January 2012 - Federal Criminal Law Center

Supreme Court says GPS tracking requires search warrant

Posted by Marcia Shein
On January 26, 2012
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As you know, the Fourth Amendment of the Constitution protects us all from unreasonable search and seizure. This week, the U.S. Supreme Court ruled that the use of GPS tracking devices without a warrant constituted a search. This decision by the Supreme Court affirms a reversal of the suspects conviction. Too often, when the rights […]

Posted by Marcia Shein
On January 24, 2012
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The accepted narrative for the criminal justice system is that law enforcement officials are always on the side of justice, protecting us from criminal bandits. But outside of Spaghetti Westerns, this narrative is a gross oversimplification of reality. In many instances, the “criminal bandits” are not criminals at all, but instead innocent civilians who are […]

Posted by Marcia Shein
On January 20, 2012
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When facing federal criminal charges, a person can feel like they have few options. Of course, federal investigators and prosecutors attempt to make it seem like a conviction and lengthy sentence are a foregone conclusion. But individuals accused of crimes still have rights, and they can exercise these rights to contest the criminal charges against […]

Posted by Marcia Shein
On January 18, 2012
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Earlier this month, we shared a story with you about how Georgia is poised to reconsider some of its harsh criminal sentencing policies. As that process moves forward, it will be interesting to see whether policymakers also address various enhancements that can be tacked onto drug charges. While sentences for drug possession and possession with […]

Posted by Marcia Shein
On January 13, 2012
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The American dream of owning a nice home can be a very compelling motivator. Before the housing bubble burst, many people were willing to go to extreme lengths to have homes of their own. The seemingly ever rising home values combined with federal incentives for home ownership made buying a home seem like a situation […]

Posted by Marcia Shein
On January 11, 2012
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One of the goals of criminal prosecutors is to make the jury believe that they have an airtight case. They would like the jury to think that all of the evidence and witness testimony points clearly to the guilt of the suspect. But as much as they may not want to, prosecutors are required to […]

Posted by Marcia Shein
On January 6, 2012
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In our last post we introduced the issue of criminal sentencing for non-violent offenders. We described how many non-violent offenders find themselves back in prison after getting out the first time because they have not had an opportunity to address the underlying substance abuse and mental health issues that played a role in their initial […]

Posted by Marcia Shein
On January 4, 2012
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Anyone who has had contact with the criminal justice system has likely seen this common scenario play out. An individual who has a mental health issue or substance abuse problem is convicted of a crime either directly or indirectly related to his underlying issue. The individual is sentenced to some amount of time of incarceration. […]

Supreme Court says GPS tracking requires search warrant

Atlanta prison guard charged with drug distribution

Suspect in Medicare fraud thought to have fled the country

Enhancements to criminal charges

Mortgage fraud charges related to misrepresenting income

Murder conviction overturned by U.S. Supreme Court

Georgia to reconsider harsh sentencing (part 2 of 2)

Georgia to reconsider harsh sentencing (part 1 of 2)