Headlines and tweets coming out of Washington have put a spotlight on law enforcement’s use of informants, now known in federal parlance as “confidential human sources” or CHS. Putting aside the political theater and self-serving spin of the “criminal deep state” and the planting of spies, how are informants used in every day investigations? Using…
Continue reading ›Articles Posted in Criminal Investigation
While most people consider themselves unlikely to become the subject of a police investigation, there is one common situation in which ordinary citizens fall under police scrutiny: the traffic stop. Police officers are trained to search for evidence of illegal activity every time they pull over a driver, whatever the reason for the stop. While…
Continue reading ›President Trump tweeted that Michael Cohen, his former lawyer and “fixer”, won’t flip on him. Putting aside for the moment why the President would say this if Cohen didn’t have incriminating evidence against him – because one could only “flip” on someone if they did – let’s examine why people charged with crimes cooperate with…
Continue reading ›While most people would say that you should retain a criminal defense lawyer once you are charged with a state or federal crime, the answer is not that straightforward. In many instances, an individual or company will learn that there is an active, pending investigation into their activities. They might be contacted by law enforcement…
Continue reading ›I have written before about both the good advances in technology, and the negative consequences of some of those developments. Here are a few more methods high tech methods that law enforcement uses, and occasionally misuses, in its investigations. Stingrays A Stingray is a brand of international mobile subscriber identity (IMSI) catcher, also known as…
Continue reading ›Much has been written and tweeted about this past week concerning this topic. Politics aside for the moment, what does the government need to demonstrate to a court that a place should be searched, or a person’s phone calls should be intercepted? To search someone’s home or office, the government must show that there is…
Continue reading ›Facing serious criminal charges, or being told that you are a subject or target of a criminal investigation, can be extremely stressful and unnerving. It is common to feel overwhelmed and uncertain what to ask in your consultation with a criminal defense attorney. Below are some of the major questions a prospective client should ask…
Continue reading ›I’ve posted before about the line of case following United States v. Trujllo-Alvarez, 900 F. Supp. 2d 1167 (D.Or. 2012), which held that ICE could not detain and attempt to remove a non-citizen defendant charged with the federal crime of illegal re-entry, once the defendant has been released under the Bail Reform Act. Trujillo and…
Continue reading ›The police stop you for an alleged driving infraction – speeding, failure to stay in lane, tinted windows – and while talking with you the officer smells the odor of marijuana. The officer asks you to step out of the car, searches the car and finds drugs. You contact a criminal defense attorney to defend…
Continue reading ›Press reports of late have revealed that former Army Lieutenant-General and National Security Advisor Michael Flynn and former Trump Foreign Policy Advisor George Papadopoulos pled guilty to making false statements to government agents. Federal statute, 18 U.S.C. § 1001, prohibits a person “in any matter within the jurisdiction of the executive, legislative, or judicial branch”…
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