Search of Containers in Motor Vehicles

By |September 15th, 2017|

Once a vehicle is legally stopped and the driver or occupant is lawfully arrested, police may routinely search containers within the passenger compartment.

The U.S. Supreme Court in New York vs. Belton, 453 U.S. 454 (1981), established a bright line rule permitting officers to search, without a warrant or probable cause, the passenger compartment contemporaneously with […]

Broken Windows Theory

By |September 11th, 2017|

The “ Broken Windows Theory ” is a theory regarding the effect of urban disorder and vandalism, as an effect upon anti-social behavior.  The theory states that preventing small crimes such as vandalism, public drinking, burglary helps to create an atmosphere of order and lawfulness, thereby preventing more serious crimes from happening.

Consider a building with […]

The End of Field Sobriety Tests in DWI Investigations

By |September 6th, 2017|

By Scott Pierson
In Greene County, Missouri the rules regarding Standardized Field Sobriety tests are changing. Back in late 2015, Greene County Sheriff’s Office and Highway Patrol in Greene County switched away from performing field sobriety tests to no field testing. So what does this mean for the average driver? Simply put, it’s more likely you’ll […]

Joseph Passanise Receives “Best Lawyers in America” and “Lawyer of the Year” Recognition

By |August 28th, 2017|

SPRINGFIELD, MO: Joseph Passanise has once again been recognized as one of the” Best Lawyers in America” for Criminal Defense: General Practice and White-Collar as well as DUI/DWI Defense in the 24th addition of The Best Lawyers in America. In addition, Mr. Passanise was named the 2018, MO Criminal Defense: White Collar “Lawyer of the Year.” This […]

Weaponized Police Drones Are Coming

By |August 16th, 2017|

Weaponized Police Drones Are Coming
By Dee Wampler
Small and unmanned aerial drones are being used by police and firefighters as a useful new tool with at least 347 agencies in 43 states now flying them. Drone deployment is an emerging technology, unheard of 10 years ago, and more and more police agencies are using the “flying […]

Is Miranda Required in Traffic Stops?

By |August 9th, 2017|

Is Miranda Required in Traffic Stops?
By Dee Wampler
Miranda v. Arizona warnings are not necessary during questioning pursuant to a routine traffic stop and statements made during a non-custodial traffic stop are admissible into evidence.

Roadside detentions may only last for a time necessary to conduct a reasonable investigation which includes “asking for the driver’s license, […]

Skirmish Lines Are Legal

By |July 26th, 2017|

Skirmish Lines Are Legal
By Dee Wampler
In Fort Worth, Texas (2012) police were protecting a gay pride parade and a protester disobeyed a police officer’s order to not cross a “skirmish line.”  The culprit was charged with interference with public duties under Texas law.  The defendant claimed it was a violation of his First Amendment right […]

No Doxing, Ghosting or Brandjacking

By |July 12th, 2017|

No Doxing, Ghosting or Brandjacking
By Dee Wampler
Missouri Law prohibits publicly posting or publicly displaying in any manner an individual’s social security number, or to publicly post or display or make available to the general public persons social security number which should be otherwise secure and encrypted. And no state agency may  publicly disclose any social […]

Fresh Pursuit

By |June 28th, 2017|

Fresh Pursuit
By:  Dee Wampler
Police may make an arrest outside their territory if invited by the sheriff of an adjoining county.  Officers in “fresh pursuit” may make an arrest outside the jurisdiction as long the pursuit begins inside his jurisdiction.
An officer who follows another vehicle without activation of siren or emergency lights would not be in fresh […]

Lawsuits Against Police

By |June 14th, 2017|

Lawsuits Against Police
By Dee Wampler
In a landmark U.S. Supreme Court case Graham vs. Connor the US Supreme Court considered a civil rights lawsuit under 42 USC Sec. 1983 (a 1983 lawsuit) where plaintiffs claimed that a police officer used excessive force in making a stop in violation of their secured to him under the Fourteenth Amendment.  […]