15
Nov

Fourth Degree Assault - Level of Harm

Assault, Evidence, Felonies
A fourth degree assault is charged when a person allegedly assaults a certain class of individuals – usually a police officer or paramedic, for example. Most assume that this is an automatic felony; and frankly, this is how it is charged out mo…
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16
May

When Can Cops Seize Cell Phones?

Constitutional Rights, Evidence
Let’s be honest – cell phones have become a necessity to our everyday lives. Many would be lost without a cell phone as it houses almost endless amounts of our personal information, from phone numbers, to thousands of photos/videos, and e…
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24
Jun

RIP 4th Amendment - Part 1 - Utah v. Strieff Decision

Arrest, Case Law Updates, Constitutional Rights, Evidence
In an era where the 2nd Amendment is untouchable, the 4th Amendment is nearing extinction due to two rulings this week by the U.S. Supreme Court. Before getting into the first decision – Utah v. Strieff – let’s remind ourselves of w…
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18
Jan

Confidential Informant's Identity May Be Disclosed

Drug Crimes, Evidence, Felonies
Often, the State relies upon snitches (or, more politically correct – a confidential informant (“CI”)) to prove their case against a defendant. You see this often in drug cases. The State values this ‘insider’ informatio…
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19
Aug

DWI - The Testing Procedure Must Be Done Properly

DWI, Evidence
Much of the focus on a DWI defense pertains to the basis for the stop and whether probable cause existed to arrest the defendant. Once that occurs, the officer takes the defendant back to the station and administers an official test – usually a…
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1
Jul

How to Get Back Seized Property

Evidence, Vehicle Forfeiture
As you probably know, police may seize property – with or without a warrant – if it believes the property has some potential evidentiary value. As expected, this leads to an abuse of the system. Police often seize property for no reason o…
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Tags: Evidence, Forfeiture