Unlocking the Case: Court Orders All Residents of a Home to Submit Fingerprint to Unlock Smart Device
Unlocking the Case: Court Orders All Residents of a Home to Submit Fingerprint to Unlock Smart Device
The Fifth Amendment to the U.S. Constitution protects you from incriminating yourself. However, the Fifth Amendment does not apply to physical evidence, such as your fingerprint. So, what happens when police ask you to use your fingerprint to unlock an iPad? Do you have to provide your fingerprint to police? According to a recent court case, police have a right to ask you for your fingerprint. Why is providing your…
Read More
Defendants Can’t Gain Access to Private Social Media of Alleged Victims, Court Rules
It is safe to say that most people have an expectation of privacy when it comes to sending messages and information on Facebook. Although posts on your wall and comments may be readily available for the public to see, you probably expect the private messages you send to remain private. So, when you’re the alleged victim of a crime, you probably have the same expectation of privacy. However, this expectation…
Read More
California Moves to Protect Immigrants in Court
Earlier this year, under President Trump’s aggressive immigration policies, Immigration and Customs Enforcement (ICE) agents began keeping a watchful eye on people coming in and out of courthouses, seizing an opportunity to detain immigrants for possible deportation. ICE argued that courthouses made for a safe area to detain suspected illegal immigrants because the security measures at courts help remove the possibility of an armed confrontation. In March, California Chief Justice…
Read More
What We Learned from the 2016 California State Crime Report
The California Department of Justice recently released its annual report on crimes. For the year 2016, several notable trends were spotted. Here is a look at some of the important statistics in the report. Violent Crime Increased for the Second Year In a Row In 2016, violent crimes, including homicide, rape, robbery and aggravated assault, increased by 4.1 percent compared to 2015. There were 8,113 more violent crimes committed in…
Read More
California Could Copy Kentucky to Overhaul Bail System
After you are arrested, the court will typically assign bail. Bail is a monetary payment made by the defendant in order to be released from custody while the case is pending. The money is held by the court as a way to ensure the defendant will show up to his or her court dates. The money will eventually be returned to you if you do not miss any of your…
Read More
Can I Legally Possess a Firearm If I Have Been Convicted of Misdemeanor Battery?
The legality of firearm possession for people who have committed crimes in California is often a difficult issue. If you have been convicted of certain crimes, not only are you subject to California’s laws restricting gun possession, but you are also subject to a strict federal law – the Lautenberg Amendment (18 U.S.C. 922(g)(9)) imposes a lifetime ban on gun ownership by any person who has committed a “misdemeanor crime…
Read More
The Rules for Police at a Traffic Stop
Many drivers dread the sight of a police car in the review mirror, hoping the sudden flashing of lights and blaring of a siren will not ruin their day. Should that happen to you, it is important that you understand what the police are and are not allowed to do during a traffic stop. Reasonable Suspicion and Probable Cause The Fourth Amendment to the U.S. Constitution protects people from unreasonable…
Read More
Can Social Media Prevent Future Crimes?
In 2002, Steven Spielberg directed Tom Cruise in the movie Minority Report. Spoiler alert: the movie’s plot focused on a detective in a futuristic world where the police used the gifts of three people who could see into the future to stop crimes before they could happen. Fourteen years after that movie’s release, it seems that all Cruise’s character would have needed is some Internet savvy to find out whom…
Read More
Has Prop 47 Increased Crime in California?
There is a Latin phrase that many attorneys learn in law school: “post hoc, ergo propter hoc.” Basically, that phrase translates to “after this, therefore because of this.” When one event is seemingly related to an event that follows it, there is a tendency to assume the second event was caused by the first event. However, this principle of causation is generally not true. Applying this idea would be like…
Read More
New Laws for California in 2016
It has been famously said that ignorance of the law is no defense. With that in mind, the lawyers at Wallin & Klarich are here to remind you that with each new year comes new laws that you need to know about. By keeping yourself up to date, you can avoid the embarrassment of telling a police officer “I didn’t know I couldn’t do that!” California Gun Laws for 2016…
Read More