Back in June I had been asked about the seizure of data from a computer in a post which set out that most basic of problems – suspects PROVIDING their computers to the cops for use AGAINST them or their spouse. My advice then was simple – don’t do that! Why make it easier on the authorities to search the
Constitutional Law
Can They Search My Computer Without A Warrant?
By Chuck Peterson on
Posted in Constitutional Law
This was the message on my phone today – "the cops are here, they think I have illegal pornography on my computer and want to search. Can they search it without a warrant? Should I talk to them?" And then the phone went dead. I suppose the caller had a little talk with the nice officers and they straightened it…
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Is The Exclusionary Rule At Risk – Maybe
By Chuck Peterson on
Posted in Constitutional Law
The testimony usually goes like this –
"Now officer, as you observed the defendant’s driving that night, did you see anything that caused you to believe he might be operating under the influence of some intoxicant?"
"I did. He was weaving all over the place, crossed the yellow line and the white lines, and almost hit another officer who happened…
So Let’s Say You Talked – What About That Confession?
By Chuck Peterson on
Posted in Constitutional Law
So the last time we talked I told you to keep silent, but what if you talked? What if you told the nice detective that you bought the drugs from your source in El Paso, who just happens to take delivery across the Rio Grande from "Phillipe" and his brother. Well my friend – you’ve got trouble. Trouble. With a capital…
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So You Want To Plead Guilty – Idaho Appellate Court Says Lawyer Must Consider Mental State
By Chuck Peterson on
I am not a psychologist – and I don’t play one on this blog, but the Idaho Court of Appeals has decided that criminal defense lawyers need to pay attention to their clients’ mental states at the time they enter a plea of guilty. In Ridgley vs State of Idaho, decided August 6, Judge Lansing held that the appellant’s…
Dear John – You Are Invited To Appear At A Grand Jury
By Chuck Peterson on
Posted in Constitutional Law
Someone asked me today what he should do about a letter he received "inviting" him to appear at a federal grand jury. To appear or not appear, that is the question. Not really! When a federal prosecutor has you in his or her sights, you may get a "target" letter, letting you know that your liberty is in the balance.
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Miranda Alive And Well In Idaho
By Chuck Peterson on
Posted in Constitutional Law, DUI
The Idaho Court of Appeals has ruled that a police officer must give Miranda warnings to the driver of a car after finding drugs in the car, when he has been sufficiently treated like he is in custody, and not simply the subject of a traffic stop. In State v. James, a divided Court held that the appellant was…
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