Police Likely Can Search Your Cell Phone if You are Arrested

After you have been arrested, the police generally may search items on your person and including your pockets, as well as anything within your immediate control. Chimel v. California, 395 U.S. 752 (1969). This means that the police can physically take your cell phone and anything else in your pockets. Some courts go one step […]

Read More

No Warrant Needed to Track Suspects by GPS in Ninth Circuit

On August 12, 2010, the 9th Circuit Court of Appeals denied a petition for rehearing of U.S. v. Pineda-Moreno by the entire panel. Thus, the original decision issued on January 11, 2010 stands. Previously, the three judge panel determined that it is not contrary to the Fourth Amendment of the U.S. Constitution for law enforcement authorities […]

Read More

Ineffective Assistance of Counsel Requires Deficiency and Prejudice to Verdict

On March 24, 2009, the U.S. Supreme Court reiterated to Mirzayance that in order to succeed on a claim for ineffective assistance of defense counsel, there must be both “deficient performance” by counsel and “prejudice” at trial due to the deficient performance. Knowles v. Mirzayance, 556 U.S. ___ (2009), Slip Op. at *15. Mirzayance claimed […]

Read More

Berghuis v. Thompkins – Latest Miranda Rights Case

On June 1, 2010, the U.S. Supreme Court issued its latest opinion interpreting Miranda rights and specifically the right to remain silent during interrogation. Berghuis v. Thompkins, 560 U.S. ___ (2010). This case arises out of the Sixth Circuit (Michigan) where a fatal shooting occurred at a mall. Id., Slip Op. at *2. Defendant Thompkins […]

Read More