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    The Lawletter Blog

    Mark V. Rieber

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    CRIMINAL LAW:  No Constitutional Right to Engage in Bestiality

    Posted by Mark V. Rieber on Mon, Feb 4, 2019 @ 12:02 PM

    The Lawletter Vol 44 No 2

    Mark Rieber—Senior Attorney, National Legal Research Group

                In an unusual case, and one apparently of first impression, the Virginia Court of Appeals has very recently upheld the constitutionality of the state's statute prohibiting bestiality.  Va. Code Ann. § 18.2-361(A); Warren v. Commonwealth, No. 2086-17-3, 2019 WL 189386 (Va. Ct. App. Jan. 15, 2019).  The defendant in Warren was convicted of soliciting another person to "carnally know a brute animal or to submit to carnal knowledge with a brute animal" in violation of Va. Code Ann. §§ 18.2-361(A) and 18.2-29 (criminal solicitation). The evidence against the defendant included videos of the prohibited activities. The defendant argued that the bestiality statute was unconstitutional under Lawrence v. Texas, 539 U.S. 558 (2003), because the activities at issue amounted to nothing more than private sexual conduct of consenting adults. Read More

    Topics: criminal law, Mark V. Rieber, constitutionality, legitimate state interests, bestiality

    CRIMINAL LAW: Fourth Amendment Applies to Cell Site Location Information

    Posted by Mark V. Rieber on Wed, Oct 31, 2018 @ 11:10 AM

    The Lawletter Vol 43 No 6

    Mark Rieber, Senior Attorney, National Legal Research Group

            Cell-site location information ("CSLI") is location information generated by cellular phone providers that indicates which cell tower a particular phone was communicating with when a communication was made. United States v. Curtis, No. 17-1833, 2018 WL 4042631, at *1 (7th Cir. Aug. 24, 2018). It is capable of pinpointing a phone's location within 50 meters. Id. Because cell phones are in constant communication with the nearest cell site—often affixed to a cell tower—they can collect CSLI as frequently as several times a minute. Id.

                In June 2018, in Carpenter v. United States, 138 S. Ct. 2206 (2018), the Supreme Court extended Fourth Amendment protection to CSLI and held that the government conducts a "search" when it accesses historical cell phone records that provide a comprehensive chronicle of the user's past movements. The Court concluded that the government must generally obtain a warrant supported by probable cause before acquiring such records and rejected application of the "third-party doctrine," even though the records at issue were held by a wireless carrier.

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    Topics: warrant needed for probable cause, Fourth Amendment, criminal law, cell phones, location information, third-party doctrine rejected

    CRIMINAL LAW:  Was Traffic Stop Unlawfully Prolonged in Violation of Rodriguez?

    Posted by Mark V. Rieber on Mon, Apr 9, 2018 @ 15:04 PM

    The Lawletter Vol. 43 No. 2

    Mark Rieber, Senior Attorney, National Legal Research Group

         Ever since Rodriguez v. United States, 135 S. Ct. 1609 (2015), courts have had to decide whether evidence discovered during routine traffic stops should be suppressed on the ground that the police unreasonably prolonged the traffic stop, even for a short time, to investigate matters unrelated to the purpose of the stop, and what should be considered matters unrelated to the purpose of the stop.  A good example is the recent decision in Lerma v. State, No. PD-1229-16, 2018 WL 525427 (Tex. Crim. App. Jan. 24, 2018), in which the court reversed the Court of Appeals’ decision suppressing evidence discovered on a passenger of a vehicle during a routine traffic stop.  Contrary to the Court of Appeals’ holding, the Court of Criminal Appeals (Texas' highest court for criminal cases) determined that the officer conducting the traffic stop had reasonable suspicion to pat-down the passenger and that by questioning the passenger and patting him down, the officer did not unduly prolong the stop in violation of the holding in Rodriguez or the holding in St. George v. State, 237 S.W.3d 720 (Tex. Crim. App. 2007), upon which the Court of Appeals relied.

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    Topics: suppression of evidence, criminal law, traffic stop

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