POLICE CANNOT DETAIN PEOPLE ON ROUTINE TRAFFIC STOPS

by John Olash | Apr 20, 2015 | Criminal Defense

The U.S. Supreme Court in Florida v. Rays, held that in a traffic stop the investigative detention must be temporary and last no longer than necessary to effectuate the purpose of the stop.  In Turley v. Commonwealth of Kentucky, 2011 SC 0276-M2, police stopped Turley...

TRASH PULLS

by John Olash | Feb 20, 2015 | Criminal Defense

Trash cans are subject to warrantless searches if the citizen has no reasonable expectation of privacy. California v. Greenwood, 108 S.Ct. 1625. A closed trash can may be searched when the cans are at the curb for pick up. A trash can in the curtilage of a home cannot...

U.S. SUPREME COURT PROTECTS POLICE WHO VIOLATE CITIZEN RIGHTS WHEN AN OFFICER CLAIMS, “I DID NOT KNOW THE LAW.”

by John Olash | Feb 18, 2015 | Criminal Defense

In Heien v. North Carolina, the U.S. Supreme Court held that a police officer’s mistake of the law does not support a motorist’s claim of illegal search and search. A North Carolina police officer stopped Heien’s car because only one of Heien’s brake lights was...

Diversion and Persistent Felony Offender (PFO)

by John Olash | May 29, 2014 | Criminal Defense

The Kentucky Supreme Court decided in Commonwealth v. Richard Derringer, 386.S.W.3d 123 (2012), that a diversion conviction cannot be used to form the basis of a PFO charge because the defendant has not been sentenced.  The Supreme court held that Pretrial Diversion...

Bond on a Federal Indictment- Pretrial Detainees Right

by John Olash | May 22, 2014 | Criminal Defense

If you have been indicted on a federal crime you will be subject to pretrial detention if you cannot post bail; or The trial court determines it serves the public interest to detain you until  your case is brought to trial. Under the United States Constitution you are...

Rape Shield Law

by John Olash | May 22, 2014 | Criminal Defense

 The rape shield law is found in Kentucky Rule Evidence 412, (KRE 412).  In cases involving alleged sexual misconduct, evidence is generally not allowed if it is offered to prove that the alleged victim engaged in the other sexual behavior or is used to prove an...