Tag: warrant

Can I be FORCED to provide a breath sample to law enforcement if I am suspected of OWI?

Can I be FORCED to provide a breath sample to law enforcement if I am suspected of OWI? As criminal defense attorneys specializing in OWI defense, we often get questions about what to do if arrested for an OWI.  Many of the questions surround what to do if asked for a sample from your body: If I am suspected of OWI, can the cops require me to give them a breath test? What about a urine or blood test? Can’t I just refuse? I thought I could refuse a test and they just take my license for longer, right? Can […]

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Challenging Search Warrants Involving Marijuana Stems and Seeds

Trash rips.  The low-hanging fruit of narcotics investigations.  In terms of evidence gathering for the local drug task force, nothing beats the simplicity of stealing a homeowner’s curbside garbage bags at midnight and spending the rest of the shift rifling through the contents. The goal?  Like any prospector with a newly staked claim, the officers are mining for search warrant gold, often in the form of leftover marijuana stems and seeds. If they hit pay dirt, their lucky strike, coupled with a few other allegations in a search warrant affidavit, will often result in written authorization to fully search the […]

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