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.

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When Can Police Conduct a Warrantless Search of a Vehicle?

April 6, 2021 | Constitution

Police will usually try to do everything that they can to have a reason and an excuse to execute a search without a warrant. Whether it is for convenience or effectiveness, they want to be able to search you right now as opposed to having to show probable cause for a search warrant from a magistrate. While this may conflict with your constitutional rights, there are circumstances in which law enforcement can conduct a warrantless search. This includes being able to search your car at times without a warrant. If law enforcement has conducted a search without a warrant, contact Hogan Eickhoff today!

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Can The Police Search Your Cell Phone?

January 12, 2021 | Criminal Defense Attorney

When it comes to police searches, most people are not completely aware of what police can and cannot do. At one end of the spectrum, some people just automatically comply with police instructions when they want to search or seize evidence. At the other end, some are firmly convinced that they have personal liberty over everything and that police can seize or search nothing. This is even more pronounced when you are dealing with something like your cell phone that can hold some of your most personal information.

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