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Constitutional Law

Medicinal Marijuana Cardholders Federal Law Prohibits Firearm Ownership

Medicinal Marijuana Cardholders Federal Law Prohibits Firearm Ownership. That is if you live in the any of the following states: Arizona, Nevada, California, Washington, Oregon, Alaska, Idaho, Montana, Guam and Hawaii. The 9th Circuit recently upheld the District Court of Nevada’s dismissal with prejudice a Nevada Medical Marijuana cardholder’s lawsuit against the ATF The lawsuit…

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Arizona Bans Photo Radar, Well Not Really.

Arizona bans photo radar.  Not quite.  Monday Gov. Ducey signed legislation that bans photo radar on state highways.  Cities and other municipalities (like the Town of Paradise Valley) can still choose whether to use photo radar cameras.  Opponents to the camera’s cite several basis for opposing the cameras but the primary is that the system…

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Landmark Ruling From SCOTUS

Today marked a landmark ruling from SCOTUS.  However, while the most impactful today’s ruling regarding same-sex marriages was not the only significant ruling this week. Today’s ruling will end same-sex marriage bans.  The 5-4 split turned on  Justice Kennedy‘s majority OBERGEFELL Opinion.  Kennedy’s twenty-eight page opinion begins with a vast historical background of marriage and the…

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SCOTUS Finds Against Abercrombie & Fitch

Today SCOTUS overturned a 10th Circuit case and Finds Against Abercrombie & Fitch.  The case of EEOC v Abercrombie & Fitch, an 8 to 1 Court held that even if an employee/applicant does not inform management of a specific religious practice, the 1964 Civil Rights Act maybe enforced against an employer who refuses make a religious exception for that…

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Will SCOTUS Determine Bans On Same-Sex Marriage Unconstitutional?

In the upcoming session the Court will hear, Obergefell v. Hodges, a potential landmark case regarding same-sex marriage.  The Court is answering two questions: 1) whether the Constitution requires a state to license a marriage between two people of the same sex and (2) does the Constitution require a state to recognize a marriage between two people of…

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Is There An Expectation Of Privacy In Your Cell Phone

Do individuals have an expectation of privacy in their cell-phone?  The Constitution provides that citizens are protected from unreasonable search and seizures by government agents (4th Amendment).  This applies to the person, home, papers, vehicles and other effects.  Absent certain enumerated exigent circumstances a warrant is needed prior to government agents conduct a search.  …

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The Town of Paradise Valley Is Installing License Plate Readers.

Yes, that is right, Paradise Valley is installing license plate readers on street lights.  These license plate readers will read every plate of every car that goes through the intersection.  These readers can record plates at about 1 per second of vehicles traveling up to 100 mph.   What is the purpose, to catch red…

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Do I Have To Talk To Police At DUI Checkpoints?

Everyone at some point in their lifetime of driving as likely come upon  DUI checkpoints.  The question that many may ask is what happens if I refuse to actually speak to the officer?  One Florida lawyer has gone as far as to advocating the use of a flyer in the window to bypass interaction with officers.…

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SCOTUS Announces It Will Not Hear Same-Sex Marriage Cases This Term

This morning SCOTUS  announced it will not hear any of the seven same-sex marriage cases as requested from the lower Circuits.  This likely means that there will be a spike in State’s that recognize same-sex marriages, particularly in the Circuits where these petitions for certiorari originated from.  This is primarily because the States in those circuits are now bound…

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Is The Warrant-less Use of "GPS" Surveillance Unconstitutional?

Is The Warrant-less Use of “GPS” Surveillance Unconstitutional?  That is the question Arizona Court of Appeals Division One recently answered. Thomas Mitchell appealed a conviction of transportation of dangerous drugs for sale and other related drug charges. (State v Mitchell).  Mitchell argued that the trial court erred in allowing the State to enter evidence the…

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