Beginning Jan. 22, 2018, travelers from Kentucky, Maine, Minnesota, Missouri, Montana, Oklahoma, Pennsylvania, South Carolina, and Washington will no longer be able to travel with only their driver’s licenses for domestic travel. This is because State DMV IDs from these nine states do not meet the federal government’s minimum security standards. Consequently, under the REAL ID Act of 2005, all federal agencies, including the TSA, will be prohibited from accepting driver’s licenses as ID from those states. In order for states to pass the federal government’s security standards, they must verify every ID applicant’s identity, put anti-counterfeit technology in the production of the card and conduct background checks on those who issue driver’s licenses. Moreover, even if you do not live in one of those 9 states, to day only 24 states (plus Washington, D.C.) currently comply with the rules set forward in the REAL ID Act. They…
Driver Licenses From Nine States Won’t Be Valid IDs for Domestic Flights in 2018
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Juvenile Delinquency Cases, Texting, and Use of Social Media
Earlier this week, I was in the Chancery Division, Family Part for a hearing on one of my juvenile delinquency matters. While waiting to be called, I listened to the colloquy in the cases being heard before mine. Virtually every case included some discussion involving texting or social media. In the matter that was heard just before mine, the juvenile’s attorney asked the court to release her client – a recently arrested middle school student – on electronic monitoring. The application was denied because just prior to arrest, the juvenile posted a photograph of himself holding a handgun on social media. The prosecutor’s office checked virtually all of the popular social media outlets just before the hearing to see if the juvenile came up in any context, discovered the photograph and, of course, brought it to the court’s attention. One of the issues in my juvenile case concerned certain text messages discovered on my…
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CBP Implements New EVUS Registration Requirement for All Chinese 10-year B Visa Holders
On November 29, 2016, the U.S. Customs and Border Protection implemented a requirement for all Chinese passport holders who carry a maximum validity (10 year) B1 (business) and/or B2 (pleasure) visa to have a valid Electronic Visa Update System (EVUS) enrollment before traveling to the United States. Travelers using passports from Hong Kong, Macau SAR, Taiwan, or any other passport other than a Peoples Republic or China passport are not affected by the EVUS enrollment requirement. The Electronic Visa Update System is the online enrollment system by which Chinese nationals holding B 1 and/or B 2 visas valid for 10 years update basic biographic information, enabling their travel to the United States. Since the implementation of the EVUS requirement, nationals of China holding such 10-years visas will not be allowed to travel to the United Stated without valid EVUS enrollment. Earlier this year on October 20, 2016, the following rules and notices were published…
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Aggravated identity theft, Repeated Use of a Person's Identity and the Real Person
This post examines a recent opinion from the U.S. Court of Appeals for the 9th Circuit: U.S. v. Doe, 842 F.3d 1117 (2016). The court begins by explaining thatJohn Doe appeals from his convictions of aggravated identity theft under 18 U.S. Code § 1028A, for knowingly possessing and using the name, birth date, and social security number of another person when he applied to renew a Nevada driver's license and when he submitted a Form I-9 Employment Eligibility Verification form to his employer.Doe contends that the Government failed to prove an element of the offense—specifically that he knew that the false identity he used belonged to a real person. He also challenges the reasonableness of his 78-month sentence.This case presents the question, not previously addressed by this Court, of whether evidence of a defendant's repeated submission of false identifying information as part of successful applications to a government agency is sufficient to…
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IN: Dog alert on car that leads to search that came up empty didn’t permit strip search of the occupants
A drug dog alerted on defendant’s car, so the police searched it, coming up empty. That alone did not justify taking the occupants in to the police station for a strip search. Thomas v. State, 2016 Ind. App. LEXIS 457 … Continue reading →
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Idaho State Police encourages safe driving during winter weather.
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: 12/23/2016 10:55 pm Please direct questions to the District Office Idaho State Police wants to remind everyone of winter driving conditions across the Treasure Valley. Motorists are urged to slow down, and increase their following distance. In the last two weeks the Idaho State Police have had five patrol cars hit while on the interstate performing investigations. Canyon County Sheriff's Office has had three patrol cars hit in the same time period. Please remember to be cautious around emergency vehicles. Idaho State Police alone have responded to over 230 crashes this month in the Treasure Valley. This does not include the crashes handled by all the local agencies.…
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How easy is it to link a cell phone to a crime to get a search warrant for it?
This is something I’ve been seeing more and more of: A co-conspirator’s cell phone is seized and another co-conspirator’s number is known to be on the phone. A search warrant issues for the other cell phone for its contacts, text … Continue reading →
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Winter Driving Conditions
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: December 24, 2016 4:35 a.m. Please direct questions to the District Office Idaho State Police wants to remind everyone of winter driving conditions across the valley. Motorists are urged to slow down, and increase their following distance. In the last two weeks the Idaho State Police have had five patrol cars hit while on the interstate performing investigations. Canyon County Sheriffs office has had 3 patrol cars hit in the same time period. Please remember to be cautious around emergency vehicles. Idaho State Police alone have responded to over 230 crashes this month. This does not include the crashes handled by all the local agencies. Motorists are advised to always…
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E.D.Mich.: Attempt to show nexus was “bare bones,” and GFE doesn’t apply
Defendant was suspected of a robbery, and he had some thin connection to a house he’d been kicked out of because of a domestic dispute. He’d been seen taking the trash out and his car was there once. The court … Continue reading →
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Sin miedo al quechua
El señor Jason Day, en la edición digital del Diario La República de hoy sábado 24 de diciembre de 2016, bajo el título "Sin miedo a la diversidad", http://larepublica.pe/impresa/la-contra/833409-sin-miedo-la-diversidad pueden leerlo en este enlace, opina sobre el noticiero en Quechua trasmitido diariamente por TV Perú y Radio Nacional desde las 5.30 am de lunes a viernes (no lo sé bien) he podido verlo algunos minutos en más de un día. El señor Day precisa que han habido detractores a este noticiero, entre sus argumentos, según el articulista, porqué significa un retroceso que debemos informarnos más pues en el Perú se hablan 78 lenguas nativas. No me pareció, no me parece ni me parecerá bien la transmisión de información en nuestro idioma nativo, pero no por que suponga un retroceso o torpezas de…
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CT: Dog sniff at door of condominium violates sanctity of home under state constitution and 4A
A drug dog sniff in the common areas of a condominium violated the state constitution. The Second Circuit held that as to the Fourth Amendment in 1985 in United States v. Thomas, 757 F.2d 1359 (2d Cir. 1985), and other … Continue reading →
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A Tale Of Two Senators
George Will gives the outgoing Senator, incoming Attorney General, Jeff Sessions a well-deserved poke for the ignorant things he said on the Senate floor about civil forfeiture. They were the sort of words a politician would utter, baseless but designed to appeal to those without a clue. Whether Sessions didn’t know better or was deliberately talking smack is unclear. One would hope a senator wasn’t that clueless, and that at least there was method to his lies. But then, how can one explain California’s outgoing Attorney General, Kamala Harris, who is on her way to Washington to take her seat in the Senate? After having the bizarrely improper case against Backpage dismissed with extreme prejudice, she decided to take one more shot. Let’s be crystal clear here: California Attorney General Kamala Harris (who in just a few weeks will become a US Senator) knows that she has no legal basis for arresting the execs behind Backpage. How do we know she knows…
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Bill to limit Class C arrests target of red-herring arguments
With momentum building in support of Texas legislation to eliminate arrests for non-jailable offenses, Grits should respond to a red herring argument being trotted out in reaction to Sen. Konni Burton's SB 271 and Rep. James White's HB 567: That Timothy McVeigh, bomber of the Oklahoma City federal building in the '90s, was arrested at a traffic stop and might not have been captured if the incident were governed by the proposed statutes. This is such horse-hockey, Grits at first didn't consider the point worth countering. But a couple of folks have brought it up now and apparently it's a principle argument opponents are trotting around in response to the bill, so let's get the obvious rebuttal out there.As anyone would discover through the most cursory examination, Timothy McVeigh was arrested not for a non-jailable traffic violation (although that's why he was pulled over), but because he informed the state trooper who stopped him that he was…
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Making Bail in Las Vegas
You’ve just gotten word that a friend or relative has landed in the Clark County Detention Center, or CCDC. They need you to post bail so that they can get out of jail pending their trial date before the Las Vegas Justice Court. If you’re like most people, you probably don’t know where to begin. This may be an excellent time to start helping your friend to find a knowledgeable Las Vegas criminal defense attorney. In the meantime, you can go to the CCDC to post bail. The CCDC has a “Pre-Trial Services” window that is open seven days a week from eight in the morning until midnight. They accept payment via cashier’s check, money order or cash. They do not accept personal checks. Pre-Trial Services also accepts payments by credit cards if the total charged does not exceed $3,000. Western Union Quick Collect could also wire the money directly to the CCDC. Alternatively, some people decide to hire a bail bondsman to handle the transaction for them.…
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Winter Driving Conditions
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: December 24, 2016 4:35 a.m. Please direct questions to the District Office Idaho State Police wants to remind everyone of winter driving conditions across the valley. Motorists are urged to slow down, and increase their following distance. In the last two weeks the Idaho State Police have had five patrol cars hit while on the interstate performing investigations. Canyon County Sheriffs office has had 3 patrol cars hit in the same time period. Please remember to be cautious around emergency vehicles. Idaho State Police alone have responded to over 230 crashes this month. This does not include the crashes handled by all the local agencies. Motorists are advised to always…
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Reviewing the unique issues and challenges for sentencing ISIS sympathizers
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FELIZ NAVIDAD
Dios existe y es uno sólo, no es relevante si el niño Jesús nació un día como hoy, si fue o no en Belén según sea la interpretación bíblica que cada confesión le dé, Dios es amor y su hijo representa todo el amor y la Paz que en el Mundo debería reinar. La canción que comparto con todos ustedes es un homenaje al amor, a la amistad, al recuerdo y un mensaje de solidaridad que pienso ha llegado a todos los rincones del Mundo, podría haber escogido un intérprete distinto, a un coro como "Los toribianitos" del Perú, pero pienso que nadie la interpreta mejor que su autor (ya fallecido) en esta ocasión acompañado por un español fuera de serie. https://www.youtube.com/watch?v=57rqNS2XOrk DESEO TODA LA FELICIDAD DEL MUNDO PARA MIS AMIGOS LECTORES A LOS QUE NO CONOZCO PERO AGRADEZCO INFINITAMENTE QUE VISITEN MI HUMILDE BLOG Y A…
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Louisiana appeals court find LWOP sentence unconstitutionally excessive for fourth minor offense
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Boston Man Arrested for Allegedly Crashing Golf Cart While Drunk at Wedding
We have all heard about a wedding or been to a wedding when one of the guests got drunk and acted in an inappropriate manner. However, when someone drinks too much and decides to get behind the wheel of a car, things can get much worse. In some case, one doesn’t even need to get behind the wheel of a car to drive drunk. According to a recent news article from Fox 25 News Boston, a man has just been arrested for allegedly getting drunk and crashing a golf cart. Witnesses say, the best man at this wedding was open about the fact he does not like the bride. He allegedly left the wedding and then stole a golf cart. He then crashed the golf cart at the wedding venue and was walking around covered in blood. This was a six-person golf cart that belonged to the resort at which the wedding was being hosted. The cart was left on the 11th tee of one of the golf courses after it sustained heavy damage in the crash. At that point, local police…
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T’was the Night Before Christmas (Legal Version)
Whereas, on or about the night prior to Christmas, there did occur at a certain improved piece of real property (hereinafter “the House”) a general lack of stirring by all creatures therein, including, but not limited to a mouse. A variety of foot apparel, e.g. stocking, socks, etc., had been affixed by and around the chimney in said House in the hope and/or belief that St. Nick a/k/a/ St. Nicholas a/k/a/ Santa Claus (hereinafter “Claus”) would arrive at House sometime thereafter. The minor residents, i.e. the children, of the aforementioned House were located in their individual beds and were engaged in nocturnal hallucinations, i.e. dreams, wherein visions of confectionery treats, including, but not limited to, candies, nuts and/or sugar plums, did dance, cavort and otherwise appear in said dreams. Whereupon the party of the first part (sometimes hereinafter referred to as “I”), being the joint-owner in fee simple of the House with the…
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