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A police encounter in a public location may lead to a bodily search. So-called "stop-and-frisk" encounters often occur when police officers do not have reason to arrest an individual. They may be the result of racial profiling or a person simply being in the wrong...
A grand jury is often used in potential criminal cases, and the goal is to review evidence and decide if there is probable cause for the case to go to trial. They will then make their recommendation about the next steps. If there is not probable cause, then the...
When evidence is suppressed, it cannot be used against you at trial. This usually follows a motion to suppress by the defense, alleging legal or procedural flaws in how the evidence was obtained or handled by law enforcement. When a judge grants the motion, the...
Vehicles are, in some ways, like second homes. People often have charging cables for their phones, snack foods and even spare clothing in their vehicles. They likely do not want total strangers going through their vehicles. Mobile phones are even more personal. People...
A police officer who stops a driver for the suspicion of drunk driving has various tools that they can use to determine if the driver is actually impaired. One of these is the preliminary alcohol screening (PAS) device, which is a handheld breath test device. The PAS...
People taken into state custody are usually aware of their Miranda rights. Even if they are not, police officers must inform them of their right to remain silent and their right to legal representation before questioning them. People who invoke their right to remain...
Being pulled over on suspicion of driving under the influence can be a stressful and confusing experience. In the moment, many people simply try to follow instructions without fully understanding what is happening. Field sobriety tests (FSTs) are a series of physical...
Individuals facing criminal charges have the right to choose their response. The right to a trial is a critical protection guaranteed by the Constitution. However, going to trial is a lengthy process with no guarantee of success. Criminal defendants concerned about...
Anyone who watches TV has probably seen a scene where a suspect is arrested, and while they're being handcuffed, the arresting officer is telling them they have the right to remain silent, etc. That statement is known as the Miranda rights, and they're crucial to the...
The police may want to search your home or other private property in the course of an investigation. Maybe you have been accused of theft, and they are looking for stolen goods. But if the police arrive at your house and ask to come inside, what are your rights? Do...