Matthew J Technology and Science Law Blog

Not all warrants to search need to be presented in paper.  California criminal statutes allow, as an alternative to written affidavits, Penal Code §1526(b)(1) permits sworn oral statements that are subsequently transcribed. For example, the affiant may phone the magistrate, state probable cause, and obtain the magistrate’s verbal authorization to sign the latter’s name to the warrant under Penal  Code §1528(b). According to one autoritative source, The resulting w... Read More

In a surprising new study scientists have found that DNA, the so called gold standard of proof in criminal cases, is on shaky ground. Scientists have disclosed that a person’s DNA can be faked, which can then be planted as evidence at a crime scene. It may seem like CSI science fiction, but scientists at Nucleix have demonstrated that bodily fluids such as blood and saliva taken from one person can be identified as taken from a different person altogether... Read More

The short answer to this question is no.  Courts in virtually every state in the nation do not allow polygraph tests to be used in Court due to the fallibility of the science.  As a criminal defense attorney I advise clients to never take a polygraph the reason for this advice is because most examiners that work for the police will a... Read More

One of the big problems with breath testing in DUI cases is the issue of mouth alcohol contamination of the sample. "Mouth alcohol" refers to the presence of any alcohol in the mouth or airway duringbreath testing after having been arrested for DUI. If even small amounts of raw alcohol exist during a breath test, then the results will be a false high reading. This is because the breath testing device assumes that the alcohol is from the deep part of the lungs; the machine multiplies... Read More