In the United States, birthright citizenship is guaranteed by the Fourteenth Amendment to the Constitution. Affirmed by the United States Supreme Court in 1898 in the case, United States v. Wong Kim Ark, this right extends to any child born in the United States, regardless of the child’s parents’ nationality…
“[A]t the very core” of the Fourth Amendment “stands the right of [an individual] to retreat into his [or her] own home and there be free from unreasonable governmental intrusion.” (Silverman v. United States (1961) 365 U.S. 505, 511.) This protection against unreasonable search and seizure, that is, a search without a…
Perhaps going down as one of the most inventive and also one of the stupidest insurance fraud crimes in recent memory, a group of scammers filed several insurance claims for damage to their three luxury vehicles. The four scammers filed separate insurance claims, all to separate insurance companies, after they…
California Penal Code section 3055 provides that inmates who have been incarcerated for 20 years or more and are over the age of 50 or those incarcerated for 25 years or more and are over the age of 60 are eligible for what is called “Elderly Parole.” Even violent sex…
Low risk, minimum custody status inmates in California may be eligible to serve all or part of their incarceration as a California Department of Forestry and Fire Protection (CAL FIRE) employee. The program is known as the Conservation (Fire) Camp Program. Acceptance into the program is highly sought after by…
Here’s a recipe for the stupid criminal files: Fill large packages – about watermelon size – with methamphetamine. Form each package into a watermelon shape and cover each package with a wrapper that is printed to look like a watermelon. Oh, don’t forget to slap an agricultural sticker on each…
You’ve been stopped by the police for speeding. Can the officer search your vehicle without your consent? The answer is yes and no. Yes, the officer can search your vehicle, without your consent, if he or she has probable cause to believe your vehicle contains evidence of a crime. This…
A New Zealand couple’s vacation in Southern California ended in tragedy. The couple, a prominent businessman in New Zealand and his wife were visiting Newport Beach’s iconic outdoor shopping mall Fashion Island. There they were accosted by two men brandishing guns. Perhaps the two men didn’t intend their robbery to…
A law enforcement officer can perform a temporary investigative detention of an individual only when the officer can articulate specific facts, which considered in light of the circumstances, provides an objective reason to believe the individual is engaged, or about to engage, in criminal activity. (A detention occurs when an…
The Fourth Amendment provides that law enforcement cannot conduct a search of property or person without a valid warrant. Any warrantless search is unlawful and should law enforcement arrest you pursuant to that search, the arrest itself becomes unlawful. However, there are exceptions where a warrantless search is permitted under…