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Month: June 2019

DUI/DWI Law & Issues

Challenging breath or blood tests in DUI case in Missouri

At a sobriety checkpoint, police officers stop drivers at some regular interval whereby the drivers are briefly detained and those suspected of intoxication are assessed for signs of intoxication and impairment. Police officers do not have unfettered discretion to stop

DUI/DWI Law & Issues

Challenging BAC test results associated with breath tests/Breathalyzers

At a sobriety checkpoint, police officers stop drivers at some regular interval whereby the drivers are briefly detained and those suspected of intoxication are assessed for signs of intoxication and impairment. Police officers do not have unfettered discretion to stop

DUI/DWI Law & Issues

Drunk Driving Defenses in Missouri

At a sobriety checkpoint, police officers stop drivers at some regular interval whereby the drivers are briefly detained and those suspected of intoxication are assessed for signs of intoxication and impairment. Police officers do not have unfettered discretion to stop

DUI/DWI Law & Issues

Breath Test Device Not Maintained Properly

At a sobriety checkpoint, police officers stop drivers at some regular interval whereby the drivers are briefly detained and those suspected of intoxication are assessed for signs of intoxication and impairment. Police officers do not have unfettered discretion to stop

Police DUI Checkpoint
DUI/DWI Law & Issues

Sobriety Checkpoints in Missouri

At a sobriety checkpoint, police officers stop drivers at some regular interval whereby the drivers are briefly detained and those suspected of intoxication are assessed for signs of intoxication and impairment. Police officers do not have unfettered discretion to stop

The Supreme Court Of The United States
KC Defense Counsel Articles

Carpenter v. United States

In Carpenter v. United States, the Supreme Court reversed the choice of the lower court that seizure and search of 127 days of an individual’s PDA area information was not a “search” under the Fourth Amendment. In the criminal case

Jury Selection In Missouri Criminal Defense
KC Defense Counsel Articles

Jury Selection in Missouri

Jury choice is that the procedure whereby persons from the community are known as to court, questioned by the litigants on their qualifications to function a panelist then either designated to or rejected to serve as a juror. All persons

Searches of the area of immediate control happen to be among the exceptions to the requirement for law enforcement officers to have a search warrant under the Fourth Amendment.
Criminal Procedure

Searches of Area of Immediate Control and Automobiles in Missouri

Missouri criminal laws permit law enforcement officers to conduct searches of the area of immediate control of persons and motorists under lawful arrest. The term immediate control refers to an area with an arrested person’s reach, which includes the arrestee’s

Criminal Defenses

Constitutional Violation Defense In Criminal Law

Criminal defendants, just like any other person, have their rights. These rights begin the very moment a person is arrested for criminal charges to the time they appear in court for the hearing. It is during these stages that police

probation searches
Criminal Procedure

Searches On Persons Under Court Mandated Supervision In Missouri

In Missouri, offenders on probation and parole are obligated to submit to warrantless searches by probation or parole officers throughout the period that they are under state supervision. As a condition of placing an offender on probation or parole, the

Criminal Defense of Compulsion
Criminal Defenses

Criminal Defense Compulsion

Everyone has freedom under the law to willingly attest, agree or disagree to a particular request or do something without being forced to do it. However, in law, one may be compelled to commit an act or do something without

Refusing a Breathalyzer
Criminal Law Questions

Refusing a Breathalyzer /Blood Test in Missouri

Under Missouri’s Implied Consent law, drivers operating motor vehicles on public highways in Missouri are obligated to submit to breathalyzer/blood tests whenever pulled over for suspected drunk driving. Typically, the breathalyzer/blood tests are part of a drunk driving investigation meant

Criminal Law Questions

Sobriety Checkpoints in Missouri

At a sobriety checkpoint, police officers stop drivers at some regular interval whereby the drivers are briefly detained and those suspected of intoxication are assessed for signs of intoxication and impairment. Police officers do not have unfettered discretion to stop

Criminal Defenses

Police Interrogation And The Privilege Against Self Incrimination

The U.S. constitution’s fifth amendment protects a person from self-incrimination. The amendment states that no one “shall be compelled in any criminal case to be a witness against himself.” This means that a person has the right to remain silent

Criminal Defenses

Duress as a Legal Defense in Criminal Law

In criminal law, defendants can be pardoned if a jury establishes that their actions to commit a crime were driven by a threat of death or bodily injury or some reasonable fear that the threat will be carried out. This

Criminal Procedure

Applying Miranda

Applying the Miranda can be confusing for some law officers, thanks to Hollywood! Depiction and interpretation of Miranda in real life is far from what we are made to believe in the movies. The entertainment industry makes it look like

KC Defense Counsel Articles

Custodial Interrogation in Missouri

Custodial interrogation refers to the questioning of a person in custody by law enforcement officers in connection to a criminal investigation. Being in custody doesn’t necessarily mean handcuffs, formal arrest, or physical restraint. A person is considered to be in

KC Defense Counsel Articles

Dog Sniff & Missouri Law

Police officers in Missouri are allowed to use dog sniffs to locate illegal narcotics. Such canines can be trained to locate a specific illegal substance or multiple types of drugs. Searching using sniff dogs in Missouri follows particular rules that

The Sixth Amendment and Eye Witness Identification
Criminal Procedure

The Sixth Amendment and Eye Witness Identification

The procedures of witness identification face many constitutional challenges. The challenges to these procedures are focused on the provisions of the Sixth amendment below.
The Sixth Amendment to the U.S. reads in part; ”In all criminal prosecutions, the accused