Frequently Asked Questions About Police Interrogations

Frequently Asked Questions About Police Interrogations Do I have to answer questions if the police stop me while I am walking on the street? The police can stop a person when they have good faith belief that the person was involved in a crime – this is often referred to as a “Terry Stop.”  However, under the Fifth Amendment right against self-incrimination, a person does not have to answer any questions.  In fact, a person should not answer any questions during a “Terry Stop.”  The law only requires a person to give his name, date of birth, address and [...]

Resisting an Officer — Louisiana

RESISTING AN OFFICER NEW ORLEANS Resisting an officer is the intentional interference with or opposition to an individual acting in his official capacity to make an arrest or seize property or to serve any court order when the offender knows or has reason to know that the person is acting in his official capacity.   The statute is located at La. RS 14:108.  This offense is a misdemeanor. The penalty for this offense is a fine of not more than $500.00 or be imprisoned for not more than 6 months, or both.   Seek Help From An Attorney If [...]

Are You the Cable Guy or the FBI?

  Are you the cable guy or the FBI?     There is an interesting case before a U.S. Federal District Court in the Las Vegas area. The issue for the judge to decide is whether FBI agents can disconnect a utility service to an abode and then, disguise themselves as repairmen in order to gain entry and covertly search the premises in hopes of finding evidence that might justify the issuance of a search warrant. The defendants in this case are a group of Chinese high rollers who are accused of running an illegal gambling operation from their Las [...]

Facts, Lies and Videotaped Interrogations

  FACTS, LIES and VIDEOTAPED INTERROGATIONS The Justice Department recently said that the F.B.I. and other federal law enforcement agencies are encouraged to videotape interviews with suspects in most instances. This new policy does not apply in cases where agents need urgent national security-related information that could expose sources or methods or where the interviewed subject request to not be videoed.  This is one of the most significant changes in F.B.I. policy under James B. Comey, who took charge as the bureau’s director in September. Mr. Comey’s predecessor, Robert S. Mueller III, and senior bureau officials had once opposed the video [...]

United States Supreme Court Cases To Follow This Week — Criminal Defense Attorney New Orleans

By: Elizabeth B Carpenter New Orleans Criminal Defense Attorney   Elizabeth B. Carpenter, Esq. -- New Orleans Premiere Criminal Defense Attorney   Serving Clients in Orleans Parish, St. Tammany Parish, St. John Parish, St. James Parish, St. Bernard Parish, St. Charles Parish, Assumption Parish, Tangipahoa Parish, Terrebonne Parish, Plaquemines Parish and Jefferson Parish.   The following cases are being argued before the U.S. Supreme Court this week:   BAILEY V. UNITED STATES Can police officers may detain an individual incident to the execution of a search warrant when the individual has left the immediate vicinity of the premises before the warrant is [...]

Battery of a Police Officer — Attorney New Orleans

Battery of a Police Officer -- La RS 14:34.2  Battery of a police officer is a battery committed without the consent of the victim when the offender has reasonable grounds to believe the victim is a police officer acting in the performance of his duty. For purposes of this Section, "police officer" shall include commissioned police officers, sheriffs, deputy sheriffs, marshals, deputy marshals, correctional officers, constables, wildlife enforcement agents, state park wardens, and probation and parole officers. For purposes of this Section, "battery of a police officer" includes the use of force or violence upon the person of the police [...]

Can the Police Search My Car?

Drug Possession Distribution Attorney Louisiana Elizabeth B. Carpenter, Esq. -- New Orleans Criminal Defense Attorney       The Fourth Amendment of the U.S. Constitution protects citizens against unreasonable searches. The amendment applies to government agents, like police officers. It does not apply to searches by private individuals. This protection extends to automobile searches, but it is not absolute. However, if a court finds that evidence was taken during an unlawful vehicle search, the court will not allow the prosecution to use that evidence.   Searches and Your Expectation of Privacy A "search" can occur when a governmental agent intrudes in [...]

Calculate Your Blood Alcohol Content — BAC Calculator

New Orleans DWI DUI Attorney    Elizabeth B. Carpenter, Esq. --  DWI DUI Attorney New Orleans    Serving DWI DUI Clients In Metairie, Kenner, Gretna, New Orleans, LaPlace, Hammond, Mandeville and Covington!   Legislators and law enforcement have really been cracking down on DWI / DUI in Louisiana.  It is quite frightening because: 1.) We are a State that likes to enjoy our cocktails and 2.) When you do the math, it is easy to see how little alcohol is necessary to be considered legally intoxicated.  All the officer needs is sufficient probable cause to pull you over.     Check [...]

Aggravated Assault with a Motor Vehicle — Louisiana

New Orleans Assault Criminal Defense Attorney   Elizabeth B. Carpenter, Esq. -- New Orleans Premiere Criminal Defense Attorney Serving Clients in Orleans Parish, St. Tammany Parish, St. John Parish, St. James Parish, St. Bernard Parish, St. Charles Parish, Assumption Parish, Tangipahoa Parish, Terrebonne Parish, Plaquemines Parish and Jefferson Parish.     Aggravated Assault with a Motor Vehicle Upon a Peace Officer -- La RS 14:37.6 A.  Aggravated assault with a motor vehicle upon a peace officer is an assault committed with a motor vehicle upon a peace officer acting in the course and scope of his duties. B.  For the [...]

Unlawful use of a Laser on a Police Officer — Louisiana

New Orleans Criminal Defense Attorney   Elizabeth B. Carpenter, Esq. -- New Orleans Premiere Criminal Defense Attorney Serving Clients in Orleans Parish, St. Tammany Parish, St. John Parish, St. James Parish, St. Bernard Parish, St. Charles Parish, Assumption Parish, Tangipahoa Parish, Terrebonne Parish, Plaquemines Parish and Jefferson Parish.     Unlawful use of a Laser on a Police Officer -- La RS 14:37.3 Unlawful use of a laser on a police officer is the intentional projection of a laser on or at a police officer without consent of the officer when the offender has reasonable grounds to believe the officer [...]

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