Posted in Criminal Law,Latest News on January 25, 2016
DUI files are public records. Employers, co-workers, landlords, and friends can find records of a DUI conviction through simple searches or through more expensive backgrounds checks. But is there a way to seal those records? In Ober v. Okla. Dept. of Public Safety, (issued Jan. 5, 2016) the Oklahoma Court of Civil Appeals affirmed its… read more…
Police cannot recklessly ignore possibility of false confessionPosted in Civil Rights on January 22, 2016
Are police liable under the Fourth Amendment where they seek an arrest based on a confession they either knew was untrue or recklessly ignored that possibility? In Sanchez v. Hartley, the Tenth Circuit answered that question in the affirmative. The case arises from a burglary and sexual assault where police interrogated Mr. Sanchez, an18-year-old with… read more…
Our Fourth Amendment Rights and Theft by PolicePosted in Civil Rights on January 11, 2016
If police officers steal items during a search, does that theft render the search invalid under the Fourth Amendment? Not according to the Tenth Circuit. In United States v. Webster, police officers stole an iPhone, a PlayStation gaming system, 100 dollars in cash, and a Flip Camcorder during a warrant search for drugs. The victim, (the subject of… read more…