I was arrested for suspicion of DWI after being pulled over for a third brakelite being out. Can the police use incriminating evidence found only after the search incident to arrest? I would think they would had to have the search warrant prior to arresting me or at the very least the probable... Read more »
Of course they can. There is no obligation that law enforcement ignore evidence developed before the search incident to arrest. The probable cause basis for the arrest can differ from the probable cause to support a warrant application to get a search warrant for a blood draw. I am assuming that...Read more »
I've went to police for help they sent me a ticket in mail I'll explain. First time I pulled in gas station got gas went in. On way out gas station buddy was acting a fool so I said screw him and sat in my car and all a sudden my door got ripped open and dude started punching me and in... Read more »
There’s not really a question here but you should file an appeal if you believe that you were wrongfully convicted. I presume that the government had other evidence such as third party witnesses or out of court statements, but it’s impossible to weigh in on the conviction with the limited...Read more »
I was suffering from a period of Incapacity due to third degree burns, burn surgery, and an eighteen month recovery from those burns and the surgery. I could not adequately represent myself. I had my Constitutional rights trampled all over. They did not provide what was subpoenaed for that trial.... Read more »
It sounds like you have a complex civil appellate matter. You should consult privately with an attorney who handles civil rights appeals. You can use the search function on this site and give a few a call.
Stimulation offered to me i refused to agree to. Saw judge once and he said I needed to file some sort of claim or process but I cant remember what or which. What do I do to start legally regaining my property and sue the county for unneeded force by running into my parked and shut off truck... Read more »
It seems all things in my defense and truthful, on the police video and audio, somehow one way or another doesn't show,one moment it's clear then another it's totally silent ,then another staticy, and ironically at the times it's in my favor.so it makes me look bad, it's... Read more »
can a convicted felon be in a vehicle with another non-felon on a hunting excursion? this would include hunting fire arms. can a convicted felon have a dependent in possession of fire arms, or a can said dependent have a concealed carry permit fire arm? would I as a felon be able to go hunting with... Read more »
I discuss this issue extensively on my Liberty-Lawyer.com at https://liberty-lawyer.com/practice-areas/gun-defense-attorney/firearm-possession/ The concern is being accused of a crime as an ineligible person in possession, which carries long mandatory-minimum prison sentences, both state and...Read more »
I have seen many cases where a person was arrested for DUI even though the police officer did not observe driving. And I've won many of those cases after working hard on motions to dismiss and rescind. The two most common scenarios are (1) a person suspected to have been driving a disabled...Read more »
I was packing to leave my girlfriend's house when in the heat of the moment she tried to stop me. In doing so she scratched me on my neck and ripped my shirt. We have had a prior incident which I went to jail for, so I was recording the goings on. As a safety precaution I called 911 so nothing... Read more »
Legally parked, in an open public park at a reasonable time of day, eating dinner and playing a video game on his cell, my friend looked up from his game surprised to find a squad car parked perpendicular to his truck with lights activated. Thinking something was wrong my friend got out to see... Read more »
Whether police have an articulable suspicion of criminal activity, sufficient to justify a Fourth Amendment seizure,depends upon all the facts then known to that police officer. Of course, I don't have access to that information. His defense attorney of record on the case should. If...Read more »
Many mistakes were made in this case. By my lawyer and the judge. My lawyer failed to be prepared for the Rasmussen hearing. He never attempted to do any research into the case and facts. The case is entirely based around a vioation of both the 4th amendment and article 1 section 10 mn... Read more »
Reading that description, it sounds like you may want to replace your lawyer. If you do, your new lawyer may be able to ask for another Contested Omnibus Hearing. That would be an unusual request, and would need to have strong reasons to have a chance. But a new lawyer would have better chance...Read more »
You'll need a good lawyer first. Your lawyer will want to collect as much information as possible in order to identify good legal issues for the defense. I have won many cases where police came upon my client near (not in) their car, but evidence was lacking about when my client had last...Read more »
I never ended up being charged with anything, and i wasnt at home when they executed the warrantm i was never told what i was suspected of doing. This happened in june of 2017, and they refuse to give me my property back. They claimed that possession of such items was evidence of a crime. They took... Read more »
What they can seize is generally dependent on what the search is for. It is unclear what the basis for the search warrant was so it is difficult to answer the question. Can you provide more information?
I work in the traffic department as a traffic controller as they are no signals i have to stand in the middle of the street and guide ways to the cars. Once i was doing my job a car on purpose came fast as if he was about to hit me, neither he was going straight or left he was coming were i was... Read more »
Did you report him to the police? Seems it violates several code sections. Can you sue him? Technically yes, but as that type of case is frowned on by the Courts I doubt it. If you have ptsd then see about having it documented.
Please, for your own sake, do not post any more information about this case online. It only takes one search for the police to determine who you are and link anything you say online to your case. Valid or not, you will need an attorney to review the facts and defend you.
I got pulled over on the highway by a state patrol he gave me a dar ticket then he left he called dispatch and told them to watch me on the camera and let him know if I leave I left but he never pulled me over again he didn't even see me leave but cause he had somebody watch the camera until I... Read more »
More than one defense comes to mind based on this description. Evidence of the identity of whoever may have been seen driving a vehicle via a traffic cam, would seem to be lacking. The prosecution could also have witness problems, needing not only the State Patrol Officer but also whoever was the...Read more »
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