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BILL OF RIGHTS-- First Amendment - Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.-- Second Amendment -A well regulated Militia being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed-- Third Amendment - No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law-- Fourth Amendment - The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.-- Fifth Amendment - No person shall be held to answer for any capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.--Sixth Amendment - In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.-- Seventh Amendment - In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re examined in any court of the United States, than according to the rules of the common law-- Eighth Amendment - Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted-- Ninth Amendment - The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people--Tenth Amendment - The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people--.
Taking the Fifth-A Criminal Law Blog
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  • WISCONSIN DISTRICT ATTORNEY ACCUSED OF SEXUALLY HARASSING VICTIM IN DOMESTIC VIOLENCE CASE

    Calumet County, Wisconsin District Attorney Ken Kratz sent a series of sexually implicit e-mails to Stephanie Van Groll while he was prosecuting her ex-boyfriend for domestic violence. Among the statements in the e-mails were:

    “Are u the kind of girl that likes secret contact with an older married elected DA?”

    “I know this is wrong. I am such a honest guy and straight shooter.”

    “You may be the tall, young, hot nymph, but i am the prize.”

    At the time of the incident Kratz was chairman of the Wisconsin Crime Victims’ Rights Board which he helped to found and which has the power to reprimand public official who mistreat crime victims. With pressure from the State Department of Justice he resigned from the Board.

    Apparently he broke no rule of professional conduct in sending the e-mails. The Wisconsin Department of Justice found no criminal violation. The Wisconsin Office of Lawyer Regulation found Kratz’s behavior to be inappropriate but also found that it did not violate any rule of professional conduct.

    While he may not have broken any laws or violated any rules of professional conduct his effect upon Van Groll and domestic violence victims in general cannot be overlooked and some have called for his resignation. Kratz has refused to resign and the only sanction available to the public is to defeat him when he runs for reelection in 2012.

    One problem that domestic violence victims have is their inability to trust people, particularly men and authority figures after the incident. They have trouble developing trusting relationships with lawyers and therapists. Kratz’s actions made it difficult for Van Groll to cooperate in the prosecution 1 of her ex-boyfriend. As Van Groll said, she had three days of hell as a result of the e-mails.

    Notes:

    1. After the incident Kratz took himself off the case and the state attorney general’s department successfully took over the prosecution.
  • DELAWARE SUPREME COURT UPHOLDS VEHICLE SEARCH

    The Delaware Supreme Court upheld drug and driving charges against Brandon Hill.

    New Castle County, Delaware Police conducted random vehicle registration searches along Route 273. They stopped Hill and discovered that he had a suspended license, lacked proper registration and proof of insurance. Officer Torres ran Hill’s record. It came back that he may be armed and dangerous. After a back up officer arrived Hill was pat searched. They found $390 in cash 1 and a number of cell phones. They then requested and received permission to search the vehicle, They ordered a dog to sniff the vehicle. They found two large plastic bags filled with 32 plastic baggies containing crack cocaine and six Oxycodone pills.

    On appeal Hill asserted that the police had no reason to detain him after the pat search and that everything seized after the search must be suppressed. But Hill’s counsel failed to raise this issue in the trial court and therefore the appellate court will only reverse the decision if there was plain error. The Supreme Court refused to do so. It found the officers had a reasonable suspicion of criminal activity based upon Hill’s driving without a license, the information that he may be armed and dangerous, 2 nervous fidgeting and the finding of the money and the cell phones.

    Considering all of these issues the court found that the denial of the search motion was not Hill plain error and it affirmed the conviction.

    Notes:

    1. Why the money was taken out of his pocket during a pat search I do not know.
    2. a computer printout reading that Hill may be armed and dangerous is no proof of current criminal activity in my book.