The Exclusionary Rule Exceptions

The exclusionary rule states that illegally obtained evidence and statements obtained through an illegal interrogation, in violation of the Fourth, Fifth, or Sixth Amendment of the United States Constitution, are inadmissible at the criminal trial of a person whose rights were violated. In basic terms, the illegally obtained evidence cannot be used against the defendant…. Read More

Mandatory Sentencing Minimums

In March of 2016 the United States Sentencing Commission detailed that more than half (56.8%) of offenders in the federal prison population were convicted of an offense carrying a mandatory minimum penalty. What are Mandatory Minimums? Mandatory minimums are sentencing laws that require a specific minimum prison term to be imposed on offenders who are… Read More

Miranda Rights Suppression Appealed

In previous articles we have explored what Miranda rights are and the exceptions that apply. In this article we will discuss an example of Miranda rights that were breached and then brought to the Ninth Circuit Court of Appeals. What Is Considered A Routine Booking Question? The following conversation took place at 2:30 a.m. at… Read More

Cybercrime Reaches Far and Wide

With the vast developments in technology, “cybercrime” now covers a large array of acts involving computers, smartphones, and other devices. As convenient as it is to have access to so much new new technology, our legal system is struggling to respond to and define “cybercrime.” This can cause problems when prosecutors attempt to argue that… Read More

Exceptions to Miranda Rights

In a previous article, we explored Miranda rights. As previously discussed, a police officer must read you your Miranda rights when you are in a custodial interrogation. However, there are certain exceptions to this general rule, which are highlighted below. Routine Traffic Stops for Traffic Violations A routine traffic stop does involve a significant restraint… Read More