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Articles Posted in Constitutional rights

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The Incredible Shrinking Fourth Amendment

The Supreme Court decided two Fourth Amendment cases this week that diminish our freedom from police searches.  The Fourth Amendment says: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue,…

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NCDD Serious Science Seminar Knocks it Out of the Park

The National College for DUI Defense (NCDD) just concluded its second annual Serious Science seminar Saturday in Ft. Collins, Colorado.  Attended by 21 lawyer students, the five day seminar featured a day and a half of lectures by the nation’s leading experts on forensic blood alcohol testing, Jimmie Valentine, Ph.D., Carrie Valentine,…

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The Supreme Court considers whether breath tests require a search warrant

Today the Supreme Court heard oral argument in the cases of Birchfield v. North Dakota, 136 S.Ct. 614 (2015); Bernard v. Minnesota, 136 S.Ct. 615 (2015); and Beylund v. Levi, 136 S.Ct. 614 (2015). Leonard R. Stamm, along with Donald Ramsell and Jeff Green, co-authored an amicus brief filed on behalf…

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Senate and House Compromise on Noah’s Law: Ignition Interlocks NOT Required on All First Offenders

If you have been following the news lately you have heard that Maryland has joined the states that require interlocks in all DUI cases, even for first offenders blowing under 0.15.  For example, see Md. lawmaker: Slain officer Noah Leotta ‘is still on the job’ in the Washington Post.  However a…

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Why every breath test in Maryland should be suppressed

Every breath test in Maryland is subject to suppression.  Every administrative suspension based on a failed breath test should be thrown out.  The reason is – in Maryland there is a potential 60 day enhanced jail penalty for every driver arrested for DUI who refuses to take a breath test.…

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Noah’s Law passes the Maryland House – with amendments

The Maryland House of Delegates took the courageous step of passing Noah’s Law, HB 1342, with substantial amendments.  The amendments make the bill a much more rational and humane way of encouraging sober driving while not unnecessarily punishing social drinkers or putting them out of work. The law deals with…

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The Supreme Court grants cert in three cases – can a refusal to consent to a test of blood or breath for alcohol be made a crime, punishable by jail?

The Supreme Court today granted certiorari in three cases Birchfield v. North Dakota (14-1468); Bernard v. Minnesota (14-1470); and Beylund v. North Dakota (14-1506).  These cases raise the question left open after the Court’s decision in Missouri v. McNeely, 133 S.Ct. 1552 (2013): can a state make the refusal to submit to…

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