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 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
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 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
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
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
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
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
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
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
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 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
Missouri statutes state that it’s an offense to hinder another person’s legal ownership of his own goods in the event that one receives the goods that he or she knows has been stolen or even thinks that the property has
The right to a speedy trial ensures that the state brings an individual to trial among bound points in time. There are completely different points in time supported federal law and state law. If the applicable point in time passes,
Missouri is among the states in the U.S. that have adopted special sentencing guidelines for prior and persistent law offenders. Under Missouri laws, a prior offender is a person who has been found guilty of one offense on a separate
The Missouri Department of Justice in collaboration with the Missouri Sentencing Advisory Commission has established a well-defined set of sentencing guidelines that govern the imposition of minimum and maximum punishments for different crimes while considering the facts and circumstances of
A successful coercion defense requires that the defendant’s fear be reasonable and related to him/her committing the crime. A Missouri court will look at the evidence provided and give an objective ruling. Such a verdict demands that if any other
In criminal law, probable cause is defined as the legal standard by which law enforcement officers have reasonable grounds to believe that a particular individual has committed a crime or is going to commit a crime, especially to justify making
