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January 29, 2023
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Search and Seizures

Constitutional Law / Criminal / Rights / Search and Seizures

Search Warrant Exceptions: What To Know

January 30, 2018February 1, 2018 - by Tim Baldwin - Leave a Comment

In Montana and United States Constitutions, warrantless searches and seizures are per se invalid. However, there are several exceptions to this rule. The recognized exceptions to a warrantless search and …

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Criminal / DUI / Search and Seizures

Field Sobriety Exercises and the Fourth Amendment

January 29, 2018February 1, 2018 - by Tim Baldwin - Leave a Comment

For years, the Montana Supreme Court held that field sobriety exercises performed in a DUI investigation were not a “search” subject to protection under the Fourth Amendment, United States Constitution …

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Constitution / Constitutional Law / Criminal / DUI / Rights / Search and Seizures

Reasonable Cause to Investigate Crimes: Protect Yourself

January 29, 2018February 1, 2018 - by Tim Baldwin - Leave a Comment

by Tim Baldwin In state and federal jurisdictions, police cannot investigate supposed or perceived criminal activities without reasonable suspicion or cause. If police violate this rule of law and arrest …

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Constitution / Constitutional Law / Criminal / Rights / Search and Seizures

FBI and Oregon Police Killed a Political Dissident

January 29, 2018February 1, 2018 - by Tim Baldwin - Leave a Comment

As an introduction to my thoughts on Lavoy Finnicum’s killing in Burns, Oregon, consider my article published in the Flathead Beacon‘s Two For Thought weekly Opinion section: The FBI and Oregon police killed …

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Criminal / DUI / Search and Seizures

Informants Must Be Reliable To Be Used By Police

January 29, 2018February 1, 2018 - by Tim Baldwin - Leave a Comment

Much of police contact with the public is initiated by 911 calls. Dispatch will receive a complaint from the public; dispatch will relay the nature of the complaint to police; …

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Criminal / DUI / Search and Seizures

Know About DUIs

January 29, 2018February 1, 2018 - by Tim Baldwin - Leave a Comment

A DUI conviction can disrupt your life in more than one way, not the least of which is the stress is causes you and your family. Most people do not …

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Criminal / Search and Seizures

Know Your Rights

January 29, 2018February 1, 2018 - by Tim Baldwin - Leave a Comment

You should know your constitutional and statutory rights regarding government investigations and prosecutions against you. Many people waive rights that would have protected them in a criminal case had they …

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Constitutional Law / Criminal / Search and Seizures

GPS Tracking Requires Search Warrant

January 29, 2018February 1, 2018 - by Tim Baldwin - Leave a Comment

All criminal cases involve a search or seizure of property or person. Under the Fourth Amendment, United States Constitution, unreasonable searches and seizures are unlawful and evidence seized as a …

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Recent Posts

  • Kalispell City Attorney Attacks Public Defender Office
  • Civil Forfeitures in Montana
  • Search Warrant Exceptions: What To Know
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