The wait is over. Last Thursday, the United States Supreme Court finally decided Bernard v. Minnesota.[1] Justice Alito’s thirty-eight-page opinion for the majority can be summed up with the following: breath testing is less invasive than blood testing; therefore the states can criminalize refusing to submit to a breath test in a DWI case, but…
In State v. Schmidt, a police officer was patrolling the area of a known drug house. The officer noticed Schmidt’s vehicle parked at the house and knew Schmidt did not have a valid driver’s license. The officer waited for Schmidt to leave the house and initiated a traffic stop. The officer then peppered Schmidt with…
Every day law enforcement officers across the country are seeking search warrants. To do so, they often prepare a search warrant affidavit, or application, and provide it to a judicial officer for approval. The affidavit must establish probable cause that evidence of criminal activity will be found in the area to be searched or the…