Insights
Fourth Amendment and Warrants for E-Mails
A few weeks ago this previous post discussed the fourth amendment and District of Columbia Magistrate Judge John Facciola's decisions rejecting the Government’s request for a search warrant of electronic communication. As noted, the decisions are interesting because...
Federal DUI/DWI in Virginia
Driving while under the influence of drugs or alcohol is an offense punishable under Virginia Code Ann 18.2-266. Under the influence includes a blood alcohol concentration (BAC) of .08 or merely being "under the influence" regardless of the BAC. That is, though most...
Fourth Amendment Developments
The text of the Fourth Amendment is seemingly straight forward: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause,...
Virginia Wounded Warrior Program
Connecting servicemembers, veterans, and their families to available resources has become increasingly difficult as both the number of veterans in need and the number of available veteran programs have expanded over the last decade. If an injured veteran is looking...
New Admissions to Military Appellate Courts
In addition to his previous admissions with the Court of Appeals for the Armed Forces and the Navy-Marine Corps Court of Criminal Appeals, Sam was recently admitted to practice in front of two additional military appellate courts: the Air Force Court of...
Fernandez v. California: The Fourth Amendment and Consent Searches
On Tuesday the Supreme Court decided Fernandez v. California (opinion here), which reassessed the government's right to search jointly occupied premises based on one of the occupant's consent. Government agents are generally required to obtain a warrant prior to...
Collateral Consequences of a Criminal Conviction
Attorney General Eric Holder made news this week when he urged states to repeal laws that prohibit felons from voting (the NYT's story is here). In addition to the civil rights issue that he raised, it is an important reminder that criminal convictions often have...
Congress and Sexual Assault Prosecutions in the Military
Sen. Kirsten Gillibrand, D-N.Y., is continuing her push to remove military commanders from their role in the prosecution of military sexual assault cases. In the latest news, covered here, she is fighting back against a recent report that recommended commanders keep...
