The criminal justice system in the United States operates on a complex set of procedures designed to protect the rights of the accused while ensuring public safety. One crucial element of this system is the indictment process, which serves as a bridge between criminal investigations and formal charges. This process, rooted in constitutional principles, plays […]
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The inevitable discovery doctrine stands as a critical exception to the exclusionary rule in United States criminal procedure. This legal principle allows for the admission of evidence obtained through unconstitutional means if the prosecution can demonstrate that the evidence would have been discovered inevitably through lawful methods. The doctrine serves as a counterbalance to the
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The concept of malicious prosecution stands as a critical safeguard within the American legal system, providing recourse for individuals who have been subjected to baseless legal proceedings initiated with improper motives. This legal doctrine serves as a counterbalance to the power of prosecutors and private parties to bring charges, ensuring that the judicial process is
Malicious Prosecution: Legal Recourse for Wrongful Charges Read More »
The Fourth Amendment to the United States Constitution stands as a bulwark against unreasonable searches and seizures by government authorities. This fundamental protection requires law enforcement to obtain a warrant, supported by probable cause, before conducting most searches. However, the Supreme Court has recognized several exceptions to this warrant requirement, allowing police to act without
Warrantless Searches: When Police Can Act Without Permission Read More »
The Fourth Amendment of the United States Constitution provides crucial protections against unreasonable searches and seizures by government authorities. Understanding these rights is essential for every citizen, as they form a cornerstone of individual privacy and liberty in American society. This comprehensive guide explores the intricacies of search and seizure laws, their application in various
Search and Seizure Laws: Protecting Your Fourth Amendment Rights Read More »
Facing a DUI charge can be a daunting experience, but it’s crucial to understand that an arrest doesn’t automatically lead to a conviction. With the right defense strategies, you can effectively fight a drunk driving charge and potentially avoid severe consequences. This article will explore various tactics and legal approaches that can be employed to
DUI Defense Strategies: How to Fight a Drunk Driving Charge Read More »
By Keith Jordan, former Criminal Defense Attorney in Santa Clara County, California. Originally published in 2002 and reposted with permission from Crime, Justice and America magazine Can a police officer pull you over when you’re driving along minding your own business, or stop you when you’re walking down the street? Not without a reason to
How Probable Cause Allows You To Be Stopped, Detained, and Possibly Searched Read More »
