Vans and Motorhomes Can Get Constitutional Protection Like a Home

Motorhome gets constitutional protection of 4th amendment's right to privacy

https://www.law.com/newyorklawjournal/almID/1537432804NY63502017/

In People v. Pallis, motorhome gets 4th amendment privacy rights.

A recent September 2018 New York State case of People v. Pallis affords privacy rights in a motorhome.

Motorhomes may be more like residences than automobiles where they provide increase privacy and residential necessities (see e.g. United States v. Williams, 630 F2d 1322, 1326 [9th Cir 1980]).

Vans, motorhomes, and campers maybe considered homes for 4th amendment privacy issues. NYS finds a motorhome in Brooklyn was more like a home and didn't permit the warrantless search by police.

The court will have to weigh the factors for or against: stationary vs. mobile

Including: hookups, intent, location, type of van, timing, and use

Ithaca DWI Lawyer: The Power of Circumstantial Evidence

Often there is NO direct evidence of guilt

The jury acquittal in a recent murder trial out of California (People v. Jose Garcia Zarate) shocked the nation. But delving into the facts of the case and what the defense was within the evidence revealed a bigger truth. When a prosecutor uses circumstantial evidence to prove guilt any and all reasonable explanations of innocence weigh in favor of the accused.


California's circumstantial evidence law favors the innocent, does New York law follow?

Does New York circumstantial evidence law clearly help those on trial? 

Ithaca DWI Lawyer: Why Can't Judges Use Marijuana?

from pinterest

The number of states with either decriminalized or legalized weed is increasing at a rapid pace. BUT many of these same states with both recreational and medical marijuana have told their judges, hey do not use any marijuana because it is still illegal under federal law.

Should judges be treated like people when it comes to marijuana?

Should lawyers, as officers of the court avoid pot as well?

Should lawyers and judges be subject to professional discipline for using marijuana in even marijuana legal states?

Ithaca DWI Lawyer: Understanding the Full Stay Away Order

It doesn't always play out this way but it can.
from realworldsurvivor.com

You know I didn't always just focus on DWI defense. Some of us that practice criminal defense have been exposed to a variety of cases. I was a public defender and handled the gamut of criminal and family matters. It helps to have a broader understanding and scope when you have more varied experiences to draw from. I love defending people period. They get into trouble, have a problem and need help, it's that simple. Although truly understanding just how everything works, when it comes to New York law and rules can prove complicated.

So what does it mean if the Judge in a New York domestic violence or fight situation issues a FULL STAY AWAY Order? In simple terms, can't I just text a message, or ask a friend or a relative to call them?