United States appealed the granting of defendant’s motion to suppress which was granted due to bare bones, cut and paste facts in a search warrant affidavit. Underwood w •The Ninth Circuit held that: –Conclusions of affiant unsupported by underlying facts can’t be...
Lira appealed his 120-month mandatory minimum sentence imposed following his jury trial conviction for use or carrying and possession of firearms in furtherance of a drug trafficking offense, in violation of 18 U.S.C. § 924(c). He was convicted in Counts I-III of...
Federal drug sentencing has been given a long-awaited makeover by the issuance of Eric Holder’s Memorandum and Guidelines to Federal Prosecutors in August of this year. The new policy should help certain drug offenders avoid mandatory minimum sentences in federal drug...
An arrest, even where there is no conviction, can have devastating effects on a person's life. For non-citizens, it can result in random detentions at immigration outposts and obstacles to obtaining citizenship. For those seeking employment, an arrest can be...
In United States v. Lopez-Cruz, the 9th Circuit held last week that a police officer may not answer a person's cell phone and impersonate that individual based on consent to look at a phone. In the case, Lopez-Cruz was stopped by agents near the Mexico border and he...
In People v. Burton, the Appellate Division of the Ventura County Superior Court, held that a defendant's misdemeanor arrest for DUI which was not committed in the officer's presence did not violate the Fourth Amendment. In the case, a witness observed Mr. Burton...
The California Court of Appeals recently decided Coffey v. Shimoto, a case regarding rising blood alcohol after an arrest for DUI and the admissible evidence at a DMV administrative hearing regarding a license suspension. In the case, Ms. Coffey was arrested for DUI....
Opinion by: Justice Thomas The United States Supreme Court decided in Alleyne v. United States (June 2013) that any facts that would increase the mandatory minimum sentence of a crime must be submitted to the jury, overruling Harris v. United States (2002). In...
The California Court of Appeal of the Fifth Circuit held in In re Cabrera recently that possession of photocopies of drawings signed by prison gang members or associates is not sufficient to establish association with those artists. Under the Due Process Clause,...
The United States Supreme Court recently ruled that the natural dissipation of alcohol in blood alone does not constitute exigent circumstances per se to justify a warrantless blood draw in DUI cases where the suspect does not consent. Without a warrant or consent...