Is A Single Internet Click Probable Cause For A Criminal Search?

In Sex Crimes by RSFJ

On behalf of Rosenblum Schwartz & Fry posted in Sex Crimes on Thursday, February 7, 2019. Following are the key facts in a criminal matter currently on appeal in a federal court. The prosecution argues that the case details are neither controversial nor problematic and that a defendant’s conviction on child pornography charges was justified and legally tight. Conversely, attorneys from an Internet privacy group see fundamental flaws in the case and cite concern that it could lead to damaging outcomes for innocent computer users in the general public. The bottom line: An individual clicked on a single URL link provided by a child …

21st-Century Big Brother Concern: Government’s Online Monitoring

In Drug Crimes by RSFJ

On behalf of Rosenblum Schwartz & Fry posted in Drug Crimes on Wednesday, January 30, 2019. Are you being watched? Are Facebook images of you also being perused by security officials via top-secret databases used for domestic spying? Are comments you posted innocuously online concerning your views on topics ranging from marijuana use and sexting to political activism and other topics being scrutinized by officials from the FBI or NSA? You obviously hope not, given that the very idea is chilling. Can it possibly be that the nation’s citizenry is the mass target of clandestine domestic surveillance efforts? The American Civil Liberties Union thinks the …

Is This Court Ruling Really A Landmark Self-Incrimination Decision?

In Sex Crimes by RSFJ

On behalf of Rosenblum Schwartz & Fry posted in Sex Crimes on Thursday, January 24, 2019. Here’s a hypothetical we pose for readers that we suspect many of them will challenge on the grounds of skewed logic. The cops have probable cause to search a home pursuant to a criminal investigation. They demand that targeted criminal suspects open their smartphones for government scrutiny by unlocking them with personal passcodes. A court rules that impermissible because a passcode or other such information that must be “willingly and verbally supplied” is testimonial in nature. A criminal suspect needn’t divulge it, given the seminal protection against self-incrimination …

What Is Missouri’s Revenge Porn Law, And Does It Have Clout?

In Sex Crimes by RSFJ

On behalf of Rosenblum Schwartz & Fry posted in Sex Crimes on Tuesday, January 15, 2019. We spotlight a fundamental point regarding sex crime outcomes in Missouri on our Rosenblum Schwartz & Fry website. We stress at our established St. Louis criminal defense law offices that, “The stigma and criminal penalties associated with a sex crime conviction are significant.” Moreover, they attach to wide-ranging behavior. Many people might reasonably link sex crimes with violent acts like rape or sexual assault, but the possibilities go far beyond that. They additionally encompass child pornography (possession or distribution), prostitution-tied charges, child molestation and unlawful Internet conduct. That …

What Might Materially Improve Missouri’s Budget Problem?

In Drug Crimes by RSFJ

On behalf of Rosenblum Schwartz & Fry posted in Drug Crimes on Wednesday, January 9, 2019. Mary Ann McGivern says that her reasoned view regarding a material budget fix to Missouri’s governmental money woes might not fly with a number of residents, especially public officials. Rather than endorsing her ideas and promoting their implementation, she fears that state decision makers are more apt to simply deem her “a lunatic.” Concededly, some might, but it’s just as likely that legions of Missourians would be most willing to give McGivern a close listen and thoughtfully reflect on what she has to say. In fact, it is …

Criminal Sentencing Reform On Display Coast To Coast

In Violent Crimes by RSFJ

On behalf of Rosenblum Schwartz & Fry posted in Violent Crimes on Thursday, December 20, 2018. Just because you’ve got a big hammer in your toolbox doesn’t mean you should threaten to use it.” So says an ex-federal prosecutor commenting on the proper role of a government attorney in the charging process. That should uniformly be the filing of only charges that can be proven beyond a reasonable doubt. The commentator and other reform-minded voices now speaking up in the criminal realm stress that charging high for political reasons or to secure leverage in a plea bargain broadly disservices the public and undermines justice. …

On The DUI Laws In Missouri

In Drug Crimes by RSFJ

On behalf of Rosenblum Schwartz & Fry posted in Drug Crimes on Thursday, December 14, 2017. In the state of Missouri, there are numerous laws that deal with driving under the influence of alcohol. Many other states have laws that are similar, and though they may change from place to place, these laws do serve an important function. Today, we want to talk about what is in effect here in Missouri so that people are more aware of their rights and the consequential implications of driving under the influence of alcohol. To begin, Missouri adheres to the regular blood alcohol limit that all other …

Just How Widespread, Concerning Is Teen Sexting?

In Sex Crimes by RSFJ

On behalf of Rosenblum Schwartz & Fry posted in Sex Crimes on Tuesday, December 4, 2018. We know that our teenage sons and daughters are works in progress. We love them without bounds, of course, yet know that they have some work to do en route to negotiating those not-quite-adult-yet years. They sometimes act rashly, without due regard for consequences. That is, they explore and, in doing so, sometimes make mistakes. We did, too, right? That’s part of what living through and transcending those teen years is all about. We state on our website at Rosenblum Schwartz & Fry that, “A big part of …

Appeals court: judge must guard against bias, not promote it

In Violent Crimes by RSFJ

On behalf of Rosenblum Schwartz & Fry posted in Violent Crimes on Thursday, November 29, 2018. Imagine yourself as a defendant in this hypothetical. You are seated before a judge who suddenly informs you that he wouldn’t want to share a fox hole with you because you would “fold like a cheap suit.” The court then follows up that utterance with synonyms characterizing you as “lazy,” “arrogant” and “self-seeking.” He tops off that collective description by stating that you “symbolize everything that’s wrong with the world.” After hearing that assessment of your attributes and character, might you have just a …

Focus on IRS CI Division, its role in investigating financial crime

In White Collar Crimes by RSFJ

On behalf of Rosenblum Schwartz & Fry posted in White Collar Crimes on Monday, November 19, 2018. The IRS might look a bit skeletal these day when compared to prior years. The agency formerly commanded a bigger budget and could routinely assign high numbers of special agents to cases involving financial crimes. The nation’s paramount tax crimes investigatory and enforcement arm readily concedes that it is not as deep-pocketed and well-staffed as it used to be. Nonetheless, it sends out warning signals cautioning would-be wrongdoers to think twice about trying to advantage of a perceived weakness. Here’s why. Reportedly, the …