Search of student okay under Fourth Amendment

       Evidence obtained as a result of a search of a student by a public high school official was lawful.  The Fourth Amendment protects students of a public school campus against unreasonable search and seizure.  However, the need to maintain discipline and a safe environment for learning is considered.  The search in this case was conducted pursuant to an established policy that every student who leaves the campus and then returns is subject to search upon return.

       Juvenile Law Crimes is a focus of this office.  A violation of a minor's rights has great impact the juvenile life and future.  

     Brought to you courtesy of the Law Offices of Arna H. Zlotnik a criminal defense attorney serving the greater Los Angeles area, including downtown Los Angeles, the San Fernando Valley area, the Westside and the South Bay area.  We are here to help you, criminal defense legal assistance is a phone call or e-mail away. Please contact us today.

Actor Stephen Baldwin sues Costner over BP device

     December 2010 - New Orleans - Stephen Baldwin is suing Kevin Costner, for unspecified damages, over their investments in a device that BP used to try to clean up the massive Gulf oil spill.  A federal lawsuit  claims Costner and a business partner duped them out of their shares of an $18 million deal for BP to buy oil-separating centrifuges from a company they formed after the April 20 spill.

    
    Courtesy of the Law Offices of Arna H. Zlotnik a criminal defense attorney serving the greater Los Angeles area, including downtown Los Angeles, the San Fernando Valley area, the Westside and the South Bay area.  We are here to help you, criminal defense legal assistance is a phone call or e-mail away. Please contact us today.

Victim's statement to a firefighter is admissible at trial

     Victim's statement to a firefighter while in the ambulance, when the victim was close to death, which identified the defendant as perpetrator, is nontestimonial and admissible under 6th amendment right to confront witnesses against him.  The prosecutor claimed it was admissible as a spontaneous statement.  The firefighter was not a law enforcement agent charged with investigation of the crime was the key.  However, each case must be evaluated on its own facts. 
     Please contact this law office today to see that justice will prevail and your constitution rights are protected. 

Observations by police from driveway is valid

     To prevail on a motion to suppress evidence in a criminal case, the person challenging the constitutionality of a search or seizure must have a "legitimate expectation of privacy in the areas searched."  As a general rule, the area around a house that is protected will be greater in a rural area than that in a densely populated urban setting.  One court held that the observations made by a law enforcement officer from the property's driveway is acceptable.  Always, each case is unique as its facts and must be independently evaluated. 

     Sound decisions can only be made with accurate and reliable information, and I am happy to be a trusted resource for you.  Please call the Law Offices of Arna H. Zlotnik now so we may discuss all strategies available to your case.  

Residential Burglary Does Include Entry Onto Balcony

     Although case law says that entry onto an ordinary, unenclosed front porch does not constitute entry into a residence for the purposes of residential burglary, entry onto an attached balcony that is functionally connected with the residence and not accessible to the public is.   

    If you have such issues, a complete evaluation and interpretation of your case is necessary.  Please contact this office so we may discuss all possible strategies and defenses of your case today.  Don't delay, immediate consideration is always to your advantage.

Unlawful search incident to a lawful arrest

        Search and seizure is an area of  criminal law defense that seeks to suppress evidence recovered because of a 4th Amendment violation.  Recent case law holds that there is a limitation to a search incident to arrest that may only include the arrestee's person and the area within his immediate control. 
        Officers used to routinely encompass a wide array of situations to justify a search of a location or car as incident to arrest regardless where the suspect was being detained.  No longer can the search be justified as an area generally within which an arrestee might reach. 

Firearms sentencing law

A defendant may be sentenced for firearm theft and firearm possession where both offenses, although part of the same act, were committed with different objectives.

Welcome To My BLOG

This BLOG is intended to be a forum for criminal justice discussions.  We will cover present state of the law regarding constitutional rights violations and substantive crime areas including assault and battery, theft, violent crimes including criminal threats, weapons charges, murder, rape, domestic violence, also drug related charges including sales, possession and addiction of methamphetamine, cocaine, heroin and marijuana and traffic related offenses and DUIs. Hope it found to be illuminating, interesting and helpful.