When Can Police Search a Cell Phone Without a Warrant?
Police may seize a cell phone during a lawful arrest, but they generally cannot search its digital contents without first obtaining a warrant. Modern phones contain messages, photographs, financial information, location history, medical records, and years of personal communications. The Fourth Amendment provides substantial protection for that information.
If...
Can Police Stop a Vehicle Leaving a Suspected Drug House?
Police cannot stop a vehicle merely because it leaves a house or property associated with suspected drug activity. A vehicle stop is a Fourth Amendment seizure, and officers ordinarily need particularized reasonable suspicion directed at the vehicle, driver, or occupants.
If police stopped your vehicle because you visited or...
USSG § 3B1.1 Supervisory Role Enhancement: Seven-Factor Checklist
A federal sentencing court may increase a defendant’s offense level by two, three, or four levels if the government proves that the defendant acted as an organizer, leader, manager, or supervisor.
That increase can substantially raise the advisory range of the Federal Sentencing Guidelines. In certain federal drug cases,...
Willful Blindness Jury Instruction: Suspicion Is Not Knowledge
Federal prosecutors sometimes try to prove that a defendant acted knowingly even when they cannot prove the defendant actually knew an important fact.
They may ask the judge to give the jury a willful blindness instruction, also known as a deliberate ignorance, deliberate indifference, or ostrich instruction.
Map of Chicago Homicides 2001 – 2016
Historical-data notice: This article was published in 2017 and examines Chicago homicide data through 2016. It is preserved as a historical resource and does not describe current crime conditions. Readers seeking current information should consult the City of Chicago’s regularly updated public data.
Chicago Homicide Data... Judge Posner Explains Proper Procedure Police Must Use for Photo Array Lineups
Eyewitness identification can become powerful evidence in a federal criminal trial, even when the witness had only a brief opportunity to observe the person involved. A poorly constructed photo array may influence a witness to select the government’s...
Right to Counsel of Choice in a Federal Criminal Case
The Sixth Amendment generally protects the right of a federal criminal defendant who can retain an attorney to be represented by the qualified lawyer the defendant chooses. A court may manage its calendar and enforce reasonable deadlines, but it cannot arbitrarily force a defendant to trial without retained counsel of choice.
Federal Judge Recusal Under 28 U.S.C. § 455
Every person appearing in federal court is entitled to a fair and impartial judge.
Federal law recognizes that protecting the integrity of the judicial process requires more than preventing actual bias. In some circumstances, a federal judge must step aside even when there is no evidence that the judge...
Stash House Sentencing Enhancement Under USSG § 2D1.1(b)(12)
The federal sentencing guidelines impose a two-level increase when a defendant maintained a premises for manufacturing or distributing controlled substances. This provision, commonly called the stash house sentencing enhancement, can substantially increase the recommended prison sentence.
The enhancement does not automatically apply merely because drugs were found inside a...
When Police Questioning Becomes Custodial Under Miranda
Police officers do not control whether an interrogation is custodial merely by telling a suspect that the interview is voluntary or that the person is free to leave. Courts examine the entire situation and decide whether a reasonable person would have felt free to terminate the questioning and leave.