Center for Democracy and Technology: Supreme Court Should Speak Up on Cell Site Location Information by Natasha Duarte: It’s time for the Supreme Court to decide whether law enforcement needs a warrant to access cell site location information (CSLI). Today, … Continue reading →
Center for Democracy and Technology: Supreme Court Should Speak Up on Cell Site Location Information
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ABAJ: Oregon civil rights lawyer files First [and Fourth] Amendment suit over surveillance of his Twitter account
ABAJ: Oregon civil rights lawyer files First Amendment suit over surveillance of his Twitter account by Debra Cassens Weiss: The top civil rights lawyer with Oregon’s Department of Justice has filed a lawsuit claiming surveillance of his Twitter account violated … Continue reading →
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OU Homecoming 2016: A Sooner Tradition
The University of Oklahoma is a special place to the attorneys at Laird Hammons Laird, and that’s why we’re proud to sponsor OU Homecoming 2016. If you walk through the Laird Hammons Laird offices, you’ll notice plenty of OU diplomas on the walls — 14 altogether. Founding partner Jeff Laird has had season tickets since 1973 and has attended 43 OU/Texas games. “I love to be a part of the crowd,” he said. “The atmosphere when the team makes a big play and the enthusiasm is something to experience.” The firm’s newest attorney, Amanda Everett, comes from a long line of Sooner fanatics, and she loves attending football games. “There are so many things I love about being a Sooner,” she said. “One of my favorite parts of attending the home games is when the whole crowd holds up one finger and we do the OU chant. It is a great part of being an OU alum, and it is always a special moment for Sooner grads.”…
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What Can Diversity Teach Us?
A while back, I read a post about how young lawyers can promote themselves by getting gigs at Continuing Legal Education presentations to show off for older lawyers, the ones with business to refer out. The irony, of course, was that it neglected to explain what a lawyer who had no clue could teach a lawyer who did, but since the baby lawyers who read drivel can’t think that hard, nobody noticed. But since the wall of required CLEs had broken free of competent content, the ABA saw the opportunity to push its agenda into the mix. In June 2016, in response to the efforts of the ABA’s “Diversity & Inclusion 360 Committee,” the ABA Board of Governors adopted a new ABA Rule for all ABA-sponsored Continuing Education (CLE) Programs. The ABA intends that this new rule be mandatory, not aspirational. It will “take effect March 1, 2017.” This new rule does not remove barriers to equal opportunity nor does it promote intellectual diversity.…
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D.Guam: Traffic ticket delayed by 20 min, but RS existed on collective knowledge
The officer delayed writing the traffic ticket in this case for 20 minutes after the report back on defendant’s license, so Rodriguez was seemingly violated. So, the question is reasonable suspicion. The collective knowledge doctrine, however, of reasonable suspicion gives … Continue reading →
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Valuing Life: The Conundrum
Judge Jack Weinstein raised a very interesting, and difficult, problem when he rejected the valuation of future income in a tort case of a 4-year-old boy who suffered mental disability from the ingestion of lead paint. Attorneys representing G.M.M. said $3.4 million was the right number, arguing that the boy would have had a bright career ahead of him; both of his parents had graduated from college and his mother received a master’s degree, according to the court documents. But the landlord’s defense put the figure at less than half that – $1.5 million. Attorney Roger Archibald noted that because the boy was Hispanic, G.M.M. was unlikely to attain the advanced education that would garner such a large income. “The [proportion] of Hispanics attaining master’s degrees was in the neighborhood of 7.37 percent,” Archibald told the court. See the problem? Projecting future earnings is based on a statistical analysis, and statistical analysis…
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UT: State failed to prove inevitable discovery after warrantless entry into home investigating hit and run accident
Two police officers went to defendant’s home because the LPN on the car involved in a hit and run came back to that address. At the house, the housekeeper greeted them and said that defendant probably was driving the car. … Continue reading →
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CO: State didn’t prove necessity for impoundment of car for driving on a suspended DL
The state failed to prove that defendant’s driving on a suspended license justified impoundment and inventory of the car. The state didn’t offer evidence to show that defendant would drive off from the ticket or that he would imperil other … Continue reading →
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VA: Filing wrong version of affidavit in the return fatal error under statute
The version of the affidavit filed with the clerk after the search was not the one issued by the judge, and this is a fatal error, considering the statute on the subject. The statute being violated, the Fourth Amendment doesn’t … Continue reading →
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S.D.Ohio: Clause in SW that is overbroad requires def to show what was seized under it
One overbroad clause in the search warrant didn’t require exclusion of the rest that was specifically covered. Defendant also didn’t show that which was seized under the overbroad section to have it excluded. United States v. Traum, 2016 U.S. Dist. … Continue reading →
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Guam: Anonymous report of man in car with gun didn’t satisfy Navarette
Anonymous report of man with a gun in a car led to defendant’s stop, and the court finds it insufficient under Navarette because there was no allegation of a crime. People v. Mansapit, 2016 Guam 30, 2016 Guam LEXIS 28 … Continue reading →
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D.Neb.: Def could file second motion to suppress on different ground; this one prevails for lack of PC and no GFE
Defendant filed a motion to suppress on one ground and lost. He was not prohibited by law of the case from arguing the different issue of a complete lack of probable cause in a subsequent motion, on which he prevails. … Continue reading →
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FL2: Fireman reported to LEO that he saw drugs in house; police entry couldn’t rely on inevitable discovery where no effort to get warrant
A fire happened at defendant’s house, and the firefighters put out. They saw some drugs and drug paraphernalia in the garage and told the police. On resweeping the house yet a second time for no apparent reason other than to … Continue reading →
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MA: Seizing backpack from impounded car was unreasonable where def’s grandmother was present and would have taken it
Defendant’s grandmother came to the scene of his stop where his car was being impounded. The contents of the car, here a backpack, could have just been given to the grandmother rather than seize and search it, too. Commonwealth v. … Continue reading →
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IN: Failure to show CI’s basis of knowledge and reason to believe him was a failure of PC and GFE
Defendant was charged with illegally harvesting ginseng based on a search warrant that lacked a proper showing of informant hearsay with no showing of basis of knowledge or why it would be believable or should be credited. Turning to the … Continue reading →
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Anthony Weiner Sexting Scandal Resuscitates Clinton Email Case
Ask any of the best federal criminal lawyers in Connecticut who deal with FBI investigations…it is extremely unusual for the FBI to ever tip their hand by issuing a press release which reveals information about developments in their investigation prior to an indictment. So yesterday’s stunning announcement by FBI Director James Comey that the FBI would reopen the Hillary Clinton email investigation based on the discovery of new evidence took the country by surprise…but the surprise to criminal defense lawyers was the announcement itself… Weiner’s Sexting Scandal Is Responsible for All This While FBI Director Comey indicated that the case re-opening was triggered by an “unrelated case,” it’s clear that the current state and federal investigations into Anthony Weiner’s alleged sexting with a 15-year-old in North Carolina was the source of the new information and evidence. If the sexting allegations against Weiner took…
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SCOTUS takes up Booker/mandatory sentencing issue and two sex-offender collateral-consequences cases
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Governor Rauner decides a total of 366 clemency petitions during months of September and October 2016
On October 7, 2016, Governor Rauner decided a total of 240 clemency petitions, granting 5 and denying 235. Back on September 2, 2016, Governor Rauner decided a total of 126 petitions for executive clemency, granting 8 and denying 118. Presently, there are less than 50 petitions remaining to be decided from previous administrations. I am currently awaiting more information from the Illinois Prisoner Review Board as to what types of petitions were granted and will post an update here as soon as I have more information.
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Some registered sex offenders exempt from residency rules
10-29-16 Iowa: SIOUX CITY, Iowa (AP) — Desiree Navin moved with her two young children to a home on Sioux City's west side earlier this year. Her girls, Joeyanna, 7, and Jayceelynn, 5, were preparing to attend the nearby Liberty Elementary School this fall until she took them on a walk to a park near the school at 1623 Rebecca St. "I saw him sitting there relaxing with his dog over by the
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Non Disclosure Agreements, Severance Packages, and Demanding Payment for Silence: Understanding New York Extortion and Blackmail in the Workplace
On television, the internet, radio and print media, it is far from atypical to hear of a dispute between parties – often time famous or affluent people – whereby one side shuts his or her mouth and the other provides an undisclosed sum of monies. Sounds reasonable enough, right? Heck, if they do that in Hollywood and in the corporate realm, why cant you demand compensation for your silence? You pay me and I promise not to expose any bad thing about you. Taking this belief a step further or at least in another direction, can you advise an employer that if he or she does not provide you some form of property, usually a sum of money, you are going to expose them as frauds? Is this whistle blowing? What if there is or was no fraud? Now does it become Blackmail or Extortion? It would be great if this blog would answer any of the scenarios above, or, for that matter, the question that likely caused you to land on the CrottySaland.Com or NewYorkCriminalLawyerBlog.Com…
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