Don’t Dance the Missouri Two-Step

Some Missouri police officers conduct an interrogation without Miranda warnings.  They secure a confession and then give the Miranda warnings thereafter and obtain a second confession.  The U.S. Supreme Court has struck down this practice calling it the “Missouri Two-Step.” The second confession, obtained after warnings are given, is inadmissible.[1] It is remotely possible, if [...]

By | 2017-11-08T16:34:25+00:00 November 8th, 2017|Legal News|0 Comments

DWI Basics in Missouri

SIR/MA’AM, HAVE YOU BEEN DRINKING? Missouri DWI- Legal Basics By Joseph Passanise & Scott Pierson Overview Environment / Presumptions / Myths Rules of the Road (Select statutes & case law) Three Parts to a DWI The Stop Probable Cause for Arrest Post Arrest (To Blow or Not to Blow) Pre-Arrest / Post Arrest [...]

By | 2017-11-05T19:00:23+00:00 October 11th, 2017|Uncategorized|0 Comments

Parents Eavesdropping on Children’s Conversations

A recent court decision ruled that parents may use electronic devices to listen in on telephone conversations when their minor children -- so long as the parents believe the eavesdropping will be in the child's best interest. (1) Most states recognize so-called "vicarious consent" exception to the 1-party consent wiretapping law which bans outsiders from [...]

By | 2017-10-06T15:13:49+00:00 October 6th, 2017|Uncategorized|0 Comments

What is Cellebrite and what are burner phones?

This Cellebrite Mobile Company is a device for data extraction, transfer and analysis devices for cellular phones and mobile devices.[1]  Cellebrite Mobile forensics was established (2007) to produce software for mobile forensic purposes used by federal, state and local law enforcement. Cellebrite offered to unlock an iPhone involved in the FBI-Apple encryption dispute concerning the [...]

By | 2017-11-05T19:00:23+00:00 September 29th, 2017|Uncategorized|0 Comments

Search of Containers in Motor Vehicles

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 [...]

By | 2017-11-05T19:00:23+00:00 September 15th, 2017|Legal News|0 Comments

Broken Windows Theory

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 [...]

By | 2017-11-05T19:00:23+00:00 September 11th, 2017|Legal News|0 Comments

The End of Field Sobriety Tests in DWI Investigations

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 [...]

By | 2017-11-05T19:00:23+00:00 September 6th, 2017|Legal News|0 Comments

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

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 [...]

By | 2017-11-05T19:00:23+00:00 August 28th, 2017|Firm News, Legal News|0 Comments

Weaponized Police Drones Are Coming

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 [...]

By | 2017-11-05T19:00:24+00:00 August 16th, 2017|Legal News|0 Comments

Is Miranda Required in Traffic Stops?

Is Miranda Required in Traffic Stops? By Dee Wampler Miranda v. Arizona warnings are not necessary during questioning pursuant to a routine traffic stop[1] and statements made during a non-custodial traffic stop are admissible into evidence. [2] Roadside detentions may only last for a time necessary to conduct a reasonable investigation which includes “asking for [...]

By | 2017-05-15T15:32:22+00:00 August 9th, 2017|Legal News|0 Comments