Search Results for: constitutional

U.S. 9th Circuit Court of Appeals Judges Jay S. Bybee, a George W. Bush appointee, and Stephen Reinhardt, appointed by President Carter, are expressing their frustrations in a California Supreme Court ruling that would allow a state prisoner to challenge his detention in federal court. The case, Freddy Curial v. California dealt with legal deadlines, […]

In an unprecedented case, Apple, the ever-popular electronics company, has argued that the FBI is violating its constitutional First amendment rights. In a 36-page legal brief submitted in the District Court: Central District of California, Apple made its first formal rebuttal to a court order ordering Apple to code a software that would make it […]

As Baltimore becomes the latest casualty of events transpiring from police brutality, another Justice Department investigation is underway for the multitude of constitutional rights Freddie Gray may have suffered at the hands of police.  Most people don’t think of criminal law as being fundamentally intertwined with our basic constitutional rights, or even as a ‘subsect’ […]

Earlier this Week, the California Supreme Court decided unanimously that blanket, statewide bans on where sex offenders may not live (“Jessica’s Law”) violate the constitutional rights of parolees in San Diego County.  Jessica’s Law (aka Proposition 83), named after a 9-year-old girl who fell victim to a sex offender who failed to report his whereabouts, […]

With Memorial Day in our rear-view, we have entered what law enforcement calls the 100 dangerous days of summer on the roads. According to California Highway Patrol (CHP), there were 1,099 DUI arrests made in California this past Memorial Day weekend, averaging 14 arrests per hour. This is a 4% increase from last year. In […]

The State of California has not executed an individual since 2006, when its capital punishment procedures relating to lethal injections were declared unconstitutional by the U.S. Court of Appeals for the Ninth Circuit, in Morales v. Tilton, 465 F.Supp. 2d 972 (N.D. Cal 2006). California authorizes capital punishment by gas or lethal injection. The state […]

An arrest is an undeniably traumatic experience. The simple question, am I free to go, will be answered with an affirmative “no.” Keep in mind that once the police officer starts the arrest process, he or she has probable cause to believe that you have committed a crime. If during the arrest process, you resist […]

Most people’s contact with police occurs in their cars. Drivers routinely get stopped and cited for traffic and moving violations. Sometimes people are stopped because their vehicle matches a description of a vehicle of interest in a police investigation, or at a sobriety checkpoint during the holidays, or at the site of a car accident. […]

California appears to be on the cusp of initiating a statewide reform of their bail laws. The state’s notoriously high rates for bail have put it first in the nation, with an average bail of almost $50,000 per person accused of a crime. Critics of the current system argue that the high costs are unjustified […]