The Sixth Amendment to the U.S. Constitution doesn't specifically grant criminal defendants the right to a unanimous jury, but the protection is so fundamental to justice that it is assumed. This is according to a majority of the U.S. Supreme Court led by Justice Neil Gorsuch.
The Fourth Amendment of the United States Constitution prohibits "unreasonable" searches and seizures by the government, including police officers. A search or seizure can be anything from a momentary stop to a full search and arrest. Over the years, courts have worked hard to determine what should be considered "reasonable."
Traditionally, the insanity defense has been available in two situations:
Recently, the libertarian Reason magazine called attention to Linn County. The Sheriff's Office there has just purchased a BearCat G2 armored vehicle for $297,061. They apparently got the money for the military vehicle through civil asset forfeiture.
If you are pulled over for OWI, stay awake. You lose some of the constitution's protection if you pass out, according to a new ruling by the U.S. Supreme Court. If you remain awake, law enforcement officers must obtain a warrant before drawing your blood for a chemical test. If you're unconscious, however, they can draw your blood without bothering to get a warrant.
Terance Gamble was convicted of second-degree robbery and domestic violence charges in Alabama, both of which made it illegal for him to purchase or carry firearms under Alabama and federal law. In 2015, he was pulled over for a missing headlight. An officer searched his car and found marijuana and a handgun.
Did you know that your property can be seized simply because you have been accused of a certain crime? You don't even have to be convicted. When police decide your money or property is connected to criminal activity, they can seize it in what is called a civil forfeiture proceeding.
The U.S. Supreme Court has agreed to take up a case that could have an important impact on Iowa law. At issue is whether police need a warrant before drawing the blood of an unconscious suspect in order to determine his level of intoxication.
For the purposes of the federal Armed Career Criminal Act (ACCA), burglary is considered a violent felony. When someone has two or more violent felony convictions, whether state or federal crimes, they may encounter the ACCA if they are then convicted federally of unlawful firearms possession. Such a conviction carries a mandatory 15-year prison sentence.
The use of civil forfeitures has been called "policing for profit." The civil forfeiture process usually begins when someone is charged with a crime, either at the state or federal level. At that point, police and prosecutors may find that some of the defendant's money or property is connected to criminal activity. In essence, the prosecutor charges these valuables with being connected to or the proceeds of crime. The defendant bears the burden of proving that they were not. If the defendant fails to prove that, the police and prosecutor's office get to seize the money and property permanently -- even if the defendant has not yet been convicted of any crime.