Category Archives: Evidence

Privacy of Your Smart Phone: Police Search and Seizure and Apple’s Fight Against the FBI

There is a huge privacy fight going on this month up in Washington regarding privacy and your smart phone, as the Federal Bureau of Investigation (FBI) wants access to all the data that is setting encrypted on the iPhone taken by the local police in the aftermath of the San Bernardino shootings. Some may argue…


Bite Mark Evidence Isn’t Reliable But It’s Still Used Against Defendants in Texas

Lots of criminal defense attorneys have their fingers crossed here in Texas, hoping that sooner rather than later everyone is going to acknowledge and understand that bite mark evidence isn’t worthy of respect much less use in a criminal case where someone’s freedom is in jeopardy. For many years, defense lawyers have recognized that evidence…


Fighting the Prosecutor on Just Punishment: Evidence on Sentencing and Probation After a Conviction in Texas

For many people, maybe because it seems like it in so many TV shows, criminal trials are one big event.  It’s exciting and fast-paced, where the attorneys roam the courtrooms, there’s very little paperwork, and there are lots of people going up to the witness stand for short stints. In reality, things are different. Two…


FBI Scandal: Forensic FBI Experts Give False and Flawed DNA Evidence To Get Convictions

This is very bad and it’s going to get worse. Yesterday, the Federal Bureau of Investigation and the U.S. Department of Justice finally came forward and admitted that the FBI forensic evidence provided in countless criminal trials over the past two decades has in almost every single case been flawed and unreliable if not downright…


Stingray Use by Feds and Local Police is Growing: Are You Being Monitored?

Police officers and law enforcement agencies are limited by the federal constitution as well as federal and state laws in what they can do. They are not supposed to snoop on citizens or eavesdrop on people unless they’ve got specific legal authorization to do so. . . The problem is — as any experienced criminal…


Trusting Prosecutors With Forensic Lab Evidence? Consider Harris County District Attorney: Notices Sent of 100s of Wrongful Convictions

Here in Dallas County, the District Attorney’s Office is getting its very own forensics evidence lab set up smack dab in the courthouse. So convenient, right? We’ve posted on this development here (read the post) and others have voiced their concern over having the prosecutor so very-very-close to the evidence lab. Well, here’s more to ponder…


Creepshot Law Held Unconstitutional: New Cases in Texas Child Pornography Defense

The prosecution of child pornography cases just got a bit harder here in Texas after the highest criminal court in the state, the Texas Court of Criminal Appeals, issued its opinion last week regarding photographs taken of children in public places here. The court ruled that “upskirt” photographs are not illegal, no matter how disturbing…


More Texas DWI Convictions Will Be Overturned Because of Warrantless Blood Draws

Over in Tyler, somebody had a very good day recently – specifically, Samuel Gentry who saw his lawyer win a DWI appeal before the Tyler Court of Appeals and get his 3d DWI conviction overturned along with the Life Sentence he was serving.     Warrantless Blood Draw in DWI Case What happened? The police…


Texas Police Can Get Your Phone Records From Phone Company Without a Warrant: Ford v. State

This week, there’s lots of concern about cell phone security and phone privacy rights. Why? Thousands of celebrity nude photos have been posted online by a hacker for all to see (with the promise of more to come). Now the FBI has begun investigating how the cell phone pix were stolen (hacked) from private accounts…


The Mike Brown Law: Will Police Be Required to Wear Body Cameras?

As the events in Ferguson, Missouri, continue to unfold, a proposed new law is being advanced for all law enforcement in this country, the “Mike Brown Law.” It would require all police officers to wear a camera as part of their uniform, so all their actions on the job would be recorded. The campaign for…