Probation forbidding defendant from seeking medical marijuana card was improperly added after sentencing. Reversed and remanded. State v. Jackson 299 Or App 518 (2019)
From now on, all investigative activities, including investigative
inquiries, conducted by law enforcement during a traffic stop, must be reasonably related to the purpose of that stop or have an independent constitutional justification. Read More
Body cam workload overwhelms some defense attorneys (“Defense attorneys in Virginia, both court-appointed and public defenders, are struggling to keep up with the amount of police body camera video they have to review. The Virginian-Pilot reports the wave of body camera adoption across the state has mostly happened without considering the attorneys ethically bound to… Read More
Short answer: we’re not sure. Philadelphia DA’s Office (run by a former defense attorney) won’t prosecute marijuana users for DUI unless they are actually stoned (“Krasner said his office will not prosecute cannabis DUIs ‘unless people show active — I repeat, active — psychoactive amounts of cannabis in their system that rise to a level… Read More
Held: Defendant’s refusal to submit to a breath test was not admissible to prove intoxication. Remanded for new trial. One way or another, the government will find a way to circumvent this ruling (for example, by finding another legal basis for admissibility or by changing the law).