Criminal Law

Testifying in Costume Now Constitutional

Posted by on Feb 1, 2013 in Criminal Law | 0 comments

According to a recent decision issued in United States v. Jesus-Casteneda, it is now constitutional for witnesses to testify in disguise. Apparently a “confidential informant” was allowed by the trial court to testify in a wig and mustache.  The prosecutor trying the case asked the trial judge for permission to allow him to disguise himself out of fear of retaliation.  The trial judge allowed the testimony to be given in the disguise. The defendant argued on appeal that the testimony violated his constitutional right to confront the witness.  He argued that to allow a witness to...

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Roadside Drug Testing in Michigan?

Posted by on Sep 9, 2010 in Criminal Law, News | 0 comments

According to an article on the Detroit Free Press web site, legislation has been introduced into the Michigan Legislature which would give the police authority to test driver’s saliva for illegal substances. According to the report police officers would have the test kits available for use during traffic stops and would be used to test for six different categories of drugs. These tests would be used instead of the more invasive blood tests which have traditionally required the police to obtain a search warrant. The legislation was introduced on September 8, 2010 and has yet to work its...

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