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Articles Posted in Constitution – Bill of Rights

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No Fourth Amendment violation by police for placing a warrantless tracking devise prior to the Supreme Court’s prohibition

In U.S. v. Ransfer, the defendants were convicted of a Hobbs Act violations, and the use and carrying of firearms during the commission of a violent crime. The first issue the defendants raised in challenging these federal criminal convictions was the admission of evidence resulting from the installation and use…

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Government not required to show subjective intent to commit harm for a threatening communication conviction

In U.S. v Martinez the Defendant appealed her federal criminal conviction under 18 U.S.C. § 875(c) for knowingly transmitting a threatening communication. The threat came when a talk show host at a Ft. Lauderdale radio station received an anonymous email that expressing support for the second amendment gun rights, and…

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No Fourth Amendment violation for defendant searched following encounter with police officer

In U.S. v. Williams, the defendant was convicted in federal court of possession of a firearm by a convicted felon in violation of 18 U.S.C.§ 922(g), possession of crack cocaine, and possession of a firearm in furtherance of a drug trafficking crime. On appeal he challenged the introduction of evidence…

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Downward departure sentences for corrections officers found unreasonably low

The defendant in U.S. v. McQueen was a corrections officer at the South Florida Reception Center in Doral, Florida who was convicted of conspiracy to deprive several inmates of their constitutional rights in violation of 18 U.S.C. §241, specifically their right to be free from cruel and unusual punishment. McQueen…

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No Confrontation Clause violation to admit translation transcripts of recorded conversations without calling the translator

In U.S. v. Curbelo, the defendant was convicted following a trial of conspiracy to manufacture and possess marijuana with intent to distribute in connection with his involvement with an indoor marijuana growing operation in Naples, Florida. He was specifically charged with conspiracy to manufacture and possess with intent to distribute…

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Out of court statements by an interpreter who translated for an officer interrogating the defendant are testimonial under Crawford v. Washington

In U.S. v. Charles the Eleventh Circuit found that the out-of-court statements by an interpreter to a Custom’s officer interrogating the defendant were testimonial and their admission was in violation of Sixth Amendment right to confront the interpreter as required by the Supreme Court’s decision in Crawford v. Washington. The…

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Lawyer’s failure to notice a deliberating juror had missed a day of trial was not presumed prejudice for ineffective assistance challenge

In Castillo v. State of Florida, the defendant filed a collateral challenge to her Florida state court conviction of attempted robbery that took place on Miami Beach. Castillo claimed she received ineffective assistance of counsel and was deprived of her Sixth Amendment right to counsel. In this three-day trial, one…

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Eleventh Circuit orders evidence suppressed resulting from a bad Terry stop

In U.S. v. Valerio the defendant became the target of a federal drug investigation when he was spotted at a hydroponic gardening equipment store by DEA agents acting suspiciously. After the defendant drove away, the agent followed the defendant’s truck and concluded he was acting nervous about being followed. Two…

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No statute of limitations violation for a bribery conviction because the crime was completed within the five year period

The main issue addressed in U.S. v. Pacchioli is whether the defendant’s bribery conviction was time-barred under the statute of limitations,18 U.S.C. §3285. The defendant was an electrical contractor who performed various maintenance services for a hospital run by the Memorial Healthcare system. In order to obtain lucrative service contracts…

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No Due Process Clause violation for the admission of an in-court identification without a preliminary hearing

In U.S. v. Whatley, the defendant was charged with four armed bank robberies that took place from 2003 through 2006. He was arrested following an aborted robbery attempt in 2007, to which he pled guilty. At his federal criminal trial on the earlier four bank robberies, the government called 14…

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