No Warrant, No GPS Tracking Of Car
In a unique opinion issued on January 23, 2012, the United States Supreme Court qualified the warrantless attachment of a GPS tracking device to an individual’s automobile as a “search” under the Fourth Amendment, but stopped short of calling it unreasonable. The question of precisely what facts constitute and unreasonable warrantless GPS tracking of a [...]
North Las Vegas Municipal Court Offering Reduction Of Fines
For a limited time the City of North Las Vegas Municipal Court is reducing the fines by up to 50% for cases that qualify. Click on the link below to read more on the Court’s website and to find out if you qualify. North Las Vegas Municipal Court – Fine Reduction Program Bookmark [...]
Establishing Value In Shoplifting Cases
In Stephans v. State, 127 Nev. Adv. Op. No. 65, ___ P.3d ___ (October 6, 2011) a recent shoplifting case, the only evidence regarding the value of the stolen goods came in the form of live testimony at trial from a loss prevention officer. The officer testified – based on his memory – as to what [...]
Anatomy Of A Deposition
The significance of depositions cannot be overstated. As the court noted in the attached order, “[d]epositions are the factual battleground where the vast majority of litigation actually takes place.” Hall v. Clifton Precision, 150 F.R.D. 525, 531 (E.D. Pa. 1993). Attached is a recent (12/5/2011) order by the federal magistrate following plaintiff’s motion for sactions filed after the failed attempt [...]
2011 Legislative Updates (Cont’d) – Juvenile Crimes
A.B. 134 (Chapter 12) Maximum Punishment of Juvenile Offender Changes the maximum punishment a court may impose for a crime by a person who was under 18 years old when the crime was committed. For a crime otherwise punishable by death, the maximum punishment is life imprisonment without the possibility of parole. For non-homicide crime, [...]
2011 Legislative Updates
Here is a brief overview of some new laws in the area of criminal law set to take effect, or already in effect for 2011. A.B. 83 (Chapter 31) Identity Theft This measure became effective October 1, 2011, and applies retroactively to a person who committed an identity theft crime before that date, if the applicable statute [...]
Justified Terry Frisk
In Nevada’s latest Fourth Amendment ruling, Cortes v. State, 127 Nev. Adv. Op. No. 44 (July 21, 2011), North Las Vegas police were justified in frisking Appellant Cortes following a lawful traffic stop for failing to display a license plate or visible temporary tag. Following the analysis of the United States Supreme Court in Arizona v. Johnson, [...]
Conferring With Your Client During Deposition
How many times have you seen a deposition stopped so the deponent could get a drink of water or use the restroom (wink, wink- speak with their attorney)? The article linked below digs up and breaks down a number of opinions which have explored this issue, including one from Nevada- In re Stratosphere Corp. Securities Litigation, 182 F.R.D. 614 (D. Nev. [...]
DUI And The Sixth Amendment: Lab Scientist Who Signed Report Must Testify, Not Colleague.
The Sixth Amendment’s Confrontation Clause gives the accused in all criminal prosecutions, the right, to be confronted with the witnesses against him. For anyone practicing in the area of DUI and drunk driving, the United States Supreme Court in Bullcoming v. New Mexico, (Slip opinion, June 2011), addressed the issue of “whether the Confrontation Clause [...]
Fifth Amendment Invocation Inadmissible
In Vipperman v. State, 96 Nev. 592 (1980), the Court held that in light of United States v. Hale, 422 U.S. 171 (1975), it was reversible error for the district attorney to repeatedly make reference to Defendant’s post-arrest silence in failing to reveal his alibi to the police. Defendant was arrested at the scene and [...]
