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Blog Posts in 2011

112 results found. Viewing page 1 of 5. Go to page 1 2 3 4 5   Next

Officers Fired after Failing Drug Tests

Recently in South Texas, law enforcement reported that four of its own were let go for drug crimes . Allegedly, four officers violated the department's anti-drug policy and were terminated. A ...
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Prescription Drug Abuse Crackdown

As this blog has noted several times, there has been a rampant increase in prescription fraud. Related to this, there has been a concerted by law enforcment and prosecutors throughout the country to ...
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Michael Douglas' Son Testified At Drug Trial

Last year, Cameron Douglas, was sentenced to five years in prison for delivery of a controlled substance, namely methamphetamine. That, however, did not end his time in court. In exchance for a more ...
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Dallas Teenager Arrested In Drug-Related Death

In August, a nineteen-year-old man, Matthew Allen, went to Dallas to dance at the infamous nightclub Afterlife. At the time, he was suspected of suffering from an overdose. It turned out that he ...
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Boeing Plant Employees Arrested

In Philadelphia, federal agents conducted a drug raid at a Boeing plant. The Boeing plant currently makes military helicopters. The agents were from the Federal Bureau of Investigation and Drug ...
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Possession Of K2 Is Now A Crime

Yesterday , we blogged the transformation of the legality to illegallity of bath salts. We noted that these drugs had started to undergo increase scrutiny due to the side effects of bath salts. ...
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New Drug Offense: Possession Of Bath Salts

We have blogged about the bills that the Texas Legislature passed this past session. The Texas Legislature passed several laws that affect drug crimes and punishment in Texas. Previously, we have ...
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What Does The Law Mean To Deliver A Controlled Substance?

Several days ago , we addressed the issue of the definition of possession of a controlled substance . Obviously, the law makes a distinction between possession and delivery of a controlled substance . ...
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Will I Lose My Driver's License If I Am Busted For Possession Of Marijuana?

Over the past several days, we have been blogging about the driver's license suspension a person will face when he or she is arrested for DWI . In Texas, a person convicted of a drug offense does ...
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Is The Amount Of Cocaine Or Marijuana Found By The Police A Factor To Be Considered?

Often times, when the police search a car or person, they might find the residue of cocaine , marijuana , or heroin . This will often arise when a police officer finds drug paraphernalia on the ...
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Affirmative Links Standard Of Review For Possession Of A Controlled Substance

Yesterday, we addressed the issue of the affirmative links and the court of appeal's use of them when reviewing a conviction. As we noted, the State must prove possession by the actual care, ...
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What Do Courts Use To Review A Defendant's Links To A Drug?

Yesterday , we reviewed one of the elements of a the offense of a possession of a controlled substance . That element is possession, and this is one of the most litigated areas of drug possession law. ...
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What Does Possession Of A Controlled Substance Mean Under Texas Drug Crimes Law?

As we noted yesterday, the Penal Code and Texas Health and Safety Code divide controlled substances into several different categories. It also divides the offenses into the drug offenses into whether ...
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How Do The Scheduling Laws Relate To Criminal Liability?

As we detailed yesterday , all different drugs are separated into different groups called Schedules. The Schedules are broken down into I-V, with Schedule I being considered the most dangerous of the ...
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Are There Any Rules That Regulate The Placement Of A Substance In Certain Schedules?

There are certain rules that regulate the placement of an individual substance into a certain schedule. The commissioner must place a substance in the individual schedule, as per the following rules. ...
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What Are The Factors That Determine What Comprises The Schedule Of Drugs?

The Texas Legislature provides numerous rules and guidelines regarding the Department of State Health Services Commissioner's ability to add, delete, or alter substances that are contained with ...
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How Are The Schedules Of Controlled Substance Established?

Continuing our analysis of the Texas Controlled Substances Act, we will explore some of the administrative agencies that are charged with implementing this act. The Act, which is codified in Chapter ...
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What Is The Texas Controlled Substance Act?

The Texas Controlled Substances Act was enacted in 1989 to regulate controlled substances in Texas. This act mandates who regulates and classifies controlled susbstances in Texas. First, the Act ...
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What Does The Phrase Specific And Articulable Facts Mean?

In the course of a motion to suppress the physical evidence that is seized during a pat-down search (Terry stop), there will be a number of phrases that are thrown around the courtroom. One of those ...
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Does The Fourth Amendment Protect An Individual's Privacy In The Workplace?

This a question that we often get asked. Remember, the Fourth Amendment protects ones privacy from government intrusion. Generally, absent a promise otherwise, the Fourth Amendment does not protect an ...
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Can A Teacher Search My Child At School?

This is a very interesting topic in the Fourth Amendment arena. The question here really concerns whether a juvenile has Fourth Amendment protection while at school. The Supreme Court of the United ...
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Can The Police Search For Anything During An Investigative Detention?

The basis for a stop-and-frisk search is that the officer must be certain that he or she is not in danger. Thus, the law allows them to conduct searches of those people suspected of crime to see if ...
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Does Terry v. Ohio Allow The Police To Conduct A Search?

As we noted earlier, depending on all of the circumstances, the police can be suspicious that a crime is occuring or is about to occur. In that regard, once the police have a suspicion (that can be ...
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Terry v. Ohio, Continued

Yesterday, we began our discussion of a very important case in criminal jurisprudence. The case of Terry v. Ohio signified a permanent sea-change in criminal justice. The case unequivocally stated ...
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What Does An Officer Need To Have To Conduct An Investigative Detention?

In the last 50 years, there has been a number of substantial cases issued by the United States Supreme Court that effected criminal jurisprudence. The case that started it all was Terry v. Ohio , 392 ...
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112 results found. Viewing page 1 of 5. Go to page 1 2 3 4 5   Next
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