Last week, the Supreme Court announced the groundbreaking decision of Arizona v. Gant, significantly limiting the police's ability to conduct searches of automobiles "incident to a lawful arrest" without either a warrant or probable cause. Before the Gant case, however, New York courts have consistently interpreted the State Constitution much more … [Read more...]
2nd Amendment Incorporated Against States by Ninth Circuit
Our readers who have been keeping up with the 2nd Amendment incorporation updates we have been postingwill find this news from the Volokh Conspiracy interesting. Link to the court's decision Update 3:31 PM: Eugene Volokh just posted about the 9th Circuit Panel's decision's likely effect on the Supreme Court's potential consideration of cases … [Read more...]
Second Amendment Incorporation on the “Radio” – Nunchucks in the News
You may recall that a little over a month ago we reported the news that Kirkland & Ellis' DC office was going to handle the Nanchaku ("nunchuck") 2nd Amendment Incorporation petition for certiorari to the Supreme Court. In that post, we discussed the DC v. Heller decision which held that the 2nd Amendment prohibits the Federal government … [Read more...]
New York Rockefeller Drug Laws to Become More Flexible?
On March 4th, Senator Schneiderman, et al, introduced a number of revisions to the Rockefeller era strict drug laws to the New York State Legislature. The law were originally introduced during the tenure of the then-Governor of New York, Nelson Rockefeller in 1973. The laws provide for mandatory sentencing minimums for various drug … [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...]
Incorporating the 2nd Amendment Against the States – Kirkland & Ellis is on the Case
As I posted on Jan. 30th, the Second Circuit Court of Appeals recently decided the case of Maloney v. Cuomo. Jim Maloney (pictured, right) was charged with possession of nunchaku ("nunchucks") in his Long Island, New York home. He challenged the constitutionality of New York's ban on nunchaku possession on 2nd Amendment grounds. But the 2nd … [Read more...]
Can New York Legally Forbid You to Own Nunchucks?
You may know about the Supreme Court's summertime D.C. v. Heller decision, which held that the 2nd Amendment to the Constitution prohibits the Federal government from making laws which substantially infringe on the rights of individuals to "keep and bear arms," i.e. to carry or own weapons. The Wait a Second! blog reported that on Wednesday, the … [Read more...]
When Can the Police Pat You Down?
As an appropriate follow up on this post from Monday about the Court of Appeals, Second Circuit's decision a few days ago, the Supreme Court ruled on Monday about a related matter. In Arizona v. Johnson, the Supreme Court released a unanimous decision clarifying when a "pat down" for weapons is or is not in violation of the 4th Amendment … [Read more...]
Knowing When Police Are Allowed to Stop Your Car
The "Wait a Second!" blog recently reported on a decision by the Second Circuit, the Federal Appeals Court with Jurisdiction over New York, from January 8th, that clarifies and expands the rule on when the police can search a car. As background, the court is addressing the question of when a police officer may search someone's car without … [Read more...]