Preliminary Identification of Drugs

When a police officer identifies something that he or she believes to be an illegal drug, visual identification is typically not good enough to make an arrest.  As always, different jurisdictions have different rulings on that topic.  Some jurisdictions say “everybody knows what marijuana looks like” while others still require a field test.  In the […]

Motion to Suppress Handgun

Motion to Suppress Handgun Jurisdiction: Wake County, North Carolina Concerns: 1) Does a BOLO which consists of a description of the incorrect auto the incorrect specific individual give a detective probable trigger to pull far more than a auto when the driver has broken no site guests laws and is not behaving in a suspicious manner? two) […]

Cronin v. Commissioner of Probation Petitioner was convicted and sentenced for operating a motor automobile below the influence of alcohol and negligent operation of a motor car. At some point in the course of the booking approach, petitioner was offered written Miranda warnings and invoked his appropriate to stay silent. Petitioner contends that the prosecutor’s […]

Violation of Due Strategy | Exclusionary Rule Added State Protections When drafting a motion to suppress do not neglect that states are typically permitted to enact laws that grant a defendant far much more protection than is afforded in the United States Constitution. In Michigan Division of State Police vs. Sitz, the United States Supreme […]

The appellate court produced the following factual findings and legal conclusions in reversing the trial court’s denial of defendant’s motion to suppress. Factual Scenario: An officer responded to a domestic disturbance 911 telephone call,  saw the defendant driving away in an automobile which matched the description of the vehicle in the 911 telephone call. The […]