It seems our courts are following the Fourth Circuit in getting fed up with law enforcement and prosecutors alike trying to mold innocent acts into reasonable suspicion as a basis to detain you beyond the completion of a traffic stop . In State v. Moore, the SC Court of Appeals stated: We share the Fourth Circuit’s …
Nervousness is no reason to prolong a traffic stop – Drugs suppressed Read More »
Miranda Warnings On June 17, 2013 the U.S. Supreme Court decided Salinas v. Texas, which has major implications regarding criminal procedure and police practices. Issue before the U.S. Supreme Court The question before the court was: “Whether the prosecution may use a defendant’s assertion of the privilege against self-incrimination during a non-custodial police interview? However, the Court …
Right to remain silent – Can and will be used against you in trial Read More »
The use of police drug dogs is becoming ever more popular in the day-to-day functions of law enforcement. With such use the courts are being sought for guidance on how far is to far and what are the limits. A Florida case is the first by the U.S. Supreme Court to tackle when can police …
DUI Breath Test “Blow Hard” Instruction Improper On January 23, 2013 a SC judge ruled that the instruction to “blow hard” when administering a DUI breath test invalidated the results and ruled it inadmissible in court. The court noted that “There is simply no way to avoid the unavoidable conclusion that instructing a subject to …
“Blow hard” instruction in DUI Breath Test Improper. Read More »
Can Police Search Your Cell Phone? This is a question that I am often asked as a criminal defense lawyer. Typically, the person was under arrest at then time of the warrantees search. More important to my client is the incriminating evidence recovered from the phone such as text messages discussing the price and weight …
