Understanding the Law

Explaining court cases, statutes, and executive actions across the country, providing valuable analysis of the facts and legal impact on the public.

Is a Man’s Home Really His Castle?

April 17, 2012

The nationwide outcry over the recent shooting of seventeen-year-old Trayvon Martin by a neighborhood watch coordinator in Florida has renewed the public debate about self defense laws.  Collectively referred to as the “castle doctrine,” states have enacted various forms of statutes that permit homeowners to use deadly force in defending themselves against home invaders.  In fact, it was Florida’s 2005 castle doctrine statute that spurred many other states to make similar changes to [...]

Could the Very Presence of a Marked Patrol Car Create Probable Cause to Stop?

April 11, 2012

As you are driving down the road a police car pulls behind you, you instantaneously glance down at your speedometer to make sure you are abiding by the speed limit.  Immediately you become paranoid and clinch the steering wheel tighter; every three seconds you look up at your rear-view mirror watching ever so closely the police car trailing behind you.  Does this feeling of apprehension and fear aid in your ability to drive?  For some motorists probably not, especially when the marked patrol [...]
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