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Using tear gas and rubber bullets during peaceful protest is illegal

A Colorado Federal District Court ruled on June 5, 2020, that police use of tear gas and rubber bullets was illegal as an excessive force under the Fourth Amendment, the First Amendment as a violation of free speech as the First Amendment bars retaliation, and that protesters suffered irreparable harm.  The Federal District Court held […]

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Are Atlanta Georgia Curfews Legal

The United State Supreme Court has yet to examine civil curfew laws. In Toyoshaburo Korematsu v. United States, 323 U.S. 214 (1944), the United States Supreme Court professed to apply “the most rigid scrutiny” to the internment of Japanese-Americans during World War II but nevertheless found the “assembling together and placing under guard all those of […]

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Can police use blood taken at a hospital against me in a DUI?

Can the police use my hospital records after a car accident for a DUI? The short answer is yes even though there are 25 reasons that they should not. In King v. State, 276 Ga. 126, 577 S.E.2d 764 (2003)(King II), the Georgia Supreme Court approved the use of search warrants as a means of obtaining […]

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New Georgia protections to guard against eye witness misidentification in lineups and showups

O.C.G.A. 17-20-1, 17-20-2 and 17-20-3 went into effect on July 1st, 2016 to ensure fairer and more balanced procedures for eyewitness live lineups, photo lineups and show ups. These new procedures were created to help reduce wrongful convictions due to faulty eye witness identification in court. Memory is fabricated and not real. Recency has the potential to […]

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Georgia DUI breath test Intoxilyzer 9000 gets an F

Alcohol Breath testing is the cornerstone of Georgia DUI law enforcement. A state administered breath test is really just a guess at the true blood alcohol level of a person. Accuracy is paramount in alcohol breath testing. The number one enemy of accuracy in alcohol breath testing is interference from mouth alcohol. The threat of […]

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Can a DUI keep your from traveling to Canada?

May 26, 2015. The Winona Daily News ran a story about issues surrounding traveling to Canada after a DUI conviction.  Driving under the influence of alcohol is considered serious offense for immigration purposes in Canada and a border officer can refuse you entry into Canada if you have been convicted previously of a DUI. A little […]

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Can you run from the Cops in Georgia if you have done nothing wrong?

Yes, you can run if you have done nothing criminally wrong. Police must be able to articulate a crime that you are committing or have committed to stop and question.  If they then can not, then it is a first tier encounter and you are free to ignore, walk away or run -even if you […]

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How drug convictions and DUI drug convictions affect your drivers license

License Suspensions for Drug Crimes and Drug DUI convictions Violations of the Georgia Controlled Substance Act and Drug DUI drivers license suspension are governed by O.C.G.A. §40-5-75. Article 2 of Chapter 13 of Title 16 is known as The Georgia Controlled Substance Act (VGCSA). Drug DUIs including both illegal drugs and prescription drugs under O.G.C.A. 40-6-391(a)2, (a)4 […]

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Why is there a presumption of innocence?

A law review article by Alexander Volokh, n Guilty Men raises the issue of why protecting the innocent matters even at the expense of freeing the guilty. From the earliest days of law school, students were told that the law favors a guilty man to be set free over the conviction of an innocent man.  We heard law […]

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