Police
When Courts Protect Questionable Police Searches Through the Inevitable Discovery Doctrine
Often when I challenge police searches for lack of a search warrant or for other Constitutional infirmities, the prosecutor argues that the incriminating evidence would inevitably have been lawfully discovered by police if not first discovered in the questionable way with which the evidence in...
Police outrageous conduct — An elusive defense for criminal defendants
Do we as a society want to tolerate police engaging in oral sex and sexual intercourse with prostitutes in order to nab them, smoking crack with addicts to arrest them, and busting heads of rival gangs to arrest members of gangs to which the police...
When Prosecutors and Police Interfere with Defense Efforts to Speak with Prosecution Witnesses
Prosecutors and police are here to serve the public, and not the other way around. Too many of them forget that. Power corrupts too many people. Criminal defendants are members of the public, as are their lawyers. Prosecutors and police should tread carefully to ever...
Winning at trial with the smoking video
For defending criminal and DWI prosecutions, the defense early on needs to move to preserve and obtain video, audio and photographic evidence of and related to the incident. At first blush, the criminal defense lawyer might ask whether it is better to try to make...
Being a prosecutor does not automatically mean credibility and reliability
Being a prosecutor or police officers does not automatically mean that person is credible nor reliable. Judges, jurors, and everyone else must remember that. Criminal defendants' lives and liberty too often unjustly are crushed by an unwritten presumption that too many people give to police...
Whether police who clam up with the defense honor suspects’ decisions to clam up
In Virginia, as but a for instance, it is common for many police officers to hesitate to talk with defense lawyers about the evidence rather than referring them to the designated prosecutor to obtain information.
DWI defense- Get the incident video
For DWI cases, I want the incident video if it exists. For all other criminal cases, I want the incident video unless I should first explore further with my client whether seeking the video will be the only reason that the prosecutor will himself or...
Miranda’s Limited Powers: Blurts, Twilight Zones, Searches, Pre-Custody, Civilian Questioning, Delays, & Cross-Exam
"I was never read my Miranda rights," many of my clients insist. That claim is the beginning, rather than the end, of the inquiry
Staying above the line for effective battle against prosecutors and police
Sometimes when a prosecutor, police officer or judge acts offensively, I have to catch myself not to spout at them that our tax dollars are not supposed to be paying for a fascist state nor for a wrongheaded attitude by such people that they are...
After the fatal Charlotte police shooting of Keith Lamont Scott – The importance for police and all people to practice de-escalation
The aftermath of the September 20, 2016, fatal Charlotte police shooting of Keith Lamont Scott includes police insistence that Mr. Scott was displaying a handgun, and his family's claiming the opposite. (Finally released police video footage of the shooting is here.) Even assuming for argument's...