Last summer, Lincoln Police set up a sting operation at a hotel in Lincoln, Nebraska. The operation was set up with a website known as backpage.com. Individuals seeking services on backpage would locate a fake page offering “full service” and provided a phone number. Individuals who contacted them were lured by a police to a …
Acquittal for Client Charged with Sexual Assault on a Child
Berry Law recently secured a major courtroom victory on behalf of a client who was on trial for sex crime allegations. The man had been charged with five counts of sexual assault on a child. The case involved nearly two years of preparation for the trial, and testimony in the trial in the Lincoln County District …
The Eighth Circuit Court of Appeals
On Friday, I argued a case in front of the Eighth Circuit Court of Appeals. The issue was unique, and dealt squarely with The United States Constitution’s Fourth Amendment in the Bill of Rights which prohibits illegal searches or seizures without a warrant or a warrant exception. The Eighth Circuit Court of Appeals is a …
THE RIGHT TO JURY TRIAL
Groucho Marx said, “I was married by a judge. I should have asked for a jury.” All kidding aside, for business owners, when are jury trials available and are they always beneficial? The Seventh Amendment guarantees a right to jury trial in civil suits where the value of the controversy exceeds 20 dollars – about …
When Is an Arrest or Seizure Unreasonable?
You may have heard the 4th amendment to the United States Constitution protects you from unreasonable searches and seizures. An arrest is a seizure. The general rule is that law enforcement may not arrest you without a warrant, as such an arrest is considered unreasonable. In a criminal case, an unreasonable arrest can lead to …
No Penetration Without Representation
Sexual assault allegations are prevalent on college campuses. Not that long ago the entire Greek System at the University of Virginia was toppled by a false sexual assault allegation which allegedly occurred at a fraternity house. Rolling Stone magazine created a story out of the false information which ultimately ended fraternities at the University of …
Nebraska Receives “C” Grade In Asset Forfeiture Protections
The Institute for Justice has released its report on civil asset forfeiture, giving grades to all 50 states and the Federal government. In the report, Nebraska received a mixed-bag grade of “C” in protecting citizens from civil forfeitures. The good news is that in order for the state to succeed in seizing assets in a …
How Do You Win Jury Trials?
A few months ago I was presenting at a seminar and was asked “how can a criminal defendant ever win a jury trial?” The inquisitive young lawyer talked about the great amount of assets at the government’s disposal to include investigators, experts, science and prejudices that work to the favor of the government. While it …
THE VARIOUS COURTS IN THE VA SYSTEM
When you are seeking VA disability benefits, there are a number of levels in the appeals process, and each one is slightly different. Here is a brief overview of what you might expect: • Regional Office with a rating specialist: this is where most veterans first start out after making a new claim. Typically, when …
WHAT IF IT WAS AN ILLEGAL SEARCH? | THE EXCLUSIONARY RULE
“…if you get stopped by a cop in Amsterdam, it’s illegal for them to search you. I mean, that’s a right the cops in Amsterdam don’t have.” Vincent Vega, Pulp Fiction. While I do not know if Mr. Vega’s comment about the rights of law enforcement in Amsterdam is accurate, it raises the question: What …
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