Police One: How license plate readers are helping one California PD catch more criminals by PoliceOne BrandFocus Staff Police in La Verne use fixed LPR cameras to create a virtual fence around the city The following is paid content sponsored … Continue reading →
Police One: How license plate readers are helping one California PD catch more criminals [a paid ad on PoliceOne.com by the seller]
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Police One: What cops need to know about blood alcohol testing and the Fourth Amendment
Police One: What cops need to know about blood alcohol testing and the Fourth Amendment by Terrence P. Dwyer: Make sure you’re current on your state’s driving while intoxicated and implied consent laws Driving while intoxicated is a serious offense … Continue reading →
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US Sentencing Commission getting an early start on possible guideline amendment
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"Getting sex by saying ‘If you don’t have sex with me I will find someone who will’ = rape or sexual assault?"
Eugene Volokh has this post at The Volokh Conspiracy, quoting a statement from the Clark University Dean of Students.
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More Cities Criminalizing Homelessness Dallas Criminal Defense Lawyer
Advocates say that sleeping is a human necessity and that cities that wish to make sleeping in public illegal have a moral and legal obligation to provide adequate and affordable housing Homelessness is a major problem in some cities across the country. Likewise, certain states struggle with homelessness more than others. For example, Hawaii has one of the highest homeless ... Read More The post More Cities Criminalizing Homelessness Dallas Criminal Defense Lawyer appeared first on .
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Rockwall Municipal Court- Don’t just pay the ticket!
So you’ve got a ticket case in Rockwall and you want to take care of it. No one really has time to spend fighting a ticket case, so many people who get a citation just pay the ticket. Let me tell you why that’s not a great legal strategy. Paying a ticket means being convicted. Now if your case is in Rockwall Muni court, then it is a class C misdemeanor. The most commonly litigated class C misdemeanors are traffic tickets. If you have a CDL, you don’t want any convictions. It really screws up your ability to CDL. If you have a regular license to convictions can screw up your license and insurance. If you just pay the ticket, guess what? You just got convicted. There are also common non-traffic cases heard in Rockwall Municipal Court like Continue reading
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LA Rams Football Star Arrested for DUI
California Highway Patrol officers received a call this weekend, stating that a white Mercedes had crashed with a big rig on the 101 freeway just before 8am on Saturday morning. Officers arriving at the scene say that one of the drivers claimed to be Troy Hill of the Los Angeles Rams. Hill was allegedly driving the white Mercedes that swerved to the right and caused a collision with the big rig. Officers claim that Hill showed signs of driving under the influence of alcohol or intoxication. After conducting several field sobriety tests officers determined that he was driving under the influence of alcohol or driving while intoxicated and made an arrest. Hill was taken to the Van Nuys police department and was booked for DUI, according to the CHP. After posting $15,000 bail he was released. Continue reading →
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Detroit Police Sued by Teens Arrested for Allegedly Interfering in Prostitution Sting
Recently it was revealed that two 17-year-olds and an 18-year-old were arrested after Detroit police claim the teens were interfering in a prostitution sting. The teens are now filing suit against police, saying they were mistreated when police ordered them out of a vehicle and handcuffed them. According to news reports two of the teens were waiting for the third to get off work while simultaneously police were conducting a prostitution sting at a CVS across the street. Police claim the teens were trying to warn a relative not to have any dealings with a prostitute who was undercover, however their lawyers maintain this behavior isn’t a crime. Ultimately, the teens were helping to stop a crime regardless of their intentions. A photo taken and posted via Snap Chat allegedly made the teens feel humiliated. Two of the teens were minors, and news reports claim police drove all three around before dropping them off and telling them to walk to Dearborn,…
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Deadly New Opioid Drug Carfentanil 100 Times More Potent Than Fentanyl
Opioid Drug In recent years there has been an immense effort to combat the availability of an opioid drug, such as fentanyl, in Massachusetts, which was brought about by an increased rate of opioid-induced death. Fentanyl, a Class B controlled substance under Mass. Gen. Laws Chapter 94C, Section 31, is used to cut other drugs, such as heroin or cocaine, and is extremely addictive. The use of fentanyl skyrocketed because it has the effect of enhancing the potency of other drugs that it is mixed with, but this is also what makes fentanyl so incredibly dangerous. Move Over Fentanyl, Carfentanil is the Newest Opioid Use of a new synthetic opioid is quickly stripping fentanyl of its former popularity, at least in the midwest portion of the country. Carfentanil is a powerful drug that is one hundred times more potent than fentanyl and ten thousand times stronger than morphine. Merely handling carfentanil incorrectly can be fatal if the drug enters the bloodstream through a cut or is…
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Ambiguous Florida Weapons Law Results in Felony Arrest For Student Possessing a BB Gun in School
In Florida, it is illegal for anyone to possess a “weapon” at school or a school-sponsored event without authorization. A violation of this criminal statute is a third degree felony that carries up to five years in prison. There are a variety of items that are considered “weapons” under the statute including razor blades and box cutters, in addition to the obvious weapons like guns and knives. There is also a separate Florida statute that adds other items to the definition of a “weapon” such as brass/metal knuckles, tear gas and slingshots. Whether other items are considered “weapons” under the statue is unclear. Pocket knives are specifically excluded from the definition of a “weapon”, but what is considered a pocket knife depends on its size and other characteristics. The obvious problem is that the Florida laws and statutory definitions do a poor job of telling students and…
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Trump Picks Defense Secretary, Retired Gen. Mattis
I haven't followed the news about Retired Gen. James Mattis. In reading he was chosen by Donald Trump to be Defense Secretary, I read a few things today. He and Trump likely get on famously. They both make appalling comments. Mattis is... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Driving with a Suspended License, the Pill Bottle and the Facebook Profile
This post examines an opinion from the U.S. District Court for the District of Kansas: U.S. v. Cooks, 2016 WL 6948065 (2016). The District Court Judge begins by explaining thatDefendant Gary Cooks was pulled over for driving with a suspended license. The traffic stop gave rise to a protective sweep that uncovered a pill bottle. And that pill bottle led to a search of the entire vehicle that uncovered a firearm in the trunk. As a result, Cooks is now charged with possessing a firearm as a convicted felon in violation of 18 U.S. Code § 922(g)(1). Cooks moves to suppress all evidence obtained from the search of his car.U.S. v. Cooks, supra.The opinion, as opinions usually do, goes on to explain how and why the case arose:On or about April 1, 2016, Officer Jared Henry of the Wichita Police Department responded to a reported aggravated assault. The victim claimed an individual had leaned out of a tan Chevy Impala and pointed a gun at her. The victim provided the…
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SCOTUS cert grant: County of Los Angeles v. Mendez: excessive force
SCOTUS grants cert in County of Los Angeles v. Mendez, 16-639, cert. pet. here, granting on questions 1 and 3. Questions presented: In a 42 U.S.C. § 1983 action, the district court concluded Los Angeles County Sheriffs Department (“LASD”) deputies … Continue reading →
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New Europol Report on ISIS Warns of More Attacks in Europe
Europol's counter-terrorism unit ECTC has released a new report on the changing tactics of ISIS. The report is called Changes in Modus Operandi of IS revisited and is available here. Among the key findings: [More...] In addition to France... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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THE NEW FEDERAL CRIMINAL PRACTICE BOOK FOR LAWYERS, DEFENDING A FEDERAL CRIMINAL CASE
I've gotten my greedy hands on the latest 2016 edition of Defending A Federal Criminal Case by the Federal Public Defenders of San Diego priced at $399.00 for three volumes. It is - as were the previous editions of this book - a definitive legal guide for federal defense lawyers and something every defense lawyer should have in that arsenal of last resort, the firm's legal library where the Jack Daniels whiskey is stored. It also makes for for some heavy lifting in lieu of your gym membership that lapsed some time ago should you heft them all together and throw them in your briefcase to say, fight some battle in federal court. I suggest carrying large helium balloons to help carry the load. Though I suppose the makers of this fine edition have solved that potential problem by also providing the book as a searchable PDF download. For a limited time certified CJA defense lawyers may get the books free of charge, after that you'll need to burglarize the…
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Avoid Mandatory Minimums, This Is What You Get
The Washington Post published a story today that should bring shame to the cheerleaders for "leniency" for "young offenders" in order to give them a "second chance." I've been asking for years, "A second chance to do what?" The Post, a liberal paper that supports sentencing "reform," has the admirable and astonishing honesty finally to answer that question (emphasis added):Hundreds of criminals sentenced by D.C. judges under a...law crafted to give second chances to young adult offenders have gone on to rob, rape or kill residents of the nation's capital....In dozens of cases, D.C. judges were able to hand down Youth Act sentences shorter than those called for under mandatory minimum laws designed to deter armed robberies and other violent crimes. The criminals have often repaid that leniency by escalating their crimes of violence upon release.Are the people who support avoiding, diluting (or, in some cases,…
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What Is Justifiable Homicide?
Are you being charged with murder? It may have been justifiable homicide (NRS 200.120). Read on to get a good understanding of what that means. In the eyes of many, the commission of homicide for any reason is an unforgivable act. These people will hold that anyone who has killed another individual is always deserving of punishment. Are they right, or are they wrong? Is there ever a legal excuse for taking another life? In criminal law, the answer to that question is sometimes yes. There are various situations in which the law views homicide as justifiable or legally excusable. If you are facing murder or homicide charges, it is vital to understand exactly which situations meet these specifications. Justifiable Homicide in Cases of Self-Defense Until very recently, legal tradition has held that only two types of situation would justify the use of deadly force. These would involve the fear of imminent death or the conviction that you are in danger of suffering serious bodily…
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News Scan
Police Officers Shot in Arizona & Washington: Veteran Tacoma, Washington police officer Reginald "Jake" Gutierrez was shot and killed Wednesday as he responded to a domestic violence call. CBS News reports that when Gutierrez and his partner arrived at the scene early Wednesday evening a woman told them that her husband had locked her out of their house. The officers entered the house and the suspect shot Gutierrez multiple times. After a standoff of several hours the suspect was shot and killed by a police deputy. On Thursday a habitual criminal shot two Arizona police officers when they were attempting to serve an arrest warrant in Tucson. Garrett Mitchell of the Arizona Republic reports that officer Jorge Tequida is in critical condition from the shooting while his partner officer Doug Wilfert, who was wounded in the leg, was treated and released. The shooter, Jose Noe Barron Gomez, was killed during the…
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"The Right to Redemption: Juvenile Dispositions and Sentences"
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Reviewing another week of developments and questions from Marijuana Law, Policy & Reform
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