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UPDATE EB US12@13.8

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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: **** UPDATE NEW INFORMATION **** The motorhome is being removed now, the eastbound lanes of US12 at milepost 13 will be blocked for approximately…

UPDATE EB US12 @13.8 with photo

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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: **** UPDATE NEW INFORMATION **** The motorhome is being removed now, the eastbound lanes of US12 at milepost 13 will be blocked for approximately…

Injury Crash US95 @367.2

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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 #: L16001505 District: District Two --------------------- PRESS RELEASE ----------------------------- DATE: 11/20/2016 TIME: 6:17 AM LOCATION: Northbound US95 milepost 367.2 ASSISTING AGENCIES: Latah County Sheriff's Office, Potlatch Fire and Ambulance ------------- VEHICLE #1 DRIVER: Jared Brooks AGE: 44 ADDRESS: Shelton, WA INJURIES: Yes HOSPITAL/LOCATION TAKEN: Gritman Medical Center VEHICLE YEAR: 2003 VEHICLE MAKE: Ford VEHICLE MODEL: F250 WRECKER: Moscow Auto SEATBELTS/HELMET WORN: Yes PASSENGER(S): David Robertson ADDRESS: Shelton, WA INJURIES: Yes HOSPITAL/LOCATION TAKEN: St Joseph Medical Center -------------…

Top-Ten Recent SSRN Downloads in Criminal Law eJournal

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are here. The usual disclaimers apply. Rank Downloads Paper Title 1 287 Righting Security: A Contextual and Critical Analysis and Response to Canada's 2016 National Security Green Paper Craig Forcese and Kent Roach University of Ottawa - Common Law Section...

Should I tell the cops I have weed in the car? I don’t want to lie to the police.

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Getting pulled over sucks, it sucks worse if you have weed in the car. At best you get a warning and just lose a few minutes of your time. At worst, you get arrested for and  go to jail facing the prospect of more jail and fines in your future. The goal of most people who get pulled over with pot in the car is not to get arrested. That’s an ok goal, but doing things that might make the police like you more, also make your case more difficult for me if you do get arrested. “Do you have any drugs in your vehicle?” Continue reading

What is a Theft and Larceny by False Pretenses in New York: NY PL 155.05(2)(a)

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In the State of New York from Manhattan to Buffalo, Brooklyn to Syracuse and Queens to White Plains, the New York Penal Law reigns supreme. While each Judicial Department (there are four) may interpret the law differently, when the Court of Appeals rules, its decision must be followed by all prosecutors, criminal lawyers and judges throughout the Empire State. Regardless of whether you are arrested in New York City or Yonkers, if you are accused of a Grand Larceny or Petit Larceny the law mandates that it occur through one of the statutorily recognized means outlined in New York Penal Law 155.05(2)(a). Charged with PL 155.25, PL 155.30, PL 155.35 or faced with any other arrest for any larceny crime or degree, the wrongful taking must occur by common law larceny by trespassory taking, common law larceny by trick, embezzlement, or obtaining property by false pretenses. As a general premise, when the theory of a prosecution is that a wrongful taking and theft is based in a false…

Former Deputy Attorney General Larry Thompson Comments on Senator Jeff Sessions Nomination for AG

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Co-blogger Solomon Wisenberg noted here that "[a]nyone who thinks this will be an easy nomination to put through, because Sessions is a sitting Senator, is in for a big surprise. It will be a bruising battle." I would add that...

Is Your Mind Set?

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Karl went to the store to buy a set of tools to fix his car. Only when he got home did he discover that all of the wrenches were SAE instead of metric. Discouraged, he walked back toward the store. On the way Karl stopped, deep in thought. But while he stood there the freshly poured concrete of the sidewalk set, and Karl lost his best pair of shoes. Demoralized, he turned back home in his socks. But Karl got lost in the dark, because the sun had already set. And for all we know he still wanders lost, in his stockinged feet, carrying the wrong set of tools.

Lawyers as specialists, not advocates for all seasons.

My New Book Out Soon: “Wisconsin Sentencing in the Tough-on-Crime Era”

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I now have a publication date for my new book: January 17. The excessively long, but nicely descriptive, title is Wisconsin Sentencing in the Tough-on-Crime Era: How Judges Retained Power and Why Mass Incarceration Happened Anyway. More information (including how to order a copy) is available through the University of Wisconsin Press. I’ll be doing a release event at Boswell Books in Milwaukee on January 17 at 7:00 p.m.

Federal Criminal Trials: A Vanishing Species?

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Attorneys who regularly represent clients in federal court understand one disturbing trend—U.S. attorneys are doggedly trying to force criminal trials to a point of extinction. It can be said that many criminal defendants are, in fact, guilty and their admissions to that guilt are what keep the wheels of justice turning as smoothly and efficiently as possible.   That is a convenient argument, but it excuses the pressure U.S. Attorneys routinely employ in the federal system to remove criminal trials from the “search for truth” equation. And this pressure-to-plead strategy can have disturbing, even tragic consequences in our criminal justice system.   Exonerations Hit Record High   For example, the National Registry of Exonerations reported that 2015 set a record for exonerations in this country: 149. Sixty-five of those were for convictions based on guilty pleas and another 27 were for convictions based on false confessions. In other words, 92 of…

Sierra-Arevalo on Legal Cynicism and Protective Gun Ownership

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Michael Sierra-Arévalo (Yale University, Faculty of Arts & Sciences, Department of Sociology, Students) has posted Legal Cynicism and Protective Gun Ownership Among Active Offenders in Chicago (Cogent Social Sciences, Volume 2, Issue 1, 2016) on SSRN. Here is the abstract:...

Traffic Stop Near Caldwell Results in Marijuana Seizure

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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: 11/21/16 2:29 p.m. Please direct questions to the District Office On November 16th at 12:57 p.m., the Idaho State Police conducted a traffic stop on eastbound Interstate 84 near milepost 28, near Caldwell, Idaho. During the traffic stop, approximately 55 pounds of marijuana was seized. The driver and sole occupant of a Toyota Sienna was Huu Tran, a 55 year old male from Brick, New Jersey. Tran was arrested and booked at the Canyon County Jail for Marijuana Trafficking in excess of 25 pounds. The estimated street value is approximately $165,000. EH/KJ -------------

News Scan

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Four Cops Shot in Three States on Sunday:  Four police officers were shot, one of them fatally, in three states on Sunday, three incidents of which appeared to be targeted attacks.  Fox News reports that by Monday, police in San Antonio, Tex., still had not apprehended the suspect who fatally gunned down 20-year veteran Detective Benjamin Marconi, 50, while he sat inside his patrol vehicle writing a ticket on Sunday afternoon.  He was shot twice in the head at close range, the final shot fired as the gunman reached inside Marconi's passenger window.  The gunman was not the person Marconi had stopped and was administering a ticket to.  By Sunday evening, a St. Louis police sergeant, also a 20-year veteran, was shot twice in the face while driving down the street, but is expected to survive.  The gunman, who shot at the officer from another car, was later killed after exchanging gunfire with others officers, none of whom were injured. …

Florida Uttering Forged Card Charge Did Not Apply to Gift Card

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In Florida, there are a variety of criminal statutes that deal with fraudulently using a credit card or altering a credit card to use it in an unauthorized manner.  When a defendant allegedly violates one of these criminal statutes, it is up to the state to make sure they charge the appropriate crime.  If they do not use the correct charge, the case might get thrown out. For instance, in a case just south of Jacksonville, Florida, the defendant had apparently used altered gift cards to purchase items at a grocery store.  The manager at the grocery store noticed that the gift cards had been altered and called the police.  When the police arrived and arrested the suspect, they found more altered gift cards in his possession.  The state charged the defendant under a Florida statute that deals with using an altered credit card to fraudulently obtain goods or services.  The criminal defense attorney moved to dismiss the charges because the credit card…

CFPB Report Highlights Continued Focus on Mortgage Redlining

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In its Fall 2016 Supervisory Highlights report, issued October 31, the Consumer Financial Protection Bureau (CFPB) identified mortgage redlining as an ongoing “priority area” in the Bureau’s supervisory work.  In the mortgage industry, “redlining” is a form of disparate treatment where a lender provides unequal access to credit, or unequal terms of credit, on the basis of race, color, national origin, or other prohibited characteristics of the geographic area in which the credit seeker resides or wishes to reside in.  Redlining takes its name from the historical practice of mortgage lenders drawing actual red lines on maps to delineate areas where credit was restricted or unavailable. The Bureau’s ongoing focus on redlining issues dovetails with its now one-year-old rule expanding the scope of mortgage lenders’ mandatory reporting under the Home Mortgage Disclosure Act (HMDA). In its fall Supervisory Highlights report, the…

Don’t Let A DUI Ruin Your Thanksgiving

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There’s so much to be thankful for this time of year and even more love to go around. Just thinking about all the food and fun you get to share with friends and family is enough to get you excited for the Thanksgiving holiday this Thursday. While this is a wonderful time of year, Thanksgiving is also the holiday where drivers and pedestrians are more at risk of accidents. With Blackout Wednesday right before and Black Friday right after, Thanksgiving is sandwiched in between a night of partying and super sales that bring more people out of the house and on the roads than usual. The four day weekend usually tempts people to drink more than usual as well. Why? Experts have chalked this up to both environmental and emotional factors. The holiday can be a time to relax and hang out with family and friends, but also a time of stress and anxiety. In fact, for some people, Thanksgiving increases feelings of isolation. This, combined with anxiety and stress, could cause them to…

"Four Ways Drug Policy Reformers Must Play It Smart Under the Trump Administration"

Naked Security: Campaigners bid to delay Rule 41 ‘legal hacking’ bill

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Naked Security: Campaigners bid to delay Rule 41 ‘legal hacking’ bill by Lisa Vaas: Two weeks before a December 1 deadline for a federal rule that would let feds hack you wherever you are, lawmakers made a last-ditch effort to … Continue reading →

How Witnesses Work in OUI Cases

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If you get pulled over in the state of Maine, arrested, and charged with operating your vehicle under the influence of alcohol (OUI), then you'll find yourself being flung headlong into the criminal justice system. As your case winds its way through the system and you get closer to a trial, evidence that you did or did not commit the crime of OUI will come to light. For example, there will be the results of a breathalyzer or a blood test to show your blood alcohol content (BAC), or your refusal to take one. In addition to BAC evidence, though, there may also witness evidence from both police officers, lay witnesses and expert witnesses. Police Witnesses A police officer, of course, has direct knowledge of your case. He stopped your car, spoke with you, administered field sobriety tests and gave you a breath test. The officer must appear in court and testify against you in order for the state to prove their case. Lay Witnesses A lay witness is someone who has direct…
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