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Criminal Law

Remote location of defendant’s house necessitated wiretap (access required)

Where agents demonstrated that a wiretap was necessary in light of the defendant’s remote location and the lack of success that traditional investigative methods had against his co-conspirator, the defendant charged with conspiracy could not suppress the evidence. Background Demetrius ...

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Court applies FIRST STEP Act to defendant’s sentence (access required)

Where the court acted pursuant to the Formerly Incarcerated Reenter Society Transformed Safety Transitioning Every Person Act, or FIRST STEP Act, passed by Congress in December 2018 to address the mass incarceration of persons sentenced when the Sentencing Guidelines were ...

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Clothes in disabled vehicle admissible as inevitable discovery (access required)

Where an officer conducted an illegal search of a defendant’s disabled vehicle and discovered clothing connecting the defendant to a recent robbery, the discovered clothing did not need to be suppressed because the clothing would inevitably have been discovered during ...

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Traffic infractions, smell of drugs justified vehicle stop (access required)

Where a patrol officer had probable cause to stop a vehicle after observing the commission of multiple traffic infractions, and had probable cause to extend the stop and search the vehicle, as well as its occupants, after smelling marijuana the ...

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Doctor acquitted of drug trafficking charge (access required)

Although the court sustained the jury’s convictions on the counts for distributing controlled substances without a legitimate medical purpose or beyond the bounds of medical practice, it acquitted the defendant on the possession with the intent to distribute controlled substances ...

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Defendant’s challenges to conviction largely dismissed as harmless error (access required)

Where the trial court refused to allow testimony about the victim’s violence and where the court denied a motion for mistrial based on juror bias, the errors claimed by the defendant were harmless in light of the overwhelming evidence of ...

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