Using Your 5th Amendment Rights: The Cautionary Tale of Roger …

September 4th, 2010 by David


Roger Clemens could have avoided perjury charges by using his Fifth Amendment right to remain silent and not incriminate himself. Accident Lawyer | Criminal Attorney… – http://thomasvalonzo.com/blog/

Big Brother Is Watching You

September 3rd, 2010 by David


Although the following news story doesn’t directly involve DUI, I think it should be of concern to any citizen in this country who has the uncomfortable sense that our constitutional rights are slowly being whittled away and we are drifting toward a police state. Court Allows Agents to Secretly Put GPS Trackers on Cars CNN. Aug. 27 ?– ?Law enforcement officers may secretly place a GPS device on a person’s car without seeking a warrant from a judge, according to a recent federal appeals court ruling in California. Drug Enforcement Administration agents in Oregon in 2007 surreptitiously attached a GPS to the silver Jeep owned by Juan Pineda-Moreno, whom they suspected of growing marijuana, according to court papers. When Pineda-Moreno was arrested and charged, one piece of evidence was the GPS data, including the longitude and latitude of where the Jeep was driven, and how long it stayed. Prosecutors asserted the Jeep had been driven several times to remote rural locations where agents discovered marijuana being grown, court documents show. Pineda-Moreno eventually pleaded guilty to conspiracy to grow marijuana, and is serving a 51-month sentence, according to his lawyer.But he appealed on the grounds that sneaking onto a person’s driveway and secretly tracking their car violates a person’s reasonable expectation of privacy. “They went onto the property several times in the middle of the night without his knowledge and without his permission,” said his lawyer, Harrison Latto. The U.S. Ninth Circuit Court of Appeals rejected the appeal twice — in January of this year by a three-judge panel, and then again by the full court earlier this month. The judges who affirmed Pineda-Moreno’s conviction did so without comment. Latto says the Ninth Circuit decision means law enforcement can place trackers on cars, without seeking a court’s permission, in the nine western states the California-based circuit covers. The ruling likely won’t be the end of the matter. A federal appeals court in Washington, D.C., arrived at a different conclusion in similar case , ?saying officers who attached a GPS to the car of a suspected drug dealer should have sought a warrant. ? Experts say the issue could eventually reach the U.S. Supreme Court. One of the dissenting judges in Pineda-Moreno’s case, Chief JudgeAlex ? Kozinski, said the defendant’s driveway was private and that the decision would allow police to use tactics he called “creepy” and “underhanded.” “The vast majority of the 60 million people living in the Ninth Circuit will see their privacy materially diminished by the panel’s ruling,” Kozinksi wrote in his dissent. “I think it is Orwellian,” said Marc Rotenberg, executive director of the Electronic Privacy Information Center, which advocates for privacy rights. “If the courts allow the police to gather up this information without a warrant,” he said, “the police could place a tracking device on any individual’s car — without having to ever justify the reason they did that.” But supporters of the decision see the GPS trackers as a law enforcement tool that is no more intrusive than other means of surveillance, such as visually following a person, that do not require a court’s approval. “You left place A, at this time, you went to place B, you took this street — that information can be gleaned in a variety of ways,” said David Rivkin, a former Justice Department attorney. “It can be old surveillance, by tailing you unbeknownst to you; it could be a GPS.” He says that a person cannot automatically expect privacy just because something is on private property. “You have to take measures — to build a fence, to put the car in the garage” or post a no-trespassing sign, he said. “If you don’t do that, you’re not going to get the privacy.” ? When did our right to privacy from governmental intrusion start depending on building fences? ?And how long do you think even that minimal “privacy” will last?

The Dirty Little Secret (of Arizona DUI First Offense) : Arizona …

September 3rd, 2010 by David


… Criminal Defense Lawyer & Attorney – Terry Lenamon Law Firm · DUI Blog – Lawrence Taylor Law Firm · DUI Law Blog – Daniel Jaffe Law Firm … duiblog.arizonaduicenter.com/…/the-dirty-little-secret-of-arizo…

Khabibulin jailed 30 days for drunk driving | Hockey | Sports …

September 3rd, 2010 by David


Edmonton Oilers netminder Nikolai Khabibulin will be facing a 30-day sentence in prison, but he's still able to play hockey with the team since his lawyer … www.torontosun.com/sports/hockey/2010/08/…/15202061.ht…

Drunk Driver Injury Accident Lawyer: Drunk Driving Crackdown

September 3rd, 2010 by David


PritzkerOlsen attorneys: Recovered millions for victims of drunk drivers, including $6000000 for a client whose right leg was amputated when hit by a drunk driver. Minnesota Personal Injury Lawyer – http://minnesotapersonalinjurylawyer.com/

Sacramento Police Officer Resigns – 200 DUI Cases Being Reviewed …

September 2nd, 2010 by David


Aug 26, 10 03:30 PM DUI and Miranda Rights In recent posts we've covered separately Miranda rights and California DUI law . It's important to… Aug 20, 10 02:35 PM Hit and Run California's 'hit and run' laws are very specific in their … Sacramento Criminal Defense Lawyer Blog – http://www.sacramentocriminaldefenselawyerblog.com/

Atlanta DUI Lawyer « Atlanta DUI Lawyer William C. Head

September 2nd, 2010 by David


DUI law is complex, due to the fact that drinking and driving laws change so frequently. It is crucial that you hire an experienced DUI lawyer who stays on top of changes in Georgia's DUI laws. The attorneys at this firm attend cutting … Atlanta DUI Lawyer William C. Head – http://atlantaduilawyerblog.com/

Sanford, Florida Criminal Lawyer :: DUI Law :: Oak Ridge, Florida …

September 1st, 2010 by David


Bartlett Law Firm, PA – Sanford, Florida Criminal Lawyer – Oak Ridge, Florida Crime Defense Attorney. www.pdbartlettlaw.com/lawyer-attorney-1647800.html

The errors were committed by police during his arrest for drunk …

September 1st, 2010 by David


You need to hire one, Minneapolis Minnesota Attorney UDI? The errors of the police fighting with the help of an experienced Minnesota DUI Law Firm MINNESOTA. San Diego Dui Lawyer – http://sandiegoduilawyer.blogsml.com/

Paris Hilton's Drug Arrest and the “Plain View” Exception to 4th …

August 31st, 2010 by David


Paris Hilton lost her Fourth Amendment right against unreasonable search and seizure when she dropped cocaine in plain view of the police. Accident Lawyer | Criminal Attorney… – http://thomasvalonzo.com/blog/