Red Flag Gun Laws in the State of Missouri

By | 2019-01-02T22:04:39+00:00 January 2nd, 2019|Legal News|

Definition: The “Red flag gun law” is a gun violence law that permits police and family members to petition a state court to order the temporary removal of firearms of a person who may present a danger to others or themselves. Introduction In March 2018, Senate Bill 1101 was a proposed Missouri Red Flag Law that [...]

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A Growing Interest: Missouri Approves Medical Marijuana

By | 2018-12-21T17:49:39+00:00 November 28th, 2018|Legal News|

Missourians approved medical marijuana Amendment 2 by a 65 percent vote earlier this month, and we now look forward to many months of studies by the Missouri Department of Health and Senior Services and the rise of cannabis dispensaries to a total of 192 by the year 2020. In terms of recreational use, nine states [...]

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The Use of GPS Tracking

By | 2018-12-21T19:20:20+00:00 November 19th, 2018|Legal News|

The U.S. Supreme Court United States v. Jones [1], has concluded that the attachment of a Global Positioning System (GPS) tracking device to a suspect's vehicle, and subsequent use of that device to monitor that vehicle's movements on public streets, constitutes an unlawful search or seizure. Katz v. United States [2], the Fourth Amendment protects [...]

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An Exception to the Fourth Amendment

By | 2018-12-21T19:50:17+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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Lawful Search Case Commentary by Dee Wampler

By | 2018-12-21T20:02:08+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 [...]

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Whistleblower Protection Act

By | 2018-12-21T20:09:28+00:00 May 22nd, 2018|Legal News|

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 of special counsel on [...]

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Frequently Asked Questions

By | 2018-12-21T20:26:53+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 | 2018-12-21T20:15:15+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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Closing Criminal Records: Missouri’s New Expungement Law

By | 2019-01-04T18:47:57+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 [...]