Tomorrow I’m going to Mexico for a week of vacation. I should arrive just in time to catch Hurricane Gustav. I still haven’t decided whether to bring the laptop. Expect light blogging, if any, for the next 7 days. Hopefully there won’t be an evacuation.
I represent clients for whom English is not their first language. In my experience most of these defendants do not realize that in America, you are under no obligation to cooperate with the police.
These clients are shocked to learn that they could have refused field sobriety testing or refused to let the police search. Therefore, with the the help of my translation program any my wonderful assistant Reyna, I am going to republish my earlier post, Can I Search Your Car, in Spanish.
It’s important that all defendants understand that in America, you have the right to remain silent and not produce evidence against yourself, even if you don’t speak English. I know many readers get this sent out via email and may not appreciate old material in a new language. Let me apologize in advance.
I’m going to Mexico next week. I’m debating whether to bring my laptop. I’d like the option to stay connected while on vacation. However, bringing a laptop to the airport gives the government the unilateral right to seize it without cause. The odds aren’t very high that TSA, Customs, or DHS would take my laptop. Still, this is my only laptop, it contains my privileged attorney work product, and I don’t want some flunkie bureaucrat molesting my computer.
I’ve blogged before about the warrantless suspicionless laptop seizure program. Department Of Homeland Security- Protecting Freedom By Repealing The 4th Amendment .
Why does DHS need your computer? Just ask the Department of Homeland Security blog, the “Leadership Journal”. In this post, Jayson Ahern, the Deputy Commissioner of Border and Customs, explains why Americans should want the federal government to seize computers without cause.
More Death and Violence in Mexico
DMN reports on the escalating drug war in Mexico. Violence is reaching new levels as drug cartels fight for the right to sell drugs to Americans. The headline to the story is promising- As Juárez violence escalates, debate rages on whether Mexico’s drug war is working
However, DMN never actually questions if Mexico should abandon Prohibition. The emphasis is on whether Mexico is doing enough to stop the cartels. With two mass killings in recent days, more than 1,200 people have been killed statewide in drug-related violence this year, according to tallies kept by Mexican media. From DMN, brought to you by the DEA-
I’m jumping in late on the 21 drinking age debate. Any law that is nearly universally ignored should be abandoned. That being said, the 21 drinking age law is not without value. It does teach young Americans valuable lessons about the criminal justice system.
Lesson One
Some laws are stupid. Stupid laws can be enforced as vigorously as good laws. This enforcement creates disdain for law enforcement among groups who would otherwise support law enforcement.
Since the Court of Criminal Appeals granted a stay of execution for Attorney Client privilege I haven’t blogged about the subject. I think it’s time to start the conversation again.
One thing that the ACP protects is your attorney’s work product, his files, his notes etc. Without attorney client privilege the State could issue a warrant and seize your attorney’s files. Think that wouldn’t happen? You must not practice law in Collin County.
TCDLA sent this email today detailing the police raid on defense lawyer Keith Gore’s office. Keith was under suspicion from local authorities for allegedly representing a criminal defendant in Collin County.
The police thought Keith may have actual physical evidence in his possession. There was a subpoena issued for the evidence and the police raided Keith’s office. No physical evidence was found, so the police took Mr. Gore’s files instead. This is the sort of skullduggery that attorney client privilege and work product doctrine are supposed to protect.
From TCDLA-
Attached is the Amicus brief filed August 5 in Collin County on behalf of TCDLA, in support of Keith Gore. To see the brief please click on this link: http://www.tcdla.com/docs/AMICUS%20BRIEF%20FIILED%208-5-08.pdf
As you may know, the issue here concerns the search of a lawyer’s office, which resulted in the seizure of a box of documents. On February 29, 2008, TCDLA Member Keith Gore from McKinney had his office searched pursuant to a search warrant. Before the warrant was signed, the Collin County Grand Jury had issued a grand jury subpoena for certain evidence believed to be in Gore’s possession regarding his defense of a person accused of capital murder. Gore properly filed a motion to quash the subpoena and set a hearing. Before the hearing could be held, the State obtained the search warrant.This is a matter of highest importance to TCDLA. Keith Gore is a highly respected lawyer and member. Gore was defending his client and the State’s ability to obtain evidence in his possession through proper legal means. The State denied Gore the opportunity to be heard at the hearing on the motion by obtaining the search warrant.
A hearing was held today on the defendant’s motion to recuse the judge, who had heard the motion on stipulated evidence. The court was concerned that the judge issuing the search warrant knew about the hearing on the motion to quash before he signed the warrant and that the judge issuing the search warrant became a chain of custody witness because he opened a sealed box. The opening of the sealed box is disputed, the judge saying he didn’t and the police saying he did.
Thanks to everyone who showed up for the hearing. We should have a ruling on or after August 15, 2008.
Recently, the Department of Homeland Security gave it self the power to seize the laptops of airport travelers. DHS unilaterally decided that it may steal your computer without cause and keep it forever. In order to protect your freedom DHS has repealed the 4th Amendment- From the founding fathers-
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Stealing laptops without cause would seem to qualify as an unreasonable seizure.Unfortunately, the 9th Circuit Court of Appeals recently upheld this despicable practice. I wouldn’t hold my breath for a supreme court reversal.
This is a piece I wrote for the Ellis County Press on plea bargains.
Joe Goodguy is charged with aggravated assault with a deadly weapon, a second degree felony. The criminal case against Joe has problems. The “victim,” Bob Badguy, is a felon who was high on crack during the offense. Joe is a decorated elementary school teacher with a clean record. Finally, the prosecutor has a murder trial next week and 100 other serious felony cases to work on.
The prosecutor offers a plea bargain. If Joe will plead guilty the prosecutor will reduce the charge to a misdemeanor and put Joe on probation. Joe speaks with his defense lawyer and accepts the plea bargain. Plea bargaining is the process in which the state and defendant reach an agreement on punishment in exchange for the defendant’s guilty plea.Plea bargains are reality in every court in Texas. In my experience, more than 90 percent of criminal cases are resolved via plea bargain.
An anonymous commenter posted this reaction to my interview with Dr. Greg Kane, an expert witness.
Wow!! Amazing!! A man who wants money from defense lawyers states that nothing LE does is correct?? What are the odds of that?
Dr. Kane detailed the statistical manipulation used to legitimize field sobriety testing. Dr. Kane is available for hire by any attorney, State or defense.
Louis Brandeis was a Supreme Court Justice from 1916 to 1939. He invented the Brandeis Brief, a collection of empirical data to help guide SCOTUS decisions. Justice Brandeis has many memorable quotes in his opinions. The current DWI hysteria that has led to blood draw warrants inspired me to choose this one.
Experience should teach us to be most on our guard to protect liberty when the government’s purposes are beneficent. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers. The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding.
This quote is from a SCOTUS case regarding government wiretaps. Brandeis dissented a decision that found telephone wiretaps “reasonable” under the 4th Amendment. For more quotes from LB click here.
Dallas Criminal Defense Lawyer Blog