Phantom Tipsters: Oral Arguments in Navarette v. California

In this day and age is it still possible to make anonymous phone calls?  With the advent of caller identification on most phones, at the very least, one’s phone number is typically known to the person he is calling.  However, through the use of blocking one’s number or using an anonymous flip phone, it is still possible to remain anonymous when calling another person.  Further, it could be argued that simply knowing someone’s phone number does not give you any identifying information about that person.  This particular issue of how to handle anonymous tips given to the police was debated on January 21, 2014 and will be decided by the United States Supreme Court through the case Navarette v. California.  

Let’s Get Maryland Marijuana Reform Rolling

   State with legal medical cannabis.

   State with decriminalized cannabis possession laws.*

   State with both medical and decriminalization laws.

   State with legalized cannabis.

Two recent studies by the ACLU and PewResearch Center suggest that marijuana laws are not being reformed as the public demands.  In fact, the studies suggest just the opposite: that marijuana laws are being enforced more than ever before, in a time where legalization is becoming favored by citizens.  But what can we, as citizens who frequently feel powerless to change the laws of the State, do to expedite such reform?

“Ban the Box” Laws Seek to Give Returning Citizens a Second Chance

Meet John Doe.  He has just returned home from serving time in prison for a criminal offense that occurred during his youth.  He has learned a lot and he is ready to prove it to his family and community.  He is ready to start over, obtain employment, and financial stability.  He applies for jobs that he is qualified for and honestly discloses his conviction when asked on hiring forms.  Still, he cannot get a break; not even an interview.  Almost always his application is tossed aside when employers realize that he has a criminal history.

Drug Courts as an Alternative to Incarceration in Light of the U.S.’s Shifting Marijuana Policy

I.               Marijuana Policy in the United States Today

November 6, 2012, marked a shift in drug policy in the United States, for while many voters took to the polls to elect a variety of political figures, voters in the states of Colorado and Washington passed two voter initiatives which marked a shift in drug policy in the United States.  At the beginning of  January 2014 recreational use marijuana dispensaries opened up in Colorado—Washington State’s dispensaries are not fully set up yet and may take until June—with people traveling from as far as Ohio to purchase some of the United States’ first legally sold recreational marijuana.

Supreme Court Watch

The following are recent Supreme Court cases and opinions relating to criminal law discussed and analyzed.  We break down the cases with specific analysis for the affect on practitioners.  This page will be updated as opinions are published.

HOLIDAY MESSAGE TO OUR READERS!

Thank you for your support as we transitioned from the Criminal Law Brief to the Criminal Law Practitioner.  This semester students and guest practitioners have put out a series of great posts that we hope you enjoyed.  Thanks to all who contributed to make it a great first season with the CLP Blog!  Student posts will be temporarily suspended until January 2014.

IMPORTANT NOTICE:  Please note we will be changing the blog address from wclcriminallawbrief.blogspot.com to crimlawpractitionerblog.blogspot.com. You can also access the blog through the CLP website: crimlawpractitioner.com, or by googling us or following the blog via email and Twitter.

When we resume again in January 2014 we will be launching a new section -- The Supreme Court Watch -- where upcoming and recent Supreme Court cases and opinions relating to criminal law will be discussed and analyzed.  We will break down the cases with specific analysis for the affect on practitioners.

We are also excited to announce that the first CLP publication will be published and ready for distribution in January 2014!  This publication will consist of four student articles, four practitioner articles, and two editorial pieces. If you are interested in receiving a free copy of the CLP publication, please email us at crimlawpractitioner@gmail.com with your contact information and we will add you to our mailing list.   

If you are interested in submitting an article to the publication, please visit our website for submission details and you may contact us at crimlawpractitioner@gmail.com; or for a blog post, please email us at crimlawpractitionerblog@gmail.com.

Thank you again for reading the CLP Blog and sharing your comments with us.

Happy Holidays!

Sincerely, 

The Criminal Law Practitioner

The Breadth of Admissibility: A Survey of BAC Margin of Error Evidence in DUI Cases

DUI cases make up the bread and butter of most criminal dockets.  One of the primary evidentiary tools for these cases is some sort of BAC testing instrument.  Like any piece of scientific equipment though there is a margin of error inherent in the testing procedure and equipment.  This margin of error has been the source of significant litigation across the United States, where defense attorneys have attempted to introduce the testing margin of error as something for the jury to consider when analyzing the BAC test.  There is a majority and minority view held by the sister-states concerning the admissibility of blood alcohol test margin of error.  The majority view is that margin of error is admissible and can be considered for the weight of the evidence, the credibility of the evidence, or for attacking a statutory presumption of intoxication.  The minority view is that the margin of error is inadmissible because the statute already takes it into account or only goes to the validity of the test and not to its evidentiary value.  It should be noted though that the following is not a complete survey of all fifty states, because some states do not have as extensive case law on point or dip into administrative or civil license forfeiture decisions for basing their analysis on BAC testing margin of error.

Guest Post: Illegal Traffic Stop -- What Can a Police Officer Do When He Pulls You Over?

It is the Cops' jobs to protect the public; one way to do that is through legitimate traffic stops.  But what about when a police officer abuses his power?  How far can a cop go during the traffic stop?  And, what can you do to stop him?

THE LAW
Once the purpose of a traffic stop has been satisfied, the continued detention of a vehicle and its occupants constitutes a second stop, and must be independently justified by reasonable suspicion.