Blogs from June, 2020

There are two main legal concepts that the police apply in a criminal investigation to determine whether to detain someone, search and seize evidence, or arrest someone: reasonable suspicion and probable cause. While these concepts are used interchangeable, different circumstances must be met in order to establish each one.

Reasonable Suspicion

Law enforcement officials must first establish reasonable suspicion to conduct an “investigatory” stop. An investigatory stop includes a traffic stop on the road, stopping a person while walking, and frisking or patting someone down for weapons.

In order to make such a stop, there must be certain circumstances or facts evident that a crime is being committed, has been committed, or will be committed. For example, if an officer on the highway witnesses another driver speeding, driving without headlights on at night, or swerving from one lane to another without signally, the officer has reasonable suspicion that the driver is driving while intoxicated (based on the officer’s training and experience).

Probable Cause

During an investigatory stop, the police must then establish probable cause to make an arrest, obtain a warrant, or search and seize evidence from the scene of the alleged crime. The main difference between reasonable suspicion and probable cause is that the standard for probable cause is met if any reasonable person might believe someone is engaged in criminal activity, while the standard for reasonable suspicion is met if any reasonable officer might suspect criminal activity.

Going back to the example above, if an officer notices that the driver smells like alcohol, has bloodshot eyes, or has difficulty moving or responding to questions, then the officer has a probable cause because any reasonable person would believe the driver is under the influence and make a DUI arrest.

Without establishing these two legal concepts, any evidence gathered at the scene is inadmissible at trial, which will likely result in the dismissal of the entire case.

If you or a loved one has been arrested in Reno, contact the Law Offices of Kenneth A. Stover today and request a free initial consultation. Let a former prosecutor with nearly two decades of experience protect your rights and freedom.

One of the most common crimes committed in Reno and throughout Nevada is drug possession. A conviction for drug possession can result in serious criminal penalties, no matter the amount a person allegedly has in their possession.

If you or a loved one has been arrested for drug possession, with the help of an experienced criminal defense lawyer, there may be several legal defenses available that may apply to your case and help you avoid conviction. A lawyer can thoroughly review your case and determine which legal defenses can help you obtain the best possible outcome in your case.

Here are the most common defenses to drug possession charges:

1. You did not know about the drugs in your possession – This type of legal defense is known as “unwitting possession,” which means not being aware of possessing drugs. For example, if you borrow your friend’s car and the police find drugs in the vehicle after pulling you over, then you cannot be held accountable for actual drug possession because you had no idea there were drugs inside the car.

2. The drugs do not belong to you – This defense is often used when a group several people are involved in alleged drug possession. For instance, if law enforcement officials pull pulls a car over with four people inside, it would prove difficult to accuse just one individual of drug possession.

3. The drugs are not what they appear to be – A Ziplock bag of flour or spices could be confused as illegal substances. Your attorney can challenge any lab reports confirming the alleged substance is a narcotic by obtaining results from an independent and reputable testing facility.

4. The police abused their power – Every U.S. citizen is protected by the Fourth Amendment right against unlawful search and seizure. The police must first obtain a warrant or probable cause to make a lawful arrest. Failure to do so means any evidence collected during the investigation is inadmissible in the courtroom. In addition, entrapment is another example of abuse of power by law enforcement officials. Entrapment means inducing someone to purchase or possess drugs when they would not normally do so. Lastly, it is not uncommon for police officers to plant drugs at the scene in order to arrest someone of a drug crime.

If you or a loved one has been charged with drug possession in Reno, contact the Law Offices of Kenneth A. Stover today and request a free initial consultation. Let a former prosecutor with nearly two decades of experience protect your rights and freedom.