McCormack v State – a weapons frisk is not authority to open a discovered pill container
McCormack v. State, A13A1390, November 22, 2013. James McCormack was stopped by police for walking in the roadway and obstructing traffic. He had a knife clipped to his belt so the Officer investigating McCormack for walking in the roadway performed a search for weapons for officer safety known as a Terry frisk. No weapons were […]
Read MorePolice Officer admits never reading US Constitution but claims DUI road block is Constitutional?
The Daily Paul reported on December 15, 2013, that a California Police Officer who claimed a roadblock was Constitutional and legal had never read the Bill of Rights of the U.S. Constitution. Fourth Amendment to the United States Constitution: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches […]
Read MoreAllen v State tipsters must give more information than Dodge Charger for police stop
Allen v. State, A13A1051, November 22, 2013. The Court of Appeals reversed the denial of Deondrez Allen’s motion to suppress the marijuana found in her Dodge Charger. A be on the lookout or BOLO was given for a Silver Dodge Charger that was involved in several armed robberies over days in unincorporated Fulton County on […]
Read MoreHeard v State – consent to search is no good where reason for stop is wrong
Heard v. State, A13A0853, Court of Appeals of Georgia, Decided: November 22, 2013. James Heard was stopped by police in Franklin County because the Police Captain had told the Officer that a vehicle matching his car’s description had been involved in drug activity and because no tag validation sticker was visible. It turned out that the […]
Read MoreSpragins v. State – when is a one man roadblock legal
Spragins v. State, A13A0941, November 20, 2013. John Spragins has stopped a roadblock in Coweta County and was arrested for DUI. He appeals arguing that the roadblock was illegal in that vehicles were waived through because there was only one officer available to check them. A Lieutenant verbally instructed officers to conduct a DUI roadblock […]
Read MoreState v. Hughes – the seige on standard of review continues and de novo wins again
State v. Hughes, A13A1399, Court of Appeals of Georgia, November 21, 2013. The Court of Appeals reversed the Trial Court in Columbus after granting a motion on probable cause that suppressed a blood test in a felony vehicular homicide. This case represents another in a long line of recent cases where traditionally an erroneous or any […]
Read MoreThe law of unintended consequences never goes out of style
The San Francisco Gate reported a story about a man who went to jail for life for forging an $83.00 check. The story focuses on how prosecutors threaten people with extreme sentences to coerce them into pleading guilty to crimes in which they believe they are innocent. What this highlights is the law of unintended consequences […]
Read MoreAmerican Bar Association creates criminal collateral consequences database
The American Bar Association has developed a search engine for collateral consequences of criminal convictions. You can search the consequences of criminal convictions by keyword or consequence such as employment or driving privileges. You can also search by type of criminal offense. It searches state and federal laws as well as administrative regulations. Using the keyword […]
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