|
|
|
Court: California can force inmates to submit DNA
Legal Network |
2012/02/24 17:56
|
A divided federal appeals court ruled Thursday that California law enforcement officials can keep collecting DNA samples from people arrested for felonies.
The 9th U.S. Circuit Court of Appeals said law enforcement’s interest in solving cold cases, identifying crime suspects and even exonerating the wrongly accused outweigh any privacy concerns raised by the forced DNA collections.
The 2-1 ruling came in response to a lawsuit filed by four Californians who were arrested on felony charges but never convicted.
The arrestees sought a court order barring collection of DNA from people who are arrested but not convicted, arguing the process is an unconstitutional search and seizure since some suspects will later be exonerated.
The DNA samples are obtained with a swab of the cheek and stored in the state’s DNA database, which contains 1.9 million profiles. Arrestees who are never charged with a felony can apply to have their samples expunged from the database.
The state Department of Justice said it has had roughly 20,000 “hits’’ connecting suspects with previous crimes since it began collecting the DNA profiles.
Judge Mylan Smith Jr., writing for the two-judge majority, said the useful law enforcement tool wasn’t any more intrusive than fingerprinting. |
|
|
|
|
|
|
Strauss-Kahn has March court date in US
Legal Network |
2012/02/23 17:48
|
A New York court has scheduled a hearing on a lawsuit filed by the woman who accused former International Monetary Fund chief Dominique Strauss-Kahn of sexually assaulting her in a Manhattan hotel.
Prosecutors dropped criminal charges against Strauss-Kahn last year, but his accuser has demanded damages in civil court.
The March 15 hearing will deal with issues that must be resolved before a trial, which has yet to be scheduled.
Strauss-Kahn wants the lawsuit dismissed because he says he had diplomatic immunity. He isn't required to attend the March court session.
The hotel maid who says she was attacked and forcibly sodomized by Strauss-Kahn is Nafissatou Diallo (na-fee-SAH'-too dee-AH'-loh). Her lawyer, Kenneth Thompson, says she is "looking forward to her day in court and can't wait to get to trial." |
|
|
|
|
|
|
Court: Rights don't have to be read to prisoners
Legal Network |
2012/02/21 18:07
|
The Supreme Court said Tuesday investigators don't have to read Miranda rights to inmates during jailhouse interrogations about crimes unrelated to their current incarceration.
The high court, on a 6-3 vote, overturned a federal appeals court decision throwing out prison inmate Randall Lee Fields' conviction, saying Fields was not in "custody" as defined by Miranda and therefore did not have to have his rights read to him.
"Imprisonment alone is not enough to create a custodial situation within the meaning of Miranda," Justice Samuel Alito wrote in the court's majority opinion.
Three justices, Ruth Bader Ginsburg, Stephen Breyer and Sonia Sotomayor, dissented and said the court's decision would limit the rights of prisoners.
"Today, for people already in prison, the court finds it adequate for the police to say: 'You are free to terminate this interrogation and return to your cell,'" Ginsburg said in her dissent. "Such a statement is no substitute for one ensuring that an individual is aware of his rights."
Miranda rights come from a 1966 decision that involved police questioning of Ernesto Miranda in a rape and kidnapping case in Phoenix. It required officers to tell suspects they have the right to remain silent and to have a lawyer represent them, even if they can't afford one.
Previous court rulings have required Miranda warnings before police interrogations for people who are in custody, which is defined as when a reasonable person would think he cannot end the questioning and leave. |
|
|
|
|
|
|
NY appeals court orders NJ programmer's acquittal
Legal Network |
2012/02/17 19:04
|
A federal appeals court on Friday reversed the conviction of a former Goldman Sachs programmer on charges he stole computer code, ordering an acquittal in a case that tested the boundaries of what can be considered a crime as companies seek to protect their intellectual property from competitors.
The unusually speedy mandate from the 2nd U.S. Circuit Court of Appeals in Manhattan will result in freedom for Sergey Aleynikov, of North Caldwell, N.J. He has been in prison since he was sentenced in March to more than eight years in prison. He was convicted in December 2010 of stealing trade secrets and transporting stolen property in interstate and foreign commerce.
A three-judge appeals panel heard arguments on Thursday, but the judges gave no indication that they would reverse the lower court hours later with a terse, one-paragraph order. The 2nd Circuit said it would issue a written ruling "in due course" to explain its decision.
Aleynikov's attorney, Kevin Marino, said he spoke with his client Friday. He said Aleynikov reacted by concluding: "There is justice in the world."
"I could not be happier," Marino said. "It's justice because Sergey Aleynikov did not commit either of the crimes with which he was charged. The government's attempt to stretch this criminal federal statute beyond all recognition resulted in a grave injustice that put Sergey Aleynikov in prison for a year."
In arguments before the 2nd Circuit on Thursday, Marino called it "ridiculous" and "preposterous" that his client was facing eight years in prison because he was found to have information that was not a product that Goldman Sachs sold in interstate and foreign commerce. A prosecutor had asked the court to uphold the conviction, saying protection of trade secrets was the only way companies could retain their technological advantages. |
|
|
|
|
|
| Lawyer & Law Firm Websites |
|
|
Legal News RSS Feed
