by Gerald Miller | Nov 14, 2016 | DWI & Criminal Defense, fourth amendment
The status of implied consent laws as a tool to deter drunk driving has been in flux as three separate cases remained pending before the nation’s highest court. Recently, the U.S. Supreme Court (SCOTUS) decided the cases, including a St. Paul case where a man refused...
by Kyle Dreger | Jul 27, 2016 | DWI & Criminal Defense, fourth amendment, privacy, warrantless search
The so-called “War on Drugs” has resulted in the expenditure of enormous public resources and the imposition of harsh sentences upon many individuals engaged in relatively minor drug offenses. The broad scope of the “automobile exception” to the warrant requirement...
by Robert Foley | Jun 23, 2016 | DWI & Criminal Defense, fourth amendment, privacy, warrantless search
As a way of obtaining probable cause to issue a search warrant on the home of a person suspected of drug offenses, police search garbage for evidence. The United States Supreme Court in California v. Greenwood, 486 U.S. 35 (1988) held that people do not have a...
by Kyle Dreger | Jun 3, 2016 | DWI & Criminal Defense
Can police lie to citizens? In certain circumstances, yes. Most children grow up hearing that “honesty is the best policy”, but in the eyes of a federal appellate court, this maxim does not apply to law enforcement officers. If asked the question “Can police lie...
by Kyle Dreger | Mar 21, 2016 | DWI & Criminal Defense
The Fourth Amendment is designed to protect people from “unreasonable search and seizure” by law enforcement officers. Generally, officers must have either “reasonable suspicion” or “probable cause” that a person is currently (or previously has) engaged in...
