SUSPICIONLESS SEARCH OF COMPUTER HELD CONSTITUTIONAL
SUSPICIONLESS SEARCH OF COMPUTER HELD CONSTITUTIONAL
In a recent opinion by the United States Court of Appeals for the Ninth Circuit, the Court ruled that US Customs officers can search the electronic contents of an international passenger's computer without having a "reasonable suspicion" that the computer contains illegal material. The case, United States v. Arnold, involved a person who arrived at the Los Angeles International Airport from the Philippines. On arrival, customs officials singled out the…
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DUI in California Based on “Unsafe Turning Movement”
Police Officers can legally pull a person over for just about any violation of the California Vehicle Code as an excuse to investigate whether the driver of the vehicle is under the influence of alcohol or drugs. However, one of the more common violations officers cite as the probable cause to pull vehicles over to investigate DUI's is Vehicle Code Section 22107, more commonly known as "unsafe turning movement". This…
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THE EFFECT OF EARNING CAPACITY OF AN OBLIGATING PARENT IN A CHILD SUPPORT ISSUE
When an obligating parent quits his job voluntarily to pursue another career or to go back to school, the court may impute that obligating parent's earning capacity ability and better yet, the court may also impute that parent's earnings at the time he/she quit his/her job even if that parent goes back to school and is not working or just working part time while going to school so long as…
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SHOPLIFT
Shoplifting is the crime of stealing, or making an effort to steal, or intentionally paying less than the full amount for products or goods in a store. Shoplifting can include taking something without the intention of paying for it, hiding, concealing, or modifying a store's goods (including the price tag) with the intention of stealing it or unlawfully paying less that it is being sold for. In California, shoplifting goods…
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EMBEZZELMENT
Embezzlement is the theft of property and/or money by an individual or entity that is responsible for handling the assets. Embezzlement typically occurs in corporate settings and places of employment. Embezzlement charges can carry serious consequences regardless of whether the defendant is guilty. Accusations of embezzlement are extremely embarrassing and can oftentimes ruin an individual or an entity's reputation. Furthermore, an embezzlement conviction may result in hefty fines and/or a…
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DUI
Driving Under the Influence (DUI) is a serious offense, which can carry harsh penalties including heavy fines, license suspension, and even jail time. The severity of DUI laws varies from state-to-state; however, most states enforce DUI laws rigorously. If you have been arrested on charges of DUI, you may wish to speak with an experienced attorney at Wallin & Klarich who can help you understand your rights. Blood Alcohol Concentration…
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BATTERY CHARGES
Battery is the nonconsensual, harmful or offensive touching of a person or anything attached to that person, such as a wallet or purse. Unlike assault, battery requires actual physical contact. Proof of damage from the injury is not always required for successful battery charges, but in most jurisdictions, proof of intent to cause harm is. If you or a loved one has been charged with battery, it is important to…
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“SOCK-PUPPETING” MAY LEAD TO CRIMINAL CHARGES
For the uninitiated, the term "sock-puppet" is used in reference to the Internet to describe a situation where a person creates a fake online identity, usually for the purpose of deception. While it might seem obvious that, for instance, if a person makes up a false identity, and posts an ad offering to sell a baseball autographed by Babe Ruth for $10,000, but the poster has no such baseball, and…
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US SUPREME COURT AGREES TO HEAR WARRANTLESS SEARCH CASE
The US Supreme Court has announced recently that it will hear the case of a man who was arrested in his home by officers who did not have a warrant. In the case, the man, Afton Callahan, of Utah, was being investigated by police for allegedly selling meth-amphetamine out of his home. The police sent an undercover informant into Callahan's home to purchase illegal drugs. When the informant, who was…
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LAPD CARS TO BE OUTFITTED WITH CAMERAS
The Los Angeles City Counsel's Public Safety Committee has voted 3-1 to approve the installation of video cameras in Los Angeles Police Department patrol cars. Cameras had been recommended by the Christopher Commission, which investigated the LAPD in the wake of the beating of motorist Rodney King by LAPD officers – a beating captured on videotape by a civilian. The cameras will also satisfy a requirement of the Consent Decree…
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