By H. Michael Steinberg Colorado Criminal Defense Lawyer Introduction – Limits on the “Plain View Exception” to the 4th Amendment’s Requirement for a Search Warrant Both the Fourth Amendment of the United States Constitution and Article II, section 7 of the Colorado Constitution prohibit unreasonable searches and seizures. Any analysis…
By H. Michael Steinberg Colorado Criminal Defense Lawyer Introduction – the Issue – Search and Seizure of Your Car When You Are Arrested While I have written on this subject in the past, a recent Colorado case, People v Thomas, has brought the issue of the seizure, and inventory searches…
By H. Michael Steinberg Colorado Criminal Defense Lawyer Introduction – the Very Real Danger of Misidentification as a Result of One on One Show-ups at the Scene of a Colorado Criminal Investigation A “show-up” is a procedure used by the police where a lone potential suspect of a recently committed…
By H. Michael Steinberg Colorado Criminal Defense Lawyer Introduction – What Does It Mean to be Seized? The phrase “search and seizure” is very familiar to most Americans, but a clear understanding by most of us of the moment when one is constitutionally “seized” – is a different question and…
By H. Michael Steinberg Colorado Criminal Defense Lawyer Introduction – Basic Law -Your Right to Privacy – The Fourth Amendment To fully understand when and under circumstances law enforcement may search your cell phone, one must start with an understanding of your basic rights under the Fourth Amendment’s protection against…
By H. Michael Steinberg – Colorado Criminal Defense Lawyer Online Blog Colorado Criminal Law – Motion To Suppress Evidence – New 2015 Case Changes Burden of Proof – For over 30 years the burden of going forward in a Colorado criminal Motion to Suppress Evidence hearing was on the prosecution.…
Cell phones – 91% of us have them. Cell phones are a modern marvel defying most of us to com close to fully understand how they function. They are truly highly complex “mini computers” containing vast amounts of personal information that should remain private and well away from the eyes…
In 2013 the United States Supreme Court – in Salinas v. Texas – took a step back from the protections accorded by the Fifth Amendment’s Right To Remain Silent. The Facts of Salinas: Salinas – before being placed into custody – answered questions posed by a police officer…
By Colorado Criminal Defense Lawyer – Attorney – Colorado Miranda Rights Law – H. Michael Steinberg Colorado Miranda Rights Law is sometimes not only internally complex but is ever evolving for law enforcement since the original Miranda decision so many years ago. Understanding the application of the Miranda decision –…
By Denver, Colorado Criminal Defense Lawyer – H. Michael Steinberg Probable Cause Probable cause is the standard of proof necessary to support a search an arrest warrant and is the quantum of proof that is necessary to support a warrantless arrest. The United States and Colorado Constitutions prohibit the issuance…