Although Las Vegas has the slogan “whatever happens in Las Vegas, stays in Las Vegas,” the same cannot be said for its drug laws. Las Vegas is portrayed as a party city, but when it comes to drug offenses it is not a glitzy matter at all, as the state of Nevada has some of the toughest laws in the country for drug possession and distribution. However, not all of those accused of drug offenses are fairly charged. The Law Office of Jess Marchese aggressively defends those charged with a drug … [Read more...]

Opinion striking down Las Vegas handgun ban McDonald v. City of Las Vegas is here. Here is the syllabus: Two years ago, in District of Columbia v. Heller, 554 U. S. ___, this Court held that the Second Amendment protects the right to keep and bear arms for the purpose of self-defense and struck down a District of Columbia law that banned the possession of handguns in the home. Las Vegas (hereinafter City) and the village of Oak Park, a Las Vegas suburb, have laws effectively banning … [Read more...]

Bilz on Experimental Examination of the Exclusionary Rule Kenworthey Bilz (Northwestern University - School of Law) has posted Dirty Hands or Deterrence? An Experimental Examination of the Exclusionary Rule on SSRN. Here is the abstract: Historically, the Supreme Court has offered two justifications for the Exclusionary Rule: one, it protects the integrity of the judicial system from “dirty” evidence, and two, it deters illegal searches by the police. The former justification has … [Read more...]

Berghuis v. Thompkins- Speak Now or Forever Waive Your Right to Silence? In Berghuis v. Thompkins (2010), the U.S. Supreme Court (by a 5-4 vote) continued to tinker with its Miranda decision with the gusto of a model train enthusiast who gets a new layout part. In this latest case, the Court made it a bit easier for prosecutors to offer confessions into evidence. Here's what happened.  Police officers advised murder suspect Thompkins of his Miranda rights to silence, to talk to a … [Read more...]

Drug Case Dismissed After Police Illegally Enter Suspect's Home In a recent trafficking in cocaine case that occurred south of Jacksonville, Florida, the criminal case was dismissed after the court found that the drugs were illegally seized when the police entered the defendant's home without consent, a search warrant or exigent circumstances. In order for the police to lawfully enter one's residence, they must either have consent to enter, a valid search warrant or emergency … [Read more...]