Can a Defendant be Convicted of Improperly Discharging Firearm At or Into a Habitation if He Fired the Shotgun from Inside the Apartment?
Analyzing the plain language of the statute, Mr. Ramos did not fire the shot “a [...]
What is Considered Plain View for Display of a License Plate?
[A]ctually being able to read the letters and numbers’ on the temporary license [...]
Is Fear a Required Legal Element to Sustain a Criminal Charge of Aggravated Menacing?
Although the evidence tends to show that the victims did not “fear” Mr. Kelley, [...]
Defendant Argued he was ‘Shocked’ Into Consent when Asked if he was Carrying Contraband When he was Carrying Contraband. Can a Suspect be ‘Shocked’ Into a Consent to Search?
The brief detention beyond the scope of issuing the written warning was well ju [...]
Should a Pretextual Stop Without Issuing a Traffic Citation Lead to the Suppression of Zachary’s Methamphetamine?
The failure to issue a traffic citation when there is an indication of a potent [...]
How Did an Officer’s Imperfection and a Canine’s Perfection Justify Delaying a Traffic Stop for Officer Safety?
So the Court finds that this stop was not prolonged at all in order to wait for [...]
Can a Former Homeowner be Convicted of Burglary for Breaking into a Home Hours After the Transfer of Sale?
Given that the Thomases were going to the residence daily and beginning to move [...]
Does Information from a Confidential Reliable Informant Confirmed by Ankle Monitor Tracking Establish Probable Cause?
Given the totality of circumstances that includes the corroboration of the CI’s [...]
Can Law Enforcement Make a Custodial Arrest for Aggravated Menacing if the Officer Did Not Witness the Threat?
In this case, officers had Mr. Corkan’s report and statement that Mr. Pate thre [...]
Should a Suspect be Mirandized both Before AND After a Polygraph?
Having considered the totality of the circumstances in the present case, we con [...]