Category Archives: Constitutional Law

Fourth Amendment bars ordering a suspect’s erection – Fairfax criminal atty

Fourth Amendment bars ordering a suspect’s erection – Fairfax criminal lawyer Fourth Amendment bars ordering a suspect’s erection. Fortunately, the United States Court of Appeals for the Fourth Circuit has this month confirmed that the Fourth Amendment to the United States Constitution bars ordering a male criminal suspect to produce an erection. Sims v. Labowitz & Richardson  , ___ F.3d. ___ (4th Cir., Dec. 5, 2017).  Sims comes in the context of the Court’s permitting a lawsuit to proceed forward against the estate of a since-deceased Prince William County, Virginia police officer who obtained and executed a search warrant from a Virginia court magistrate (but not against the prosecutor  who instructed the officer to obtain the warrant) whereby the officer ordered a juvenile sexting juvenile suspect to masturbate in order to produce an erection. I originally covered this story when it originated in 2014. The story got worse when….. To continue reading this legal news please click Read full information...

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DC Transit Authority's Ban On Religious Ads Upheld

In Archdiocese of Washington v. Washington Metropolitan Area Transit Authority, (D DC, Dec. 8, 2017), the DC federal district court upheld advertising Guidelines of the Washington Metropolitan Area Transit Authority which, among other things, bar transit vehicle ads "that promote or oppose any religion, religious practice or belief."  The Catholic Archdiocese challenged the application of this Guideline after WMATA refused to allow the Archdiocese's "Find the Perfect Gift" Christmas campaign ad.  The ad, intended for the exterior of public buses, was designed "to invite the public to consider the spiritual meaning of Christmas…" Denying a preliminary injunction, the court found that plaintiff is unlikely to succeed  on the merits of its free speech, free exercise, equal protection or RFRA arguments.Rejecting the Archdiocese's free speech claim, the court held that the exterior of a bus in not a "public….. To continue reading this legal news please click Read full information...

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Judge Kozinski Impeachment Hearings

The story in today's Washington Post about Judge Alex Kozinski's alleged conduct towards some of his law clerks and other employees in the Ninth Circuit should trigger a formal inquiry by the House Judiciary Committee. I'll reserve judgment on whether Judge Kozinski has committed a high crime and misdemeanor under the Constitution, but the question should be reviewed by the institution with the authority to decide that question. Perhaps, in the end, the answer will be that the most appropriate sanction is some sort of censure or reprimand by the Ninth Circuit... To continue reading this legal news please click Read full information...

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Law Enforcement Basics and data

Like every other city or country, you will find people who do bad things to others. Anywhere you can find snatchers, thieves, burglars, killers, and other types of crime. Because crime can be found all over the world and it’s also considered to be unending, as the world has numerous problems, enforcement of these laws to safeguard the residents and others should be implemented... To continue reading this legal news please click Read full information...

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The Voice of the People

The idea was that the grand jury was a group of independent citizens who would investigate and decide whether there was enough evidence (probable cause) to charge someone with a crime. That’s an oversimplification, of course, but it gets at the general idea. The grand jury was designed to protect people from overzealous prosecution... To continue reading this legal news please click Read full information...

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