Remove Constitutional Law Remove Court Remove Legal Remove Misdemeanor
article thumbnail

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

Constitutional Law Reporter

Supreme Court clarified when police may enter the home without a warrant. 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. The California Court of Appeal also affirmed.

article thumbnail

Police Suggest Possible Charges for Those Who Filmed Rape on Train

JonathanTurley

Generally there is no duty to rescue or to call police under the common law. For example, Washington state allows for the charging of a misdemeanor. The law covers violent crimes, sexual assault, and assault of a child. The language of this Court in Brown v. Some states have moved to penalize those who do not call police.

Tort 42
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

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 58
article thumbnail

Legal scholars urge Senate to reject Trump First Amendment impeachment defense

JURIST

A letter signed by 144 constitutional law scholars and circulated Friday characterizes as “legally frivolous” ex-President Donald Trump’s First Amendment -based defense in his impeachment trial slated to start in the US Senate on February 8.

Legal 211
article thumbnail

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. Biased media viewers.

Court 50
article thumbnail

Can More Jury Trials Save the Justice System?

The Crime Report

King in a paper published in the University of Pennsylvania Journal of Constitutional Law. percent of federal criminal cases in 1962, but just over 2 percent in 2015, effectively turning trials into what former Supreme Court Justice Anthony Kennedy called “a system of pleas, not a system of trials.” justice system.

article thumbnail

The Return of Anthony Comstock: The Abortion Pill Case Raises a Law With A Dark and Troubling Past

JonathanTurley

The controversial law came up in oral arguments over the access to the abortion pill in the Supreme Court. The history of the Act, and its namesake, remains a blot on our legal system. For some of us, this is a painful reminder that the law continues to linger on our books. The repeal of the Comstock Act is long overdue.

Laws 39