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Bloch & Chapleau News

U.S. Supreme Court Rules That Search By Drug Sniffing Dog Violates The 4th Amendment

In Florida v. Jardines, the United States Supreme Court recently held that an investigation of a defendant’s home by a drug sniffing dog does not constitute a permissible search under the 4th Amendment.  In that case, the police had received an unverified tip that marijuana was being grown at the defendant’s home.  The police approached the home to investigate with a drug-sniffing dog, but without a warrant.  Although the police did
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The Defendant Is Not Required To Testify in a Criminal Trial

In a criminal case, the prosecution has the burden to prove all of the elements of the charged crime beyond a reasonable doubt.  However, the prosecution is not allowed to use the testimony of the defendant to meet its burden.  Moreover, the jury cannot draw any inferences based on whether or not the defendant has chosen to testify.  Thus, the decision to testify is a critical consideration in preparing for trial,
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