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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, […]

Governor Gavin Newsom through Executive Order N-33-20 made the determination that all Californians had to stay-at-home amid the pandemic. Effective as of March 19, the state was essentially shut-down. Now, weeks later, with businesses shut down, massive job losses, and increasing unrest, some people are ignoring the order and hitting the streets. Naomi Soria, 27, […]

A 38-year old man was arrested and put in jail on suspicion of attempting to sexually assault a woman. The San Diego County Sheriff’s Department indicated that the incident allegedly occurred during the daytime at approximately 10:30 a.m. at the Poway Community Park on Civic Center Drive. The man was identified as Ryan Joseph Rasmussen. […]

There were six DUI arrests made on a Saturday night last month. The San Diego Police set up a downtown checkpoint at the 1400 block of G Street and there were 1,765 vehicles that drove through the site. Out of the vehicles that passed through, 526 were screened. The checkpoint was successful in stopping approximately […]

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 […]

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