| Violations of the Federal Food, Drug, and Cosmetic Act |
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| The Federal Food, Drug, and Cosmetic Act prohibits misbranding and adulterating food and drugs that circulate within interstate commerce. The Act was first enacted in 1906. Numerous parties may be charged with violating the Act.
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| FEDERAL LAWS REGARDING EXTORTION |
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| A person commits the federal offense of extortion if he or she transmits in interstate or foreign commerce any demand or request for ransom or for a reward for the release of a kidnapped person, any threat to kidnap or injure another person, or any threat to injure the property or reputation of another person or to accuse another person of a crime with the intent to extort. The federal offense of extortion applies to both interstate and foreign telephone calls and other forms of communication. As long as the communication crosses state or national borders, the communication is considered to involve interstate or foreign commerce.More... |
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| SEARCH & SEIZURE - SEARCH INCIDENT TO A VALID ARREST |
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| Although the Fourth Amendment to the United States Constitution guarantees the right to be secure against unreasonable searches and seizures and requires a search warrant in order to search a person or a place, there are exceptions to this requirement. One of the exceptions is a search that occurs at the time of a valid arrest. This is referred to as a search incident to a valid arrest.More... |
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| REGISTERING FIREARMS UNDER THE NATIONAL FIREARMS ACT |
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| The National Firearms Act (NFA) requires makers, manufacturers, and importers of firearms to register certain types of firearms with the Bureau of Alcohol, Tobacco, and Firearms (ATF). The NFA also requires persons who are in possession of those types of firearms to register them with the ATF. Such firearms include machine guns, short-barrel rifles, short-barrel shotguns, silencers, and destructive devices. Destructive devices include explosives, incendiaries, poison gas, bombs, or grenades. These firearms are referred to as NFA firearms.More... |
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| JURY INSTRUCTIONS ON DEFENSE THEORIES |
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| If requested by a defendant, a trial court is required to instruct a jury on any defense theories that are raised by the evidence. The defendant may raise those theories by his or her testimony alone. Also, the defendant is entitled to jury instructions on his or her affirmative defenses. The defendant's affirmative defenses do not need to be strong or to be uncontradicted in order for the defendant to be entitled to jury instructions on his or her affirmative defenses. The trial court is required to instruct the jury on the defendant's affirmative defenses, even if the trial court does not find that the affirmative defenses are credible or believable.More... |
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