By Webb Law Firm, With Law Offices Near Me in Portland Maine and Saco ME No other nation besides the United States has the Fourth Amendment protections that require a police officer to have information of a crime having been committed before “seizing” a person. When a driver is on…
A decade ago I commented that roadblocks are a very poor way to catch DUI drivers. Police can stop a thousand citizens at a roadblock near me without catching a single impaired driver. This wastes taxpayer money, and is an infringement on our rights as citizens. Proof of that comes from…
Do Police Have to Read You Your Rights? Police have an obligation to read you your Miranda warnings before conducting a custodial interrogation. An interrogation means that the questions are designed to elicit an incriminating response. Meaning, routine questions such as what your name is, your address, and your date…
This week the Supreme Court, in United States v. Jones, ___ US ___ (2012), decided that placing a GPS on a person’s car and tracking to movements is a search that requires a warrant. This is an important decision for several reasons. First, changes in modern technology make it easier…
We had a rare win in a DUI case from the United States Supreme Court. Last week the Court decided that the Confrontation Clause of the Constitution really means what it says – that a witness against a criminal defendant must testify in open court and look the defendant in…
New Year’s Eve is in two days. The radio and papers are full of stories of DUI checkpoints. If that doesn’t make you mad, you don’t understand DUI checkpoints. DUI checkpoints do not make us safer. Nationally, out of 1000 drivers stopped, only three are arrested for DUI. Police officers…
The second big change in Maine DUI laws was changing when an OUI becomes a felony. It used to be that a fourth DUI in ten years was a felony. Now a third offense in ten years is a felony. The maximum penalty jumps from 364 days in jail and…