Category Archives: False Arrest
They Get Off on Technicalities but They’re Really Guilty, Aren’t They?
April 21, 2010 by Justin McShane
In my travels around the country and around Pennsylvania, I run into a number of people. One of the most common questions I get is, "You get them off on technicalities but they’re really guilty, aren’t they?" Here’s a question: Have you ever been accused of something you didn’t do? Of course, at one time or [...]
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Should a police officer have to be ordered to tell the truth? My office and I have litigated thousands of DUI and criminal cases all over Pennsylvania. In this time I have met hundreds of Pennsylvania police officers. In my opinion, most are very sincere in trying to perform their sworn duties with integrity. However, [...]
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Contextual bias is a particular problem with respect to DUI arrests, not just in the state of Pennsylvania but in the entire country. Through often politicized law enforcement initiatives such as Operation Night Hawk and other similar DUI focused patrols, intense pressure is placed upon police officers and troopers to “hunt” drunk drivers. They are [...]
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It is amazing to me how a Pennsylvania DUI is the only crime or charge that someone can be convicted of solely based on an opinion of another person. What I mean by that is that a police officer is frequently called upon during the course of a trial to render his layperson opinion (not [...]
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Several weeks ago, I blogged on the Drug Recognition Expert (DRE) protocol and specifically the Finger-to-Nose Test and the Romberg Balance Test and I half jokingly wrote the following: In that post I concluded that Like many tests used at roadside [or in the DRE protocol], the designed and intended use of a legitimate and useful [...]
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DUI Innocence Project: 93% Wrong-False Use of Roadside Tests Can Lead to False Arrest
December 15, 2009 by Justin McShane
We have all heard of the “Innocence Project” which is a national joint legal and scientific project to identify and where appropriate re-examine cases where guilt has been found and after being examined with “fresh eyes” and with the use of DNA to either confirm or exonerate those actually convicted of a crime. To date, [...]
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It is a national problem to be sure. It is an endemic and systemic problem. It is a problem that is pervasive and well-known within the scientific community. Yet, it is condoned. In his latest blog post, Bob Keefer, a fellow member of the National College for DUI Defense, Inc and a true trailblazer in [...]
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Not every police officer lies. Not every police officer colors the truth. Not every police officer embellishes. But there are enough. If there is one that is too many. Let’s face it police officers are human. They are motivated like we all are. To not lose, to win. To do the job efficiently and some [...]
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It seems that every day there is some sort of article in print that laments the poor position of prosecutors, their horrible burden and how unfair the CSI Effect is. Well, what is the truth? It seems that there is a CSI Effect, but not to acquit, but rather to convict. A reverse CSI Effect. What [...]
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