Legal Update

Legal Update May/June 2023

Larry E. Holtz, Esq. Clarifying the Process for Malicious Prosecution Claims In Thompson v. Clark, 142 S.Ct. 1332 (2022), the plaintiff, Larry Thompson, lived with his fiancée and their newborn baby girl in an apartment in Brooklyn, New York. At the time, Thompson’s sister-in-law was also staying there. The sister-in-law apparently suffered from a mental illness. On the day in question, the sister-in-law called 911 and claimed that Thompson was sexually abusing his one-week-old baby daughter.When several EMTs and four…

Continue reading

Legal Update January February 2019

Larry E. Holtz, Esq. Driveway Car Searches Unlawful Without a Warrant       Does the automobile exception permit a law enforcement officer – uninvited and without a warrant – to enter the curtilage of a home in order to search a vehicle parked at the top of the home’s driveway? Recently, in Collins v. Virginia, 584 U.S. ___ (2018), the United States Supreme Court said, “No!”  “The automobile exception does not afford the necessary lawful right of access to search a…