Articles Posted in Uncategorized

New Uses for DNA in Sexual Assault Cases
Samdperil & Welsh, PLLC

Prosecutors have begun indicting unknown suspects in rape and sexual assault cases based upon their DNA profiles.  The defendants are indicted as John Doe’s so that they cannot later claim that the statute of limitation on prosecution has run.  Ohio prosecutors have now begun indicting unknown persons based on DNA mixtures obtained as part of…

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Will .05 Be the New .08?
Samdperil & Welsh, PLLC

On May 14, 2013, the National Transportation Safety Board recommended that the states reduce the allowable blood-alcohol concentration in DUI cases by more than a third, to 0.05 percent from 0.08 percent.  The NTSB also made other recommendations, such as increased use of ignition interlock devices in all DWI cases and built-in alcohol detection devices in steering wheels.  To…

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Courts, AG Weigh-in on Videotaping Police
Samdperil & Welsh, PLLC

In 2011, the Unites States Court of Appeals for the First Circuit, issued a landmark ruling, recognizing that the First Amendment protects the filming of government officials in public spaces.  (Read the decision in Glik v. Cunniffe.) The New Hampshire Attorney General has since warned police against arresting those who videotape arrests, and the New Hampshire Legislature has been considering legislation in this area.

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Want to Protect Your Right to Privacy? Encrypt Your Cell Phone
Samdperil & Welsh, PLLC

A recent decision by the California Supreme Court authorizes the warrantless search of a person’s cell phone. Specifically, the California Court held that police do not need a warrant before searching an item, here a cell phone, seized from an arrestee’s person incident to a lawful custodial arrest. Although it is unclear whether New Hampshire…

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