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A person could face being charged with drug possession even if they were not physically in contact with an illicit substance. Prosecutors may do this by using a legal theory called constructive drug possession. Unlike actual drug possession, constructive drug...
One of the powers that law enforcement has is to conduct searches. This helps police officers gather evidence and prevent crime. Nonetheless, searches are subject to strict legal protocols that are outlined in the Fourth Amendment of the U.S. Constitution. Police...
As predicted, Californians voted by a large margin to approve Proposition 36 this month. The measure makes certain drug and retail theft crimes felonies rather than misdemeanors for those who have prior convictions. The measure also adds something called...
As long as the police follow the proper procedures, they are allowed to use sobriety checkpoints. These differ from regular traffic stops, where an officer needs a reason to pull a driver over and ask them to perform a field sobriety test or take a breath test. At a...
When you hear a knock on your door and see the police standing there, the stress can be immediate. You may feel intimidated and afraid – even if you have nothing to hide. Whether the authorities are investigating something serious or just making inquiries about...
More and more often, phones are a source of evidence in criminal cases. This is simply because many people use their smartphones exclusively to communicate. They send text messages, direct messages, social media messages and email messages. They can transfer data...
Questions are a common part of any traffic stop. Maybe you were just breaking the speed limit. The officer will probably ask you if you know how fast you were driving. In many cases, officers will just ask: “Do you know why I pulled you over today?” It could be any...
Courthouses and trials have a language all of their own. When you’ve been charged with a crime, however, you usually get a crash course in the terminology of the criminal justice system. One of the most common defenses raised in criminal trials is something that...
Moving to a new country brings with it a lot of challenges for the average immigrant, no matter what their legal status. One area that can be particularly confusing is understanding the regulations surrounding marijuana use, both for medical and recreational purposes....
One of the most repeated myths about drunk driving is that drivers should suck on pennies if they’re asked to take a breath test. This myth has been proven wrong many times, however, that doesn't stop many people from sucking on a penny in an attempt to avoid criminal...