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Articles Posted in Criminal

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Fake Watermelons Filled with Methamphetamine Seized at the Border

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…

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PROBABLE CAUSE TO SEARCH A VEHICLE REQUIRES OBJECTIVE FACTS

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…

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WHEN IS A LAW ENFORCEMENT DETENTION UNLAWFUL?

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…

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CONSENT SEARCH UNDER A PROMISE OF LENIENCY

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…

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CO-TENANT CONSENT SEARCH IS NOT VALID IF ANOTHER CO-TENANT, WHO IS IN CLOSE PROXIMITY, OBJECTS.

You might recall a news item from 2021 when a laser pointer was aimed at a Huntington Beach Police Department helicopter investigating a fatal hit and run accident. These types of dangerous pranks are not new to police department arial surveillance and investigations. In this case, the police were able…

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YOUR MIRANDA RIGHTS DURING POLICE QUESTIONING

Everyone is familiar with the term “Miranda rights.” This right derives from a 1966 U.S. Supreme Court case, Miranda v. Arizona. The Miranda court held that the Fifth Amendment to the U.S. Constitution, which protects someone accused of a crime from self-incrimination, includes protections for suspects who have been arrested…

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COVID-19 TAX CREDIT PROGRAM PLAGUED WITH FRAUDULENT CLAIMS

The Covid-19 pandemic ushered in government benefit programs aimed at relieving the economic burdens the pandemic and the resulting lockdowns caused to individuals and businesses.  Among those benefits was the Employee Retention Credit (ERC). Individuals and employers are being warned that making false claims for an ERC credit will and…

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GHOST GUNS

Ghost guns present a considerable threat to gun control laws. Ghost guns are guns that are assembled by component parts bought online. These guns are increasingly posing a challenge to law enforcement and to public safety. The component parts, essentially a gun kit, are available online for anyone to purchase.…

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