1. What Is Sufficient To Establish Reasonable Suspicion?

    Any criminal lawyer knows that before a law enforcement officer, who lacks probable cause to arrest, can detain someone and thereby curtail his or her freedom of movement, he must first have reasonable suspicion to believe that criminal activity is afoot. Reasonable suspicion must be based on "specific and articulable facts" that leads the officer to believe that (1) a crime has been, is being, or…Read More

  2. What’s a Motion to Suppress Evidence?

    A motion to suppress evidence is a formal request to determine the legality of the search and seizure of the evidence. This particular motion finds its legal authority in the Fourth Amendment of the U.S. Constitution which provides, "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warran…Read More

  3. The Limitations of “Implied Consent” in DUI Cases

    On February 26, 2016, the Court of Appeal of California, Sixth Appellate District, released its opinion in the case of People v. Arredondo. The chief question in the case was under what circumstances may authorities seize a blood sample from an unconscious person suspected of drunk driving without offending the Fourth Amendment's guarantee against unreasonable searches and seizures. Facts Shortly …Read More