How the Government can Legally Steal your Property
Did you know that the State of Nevada can legally take your property (i.e., cash, cars, houses) without even charging you with a crime? The process is called “civil forfeiture” and many other States are now either reconsidering their laws on the issue, like New York (http://www.theatlantic.com/technology/archive/2016/08/how-police-use-a-legal-gray-area-to-rob-suspects-of-their-belongings/495740/), or completely abolishing it, like New…
Does a Juvenile have a Right to have a Parent Present during Police Questioning?
Many people think that a juvenile (i.e., a person under 18), must have a parent present before the police can ask the child questions about a crime. This is simply not true. In Nevada, the police can actually question any child (whether 17-years-old or 10-years-old) without telling his parents first,…
If Arrested, Please STFU!
Most people know that they have the very important right to remain silent when questioned by the police. However, just as important is the right to not talk to ANYONE about your case, especially if you are in custody in jail. The government will listen to all your conversations, including…
U.S. Supreme Court Hears Argument in Important DUI Case that Could have Impact in Nevada
Last week, the U.S. Supreme Court heard oral arguments in the case Birchfield v. North Dakota. The case is about laws in 13 states that make it a crime for drivers to refuse breath or blood tests without a warrant when ordered to undergo such tests by a police officer. The…
Your cell phone can and will be used against you in a court of law.
In general, the police need a warrant to search your house, person, papers, etc. However, there are exceptions to this Fourth Amendment rule. Last week, the Nevada Supreme Court held in Taylor v. State, 132 Nev. Adv. Op. No. 27 (April 21, 2016), that the police do not need a warrant…