Remain silent as to questions you are not required to answer during traffic stops. Anything you say can be used against you and can take away the opportunity to challenge a search of the person, vehicle or the vehicle's contents.
Prosecutions for threats must meet the requirements of "true threats" under constitutional jurisprudence including proof of at least a reckless intent.
US Supreme Court says that Bruton issues can be resolved with robust redactions and jury instructions and that severance is not necessary.
Obstruction of justice offenses do not require an ongoing investigation or proceeding. Convictions for such an offense that include a sentence of one year or more will trigger removal (deportation) from the United States.
Georgia statute defines narcotic drug to include opiates (natural and synthesized) and cocaine. Cocaine does not fit within the medical definition of narcotic.
Confidential communications need to be protected by attorneys and clients.
Sexual offender form special condition related to probationer contact with minors found to be unconstitutional.
Early Georgia case on constitutional speedy trials will not hold pandemic-caused suspension of jury trials against the government.
Case of note regarding extent to which an officer can intrude upon private property without consent, a search warrant, or exigent circumstances. When officer went beyond the area necessary to access the front door of the house, he violated the Fourth Amendment.
A quick review of the December 2021 SORNA regulations and how they intersect with Georgia's requirements.
A quick look at special grand juries.
Drivers need to sign the citation if requested by the officer.
Case Note: PA Supreme Court Says Odor of Marijuana is Not Enough to Justify a Warrantless Search of an Automobile
Odor of marijuana is not enough to justify the search of a vehicle in Pennsylvania.
Humorous rant about people putting large sums of money or drugs in Crown Royal bags.
Trial courts can dismiss cases for want of prosecution even when the practical effect of such dismissal will be to bar further prosecution as, for instance, where the statute of limitations has run.
A look at the recent case of Gowen v. State (2021) regarding a vehicle search based on odor of cannabis.
The State must observe the same limitations on modification or clarification of sentences that apply to defendants and their attorneys. The State's effort to re-write the sentence in this case to increase the prison time came too late.
Georgia Parole Board is considering many for earlier parole based on coronavirus dangers.
Interesting development regarding government use of tracking devices. Subject of surveillance charged with theft when tracker goes missing even with absence of evidence that he actually did anything to the tracker.
According to the Atlanta newspaper, the Georgia Senate is studying the issue of persons with felony convictions being able to vote, particularly those charged with non-violent offenses. This is apparently a very early discussion and hearing on concerns about the issue, with not a lot of particul...
Suspect compelled to unlock phone for Government using thumbprint sensor.
States across the country facing challenges in marijuana prosecution based on hemp legalization.
Look out, the troopers will be on the roads in high numbers enforcing the speed limits while Operation Southern Shield is in effect.
How will the new Georgia Hemp Bill change the way that we deal with marijuana cases?
GBI to Contract with Private Laboratories for Some Drug Analysis Testing