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United States v. Weston, __ M.J. ___, No. 08-0594/MC (C.A.A.F. June 11, 2009). This is another of those competing consent/no consent cases. As is typical, the accused is held at NCIS and denies a consent to search his home. The enterprising agents rush of to the next room and get wifey to consent. As usual…

In another of a series of cases the Air Force Court of Criminal Appeals has decided a personal jurisdiction issue adverse to the accused. United States v. Blanton, ACM S31536 (A.F. Ct. Crim. App. 9 June 2009). Basically the issue relates to the “accounting of pay” part of whether an accused is properly discharged. The…

Professor Tillers has this interesting post on his blog. In Brown v. Perlman, 2008 U.S. Dist. LEXIS 37546 at n. 41 (May 8, 2008), Judge Magistrate Peck said: A prosecutor’s failure to conduct forensic tests does not violate a federal constitutional right. See, e.g., Arizona v. Youngblood, 488 U.S. 51, 58-59 (1988). My hope is…

Joe Ryan, A swaggering defense attorney who authorities say turned his back on the law, The Star-Ledger (NJ.com), 31 May 2009. Last August, authorities say, Paul Bergrin traveled from Newark to Chicago hoping to meet a hit man. Bergrin, who investigators describe as a go-to lawyer for Newark street gangs, was working on the case…

USPO’s delivery guarantee creates no constitutional possessory interest in a package in transit: The post office delivery guarantee does not create a constitutional possessory interest such that US Postal Inspectors could delay a package in Juneau, Alaska for a dog sniff and a search warrant to open it before delivery. United States v. Jefferson, 2009…

Splitting 5-4, the Supreme Court on Tuesday overruled its 23-year-old ruling in Michigan v. Jackson on the rights of a criminal suspect in police custody who has asked for a lawyer. The Court did so in Montejo v. Louisiana (07-1529), in an opinion written by Justice Antonin Scalia. After Scalia announced the decision, Justice John…

This case shows one of the downsides of constantly having a cellphone at your side, pocket, or hip. A man is arrested. Pursuant to the Supreme Court’s opinion in United States v. Robinson, 414 U.S. 218 (1973), “[a] full search of the person, his effects, and the area within his immediate reach at the time…

I’ve noted before that people get nervous when stopped and questioned by the police. Being nervous is not by itself a sign that the person is lying or a criminal or doing something wrong. Although of course NCIS/OSI/CID will often say it is so. As the writer notes here, The very presence of a police…

The National District Attorney Association has a pending Third Edition to the National Prosecution Standards pending. You need a key to read it, gosh forbid the public might be allowed to know the standards, and perhaps comment on them.

Recruiters and fake high school graduation and home schooling certificates, and now this: The U.S. Army is investigating soldiers who bought degrees from an illegal diploma mill that was based in Spokane and resulted in prison time for its operators. The Army’s Human Resources Command is using a list of customers of the diploma mill…