The United States Supreme Court recently had before them the case of Camreta v. Green, 131 S. Ct. 456 (2010). In this case, the issue presented was whether the Fourth Amendment to the United States Constitution requires government officials to obtain a search warrant or parental permission before they can interrogate a suspected child abuse victim. … [Read more...]
Same Sex Marriage Fails in Maryland
There is a bill before the Maryland State Legislature to allow same sex marriage. On Friday, March 11, 2011, this bill was withdrawn from consideration due to the unlikelihood of the bill being passed by the state legislature. The law was titled the Civil Marriage Protection Act. For the past few weeks, the bill sponsors have been claiming that … [Read more...]
Strip Searches in Nassau County
A federal judge recently held that individuals who are subject to strip searches in the Nassau County Correctional Institution must receive $500 per person. It has been estimated that 20,000 people will be eligible for the $500 pay out. United States District Court Judge Dennis Hurley has taken this action because these individuals were subject … [Read more...]
A Problem (And Solution) With the Miranda Right to Counsel
Our office maintains a significant criminal defense practice and therefore the issue of police Miranda violations is of great interest to the firm. Miranda v. Arizona established a "Miranda right to counsel" during custodial police interrogations, purportedly based on the Fifth Amendment. One problem with the Miranda decision is that the Sixth … [Read more...]
Police Stop, Search & Confiscate Everything You Have…?
The Chicago Tribune has just picked up on a story from over a month ago at mysanantonio.com. The Texas town of Tenaha is using a state forfeiture law that gives the police the right to seize any property used in a crime to bolster that department's budget. Police officers have been using this law to stop cars traveling through their tiny (pop. … [Read more...]