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 [...]

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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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 [...]

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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 [...]

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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 [...]

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

By | 2018-01-31T21:28:08+00:00 August 28th, 2017|Firm News, Legal News|

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 [...]

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Weaponized Police Drones Are Coming

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

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 [...]

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Is Miranda Required in Traffic Stops?

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

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 [...]

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Skirmish Lines Are Legal

By | 2017-12-19T15:34:04+00:00 July 26th, 2017|Legal News|

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 to peaceably [...]

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