Since Mapp v. Ohio, the United States Supreme Court has held that evidence obtained as a result of a violation of the Fourth Amendment cannot be used in any criminal prosecution of a defendant. This is called the exclusionary rule, and it encompasses both the “primary evidence obtained as a direct result of an illegal search …
Continue reading An Invalid Stop Can Still Lead to Admissible Evidence?war on drugs
In the most aggressive criminal motion I have ever seen in my life, (and I’ve challenged the constitutionality of the move over law in traffic courts), a criminal defendant in California is challenging the constitutionality of the scheduling of marijuana as a schedule I narcotic. A hearing was held on the motion, which is …
Continue reading Hearing on Schedule Classification of MarijuanaU.N. Secretary-General Ban Ki-moon has withdrawn its invitation to Iran to participate in the Syria peace talks due in part to heavy opposition from the United States. If we were consistent on our policies with Iran, then we could make serious strides to resolution of some serious issues in that region. Alas, we bicker like …
Continue reading David’s Political RoundUp 1/20/2014 – UN pulls Iran from Syria Peace Talks, Omaha Explosion, Sochi Bombers, and Obama on Marijuana.