I will, from time to time, publish thoughts pertaining to constitutional or criminal law. Most are written by me; some might be especially important contributions from other posts and writers. I welcome your thoughts and input, provided they are tasteful. I don't care if you agree or disagree with me, but I don't want you to be disagreeable in your exposition.
There is no area of the law in the modern era that is more driven by political pressures and agendas than the area of drunk driving. [I had one judge who was apoplectic about my mentioning the term "drunk driving," because the statutory offense is "driving under the influence of alcohol," not "dr...
California courts play games with the Constitution when the subject is drunk driving.
Ever wonder what the cops are looking for when they stop a person for suspected drunk driving? There are 24 cues that NHTSA teaches the police to look for; one that is missing is significant:
The Visual Detection of DWI Motorists NHTSA
24 Driving Cues DWI DETECTION GUIDE
There was this police dog. The courts were repeatedly told that he was a wonderful and reliable drug sniffing canine, and he sported a badge. He had been in loyal and “effective” service for a few years, with a reputation based on cops' representations spreading far and wide. We'll call him “F...
The following comments and points are those of Professor Barnett, except for my own bracketed parentheticals in bold. mk
When reading the Declaration, it is worth keeping in mind two very important facts. The Declaration constituted high treason against the Crown and every person who signed it...