What has been vaguely described in multiple criminal cases as a "proven law enforcement technique" has lately come under increased scrutiny.
The question of whether a police search is legal can be a complicated matter. Even if a search warrant has been issued, the scope of the warrant is limited. Generally, a search warrant authorizes police to search for particular items of evidence in particular places. If investigators illegally search beyond the scope of the warrant, then evidence seized in the search may be kept out of court.
In prosecuting criminal charges related to Internet crimes, authorities sometimes re-characterize the circumstances of an online communication to suggest that the defendant had bad intentions.
Though the Fourth Amendment to the United States Constitution prohibits it, illegal search and seizure is a reality that can lead to criminal charges. If you have been accused of a crime because of evidence seized in an illegal search, then you will need an experienced criminal defense attorney to investigate your case and show that the police violated your rights.
In our January 16 post, we wrote about the Missouri DWI blood-draw case that is now before the U.S. Supreme Court. Though the Court has not yet ruled, the case continues to attract attention in the St. Louis area and across the country.
Appeals are a key part of the criminal justice process. After all, with liberty or even someone's life at stake, it's important to have the opportunity for review, to make sure the judge or jury got the law and facts right.
Today is the first Monday in October, the traditional date when the U.S Supreme reconvenes after its summer recess. This year, a criminal appeal from Missouri is one of the relatively few cases that the court has agreed to hear.