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Criminal Defense Archives

What evidence can police access from your cell?

Ratified in 1791, the drafters of the Fourth Amendment could never have imagined the role cellphones would play our 2017 day-to-day lives. The "right of the people to be secure in their persons, house, papers and effects" was to meant to prohibit "general warrants" for broad search.

Sometimes optimal outcome in criminal case isn't what's expected

Sometimes circumstances when we are in a frail mental state can lead to irrational behavior. If that behavior gets you charged with a criminal act, even if it isn't one of violence, what should the punishment be upon conviction?

You have rights under police questioning. They might not tell you

Just because you have the right to remain silent doesn't mean the police have an obligation to let you know it. This might surprise some readers. The recitation of the Miranda warning every time TV and movie cops slap handcuffs on a suspect is so common that it might be easy to think that it's a requirement.

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