Slate Magazine has done a great job recounting what happened at Ruby Ridge in its Podcast Standoff. Listening now and remembering how life can turn in an instant. Want the inside story? Ron Howen, Gerry Spence and others tell the story from their viewpoint. Episode 4 tells how the FBI held back the most important evidence in the case,
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In 2016 the Ninth Circuit Court of Appeals ruled in Wilson v. Lynch (9th Cir. Case No. 14-15799) that medical marijuana cardholders are prohibited from purchasing firearms based on federal regulations.  The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) sent an Open Letter to gun dealers in 2011 stating that, “If you are aware that the potential transferee is in possession of a card authorizing the possession and use of marijuana under State law, then you have ‘reasonable cause to believe’ that the person is an unlawful user of a controlled substance. As such, you may not transfer firearms or ammunition to the person.”

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Among the changes to Idaho law taking effect on July 1, 2018, is an important clarification of when you can and cannot use deadly force to defend yourself, others or perhaps, your “habitation.”  The newest version of Idaho Code 18-4009 lays out the places and people you have a right to defend with deadly force. Previously Idaho focused on one’s home as a place to protect with deadly force. The law now spells out your right to use deadly force – if necessary – to your place of work and your occupied vehicle.

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People frequently ask questions about search and seizure, particularly when the search is not conducted pursuant to a warrant. The Constitution prohibits unreasonable searches. A warrantless search is unreasonable unless an exception to the warrant requirement applies. One common exception permits an officer to conduct a limited “pat-down” search of a detained person for weapons. This type of search originated
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The Idaho Supreme Court once again points out the importance of challenging line-up identifications whenever the issue arises. Many people do not understand how common such evidence is, or how often jurors rely on the identification as the basis for their decisions. Eyewitness identification evidence can destroy a defense case with little more effort than announcing the name of the
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Just how far does the fourth amendment to the United States Constitution go to protect against a warrantless search of an apartment? That question was again considered this week by the First Circuit Court of Appeals in US v. Yoga Almonte-Baeza case in which the petitioner was convicted of drug trafficking crimes and sentenced to 156 months in
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I am packing for the weekend and watching a little TV news this morning, and from that box a witness to a fatal shooting in Louisiana offered this explanation for the dramatic killing of a black man by a police officer there: “Officers threw him to the ground, got on top of him and shot him dead.” So it would
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The decision whether to waive a preliminary hearing, and give up a review of the probable cause determination, can often be a tough one for clients to make. Every client hopes a win at preliminary hearing means the whole case goes away before it really ever started. Unfortunately, the truth is the State’s burden at a preliminary hearing is so
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After 35 years practicing criminal defense, I am sometimes cynical about our system of justice. Prosecutors overcharge offenses in an attempt to prompt a plea from defendants. Defendants are seldom “presumed innocent” in the eyes of the arraigning judge, many of whom impose restrictions on pretrial release that are as onerous as the penalty for the crime they have not
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