Constitutional rights Archives

Business dispute in tiny Rosebud leads to arrest, free-speech issues, St. Louis Post Dispatch (Jul. 2026)

https://www.stltoday.com/news/local/column/tony-messenger/article_d4b3817d-b797-40d2-bbaf-4f94388b28e7.html?gift=1&gift_token=abc9a4bf-7343-480b-a310-82a82c0f4a3f
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Not all alleged confessions can be used in court

This post discusses so-called “confession” cases and the importance of the timing — when the Miranda rights were read to the defendant.
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You do not need anything from your house or car after arrest!!

This post discusses the consequences of asking a law enforcement officer to fetch your phone, coat, medication, etc., from your home or car if you are arrested.
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What I’ve told my driving-age children: “Never consent to car search. Never.”

This post is a narrative of what I’ve told my children to do if they are asked by law enforcement to consent to a search of the car they are driving (mine, theirs, a friends). “No.”
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Grand Jury Indictment Required?

This post addresses a great question from a client who asked, “”How was I charged with a felony without a grand jury indictment?”
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Evidence: Taser Logs

This post discusses the evidence that should be available when a law enforcement agency uses a taser against a suspect. This is part of the large series of “Evidence” posts.
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Giglio Info-SFCSD #1 [Redacted]

This post discusses a former law enforcement officer who is facing serious charges in St. Francois County. If he was involved in a defendant’s arrest (before May 2024), Giglio discovery is critical.
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Giglio Info-SFCSD #1 [Restricted Access]

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Evidence: Discovery of Giglio Material on LEOs

This post discusses a criminal defendant’s entitlement to what is called “Giglio material” named after a Supreme Court case; this material refers to any information that could impeach the character or testimony of a prosecution witness, including law enforcement officers. This is part of the large series of “Evidence” posts.
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“They didn’t read me my Miranda Rights!?”

This post discusses a common question I get from clients “they did not read me my Miranda rights… will my charges be dismissed because of they violated my constitutional rights?
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Stop the questioning

This post discusses the importance of stopping any interrogation or questioning by law enforcement and remaining silent and invoking your Miranda Rights.
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Public Defenders: Not on the Same Team as Prosecutor & Judge

This post addresses an issue that comes up sometimes-if my public defender is paid by the State (just like the Judge or Prosecutor or Law Enforcement) how can I be treated fairly?
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myMOpd

Tag: Constitutional rights