Blog

Officers may be able to shoot to kill. By Micah Schwartzbach, Attorney The Fourth Amendment prohibits unreasonable searches and seizures. Police use of force to stop someone constitutes a seizure. So, when the police use force—for example, to end a high-speed car chase—the question is whether they did so reasonably. The Supreme Court & Car… Read More

Officers may be able to shoot to kill. The Fourth Amendment prohibits unreasonable searches and seizures. Police use of force to stop someone constitutes a seizure. So, when the police use force—for example, to end a high-speed car chase—the question is whether they did so reasonably. The Supreme Court & Car Chases In Plumhoff v. Rickard,… Read More

Some U.S. jurisdictions are using advanced formulas to evaluate the risks that defendants pose. Judges weigh these evaluations when considering pretrial release. By Micah Schwartzbach, Attorney “Will this person break the law or skip town?” This question is at the forefront of the mind of a judge who is evaluating bail for a defendant awaiting… Read More

Witness impeachment is the process of challenging the credibility of a witness in trial. There are many ways by which a witness can be impeached. For instance, during cross-examination, any party may attack the credibility of a witness by the following:   1) Introducing statements of the witness, which are inconsistent with his/her present testimony… Read More

Law enforcement officers must provide the Miranda warnings to suspects who are (1) in custody and (2) subject to interrogation. Motorists who have been stopped by police officers aren’t free to leave and are inevitably subjected to some kind of questioning, which begs the question: Shouldn’t officers read them their rights? (For information on a… Read More

By Micah Schwartzbach, Attorney The right to trial by jury in the United States Constitution belongs only to adults. In 1971, the U.S. Supreme Court held that there’s no jury-trial right in juvenile delinquency proceedings. (McKeiver v. Pennsylvania, 403 U.S. 528 (1971).) Some of the Court’s justices expressed concerns, including apprehension that requiring jury trials… Read More

It’s time to celebrate Cinco de Mayo and that also means it’s time for DUI checkpoints. DUI checkpoints for the popular Mexican holiday will be set up throughout the Bay Area. Northern California DUI Checkpoints: San Francisco – Cesar Chavez St. and Van Ness Ave – 7:00 pm to 3:00 am San Rafael – Point San Pedro… Read More

Criminal trespass involves being on someone else’s property without permission. But the crime isn’t as simple as just being where you’re not supposed to. By Jessica Gillespie Someone caught trespassing on another person’s property can face trouble, even possibly a civil lawsuit. But trespass is first and foremost a criminal offense. While state laws define… Read More

People’s sincere religious beliefs may occasionally conflict with the law. Usually, it’s the religious beliefs that must yield, as the law rarely accepts them as a defense to criminal charges. If a government has decided that certain activity is illegal, then it’s usually no excuse to say, “I did it because of my religious beliefs.”… Read More

The Eighth Amendment requires that state and federal prison systems provide at least “the minimal civilized measure of life’s necessities.” (Rhodes v. Chapman, 452 U.S. 337 (1981); see Do prison inmates have any rights?)  Because this rule is so vague, prisons can be deficient in a variety of ways yet still meet minimum constitutional standards…. Read More