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Monthly ArchiveOctober 2009



DUI Law bruce on 21 Oct 2009

Justice Roberts Rails Against the Fourth Amendment

Recently Chief Justice Roberts fired off an opinion against most of his fellow Justices for not agreeing to review a case from Virginia regarding a DUI stop from an anonymous caller.  The Virginia case was simple; someone called 911 anonymously to report an alleged drunk driver.  Officers responded and found a vehicle matching the caller’s description.  The officers followed the vehicle and despite no bad driving to substantiate the anonymous call, stopped the vehicle.  The Virginia Supreme Court found this to be an unreasonable action in violation of the Fourth Amendment to the Constitution but the State asked the United States Supreme Court to review the decision.  The majority of Justices declined leading to Justice Roberts’ outburst.

What Roberts does not seem to grasp is that the Supreme Court has routinely held that standing alone an anonymous tip of illegal activity is not sufficient to accost a citizen UNLESS the illegal activity can be confirmed.  In Florida v. J.L. the Court stated that a 911 call of an Continue Reading »

DUI Defense &DUI Law bruce on 01 Oct 2009

Deposition of Marcelline Burns

Although it goes back to 1988, lately we’ve been getting requests for a copy of the transcript of the deposition Marcelline Burns conducted by Kapsack and Bair.

As experts in the field, you will recall that she is the person most responsible for legitimizing field sobriety tests. What many of you may not know is that we were the first law firm to formally depose her.

The transcript of the deposition is available on our main website as one of our DUI Resources.