The Missouri and U.S. Constitutions require that a search warrant be reasonably particular as to the location of the place to be searched and a description of the items to be searched. Article I, Section 15 of the Missouri Constitution, for instance, provides — That the people shall be secure in their persons, papers, homes…
Legal Articles
Unreasonable Continued Seizure: Criminal Defense
A seizure occurs against a person when the government restrains the person. A seizure can also occur against a person’s property when there is some meaningful interference with an individual’s possessory interests in that property. Both the Missouri Constitution and Federal Constitution prohibit unreasonable seizures. See U.S. Const. amend. IV; Mo. Const.Art. I § 15….
Suspended Execution of Sentence ("SES") in Missouri
A suspended execution of sentence (“SES”) is essentially a conviction under Missouri Law — which often shows up on most background checks. With a SES, the defendant first pleads guilty to the underlying offense. This guilty plea is basically an admission of criminal conduct. The guilty plea, however, must be made knowingly and voluntarily. It…
Challenging Missouri Search and/or Seizure Warrant
Under Missouri law, an police officer may apply for a search warrant. Section 542-276, RSMo, sets forth the required elements for the application: (1) Be in writing; (2) State the time and date of the making of the application; (3) Identify the property, article, material, substance or person which is to be searched for and…
Probation Violation/Revocation Hearings
When you are placed on probation in Missouri, the Court — usually with the assistance of the prosecuting attorney — will craft terms of probation to which you are required to adhere. The terms of probation can vary: anything from court fines, court costs, or even the attendance of classes may be ordered. In Saint…
Theft, Stealing, Shoplifting
A long time ago the law used to distinguish between petty larceny, grand larceny, theft by false pretenses, larceny by trick, embezzlement, etc. While many of those distinctions are still present, many States, including Missouri, have merged “Stealing” into a single, umbrella offense to simplify the matter. Missouri Revised Statutes Section 570.030 is the codification…
Miranda Rights: Criminal Law
You have the right to remain silent… We all know what comes next because we’ve heard it countless times. Legally, the police have to read you these Miranda Rights/Warnings before conducting a custodial interrogation. First and foremost, the word “Miranda” is not a technical word of ancient origin. It is simply the name of the…
Civil & Criminal Conspiracy
Conspiracy is a term used most frequently in the context of criminal law. Criminal conspiracy is a so-called inchoate offense, or a crime of seeking/preparing to commit another crime. In almost all jurisdictions, criminal conspiracy consists of an (1) agreement to commit a crime by (2) two or more persons and (3) an over act…
Voluntary & Involuntary Manslaughter
As any good law student can tell you, to be convicted of a crime, the State needs to prove beyond a reasonable doubt that the defendant committed an actus reus (guilty act) with the requisite mens rea (guilty mind). In other words, the State needs to shows that the Defendant had a particular state of…
Posting Bail (Bond) After an Arrest
In a criminal case, soon after an arrest is effectuated against an accused, that individual will be subject to a decision of the Court as to whether the accused should be held on bond — and if so — the amount of the bond. Bail is simply the giving of property (i.e., money) to the…