Making an election-season case to end felon disenfranchisement
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Jaime Galvez Toledo of North Lauderdale, Florida Arrested for Sexual Battery
Jaime Galvez Toledo of North Lauderdale, Florida, was arrested last week for allegedly forcing a teenage girl from Coral Springs to have sex with him. Toledo, 32, faces six counts of sexual battery and is being held in lieu of a $150,000 bond. It is unclear if he has acquired the services of an attorney. According to the arrest report, the alleged incidents took place between April and July this year in Toledo’s car and his North Lauderdale home. Toledo was the victim’s driving ed coach and was also reportedly assisting the girl’s family to move to South Florida. The victim told police that Toledo allegedly forced her into submission by threatening to stop helping her family if she refused to have sex with him. He also purportedly threatened the safety of her sibling to keep her under his control. Police claim to have conducted a “controlled call” between Toledo and the girl’s mother on September 29. During that call, Toledo reportedly told…
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Leading VP candidates talk a bit (encouragingly?) about criminal justice reform their only debate
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Fatal Crash NB US95 mp453.3 Careywood
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police Regional Communication Center - North 615 W Wilbur Ave Suite A Coeur d'Alene, Idaho 83815 Please direct questions to the appropriate District Offices District 1 (208) 209-8620 Fax (208) 209- 8618 District 2 (208) 799-5150 PRESS RELEASE FOR DISTRICT ONE CASE # C16002387 --------------------- PRESS RELEASE ----------------------------- DATE: October 4, 2016 TIME: 10:25pm LOCATION: NB US95 MP453.3, Careywood, ID ASSISTING AGENCIES: Bonner County Sheriff VEHICLE #1 ------------- DRIVER Unidentified Driver AGE Unknown INJURIES- Fatal HOSPITAL/LOCATION TAKEN ? Coffelts Funeral Home VEHICLE YEAR 1983 VEHICLE MAKE Oldsmobile VEHICLE MODEL Delta WRECKER Clydes Towing SEATBELTS- Unknown PASSENGER(S) PASSENGER Tasha L.…
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The Desktop Computer, “Authority” and the Consent to Search
This post examines an opinion from the U.S. Court of Appeals for the 7th Circuit: U.S. v. Wright, 2016 WL 5338528. The court begins by explaining that aday after police responded to a domestic dispute between Talon Wright and Leslie Hamilton, an investigator returned to the couple's apartment to follow up on suspicions that Wright was in possession of child pornography. With Hamilton's consent, the investigator searched the apartment and conducted a forensic preview of a desktop computer found in the living room. The preview revealed images of child pornography on the hard drive. Wright was indicted on child-pornography and child-exploitation charges. He moved to suppress the evidence recovered from the warrantless search of his computer, arguing that Hamilton lacked authority to consent. The district judge denied the motion. Wright pleaded guilty but reserved his right to appeal the denial of suppression and now does so.U.S. v. Wright,…
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Ayo and Iken Recap
Ayo and Iken Recap In this recap of a busy September for Ayo & Iken, we will take you through the many facets of what our attorneys have been up to from New Port Richey to Tampa and Orlando. Our attorneys handled a groundbreaking same-sex marriage case, a heartbreaking case of a child runaway, fought to protect an abused child, and taken on a case that has international implications. Our attorneys will also discuss future cases, some legal trends they are spotting, and offer a little advice in dealing with domestic violence injunctions. Here’s a look at what we have been up to: Cases in the Spotlight: New Port Richey Attorney Allison Belcher – I am working on a case concerning a same-sex marriage that has come to a divorce in which my client is fighting to maintain her rights to her children. The parties were married in a different state in 2010 prior to Florida legalizing same-sex marriage. After they were married through a…
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Illinois Domestic Violence Laws Struggle to Catch Up
Although domestic violence remains one of the more grisly aspects of criminal law, it is busy enough to keep the average attorney in work for a long time. Sadly, there are far too many people in Illinois who feel that it is acceptable for them to continue battering their intimate partners despite the fact that the law is clearly against them. However, in the quest to legislate and litigate issues of domestic violence; there is a danger of failing to account for the modern complexities surrounding the issue. For example, the notion that men are perpetrators while women are victims is beginning to fail the empirical test. All that happens is that many men who are victims feel that they will be stigmatized if they admit in open court that they have effectively been battered by their partners. The law is also not yet up to date when it comes to managing the incidents that occur amongst unconventional family structures including blended families and same sex couples. A New Reading…
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Overhead Surveillance Causes Privacy and Constitutional Concerns
Whenever drones, cameras, or other surveillance equipment are involved in our lives, the first question we usually have is how that technology will impact our right to privacy. This is particularly true when it comes to law enforcement, where the constitution provides us certain privacy rights, and restricts how and when the government can search our property. Baltimore Police Using Overhead Surveillance It was recently revealed that the Baltimore police department has been surveilling people from the sky, using a Cessna that was funded by a private donor. The news came as a surprise even to the mayor and the city council. Many are upset not just at the nature of the program, but over the allegation that it has been kept hidden for some period of time. Continue reading
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Rudy for AG?
Elise Viebeck has this post at the WaPo.Giuliani is eyeing the role of Trump's attorney general if he's elected in November, according to sources close to the process. And to campaign for it -- after all, he's got to beat Chris Christie -- he's giving the surrogate performance of a lifetime. Trump's preferred policy of stop-and-frisk? Giuliani claims it brought about an 85-percent reduction in crime in New York City. Black Lives Matter? "Inherently racist." And police relations? He's holding a meet-and-greet for Trump with Cleveland's police union Tuesday.Well, stop-and-frisk is a component of effective policing, and BLM is inherently racist, so there is nothing wrong in what Mr. Giuliani is saying and doing. Giuliani denied he's pursuing "any office or position in a future administration."* …
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WAMU (NPR): Police Said She Had An Open Container. Her Lawyer Asked For Body Camera Video
WAMU (NPR): Police Said She Had An Open Container. Her Lawyer Asked For Body Camera Video by Martin Austermuhle: Last month, defense attorney George Lyon picked up the type of case that doesn’t really make the news. His client had … Continue reading →
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Florida Mandatory Evacuations: Matthew Expected to Be Huge
Palm Beach is under a mandatory evacuation order. Hurricane Matthew is expected to be a Category 4 storm before touching down in Florida Thursday night. Right now it's over the Bahamas. (Warning: Auto-play video, it's unavoidable... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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How common are freight accidents in the US?
(Image Credit: wikimedia.org) As freight trucks are commonly used throughout the United States to transport and deliver heavy goods across the country, accidents with these trucks do happen. Since freight trucks are heavy vehicles, they can cause major damage to any property, vehicle or person they collide with. Continue reading
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Cell phone search Violated Fourth Amendment Massachusetts SJC rules as officer must establish specific reason to support evidence of criminal activity on the cell phone
The Massachusetts Supreme Judicial Court has excluded evidence obtained from the cellphone of the defendant in Commonwealth v. Onyx White following the Boston Police’s failure to prove probable cause for the warrantless seizure of the phone. The court affirmed that the warrantless seizure of a cell phone in the robbery-homicide investigation could not be justified by the detective’s personal judgment as to whether or not the cell phone contained important information relating to a case. The SJC ruled that the 68 day delay in the respective search warrant application was was unreasonable and that the Boston Police department should have prioritized the application for the respective search warrant or released the cell phone back to the defendant. About the Case After speaking with an administrative at the defendant’s high school based on his connection to a robbery-homicide, the administrative had informed the detective that she was in possession of the…
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Carter on The Effectiveness of Anti-Stalking Laws
Tracey Carter (Belmont University - College of Law) has posted Local, State, and Federal Responses to Stalking: Are Anti-Stalking Laws Effective? (22 Wm. & Mary J. Women & L. 333 (2015-2016)) on SSRN. Here is the abstract: Statistics show that...
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Recovering Forgotten Struggles Over the Constitutional Meaning of Equality
Katie Eyer, Ideological Drift and the Forgotten History of Intent, 51 Harv. C.R.-C.L. L. Rev. 1 (2016), available at SSRN. Helen Norton Legal history can help us overcome the distortions of time and distance that too often obscure our understanding of struggles both past and present. Katie Eyer’s Ideological Drift and the Forgotten History of Intent exemplifies this kind of legal history. Through painstaking analysis of a century of equal protection decisions by the Supreme Court, she seeks to explain a “perplexing feature of the Court’s early 1970s jurisprudence: the Court’s race liberals’ failure to pursue effects-based approaches to Equal Protection liability at a time when such approaches were gaining credence elsewhere.” In Washington v. Davis, 426 U.S. 229 (1976), for example, the Court held that the Constitution does not forbid the government’s facially neutral actions that create racial disparities, even if such disparities…
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CA8: Detention of def’s semi for SW on PC was reasonable
Defendant was not in custody in this child pornography when he was interrogated, and he even left the scene. “In light of the background investigation and Zavesky’s statements, law enforcement officers had probable cause to detain Zavesky’s semi-truck after observing … Continue reading →
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CA3: Verizon subscriber showed standing to sue NSA for seizure of all emails
Verizon’s turning over all emails to the NSA, reported in 2013, was sufficient for a Verizon subscriber to state standing to sue under Clapper. Schuchardt v. President of the United States, 2016 U.S. App. LEXIS 18025 (3d Cir. Oct. 5, … Continue reading →
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N.D.Ga.: Def’s stop on PC for drugs permitted Gant SI of the car
The officer had probable cause to stop and detain defendant for delivery of drugs based on the CI’s story coming together when defendant arrived. Therefore, the Gant search incident of the car for drugs was reasonable. United States v. Baskin, … Continue reading →
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Louis Stokes And An Unreasonable Articulable Suspicion
In a bizarre comparison, Nico Pitney at Huff Post compares Donald Trump with Louis Stokes, who argued for the petitioner in Terry v. Ohio before the Supreme Court. The connection is Trump’s support for the police tactic of “stop and frisk,” which Pitney uses to note: It’s a historical irony that Louis Stokes’s autobiography is being published now, just as Donald Trump has become the most prominent politician in recent memory to champion aggressive stop-and-frisk policing. Aside from sharing the same words, the police tactic and Terry bear little in common. At best, the former is a bastardization of the latter, parlaying the rubric without the slightest gasp of the rationale. Then again, it’s worked well publicly for New York Mayor Mike Bloomberg* and his police commissioner, Ray Kelly, who rode the stop and frisk horse to notoriety until SDNY Judge Shira Scheindlin held it unconstitutional in Floyd v. City of New…
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What Not To Wear, SJW Halloween Edition
After last year’s trauma at Yale, sensitive parents are wondering what they can do to prevent their children from being beaten by the mob. Fortunately, I’m here to help. No need to thank me. It’s for the children*. Dress your child in the wrong costume at your peril, as the socially just will do what they have to do to protect themselves from the trauma of seeing your darling little pirate and suffering terminal PTSD. That’s right. It’s not just that they’ll be denied candy. It’s not that they’ll be humiliated and turned away for being a cultural appropriator who microaggresses some homeowner by dehumanizing them with a Superman outfit (Kryptonians have feelings too, you scumbag). Expect legal action as well. After all, when you dress your “annoying little shits” as a sexist princess, you are intentionally traumatizing the woman of the house. Don’t you care about other people at all, you…
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