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 [...]

May a felon sell rather than give his guns to the government?

  Henderson vs. United States: May a felon sell rather than give up his guns? By: Elizabeth B. Carpenter -- Firearm Defense Attorney New Orleans   The Unites State Supreme Court has agreed to examine this issue during the present session in the case Henderson vs. United States.     This case centers on Tony Henderson, a former U.S. Border Patrol agent who was charged with selling marijuana in 2006, and later convicted of a felony.   Federal law prohibits felons from possessing firearms, and Henderson turned 15 personal weapons over to the FBI while his case was pending.   [...]

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 [...]

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 [...]

Court Says Child Porn Victims Can Get Restitution — New Orleans Child Pornography Attorney

New Orleans Child Pornography Attorney  Elizabeth B. Carpenter Law is uniquely qualified to defend clients who have been accused of a child pornography offense in New Orleans area. We have represented countless clients in child pornography cases in Louisiana.  Some of the specific types of cases we address include the possession, production, possession, distribution or sale of child pornography in New Orleans. Our knowledge of the law and experience in child pornography defense gives us the skill you need to effectively challenge the allegations made against you.      Court Says Child Porn Victims Can Get Restitution   Child pornography [...]

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 [...]

Louisiana Sex Law Violates Offenders’ Rights, Federal Judge Rules

Criminal Defense Attorney New Orleans   Elizabeth B Carpenter -- Attorney New Orleans   Louisiana sex law violates offenders' rights, federal judge rules   By: Associated Press   A Louisiana law violates the constitutional rights of people who were required to register as sex offenders after they were convicted of soliciting oral or anal sex for money, a federal judge ruled Thursday. U.S. District Judge Martin Feldman said state lawmakers had no "rational basis" for requiring people to register as sex offenders if they were convicted of a "crime against nature by solicitation." U.S. District Court Judge Martin Feldman Feldman [...]

Another New York Times Piece Regarding Prosecutorial Misconduct in the New Orleans DA Office: In Re Smith v. Cain

New Orleans Criminal Defense Attorney Elizabeth B. Carpenter, Esq. ---  Criminal Defense Lawyer Fighting for Justice.   Last week, I covered the current U.S. Supreme Court Case, Smith v. Cain.  I think that it is very important for Louisiana residents to know and understand what has been going on for YEARS in the Orleans Parish DA office and how such misconduct is leading to wrongful convictions.  Here are some links to refresh your memory.  Smith v. Cain argument recap Supreme Court seems ready to overturn conviction in New Orleans murder case Prosecutorial Misconduct New Orleans DA Office vs. Brady v. [...]

Frequently Asked Questions About Police Interrogations

  Frequently Asked Questions About Police Interrogations Elizabeth B. Carpenter -- New Orleans Criminal Attorney   Do I have to answer questions if the police stop me while I am walking on the street? The police can stop a person when they have good faith belief that the person was involved in a crime – this is often referred to as a “Terry Stop.”  However, under the Fifth Amendment right against self-incrimination, a person does not have to answer any questions.  In fact, a person should not answer any questions during a “Terry Stop.”  The law only requires a person [...]

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