DUI conviction: Can I seal my court record?

DUI files are public records. Employers, co-workers, landlords, and friends can find records of a DUI conviction through simple searches or through more expensive backgrounds checks. But is there a way to seal those records? In Ober v. Okla. Dept. of Public Safety, (issued Jan. 5, 2016) the Oklahoma Court of Civil Appeals affirmed its strong preference… read more…

Police cannot recklessly ignore possibility of false confession

Are police liable under the Fourth Amendment where they seek an arrest based on a confession they either knew was untrue or recklessly ignored that possibility? In Sanchez v. Hartley, the Tenth Circuit answered that question in the affirmative. The case arises from a burglary and sexual assault where police interrogated Mr. Sanchez, an18-year-old with substantial cognitive disabilities, for an extended… read more…

Our Fourth Amendment Rights and Theft by Police

If police officers steal items during a search, does that theft render the search invalid under the Fourth Amendment? Not according to the Tenth Circuit. In United States v. Webster, police officers stole an iPhone, a PlayStation gaming system, 100 dollars in cash, and a Flip Camcorder during a warrant search for drugs. The victim, (the subject of… read more…