DRAM SHOP

by | Jan 27, 2016 | Criminal Defense

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

by | Jul 26, 2015 | Criminal Defense

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

by | Jul 26, 2015 | Criminal Defense

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

by | Jul 26, 2015 | Criminal Defense

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...

VEHICLE STOPS

by | May 21, 2015 | Criminal Defense

Stopping a vehicle is a seizure under the Fourth Amendment.  Under Terry v. Ohio the U.S. Supreme Court permits a brief investigative stop where there is reasonable suspicion to believe the person is engaged in criminal activity. All that is necessary is...