Author Archives: rhoffa

Warrant Canary Jan2017

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As of January 16, 2017 attorney Joseph Welch has not been
the subject of any search warrants, subpoenas, retention
notices, national security letters or any other legal
process that might compromise client confidentiality or
otherwise seek information regarding client representation,
including client identities.

Today’s headlines:

East St. Louis fire destroys historic church, but not the
faith of the pastor – Stltoday dot com.

Congratulations – and advice – for Circuit Attorney Gardner
Kimberly Gardner was sworn in as St. Louis circuit attorney
on Friday, January 6, making history as the first African
American… – Stlamerican dot com.
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Security hole in popular WhatsApp message app

There’s some controversy brewing about whether the security issue in the WhatsApp secure messaging app is a backdoor or what – the Electronic Frontier Foundation spells out exactly what that should mean to the end users:

If you are a high-risk user whose safety might be compromised by a single revealed message, you may want to consider alternative applications. As we mention in our Surveillance Self-Defense guides for Android and iOS, we don’t currently recommend WhatsApp for secure communications.

But if your threat model can tolerate being notified after a potential security incident, WhatsApp still does a laudable job of keeping your communications secure. And thanks to WhatsApp’s massive user base, using WhatsApp is not immediate evidence of secretive activity.

If you need to securely communicate with anyone (and we urge you to consider to secure your communications with all family, friends, co-workers, co-conspirators, and lawyers) then you should install Signal Private Messenger and use it for all sensitive and not-so-sensitive communications. confidentiality

Your rights after being pulled over

A police officer will often request that you get out of your vehicle after pulling you over, and most people comply without giving it a second thought. What, exactly, are your rights when a cop asks you to get out of your car?

In Missouri a police officer has the right to order you out of your car after pulling you over for almost any violation at all. If that little light above your license plate is burnt out, you can be pulled over and be forced to get out of your vehicle. You do not have a right to refuse to get out of your vehicle, and the officer can then proceed to ask you a few specific questions regardless of whether they have any reason to believe that you’re breaking the law.

Once you have exited the vehicle, the officer may do the following:

Ask you for your license and registration
require you to sit in his or her police car
ask you where you’re going and what you’re going to do there

1. License and registration

It’s a good idea to always have your license and registration in a safe and convenient location. If you fumble for your paperwork or can’t find it, officers are trained to assume that you’re intoxicated, and can use this to detain you longer, ask you more questions, and possibly search your vehicle or arrest you.

Almost everyone keeps their registration and proof of insurance in their glove compartment, but screwing around with your glove compartment with a police officer outside your door is a good way to get shot, because the glove compartment is also a convenient place to store a handgun, and this is one thing that every officer is concerned with, and rightfully so. Keep your registration and proof of insurance easily accessible in your glove compartment so you can have it out and ready before the officer walks up to your car. And sometimes it’s a good idea to leave your glove compartment open after you remove your paperwork so the officer can see that you’re not trying to hide anything in it.

2. Sitting in the police car.

A police officer in Missouri may also require you to sit in his or her police car after stopping you for a minor offense. In most cases they only do this if they suspect that you’re up to something illegal, but legally they don’t need a reason. The justification for their right to hold you in their car is to ensure the safety of the officer, an important reason, even though its legitimacy is questionable and the power it grants officers is ripe for abuse. As I said before, the officer doesn’t need a reason to make you sit in the patrol car, and they often use this power when they suspect you’re up to something and want to intimidate you into allowing them to search your vehicle or confessing to something.

It’s often a good idea to lock your car in these situations- the officer must obtain a search warrant to search your locked car, and it’s more difficult for the officer to lie and say you consented to the search. By having your license, insurance, and registration ready before the officer walks up to your car you’re all set if the officer requests you to get out of the car, and neither you nor the officer should have any reason to get back into it unless the officer has a reasonable suspicion that something illegal is going on (I mean, aside from the illegal traffic stop and violation of your constitutional rights, of course).

3. Where are you going and what are you doing?

The officer also has the right to ask where you’re going and what you’re going to do there. In most cases the “where” part is easy because you’re going home, or to work, or a friend’s house, or whatever. A short, simple, and truthful “home”, “work”, or “my friend Jack’s house” (if that is his real name, of course) is often a safe answer. If you’re going somewhere that you’d rather not mention to the officer (like, a bar, or club, or a subversive political meeting), then the negative answer “nowhere unlawful” might be good. If you’re going somewhere illegal, like if you’re going to be trespassing or vandalizing a church or something, then… well, you’re a bad, bad person and should probably atone for your life of crime.

As for what you should say when the officer asks you what you’re going to do at your destination, the best answer is usually “nothing unlawful”.

And as always, nothing in this post is intended to be specific legal advice in Missouri or anywhere else. Every traffic stop and case is unique, and if you have a question about your rights or get pulled over contact Joe Welch for a free and confidential consultation.

Originally published on September 2006.

How do police decide if you’re drunk?

Police officers in Missouri and most other states are trained in DWI detection methods based on standards created by the National Highway Traffic Safety Administration, a federal government agency that helps reduce accidents and fatalities on the nation’s highways.

The NHTSA guidlines break DWI detection down into 3 phases, before the driver pulls over, when the officer makes first personal contact, and when the officer gives the field sobriety tests.

• Phase 1

The first phase involves the officer observing the driver and vehicle in motion before being pulled over. The NHTSA mandates that officers should consider such factors as the driver weaving in his or her lane, failing to pull over in a timely manner, or slumping over the steering wheel when deciding whether or not someone might be intoxicated.

• Phase 2

The second phase involves the officer makig personal contact with the alleged intoxicated driver. The NHTSA guidlines state that the officer should observe the suspect as he or she gets out of the car, and considers factors such as odor (alcohol, breath mints, tobacco, marijuana), stability (i.e., leaning on the car, falling over, etc.), and ability to follow directions. Many people are surprised to find that officers are specifically trained to observe the ‘cover up’ odors of breath mints or gum and use them as evidence that someone is intoxicated.

• Phase 3

The third phase involves the standardized field sobriety tests such as the Walk and Turn, One Leg Stand, and Horizontal Gaze Nystagmus test.

If you get arrested for Driving While Intoxicated in Missouri you need an attorney to fight for your rights. If you or someone you know is arrested please contact Joe Welch immediately for a free and confidential consultation.