Police
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...
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...
Battling by rattling the opponent’s agenda while keeping both eyes on the prize
If the prosecutor comes to court with a smirking attitude, the defense lawyer does not need to do anything to wipe the smirk off the prosecutor's face other than doing the criminal defense lawyer's job, keeping his eyes on the prize.
Virginia adopts the police collective knowledge doctrine
Today, the Virginia Court of Appeals adopted the police collective knowledge doctrine that already applies in federal courts. Edmond v. Virginia, ___ Va. App. ___ (Aug. 2, 2016). Under the collective knowledge, "an officer is justified in acting upon an instruction from another officer if...
A how-to for police suspects, starting with the power of “no”
Go and enjoy the rest of the Fourth of July weekend, and remember that Independence Day has less meaning when criminal suspects do not assert their rights to remain silent with the police and to refuse police searches.
Policing is an undemocratic, militaristic culture
Policing is a necessary evil that is antithetical to a free, open and democratic society. Policing is a poison on society and the body politic when our society is overpoliced, which it has been for decades,
What would have happened if Video had not Captured Laquan McDonald’s Murder by police
Repeatedly, police harass and arrest people for unobtrusively filming their public activities, despite the countless times that video reveals police misconduct.
Critical Crossroads for Overhauling the Police State, Supporting Good Policing and Speaking Out Against Police Abuse
The United States is at a critical crossroads for overhauling the police state, supporting good policing and speaking out over wrong policing, in the face of widespread police abuse, with some of the starker recent examples being the deaths of Michael Brown and Eric Garner,...