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Criminal Law

SEARCH & SEIZURE - ARREST WARRANTS
The Fourth Amendment of the United States Constitution guarantees the right to be secure against unreasonable searches and seizures. It provides that warrants for an arrest or for a search shall be based on probable cause, shall be supported by an oath or an affirmation, and shall describe with particularity the place to be searched or the person or thing to be seized. More...
Federal Government's Disclosure Obligations
The federal government has a duty to disclose certain documents and evidence to the defendant. The federal government has a duty to provide the defendant with a copy of his prior criminal record. However, the only information that must be provided to the defendant with respect to his prior criminal record is that which shows which offense the defendant was convicted of. The federal government is not required to provide any other information with respect to the conviction. More...
THE INDIAN GAMING REGULATORY ACT
After several federal courts ruled that state bingo laws were regulatory laws that could not be enforced against Native American tribes, Congress began looking at legislation that would satisfy the interests of law enforcement agencies and that would help to alleviate the economic problems of the Native American tribes by raising revenue through bingo and gaming. As a result, Congress enacted the Indian Gaming Regulatory Act (IGRA) of 1988. More...
FALSE STATEMENT TO OBTAIN PROPERTY OR CREDIT
A person commits the offense of a false statement to obtain property or credit when he or she intentionally or knowingly makes a materially false or misleading statement to obtain property or credit on behalf of himself or herself or on behalf of another person. The false or misleading statement must be in writing. More...
Production Immunity
Although the concept of production immunity is relatively new, in 1886 the United States Supreme Court held that the compulsory production of private papers containing incriminating information violated the Fifth Amendment to the United States Constitution. The Court has since found that as long as the subpoenaed papers were prepared voluntarily, the documents themselves cannot be said to contain compelled testimonial evidence. The documents therefore may not always be withheld on Fifth Amendment grounds. More...

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This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. E. Lavoyd Morgan, Jr.
& Associates
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