“This case requires us to decide under what circumstances officers making a lawful arrest may seize a companion of the arrestee in the absence of reasonable suspicion to independently justify a Terry stop of the companion. We hold that where … Continue reading →
WA: Objective reasonable facts justified frisk of def when his companion was arrested
↧
↧
CA9: Defense entitled to discovery on whether San Clemente immigration checkpoint also now a general crime control checkpoint
Defendant sought discovery to show that the San Clemente immigration checkpoint on I-5, sustained 40 years ago in Martinez-Fuerte, had also become a general crime control checkpoint, and the district court denied it. The Court of Appeals held that Rule … Continue reading →
↧
Interesting accounting of "The Economic Burden of Incarceration in the U.S." as approaching 6% of GDP
↧
Are You Ready for a No Refusal Weekend?
Music, entertainment, nightlife, and the University of Texas are some of the reasons why people travel from all over the world to experience the vibrant culture and sporting events Austin has to offer. However, along with tailgating and the plethora of restaurants, breweries, and drinking establishments to choose from, there is also a higher risk of drivers getting behind the wheel after a drinking alcohol. To keep citizens safe, Austin law enforcement partakes in No Refusal Weekends hoping to deter drinking and driving, specifically on busy holiday weekends. The public must be aware of the No Refusal Weekend program because their chances of being pulled over, arrested, and convicted for both driving under the influence (DUI) and driving while intoxicated (DWI) increase during this time. Can I Refuse on No Refusal Weekends? The phrase “No Refusal” may seem a bit deceitful as many drivers may think they don’t have the option to refuse a breath or blood…
↧
Notable opposition to initiative seeking to enshrine the death penalty in Oklahoma's state constitutions
↧
↧
NM: Consent to look at one receipt during a stop didn’t justify looking at any others
Two stops of defendant towing a van a couple of minutes apart were separately justified. The second stop was based on the owner of the van saying that defendant took it from him, but that was only to a second … Continue reading →
↧
Beating (up) Devon Anderson, and other stories
Here are a few odds and ends which haven't made it into independent posts but merit Grits readers' attention:Beating (up) Devon AndersonIn Harris County, critics are now piling on incumbent District Attorney Devon Anderson, sometimes for things under her control and sometimes not. Texas Monthly compiled examples from the growing litany of allegations which could provide the margin for her defeat in what's expected (by me, anyway) to be a tight November race. As Republican DAs go, I like Devon Anderson. I think she's grown immensely since taking office (under what must have been weird and emotional circumstances). She's a sensible if modest reformer, not some tough-on-crime ogre. But her ouster by a candidate running essentially on a reform platform in the nation's fourth largest city would be significant. And lately, she hasn't done herself any favors.Shortage of competency restoration beds worst in recent memory Terri Langford at the Dallas…
↧
The 3 Most Common Underage Drinking Crimes in Darien & New Canaan
New Canaan and Darien Connecticut police are dialing up their underage drinking party enforcement efforts. With school back in session, teenagers and high school students in small towns like Darien and New Canaan Connecticut are once again hanging out at night and on the weekends, sometimes experimenting with drugs and alcohol, and sometimes even with the permission and blessing of their parents. But here’s the problem, as the best Darien & New Canaan criminal lawyers and attorneys can explain: Connecticut police and prosecutors are no longer giving out “warnings” or “slaps on the wrist” for hosting or turning a blind eye to underage drinking parties. Instead, they are arresting kids and parents, teaching them—and more importantly, teaching the communities that read about these arrests in the newspaper—about the consequences of breaking underage drinking laws by hauling them to court with 1 of 3 serious charges… The top New…
↧
Saturday Open Thread
I really don't like writing about Donald Trump, he just leaves such a bad taste. In my opinion, he's a sour, dour, spoiled, arrogant, and uninspiring individual, lacking in any identifiable talent and I don't trust a word he says. I have... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
↧
↧
9th Circuit: Drug conviction vacated and case remanded because of erroneous discovery rulings
United States v. Soto-Zuniga, — F.3d — (9th Cir. Sep. 16, 2016): Drug-bust defendant entitled to discovery relating to constitutionality of checkpoint seizure, and to government’s investigation of drug-smuggling operation A lot has happened since 1976. Bell-bottoms have gone out of fashion, and come back again, sort of. The original members of Menudo have begun collecting retirement benefits. People without aluminum foil under their hats have begun talking about taking pictures with their telephones, and about the government watching us more or less all the time. And maybe, just maybe, the San Clemente checkpoint has become unconstitutional. At least, held the Ninth Circuit, Hector Soto-Zuniga should have been permitted to conduct discovery to find out. The Border Patrol agents who stopped Mr. Soto-Zuniga at the San Clemente checkpoint thought he looked nervous. You know the rest: Referred to secondary, more looking nervous (including a “bounding”…
↧
Vehicle Versus Pedestrain Crash on I84 near Orchard
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 09/17/16 8:25 p.m. Please direct questions to the District Office On September 17, 2016, at approximately 12:38 p.m., the Idaho State Police investigated a vehicle versus pedestrian crash on Interstate 84 near mile post 52, by the Orchard exit for Boise. Timothy Boerin, 26, of Nampa, was driving a 1999 GMC Jimmy when he left his lane and struck an adult male pedestrian. The passenger, Brianna Boerin, 23, of Nampa, as well as the pedestrian, were transported by ground ambulance to Saint Alphonsus Regional Medical Center in Boise. Timothy Boerin was wearing a seat belt. It is unknown if Brianna Boerin was wearing a seat belt. The crash is under investigation by the…
↧
Penalties for Retaliation for Past Official Action (N.J.S.A. 2C:27-5) in New Jersey
Public servants and public officials are ethically obligated to follow their conscience in official acts, and to pursue their roles in what they consider to be the best interest of their communities, the State of New Jersey, and their constituents. Still, politics and policy are both contentious areas, and to protect the ability of public servants to appropriately fill their role, certain protections have been placed into law. Under N.J.S.A. 2C:27-5, Retaliation for Past Official Action, it is a crime of the fourth degree to harm another through any illegal means as a form of retaliation for acts they took in office. This charge would be added on to the other charges in the indictment, and would tack on an additional 18 month penalty to the charge for the unlawful act that harmed the public official. This is potentially very serious, as multiple felonies on an indictment can result in extensive sentences and financial penalties, even for a first-time offender. Politics…
↧
Criminal Defense Lawyer for Unlawful Official Business Transaction Where Interest is Involved (N.J.S.A. 2C:27-9) in New Jersey
Public corruption is an overriding concern among good governance groups and citizens alike. The appearance that a politician is using his or her office to enrich themselves, their families, or people who’ve made themselves “connected” is offensive to notions of democracy, and corrosive to municipal budgets and fair contracting practices. Those public officials who steer work to their own companies, those owned by immediate family members, or other entities with whom they have a substantial stake may be in violation of N.J.S.A. 2C:27-9, Unlawful Business Transaction Where Interest is Involved. The “interest” in this case is the financial stake that the public official has in a business entity that was improperly granted contracts or other public monies. N.J.S.A 2C:27-9 is a crime of the fourth degree, with a possible 18 month sentence if convicted. At this level, it is considered a low felony, and conviction will have long lasting and wide-ranging…
↧
↧
Penalties for Unlawful Official Business Transaction Where Interest is Involved (N.J.S.A. 2C:27-9) in New Jersey
New Jersey punishes public corruption harshly, and conviction on charges that you’ve steered business to your own enterprises, those of immediate family members, or other entities with whom you have a financial stake will leave you with a felony record and may put you in prison for as long as 18 months. Under N.J.S.A. 2C:27-9, you’ll face a fourth degree criminal charge for this conduct, which is comparable to a low felony in other states. Aside from the risk of an 18 month long prison sentence, you’ll also face fines up to $10,000, and restitution costs may apply in these cases as well. You’ll certainly lose your job, as well as the public trust, and the consequences for your future career options may be extremely bad. Public officials must make difficult decisions in the public interest all the time, but that doesn’t mean they won’t be controversial. It’s vital to the functioning of government at all levels that those who hold…
↧
M.D.Ala.: 20 minutes to write a warning (8 min) and wait for drug dog (12 min) was reasonable
Thirty minutes total time from the stop until the dog sniff finished was reasonable in this case. By the time the dog was called for, only 18 minutes had elapsed, and 8 was used on the warning ticket. [Doing what, … Continue reading →
↧
Any distintive thoughs, dear readers, on notable new video, "Jay Z: 'The War on Drugs Is an Epic Fail'"?
↧
Fraternal Order of Police Endorses Trump
The press release is here. "He understands and supports our priorities, and our members believe he will make America safe again."
↧
↧
Manufacturer of Highly Dangerous Opioid Drug Fighting (and Paying) to Keep Marijuana Illegal
One sad fact about elections and political movements- they are expensive, and the costs seem to increase each year. As more and more states realize there is a medical benefit to marijuana and it is ridiculous to have it on the list of Schedule I drugs along with substances like heroin, more states are moving to legalize medical marijuana. Additionally, as more and more states realize what a complete waste of taxpayer money and government resources it is to have police arresting marijuana users and sellers and have prosecutors bring criminal cases against them, more states are seeking to legalize marijuana completely. Marijuana legalization efforts are finding their ways on ballots all over the country. As a result, there are campaigns for and against marijuana legalization. Any such campaign needs to be well financed for success. Do you know one of the primary groups funding the effort to keep marijuana illegal and to keep taxpayer money going towards the arrest,…
↧
Assault Lawyers in Monmouth and Ocean County NJ
If you have been convicted of anassault-related crimein NJ. Whether you have been arrested for assault, battery or intent the penalties involved from state to state can be extremely serious.We understand the seriousness of all assault and battery crimes in New Jersey and the penalties that can come with these charges.OurDrug Law lawyershave obtained positive outcomes in hundreds of cases for misdemeanor or felony assault crimes and are prepared for the aggressive approach necessary to win your case.We have decades of experience in protecting the rights of Monmouth and Ocean County NJ residents. Contact us today so we can begin preparing an effective defense on your behalf.Hire an experienced criminal attorney at www.IMGLegalGroup.com afree consultation lawyer in NJ. Put your trust in Monmouth County NJ Lawyer Ian Goldman. Ian Goldman has offices in Jackson, NJ and Red Bank NJ. For more information about Mr. Goldman visit IMG Legal Group online at…
↧
Limiting searches would reduce public dissatisfation over police contacts
With the Texas House County Affairs Committee poised to consider racial profiling at traffic stops, Grits went this morning to see if the new triennial police-public contacts survey had been published yet by the federal Bureau of Justice Statistics, but no dice. The last one available covers 2011. Still, one doubts police-public interactions have change that much in the intervening five years. Here are a few highlights from that survey:White drivers were both ticketed and searched at lower rates than black and Hispanic drivers.Across race and Hispanic origin, persons who were searched during traffic stops were less likely than persons who were not searched to believe the police behaved properly during the stop. About 1% of drivers pulled over in traffic stops had physical force used against them by police.Of these drivers, 55% believed the police behaved properly during the stop.About 6 in 10 persons age 16 or older involved in street stops believed they were stopped for a…
↧
More Pages to Explore .....
