Fourth Amendment Law Archives

Criminal Justice News

Written by Robbi Cook, July 24, 2016, Arrest, Bail, Constitutional Rights, Criminal Attorney Oakland, Criminal defense, Criminal Lawyer Oakland, Drug Crimes, Fourth Amendment Law, Illegal Search and Seizure, Oakland criminal attorney, Oakland criminal lawyer, Plea Bargain, Search and Seizure, Uncategorized

Here are some recent stories in the news related to criminal justice that were somewhat dispiriting. Warrantless Searches In June, the Supreme Court issued an opinion in the case of Utah v. Strieff which further whittles down our Fourth Amendment right to be free from warrantless searches. In a five justice majority opinion by Judge

New Digital Privacy Law-Warrant Required

Written by Robbi Cook, October 31, 2015, Constitutional Rights, Criminal Attorney Oakland, Criminal defense, Criminal Lawyer Oakland, Fourth Amendment Law, Illegal Search and Seizure, Law enforcement, Oakland criminal attorney, Oakland criminal lawyer, Right of Privacy, Search and Seizure, Uncategorized

On October 8, 2015, California Governor Jerry Brown signed the California Electronic Communications Privacy Act (CalECPA/State Bill 178), which the American Civil Liberties Union described as a “landmark victory” for digital privacy. The new law goes into effect on January 1, 2016, and is probably the most comprehensive digital privacy law in the nation

Can I Be Arrested If I Have A Medical Marijuana Card?

Written by Robbi Cook, June 4, 2015, Arrest, Criminal Attorney Oakland, Criminal defense, Criminal Lawyer Oakland, Drug Crimes, Fourth Amendment Law, Illegal Search and Seizure, Law enforcement, Oakland criminal attorney, Oakland criminal lawyer, Search and Seizure, Uncategorized

A doctor’s recommendation allowing you to lawfully possess and grow marijuana in California will not always protect you from being arrested and criminally charged for a marijuana related crime. Two laws define the parameters of legal possession and cultivation of medically indicated marijuana in California: the Compassionate Use Act of 1996 (“CUA”) and the 2003

Reasonable Suspicion for a Police Stop?

Written by Robbi Cook, December 27, 2014, Arrest, Constitutional Rights, Criminal defense, Fourth Amendment Law, Illegal Search and Seizure, Law enforcement, Right of Privacy, Search and Seizure

Ignorance of the law is no excuse. Unless you’re a police officer. Earlier this month, the U.S. Supreme Court ruled 8-1 in favor of the police in a Fourth Amendment case in which the arresting officer’s “mistake of law” led him to conduct an erroneous traffic stop based on a non-existent legal offense. In the

Practice Areas

Testimonials