Idaho is a Constitutional Carry state, which means that we have the ability to carry a firearm without government restriction. No license or training needed, just you and your firearm are enough. If you need permission to carry a gun, it is a privilege and not a right. The Second Amendment gives us the right to bear arms. So the
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Scandalous: Ruby Ridge Episode 1
Tonight Fox News begins its three part series on Ruby Ridge. Shameless self-promotion on this one. They filmed part of it here in Boise last May, so no idea where this goes!
Arresting Development – that warrantless misdemeanor arrest may violate the protections of the constitution
This summer the Idaho Supreme Court considered the circumstances in which a law enforcement officer may make an arrest for a misdemeanor not committed in his or her presence. State v. Clarke involved an arrest for misdemeanor battery reported by a woman in a park. She claimed Clarke had harassed her and grabbed her rear-end. Clarke admitted he had touched
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When May Officers Use Deadly Force? The answer may confound you!
Deadly force.
The subject is frequently in the news and often becomes the subject of even local conversation. When a law enforcement officer uses deadly force against someone it amounts to a seizure of that person, and the Constitution prohibits unreasonable seizures. So the simple question posed in such a case is whether deadly force was reasonable under the circumstances
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On Slate Now – Standoff – Ruby Ridge Revisited
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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That Medical Marijuana Card Can Prevent You From Buying A Gun!
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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Stand Your Ground – when, where and who?
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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Idaho Supreme Court Rules Admission and Drugs Inadmissible After Pat-Down Search
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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Lawyer Prepare! Challenge Suggestive Lineups.
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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Exigent circumstances justify warrantless search of apartment
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-Baez, a case in which the petitioner was convicted of drug trafficking crimes and sentenced to 156 months in
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