SCOTUS Update: Los Angeles v. Patel

  Supreme Court strikes down Los Angeles law allowing police to examine hotel registries without a warrant Last year I blogged about Los Angeles vs. Patel. In June of this year, the U.S. Supreme Court handed down their decision.   The hoteliers took victory in the privacy-rights arena when the U.S. Supreme Court essentially struck down a City of Los Angeles law that had resulted in warrantless spot checks of their business records. Officially, the city ordinance required hotel operators to keep specified information about their customers for 90 days and to make the details available to police whenever they [...]

Are You the Cable Guy or the FBI?

  Are you the cable guy or the FBI?     There is an interesting case before a U.S. Federal District Court in the Las Vegas area. The issue for the judge to decide is whether FBI agents can disconnect a utility service to an abode and then, disguise themselves as repairmen in order to gain entry and covertly search the premises in hopes of finding evidence that might justify the issuance of a search warrant. The defendants in this case are a group of Chinese high rollers who are accused of running an illegal gambling operation from their Las [...]

Los Angeles v. Patel: Hotels Right To Privacy — Under Fire!

  The United States Supreme Court to Hear Argument on the Issue of Hotel Guest's Right to Privacy The US Supreme Court will examine a question of privacy as it concerns hotel and motel guest records during this session. The high court agreed to review a federal appeals court ruling that struck down a Los Angeles ordinance requiring that hotel guest records “be made available to any officer of the Los Angeles Police Department for inspection.”   A divided Ninth U.S. Circuit Court of Appeals ruled this past December that the ordinance was unconstitutional under the Fourth Amendment, which guards against [...]

Unjust Oppression of Sex Offenders on Halloween

  Sex Offenders and Halloween Today is Halloween. This means that law enforcement officials are going to knock on the doors of many known sex offenders to remind them of laws that restrict their freedom today. For example, in Louisiana, registered sex offenders are not allowed to trick or treat, attend parties where children will be present or even decorate their home for Halloween. In other states, these restrictions include no driving after dark, no dressing up or leaving the house between 5 p.m. and 10:00 p.m. Other jurisdictions require registered sex offenders to turn their porch light off and [...]

By |2015-06-12T15:46:32+00:00October 31st, 2014|Categories: Sex Crimes, The Constitution|Tags: |

Should Louisiana Gun Rights Extend To Convicted Felons?

  In 2012, Louisiana voters approved a state constitutional amendment that makes gun ownership a fundamental right.  This places gun ownership on the same level as freedom of speech or freedom of religion.  This law also requires that any challenges should be held to strict scrutiny which is the most stringent standard of judicial review.  In other words, the law should favor the constitutional right or principle more than the government's interest. Since this amendment passed, many defense attorneys have challenged prosecutions for Felon in Possession of a Firearm La. R.S. 14:95.1 in state courts.  The issue is whether the amendment applies to [...]

Secret Injections and Messy Justice!

  On Tuesday, April 29, 2014 two convicted murderers were set to be given lethal injections for their crimes in Oklahoma. Clayton D. Lockett and Charles F. Warner were to be Oklahoma’s latest executions. As the clock drew down on Mr. Lockett he was supposed to be given his last meal, marched down to the execution chamber, strapped down, injected with a cocktail of lethal drugs and peacefully pass away….or so the authorities thought!   Normally, and in the recent past in the U.S., the practice of injecting a person with a fatal dose of drugs was pretty straight-forward and [...]

Dealing with Police Encounters — Know Your Rights!

  Ten Rules for Dealing with the Police -- Know Your Rights!   By:Elizabeth Bagert Carpenter     The 4th amendment of the Bill of Rights provides for people and their property to have the right to be protected from unreasonable searches and seizures.  Law enforcement must have probable cause to obtain a search warrant.  Probable Cause is defined as clear facts and evidence to know that you are involved in criminal activity.  Never let the police search your vehicle or home without a warrant -- even if you feel as if you have nothing to hide.   1.  Always be [...]

U.S. Fifth Circuit: Permission to Search Luggage Does Not Include Vehicle

  United States v. Cotton (2013): U.S. 5th Circuit Ruling   By Elizabeth B Carpenter    Never give a police officer permission to search your vehicle or home!   In February 2011, Marvin Cotton was driving his rental car along Interstate 10 in east Texas when, without changing lanes or slowing his speed as required by Texas law, he passed Lieutenant Tony Viator’s emergency vehicle parked on the side of the road. Having already received a tip from a fellow officer that Cotton might be carrying drugs, Viator conducted a stop and a lengthy detention, running license checks with dispatch and [...]

What is Boykinization?

New Orleans Criminal Defense Attorney   Elizabeth B. Carpenter, Esq. -- Criminal Defense Attorney New Orleans Serving Clients in Orleans Parish, St. Tammany Parish, St. John Parish, St. James Parish, St. Bernard Parish, St. Charles Parish, Assumption Parish, Tangipahoa Parish, Terrebonne Parish, Plaquemines Parish and Jefferson Parish.   Boykinization is a term sometimes used to refer to reading a defendant his rights. It derives from a case, Boykin v. Alabama, 395 U.S. 238 (1969), decided by the United States Supreme Court. This case is most often cited for the principle that guilty pleas are enforceable only if taken voluntarily and [...]

United States Supreme Court Cases To Follow This Week — Criminal Defense Attorney New Orleans

By: Elizabeth B Carpenter New Orleans Criminal Defense Attorney   Elizabeth B. Carpenter, Esq. -- New Orleans Premiere Criminal Defense Attorney   Serving Clients in Orleans Parish, St. Tammany Parish, St. John Parish, St. James Parish, St. Bernard Parish, St. Charles Parish, Assumption Parish, Tangipahoa Parish, Terrebonne Parish, Plaquemines Parish and Jefferson Parish.   The following cases are being argued before the U.S. Supreme Court this week:   BAILEY V. UNITED STATES Can police officers may detain an individual incident to the execution of a search warrant when the individual has left the immediate vicinity of the premises before the warrant is [...]