Arenstein & Gallagher Criminal Defense Attorneys
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September 2014 Archives

You Have To Know Your Rights When Speaking With The Police

24 states now have laws requiring you to identify yourself when asked by an Officer. This has been well publicized. What is not well publicized is the fact the police must have a reasonable suspeciion you are committing or have committed a crime. If not, you are free to move about anonymously. That is still your right. Police seem to forfet this when demanding identification from people they encounter.

Court Rules DNA Left At Scene Can Be Collected Without A Warrant

When Glann Raynor was asked to voluntarily provide a DNA sample by police investigating a sexual assault case, he politely declined. Police noticed he had been touching a chair and later called a technician to swab the chair and collect any DNA capable of being tested. They did so without a warrant. Maryland's divided Supreme Court found this was reasonable and did not violate Raynor's expectation of privacy. In a scene taken from Ethan Hawke's film "Gatica" police were able to solve a crime by simply collecting available DNA cells shed by the donor. Does this open up new area for police to investigate? Will we see police simply swab or vacuum a crime scene to learn who might have been present? 

How Do You Get Your Life Back If You Are Innocent?

Two men spent over 30 years in prison for a Rape and Murder they did not commit. Overzealous police, a blood thirsty prosecutor and a community willing to overlook obvious flaws in a case agasint two black men lead to disaster. Even equipped defense attorneys may not prevent such injustices. This is just one of the reason we cannot continue to support the death penalty in this country. Prosecutors, Judges and Politicians run on "get tough" campaigns and point to our need to kill in order to claim we are safe.

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