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Criminal Law Blog

When Are Police Allowed to Search You or Your Property?

Posted on February 1, 2017 by Law Office of Brett A Podolsky

When Are Police Allowed to Search You or Your Property? The Fourth Amendment of the Constitution protects all citizens against unlawful search and seizure. That protection allows Americans to go about their lives without the fear of unreasonable government intrusion. It is important to know when and where police searches are lawful in order for the checks and balances of society to remain in place. While police...

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The Police Can Search Your Car if Items are in Plain View

Posted on September 11, 2013 by Law Office of Brett A Podolsky

Before law enforcement officials can search your car, they must follow a specific protocol. This is done to ensure that the search is conducted according to state and federal laws. Not only is this protocol a safety precaution, it also ensures that any evidence collected by police will be admissible in court. In order to conduct a stop and search of a vehicle, police offers must first...

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Facts About the DWI Process

Posted on April 3, 2013 by Law Office of Brett A Podolsky

A DWI arrest can haunt an individual for years to come since the fines and repercussions last far longer than a jail sentence. It’s helpful to know a few things about DWI before, during and after the arrest in order to reduce the odds of being found guilty of one. Before the Arrest Drivers who register .08 or higher on a breathalyzer test are considered to be intoxicated...

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When Can Police Conduct a Search?

Posted on January 22, 2013 by Law Office of Brett A Podolsky

The Fourth Amendment to the Constitution prohibits the government from performing unreasonable searches and seizures of people and their property. Ultimately, this means that the government must have a valid explanation in order to inspect a citizen's belongings. If police officers have consent, they can legally conduct a search. A person may give authorities the permission, or consent, to search his home, vehicle or even himself. Police...

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What is Probable Cause?

Posted on January 1, 2013 by Law Office of Brett A Podolsky

In its most basic form, probable cause means that it is more probable than not that a particular circumstance occurred. For example, in order to arrest a person, the police must believe that it is more probable than not that the person committed a crime. Probable cause remains the initial standard of proof that applies for arrests, warrants, searches and seizures. The roots of probable cause come...

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