CAN THE POLICE FORCE ME TO TAKE A BLOOD TEST?

by John Olash | Aug 13, 2017 | Criminal Defense

MORE BAD NEWS FOR THE FOURTH AMENDMENT THE ALTERNATIVE EXCEPTION The Fourth Amendment Exclusionary Rule has always excluded primary evidence discovered by an illegal search and evidence later discovered which is derivative of the illegality. One exception to this rule...

WHEN CAN THE POLICE SEARCH YOUR CELL PHONE?

by John Olash | Aug 13, 2017 | Criminal Defense

Your cell phone stores vast amounts of personal information, pictures, passwords, financial dates, employment history, medical history and sensitive correspondences. This information is private and you do not want to share it with the government. The Fourth Amendment...

CLASSIFICATION OF DRUGS/ CONTROLLED SUBSTANCES

by John Olash | Aug 13, 2017 | Criminal Defense

The FDA classifies drugs into five categories. The categories are based on risk and harm. Drugs which can be very harmful to a person and also pose very little health benefits are classified as Schedule I drugs. Drugs are identified into one of the five categories...

WHAT ARE YOUR RIGHTS WHEN POLICE STOP YOUR CAR AND CALL FOR A DRUG DOG?

by John Olash | Feb 18, 2017 | Criminal Defense

Denny Rodriquez was driving his Mercury Mountaineer in Nebraska. He was stopped for swerving. The police officer gave him a warning. After the warning, the police officer asked Mr. Rodriquez for permission to let a drug dog sniff the perimeter of his truck. Mr....

CAN A DUI, CAN THE POLICE FORCE A BLOOD TEST ON YOU?

by John Olash | Feb 18, 2017 | Criminal Defense

The answer is yes and no. It depends on the facts of your DUI. KRS 189A.105(2)b allows the police to get a search warrant for a blood test in a DUI investigation if a person is killed or seriously injured. The constitutionality of DUI blood tests was first considered...