Upskirting: A Look at Massachusetts and Texas

Improper Photography in Texas

Earlier this month Massachusetts’ highest court ruled that it is not illegal to secretly photograph under a person’s clothing. ((MASSACHUSETTS COURT SAYS “UPSKIRT” PHOTOS ARE LEGAL CNN, (last visited Mar 17, 2014)) This practice is known as “upskirting” and takes place when a person tries to capture a picture up an individual’s skirt without … Read more

Mandatory Blood Draw Upheld Despite Error in Criminal History

After a person has been arrested for DWI, one of the ways an officer can lawfully obtain blood under Texas Transportation Code section 724.012 is when there is reliable information from a credible source that the suspect has two prior convictions for driving while intoxicated.  What constitutes “reliable information from a credible source?” Lyssy v. … Read more

Is Flashing (Your Headlights) Protected under the First Amendment?

Many motorists recognize that when drivers flash their headlights they need to be looking out for something. More often than not, the message behind the flashing lights is that there is a police officer conducting traffic enforcement ahead. In different areas of the country, the act of flashing your headlights to warn of an officer … Read more