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Maryland Moving at a Misguided PACE
FEATURED
March 14, 2025
Maryland Moving at a Misguided PACE
By: James Trusty
Maryland legislature is considering passing a law ineptly called the Protecting the Admissibility of Creative Expression (“PACE Act”) which would limit the use of rap lyrics, among other forms of expression, in criminal and juvenile proceedings. While prosecution use of rap lyrics in criminal trials is a bit uncommon, the state house move here is in reaction to a 2020 murder case in which a defendant’s post-arrest rap about killing “snitches” with a “.40” may have weighed heavily in the jury’s conviction. In Montague v. State, 471 Md. 657 Md. 2020) the Maryland Supreme Court affirmed the trial court’s ruling that Montague’s ruminations about murder and using a .40 caliber weapon—made from a jail phone after his arrest—was not an…
My Brother’s Keeper
February 20, 2025
My Brother’s Keeper
By: Abbey Block
Am I my brother’s keeper? Or more specifically, can lawyers be sued for their clients’ bad behavior? A newly proposed bill out of Washington state says yes. The bill, HB 1891, provides the following legal framework, under which an attorney can be sued for injuries caused by his or her client who is released from detention pending trial: Any person injured by an individual who…
DOJ Memo Sneaks In Seismic Changes
January 31, 2025
DOJ Memo Sneaks In Seismic Changes
By: James Trusty
Amidst the tidal wave of Executive Orders, presidential appointments, and policy announcements, it is easy to treat last week’s Interim Policy Memo from the Acting Deputy Attorney General[1] as just another ripple of nominal change that occurs when democrats replace republicans or republicans replace democrats. And, indeed, although there are portions of it that reflect the recurring philosophical tug-of-war over the tough on crime approach…
The Right to Remain Silent Does Not Extend to Computer/Phone Passwords
July 8, 2014
The Right to Remain Silent Does Not Extend to Computer/Phone Passwords
By: Ifrah Law
Recently the Massachusetts Supreme Judicial Court ruled that under certain circumstances, a court may compel a criminal defendant to provide the password to encrypted digital evidence without violating the defendant’s constitutional rights. This is an increasingly prevalent issue that has divided courts across the country and may be presented to the United States Supreme Court for review soon. Leon Gelfgatt was indicted in 2010 for…
U.S. Court of Appeals Decision: Cell Location Data is Protected Under Individual’s Expectation of Privacy
July 2, 2014
U.S. Court of Appeals Decision: Cell Location Data is Protected Under Individual’s Expectation of Privacy
By: Jeffrey Hamlin
The U.S. Court of Appeals for the Eleventh Circuit recently considered whether cell site location data is protected by the Fourth Amendment. On June 11, 2014, the court issued its decision in favor of privacy rights: the court held that cell site location information is within the cell phone subscriber’s reasonable expectation of privacy. If officers want the data, they must obtain the subscriber’s consent…
Court: Police Need Warrant to Search Phone. But Guess What? They Get to Keep Your Phone While They Get One.
June 26, 2014
Court: Police Need Warrant to Search Phone. But Guess What? They Get to Keep Your Phone While They Get One.
By: Jeff Ifrah
Will cops still get access to cell phone data post arrest? You bet. Today’s Supreme Court decision just means they need to get permission from a judge before they start searching who you have been texting. And odds are very good, that permission will be granted. In a unanimous decision authored by Chief Justice Roberts, the United States Supreme Court held that law enforcement officers…
Supreme Court Denies Cert. in New Jersey Sports Betting Case
June 23, 2014
Supreme Court Denies Cert. in New Jersey Sports Betting Case
By: Ifrah Law
Today, the United States Supreme Court denied New Jersey’s petition for a writ of certiorari to hear an appeal from lower court decisions that invalidated its sports wagering law. This ends a three year fight to bring sports betting to New Jersey’s casinos and racetracks, but NJ State Senator Raymond Lesniak, who has spearheaded efforts to bring sports betting to the state has vowed to…
Mock Twitter Account Raid Results in Marijuana Arrest
May 27, 2014
Mock Twitter Account Raid Results in Marijuana Arrest
By: Ifrah Law
Last month police raided the home of an Illinois man who created a parody Twitter account of his city’s mayor. No charges were brought against the man because the prosecutor determined that no crime had been committed, however the man’s roommate has been indicted for possession of marijuana that was found during the overzealous raid of their residence. Jon Daniel created the Twitter account @peoriamayor…
