An Exception to the Fourth Amendment

By | 2018-11-14T21:00:13+00:00 November 14th, 2018|Legal News|

The "community caretaking doctrine" is an exception to the constitutional warrant requirements which may be invoked to validate as reasonable a search of a car. The typical instance is when an abandoned, unlocked vehicle is sitting off the roadway, or sitting on a roadway or parking lot blocking traffic, or where the driver is slumped [...]

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This Lawful Pre-Pat Down Search May Have Saved Lives

By | 2018-11-14T18:48:17+00:00 November 14th, 2018|Legal News|

A lawful investigative detention was not an illegal arrest when an officer expressed his intention to search a detainees pocket and then tried to reach into it [1]. Police noticed the suspect at a university student cafeteria. He appeared unkempt, his eyes were bloodshot and smelled of alcohol. A records check indicated he was not [...]

Whistleblower Protection Act

By | 2018-05-22T19:20:01+00:00 May 22nd, 2018|Legal News|

By: Dee Wampler   The whistleblower protection act (1989) is a law that protects Federal government employees from retaliatory action for voluntary disclosing information about dishonest or illegal activities occurring at a government organization[1] Lawmakers have recognized the crucial service whistleblowers provide in holding organizations accountable for wrongdoing. You can report directly to the office [...]

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Your Fourth Amendment Right: Lawful Police Search of Vehicles

By | 2018-03-02T17:36:16+00:00 February 26th, 2018|Legal News|

There are many scenarios in which you may wonder whether or not a police officer may lawfully search your vehicle. The Fourth Amendment protects against unlawful search and seizure without a warrant or probable cause. There are some situations that allow police to search your car with no warrant or probable cause, without violating your [...]

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Cyber Stalking and Cyber Harassment Laws

By | 2018-01-22T18:17:01+00:00 January 22nd, 2018|Legal News|

The right to be left alone, the right to silence and to be free from harassment are “rights” often cited as essential to the First Amendment, but being put to real test in the communications age and the abusive potential of modern electronic communication. Free speech vs. anti-harassment laws are being considered by state and [...]

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Joseph Passanise and Scott Pierson Speak on New Expungement Law

By | 2018-01-17T19:06:46+00:00 January 17th, 2018|Firm News, Legal News|

SPRINGFIELD, MO: In December, Attorneys Joseph S. Passanise and Scott Pierson spoke at The Missouri Bar's DWI and Traffic Law Update: What Practitioners Need to Know to Protect Their Clients. Their presentation entitled, "SINS OF THE PAST CAN BE CLEANSED: 2018 Is a New Year for One’s Criminal Record", covered change in legislation that went into effect [...]

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Can police search a parked car?

By | 2017-11-29T15:28:51+00:00 November 29th, 2017|Legal News|

A recent court ruling held that police have probable cause to approach a parked car for violating a Milwaukee parking law and conduct a search [1]. A gun that was found in the car was admissible against the occupant who was charged with possession of a firearm by a felon. The court held the traffic violation [...]

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Closing Criminal Records: Missouri’s New Expungement Law

By | 2018-01-31T16:30:38+00:00 November 20th, 2017|Firm News, Legal News|

Starting January 1, 2018, many Missourians will become eligible for expungement of their criminal records. In 2016, Missouri Legislature signed new criminal record expungement rules into law. These rules allow for the expungement of most misdemeanors and many felonies, including drug offenses. In the past, only very few crimes were eligible for expungement. Expungement is [...]

Don’t Dance the Missouri Two-Step

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

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 [...]

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DWI Basics in Missouri

By | 2018-01-31T19:24:32+00:00 October 11th, 2017|Legal News|

SIR/MA’AM, HAVE YOU BEEN DRINKING? Missouri DWI- Legal Basics By Joseph Passanise & Scott Pierson (If you need assistance with a Missouri DWI, click here) Overview Environment / Presumptions / Myths Rules of the Road (Select statutes & case law) Three Parts to a DWI The Stop Probable Cause for Arrest Post [...]

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