Evidence

Cross-Examining a Prosecutor

January 20, 2012 Criminal Procedure

I have been called to testify in a criminal case. A couple of weeks ago I represented a woman seeking a civil protection order against a former boyfriend. With the boyfriend now facing criminal charges for contempt of court, certain admissions he made to me during the course of that representation have become relevant to [...]

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Why Police Officers Love the “Plain View” Exception

October 27, 2011 Criminal Procedure

Police officers love the “plain view” exception to the Fourth Amendment requirement for a warrant. It is because this exception is so straightforward and understandable:  I didn’t need a warrant because I saw it with my own eyes.  I immediately recognized it as contraband.  So I grabbed it. All the other exceptions are much more [...]

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The Weather is Here, Wish You Were Beautiful: Love Letter to a D.C. Law Enforcement Officer

October 1, 2011 Criminal Procedure

I have a beef with a D.C. law enforcement officer.  I would be more specific, but I don’t want to embarrass my investigator.  He has to work with the guy. Dear Mr. Law Enforcement Officer: I understand you have been giving my investigator the old run-around.  Before becoming a criminal defense attorney, I worked for [...]

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On Police Officers and Other Bullies

September 23, 2011 Evidence

I am sitting in JM-15 at D.C. Superior Court watching a Georgetown University law student cross-examine a police officer on a drug case. The officer is doing the old “dumb officer” routine; that is, he can’t seem to understand any of the questions, even though it is perfectly clear to everyone else in the courtroom [...]

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Why I Like Surveillance Cameras

September 19, 2011 Evidence

A proposal to install indoor surveillance cameras at Fairfax County schools in Virginia has created quite a controversy.  With many parents still upset over harsh disciplinary practices in the schools that have led to a couple of suicides, critics of the proposal have expressed concern over any further encroachment on the civil liberties of students.  [...]

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In Favor of a Virginia Jury Instruction on “Knowing and Intentional” Possession

September 14, 2011 Criminal Procedure

My client is a convicted felon. He knows that it is illegal for him to possess a firearm. He lends his ex-wife his car.  She returns it to him after a couple of days but accidentally leaves behind a handgun she had intended to take to the pawn ship. She calls my client and tells [...]

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Blades v. U.S.: On Cross-Examination and Bias

August 16, 2011 Evidence

The right to cross-examine witnesses is one of the defendant’s most important trial rights.  And, among the areas for cross-examination, what could be more important than bias?  An inability to accurately perceive events could result in an honest mistake.  Bias suggests that the witness might be deliberately coloring the testimony. In Blades v. United States, [...]

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On Hoopties and Shell Stations: The Benefits of Visiting a Crime Scene

July 22, 2011 Evidence

Yet another benefit to private practice – as opposed to being a public defender – is that you have more time for investigations. Wayne, my investigator, actually handles most of my on-scene investigations.  As a former cop, he knows what he is doing. He has a great way with clients and witnesses. He also knows [...]

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The “Collective Knowledge” Doctrine in D.C.

March 20, 2011 Evidence

The firmly established “collective knowledge” doctrine in D.C. provides that, in determining whether the officers possessed sufficient knowledge to establish reasonable suspicion or probable cause for a search or seizure, it is not what any individual officer knows but what the officers know collectively, whether or not the information is actually communicated from one officer [...]

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“Let The Record Reflect . . .”: A Lawyerly Affectation?

February 14, 2011 Evidence

Over at Liberty & Justice for Y’All, B.W. Barnett describes one of his pet peeves:  lawyers who pepper their speech with the phrase “let the record reflect” or “for the record.” “Of course the record will reflect!” he writes.  “If you’re saying something out loud in court and there is a court reporter present taking [...]

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