Category Archives: Search and Seizures

Texas Stop and Frisk: The New York City Stop and Frisk Law Just Held Unconstitutional – Texas Law Is Not Involved Here

There’s a lot of chatter this month about “stop and frisk laws” and the recent ruling by U.S. District Judge Shira Scheindlin who presides over a federal trial court up in the heart of New York City. In a lengthy (195 pages) decision (read it here), the Manhattan federal judge ruled that it violates the…


Federal Child Pornography Charges Often Involve Federal Surveillance of Online Communications, Personal Email Records, Stored Computer Files

Child pornography (possession or promotion) is a serious felony under both federal statute (18 USC Section 2256(B)(8)) and Texas law (Texas Penal Code Section 43.26) and law enforcement in the Dallas area continues to target their investigations into this type of crime. In these cases, government access to computer information without the person’s knowledge and…


Warrantless DWI Blood Tests Violate the United States Constitution Rules U.S. Supreme Court in Today’s Opinion, Missouri v. McNeely: Police Need a Warrant Before DWI Blood Test

This morning there’s big news out of Washington D.C. for those defending DWI cases, something that prosecutors and police probably aren’t going to be happy to learn. The United States Supreme Court issued its opinion in Missouri v. McNeely, a DWI case where there was a blood test taken from a man without his consent…