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February 2019 Archives

Can police direct others to conduct a warrantless search?

In the previous two posts, we discussed the intricacies of the constitutional protections that are guaranteed by the warrant requirement. A signed search warrant is not necessarily a final legal decision. In fact, the adversarial process of trial may be a vital safeguard if your criminal defense attorney has the skills to fully review the history of the investigation to find flaws in police procedures.

Dismissal of Robbery in the First Degree

On February 8, 2019, Mr. Thayer obtained dismissal of a first-degree robbery case in the Clark County Superior Court. The case arose out of a road rage incident. Mr. Thayer's client grabbed the phone out of the alleged victim's hand and threw it on the ground, before leaving the scene. In order to prove a charge of robbery, the State is required to prove specific intent to steal, which is the equivalent of intent to deprive the victim of her property permanently. Mr. Thayer filed a motion to dismiss because the fact that his client left the phone at the scene proved that he did not have intent to permanently deprive. The court agreed, and granted the motion.

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