by sitewild | Mar 1, 2010 | Uncategorized
The second case review in a row that focuses on Miranda. It does tend to be a popular case. In this case, Mr. Powell was being charged with being a felon in possession of a firearm. He was arrested and questioned by the police. But before he was...
by sitewild | Mar 1, 2010 | Uncategorized
169A.46 AFFIRMATIVE DEFENSES. Subdivision 1.Impairment occurred after driving ceased. If proven by a preponderance of the evidence, it is an affirmative defense to a violation of section 169A.20, subdivision 1, clause (5); 1a, clause (5); 1b, clause (5); or 1c, clause...
by sitewild | Feb 28, 2010 | Uncategorized
Today in the world of case review we will look at Maryland v. Shatzer. Shatzer helps us distinguish and interpret two prior cases: Miranda and Edwards v. Arizona, 451 U.S. 477. Many of us are familiar with the Miranda rights. These rights are...
by sitewild | Feb 28, 2010 | Uncategorized
I believe I have mentioned Justin McShane before. A very interesting and knowledgeable PA DUI attorney. He just released another article about the presumption of innocence in DUI cases. To summarize, it appears that the innocence of the...
by sitewild | Feb 28, 2010 | Uncategorized
The 8th Circuit court (of which MN belongs) ruled the police had no probable cause to arrest the undead for disorderly conduct. These ‘zombies’ were dressed up to protest consumerism in Minneapolis during the 2006 Aquatennial. The fact that...
by sitewild | Feb 28, 2010 | Uncategorized
169A.41 PRELIMINARY SCREENING TEST. Subdivision 1.When authorized. When a peace officer has reason to believe from the manner in which a person is driving, operating, controlling, or acting upon departure from a motor vehicle, or has driven, operated, or controlled a...