Category Archives: Criminal

Fourth Amendment allows warrantless breath test, but not blood test.

US Supreme Court bolsters DUI laws by asserting that a warrant is not required to obtain breath test incident to DUI arrest. The judges equate this to a search of a person after arrest and that it is not a significant intrusion of privacy or person. On the other hand, the judges say that blood tests require piercing the skin, thus are more intrusive and give law enforcement a sample from which more information can be extracted. See Birchfield v. North Dakota, Oct. Term, No. 14-1468.

If you want to keep your guns, don’t hit your spouse!

The US Supremes recently clarified 18 USC 922 which makes it illegal to possess a firearm if you have been convicted of the crime of domestic violence. The Court makes it clear that a misdemeanor conviction for domestic violence in state court, even if it was reckless as opposed to knowing or intentional, qualifies as a conviction for purposes of the act and prohibits that person from possessing firearms. So if you want to keep your guns, don’t hit your spouse. See Voisine et al v. US, Oct. Term, 2015, No. 14-10154.