San Francisco & Bay Area Criminal Defense Lawyers

Fourth Amendment Update: US Supreme Court Rules GPS Trackers are a Form of Search & Seizure:  http://www.theatlantic.com/…/supreme-court-if-youre…/389114/

The Gray Area between Friend and Fiduciary In a landmark decision, the United States Court of Appeals for the Second Circuit, an influential court in securities litigation, provided clarity on the elements required to hold a tippee liable for insider trading. The decision by the Second Circuit on December 10, 2014 to reverse the charges, with prejudice, in United States v. Todd Newman, Anthony Chiasson sets a new definition for who can be held liable for insider trading . Before Newman , insider trading was broadly defined. This decision narrows the scope. The Government now must tangibly prove whether an investment professional knew that information had been disclosed in breach of a fiduciary duty in exchange for a personal benefit. The Government’s impending efforts to combat and thwart those tippees who are alleged to be involved in insider trading activities now must first determine, and later prove, whether the material nonpublic information was obtained from a friend with b...

The California First District Court of Appeal last week struck down a state law that required the collection of DNA from anyone arrested on suspicion of committing a felony. The Court concluded that the state Constitution’s ban on unreasonable search and seizure prohibited the DNA collection (by use of a cheek swab). The law was initially approved by voters in 2004 and allows for the collection of DNA upon an arrest - even before criminal charges are filed. The ruling could still be appealed and therefore, it is unclear whether law enforcement will immediately stop the collection of DNA from anyone arrested for a felony , particularly since the Court did not issue an immediate order stopping police.  The court's ruling also recognizes that DNA is fundamentally different and more invasive than the collection of fingerprints.

September 24, 2014 Holder Memo on § 851 Enhancements in Plea Negotiations. Notable lines: "An § 851 enhancement should not be used in plea negotiations for the sole or predominant purpose of inducing a defendant to plead guilty." Holder is making sure his message on drug policies is heard loud & clear before he departs!   http://sentencing.typepad.com/files/ag-letter-regarding-enhancements-in-plea-negotiations.pdf

On July 11, 2014 a new federal policy governing custodial interrogations by federal law enforcement agencies went into effect. That policy, documented in a May 12, 2014 Memo from Deputy Attorney General James M. Cole and supplemented by a videotaped statement by U.S. Attorney Eric Holder (apparently setting the example) established a presumption that the following agencies will electronically record statements made by individuals in their custody in specified circumstances: the Federal Bureau of Investigations (FBI), the Drug Enforcement Administration (DEA), the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and the United States Marshals Service (USMS). The new policy “strongly encourages” the use of video recording in circumstances where an individual is in a place of detention following arrest, but prior to an initial appearance before a judicial officer. Interviews in non-custodial settings are excluded from the presumption. The policy describes “places of detent...

In United States v. Edwards, 2014 WL 3747130 (9th Cir. July 31, 2014) the United States Court of Appeals for the Ninth Circuit addressed two issues: the first one was whether the stop of Edwards was only an investigatory stop or a de facto arrest and the second was whether there was enough reasonable suspicion for the police to stop and detain Edwards. The facts of the case are as follows: an anonymous call to the Inglewood Police Dept said that there was a young black male shooting at passing cars and entering the “Penny” liquor store. The anonymous 911 caller described the suspect as being 5’7’’ to 5’9’’ and wearing a black jacket and khaki pants. Police arrived at the described location and 75 feet away from the liquor store they saw Edwards who was 5’11’’ wearing a black long-sleeved shirt and grey pants. The police held Edwards at gunpoint and handcuffed him. They conducted a pat search of his person and discovered a .22 caliber handgun. The caller did not want to participate fu...

Written By: Paul J. Wallin , Senior Partner of Wallin & Klarich, A Law Corporation. If you have been convicted of a felony crime, you have options available to you. A guilty verdict does not necessarily have to be the final judgment. Many criminal convictions may be reversed or modified on appeal. I cannot stress enough the importance of conducting meticulous research before selecting an attorney to represent you.  Regarding trial lawyers, attorney Julia Jayne handles all of her cases fairly and ethically, she is also a tenacious fighter who will work vigorously to make certain that her clients obtain the justice they desire and deserve. If you were found guilty of felony charges because you were unable to retain a trial attorney of Ms. Jayne’s caliber, you may still have a second chance through an appeal. However, this time you must ensure that you conduct the adequate research necessary to select the right lawyer to handle your appeal. An attorney who is experience...