir. July 31, 2014) the United States Court of Appeals for the Ninth Circuit addressed two issues: the first one was whether the stop of Edwards was only an investigatory stop or a de facto arrest and the second was...
Written By: Paul J. Wallin, Senior Partner of Wallin & Klarich, A Law Corporation. If you have been convicted of a felony crime, you have options available to you. A guilty verdict does not necessarily have to be the final judgment. Many criminal convictions may...