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Criminal Law

Amended safe harbor statute applies in drug case (access required)

Where defendant was charged with possessing methamphetamine after the police were called to assist with her alleged overdose, the amended version of a safe harbor statute enacted after the date of defendant’s alleged offense applies to the case. Background On ...

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Lawyers disqualified over conflict with potential co-conspirator (access required)

Two defense attorneys for a man charged in a multi-count drug, money laundering and racketeering conspiracy were disqualified because they were being paid, in part, by a potential co-conspirator, giving rise to “an actual serious conflict” that could not be ...

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Informant’s tip, other factors supported vehicle stop (access required)

Where a detailed and largely accurate tip from a reliable confidential informant, together with police knowledge of the defendant’s involvement in a prior drug trafficking investigation, his criminal history and his presence at a hotel known for drug trafficking provided ...

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Defendant may be told identity of confidential informant (access required)

The defendant was entitled to know the identity of the confidential informant who witnessed three controlled drug buys. Although the government argued an undercover officer could corroborate the buys and that it had audio and video of the transactions, these ...

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Permit requirement insufficient for traffic stop (access required)

Although regulations prohibit “commercial vehicles” from driving on the George Washington Parkway unless authorized by permit, the mere fact the defendant was driving a commercial vehicle on the parkway did not provide a basis to stop his vehicle. The marijuana ...

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