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SCOTUS Holds “Hot Pursuit” for Misdemeanors Doesn’t Always Justify Warrantless Entry into Home

Constitutional Law Reporter

It held that, under the Fourth Amendment , the pursuit of a fleeing misdemeanor suspect does not always (or categorically) qualify as an exigent circumstance justifying a warrantless entry into a home. A later blood test showed that Lange’s blood-alcohol content was three times the legal limit. California, 594 U.S. _ (2021) , the U.S.

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Can More Jury Trials Save the Justice System?

The Crime Report

“Expansion of the jury trial right would constitute a meaningful structural reform in democratizing criminal justice, at a time when such change is needed to establish the popular legitimacy of the criminal justice system,” writes J.D. King in a paper published in the University of Pennsylvania Journal of Constitutional Law.

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Democratic Governor Calls For Criminalizing “Lying” About Election Results

JonathanTurley

According to the Seattle Times , Inslee declared that “it should not be legal in the state of Washington for elected officials or candidates for office to willfully lie about these election results.” ” He would make such comments a gross misdemeanor subject to incarceration. What does that even mean?

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Rittenhouse Goes To Jury After Case Collapses in Court

JonathanTurley

One issue to watch is how Judge Bruce Schroeder handles the gun count, which is based on what I believe is a flawed legal interpretation by the prosecution. Here is the column: The trial of Kyle Rittenhouse increasingly seems like a legal version of the parable of the blind men and the elephant. One man – not society – is on trial.

Court 59
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Was Rittenhouse’s Possession of the AR-15 Unlawful?

JonathanTurley

In covering the motions hearing last week in the trial of Kyle Rittenhouse, I noted a surprising comment from Judge Bruce Schroeder that he had “spent hours” with the Wisconsin gun law and could not state with certainty what it means in this case. I have a legal education.” ” Under Section 948.60(2)(a)

Statute 59
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California Dreaming: Newsom’s Kidnapping Claim Against DeSantis is Long on Politics and Short on the Law

JonathanTurley

.” The problem, however, is that this is just like the transport of migrants to Martha’s Vineyard in September 2022, which a number of Democratic leaders and legal experts insisted was also a clear case of kidnapping and human trafficking. Newsom previously asked the U.S. To great acclaim, Rachael Rollins, then the U.S.

Laws 50
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Causing Physical Harm Always Involves “Use of Force”

Constitutional Law Reporter

Delligatti argued that a VICAR offense predicated on New York second-degree murder is not a crime of violence under 924(c)s elements clause because homicide under New York law can be committed by omission, defined as the failure to perform a legal duty. Castleman , 572 U.S. 157 (2014), along with that rulings underlying logic.

Statute 52