Criminal Law

Supreme Court Permits Law Enforcement Officers to Inquire About Weapons in Vehicles

Supreme Court Permits Law Enforcement Officers to Inquire About Weapons in Vehicles

In a unanimous decision, the Wisconsin Supreme Court ruled that a motorists 4th Amendment rights were not violated when law enforcement officers asked whether he possessed a concealed carry permit and whether there were firearms in the vehicle.

Weapons Check During Traffic Stop Does Not Violate 4th Amendment

Weapons Check During Traffic Stop Does Not Violate 4th Amendment

The Wisconsin Supreme Court recently had the opportunity to address the issue of whether a police officer can ask a motorist, during a routine traffic stop, if the motorist possessed a valid concealed carry (CCW) permit and whether there were any firearms in the vehicle.

The Right to Privacy in a Digital World

The Right to Privacy in a Digital World

We live in a digital age.  As technology advances, the law has struggled to keep up, which has created tension between law enforcement’s needs to investigate crimes and individuals’ constitutionally protected rights to privacy.  One area where such tension continuously arises is with respect to law enforcement efforts to access information contained on cell phones.

Court Grapples with Whether First Amendment Protects Harassment of Police Officers

Court Grapples with Whether First Amendment Protects Harassment of Police Officers

Free speech is a right guaranteed to all citizens based on the 1st Amendment to the Constitution.  Over the years, tension has developed between individuals seeking to exercise their free speech rights and governments attempting to enforce laws and maintain peace.  Oftentimes, people exercising their free speech rights find themselves arrested and subject to criminal charges. In such cases, the First Amendment may provide a defense to such charges.  The United States Supreme Court is currently wrestling with these issues in Bartlett v. Nieves.     

The Impact of the Separate Sovereigns Doctrine on Current Events

The Impact of the Separate Sovereigns Doctrine on Current Events

Most people have heard of someone “pleading the 5th” in  connection with a criminal investigation. This right arises under the 5th Amendment, which prohibits someone for being prosecuted twice for the same alleged criminal activity. However, many people are not as familiar with the Separate Sovereigns Doctrine, which permits the same alleged criminal activity to be prosecuted by both a state court and a federal court.

The Fourth Amendment Protects Concealed Carry Permit Holders from Unlawful Questioning By Law Enforcement During Traffic Stops

The Fourth Amendment Protects Concealed Carry Permit Holders from Unlawful Questioning By Law Enforcement During Traffic Stops

Attorney Eric Pangburn addresses whether and under what circumstances law enforcement officers may ask a motorist if he possesses a concealed carry permit or weapon during a routine traffic stop.