Archives for November 2013

Fourth Amendment Origins: Court Battles Lead to Revolution

“The house of every one is to him as his castle and fortress, as well for his defence against injury and violence as for his repose.”   Sir Edward Coke,[1] 1604 “They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety.”  Benjamin Franklin,[2] 1755 “… one of the most essential branches […]

Entrapment as an Affirmative Defense to Criminal Charges

“Entrapment” may be a defense to criminal prosecution if a government agent induced a person to commit a crime which the person was otherwise unlikely to commit. Investigation and prosecution of certain crimes can be difficult unless members or agents of law enforcement participate in elements of the prohibited activity.  Examples are drug sales, prostitution […]