Canadian lawyer David T. Fraser has an interesting column on Slaw: I was reading an interesting article in the Lawyer’s Weekly today on the recent Supreme Court of Canada decision in R. v. Morelli, [2010] SCC 8. In his article, “Reforming Search & Seizure” (sadly, not available online), Professor Benjamin Goold makes the following comment…
Category: Court
Defendant has burden of showing drug dog is not qualified [Wrong!]
John Wesley Hall, Jr. writes: The CI was corroborated in significant part, and the CI had a good track record, so the stop was justified by that and the fact the registration expired. A drug dog was used on the vehicle, and the defendant has the burden of showing the drug dog was unqualified. United…
Nonresidents can be sued over Florida Internet posts
The Associated Press reports: Nonresidents can be sued for defamation under Florida law over their Internet postings if that information is accessible and accessed in Florida, the state Supreme Court ruled today.That applies even to bloggers such as Tabatha Marshall, who lives in Washington State and has no ties to Florida other than taking a…
SCOTUS holds that search of Quon’s text messages was not unreasonable (update3)
The Supreme Court has issued its opinion in City of Ontario v. Quon (previous coverage here). The opinion was written by Justice Kennedy. Erin Miller of SCOTUSblog writes that the court held that the search of the police officer’s text messages to his colleagues and to a woman with whom he was having an affair…