H. Michael Steinberg has 38+ years of experience practicing Colorado criminal law. Mr. Steinberg strives to stay current with the ever changing aspects of criminal law issues and updates resulting in his extensive knowledge of successful criminal defense as well as appellate work. He is also an active member of the National Association of Criminal Defense Lawyers, the Colorado Criminal Defense Bar Association, the Colorado Trial Lawyer's Association, and the Colorado and Arapahoe Bar Associations.

Articles Posted in Search and Seziure Laws

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Colorado Law - Plain View and Unlabeled Prescription Bottles
By H. Michael Steinberg Colorado Criminal Defense Lawyer

Introduction – Limits on the “Plain View Exception” to the 4th Amendment’s Requirement for a Search Warrant

Both the Fourth Amendment of the United States Constitution and Article II, section 7 of the Colorado Constitution prohibit unreasonable searches and seizures. Any analysis of an alleged violation of your Fourth Amendment rights begins with an understanding of what the right actually protects – your right to privacy, …for the government to leave you alone.

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Inventory Searches - the Illegal Seizure and Search of Vehicles in Colorado
By H. Michael Steinberg Colorado Criminal Defense Lawyer

Introduction – the Issue – Search and Seizure of Your Car When You Are Arrested

While I have written on this subject in the past, a recent Colorado case, People v Thomas, has brought the issue of the seizure, and inventory searches of vehicles once again to the attention of criminal defense lawyers across the state.

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Understanding Colorado One on One Show-Up Procedures A Close LookBy H. Michael Steinberg Colorado Criminal Defense Lawyer

Introduction – the Very Real Danger of Misidentification as a Result of One on One Show-ups at the Scene of a Colorado Criminal Investigation

Ashow-up” is a procedure used by the police where a lone potential suspect of a recently committed crime is presented in person to an eyewitness to determine if that individual was involved in the commission of the crime.

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Search and Seizure Law Have You Been Seized by A Police OfficerBy H. Michael Steinberg Colorado Criminal Defense Lawyer

Introduction – What Does It Mean to be Seized?

The phrase “search and seizure” is very familiar to most Americans, but a clear understanding by most of us of the moment when one is constitutionally “seized” – is a different question and is the subject of this brief piece.

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Cell Phone Searches and Seizures Under Colorado Law
By H. Michael Steinberg Colorado Criminal Defense Lawyer

Introduction – Basic Law -Your Right to Privacy – The Fourth Amendment

To fully understand when and under circumstances law enforcement may search your cell phone, one must start with an understanding of your basic rights under the Fourth Amendment’s protection against unlawful searches and seizures.

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Colorado Criminal Law - Motion To Suppress Evidence - New 2015 Case Changes Burden of Proof.jpgBy H. Michael Steinberg – Colorado Criminal Defense Lawyer Online Blog

Colorado Criminal Law – Motion To Suppress Evidence – New 2015 Case Changes Burden of Proof – For over 30 years the burden of going forward in a Colorado criminal Motion to Suppress Evidence hearing was on the prosecution. With the announcement of a new case People vs Cunningham – that burden – in many Colorado criminal courtrooms – now sits with the Defendant and his or her lawyer.

The Case of People v. Cunningham 314 P.3d 1289 (Colo. 2013), 13SA179,

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Colorado Cell Phone Searches.jpgCell phones – 91% of us have them. Cell phones are a modern marvel defying most of us to com close to fully understand how they function. They are truly highly complex “mini computers” containing vast amounts of personal information that should remain private and well away from the eyes of law enforcement.

Recently the United States Supreme Court has been asked – in the case of Riley vs California – to set the standard for searches “incident to arrest” involving the seizure – but much more importantly – the search of the contents of cell phones.

A petition to the Supreme Court asks the court to clarify whether – and under what conditions – law enforcement may access the massive amounts of personal information on all of our cell phones without a search warrant.

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Colorado Miranda Rights.png
In 2013 the United States Supreme Court – in Salinas v. Texas – took a step back from the protections accorded by the Fifth Amendment’s Right To Remain Silent.

The Facts of Salinas:

Salinas – before being placed into custody – answered questions posed by a police officer in a homicide investigation. At the time he answered the questions he was not under arrest. Among the questions was a comment by the officer about the potential ballistics match as regards casings found at the scene.

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Colorado Mirand Rights Law.jpgBy Colorado Criminal Defense Lawyer – Attorney – Colorado Miranda Rights Law – H. Michael Steinberg

Colorado Miranda Rights Law is sometimes not only internally complex but is ever evolving for law enforcement since the original Miranda decision so many years ago.

Understanding the application of the Miranda decision – the imposition of the advisement and issues surrounding the waiver of your Miranda rights requires a close look at the law and what constitutes a valid waiver of those rights.

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By Denver, Colorado Criminal Defense Lawyer – H. Michael Steinberg

Probable Cause

Probable cause is the standard of proof necessary to support a search an arrest warrant and is the quantum of proof that is necessary to support a warrantless arrest.