Stop and Frisk
The guiding principle of the 4th Amendment is that people are to be free of unreasonable searches, which in many instances means police must obtain a lawful warrant before conducting a search. One of the many exceptions that permit warrantless searches was established in a 1968 US Supreme Court case, Terry vs. Ohio. The […]
Implied Consent and Refusal
Under VC 23612, a person who drives a motor vehicle in California is deemed to have given his or her consent to chemical testing of his or her blood or breath for the purpose of determining the alcoholic content of his or her blood if lawfully arrested for suspicion of DUI. The practical effect of […]
The Exclusionary Rule: Deterring Police Misconduct?
For over 100 years the 4th Amendment has been interpreted by the Supreme Court to mean that evidence gathered by law enforcement agents in an unlawful manner is subject to exclusion. This may mean your Los Angeles criminal attorney can have the evidence excluded via a pre-trial motion, or if the tainted evidence is used […]
DUI and Double Jeopardy
If you have been arrested on suspicion of DUI, you soon become aware of two issues. One, you are charged with violating both VC 23152(a) and VC 23152(b). Second, two separate proceedings are initiated against you; one by the DMV and one by the criminal justice system. A logical question to be asked: does either […]
DMV Point System
The California Department of Motor Vehicles has the power to suspend your driver’s license as a negligent driver if you acquire too many points on your driving record according to the following schedule: Four points in one year Six points in two years Eight points in three years Clearly, if you receive an […]