Recent Posts in Constitution Category

Criminalize DUI Test Refusal - US Supreme Court vs Kansas Supreme Court

A few years ago, the Kansas legislature made it a criminal act to refuse to take a chemical test during a DUI investigation. As a criminal defense attorney, I immediately thought it was an ...
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Old Law May Be Used to Help Past Convicts Get New Start

Picture this: An ex-offender is released from jail. While in jail, they receive rehabilitation and are ready to live as a law-abiding, working citizen. They start by looking for a job, only to be ...
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Detection Of Odor Of Marijuana Sometimes Not Even Possible

Over the years as a criminal defense attorney, I have often times heard a police officer testify to something like, “in my experience and training, I could smell the odor of marijuana.” ...
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Can You Say What You Want With Free Speech?

As both a parent of teenagers and as a criminal defense attorney, I sometimes make analogies in my discussions with my children. For example, if my daughter were to slap my son on the arm, I would ...
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SCOTUS Requires Warrant For Cell Phone Search

When a criminal suspect is arrested, officers often search and seize evidence and then justify it by stating it was incident to arrest. This actually oftentimes pasts muster in court. In other words, ...
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Selfie Leads to Arrest

While the 5 th Amendment protects you from incriminating yourself, some people just can't seem to help themselves. Recently, a woman posted an incriminating selfie of herself on Facebook, wearing ...
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Profanity Protected Speech

As a Kansas criminal defense attorney, I have had numerous cases where my client was being prosecuted for getting too rowdy or yelling profanity. They get charged with the ambiguous disorderly ...
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SCOTUS Weakens 4th Amendment Protection

The 4 th Amendment of the United States Constitution protects the people from unreasonable searches and seizures the government. While there have been many legal battles and arguments over what is ...
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Prosecutorial Misconduct Leads to Wrongful Conviction

At 17 years old, Ryan Ferguson was wrongly accused of murdering Keith Heitholt. Keith was a sports editor for the Columbia Daily Tribune, along with his friend Charles Erickson. Erickson insisted that ...
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Minority Report a Reality

In 2002, I watched an interesting movie entitled "Minority Report" starring tom cruise. It was about a specialized police task force, which was empowered to make arrests before they ...
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Trial Tax

Assistant District Attorneys, Federal Prosecutors, and City prosecutors are known for threatening harsher sentences if a plea is not entered. This doesn't happen all the time, but it is not ...
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COPSLIE Vanity Plate Not Allowed By State

A man from New Hampshire has taken his case all the way to the New Hampshire Supreme Court. In what he feels are his rights to free speech, he wants the state to issue him a vanity plate that reads: ...
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Police Motto to Become "Seize and Profit?"

As a Kansas criminal defense lawyer, my passion is to defend people against prosecutors accusations and charges. However, that representation sometimes crosses over from criminal law into civil law. ...
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Legal Colorado Weed Moving Illegally into Kansas

Legal Colorado Weed Moving Illegally into Kansas While other states are legalizing marijuana, it remain illegal in Kansas. However, large quantities of marijuana are making its way in and out of ...
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iPhone's new Fingerprint Scanner raises Legal Concerns

Apple recently announced that it is moving toward biometric security measures on its devices, for example, the fingerprint scanner (unlock) on new iPhone, and away from knowledge-based authentication, ...
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SWAT Team Used For City Ordinance Violations

A few weeks ago, Arlington, Texas local law enforcement cited a small organic farm for code violations such as, "grass that was too tall, bushes growing too close to the street, a couch and piano ...
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Our Government Knows Everything About You

Our powerful and snoopy government knows where you shop, knows what you like, knows what internet sites you surf, and anything else you leave a record of. Buy something with you credit? There's a ...
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US Government Spying On Us

Via CNET: Senior Obama administration officials have secretly authorized the interception of communications carried on portions of networks operated by AT&T and other Internet service providers, a ...
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Federal Prosecutors Stick Too Big

Our legislators have so empowered the prosecutors, that many defendants and suspects are too scared to take their cases to trial, even when they are innocent. This is because of the "trial ...
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When is it an Assault Weapon?

When is a something an assault weapon? Whether a certain gun is an assault weapon, depends on the person you ask. Technically, a popsicle stick could be an assault weapon if used in a violent manner. ...
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Employees Refusing Flu Shot Fired

A hospital in Indiana fired eight employees when they refused to take the flu shot. Due to the increased risks of influenza, the hospital began to require the vaccine for its employees, despite ...
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Encroachment Laws to Be Enforced in Olathe, Kansas

I have always thought it would be nice to live right next to city owned property. You would have the benefit of having extra property at your disposal right? Not exactly. Olathe is clarifying that ...
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In a Split Decision, the Kansas Supreme Court Upholds Cap Limits

Section 5 of the Kansas Constitution Bill of Rights could not be simpler or more plain: "The right to trial by jury shall be inviolate." This is clear and should be followed. The decision ...
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