Stick to the Plan (er, Policy)
Before December 1, 2006, GS 20-16.3A set forth requirements governing impaired driving checkpoints but not other types of checking stations and roadblocks. While non-DWI checking stations and roadblocks had to […]
News Roundup
Big news on the high court: Justice David Souter, who famously said that he had the world’s best job in the world’s worst city, is reportedly retiring at the end […]
Kansas v. Ventris and the Sixth Amendment
The Supreme Court’s latest criminal law decision is Kansas v. Ventris, available here. The basic holding is that a statement obtained in violation of a defendant’s Sixth Amendment right to […]
I Gant Believe I’m Posting about This Case Again!
OK, one more post about Arizona v. Gant, which I’ve previously discussed here and here. First, School of Government faculty member Bob Farb has written a short paper about Gant […]
Juveniles and Prior Record Level
I am occasionally asked about the adult sentencing consequences of a defendant’s juvenile history. The first-order answer is easy: juvenile adjudications never count toward felony prior record level or misdemeanor […]
Do You Know How Fast You Were Driving?
Recently, I blogged about limitations on a judge’s authority to enter a disposition of prayer for judgment continued in speeding cases depending upon the speeding charge. (You can read that […]
Gant, “Retroactivity,” and Retroactivity
The fallout from the Supreme Court’s recent decision in Arizona v. Gant, see my initial post here, has been fast and furious. Most questions I’ve received have been about how […]
No Probable Cause?
One of the things I do as Defender Educator is design CLEs for public defenders and private assigned counsel. In an effort to plan top-notch programs, I meet from time […]
Arizona v. Gant and Searches Incident to Arrest
The Supreme Court decided Arizona v. Gant yesterday. The opinion is available here, and a news article about the case is here. It’s a pretty significant Fourth Amendment case, so […]
DNA Collection
An interesting article appeared yesterday in the New York Times. You can read it here, but the gist of it is that the federal government and about 15 states are […]