When engaging with law enforcement, it is a common misconception that a Miranda warning must be read to you in all instances. However, this is only the case when two conditions are met: you are detained by a police officer, and they are questioning you. Contrary to...
Criminal Law
What is the difference between a stop and an arrest?
When you are arrested, you can feel powerless and vulnerable, but it's important to remember that you still have rights protected under the United States Constitution. Among these rights are the right to know why you have been arrested and what charges have been...
A review of Miranda Rights
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...
How felony murder differs from first and second-degree murder
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...
Can an officer make an arrest outside of their jurisdiction?
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...
When can police search my house?
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...
Can police search my cellphone in Missouri?
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...
What is the best way to handle a police encounter?
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...
When can the police search your house without a warrant?
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...
Bite mark evidence appears to be entirely bogus, scientifically
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...