Traffic Stops are Seizures Under the Fourth Amendment

Posted by William Bly | Oct 04, 2017 | 0 Comments

In recent blog posts, weve delved into the important legal question of whether youve been “seized” by police, thus triggering your Fourth Amendment rights. Knowing the exact point when you were seized by police can make a huge difference because, if the seizure was unreasonable, any evidence ob...

Police Roadblocks and Sobriety Checkpoints are Seizures, Too

Posted by William Bly | Sep 26, 2017 | 0 Comments

In recent blog posts, weve been discussing what constitutes a “seizure” under the Fourth Amendment. If police “seize” you and that seizure turns out to be unreasonable, then the exclusionary rule applies and any evidence obtained from that seizure cant be used against you at trial. Unfortunatel...

Police Use of Deadly Force is Always a Seizure

Posted by William Bly | Sep 20, 2017 | 0 Comments

In the past few blog posts, weve started talking about what it means to be “seized” by police. Determining the precise moment when a seizure occurred is crucial because, if the seizure was unlawful under the Fourth Amendment, evidence obtained after it happened can be excluded from trial under t...

Maine v. Blier and the Spectrum of Police Detentions

Posted by William Bly | Sep 15, 2017 | 0 Comments

In our last blog post, we ended with a real-life situation from a Maine Supreme Court case, Maine v. Blier, which provides an excellent example of how the wide spectrum of possible police detentions makes talking about unreasonable seizures under the Fourth Amendment very difficult. What Happene...

Whether You've Been Seized By Police Is Not Always Clear

Posted by William Bly | Sep 13, 2017 | 0 Comments

The Fourth Amendment, one of the keystones of all criminal defense work, prohibits searches and seizures that are “unreasonable.” In the past on our blog, weve gone time and time again into the search aspect of the Fourth Amendment, from what searches are to the third party doctrine to the exclu...

Influential Judge Richard Posner Calls It Quits

Posted by William Bly | Sep 11, 2017 | 0 Comments

Richard Posner, one of the most important judges of the past fifty years – perhaps even more important than some of those who have sat on the Supreme Court of the United States – has suddenly declared that he is retiring. For better or for worse, Posners influence has been felt far and wide. Ca...

How Police Overreach Backfires on Law Enforcement

Posted by William Bly | Sep 07, 2017 | 0 Comments

This is the second and final blog post that deals with a recent viral video, showing a nurse in Utah getting violently arrested for refusing to let a detective perform a blood alcohol content (BAC) test on an unconscious driver. In our first post, we discussed how the BAC test would actually have...

Viral Video Shows Police Trying to Perform Illegal Search

Posted by William Bly | Sep 05, 2017 | 0 Comments

A recent viral video from Utah shows a detective unjustifiably trying to perform a blood alcohol content (BAC) test on an unconscious driver and arresting the nurse that stood up for that drivers rights. The situation highlights the cavalier attitude that many cops take to enforcing laws dealing...

When Police Can Cross Town Lines: The Fresh Pursuit Rule

Posted by William Bly | Aug 25, 2017 | 0 Comments

Theres a common misconception that police officers from one town have absolutely no power in another town. The truth, though, is far more nuanced in Maine. To make matters worse and more complicated, different municipalities can provide more or less authorization for their police to take action ...

Predictive Policing Contest Fraught With Problems

Posted by William Bly | Aug 16, 2017 | 0 Comments

The National Institute of Justice (NIJ), the agency of the U.S. Department of Justice thats responsible for research and development of law enforcement techniques, recently named the winners of its “Real-Time Crime Forecasting Challenge,” a data science contest for predictive policing with over ...

Tiger Woods Takes OUI Diversion Program in Plea Deal

Posted by William Bly | Aug 14, 2017 | 0 Comments

Back in June, legendary golfer Tiger Woods was arrested for operating under the influence (OUI) in Florida. As we detailed in our blog back then, hed been found asleep in his car on the side of the road, was disoriented when police apprehended him, and seemed impaired, despite blowing a 0.00% on...

Alternative Charges and Lesser Included Offenses

Posted by William Bly | Aug 11, 2017 | 0 Comments

In a recent blog post, we discussed lesser included offenses and the merger doctrine. Together, these two legal ideas prevent you from being convicted under different criminal statutes for the same act, in violation of the Double Jeopardy Clause of the U.S. Constitution. However, this only appli...

Teen Arrested Twice for OUI Within Three Hours

Posted by William Bly | Jun 19, 2017 | 0 Comments

A driver in Wisconsin was arrested for operating under the influence (OUI) twice in the span of three hours. The situation highlights the importance of letting alcohol dissipate after being arrested, and shows how other people can be pulled into the criminal justice system in an OUI case. Two OU...

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