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Blog Posts in April, 2015

  • Unreasonable Detention and Drug Dogs: The Rodriguez Decision

    || 27-Apr-2015

    On April 21st, in Rodriguez v. The United States, the United States Supreme Court held that without reasonable suspicion, a traffic stop that is extended in order to conduct a drug dog sniff is an unreasonable seizure. This means that unless an officer has more than just a hunch that criminal activity is afoot, the officer cannot continue to detain the person in order to run a drug dog around the ...
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  • Can I Talk Myself Out of an Arrest?

    || 14-Apr-2015

    Every defense attorney should know that one of the best possible defenses to a criminal charge or conviction is controlling the message, primarily the message told by the person being investigated for a crime. One of the most common reasons that people are convicted is simply because they do not shut up. We have all heard stories where a person might have gotten away with committing a crime had ...
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  • The Technological Revival of the 4th Amendment

    || 3-Apr-2015

    After the passing of the Patriot Act, constitutional scholars bemoaned the demise of the 4th Amendment. See, e.g., Susan N. Herman, The USA Patriot Act and the Submajoritarian Fourth Amendment, 41 Harv. C.R.-C.L. L. Rev. 67, 106 (2006). The right to privacy gave way to protection against terrorism. Several three letter agencies probed us and scrutinized our actions. The TSA patted us down then put ...
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