The following is a guest blog by a friend and colleague of mine by the name of Mike. I’m a regular reader of Avery’s blog, so I was well aware of the crackdown Minnesota police were conducting over the recent Labor Day weekend. Police were looking for speeders, drunk drivers, unbelted occupants and drivers who were texting behind the wheel. Living in Wisconsin, I find the blog interesting and entertaining, but warnings like these rarely affect me as I don’t travel much to Minnesota. However, this weekend was different, as some friends and I were heading to Burnsville for a wedding. We left for the wedding Friday after work, and it was dark by the time we crossed the Mississippi into the Land of 10,000 Lakes. I was riding in the passenger seat, and although I was privy to the crackdown, I didn’t feel it necessary to bring it to the attention of our driver, who was coasting along a couple miles over the speed limit. We had just merged on to 494-South when…
I Got A Ticket For Texting And Driving in Minnesota
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Lieblich & Shinar on Police Militarization
Eliav Lieblich and Adam Shinar (Tel Aviv University - Buchmann Faculty of Law and Interdisciplinary Center (IDC) Herzliyah - Radzyner School of Law) have posted The Case Against Police Militarization on SSRN. Here is the abstract: The police and the...
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MASSACHUSETTS JUVENILES AND ADULT ARE ARRESTED IN CONNECTION WITH STOUGHTON CVS SHOOTING
Usually, a stroll to the local CVS Pharmacy is something that you can assume will be non-eventful. Not in Stoughton. Not last week. Last week, three kids allegedly entered a Stoughton CVS, had words with another teen and then shot him. Continue reading
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FBI’s “End Justifies the Means’ Mentality Generating Increased Judicial Scrutiny
The FBI has a sordid history of being cavalier about the Constitutional protections guaranteed the people of this country, a reputation that lingers since the days of J. Edgar Hoover. This famed “crime-fighter” believed a citizen’s constitutional protections, especially to privacy and speech, are inconvenient obstacles to crime fighting. The truth is that Hoover was a pudgy, evil little troll who used the legal license of his agency to gather not only crime detection information, especially against the mafia and communists, but also to gather embarrassing information about perceived personal enemies and imagined enemies of the State, so he could use it for blackmail and extortion purposes. He was the most feared person in Washington during the nearly 50 years he ran the FBI. War on Terror Hoover-esque The so-called “war on terror” declared by former President George W. Bush has opened the door for a return of Hoover-type crime…
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Racial Preference Explicitly Enters Criminal Law
It's bad enough that racial preference has entered numerous areas of civil law, including employment quotas and college admissions. But once the premise of racial preference took hold in those areas, it was likely -- some might say inevitable -- that it would seep into criminal law. Indeed, some might say it was intended all along.In Massachusetts, it has. The Supreme Judicial Court in that state has held that circumstances that would warrant a Terry stop of a white person do not necessarily warrant the same outcome for a black defendant. The latter, so says the Court, would have reason to run from the cops that a white defendant lacks. Therefore, what would count as reasonable suspicion to detain the white man would fall short in the case of the black one, even if all the non-race based circumstances are identical.The story is here on CNN.I could write a long entry about how poisonous this decision is, and I may yet.…
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Crying In Baseball
I recently heard someone talk about the power of being intensely passionate about something that you know deep down is really not that important. And it is just possible that my love of, perhaps obsession with, baseball -- and the New York Mets -- might fall into this category. For close to fifty years, I have closely followed a team that has provided endless drama, occasional miracles and an inordinate amount of heartache and heartbreak. It is a passion that I take very seriously -- just ask the petrified trick-or-treaters who happened to knock on our door last Halloween when Daniel Murphy booted a grounder in the 8th inning of Game #4 of the World Series, and heard some choice and very loud expletives coming from the man on the couch. But last night's game against the Miami Marlins -- a pivotal one for the Mets, who are in a three-way battle for a wild card berth -- surely tested the theory about what really…
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Certificates of Relief From Civil Disability: After Federal Convictions
When individuals convicted of a crime in New York wish to expunge or seal their records, they find that this mechanism is permitted under very limited circumstances. Instead, the more prevalent method to retain employability and restore lost civil rights is a request for a Certificate of Relief from Civil Disability made either to the sentencing judge or state parole office. Many individuals convicted of crimes in the New York state system avail themselves of this opportunity. What is rarely discussed – and almost never done – is a request for a Certificate of Relief from Civil Disability in the federal system. Federal Certificates of Relief from Civil Disability No mechanism exists in the federal system to expunge arrests and convictions, except in very rare circumstances; the federal expungement statute covers crimes including possession of small amounts of some controlled substances (18 U.S.C § 3607), but that’s all. Short…
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Oosterhuis & Loughnan on Historical Perspectives on Forensic Psychiatry
Harry Oosterhuis and Arlie Loughnan (Maastricht University - Faculty of Arts and Social Sciences and University of Sydney - Faculty of Law) have posted Madness and Crime: Historical Perspectives on Forensic Psychiatry (International Journal of Law and Psychiatry, Vol. 37,...
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SCOTUSBlog: The Court after Scalia: The despicable and dispensable exclusionary rule
SCOTUSBlog: The Court after Scalia: The despicable and dispensable exclusionary rule by Akhil Amar: Akhil Reed Amar is Sterling Professor of Law and Political Science at Yale University. His new book, The Constitution Today, contains much more material on several … Continue reading →
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13 Accused Of Telemarketing Fraud in South Florida
Thirteen people, mostly from South Florida, are facing federal charges of mail fraud and conspiracy for allegedly defrauding approximately $23 million from investors — mostly seniors — around the nation. According to investigators, two linked telemarketing frauds, based in Miami Lakes and Marina Del Rey, Calif., touted stocks for Sanomedics Inc. and Fun Cool Free stocks between 2009 and 2015. The telemarketers claimed to be selling profitable shares in companies that provided thermometers for humans and dogs and games for smartphones, according to authorities. Five of the 13 arrested were also charged with wire fraud. Due to the increase in telephone scams over the past few years, the federal government along with state authorities have been cracking down on any suspected telemarketing fraud schemes. If you or your company is under investigation for fraud or you are facing criminal charges, it is best to seek legal counsel as soon as possible. Telemarketing fraud…
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Report: Drunk Driver Allegedly Hits Pedestrian in Attleboro and is Chased by Witnesses
While jogging may be good exercise, it can also be quite dangerous along busy roads, particularly given the presence of drunk drivers. For this reason, joggers should exercise as much caution as possible and always wear proper reflective clothing. However, despite the need to take these precautions, there is no valid excuse for when a drunk driver negligently hits a pedestrian or jogger. Unfortunately, it continues to happen far too often. According to a recent news feature from ABC 5 Boston, witnesses to an alleged drunk driving accident involving a jogger decided to chase after the suspect when the suspect fled the scene. This accident occurred in Attleboro, Massachusetts at around five in the afternoon. The jogger was in his 50’s, and authorities have said that his injuries were very serious in nature and appeared to be life threatening, though his exact condition is unknown as of this time. Witnesses say that after the suspect allegedly hit…
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Warrants for Possible Future Crimes: The Use of Anticipatory Search Warrants
What is an Anticipatory Search Warrant? Typically search warrants issue under the Fourth Amendment when a magistrate or district judge finds probable cause to believe that a residence, safety deposit box, vehicle, or some other vessel contains evidence of a crime. For example, if a police officer or federal agent requests a warrant to search a home that officer is likely to fill out an affidavit containing facts to support that the residence holds drugs, computers, money, records, notes, photos, or some other type of evidence. Basically, these searches look at facts in the past and present alleging that a residence, or some other vessel, currently holds evidence or contraband. However, courts also have the power to authorize future searches based upon a belief that items not currently at the target site will arrive there in the future. Such forward-looking warrants are known as anticipatory search warrants. For example, if a shipment of methamphetamine is set to arrive at a…
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Police Shootings in Tulsa and Charlotte
Attorney Page Pate speaks with CNN International about the recent use of deadly force by police officers in Charlotte, North Carolina, and Tulsa, Oklahoma. Page discusses the types of… read more → The post Police Shootings in Tulsa and Charlotte appeared first on .
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No Longer a Mirage: FCPA Compliance and Cooperation Has Its Benefits
On September 12, 2016, the SEC announced that it had reached a settlement with Jun Ping Zhang (“Ping”), a former executive of a Chinese subsidiary of Harris Corporation (“Harris”), regarding alleged violations of the Foreign Corrupt Practices Act (“FCPA”). The settlement was unusual, in that the SEC declined to also bring charges against Harris, an international communications and information technology company. The SEC’s investigation against Ping found that, as chairman and CEO of a Chinese subsidiary of Harris, he had authorized and facilitated a practice of giving gifts (between $200,000 and $1 million) to officials at state-owned hospitals in China that resulted in awarding $9.6 million in contracts to the subsidiary. In particular, with Ping’s knowledge and under his management and supervision, the subsidiary’s sales staff fabricated false expense claims to generate cash for the gifts. These false expense…
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Knowing the Facts About Standard Field Sobriety Test for DWI
Understanding Standard Field Sobriety Test Can Help in DWI Defense The nationwide crusade against impaired driving of all types continues to intensify in the U.S., and drivers are increasingly at risk of being pulled over and asked to undertake a field sobriety test. This is perhaps to be expected considering the seriousness of impaired driving, but knowing what to expect and what your rights are can help to avoid a potential DWI charge. Driving under the influence of alcohol or drugs continues to take a toll on lives and property, costing billions of dollars each year, as well as the loss of personal freedom and privacy. However, it should be noted that these tests have been challenged as scientifically unsound. The research behind their creation is highly questionable, and there are reasons a driver might fail them other than intoxication, such as a medical condition, incomplete directions, environmental conditions, and more. Nevertheless, if a law enforcement officer has…
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Rudy and Donald Sitting in A Tree: The Former "Comb-over Twins"
Rudy Giuliani, the most contemptible Republican ever (ok, maybe along with Dick Cheney), wants Trump to bring up Monica Lewinsky in the next debate. Seriously? Rudy, whose alleged extra-marital dalliance with his ex communications director... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Page Pate’s Commentary on “Stop and Frisk” Published by CNN
Attorney Page Pate’s appears on CNN’s site following the first election debate in response to Republican Candidate Trump’s assertion of the need for more “stop and frisk,” in light of… read more → The post Page Pate’s Commentary on “Stop and Frisk” Published by CNN appeared first on .
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Abandon fatalism, embrace accountability on police shootings
The Dallas Morning News editorial board has struggled of late to discern a viable path forward in the aftermath of the shooting deaths of five DPD officers in July and the continued, periodic videos emerging of wrongful or questionable police shootings. A recent staff editorial titled, "Police reform easy to demand, tough to deliver," typified their opinions since the shootings. At root:Something must be done to ease the escalating tension and mistrust between law enforcement and communities of color. Reform, however, is easy to demand and tough to deliver, especially when you're dealing with 15,400 local law-enforcement agencies nationwide. And nothing will be effective until we get beyond the simplistic black-lives-vs.-blue-lives impasse.Grits appreciates the "something must be done" part, but I'm much more sanguine than the News that police reform is possible. For starters, that's because I concern myself only with the 2,500 or so law…
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Happy Birthday and Open Thread
It's never my birthday until I see a chocolate cupcake with icing and a cherry on top! I'm grateful to be younger than the candidates running for President. Birthday wishes (and donations for a birthday drink, paypal here) are... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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"Racial Disparity in Marijuana Policing in New Orleans"
The title of this post is the title of this recent report from the Vera Institute of Justice. (The report was released a couple months ago, but I just saw it today.) Here is an overview of the report from this Vera website: In national research, self-reported marijuana use is...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/avWOimpixj4" height="1" width="1" alt=""/>
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