By Ian Lopez | November 2, 2018
The Electronic Frontier Foundation's Andrew Crocker says that a controversial warrant employed in an FBI child pornography sting also recently waived on by other circuits is “really inconsistent with the idea of the Fourth Amendment.”
By Justin J. Santolli | November 2, 2018
The Third Circuit's recent decision serves to underscore that the law regarding the domestic injury requirement is still evolving and needs to be carefully monitored by those involved with or considering bringing RICO claims.
By Jim Saunders | November 2, 2018
The justices, in a 6-1 decision, rejected an appeal by Adam Shepard, who was convicted on a charge of manslaughter with a weapon after fatally striking Spencer Schott with a car in January 2011 following the altercation.
New York Law Journal | Analysis
By William F. Johnson | October 31, 2018
Corporate Crime columnist William F. Johnson writes: Can the guilty plea allocution of a corporation be admitted against an individual defendant in a criminal trial to prove the existence of a conspiracy? A recent evidentiary ruling in the Southern District of New York suggests it can, provided that “signatories” to the corporate plea agreement are available for cross-examination.
New York Law Journal | Analysis
By Martin A. Schwartz | October 30, 2018
In his Section 1983 Litigation column, Martin A. Schwartz continues his analysis of cases involving the use of Tasers. He writes: The critical Fourth Amendment issue is whether, under the totality of the circumstances facing the officer, the officer's use of her Taser was reasonable. In this column we identify the relevant circumstances in the totality of the circumstances, analyze their significance, describe discernible patterns in the decisional law, and discuss significant recent §1983 Taser decisions.
New York Law Journal | Analysis
By Professor Martin A. Schwartz | October 29, 2018
In his Section 1983 Litigation column, Martin A. Schwartz describes how Tasers operate and reviews the general Fourth Amendment and qualified immunity principles governing §1983 excessive force claims.
By Ian Lopez | October 26, 2018
The court agreed with appellant's argument that a magistrate judge issued a warrant beyond their scope, but found the investigators acted in good faith in executing the warrant.
The Legal Intelligencer | News
By Zack Needles | October 25, 2018
The justices ruled 4-3 to reverse a unanimous Superior Court decision upholding a Centre County trial judge's denial of defendant Randy Valdivia's motion to suppress all evidence seized from his vehicle during the traffic stop.
New York Law Journal | Analysis
By Vera M. Kachnowski and Peter J. Sluka | October 25, 2018
International Criminal Law and Enforcement columnists Vera M. Kachnowski and Peter J. Sluka write: Recent enforcement actions from U.S. and U.K. regulators highlight the risks companies face if their cybersecurity measures are deemed inadequate.
By Katheryn Tucker | October 24, 2018
“We find the evidence sufficient, but reverse her convictions because the trial court erred by admitting evidence of the subsequent act,” Presiding Judge Sara Doyle said.
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