Legal Question in Criminal Law in Kentucky

4th & 6th Amendments

I need to do a survey of criminal attorneys, for a class the questions are as followed

1) What are some of the most commone mistakes that a criminal defense attorney makes which may/could be considered ineffective assistance of counsel?

2) What are some to the most common ways that a defendents 4th amendment right against unreasonable serach & seizure is violated or what are some common mistakes that law enforcement officers make in regards to the 4th amendment?


Asked on 10/09/01, 4:54 pm

1 Answer from Attorneys
Philip Owens Philip M. Owens, Attorney at Law

Re: 4th & 6th Amendments

(1) the most common mistake is not reviewing the FACTS and tryng to do something that you cannot do.

(2) With all of the "Training" being given officers, they make few mistakes. What I see is the officer intentionaly not giving an accurate warning of rights and as far as the search goes justifying a "bad" search by indicatiny "permission". It has alsways amazed me that so many people give permission to "search" so that the officer does not have to go to the trouble to seek a search warrant especially when they know that the officer will "find" something even if it was not there in the first place.

I have seldom experienced a "search" and nothing be "found".

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Answered on 11/21/01, 5:37 pm


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