US Supreme Court finds warrants typically needed for blood draws in suspected DUI cases

The Fourth Amendment of the U.S. Constitution provides that we should be free from unreasonable searches and seizures. The U.S. Supreme Court recently issued a decision in a case involving the intersection of the Fourth Amendment and individuals suspected of driving under the influence of alcohol. Missouri v. McNeely – the case before the high […]

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The U.S. Supreme Court and Wisconsin’s approach to DNA collection

A case currently before the United States Supreme Court (USCS) may ultimately influence whether Gov. Scott Walker’s proposal to obtain DNA from all persons arrested for a felony may be instituted or not. This proposal is being characterized as “DNA-on-Arrest.” If Gov. Walker’s proposal is instituted, every individual in Wisconsin arrested on a felony charge […]

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U.S. Supreme Court hears arguments in wiretapping case

Last week, the United States Supreme Court heard arguments in a wiretapping case that could affect untold numbers of Americans for years to come. Human rights advocates, journalists and attorneys concerned with the rights of those forced to mount a criminal defense or civil defense based on potentially illegal wiretapping evidence are seeking confirmation that […]

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Supreme Court case slowly impacting certain violent offenders

In June, the United States Supreme Court held that juveniles who committed murder while under the age of 18 cannot be sentenced to life imprisonment without the possibility of parole. However, the Court’s holding did not make clear whether this mandate should be applied retroactively or whether it should apply only in future cases. As […]

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Strip search decision is tested in Wisconsin case

A few months ago, the United States Supreme Court announced its holding in a case entitled, “Florence v. Board of Chosen Freeholders of County of Burlington.” In its ruling, the Court upholds the right of law enforcement to subject those arrested for any offense, including minor property and drug crimes, to a strip search before […]

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US Supreme Court ruling could expand police power in drug busts

In January, we wrote a post which gave a brief lesson on search and seizure laws. Under the Fourth Amendment to the Constitution, Americans are protected against illegal search and seizure by police and law enforcement. This means that if police suspect you are guilty of a crime such as drug possession, they must first […]

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