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A Reasonable Mistake?


The Saturday Podcast


A man is stopped for a broken taillight in a place where it is not illegal to have a broken taillight… from there things go down hill… fast.

What happens when a Police Officer makes a “reasonable error” in enforcing a law that doesn’t actually exist as the basis for a search and seizure?

And should the results of that search and seizure be admissible in Court? 


The Saturday Podcast – Inadvertent DNA


DNA022415-800x500In Maryland, the High Court rules that a man who sweated on a chair and was convicted of rape based on that DNA sample, which he declined to give voluntarily. Does this mean that we have to wear clean suits everywhere from now on? The two conditions the Court says are necessary to satisfy the 4th Amendment. What lessons are there for us based on the idea that inadvertently shed DNA is now open game for Law Enforcement?

DEA Used a Woman’s Private Photos to Catfish Drug Dealers on Facebook

The DEA used her Cell phone to get the pictures to set up a phony Facebook page to lure Drug Dealers. So the questions are (a) was there a warrant to search the phone? (b) Was there a warrant to seize the pictures? (c) Are there not privacy issues here?

The Government “settled” the case without admitting any wrongdoing.


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