Understanding West Virginia Law on Dog Sniffs During Traffic Stops Introduction: During a routine traffic stop, a police officer may use a dog to sniff for drugs or other illegal substances. However, the use of a dog sniff during a traffic stop is subject to certain legal restrictions in West Virginia. In this blog post, we will examine West Virginia law regarding the lawfulness of dog sniffs during traffic stops. What is a dog sniff? A dog sniff is a procedure in which a trained dog is led around a car by a police handler for the purpose of detecting the presence of drugs or other illegal s ..read more

*Disclaimer: This video and post do not constitute legal advice. No attorney-client relationship has been formed unless and until the relationship is confirmed in writing by Attorney Simms. Have you ever failed to get a job because you can’t pass a background check? Do you lose sleep at night thinking about your past mistakes? Have you ever not applied for a job because you know that your past convictions will prevent you from even being considered? As a criminal defense and expungement lawyer in Morgantown West Virginia since 2006, I have helped hundreds of people rebuild, and put their liv ..read more

Yesterday, the New York Times published an article that calls for an end to the police tactic of lying to suspects in pursuit of a confession.  As it stands, there is almost no limit to the magnitude or type of lies that police can tell someone.  Confession evidence is important in the overall criminal justice scheme, but the evidence is clear – countless innocent people have confessed to crimes they did not commit.  In fact, the Innocence Project’s data shows that nearly 30% of the 375 DNA exonerations that they have obtained involved convictions obtained by way of false confes ..read more

This video contains my top three DUI tips to keep in mind if you are suspected of driving under the influence. Number one – do not answer any questions!  You have a right to remain silent, and to not answer questions without a lawyer present.  If the officer asks you questions like “have you been drinking”, or “did you know you smell like alcohol”, politely tell them that you do not answer questions without a lawyer present. Number two – do not take field sobriety tests!  It is completely legal to decline to take these tests, and you should not engage in “roadside olympics”, a ..read more

This video discusses the WVU student conduct process, and gives a brief overview of what to expect if you receive a Notice of Charge. My most important tip – do not say anything to the Office of Student Conduct that could be used against you! If you are requested to come in for an initial meeting, simply find out if you have a right to a conduct conference or a hearing, ask what sanction WVU is seeking against you, and request some additional time to speak with a lawyer before making a decision.  Do not discuss the charge or any specifics about the case without speaking to a lawyer firs ..read more

This video provides my top three tips for incoming freshmen and students at WVU. Number one – be respectful of police officers.  If you are out downtown late at night, and an officer asks you to move back or leave the scene, just do it.  The officers will appreciate it, and you will likely avoid any further trouble. Number two – know your rights.  Although it’s not required in all situations, it is advisable to give an officer your ID when it’s requested.  However, don’t answer any questions!  If you are asked if you’ve been drinking or where you’ve been, just polite ..read more

The United States Supreme Court will be addressing this question soon: Does the warrantless search and seizure of cell phone records, which include the location and movements of cell phone users, violate the Fourth Amendment? The Fourth Amendment to the United States Constitution prohibits unreasonable searches and seizures. That is, any time the police want to intrude upon you or your possessions, the Constitution requires that the activity be “reasonable”. That standard is generally satisfied when the police obtain a warrant, but many searches and seizures occur without one. For example, the ..read more

Civil forfeiture is alive and well in West Virginia, and across the country.  Forfeiture laws allows officers to seize property (including cash) without making an arrest, and many times without judicial oversight.  As long as an officer believes that the property is related to illegal activity, a seizure can occur.  Such seizures often happen during traffic stops, and can even take place in a person’s home.  Once a person’s property is taken, their only option is to quickly challenge the government’s actions in court, which can be expensive, time consumi ..read more

The Monongalia County Sheriff’s Department will be conducting a sobriety checkpoint at the intersection of Route 19/Fairmont Road and Interstate 79 on Thursday, October 22 from 8:00 p.m. until 2:00 a.m.  Alternate routes will be marked by signs for drivers who wish to avoid the checkpoint. If you have consumed drugs or alcohol, the best policy is not to drive, or to have a designated driver.  If you are arrested, remember: (1) You have the right to remain silent, (2) You do not have to answer any questions without an attorney present, and (3) You should request that your arresting of ..read more

Nearly everyone has a video camera on their cell phone, ready to record at a moment’s notice.  The police encounters that caused the deaths of Walter Scott, Tamir Rice, Eric Garner and others have been captured on such cameras.  Human recall and memory is fallible, and because of that, video is often the best documentation of what actually occurred between police and the person they are interacting with. Video footage protects citizens and officers alike, and many police departments are taking steps to have officers wear body cameras or use in-car video systems for this very reason ..read more