Tag: Evidence

POSITION OF POWER: Officer v. “Reasonable Person”

Police Officer use of force is an ever-growing topic of discussion in today’s society. The news and social media have allowed people to not only hear about, but actually see, videos where force, even deadly force, is used. The take away, whether you agree with the officer’s actions or not, is that if an officer is telling you to do something, DO IT. Their authority is obvious and intimidating. They have the power and they will decide how to wield it. If you want to avoid trouble, listen, be polite, and answer their questions. The Fourth Amendment protects people from…

It’s All Hearsay…or Is It?

It’s All Hearsay! They don’t have anything. I often hear a client or potential client tell me that the police or prosecutor don’t have any evidence against them. “All they have is hearsay.” But what is hearsay really? Typical cases where hearsay is an issue are the ones where it is a “He said, she said” case such as domestic assault, assault, or criminal sexual conduct charges such as rape. Hearsay is not usually admissible as evidence at trial and lawyers can spend a lot of time arguing over what can and cannot come in as evidence. A simple question…