ABA Journal

Fifth Amendment

57 ABA Journal Fifth Amendment articles.

Cops aren’t liable for destroying home of innocent people, 10th Circuit rules

The owners of a home that was destroyed by police pursuing a fleeing suspect are not entitled to compensation under the takings clause, a federal appeals court has ruled.

White House counsel cites due process concerns in refusing cooperation in impeachment inquiry

White House counsel Pat Cipollone argued that the impeachment inquiry into President Donald Trump violates due process and separation of powers in his Oct. 8 letter asserting that the White House won’t cooperate.

Law student among plaintiffs challenging state law requiring couples getting married to identify race

A law student at Washington and Lee University who is planning an October wedding is challenging a Virginia law that requires couples getting married to list their race.

Terrorism watchlist violates due process rights, federal judge rules

A federal judge in Virginia has ruled that the federal government’s terrorism watchlist violates the due process rights of U.S. citizens who are in the database. U.S. District Judge Anthony Trenga of Alexandria ruled Wednesday that the government provides no notice to people who were included on the list, no explanation of the criteria or evidence used to determine watchlist status, and no process to get off the list.

9th Circuit rules for noncitizen drug trafficker who claimed violation of his statutory right to a lawyer

Noncitizens subject to expedited removal have a statutory right to a lawyer, at their own expense, in proceedings before immigration judges to determine whether they have a reasonable fear of persecution in their home country, a federal appeals court has ruled.

Cops altered mug shot after witnesses said suspect didn’t have tattoos; should ID evidence be tossed?

A lawyer for a defendant charged with bank robbery noticed something amiss when he received the six photos shown to four tellers to see whether they could identify the suspect.

Habitual drunkard law is struck down by full appeals court in closely divided opinion

An en banc appeals court has struck down Virginia’s habitual drunkard law in a closely divided opinion.

The Richmond, Virginia-based 4th U.S. Circuit Court of Appeals ruled the law is…

New asylum rule is quickly challenged in two lawsuits

Updated: Two lawsuits filed Tuesday on behalf of immigrant aid organizations seek to block a new asylum rule that would prevent most immigrants at the southern border from applying for asylum.

Afternoon Briefs: US prosecutor accused of misstatements; is Kevin Spacey case unraveling?

The Department of Justice is investigating a federal prosecutor accused of falsely blaming case delays on a nonexistent backlog at the Washington, D.C., crime lab, according to court filings.…

SCOTUS to consider implied right to sue in case of Mexican boy shot and killed by US border guard

The U.S. Supreme Court agreed Tuesday to consider once again whether the family of a Mexican teen has an implied right to sue in U.S. courts for his fatal cross-border…

Do soldiers face double jeopardy in military courts?

When Austin Greening shot and killed his friend and fellow sailor in 2013, he was charged with murder in a Virginia court and pleaded guilty to involuntary manslaughter. He was sentenced to serve three years, with two and a half years suspended.

GPS ankle monitors can call and record people without consent; do they violate 5th Amendment?

Updated: GPS electronic monitoring devices made by a company called the Track Group can call and record people who are required to wear the ankle monitors because they are on probation or awaiting trial.