August 28, 2018

I have heard from quite a few clients in the past that the police did not give them an opportunity to agree or consent to a search and just searched. It is an all-to-common complaint and one that is difficult to prove in court because it becomes the police officer’s wo...

August 27, 2018

The “fruit of the poisonous tree” is a constitutional criminal legal doctrine. When physical evidence is illegally obtained by the government in violation of the Fourth Amendment, the accused may have the remedy of excluding the illegally seized evidence. Exclusion is...

August 22, 2018

There is no such thing as a “pocket warrant.” Anyone arrested based solely on a “pocket warrant” needs to seek immediate legal representation to have a skilled attorney conduct serious constitutional scrutiny because that type of arrest was most likely illegal and/or u...

August 22, 2018

I am sometimes asked by attorneys that I am consulting with about record preservation regarding deposition testimony. The common misconception is that an objection to the form of the question is the catch-all objection that will preserve a potential error for later jud...

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