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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?

  9. Is Probable Cause to Search Supported by Driver Having Pot?
  10. Fourth Amendment Warrant Exception Gone for Driver ID Search
  11. Inglewood Police Department & Unlawful Inventory Search?
  12. Terry Stop OK if Defendant Suspiciously Ducking, Crouching?
  13. Is a Police Shooting, an Attempt to Restrain, a Seizure?
  14. May Validly Collected DNA Be Used in Another Crime?


  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?”
  22. Does Evidence of Pot in Car Allow Warrantless Search?
  23. Motion to Suppress in an Infraction – What Happens?
  24. When Can 911 Call Provide Sufficient Reasonable Suspicion?
  25. Is an Unsealed Bag of Pot Probable Cause to Search Purse?
  26. How Does the Private Search Doctrine Help the Police?
  27. Motion to Suppress Evidence from Car Near Shooting
  28. Does Outstanding Warrant Make Unlawful Detention OK?
  29. Firearm Admissible Based on Bulge in Pocket?
  30. Do Exigent Circumstances Exist if Police Find Rifle?
  31. Brady Violation Must Cause Prejudice for Habeas Grant
  32. Wiretap Application in DA’s Absence, Need to Explain?
  33. Motion to Suppress Denied on Gang Member, Drug Sale
  34. Federal Motion to Dismiss Denial Affirmed on Warrant

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?
  14. What Is Required for Police Custody so That Miranda Applies?
  15. What Must Be Said by Police to Advise One of Miranda Rights?
  16. How Does One Properly Assert the Right to Remain Silent?
  17. Difference Between Remaining Silent and Requesting Counsel?
  18. How Does SB395 Give Juveniles Extra Miranda Protection?
  19. Confession Inadmissible When Defendant Not Mirandized?
  20. The Exceptions to Advising Someone of Miranda Rights
  21. When Is a Statement to Police Considered Involuntary?
  22. Examples of Good Cop Behavior – Manipulative, but OK?
  23. Are Miranda Warnings Required During a Pretext Call?
  24. Are Miranda Warnings Required with a Jailhouse Informant?
  25. Double Jeopardy if Cases in Federal and State Court?
  26. Double Jeopardy if Convicted of P.C. 29610 and 25400?
  27. Involuntary Murder Confession?  Ninth Circuit Says No.
  28. Defendant Not Misled in Decision Not to Testify at Trial
  29. Miranda Advisements – When They are Not Required.
  30. Custodial Interrogation of a Minor at His Home?
  31. Murder Conviction Reversed; Cop Coerces Confession
  32. May a Judge Order Testimony from a Person NGI?
  33. Does Minimal Answer Waive One’s Miranda Rights?
  34. Murder Conviction Reversed Based on Miranda Violation

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?
  22. 6th Amendment Violated If a Dead Man’s Statement Admitted?
  23. Can a Criminal Defendant Request New Counsel Anytime?
  24. Bench Warrant Recalls and the Right to a Speedy Trial
  25. Sixth Amendment Violation & Intent to Maintain Innocence
  26. The Forfeiture-by-Wrongdoing Exception to the 6th Amendment?
  27. When Can a Missing Witness’ Prior Testimony be Admissible?
  28. Death Sentence Reversed for 6th Amendment Violation
  29. Ineffective Assistance of Counsel if CRC-Unqualified?
  30. The Right to Represent Oneself – People v. Faretta?
  31. Sixth Amendment, Ineffective Assistance of Counsel
  32. Early Assertion of Right to Speedy Trial Better than Later
  33. When’s a Witness Unavailable So as To Admit Prior Testimony?
  34. Ineffective Assistance of Counsel Found in Sex Offense Case
  35. Does McCoy v. Louisiana Apply Retroactively?
  36. Ineffective Assistance of Counsel (IAC) But No Prejudice?
  37. Federal Motion to Vacate Sentence Denial Affirmed
  38. Unavailable Witness: Reading Prelim Hearing Transcript
  39. COVID-19 and the Federal Court Speedy Trial Act
  40. Ineffective Assistance of Counsel Claim Rejected
  41. Confrontation Right Violated if Victim Turns Away?
  42. If One Waives Counsel and Trial Starts, Reappoint Counsel?
  43. Counsel Has Discretion to Decide if a Defense is Viable
  44. Is the 6th Amendment Violated by COVID-19 Mask Rules?
  45. Speedy Trial Right Violated by COVID-19 Delays?
  46. Cumulative Attorney Deficiencies Not Found to be IAC
  47. What Does a Signed Promise to Appear in Court Mean?
  48. Can Drug Overdose Waive the Right to be Present?
  49. Marsden Motion as Illegal Attempt to Create Conflict

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?

  5. Death Sentence Reversal Due to Juror Exclusion?
  6. Is a Heavy Sentence OK Anticipating Appellate Review?
  7. Inmate’s Excessive Force Claim Improperly Dismissed


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