No Automatic Dismissal For Federal Speedy Trial Violation For 19-Month Delay In Misdemeanor DUI

What is a Speedy Trial? Keith Laroy Dews was arrested for DUI on January 29, 2011. Mr. Dews appeared in court on February 14, 2011. His case was “discharged by the district attorney pending further investigation.” After receiving a blood-alcohol-analysis report, the DA filed charges against Mr. ...
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If Cops Have Probable Cause Car Contains Unlawful Amount of Marijuana, Cops Can Search Car Without Warrant

The automobile exception to the warrant requirement authorized a police officer to search a backpack, left in a friend’s car because the officer had probable cause to believe the car contained an unlawful amount of marijuana. Because the officer had probable cause to search the car for an unla...
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Smell of Marijuana and Marijuana in Car Not Probable Cause To Search Car

Is the smell of marijuana and a driver telling the police officer that he has marijuana in the car enough to justify the search of the car? Officer Jones was on “specialized DUI patrol.”  She testified at the hearing to suppress the evidence that she saw Mr. Shumake driving with no front licens...
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