SEARCH & SEIZURE – ARREST WARRANTS

The Fourth Amendment of the United States Constitution guarantees the right to be secure against unreasonable searches and seizures. It provides that warrants for an arrest or for a search shall be based on probable cause, shall be supported by an oath or an affirmation, and shall describe with particularity the place to be searched or the person or thing to be seized.

SUCCESSIVE FEDERAL HABEAS CORPUS PETITIONS

When a state prisoner has previously filed a federal habeas corpus petition that has been denied on the merits, federal courts will generally not consider another petition or a successive petition that is filed by the prisoner. The rationale for this policy is that the federal habeas corpus process should not be abused.

Tax Fraud and Corporate Criminal Liability

A corporation may be potentially criminally liable for tax fraud committed by a director, officer, or employee. Basically, the general concept for corporate criminal liability is that a corporation may be found liable for committing criminal offenses when an employee, officer, or director of the corporation commits the criminal offense. Some jurisdictions still apply the common law theory that a corporation cannot be liable for a crime because it is unable to commit a crime in its corporate capacity.

MANUFACTURING CONTROLLED SUBSTANCES

A person commits a criminal offense if he or she manufactures a controlled substance without authorization, if he or she manufactures a counterfeit or a simulated substance with the intent to deliver a controlled substance, or if he or she manufactures drug paraphernalia with the intent to deliver the drug paraphernalia to a person who intends to violate the drug laws.

Federal Government’s Disclosure Obligations

The federal government has a duty to disclose certain documents and evidence to the defendant. The federal government has a duty to provide the defendant with a copy of his prior criminal record. However, the only information that must be provided to the defendant with respect to his prior criminal record is that which shows which offense the defendant was convicted of. The federal government is not required to provide any other information with respect to the conviction.