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

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...

WHAT IS “RELEVANT” EVIDENCE?

In order for evidence to be used in a courtroom, the trial judge must agree that it is “relevant evidence.” To be considered relevant the evidence must have “any tendency” to make the existence of any fact that is of consequence to the...

Ban the Box law

The purpose of ‘Ban the Box’ laws is to provide better employment opportunities for those with an arrest or conviction. Approximately 25% of adults in the United States have an arrest or conviction. That’s over 65 million people with little hope for meaningful...

Search Warrants

Search Warrants Anyone that’s watched television has at least a vague notion of the purpose of a search warrant. In general terms, a search warrant is provided by a judge and authorizes law enforcement personnel to search for specific items at specific location during...

When Can Police Stop and Frisk You?

TERRY V. OHIO The Supreme Court approved police seizures and frisks of suspects on the street when police have: Specific and articulable facts taken together with rational inferences from those facts reasonably warranting suspicious criminal conduct. When the police...

RAISING FEDERAL ISSUES

  RAISING FEDERAL ISSUES IN A STATE COURT PROSECUTION CAN TURN A LOSER CASE INTO A NOT GUILTY VERDICT   All state courts must follow the U.S. Constitution.  However, if your attorney fails to argue that your federal rights were violated by the local police,...