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,...

DRAM SHOP

KRJ 413.241 The intoxicated person is primarily liable. The tavern is only seemingly liable if a reasonable person under the same or similar circumstances should know that the person is already intoxicated at the time of serving. The tavern will be entitled to...

POLICE SURVEILLANCE

POLICE SURVEILLANCE LOCATIONS ON DRUG INVESTIGATION ARE PROTECTED FROM DISCLOSURE Jett v. Commonwealth of Kentucky, addresses the sanctity of an accused fundamental right to cross examination. Any limitation of an accused right to cross exam beyond the typical...

POLICE SEARCH

CAN THE POLICE SEARCH YOUR HOME WITHOUT A WARRANT IF YOUR ROOMMATE CONSENTS TO A WARRANTLESS SEARCH, BUT YOU TELL THE POLICE NO? In the case of Fernandez v. California, (2004), in a 6 to 3 decision, the U.S. Supreme Court said yes. If the objecting tenant leaves, the...

MIRANDA RIGHTS

The prosecution may not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation of the defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination. By custodial...