Posts Tagged 'Chico criminal defense'

Reasonable mistake of law can generate reasonable suspicion, Supreme Court holds

The Supreme Court has handed down Heien v. North Carolina, the Fourth Amendment case deciding whether the Fourth Amendment is violated when an officer pulls over a car based on a reasonable but mistaken belief that the traffic laws prohibit the driver’s conduct. The Court ruled 8-1, per Chief Justice Roberts, that the Fourth Amendment is not violated in such circumstances.

Read the full article here:
http://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/12/15/reasonable-mistake-of-law-can-generate-reasonable-suspicion-supreme-court-holds/

Corie Caraway
Caraway Law Firm
550 Salem Street, Suite 3
Chico, California 95928
Phone: (530) 342-3912

Government requests for Facebook user data are up 24% in six months

Government requests for Facebook data increased 24% in just six months, the social media giant said Tuesday, and nearly half of those requests came from the United States.

Between January and June, governments across the globe made 34,946 requests for data, according to the Menlo Park, Calif., company’s latest transparency report. The United States was responsible for 15,433 of those requests, spanning 23,667 accounts.

Read the full article here:

http://www.latimes.com/business/technology/la-fi-tn-government-data-requests-facebook-20141104-story.html

Corie Caraway
Caraway Law Firm
550 Salem Street, Suite 3
Chico, California 95928
Phone: (530) 342-3912

Judges Skeptical NSA Spying Violates Privacy Rights

 A federal appeals court appears largely unconvinced that the government’s once-secret practice of collecting virtually all Americans’ phone records violates the Constitution.

A panel of three Republican-nominated judges on the D.C. Circuit Court of Appeals challenged arguments made Tuesday by a conservative activist and civil-liberties groups that the National Security Agency’s mass-surveillance program represents a breach of the Fourth Amendment, which guards against unreasonable searches.

Read the full article here:

http://www.nationaljournal.com/tech/judges-skeptical-nsa-spying-violates-privacy-rights-20141104

Corie Caraway
Caraway Law Firm
550 Salem Street, Suite 3
Chico, California 95928
Phone: (530) 342-3912

Judges to Begin Weighing Shorter Sentences for Thousands of Inmates

Last Saturday, federal judges began reviewing the cases of tens of thousands of federal prisoners who may be eligible for a reduced sentence.

The U.S. Sentencing Commission estimates that more than 46,000 inmates could receive a shorter sentence — an average of about two years off their total — following a tweak to the sentencing guidelines that altered the formula for calculating penalties for drug-trafficking offenses.

Read the full article here:

http://blogs.wsj.com/law/2014/10/31/judges-to-begin-weighing-shorter-sentences-for-thousands-of-inmates/

Corie Caraway
Caraway Law Firm
550 Salem Street, Suite 3
Chico, California 95928
Phone: (530) 342-3912

Law Lets I.R.S. Seize Accounts on Suspicion, No Crime Required

Using a law designed to catch drug traffickers, racketeers and terrorists by tracking their cash, the government has gone after run-of-the-mill business owners and wage earners without so much as an allegation that they have committed serious crimes. The government can take the money without ever filing a criminal complaint, and the owners are left to prove they are innocent. Many give up.

Read the full article here:

http://www.nytimes.com/2014/10/26/us/law-lets-irs-seize-accounts-on-suspicion-no-crime-required.html

Corie Caraway
Caraway Law Firm
550 Salem Street, Suite 3
Chico, California 95928
Phone: (530) 342-3912

U.S. top court to decide police access to hotel guest registries

 

The U.S. Supreme Court on Monday agreed to decide whether hotel operators have grounds to challenge a Los Angeles city ordinance that allows police to view guest registries, a power that local officials say helps them investigate crimes including prostitution.

 

The City of Los Angeles asked the Supreme Court to intervene after an appeals court said the ordinance violated the U.S. Constitution’s Fourth Amendment, which protects against unlawful searches and seizures.

Read the full article here:

http://mobile.reuters.com/article/idUSL2N0SF0U020141020?irpc=932

Corie Caraway
Caraway Law Firm
550 Salem Street, Suite 3
Chico, California 95928
Phone: (530) 342-3912

Florida high court says police need warrants to track cellphones

The Florida Supreme Court ruled Thursday that police must get warrants to track criminal suspects by monitoring their cellphone location signals.

Check out the article here:

http://www.reuters.com/article/2014/10/16/usa-florida-cellphones-privacy-idUSL2N0SB3QE20141016?irpc=932

Corie Caraway
Caraway Law Firm
550 Salem Street, Suite 3
Chico, California 95928
Phone: (530) 342-3912

‘You Have The Right To Remain Silent.’ Or Do You?

“You have the right to remain silent.”

Any devotee of TV crime dramas or police procedural shows hears the phrase regularly. But new court decisions in recent years have chipped away at that principle.

Check out the following article in which a defendants silence is used against them in court.

http://www.npr.org/2014/10/05/353893046/you-have-the-right-to-remain-silent-or-do-you

Corie Caraway
Caraway Law Firm
550 Salem Street, Suite 3
Chico, California 95928
Phone: (530) 342-3912

Showdown Over Landmark Housing Law Looms at U.S. Supreme Court

Over the past four decades, U.S. courts have ruled that plaintiffs making discrimination claims under the Fair Housing Act don’t have to prove intentional bias.

Civil Rights advocates simply have to show that lenders, insurers, developers or government agencies acted in ways that had a “disparate,” or unequal, impact on minority groups.

Now, the Supreme Court is weighing whether to hear an appeal from Texas officials who argue that intent to discriminate must be proven and that the “disparate impact” standard is too loose an interpretation of the landmark 1968 law that prohibited discrimination in housing.

Read the full article here:

http://www.bloomberg.com/news/2014-09-25/showdown-over-landmark-housing-law-looms-at-u-s-supreme-court.html

Corie Caraway
Caraway Law Firm
550 Salem Street, Suite 3
Chico, California 95928
Phone: (530) 342-3912

Stop and Seize- Aggressive police take hundreds of millions of dollars from motorists not charged with crimes

 

After the terror attacks on Sept. 11, 2001, the government called on police to become the eyes and ears of homeland security on America’s highways.

 

Local officers, county deputies and state troopers were encouraged to act more aggressively in searching for suspicious people, drugs and other contraband. The departments of Homeland Security and Justice spent millions on police training.

Read the full article here:

http://www.washingtonpost.com/sf/investigative/2014/09/06/stop-and-seize/?hpid=z2

Corie Caraway
Caraway Law Firm
550 Salem Street, Suite 3
Chico, California 95928
Phone: (530) 342-3912