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August 2019 Archives

Search warrants are rarely needed to access electronic data

Police officers in Texas and around the country generally must obtain warrants if they wish to search the residences or automobiles of suspects, and judges only issue these warrants if they are satisfied that there is probable cause to believe evidence of criminal activity will be discovered. However, the Fourth Amendment protections that guarantee the right of individuals to be secure in their persons, homes, papers and effects do not seem to currently apply to digital information.

Police tunnel vision can lead to wrongful convictions

A study conducted by two criminologists at Texas State University has raised questions about the way high-profile crimes are investigated by the police. After reviewing the investigations of 50 crimes that resulted in a wrongful conviction, the research team discovered that detectives often became convinced that a person of interest was the perpetrator and abandoned all other avenues of inquiry. In many of these cases, investigators coerced confessions from suspects and ignored exculpatory evidence.

Questions remain about eyewitness reliability

Jurors in Texas criminal cases tend to believe identifications made by eyewitnesses, especially if the witness is very confident about the identification. However, research indicates that there are still several questions about and potential problems with eyewitness accounts. Witnesses are often asked to identify the perpetrator of a crime by picking him or her out of a live lineup or out of a photo array. The outcome of the identification process is often introduced by the prosecution in a subsequent criminal trial.

Medical prescriptions aren't an excuse for abusing medications

Some people find it confusing that the phrase "controlled substances" refers to prescription medications you can obtain from a pharmacy and to illegal narcotics and other prohibited drugs. For example, most anti-anxiety medications are controlled substances, as are painkillers and even cholesterol medications.

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