POLICE SEARCH

by John Olash | 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 John Olash | 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 John Olash | 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...

PROSECUTIONAL MISCONDUCT

by John Olash | May 21, 2015 | Criminal Defense

PROSECUTIONAL MISCONDUCT U.S. v. Emueybunan, 208 F.3d. 377 (2001).  Statements by a prosecutor in a closing argument are not proper if they bring to the attention of the jury facts not in evidence.  When reviewing claims of prosecutional misconduct: Determine whether...

DISCOVERY

by John Olash | May 21, 2015 | Criminal Defense

DISCOVERY   DEFENDANT REQUEST   BRADY – Brady was convicted of murder.  At sentencing he testified his accomplice committed the murder.  After Brady was convicted he discovered his accomplice had told police he committed the (murder before trial).  Brady had...

WHY HEROIN?

by John Olash | Apr 20, 2015 | Criminal Defense

Heroin is made from poppy plants.  Milky opium is removed from the poppy flower.  The opium is refined to make morphine and further refined into heroin.  Many people experiment with heroin without realizing it is much more dangerous than marijuana.  People think they...