COURT FINDS WARRANTLESS SEARCH OF YOUR CELL PHONE VIOLATES FOURTH AMENDMENT The Fourth Amendment protects you against unreasonable governmental contact. Today, the U.S. Supreme Court, in a key decision, held that you have a right to privacy and to be free from unreasonable search and seizure of your cell phone, including smart phone. In a unanimous decision […]
Read MoreFOURTH AMENDMENT DISALLOWS WARRANTLESS BLOOD DRAW IN DUI CASES The U.S. Supreme Court recently held that the police could not conduct a warrantless blood draw in a routine DUI investigation. In Missouri v. McNeely, the court held that “ in drunk-driving investigations, the natural dissipation of alcohol in the bloodstream does not constitute an exigency […]
Read MoreSearch warrants are required before officers can allow a trained dog to sniff around your home. Without a search warrant it is a violation of your fourth Amendment Rights. Last week, the U.S. Supreme Court handed down its decision in Florida v. Jardines, which affirmed a Fourth Amendment Right to be secure from unreasonable search […]
Read MoreAs a criminal defense attorney there is one question that I get over and over again they [police] didn’t read me my Miranda Rights, can’t we get the case dismissed or my rights were violated, shouldn’t my case be dismissed. WRONG. Police are NOT required to give you a Miranda warning, UNLESS both of the […]
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