Constitutional Rights are Not Always Transferable

Steven J. Richardson | June 26, 2009

The Bill of Rights to the Constitution provides many protections to citizens regarding their person, property, and privacy.  Most famous are the Fifth Amendment Right Against Self Incrimination and the Fourth Amendment Rights Against Unlawful Search and Seizure.   However, many people do not realize how limited these rights can be to that person; another person [...]

Major Advances in Search and Seizure Law

Steve | April 24, 2009

Much has happened in the last week regarding the laws surrounding searches and seizures by police officers, one in which federal law followed the lead of established New Jersey decisions regarding searches of motor vehicles, and one in which state law changed to follow a federal standard (the continuation of the execution of a search [...]

Search Incident to Arrest Warrant Good Even When Warrant Stale

Steven J. Richardson | January 20, 2009

Under the Fourth Amendment to the U.S. Constitution, citizens are protected from unreasonable searches and seizures of their “persons, papers, houses and effects.”  Reasonableness is considered to exist only when there is “probable cause.”   Should law enforcement violate this right, the evidence found can be subject to suppression, i.e. not admissible in evidence against you.  [...]