Most people are familiar with the phrase "Miranda Rights," which is the standard speech given when someone is arrested. The Fifth Amendment and Miranda Rights are often used interchangeably but the laws that make up what we know today as "Miranda Rights" are actually...
Homicide is a very serious crime that comes with serious consequences. However, most people don't realize that there are different categories of murder, first-degree murder and second-degree murder (which also includes the concept of felony murder). Although both...
When local law enforcement officers are out on the beat, they are there to protect and serve the public. But just how far does that protection and service extend? Can an officer make an arrest if they are outside of their jurisdiction? In this post, we'll explore the...
The Fourth Amendment protects Missouri citizens against unreasonable searches and seizures by the government. In most cases, police and other law enforcement entities must have a valid search warrant or other lawful reason to enter your home. Judges issues search...
Imagine you are driving, and the police pull you over. The officer asks to see your cell phone or takes it during an arrest. But can they search your phone without a warrant? The short answer is no. The longer answer is that it can happen due to mistakes and certain...
Getting stopped by the police or having them knock at your door can be a scary or emotional experience. If you are involved in a traffic stop or if you are at your home, there are some ways to ensure the encounter is safe while protecting your legal rights. Be calm...
The search and seizure law in Missouri requires the police to have a warrant to conduct a search. The fourth amendment also allows you the right to be secure in your home and protects you against unreasonable searches. Nevertheless, there are situations when the...
In October 2022, the National Institute of Standards and Technology (NIST) released a draft report that shocked some people in the criminal justice system. The report was a response to the landmark 2009 study by the National Academies of Sciences, Engineering and...
When you are accused of a crime, you still have rights that are guaranteed by law. The Missouri constitution ensures this protection through the bill of rights which states that in criminal prosecutions, the accused shall have the following rights. The right to appear...
In legal terminology, the phrase "fruit of the poisonous tree" refers to evidence obtained by means of an illegal search or seizure. Under the fruit of the poisonous tree doctrine, if evidence was improperly obtained, it must be excluded from trial to protect against...
