By Mani Dabiri | Published September 20, 2019 | Posted in Civil Business Litigation and Investigations, Federal and State Criminal Defense, Government Subpoenas and Investigations, Post-Conviction Defense and Appeals, White-Collar and Regulatory Defense | Tagged Tags: assetforfeiture, billofrights, dueprocess, fifthamendment, fourthamendment, searchwarrants, theftlarcenyrobbery |
You Cannot Be Serious
The Fourth Amendment is supposed to protect your right to be secure against “unreasonable searches and seizures.” Those are the actual words of the text, which is why I put them in quotes. But earlier this month, the federal court of appeals that covers California and eight other states could not say whether it violated the Fourth Amendment Read More
Read MoreWhen the Government Goes to Trial
Every now and then, a court will speak to the core of the laws that govern our way of life. Last week, the California Court of Appeal said something profound for the 21st century. Sure, it’s been said before but maybe not in this way, updated for the modern day, spelled out in language we all understand. Read More
Read MoreYou’ve (Still) Got (Money) Bail
California’s bail system is proceeding along two tracks for now. On one hand, around this time last year, the state passed a law to eliminate money bail. We broke down the new law in detail here, and we weighed its pros and cons here. The law was supposed to go into effect this October, but opponents have since Read More
Read MoreCalifornia’s Cannabis Control Appeals Panel
We end our series on the state’s pot regulations with a look at the administrative panel that will hear appeals from adverse licensing decisions. There, you’re entitled to a fair and impartial review of whether your regulator treated you right; whether its decision was supported by its findings; and whether its findings were supported by substantial evidence in Read More
Read MoreEnforcement by California’s Bureau of Cannabis Control
To round out the series we rolled out three weeks ago, here’s how the BCC polices the pot market. As you may know, the Bureau has a right of full and immediate access to enter and inspect any licensed premises, with or without prior notice. So they may come in and test your pot, test your Read More
Read MoreThe Right to Counsel in the 21st Century
As we touched on last week, the Sixth Amendment protects not just a right to counsel but a right to the effective assistance of counsel. In the 21st century, this means at least three things. First, the government can’t take away your life or liberty without a legal defense. Second, if you can’t afford a lawyer, the Read More
Read MoreYou Can’t Revoke a Doctor’s Hospital Privileges Without Due Process
This ain’t your grandfather’s medical practice anymore, is it? The modern doctor must deal with a dizzying array of rules and regulations like the one we covered last week. At the same time, California law affords you certain protections that can’t be bargained around or contracted away, as a hospital found out when it tried Read More
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