Officers sent in a wired CI to do a heroin deal, and it was apparent listening to the wire was that the CI overdosed inside. The emergency aid exception applied to the police entry. United States v. Belser, 2016 U.S. … Continue reading →
E.D.Mich.: Hearing on wire CI OD’ing inside was exigency for police entry
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KEYS CHIEF ASA MANNY MADRUGA HAS PASSED AWAY
Tragedy struck the legal community as Monroe County Chief ASA Manny Madruga took his life this week. Here is the Keys article on the tragedy. Many of you know Manny as a top notch trial lawyer and State Attorney Cathy Vogel's right hand in running the Key's State Attorneys Office. Manny was a great prosecutor and that is how he would have wanted to be remembered. Being a prosecutor was all he cared to do, and tragically, when it became apparent that Dennis Ward, who used to be the State Attorney and was defeated by Vogel six years ago only to win the current election, was not going to keep Manny on as the chief assistant, Manny took his life. While Ward's actions were a cheap political shot well beneath the dignity of the office he will soon hold, he doesn't bear responsibility for this tragedy. Some things....the actions some people take...the feelings they have...they pain they are suffering, are unknowing and unknowable. And…
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There Is A Crown Victoria Lurking In The Shadows
Police commonly lay in wait for suspects at their homes. Armed with a search warrant for the home, the police wait until the suspect enters the curtilage of the home before revealing themselves and initiating the search. This tactic permits the police to forego obtaining an arrest warrant while increasing the scope of the search warrant to include what the suspect has on his person. Rarely, however, do police permit a suspect to get a block away from the house before springing into action. But on a snowy night in Grand Rapids, this is what happened to Kevin Price.In United States v. Price, police had staked out Mr. Price’s home in three vehicles (including a Crown Victoria). Price arrived at the home in a truck with a snowmobile trailer in tow. He exited the vehicle and briefly spoke to someone in a nearby idling car. Police interpreted Price’s actions in relation to the person in the idling car as consistent with a drug transaction (the police did not divine…
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Is it illegal to spank a child in Texas? Corporal Punishment
Spanking a Child in Texas Back in the day, it wasn’t uncommon for parents to spank their children with whatever they could get their hands on — belts, spoons, switches. Times have changed, of course, and corporal punishment is not nearly as open or acceptable as it used to be, which begs the question: Is it illegal to spank a child in Texas? The answer is yes — within limits. In Texas, the law gives parents, stepparents, grandparents and legal guardians leeway in disciplining their children, but it must be “reasonable” and not cross the line into abuse. Problem is, sometimes that line is blurred. The Line Between Reasonable Discipline and Child Abuse At what point does physical punishment end and abuse begin? We must use common sense and look to the law for guidance. Depending on the age of the child, abuse could fall under two categories: injury to a child or assault bodily injury family violence. Individuals accused of abusing a child under…
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Top-Ten Recent SSRN Downloads in Criminal Procedure eJournal
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 234 The Constitutional Right to Collateral Post-Conviction Review Carlos Manuel Vazquez andStephen I. Vladeck Georgetown University Law Center and University of Texas School of Law Date posted to database:...
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Property Damage Crash EB US12 @13.8
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 CASE #: L16001501 District: District Two --------------------- PRESS RELEASE ----------------------------- DATE: 11/19/2016 TIME: 3:32 PM LOCATION: Eastbound US12 milepost 13.8 ASSISTING AGENCIES: Nez Perce Sherriff's Office ------------- VEHICLE #1 DRIVER: Allen Wills AGE: 66 ADDRESS: Longview, WA INJURIES: No VEHICLE YEAR: 2005 VEHICLE MAKE: Safari VEHICLE MODEL: 42 foot motorhome WRECKER: Forest Wrecking SEATBELTS WORN: Yes PASSENGER(S): James White ADDRESS: Kelso, WA INJURIES: No ------------- INCIDENT NARRATIVE: Wills was eastbound on US12 at milepost 13.8 when the front right tire of his motorhome blew out causing the motorhome to go over the eastbound…
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Military Diversion Avoids any Criminal Conviction
Getting Clients into Military Diversion Have you ever heard of Veteran’s Court? Some people have, but even fewer people have heard of the Military Diversion Program. Diversion is a concept that was all but done away with back in the late 1990’s . Back then, if you were arrested for a drug crime, you could agree to waive time for 18 months to three years, remain crime free and complete an outpatient drug program in order to get your case dismissed. Since 1997, the deferred entry of judgment (DEJ) program replaced the drug diversion program. The big difference between the two programs is that in deferred entry of judgment, we have to enter a guilty plea. We get convicted based upon our plea. Sentencing is “deferred” for 18 months to 3 years and after successful completion of the program we can withdraw our plea and the case is dismissed. Sounds great, right? It’s not great if you are an active or reserve member of the…
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Whether police who clam up with the defense honor suspects’ decisions to clam up
In Virginia, as but a for instance, it is common for many police officers to hesitate to talk with defense lawyers about the evidence rather than referring them to the designated prosecutor to obtain information. Numerous ways exist to persuade police and other recalcitrant prosecution witnesses to talk, starting with the defense lawyer’s presenting a genuinely open and human approach that conveys no pressure to provide any information, that offers to chat generally as human to human, and that offers to share insights that the witness might not otherwise obtain. Nevertheless, nagging me when a police officer declines to discuss my client’s case is my recognition that plenty of police officers will not easily accept no for an answers when a criminal suspect refuses to talk. Yes, caselaw provides protections under the Fifth Amendment and Miranda (with Miranda, usually only for those in custody) for suspects who clearly and unequivocally refuse to talk to…
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E.D.Mo.: Welfare check of def in car led to opening door and smelling MJ, and that’s PC
“But even if the police lacked probable cause to search the van immediately upon discovering it, the undersigned concludes that Officer Yadlosky justified in opening the van door to check on the welfare of the occupant inside. Once the van … Continue reading →
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E.D.Tenn.: Def’s move with arm made officer grab his arm and then saw a holster; that’s RS
When defendant made a move with his arm, the officer could grab his arm for officer safety. That resulted in the officer seeking a holster and that justified a full search of the person. Ultimately, it was justified as incident … Continue reading →
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Bundesrat will Verringerung von Markteintrittshürden für Fintech-Unternehmen
Der Bundesrat hat am 2. November 2016 die Stossrichtung sowie erste Lösungsvorschläge betreffend die regulatorischen Rahmenbedingungen für Anbieter von innovativen Finanztechnologien („Fintech-Unternehmen“) vorgestellt (siehe Medienmitteilung und Rohstoff). Der Bundesrat hat dabei die Eckwerte für regulatorische Anpassungen in drei Teilbereiche aufgeteilt: (i) Spezifische regulatorische Anpassungen: für Geschäftsmodelle, die Gelder auf eigenen Konten temporär verwahren (z.B. Crowdfunding-Plattformen) soll die Frist für Abwicklungskonten gemäss Art. 5 Abs. 3 Bst. c der Bankenverordnung von gegenwärtig sieben auf 60 Tage erhöht werden, da z.B. die Mittelbeschaffung für ein Crowdfunding-Projekt in den meisten Fällen länger als sieben Tage dauert. (ii) Innovationsraum: die bewilligungsfreie Entgegennahme von Publikumsgeldern soll erweitert werden. Neu soll eine Person ohne Bankenbewilligung…
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New York Criminal Lawyer Blog Earns Top Ranking as Best Criminal Law Blog and Other Crotty Saland PC Successes
Jeremy Saland and Elizabeth Crotty, founding partners at the New York criminal defense firm Crotty Saland PC, are excited to announce that their New York Criminal Lawyer Blog finished as the top criminal law blog in the nation after the Expert Institute closed its polls and tallied all its votes. Competing against more than 500 blogs where north of 30,000 readers cast their votes for the best legal and top lawyer blogs, the New York Criminal Lawyer Blog did not merely compete, but took home this highest honor of “Best Criminal Law Blog.” Outpacing multiple dozens of law related blogs (or blawgs), the New York Criminal Lawyer Blog ranked as the best criminal defense blog both in New York and across the entire United States as per readers’ votes. Not stopping there, the blog reached as high as eighth overall across all categories during the top blog competition. The New York Criminal Lawyer Blog has continually served as a tremendous resources for those…
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Guest Post: See Something, Say Something (Like Bullshit)
Ed. Note: Long time reader and commenter, Patrick Maupin, provides an answer to a question that so many have asked, “what can I do?” He saw the opportunity to be heard and did something. It worked, so I asked him to write a post about it. Thank you, Pat. Back in July, I received a pre-recorded call on my cellphone. It was a breathless, chirpy female voice, probably Rachel from cardholder service’s little sister: Hi! We haven’t heard from you after the recent disaster in your area! Call the Wells Fargo Disaster Recovery Team at 1-888-818-9147 if you need financial assistance or need help rebuilding! In order to look outside and verify that the sun was still shining and the birds were still singing, I had to use my window — the walls and roof of my domicile seemed quite intact, so I wasn’t exactly sure what the disaster was, or what I was supposed to be rebuilding. The whole spiel sounded as bad (or as good) as the IRS calls, so I duly wrote…
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The All-Star Team Of Evil
With each new rumor, screams were heard. Rudy Giuliani as Attorney General? As Secretary of State? Chris Christie as White House doorman? The runt of the Sessions litter? Steve Bannon as anything? How could this be? They’re awful, terrible, racist, sexist, xenophobic, homophobic, white supremacists+. How was it possible that the president-elect chose these horrible people? Early signs of what the Trump administration may look like: A man associated with white supremacy and misogyny will be White House chief strategist; a man rejected for a judgeship because of alleged racism will be attorney general; and an Islamophobe who has taken money from Moscow will be national security adviser. No, this is not satire. I’ve repeatedly noted that my side lost this election, that elections have consequences, and that President-Elect Donald Trump should be given a chance. He seems intent on blowing that chance. Given a chance to do what, exactly? Make Lena Dunham Secretary of…
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Double Points In The Lincoln Bedroom
While everyone, myself included, has some fun with the pettiness of the president-elect’s reaction to an uncivil curtain call, a wonkish concern goes relatively unnoticed. Friday evening, the Washington Post reported that about 100 foreign diplomats gathered at President-elect Donald Trump’s hotel in Washington, DC to “to sip Trump-branded champagne, dine on sliders and hear a sales pitch about the U.S. president-elect’s newest hotel.” The tour included a look at the hotel’s $20,000 a night “town house” suite. The Post also quoted some of the diplomats saying they intended to stay at the hotel in order to ingratiate themselves to the incoming president. What? You didn’t know the guy had hotels? Of course you did. But you assumed that he would at least have the good sense not to engage in the transparent conflict of interest of using them as an opportunity for foreign governments to curry his favor. Donald Trump has decided…
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SURVIVOR WEEK 11 DEFAULT EDITION AND HAMILTON REVIEWS
We all lead busy lives and we try and squeeze in some exercise and some entertainment but along the way we sometimes get tripped up. Thus the sad saga of ace Survivor Pool player Clayton Kaeiser who last week sent us a pick of a team he had already picked. As the emails flew back and forth at a frantic pace and the opportunities for picks slipped away, it was only when all was lost did Mr. Kaeiser realize he was communicating with US and not one of the other pools he is in. Thus, having first made a pick of a team he had picked before, and then not having fixed it in time, he defaulted out. Meanwhile Dan Lurvey, secure in his Sunday pick of the Ravens hadn't realized they had played on Thursday night. But he fixed his pick in time and grabbed the Giants for a MNF win and he proudly marches on. Jason Ireland also fell last week, hoping for a Pack bounceback that fizzled. So now there are four!Here are the picks this week: RFFB: Cowpokes; De Lao Over- NE…
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Why Hire a Top New York Criminal Attorney For Your Out of State Federal or State Case?
I often receive calls from out of state individuals seeking representation for their criminal cases; sometimes I am even contacted by people outside of the United States seeking the best New York defense attorney they can find. There are a number of reasons why those charged with crimes all over the country want a New York criminal attorney to represent them – and there are reasons why out of state criminal defendants shy away from New York lawyers. In this entry, I will examine both sides of the issue and dispel some myths. At bottom, it is clear to anyone who actually works in the criminal justice system that when charged with a crime, one should simply hire the best lawyer he can find – wherever that lawyer may be, assuming he is either a member of that state or district’s Bar or can be admitted pro hac vice or for that one case only. Why a New York Lawyer May Be the Best Lawyer For the Case, Regardless of Where it is To begin, there are…
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Experienced Miami Cocaine Trafficking Defense Can Succeed
President Obama recently announced the sentence commutation of more than 100 federal prisoners serving decades-long penalties under arcane cocaine trafficking statutes. Obama has commuted the sentences of nearly 600 people this year, and over the course of his term, more than the last 11 presidents combined. Unfortunately, the vast majority of individuals arrested for cocaine trafficking in Miami will not be able to count on a presidential commutation or pardon. These charges potentially carry decades-long sentences, so it’s imperative that your Miami criminal defense attorney have the experience, skill and resources to properly defend your case. F.S. 893.123 is the state statute on drug trafficking and outlines the minimum mandatory penalties for the various charges. Contrary to popular belief, cocaine trafficking is not primarily the work of criminal masterminds or even career criminals. In fact, one need not even sell the drug to be arrested for…
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Domestic Violence Arrest in Florida for Girlfriend of FIU Tight End in Alleged Boiling Water Attack
A senior at Florida International University who played on the football team’s tight end was reportedly the victim of a domestic violence attack that has ended his career. The Miami Herald reports the Panthers’ 2017 NFL Draft prospect suffered severe burns on his head, neck, back, arm and shoulder after his girlfriend reportedly dumped boiling water on top of him. The woman, Mary Gaspar, 20, is reportedly five months pregnant with Jonnu Smith’s child, and has been charge with a single count of aggravated battery. Gaspar is also a student at the school, a junior who lives on campus. The couple were reportedly arguing in Smith’s dorm when defendant is alleged to have boiled the water and walked over and poured it on top of Smith. She reported she was livid over Smith’s failure to attend to their relationship and was feeling extremely stressed out and emotional. When Smith reportedly did not act strongly enough to the boiled water on his skin,…
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WV: Protective weapons search of def’s pants while EMTs treating him was reasonable
Defendant had been patted down and nothing was found, but he was wounded and EMTs were there. His pants were removed, and he was being treated. Before the ambulance took him away, he asked for his pants and the officer … Continue reading →
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