No probable cause for a traffic stop. Search without consent You’re standing on the side of the road, blinded by flashing police lights, with a police officer requesting consent to search your vehicle. Do you mumble a response or clearly answer? Responding with some mumbo-jumbo, a question, or something other than consent is not consent …
10 easy ways to avoid getting pulled over
What Not to Do to Avoid Getting Detained August is here! As summer winds down and a new school year begins, police will continue to be out in full force. We all know things go down hill quickly after getting pulled over—a cop thinks they smell weed or alcohol and/or sees a gun, and before …
New Apple iOS feature can block government phone dumps (if it works)
Good news for Apple device owners! A new feature blocks the USB accessories from connecting to the phone after it has been locked for an hour. It is common for law enforcement to take a person’s cell phone and perform a phone dump. A phone dump is when all of the call logs, messages, photos, …
Cops must have a warrant to access cellular location information
Today, the Supreme Court released the opinion in Carpenter v. United States. The Court held the Government’s acquisition of Carpenter’s cell-site records was a Fourth Amendment search. The Court found Carpenter had a reasonable expectation of privacy in his location information, even though it was shared with his wireless carriers. What does this mean for …
DWI 2nd, Evidence of One Prior Conviction is not Admissible During Guilt Innocence
On May 23, 2018, the Texas Court of Criminal Appeals reversed the 14th Court of Appeals in Houston, and held that evidence of a single prior DWI conviction must be delayed until the punishment stage of trial if a person is found guilty. A DWI second is a misdemeanor offense and any evidence of a …
Supreme Court Lifts Ban on Sports Betting
The Supreme Court, in a 6-3 decision, has struck down the law banning commercial sports betting. This allows each State to decide if they will allow commercial sports betting. This is a step in the right direction to allow bookmaking in Texas, hopefully the legislature will move quickly. The gambling business in Houston is booming. …
New lower blood alcohol law in Utah
Is 0.05 the new 0.08 for blood-alcohol levels?? Utah state lawmakers voted to lower the legal limit for a driver’s blood-alcohol concentration from 0.08 to 0.05. If the Governor signs the bill, it would go into effect December 30, 2018. Depending on a person’s size, drinking as little as one drink could send someone to jail. …
New law allows removing a DWI from your record
The Governor of Texas has signed a new bill making some people convicted of DWI eligible for a petition for nondisclosure, or more commonly known as getting charges sealed from criminal record. In the past, a DWI could never be removed from your record, on September 1, 2017 this will change (and it applies to …
Texas cybercrime bill headed to the Governor’s desk
A new bill headed to the Texas Governor’s desk criminalizes certain cybercrimes such as electronic access interference and electronic data tampering, which includes crimes such as ransomware or malware attacks and unlawful decryption. Texas House Bill 9, referred to as the Texas Cybercrime Act, is the state’s version of the Computer Fraud and Abuse Act …
DWI laws, they are a changin’
Utah lawmakers voted to lower the legal limit for a driver’s blood-alcohol concentration from 0.08 to 0.05. If the Governor signs the bill, it would go into effect December 30, 2018. Compared to Texas, this is significantly different. In Texas a person can be convicted of DWI if they have lost the normal use of their …
Legislative Mistake Reduces Penalties for Some Drug Offenses
The Texas legislature amended Health & Safety Code §481.103 with the intention of outlawing more synthetic drugs. In an attempt to sell a legal product, individuals have been producing synthetic drugs that have slightly different chemical structures than naturally occurring substances that are already outlawed. These new drugs have a similar effect on the body and …
The CSI Effect and DUI Trial Reality
TV and Hollywood have an amazing ability to create dramatically fantastical worlds, from what is otherwise a far more mundane side of life, and the process of criminal investigation by law enforcement on TV is one of these categories. Thanks to the success of series shows like C.S.I., the general public now has a collective …
First DWI Offense: What You Need to Know
If you’re like most people, when you realize you’ve received a DWI you’re hungover and feel like dirt. Knowing you tried to drive last night doesn’t make you feel any better. The fact that you feel such remorse shows you aren’t a bad person, but just someone who made a mistake. It’s different for someone …
Motorist Arrested in Grand Prairie After Fatally Running Over Man
Police say a man has been arrested in connection with the Monday manslaughter death of a sleeping man in Grand Prairie. Police were called to the 4500 block of Rosedale Drive around 10:30 p.m. to respond to an argument between possibly intoxicated men. However, when police arrived, Martinon began trying to elude officers in his …
Getting Arrested for Marijuana in Light of Increasing Legalization
Marijuana is increasingly becoming legal for both medical and recreational use in many states throughout the country. It is, however, still illegal in most states, depending on how it is being used. This discrepancy in laws can complicate matters when an individual is arrested for marijuana use or possession. The following information discusses the recent …
Thanks to Uber, Fewer DWIs in Houston
There have been many concerns about the famed rideshare company, Uber. From complaints that Uber is taking over taxi drivers’ jobs to wonders about how the company will insure drivers and passengers to allegations of sexual assault, there are few complaints that Uber hasn’t heard. But amidst all of the hubbub, there’s one clear benefit …