Articles by Topic or Issue (4th Amendment Continued - 8th Amendment)

4th Amendment / Continued

Seizure Continued

  1. Is Collection of DNA from a Felony Arrestee Constitutional?

  2. State Court Rules DNA Collection Is Unconstitutional

  3. Can Police Use One's DNA in Saliva to Re-arrest Someone?

  4. The Police Took Your $$: You Can Get It Back, Plus Interest

  5. In DUI, Police Can Download Car's Computer to Show Speed

  6. Police Can't Draw Blood without a Warrant If Suspect Refuses

  7. Cash Seized from Suspected Drug Dealer Returned to Him

  8. Does California’s Imported Consent Violate the 4th Amendment?

Evidence

  1. Conviction Reversed for Prosecutor Withholding Evidence

  2. Judge Reversed for Withholding Internal Affairs Statements

  3. Destruction or Spoliation of Evidence Causes Big Problems

  4. Judge Makes Mistake Letting Jury Hear Drug Cartel Evidence

  5. If the Government Destroys Evidence, Is Dismissal Mandatory?

  6. Dismissal When Police and Prosecutor Fail to Preserve Video

  7. Anonymous 911 Call Admitted into Evidence without Authentication?

  8. Murder Conviction Overturned When DA Hides Sniff Dog Problem

  9. Bedroom Search Based on Misinformation: Evidence Suppressed?

  10. What Is the Marital or Spousal Privilege? Its Limits?

  11. What Is a Brady Violation? What Could Happen to the Case?

  12. Motion to Suppress Evidence of Discarded Gun Denied

  13. What Is a Penal Code § 995 Motion Under California Law?

  14. Is a Misdemeanor Arrest Legal If the Officer Saw Nothing?

  15. Aiding & Abetting Reversed When DA Withholds Rap Sheet

  16. What Is a Harvey / Madden Motion for a Police Audio Tape?
  17.  What Is a Motion to Suppress Evidence?  How Is It Done?
  18. What Is a Motion to Quash a Warrant & Suppress Evidence?
  19. Evidence Suppressed from 2nd Search After 1st One Improper
  20. Six Little-Known Facts about Motions to Suppress Evidence
  21. Why Have a Motion to Suppress Hearing at “the Prelim?”

5th Amendment / Miranda Rights

  1. Four Facts About Miranda Rights That Everyone Should Know

  2. Once You Receive Miranda Warnings, Just Stop Talking!

  3. If Police Do Not Read Me My Miranda Rights, Dismissal?

  4. Fifth Amendment Rights under Miranda and Voluntary Comments

  5. The Fruit of a Poisonous Tree Doctrine Applies to Admissions

  6. Is the Fifth Amendment Violated If Silence Cited by DA?

  7. Can Silence After a Car Crash Be Used Against Someone?

  8. Are Miranda Warnings Required Before Asking If in a Gang?

  9. Murder Conviction Reversed for Miranda Violation by Police
  10. Carefully Invoke Your Fifth Amendment Right to Remain Silent
  11. Can a Judge Condition Probation on a Fifth Amendment Waiver?
  12. Evidence Suppressed from 2nd Search After 1st One Improper
  13. Can Chelsea’s Law Mandate a Fifth Amendment Rights Waiver?

6th Amendment / Speedy Trial & Confrontation

  1. What Is the Sixth Amendment Right to a Speedy Trial?

  2. The Right to a Speedy Trial When One Must Be Extradited

  3. Is Right to Speedy Trial Violated with 2 Year Delay in DUI?

  4. Speedy Trial Right Violated After 33 Years Passes for Murder?

  5. Right to Speedy Trial Violated by 7 Years to Murder Trial?

  6. Is a Four Year Delay Before Filing Murder Charges Improper?

  7. Expert Uses Hearsay - Does This Violate the 6th Amendment?

  8. Sixth Amendment Violated If Informant Testifies in Disguise?

  9. Confrontation Clause of Sixth Amendment and DNA Evidence

  10. Sixth Amendment Met When Lab Report Author Not Available?

  11. The Sixth Amendment & Asking Witness About a Lab Report

  12.  If Child Witness Refuses to Testify, 6th Amendment Violated?

  13. Right to Cross-Examine Expert Violated If Expert Absent

  14. Beware: Witness Intimidation Can Make Hearsay Admissible

  15. Prosecutor’s Gang Expert Testimony Is Hearsay – Reversal

  16. What Is a Marsden Motion?  What Happens If It Is Granted?
  17. What Is a Gray-Area Faretta Request to Represent Oneself?
  18. Mistaken Identity?  What Can One Do?  Motion for a Lineup?
  19. What Is Argued in a Motion for Appointment of an Expert?
  20. Judge Improperly Decides Not to Hold Marsden Hearing
  21. What’re the Deadlines Related to a Right to a Speedy Trial?

8th Amendment / Cruel & Unusual Punishment

  1. Eighth Amendment (Cruel and Unusual Punishment) & 3 Strikes

  2. Does Life without Parole Possibility Violate 8th Amendment?

  3. Is Double Jeopardy Violated in a 495 Year Sentence?

  4. Disturbing the Peace Sentence of 25-Year-to-Life? Really?

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