Defending People

the tao of criminal defense trial lawyering

Boucher Revisited

Mark Bennett | July 26, 2009

If I read The Volokh Conspiracy, I would’ve seen and (again) blogged about this back in February:
U.S. District Judge William K. Sessions III in Burlington handed down an opinion sort-of-reversing Magistrate Judge Jerome J. Niedermeier’s order quashing a grand jury subpoena for:
all documents, whether in electronic or paper form, reflecting any passwords used or [...]

Arizona v. Gant

Mark Bennett | April 21, 2009

Texas narcotics cops get an anonymous tip that someone is carrying drugs in his car.
They call a cop in a marked unit to follow him.
The uniformed cop watches for a traffic violation (changing lanes without signaling is popular).
The uniformed cop stops the suspect, arrests him for the traffic violation, cuffs and stuffs him, then searches [...]

Virginia v. Moore in Texas

Mark Bennett | April 24, 2008

In Virginia v. Moore the Supreme Court held that evidence is admissible under the Fourth Amendment even though obtained in a search incident to an unlawful arrest that was on probable cause.
In other words, if the state makes something a non-arrestable crime (in Virginia, driving with a suspended license) and the police break state law [...]