The Motion to Suppress: A Necessary and Important Defense Tool.

“In the jealous regard for maintaining the integrity of individual rights, the [Supreme] Court gave life to Madison’s prediction that ‘independent tribunals of justice . . . will be naturally led to resist every encroachment upon rights expressly stipulated for in the Constitution by the declaration of rights.’”  Mapp v. Ohio, 367 U.S. 643, 647 (1961). The Exclusionary Rule.  More … Read More

Anything You “Type” Can Be Used Against You

Social media is increasingly becoming a larger component of our lives. Because more of us are preserving our daily activities on various social media platforms, there is a concern that access to those postings could have drastic effects upon the outcome of legal proceedings.  Fortunately, an attorney’s subpoena power is not sufficient to produce that information, however there are procedures … Read More

How Your Rights May Hinge Upon “Momentary and Minor” Violations of the Law

How Your Rights May Hinge Upon “Momentary and Minor” Violations of the Law

Perhaps one of the most important rights to be guaranteed under both state and federal constitutions is the right to be free from unreasonable searches and seizures. This right places a check upon the government so that it may not whimsically interfere with our personal space. However, when it comes to driving, drivers should be wary that the most “momentary … Read More