Unlawful Searches: Protecting Your Rights

October 22, 2024 | Criminal Defense Attorney

The Fourth Amendment to the United States Constitution states that you have the legal right to be free from an unreasonable search or seizure. A search can be illegal from several standpoints. It may be that the police officer never had the right to search you or your premises in the first place. The police officer could have gone beyond the scope of a warrant that they obtained. Either way, you may be able to persuade the court to have evidence suppressed and kept out of court when it was illegally obtained. You should contact a criminal defense attorney at Hogan Eickhoff to help protect your legal rights in the face of an illegal search or seizure.

Read More

Understanding Your Miranda Rights in Wisconsin

July 18, 2023 | Constitution

The United States Supreme Court came to the decision that the Fifth Amendment to the United States Constitution forbade prosecutors from using a person’s statements made in response to interrogation in police custody as evidence at their trial unless they can prove the person was informed of their right to consult with a criminal defense attorney before and during questioning, and the person not only understood their rights but also voluntarily waived them, in the landmark case of Miranda v. Arizona, 384 U.S. 436 (1966). Miranda had an immediate impact on law enforcement throughout the United States, making the Miranda warning a matter of routine for police procedure and the practice becoming known as “Mirandizing.”

Read More

Odor of Burning Weed Justifies Warrantless Entry into the Home

October 6, 2021 | Criminal Defense Attorney

In any criminal case that involves physical evidence, you can expect some scrutiny from criminal defense attorneys of how law enforcement seized the evidence. One of a defendant’s basic rights in any trial is their Fourth Amendment right to be free from an illegal search or seizure. When police enter a home without a warrant, their entry will almost always be challenged. This is exactly what happened when police went into a home after smelling burning marijuana. However, in the case of In the Interest of B.W.R., the Wisconsin Court of Appeals gave officers very wide latitude for a warrantless search.

Read More

First Police Reform Bill since Death of George Floyd Passes in Wisconsin Senate

July 20, 2021 | Court Hearings

The first police reform bill since the death of George Floyd in May of 2020 passes in the Wisconsin Senate and the attorneys of Hogan Eickhoff are going to break everything down for you. According to the AP, the measures approved by the Senate create new police programs and requirements that are intended to address the outcry that continues to emanate from Floyd’s tragic death. The bills in question, which some believe don’t go far enough in the right direction, head next to the state Assembly to await their fate. If you find yourself on the wrong side of a criminal charge, you need the professional legal counsel of an experienced Wisconsin criminal defense attorney in your corner.

Read More

What Is Police Misconduct and What Can You Do About It?

June 24, 2021 | Criminal Defense Attorney

While the police are here to enforce the laws, they are not above them. Their powers are not unlimited, and they can be held responsible if they break laws themselves. If you have experienced police misconduct, you have a number of options to hold both the officer and police department responsible. It could change the result of your criminal case or even give you the right to file a lawsuit yourself. For this reason, if you believe the police have violated your rights, you should discuss your situation with an experienced criminal defense lawyer as soon as you can.

Read More