Articles Criminal

Supreme Court Throws Out Conviction Based on Warrantless GPS Monitoring

by Blue LLP

Posted on 25 Jan 2012


Supreme Court Throws Out Conviction Based on Warrantless GPS Monitoring

Supreme Court rules that a GPS tracking device placed on a car is a search.

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All Good Things Must Come to an End

by Blue LLP

Posted on 18 Jan 2012


All Good Things Must Come to an End

North Carolina lawmakers strike a blow to sentencing reform as announced in US v. Simmons.

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To Consent or Not Consent . . . That is the Question

by Blue LLP

Posted on 12 Jan 2012


To Consent or Not Consent . . . That is the Question

In true hip hop form, Jay Z's 2004 hit, “99 Problems,” chronicles the famed rapper's refusal to give his consent during a roadside detention. Although Jay Z's account is entertaining, the story is one with which far too many motorists and criminal defense attorneys are familiar, particularly in the Eastern District of North Carolina.

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When Is It Fair To Apply The Fair Sentencing Act?

by Blue LLP

Posted on 10 Dec 2011


When Is It Fair To Apply The Fair Sentencing Act?

Congress enacted the Fair Sentencing Act (FSA) on August 3, 2010. This historic and much overdue legislation was a major step towards addressing the disparity between crack and powder cocaine sentencing law. The new law increased the quantity thresholds that trigger mandatory minimum punishments for federal drug offenses involving crack. Now, the 5-year minimum is triggered by a quantity of 28 grams of crack (instead of 5 grams), and the 10-year mandatory minimum is triggered by a quantity of 280 grams of crack (instead of 50 grams).

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2nd Circuit Rules that Attorney Client Privilege Does Not Apply to Inmate Phone Calls

by Blue LLP

Posted on 30 Aug 2011


2nd Circuit Rules that Attorney Client Privilege Does Not Apply to Inmate Phone Calls

The United States Court of Appeals for the Second Circuit recently ruled in US v. Rodriguez, 10-2724, that an inmate who knew that his telephone call was being recorded did not have a “reasonable expectation of confidentiality” when he relayed a message for his attorney through his sister. As a result, the communication, which concerned whether the inmate should plead guilty to felony drug charges, was deemed admissible at trial for the sole purpose of demonstrating the inmate’s “consciousness of guilt.”

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