Category Archives: Federal Criminal Law
Limits On Consent To Search A Cell Phone
Border patrol agents, either through experience or training, develop expert, almost magical, observation skills about vehicle behavior that can create a reasonable suspicion of…
No Expectation of Privacy in Historical Cell Site Data, Cell Phone Location Information
With the Edward Snowden leaks, revelations that the National Security Agency (NSA) covertly monitors the email and cell phone use of virtually every person…
Federal Mandatory Minimums Aren’t Just for Drug Cases
Most of the time mandatory minimums are discussed in the context of federal cases, the discussion involves drugs. Over the past few years, Congress…
Illegal Reentry: Found in the USA
Walter Yovany Vasquez Macias (“Vasquez”) is a citizen of Honduras. He has a long and convoluted immigration history in the United States. Sometimes during…
TED NUGENT: GUNS, SUBSTANCE ABUSE, AND MENTAL ILLNESS
Ted Nugent’s recent racially inflammatory “subhuman mongrel” comment directed at the President of the United States has triggered a national debate about whether individuals…
Courts Reluctant to Find Actual Innocence
The maze of Federal post-conviction habeas corpus can be a procedural nightmare as illustrated in a February 13, 2014 decision by the Ninth Circuit…
Spoilation of Evidence in Texas Criminal Cases
In a recent post, we discussed the general parameters of the prosecution’s duty to preserve materially exculpatory evidence under a pair of U.S. Supreme…
SPOILATION: The Case Of The Missing Larynx
In the criminal law context, spoliation is the loss or destruction of evidence that either supports the prosecution’s theory of the case or tends…
Cat Scratch Fever Induced Hate Reaches Epidemic Proportions in Texas
Two recent events in Texas reinforce what the evidence shows: Texas has a market for hate. The most recent event is the outrageous comments…
Did Charles Dunn Provoke the Attack?
The facts in the Charles Dunn case in Florida are pretty straightforward, and for the most part undisputed. The 47-year-old Dunn, a software developer,…
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