Skip navigation
PYHS - Header

Articles by Richard Resch

SCOTUS Announces ‘Right-to-Control’ Theory Not Valid Basis for Liability Under Federal Wire Fraud Statutes

by Richard Resch

The Supreme Court of the United States (“SCOTUS”) held that the “right-to-control” theory of liability, which imposes liability for depriving the victim of “potentially valuable economic information … necessary to make discretionary economic decisions,” is not a valid basis for liability under the federal wire fraud statutes ...

SCOTUS: Honest-Services Fraud Jury Instructions Regarding Private Citizen Too Vague

by Richard Resch

The Supreme Court of the United States held that a trial court’s jury instructions on the standard as to whether a private citizen owes a fiduciary duty to the public and a breach thereof may serve as the basis for a conviction for honest-services fraud were too ...

Fifth Circuit: Placing Jacket Within Fenced-In Area of Home in Presence of Police Evidences Clear Intent Not to Abandon It, Warrantless Search Violates Fourth Amendment Rights

by Richard Resch

The U.S. Court of Appeals for the Fifth Circuit held that police violated a defendant’s Fourth Amendment rights by conducting a warrantless search of his jacket that he tossed over the fence at his mother’s home as police were initiating contact because he did not “abandon” his ...

SCOTUS Announces Statute of Limitations for § 1983 Claim Challenging State’s Postconviction DNA Testing Procedures Begins to Run Upon Completion of State-Court Litigation, Including Appeals

by Richard Resch

The Supreme Court of the United States held that when a prisoner’s request for postconviction DNA testing of evidence in accordance with the process established by the state is denied and the prisoner files a 42 U.S.C. § 1983 procedural due process claim challenging the constitutionality of ...

Seventh Circuit: Fugitive Who Leased Condo Under Alias Retained Expectation of Privacy so Landlord Could Not Give Valid Consent for Warrantless Search of Premises

by Richard Resch

The U.S. Court of Appeals for the Seventh Circuit ruled that a suspect in a federal drug investigation who leased a condominium using a false name retained a subjective expectation of privacy in the premises that society recognizes as reasonable, and thus, the landlord could not give ...

California Court of Appeal: Geofence Warrant Violates ‘Particularity’ Requirement of Fourth Amendment and Is ‘Overbroad’ but Good Faith Exception Applies Because of the Novelty of Geofence Warrants at Time Sought and Executed

by Richard Resch

The Court of Appeal of California, Second Appellate District, held that a geofence warrant used to gather evidence in a homicide investigation that resulted in two murder convictions lacked the requisite particularity and was overbroad in violation of the Fourth Amendment. Nevertheless, the Court affirmed the convictions ...

Fifth Circuit Announces Altered Serial Number Enhancement Does Not Apply Where Gun Never Had Serial Number

by Richard Resch

The U.S. Court of Appeals for the Fifth Circuit joined four of its sister Circuits in holding that U.S. Sentencing Guideline § 2K2.1(b)(4)(B) does not apply in cases where the firearm in question never had a serial number.

A Houston Police Department officer conducted a traffic stop ...

First Circuit Vacates Sentence Containing 20-Year Upward Variance Because District Court Failed to Provide Case-Specific Factors or Rationale for Such a Large Variance

by Richard Resch

The U.S. Court of Appeals for the First Circuit vacated Jadnel Flores-Nater’s 30-year prison sentence containing a 20-year upward variance because the District Court failed to provide the required case-specific rationale to justify an upward variance of that magnitude.

On June 8, 2018, Flores-Nater together with four ...

Idaho Supreme Court: Drug-Detection Dog Conducted Warrantless Search by Placing Paws on Exterior of Vehicle to Sniff for Drugs

by Richard Resch

In a case of first impression, the Supreme Court of Idaho held that police conducted a warrantless search of a vehicle when a drug-detection dog trespassed against personal property by placing his paws on the exterior of the vehicle and performed a free-air sniff in order to ...

Vermont Supreme Court Announces ‘Pinging’ Cellphone to Obtain Real-Time CSLI Constitutes a Search Requiring a Warrant or Recognized Exception

by Richard Resch

The Supreme Court of Vermont held that individuals have a reasonable expectation of privacy under the state Constitution in their real-time cell site location information (“CSLI”), and obtaining this information by police requires a warrant, unless a recognized exception to the warrant requirement applies.

On December 28, ...



Federal Prison Handbook - Side
Advertise Here 2nd Ad
CLN Subscribe Now Ad 450x600