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 MoreBack to Basics, Again
Speaking of the U.S. Supreme Court, we shouldn’t have to rely on the country’s highest court to decide some questions correctly. But we do. This week, the Court issued a friendly reminder about the presumption of innocence. If you’re convicted of a crime, but your conviction is overturned on appeal, and there won’t be a retrial, the government has to return Read More
Read MoreThe New Justice of the U.S. Supreme Court
Now that Neil Gorsuch has been sworn in, we’ll begin to find out how he wields the law as a member of the highest court in the land. Some say he’s a natural successor to the Justice whose seat he fills, Antonin Scalia. Here is a profile of Mr. Gorsuch that compares his views to those of Mr. Scalia Read More
Read MoreTake the Money and Run
Kudos to the California Court of Appeal for enforcing due process and the rule of law. Earlier this month, the Court took another stand on the law of asset forfeiture by siding with people who had sued to get their stuff back. In three separate cases, the Court ordered the trial court to reinstate lawsuits brought by eight Read More
Read MoreA Tale of Two Rules for California Prosecutors
In the first days of fall, the Golden State has set forth two new, important rules to punish prosecutors who unreasonably, recklessly, or intentionally withhold evidence from the accused. One is a criminal statute that goes into effect next year. The other is an ethics rule that goes into effect if and when the state’s supreme court Read More
Read MoreDo You Care About Justice?
Speaking of lies, there’s no shortage of them in an election year, but if you’re looking for a constructive way to sound off to the presidential candidates, here’s one. The National Association of Criminal Defense Lawyers has sent each of the four candidates—Clinton, Trump, Johnson, and Stein—a questionnaire with fifteen questions about their views on the criminal-justice system. The NACDL has created Read More
Read MoreHow to Assert Your Miranda Rights
Here’s a guide to your Miranda rights on the occasion of their 50th anniversary. It’s a rough composite of the current state of the law, but you should always consult a lawyer about your specific situation before consenting to an interview with law enforcement. The first thing to understand is that the police don’t have to give you Miranda warnings Read More
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