Newsletters

SEARCH & SEIZURE - SCHOOL SEARCHES

The protection of the Fourth Amendment of the United States against unreasonable searches and seizures did not traditionally apply to searches of students in schools because school officials are not law enforcement officials and because they are given permission to act on behalf of the students' parents while the students are in school. The law in this area changed in 1985 when the United States Supreme Court held that school officials act as representatives of a state when they conduct searches and that the Fourth Amendment applies to searches by the school officials on school property.

CRIMES COMMITTED ABOARD AIRCRAFT

A person is guilty of a federal offense if he or she commits certain crimes aboard an aircraft. Such crimes include murder, attempted murder, manslaughter, attempted manslaughter, maiming, sexual abuse, assault, embezzlement, theft, receiving stolen property, and robbery. These offenses are punishable as federal offenses, even if they are not connected with aircraft piracy or attempted aircraft piracy.

Lie Detector Tests and Polygraphs

A lie detector test or a polygraph test is used to determine whether the defendant or witness shows physiological and psychological reactions in response to certain questions. These tests are typically given if it is believed that the defendant or a witness is intentionally trying to deceive authorities or attorneys. There are various types of lie detector tests.

RELEASE ON BAIL PENDING AN APPEAL

Whether a defendant is entitled to be released on bail pending his or her appeal depends upon the type of offense of which the defendant was convicted and the length of sentence that is imposed on the defendant. If the defendant is convicted of a misdemeanor, the defendant is generally entitled to reasonable bail pending his or her appeal. If the defendant is convicted of a felony, the length of the defendant's sentence generally determines whether the defendant is entitled to bail.

INJURY TO A CHILD, AN ELDERLY PERSON, OR A DISABLED INDIVIDUAL

A person commits the offense of injury to a child, an elderly person, or a disabled individual when the person intentionally, knowingly, or recklessly causes serious bodily injury or impairment to the child, the elderly person, or the disabled individual.