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Articles Posted in Constitutional Law

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The Supreme Court Decision Just Made It Easier For The Police To Violate Your Rights

Mr. Glover, a Kansan pickup truck owner, was driving when he passed a sheriff’s deputy. The deputy, who was randomly checking license plates, searched the plate of his truck. Upon his search, the deputy found that the state revoked the license from the registered owner of the truck. The sheriff,…

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In Orange County, CA, USE A GUN GO TO PRISON – OR MAYBE NOT?

For years the law in California was use of a gun in the commission of a felony meant a State Prison sentence if convicted.  The consequences of gun use in commission of a crime went beyond just the fact that it made a State Prison sentence mandatory, it also meant…

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In Orange County CA, do defendants have any protection from corrupt police or district attorneys?

Even if you aren’t familiar with the justice system, most people have heard of Miranda rights by watching TV.  These are rights that are guaranteed to a person when he/she is arrested and the police want to interrogate the person.  Before the police question anyone they have placed in custody,…

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OC District Attorney’s Office Accused of Violating Constitutional Rights

Recently the Orange County Public Defender’s Office filed a 500 page brief with the Orange County Superior Court alleging that their client, Scott Dekraai, had his Constitutional Rights violated by intentional misconduct by the Orange County District Attorney’s Office. In essence, among other claims, the OCPD says that prosecutor’s office…

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Can Police Search Your Cell Phone After a Traffic Stop in Orange County, CA?

Imagine you are driving along and you get pulled over for a registration violation. The police officer asks for your cell phone along with your drivers license and insurance card. You say what? You have a right to have my cell phone?? The officer says, “oh yes I do. You…

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The Shocking Truth about Secret Bail Hearings

Think secret bail hearings only exist in fiction? Unfortunately the answer is no, even though the 6th amendment to the constitution guarantees everyone the right to a public trial if they’re accused of a criminal act. The United States Supreme Court has long held that this right extends to pre-trial…

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In Orange County, CA, What Happens When the Police or Prosecutor Hides Evidence?

Subvert the criminal justice system. Lie to the judge. Hide evidence. Sounds like a defendant in a criminal case doesn’t it? Who else could it be? If it isn’t the criminal defendant, it must be the much maligned criminal defense attorney, right? You know who he or she is, right?…

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Who Watches the Watchers in NSA Surveillance?

Is the government growing a conscience? Our previous blog post discussed the NSA’s very nasty habit of watching everything we do without warrants or permission, and then turning over their information to law enforcement agencies. Well when we asked “who watches the watchers”, it seems like we may have found…

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Does NSA Surveillance Affect You in Orange County, CA?

How does the NSA surveillance scandal affect you personally? Most people take the attitude that the NSA snooping into everyone’s lives is harmless if you have nothing to hide. The problem is sometimes we don’t know we’re hiding something! There are thousands upon thousands of laws, and it’s impossible for…

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Your Right to Carry a Firearm in Orange County, CA

Are you a defender of the 2nd amendment? One of the most valued personal liberties in the United States is the right to bear arms. Just recently, the United States Supreme Court reiterated that the 2nd amendment guarantees the right to personally possess firearms (http://en.wikipedia.org/wiki/District_of_Columbia_v._Heller). But it’s important to realize…

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