Legal Update

Larry E. Holtz, Esq. High Court Permits Warrantless Blood Draws from Unconscious Drunk Drivers Is a warrant required for a blood test when an officer has probable cause to believe a motorist has been driving while under the influence of alcohol, but the motorist is unconscious and cannot be given a breath test? Recently, in Mitchell v. Wisconsin (U.S. 2019), the United States Supreme Court said, “No.”In such cases, “the exigent circumstances rule almost always permits a blood test without…

Supreme Court Limits Excessive Forfeitures as Criminal Penalties Larry E. Holtz, Esq. Recently, in Timbs v. Indiana, 586 U.S. ___ (2019), the United States Supreme Court unanimously ruled that states cannot impose excessive fees, fines and forfeitures as criminal penalties. The Court’s decision underscores that the Eighth Amendment’s prohibition against “excessive fines” applies to states and localities as well as the federal government. Justice Ruth Bader Ginsburg, just back in court after lung cancer surgery, wrote the majority opinion and…

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…

Larry E. Holtz, Esq. Supreme Court Protects Cell Phone Location Information             Does an individual have a constitutional right of privacy in his (or her) cell phone location information? Recently, in Carpenter v. United States (US 6-22-18), the United States Supreme Court said, “Yes!” The Case: Police arrested four men suspected of robbing a series of RadioShack® and (ironically enough) T-Mobile® stores in Detroit. One of the men confessed that, over the previous four months, the group had robbed nine…

US Supreme Court Rules in Favor of Police in DC House Party Case Larry E. Holtz, Esq. A boisterous, late night Washington, DC, party leads to the arrest of partygoers and, ultimately, to a decision regarding probable cause. Recently, in District of Columbia v. Wesby, 583 U.S. ___ (2018), the United States Supreme Court rejected a claim made by 16 trespassing partygoers that the police lacked probable cause to arrest them. The circumstances unfolded at about 1:00 a.m. in the…

Restricting Sex Offenders’ Access to Social Media Web Sites Violates First Amendment Larry E. Holtz, Esq.  “To foreclose access to social media altogether is to prevent the user from engaging in the legitimate exercise of First Amendment rights.” In Packingham v. North Carolina, 137 S.Ct. 1730 (2017), the United States Supreme Court addressed a North Carolina statute making it a felony for any registered sex offender to gain access to “a commercial social networking Web site where the sex offender…

Larry E. Holtz, Esq. A First Amendment Right to Record the Police   “Every Circuit Court of Appeals to address this issue . . . has held that there is a First Amendment right to record police activity in public.” With major advances in technology and the widespread ownership of smartphones, civilian recording of police officers has become common place. Recently, in Fields v. City of Philadelphia (3rd Cir. 2017), the Third Circuit joined a growing array of federal circuit…

Larry E. Holtz, Esq. DEADLY FORCE: AN OFFICER’S FAILURE TO SHOUT A WARNING In its first decision of 2017, the U.S. Supreme Court renders a determination regarding qualified immunity in a police shooting case. Recently, in White v. Pauly, 137 S.Ct. 548 (2017), the United States Supreme Court addressed “the situation of an officer who – having arrived late at an ongoing police action and having witnessed shots being fired by one of several individuals in a house surrounded by…