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Articles by Topic or Issue (4th Amendment Continued - 8th Amendment)
4th Amendment / Continued
Seizure Continued
Police Can't Draw Blood without a Warrant If Suspect Refuses
Does California’s Imported Consent Violate the 4th Amendment?
- Is Probable Cause to Search Supported by Driver Having Pot?
- Fourth Amendment Warrant Exception Gone for Driver ID Search
- Inglewood Police Department & Unlawful Inventory Search?
- Terry Stop OK if Defendant Suspiciously Ducking, Crouching?
- Is a Police Shooting, an Attempt to Restrain, a Seizure?
- May Validly Collected DNA Be Used in Another Crime?
Evidence
If the Government Destroys Evidence, Is Dismissal Mandatory?
Anonymous 911 Call Admitted into Evidence without Authentication?
Murder Conviction Overturned When DA Hides Sniff Dog Problem
Bedroom Search Based on Misinformation: Evidence Suppressed?
- What Is a Harvey / Madden Motion for a Police Audio Tape?
- What Is a Motion to Suppress Evidence? How Is It Done?
- What Is a Motion to Quash a Warrant & Suppress Evidence?
- Evidence Suppressed from 2nd Search After 1st One Improper
- Six Little-Known Facts about Motions to Suppress Evidence
- Why Have a Motion to Suppress Hearing at “the Prelim?”
- Does Evidence of Pot in Car Allow Warrantless Search?
- Motion to Suppress in an Infraction – What Happens?
- When Can 911 Call Provide Sufficient Reasonable Suspicion?
- Is an Unsealed Bag of Pot Probable Cause to Search Purse?
- How Does the Private Search Doctrine Help the Police?
- Motion to Suppress Evidence from Car Near Shooting
- Does Outstanding Warrant Make Unlawful Detention OK?
- Firearm Admissible Based on Bulge in Pocket?
- Do Exigent Circumstances Exist if Police Find Rifle?
- Brady Violation Must Cause Prejudice for Habeas Grant
- Wiretap Application in DA’s Absence, Need to Explain?
- Motion to Suppress Denied on Gang Member, Drug Sale
- Federal Motion to Dismiss Denial Affirmed on Warrant
5th Amendment / Miranda Rights
The Fruit of a Poisonous Tree Doctrine Applies to Admissions
- Murder Conviction Reversed for Miranda Violation by Police
- Carefully Invoke Your Fifth Amendment Right to Remain Silent
- Can a Judge Condition Probation on a Fifth Amendment Waiver?
- Evidence Suppressed from 2nd Search After 1st One Improper
- Can Chelsea’s Law Mandate a Fifth Amendment Rights Waiver?
- What Is Required for Police Custody so That Miranda Applies?
- What Must Be Said by Police to Advise One of Miranda Rights?
- How Does One Properly Assert the Right to Remain Silent?
- Difference Between Remaining Silent and Requesting Counsel?
- How Does SB395 Give Juveniles Extra Miranda Protection?
- Confession Inadmissible When Defendant Not Mirandized?
- The Exceptions to Advising Someone of Miranda Rights
- When Is a Statement to Police Considered Involuntary?
- Examples of Good Cop Behavior – Manipulative, but OK?
- Are Miranda Warnings Required During a Pretext Call?
- Are Miranda Warnings Required with a Jailhouse Informant?
- Double Jeopardy if Cases in Federal and State Court?
- Double Jeopardy if Convicted of P.C. 29610 and 25400?
- Involuntary Murder Confession? Ninth Circuit Says No.
- Defendant Not Misled in Decision Not to Testify at Trial
- Miranda Advisements – When They are Not Required.
- Custodial Interrogation of a Minor at His Home?
- Murder Conviction Reversed; Cop Coerces Confession
- May a Judge Order Testimony from a Person NGI?
6th Amendment / Speedy Trial & Confrontation
Speedy Trial Right Violated After 33 Years Passes for Murder?
Sixth Amendment Violated If Informant Testifies in Disguise?
If Child Witness Refuses to Testify, 6th Amendment Violated?
- What Is a Marsden Motion? What Happens If It Is Granted?
- What Is a Gray-Area Faretta Request to Represent Oneself?
- Mistaken Identity? What Can One Do? Motion for a Lineup?
- What Is Argued in a Motion for Appointment of an Expert?
- Judge Improperly Decides Not to Hold Marsden Hearing
- What’re the Deadlines Related to a Right to a Speedy Trial?
- 6th Amendment Violated If a Dead Man’s Statement Admitted?
- Can a Criminal Defendant Request New Counsel Anytime?
- Bench Warrant Recalls and the Right to a Speedy Trial
- Sixth Amendment Violation & Intent to Maintain Innocence
- The Forfeiture-by-Wrongdoing Exception to the 6th Amendment?
- When Can a Missing Witness’ Prior Testimony be Admissible?
- Death Sentence Reversed for 6th Amendment Violation
- Ineffective Assistance of Counsel if CRC-Unqualified?
- The Right to Represent Oneself – People v. Faretta?
- Sixth Amendment, Ineffective Assistance of Counsel
- Early Assertion of Right to Speedy Trial Better than Later
- When’s a Witness Unavailable So as To Admit Prior Testimony?
- Ineffective Assistance of Counsel Found in Sex Offense Case
- Does McCoy v. Louisiana Apply Retroactively?
- Ineffective Assistance of Counsel (IAC) But No Prejudice?
- Federal Motion to Vacate Sentence Denial Affirmed
- Unavailable Witness: Reading Prelim Hearing Transcript
- COVID-19 and the Federal Court Speedy Trial Act
- Ineffective Assistance of Counsel Claim Rejected
- Confrontation Right Violated if Victim Turns Away?
- If One Waives Counsel and Trial Starts, Reappoint Counsel?
- Counsel Has Discretion to Decide if a Defense is Viable
- Is the 6th Amendment Violated by COVID-19 Mask Rules?
- Speedy Trial Right Violated by COVID-19 Delays?
- Cumulative Attorney Deficiencies Not Found to be IAC
8th Amendment / Cruel & Unusual Punishment
- Death Sentence Reversal Due to Juror Exclusion?
- Is a Heavy Sentence OK Anticipating Appellate Review?
- Inmate’s Excessive Force Claim Improperly Dismissed
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