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Felonies Archives

Could Apple's FaceID raise Fifth Amendment concerns?

It is expected that people will marvel over the newest release from Apple. The iPhone X is arguably the most advanced smartphone the computer maker has ever produced, and will have major technological updates, such as faster processing, longer battery life and wireless charging.

Do police sometimes conduct illegal searches?

We hope our readers had a fund and entertaining Labor Day weekend. In our last post, we highlighted the possibility that law enforcement agencies may overstep their Fourth Amendment constraints by seeking information not necessarily covered in search warrants or attempting to obtain warrants for electronic information without the requisite probable cause.

How the state police may decide to cite you

It’s not very often that we talk about traffic violations on this blog, but we find it important enough to discuss them through this post for a variety of reasons. First, with Labor Day weekend coming soon, traffic enforcement will undoubtedly be higher, especially because the possibility of having more drunk drivers and distracted drivers on the road raises the potential for an accident.

Should you always trust evidence from the crime lab?

If you are charged with a crime and are required to submit to testing so that authorities can collect relevant evidence against you, chances are that it is a crime lab that will analyze the samples you provide. The same could be said for investigations geared towards finding suspects for crimes.

Things to consider before answering questions for the police

If you have ever been asked by the police to answer questions in the investigation of a crime, you may think that talking to investigators will be okay. After all, the police will make it seem like having a conversation is nothing to worry about, especially if they say that you are not under investigation, and that it should not be a long conversation.

Why police officers need warrants to search cell phones

Because cell phones, laptops and tablets are ubiquitous within our society, many criminal investigations involve the seizure and search of electronic devices. In some cases, the right to canvass private devices for information is obvious, but in others, law enforcement may overstep their bounds. In fact, the U.S. Supreme Court court ruled unanimously in Riley v. California that law enforcement officers must obtain a search warrant before combing through a suspect’s cell phone for information to link him (or her) to a crime.

Should police departments control access to body cam videos?

Over the past few years, more police departments have embraced the use of body cameras which create video footage of encounters with the public. The interest in these devices is ostensibly based on the public’s desire to have more accountability with policing. However, the growing trend is that such footage is only being used to protect police officers from liability.

What Sessions' recent memo means for federal criminal defendants

After nearly five years of criminal justice reform regarding drug crime prosecutions and sentencing, U.S. Attorney General Jeff Sessions appears to be rolling back such efforts. According to a recent Atlantic.com report, Sessions has instructed federal prosecutors across the nation to “seek the strongest possible charges and sentences against defendants they target.”

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