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 [...]

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 [...]

Closing Criminal Records: Missouri’s New Expungement Law

By | 2017-11-27T16:16:42+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 [...]

DWI Basics in Missouri

By | 2017-11-27T16:17:19+00:00 October 11th, 2017|Legal News|

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 [...]

Parents Eavesdropping on Children’s Conversations

By | 2017-11-27T16:17:28+00:00 October 6th, 2017|Legal News|

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 [...]

What is Cellebrite and what are burner phones?

By | 2017-11-27T16:17:39+00:00 September 29th, 2017|Legal News|

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 [...]

Search of Containers in Motor Vehicles

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

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 [...]

Broken Windows Theory

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

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 [...]

The End of Field Sobriety Tests in DWI Investigations

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

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 [...]