Category Archives: Evidence
Eavesdropping on Criminal Defense Lawyers: Attorney Overhearings as Evidence
Occasionally clients or potential clients will voice concerns about the safety of communication with their criminal defense lawyer. It’s understandable, given all the technological advances in snooping devices. Snooping Gizmos So You Can Eavesdrop Surf online and you can find all sorts of ways to listen into phone conversations, as well as monitor things being…
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FBI’s New Global Hacking Rule: Amended Federal Rule 41 Danger to Your Privacy
Last week, a letter was sent to the U.S. Attorney General signed by 23 Senators and Congressmen, both Republican and Democrat, asking for Loretta Lynch to explain how the new Federal Rule on federal search warrants for computers is going to work. Criminal defense lawyers have been worried about this new expansion of federal power…
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Lineups and Showups: What They Are and Why They’re Challenged
Lineups and Showups Use Eyewitness Testimony to Identify Suspects Watch most any TV detective show and sooner or later, you’re going to see the police (and sometimes prosecutors, too) identify their Bad Guy with a lineup or showup. These are popular ways for TV police to have eyewitnesses point the finger at the bad guy. …
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Who’s Running Dallas? Big Changes in Law Enforcement – Know Your Rights With Police
Major changes here in Dallas in the world of crime and criminal justice. Big ones. What’s the likelihood that rights will be trampled in the process? From a criminal defense perspective, all these changes are a red flag for wrongful arrests, unconstitutional searches and seizures, and more. Why? What’s going on here in North Texas?…
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Why Brendan Dassey Can’t Get Out of Jail Even Though Federal Judge Overturned His Conviction
Federal Criminal Appeals: Lessons from Netflix’s “Making a Murderer” Brendan Dassey Case How can a judge overturn a conviction as being wrongful and unjust, and the defendant still remain behind bars? That’s what is happening in the Brendan Dassey case — and it’s a great lesson to all of us on how the criminal justice…
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Social Media Arrests: Criminal Charges Based On Content Itself – No Warrant Necessary
Law Enforcement Monitors Facebook, Twitter, YouTube, and Other Social Media for Investigation – and Now as Basis for Arrest Twitter, Facebook, YouTube, Snapchat, Google+, Pinterest, LinkedIn, Periscope, Instagram: what’s your social media preference? Odds are very high that you use some form of social media, no matter what your age, what kind of work you…
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Federal Prosecutor Powers: Is the FBI Recording Your Conversation Down at the Courthouse?
There are more criminal cases filed in state courts here in Dallas and North Texas than in the federal system, and there are a number of reasons for this. However, the power of the federal system and the impact of federal practices and federal court cases upon state and local criminal systems cannot be underestimated….
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Prosecutorial Misconduct: How Bad Is It? Dallas Chief Investigator Pleads Guilty to Taking Bribe
Prosecutors are the attorneys who earn their salary by working for the government in enforcing criminal laws in the criminal justice system. They are supposed to be interested in justice, not personal career wins or financial gain. That’s not the reality today — prosecutorial misconduct is a catch phrase that is trending. We’ve written about…
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Do You Have Any Privacy From the Police in Texas? Laredo vs. Dallas
If you watched the CBS crime show “Hawaii Five-O” last week, you saw the elite police squad use a device that allowed them to see through the walls of a building and view not only the location of the kidnapping victim but also the location and movements of her captors. The gizmo read the heat…
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Texas Court of Criminal Appeals: Case of First Impression on Texas’ New Junk Science Law
Two years ago, we were optimistic about the efforts being made by many to resolve a huge problem of injustice here: the problem of “junk science.” All too often in this state, and across the country, “junk science” is being used to wrongfully convict innocent people of crime. Some are even sentenced to death based,…
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