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...
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...
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...
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....
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...
by John Olash | Feb 18, 2017 | Criminal Defense
In Franks v. Delaware, 438 U.S. 154 (1978), the U.S. Supreme Court held that when a defendant makes a substantial preliminary showing that the police obtained a search warrant with deliberate or reckless misrepresentations in the search warrant affidavit and where...