David M. Boertje

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Although it sounds incomprehensible, there have been multiple accusations of school personnel, such as counselors, teachers, principals, nurses, and school security police, strip-searching students in elementary and secondary schools across the country. In some situations, the adults were on a search for contraband like vape pens or marijuana. Other cases involved a concern that there may be signs of abuse, while about one in ten cases were based on a search for weapons. Is this legal? 

Disturbing Allegations

If it sounds improbable, consider these documented cases:

  • An eighth-grade girl who has special needs and was menstruating was required to strip, lift her breasts, and spread her legs in front of the school principal, who was looking for marijuana.
  • A 7-year old girl who was accused of stealing $3.00 from her teacher was forced to remove both her leggings and underwear by the school’s administrator.
  • A male high school student who has autism was ordered by a security officer to undress in a classroom while other students were nearby. The student was required to pull down both his pants and his underwear as the officer looked for a vape.
  • A 5-year-old suffered through multiple vaginal exams by school nurses who were looking for indications of abuse.

Troubling Statistics

The reported cases are cause for concern:

  • More than 80% of searches were conducted by school staff, with the remainder being conducted by school resource officers;
  • Students in over 12% of cases were stripped down to only underwear;
  • Three in ten documented incidents involved students being forced to pull down their pants and/or lift up their shirts;
  • In 15% of cases, students were directed to remove their underwear; 
  • In just under 1% of situations, vaginal exams were performed;
  • 45% of the time, officials from the schools were looking for drugs, vapes, or money;
  • 10% of these searches involved a quest for weapons (in which none were found);
  • Adults were looking for signs of abuse in 30% of cases;
  • In nearly 40% of cases, the search was conducted by an adult of the opposite gender.

Effects on Students

Invasive? Harrowing? Humiliating? Embarrassing? These words and more describe strip searches for students in schools. The American Bar Association, in fact, notes that strip searches are harmful because they violate a child’s sense of dignity, and even and impacts healthy brain development. The truth is, many, if not most, schools have no policy addressing strip searches. And as debasing as it may be, it is not illegal, as long as there was reasonable cause to conduct the search. What that means is up for debate: Justice David Souter of the Supreme Court wrote that the “content of suspicion” must “match the degree of intrusion.”  Continue reading

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In late 2025, Federal Sentencing Guidelines were updated and took effect with an eye toward reducing circuit splits, reforming sentencing procedures and outcomes, and giving judges more discretion by basing sentencing more heavily on individual situations, as well as by revising various other sentencing rules. The Guidelines Manual is now available for anyone to see, and the impacts will be felt across multiple areas, from supervised release to sentencing and legal interpretations. 

Enhancements for Fentanyl Misrepresentations

Fentanyl deaths have been rampant in the country, and often occur when the user of a substance doesn’t realize that the pill they are taking contains fentanyl. Defendants were formerly able to get around federal enhancement rules by claiming that even though they did not know that the substance they were selling as, say, cocaine, contained fentanyl. Their claims of “I had no idea” were helpful in avoiding certain enhancements unless the prosecutor could show that there was willful blindness associated with the claim. That standard has been changed to require a defendant to display reckless disregard, which will be less difficult to demonstrate.

Machine Gun Definitions Aligned

Semiautomatic guns can be transformed into completely automatic weapons using machine gun conversion devices (MCDs). These kits, often called auto sears or Glock switches, have been defined differently in the Gun Control Act and the National Firearms Act, which has led to some confusion and varying applications. The new law clarifies that MCDs are to be treated as machine guns, bringing about a more unified approach to potential enhancements.

Enhancements for Restraining Victims 

There have been differing interpretations among circuit courts as to what constitutes restraining a victim during the commission of a crime. New rules tapered the definition of restraint to mean only the physical restriction of a person by tying them up or through similar physical means. Courts will no longer interpret the restricted movement of a victim through intimidation with a gun or other weapon as a possible enhancement for sentencing, which will decrease the ability of prosecutors to add time to charges when actual physical restraints were not used.

Supervised Release

New rules focused on reducing supervision for people who may not require it following a period of incarceration are on the books. Personalized sentencing determinations within guidelines are intended to provide options to assist with rehabilitation efforts, rather than simply serving as an extension of punishment. The latest requirements call for the following:

  • Contemplating the circumstances of the crime, along with the characteristics and history of the defendant in question;
  • Ensuring that sentences are proportionate to the seriousness of the crime and are geared toward public protection, criminal deterrence, and providing the education and medical care necessary for success;
  • Making an effort to reduce sentencing disparities;
  • Meeting victim compensation needs following a conviction.

Retroactivity 

Since some of these changes will reduce sentences, the Commission is required to determine whether the changes will apply retroactively to people who are currently incarcerated. Continue reading

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California law is harsh when it comes to sexual offenses. Anyone convicted of sexual assault faces particularly severe penalties, including significant time behind bars and large fines. Beyond that, anyone convicted of a sexual crime must register as a sex offender. These types of charges plainly impact defendants long-term. Defending against them requires the proficiency and tact of an experienced criminal defense attorney. 

Registration

After being released from a mental hospital, prison, jail, or probation, or after moving to the state of California, every convicted sex offender in the state of California is required to register with the California Sex Offender Registry. Offenders are obligated to check in at annual intervals within five working days of their birthday. Those offenders with a history of violent crimes are required to check in more frequently. Any address change must be notified within five working days. The length of time an offender remains on the registry is based on tiers, which are determined based on the crimes involved:

Tier I:  These are lower-level offenders who have been convicted of misdemeanors such as sexual battery or indecent exposure. Such individuals are required to be registered with law enforcement for 10 years.  

Tier 2:  Mid-level offenders who have been convicted of crimes such as lewd conduct with a child must remain on the registry for 20 years.

Tier 3: High-level offenders who have been convicted of crimes such as sexual assault or rape or who have been convicted of repeated sex crimes are mandated to register for the rest of their lives.

Juvenile offenders at Tier 1 and 2 are eligible for a reduction in the number of years they register with a petition to the court. 

California Registration Information Display

The registration process involves informing law enforcement of information such as living arrangements, employment, student status, driver’s license number, vehicle information, and volunteer work. Updates are mandatory when there are changes to this information. Anyone who lacks a permanent residence must report to the registry monthly to notify police where they are sleeping. Certain registrant information is publicly available on the website, and the content of the display is based on the offender’s conviction:

  • Certain low-level offenders may be excluded from the website;
  • Some offenders have just their ZIP code, county, and city posted;
  • The most serious offenders have their home address included in the post.

Compliance Failure

Offenders who fail to comply with these requirements could be charged with a felony, resulting in up to three years behind bars. Third-strike offenders and repeat offenders could find themselves facing 25 more years in prison.

Additional Restrictions

Offenders may be subject to restrictions on phone, computer, and digital use depending on the crime and other factors. Continue reading

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What could be more menacing than having a group of federal officers arrive at your house with a warrant demanding entry so they can conduct a search? These incidents occur all the time with little or no notice, after federal agencies conduct investigations, and people get caught up in the net. Now, more than ever, you need an experienced criminal defense attorney by your side protecting your rights. 

What are Your Rights?

The Fourth Amendment offers clear and reliable protections for anyone facing federal searches, and those protections include the following:

The right to remain silent: You are under no obligation to tell agents a thing, and it’s wise to zip up because anything that you say could wind up causing problems for you down the road. Silence is your friend in this situation.

The right to an attorney: Federal agents are allowed to proceed with their search prior to the arrival of your attorney. That means it would be in your best interest to make a quick phone call to your lawyer. Ultimately, your legal counsel can work to keep the search within the scope of the warrant.

The right to read the warrant: In the event agents fail to produce a warrant, they cannot conduct a search. Immediately obtain a copy of any warrant, read it, and monitor whether agents are at the right location, know the specifics of where they can look, and know what they are looking for.

The right to watch the search: If agents try to force you to wait outside while they go through your home, tell them you are asserting your right to observe their search. As long as you’re not obstructing the officers, you have every right to be there.

The right to have your property protected: Agents are not allowed to tear apart your house unnecessarily and damage your property during the search. 

The right to be protected from overreach: Any federal warrant will have clear parameters, and officers are not allowed to search beyond those limitations without your permission, which you are under no obligation to give. If officers are looking for stolen gold bricks, it’s not reasonable for them to search your medicine cabinet, for example.

The right to record the search: You have every right to videotape the search, or, at the very least, take notes during the search—as long as you do so without getting in the way of their work.  This documentation could prove useful if undue damage occurs or there are other issues that come up. Continue reading

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If you have been charged with a crime related to children, you probably already know that you are looking at some serious scrutiny and condemnation. That is why having a hard-hitting and proficient attorney fighting for your rights is essential. 

Understand the Charges

The charges of child abuse and child endangerment are very different. Child abuse refers to intentionally inflicting physical, sexual, and/or mental abuse on a child. On the other hand, child endangerment is a matter of exposing a child to potential harm, even if no harm was intended. Endangerment charges may be filed even if actual physical harm to a child did not occur. Rather, it is a matter of potential danger.

Examples of Abuse

Child abuse may occur in many ways. Criminal charges could be filed for any of the following:

  1. Causing physical harm to a child by hitting, kicking, or otherwise inflicting pain;
  2. Intentionally withholding food or care, restraining, or caging a child;
  3. Withholding essential medical care;
  4. Demeaning, bullying, harassing, or otherwise inflicting emotional trauma on a child;
  5. Neglecting the basic needs of a child.

Examples of Endangerment

Like child neglect, child endangerment is a matter of risk of harm to a child related to being put in harm’s way. It occurs under various circumstances, some of which include:

  1. Driving while inebriated or under the influence of drugs when a child is in the vehicle;
  2. Leaving a child in a hot car while doing errands;
  3. Keeping a loaded firearm within reach of a child;
  4. Leaving a toddler in the bathtub unattended;
  5. Sanctioning the use of drugs or alcohol for minor children;
  6. Leaving young children unattended for long periods of time;
  7. Failing to seek medical treatment for a sick or injured child.

Whether you are the parent or not in these situations, you could be arrested for child endangerment if you were responsible for situations like these.

Penalties

The penalties for these crimes are significant and vary depending on the circumstances and previous offenses. At a minimum, a conviction could land an offender behind bars for up to one year, and at a maximum, for six years. Enhancements and related charges could add several more years to a sentence. Issues considered in sentencing include:

  1. The age of the child;
  2. Whether a traumatic injury occurred;
  3. Whether there have been previous convictions of a similar nature.

Potential Defenses

Defending these charges in California can be a challenge because they are so emotionally charged. The public and the courts alike take child safety very seriously. Possible defense strategies may include:

  1. The crime did not happen;
  2. The crime did occur, but someone else was responsible;
  3. Something happened, but not what has been charged.

Continue reading

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An offense committed in the heat of intense emotion, such as rage, despair, or jealousy, is sometimes called Crime passionnel and more commonly referred to as a crime of passion. That emotional surge presumably affects a person’s capacity to think lucidly and wisely. It is a concept with well-defined parameters in the legal world, and could mean the difference between being convicted of premeditated murder or the lesser charge of manslaughter.  

Provocation is Key

Crimes of passion are always provoked and occur with no foresight and with no time to cool down. Liability and penalties, though not entirely eliminated, are often reduced because the criminal activity was not premeditated. The common example of coming home to find your spouse in bed with someone else is the classic case that demonstrates how enraged one might be, making their actions somewhat more understandable. The legal principle is based on how a reasonable person might act at the height of this emotion. To be clear, the crime of passion defense is certainly not an attempt to pardon the individual of all wrongdoing; it is simply a way contextualize the crime and to help jurors relate to the situation in the hopes that it will result in a lesser sentence.

California Statute 

Every state handles crimes of passion slightly differently. Here in the Golden State, California Penal Code Section 192(a) actually calls out the crime as a voluntary manslaughter that occurs during the heat of passion following significant provocation. The standard of proof, as in most states, is whether the defendant acted as a reasonable person might under similar circumstances. The crime must occur directly after the incitement, with no time in between to think about the situation or weigh response options. The resulting penalty could range from three years in prison to 11 years.

Less Egregious than Murder

In contrast to a crime of passion, a second-degree murder conviction, one that may not have been premeditated or even that occurred in a turbulent moment of passion, but that occurred with malice, could result in fifteen or more years of imprisonment. First-degree murder– one that is a premeditated and deliberate killing– could put a perpetrator behind bars for a lifetime. Under California’s three-strikes law, sentences can be doubled for a third strike.  Continue reading

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Although most Americans understand that surveillance techniques are becoming more common every day, most are likely not aware of the lengths to which the government goes to track us. The truth is, government tracking occurs more frequently and, in more ways, than most would guess. Incredibly, it is often a matter of large-scale efforts, aerial and physical surveillance, and even biometric data that can impact us all. Why all the data collection? Government agencies such as DHS, NSA, FBI, and CIA say crime prevention and national security require it. 

Some Specifics

Internet searches, browsing patterns, messaging, and more are available for mass data collection. Under the Foreign Intelligence Surveillance Act (FISA), phone metadata that travels through undersea cables and internet hubs is accessible without a warrant when that data interacts with foreign entities. Thus, the government can identify the numbers called, as well as the location and duration of calls. Government agencies also use cell-phone data for geolocation on a large scale to determine who was in the vicinity of a crime. The facts around surveillance in this country are disquieting: 

  • Literally hundreds of millions of American citizens have had their data collected by the Intelligence Community. Mass surveillance operations include efforts to follow texting patterns, listen in on phone calls, and eavesdrop electronically. 
  • Some federal agencies oversee numerous social media platforms that typical Americans interact with daily, from X to Facebook and beyond. 
  • Aerial surveillance by drones or manned aircraft allows arbitrary mass surveillance of rural and/or urban areas. This is particularly worrisome because there are very few privacy protections on the books in this area. Along with high-resolution cameras being utilized, there are drones with license plate readers, facial recognition technology, motion detectors, infrared cameras, and heat sensors. 
  • Automated license plate readers (ALPR) are ever-present these days, and the data from Flock, the company behind the readers, is available to basically anyone who wants it. Recently, much of this information has been used to identify the movements of immigrants in the country.
  • Government entities also purchase personal information from data brokers, which is a simple and fast way to get personal information without a warrant.
  • Facial recognition technology (FRT) is operating in more and more public spaces as retailers opt for the ability to scan customers’ faces in order to hunt for alleged shoplifters and other individuals who have been targeted by law enforcement. BOLO alerts (be on the lookout for) from police are turning this type of surveillance into what some call a “mass surveillance machine,” one that is frequently misused, imprecise, and often is responsible for wrongful arrests.
  • All of these forms of surveillance are out there being used with regularity, oftentimes collecting data on innocent and unsuspecting individuals.

Continue reading

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Aggressive ICE tactics toward people who are in their vehicles have been hitting the news of late, oftentimes with disturbing video and witness commentary. We have observed officers blocking vehicles with their often-unmarked SUVs, smashing through car windows, dragging people from their cars, and, worse yet, shooting into vehicles. It has America feeling out of sorts, to say the least, and merits a review of the rights we all have—citizen or not–when it comes to being approached by ICE agents while in a vehicle. 

As ICE Approaches

Immigration Customs Enforcement (ICE) officers have been observed swarming a vehicle, which surprises and overwhelms motorists. Even though a situation like this may be alarming, it’s wise to remain calm when interacting with these officers. Whatever they ask of you, it is important to assert your rights, even when it appears that officers are ignoring your words. It could later prove to be valuable in a legal case if things progress that far. Regardless of the situation, your citizenship status, and your race, you always have the right to remain silent and to request an attorney.

Continue reading

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Contemporary events in Minneapolis escalated rapidly when the conflict between ICE agents and protestors led to the deadly shooting of Renee Good, a woman who was accused of trying to use her car as a weapon against a law enforcement officer. That officer shot her in the head multiple times. Federal authorities were quick to label Renee Good as a domestic terrorist. If you find yourself in a similar situation and facing a similar label, here’s what you need to know. 

Federal Statutes

Under federal law, domestic terrorism is any ideologically motivated violent or dangerous criminal act that is intended to coerce civilians or to influence government conduct or policy in this country. While no actual provisions specifically ban domestic terrorism per se, several federal statutes fit within the statutory definition. In a nutshell, domestic terrorism includes acts that endanger human life in violation of state or federal laws and that seem to be intended to: 

  1. Coerce/ intimidate civilians;
  2. Sway government policies through acts of intimidation;
  3. Impact government deportment with kidnappings, assassinations, or mass destruction.

Other provisions include the potential for charges for providing material support, which would include:

  1. Being aware that one’s support will be used to commit terrorism;
  2. Knowingly harboring a terrorist;
  3. Knowing that the support provided will go to an organization with an official terrorist designation.

Additional federal charges related to domestic terrorism that have been used in prosecutions over time include:

  1. Operating weapons of mass destruction, including chemical weapons, bombs, or bioweapons;
  2. Crimes related to arson and/or explosives;
  3.  Attempting to or successfully killing a federal officer;
  4. Destroying government property;
  5. Using violence or threats to interfere with commerce;

Penalties

Unless an accused domestic terrorist is killed– as in the case of Renee Good–charges of domestic terrorism can lead to significant penalties:

  1. The death penalty, or life in prison;
  2. Public judgment and rebuke ;
  3. Isolation;
  4. Inability to provide for and interact with family.

Defending Charges of Domestic Terrorism 

Prosecuting this type of crime requires a heavy burden on prosecutors.  They are required to demonstrate the following:

  1. The attack was planned in order to incite fear;
  2. Threats and/or violence were used;
  3. The act was politically or religiously motivated;
  4. The incident targeted civilians or federal officers.

Charges may be levied even in the event a suspect never followed through with the terroristic actions, such as if a bomb was built but not actually used. Even threatening to bomb a bridge, for example, could result in charges. Aiding and abetting charges could land on anyone taking definitive actions to support the alleged terrorist.

Defenses might include a claim of mistaken identity or of false charges and could be bolstered by a strong alibi and evidence that the defendant had no ideological basis to be involved in the crime. Continue reading

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Anyone who is serving a long prison sentence may eventually petition the parole board for early release. There are things that can be done in advance of this important hearing starting right at sentencing so that as the parole hearing date nears, one will have more confidence in the possibilities. Prisoners will be allowed to make a statement, as will victims. While there is no real way to impact what victims may say, a petitioner can surely take steps to make a good showing. 

Showing Remorse

An important issue the parole board will be looking at is whether a prisoner’s remorse is sincere. They will expect a detailed explanation of the events leading to incarceration and will scrutinize prison conduct, including the programs and educational opportunities taken advantage of, as well as any negative incidents that occurred. This will all be indicators of personal growth, reform, and regret, or the lack thereof.

Having a Post-Release Plan

The board will also be interested to hear about intentions post-release. They will want to know whether the root causes of the criminal behavior have been examined and addressed. Their concerns will include future employment and housing plans, support networks, and the ability to avoid people and circumstances deemed dangerous to one’s ability and willingness to contribute to society while avoiding illegal entanglements. 

Victim Impact

Victims will be allowed to make statements and send letters to try to influence the board’s decision, and the impact of your crimes on victims will be weighed, in addition to any details and special circumstances relating to the crime. 

The Risk Assessment

A statistical calculation that looks at criminal history and other risk factors, such as substance abuse, education level, and job options, will be created based on all of this information. This risk assessment will use all available data to estimate the likelihood of recidivism—or reoffending. It is all thrown together to come up with a risk score to assist the parole board in balancing the value of granting early release against public safety considerations.

Following the Hearing

The parole board will consider the case in its entirety after the hearing to determine whether to grant a petition for early release. If granted, a release with severe supervision and clear expectations will follow, with total compliance expected in lieu of being returned to prison. If release is denied, reasons will be given, and reapplication may occur at a later date if certain conditions are met. Continue reading

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Phone: (619) 229-1870Fax: (760) 230-5888Toll Free: (888) 476-0901Email: dboertje@boertjelaw.com
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