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Honeycutt Decision By Sup…

Honeycutt Decision By Supreme Court: Major Victory For The Defense in Criminal Forfeiture

The Supreme Court has just made an important step towards protecting defendants in criminal forfeiture.  In Honeycutt v. United States, No 16-142 (June 5, 2017), the Court held that a defendant may not be held jointly and severally liable for proper…
Circuit Court Ruling

Motion to Suppress Should Have Been Granted – U.S. v. Lull (4th Cir. 2016)

In this case, the Fourth Circuit ruled that the Motion to Suppress should have been granted because the search warrant application omitted material information about the reliability of the confidential informant, including the informant’s arrest on…
StingRay Cell Phone Locator

StingRays: Federal District Court Ruling on Warrantless Use of Locator Devices

Technology is evolving faster than ever before, with new applications in every area of life, including law enforcement. I wrote back in January about police use of GPS devices to track suspects. Often, the law struggles to keep up with technological…
Supreme Court

Supreme Court Rules that Untainted Assets Cannot Be Seized Pretrial

Back in December, I wrote about a case that was pending before the U.S. Supreme Court that could decide the dividing line between a prosecutor’s ability to freeze a defendant’s assets before trial and the defendant’s Sixth Amendment right to hi…
Evidence Exclusionary Rule

Utah v. Strieff and the State of the Exclusionary Rule

For over 100 years, the United States Supreme Court has recognized some version of the exclusionary rule—the rule of law that allows evidence to be suppressed in a criminal case when the police obtained the evidence illegally. Though originally jus…
Electronic Communications Privacy Act

Updating the Electronic Communications Privacy Act

Would it surprise you to learn that the federal law governing law enforcement’s ability to obtain emails from your email provider was adopted in 1986 and has remained relatively untouched since then? In 1986, people used phones with cords attached…
Categories: Search and Seizure
Police Use of GPS Tracking Device

When Can the Police Use GPS Devices to Track Suspects?

With GPS technology becoming better, smaller, and cheaper, law enforcement has turned to it more and more as a way of tracking criminal suspects. Of course, police have used tracking technology, from old-fashioned feet on the ground to radio transmit…

Forfeiture & Restitution Presentation

Forfeiture & Restitution by Hope C. Lefeber, Esquire Forfeiture In A Nutshell Legal process that allows the federal government to take “ill gotten gains” from the defendant Inserted into numerous federal statutes and is mandatory for over 20…
Categories: Search and Seizure

Federal Criminal Defense Attorney Hope C. Lefeber Discusses Recent 3rd Circuit Case Ruling That A Person Has No Fourth Amendment Protection When Using Shared Wi-Fi

Last week was a busy week for the Fourth Amendment in the Courts of Appeal. On the same day that the Eleventh Circuit ruled that the Fourth Amendment covers data obtained from cell towers, the Third Circuit in U.S. v. Stanley ruled that the Fourth Am…

Federal Criminal Lawyer, Hope Lefeber, Discusses 11th Circuit Ruling Holding Cell Phone Tracking Unconstitutional

On June 11, 2014, the U.S. Court of Appeals for the 11th Circuit ruled that obtaining data from a cell phone tower without “probable cause” violated the Fourth Amendment. In U.S. v. Quartavious Davis, the Court of Appeals ruled that individuals h…

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