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WaPo: Radley Balko’s ‘The Watch’ Blog: This week in drug raids

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WaPo: Radley Balko’s ‘The Watch’ Blog: This week in drug raids: The latest in busted doors, dead dogs and dead bodies. … Meanwhile, the Drug War Chronicle reports that 49 people were killed in police drug war operations in 2016, … Continue reading →

U.S. charges ex-Haiti coup leader with drug trafficking conspiracy | Reuters

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The leader of a 2004 coup that toppled Haitian President Jean-Bertrand Aristide, and who had been wanted for more than a decade by U.S. authorities, was charged on Friday in the United States with engaging in drug trafficking and money laundering conspiracies. Source: U.S. charges ex-Haiti coup leader with drug trafficking conspiracy | Reuters

*Update* Crash Blocks SH50 Near Hansen Bridge

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000 Fax (208) 324-7897 For Immediate Release: 10:30am 01/07/2017 Please direct questions to the District Office *Update* On January 7, 2017, at approximately 3:47 a.m., the Idaho State Police investigated a two-vehicle, injury crash on SH-50 near milepost 3, south of the Hansen Bridge. Howard Calhoun,71, of Hagerman, was driving westbound in a 2017 Volvo semi truck. Calhoun lost control and the trailer overturned, blocking the westbound lane. Jacqualine Titus, 55, of Kimberly, was driving eastbound in a 1995 Ford Thunderbird. Titus was not able to stop in time and the Ford struck the semi truck. Titus was transported via air ambulance to St. Lukes Magic Valley. Calhoun was not transported. Both drivers were wearing…

Alabama’s Criminal Laws: Possession of Marijuana

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While other states are decriminalizing or even legalizing marijuana for recreational use, Alabama has not changed their marijuana laws. Alabama law allows for possession of marijuana in the first degree (POM I) and second degree (POM II). POM II is different from POM I because POM II is for first time offenders that are caught with only a small, or “personal use” amount of marijuana. POM I is a Class D Felony, while POM II is a Class A Misdemeanor. Continue reading

I-84 Sweetzer area

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000 Fax (208) 324-7897 For Immediate Release: January 7, 2017 Please direct questions to the District Office The Idaho State Police is working multiple crashes in the Sweetzer area, I-84 west of the Juniper Rest Area. ISP would like to remind citizens to be cautious and slow down for hazardous driving conditions. HG/JS -------------

"Mending the Federal Sentencing Guidelines Approach to Consideration of Juvenile Status"

House Corrections committee rethinking probation fees

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The House Corrections Committee interim report to the 84th Texas Legislature began with a discussion of excessive fees in the criminal justice system which merits readers' attention. The committee, chaired by Republican state Rep. Jim Murphy, focused on relatively obscure aspects of the system which nonetheless are incredibly important to the people affected by them, both people who must pay and government employees who collect them. On probation, for example:If someone is on probation, there will be a lot of fees. First, a probationer pays up to $60 a month for supervision. Depending on the crime, there will be program fees for drug education or domestic violence classes. If substance abuse is involved, there will be costs for random urinalysis tests, and perhaps an ignition interlock (for DWI cases). If you have lost your license, which happens with any drug conviction, you will have to take a class to renew that license. Once the class is completed, you will need to go…

NE: Recognizing driver as having suspended DL is RS for stop without computer check

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An officer recognizing the driver of a car as somebody with a suspended license is reasonable suspicion for a stop without even checking the computer. State v. Arizola, 295 Neb. 477, 2017 Neb. LEXIS 1 (Jan. 6, 2017). Plaintiff’s claim … Continue reading →

¡Hey señor Congresista Yonhi Lescano, defienda su proyecto antipornografía! 3

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Hoy, domingo 08 de enero de 2017 en la edición digital del Diario Expreso, el señor David Santivañez informa a la ciudadanía de la NEUTRALIDAD EN LA RED Resolución de OSIPTEL publicada en el Diario Oficial El Peruano el 29 de diciembre de 2016. He actuado con respecto a Internet de la forma mencionada por el señor Santivañez sin interesarme ni preocuparme por saber más, tal vez se deba a que obtenía lo que me interesaba de la información, estaba estoy y estaré satisfecho de esta maravillosa herramienta de trabajo y algunas veces de entretenimiento. Desconocía la existencia del término NEUTRALIDAD EN LA RED en su aplicación no, como es obvio de las palabras. Desde el 01 de enero de 2017 entró en vigor la Resolución OSIPTEL Nº 165-2016-CD-OSIPTEL salvo..el artículo 6º que entrará en vigencia desde el 01 de febrero de 2017.. Además…

W.D.Ky.: Frisk was without RS, but computer check showed outstanding arrest warrant, so inevitable discovery applies

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“In sum, at the time Browning decided to conduct a Terry pat-down of James’ outer clothing, he was faced with a suspect that (1) was present in a high-crime area, (2) was, by his own admission, recently released from prison … Continue reading →

IL: Def stopped when he saw police lights but encounter was consensual and initiated by community caretaking function

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Defendant pulled over because a police car fast approached him from behind, and the officer pulled in behind and turned on his take down light, they both stopped, and the officer walked up to the car with a flashlight in … Continue reading →

IN: Tossing flash bang into room with only a 9 month old baby in a playpen during drug raid was excessive under the circumstances; suppressed

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Using a flash bang device during a SWAT drug raid that went off in a room with only a nine-month old baby in a playpen violated the state constitution for its overall unreasonableness. Watkins v. State, 2017 Ind. App. LEXIS … Continue reading →

Crash I-15 near Malad

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5205 South 5th Ave. Pocatello, Idaho 83204-2299 (208) 236-6466 FAX: (208) 236-6068 For Immediate Release: Sunday January 8, 2017 11:25 a.m. Please direct questions to the District Office Idaho State Police is currently investigating a commercial vehicle crash southbound on I-15 at milepost 21, north of Malad. Southbound lanes are partially blocked and motorists are urged to use caution due to low visibility in the area. More information will be released as it becomes available. HG/KJ -------------

Top-Ten Recent SSRN Downloads in Criminal Law eJournal

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are here. The usual disclaimers apply. Rank Downloads Paper Title 1 168 Bail Nullification Jocelyn Simonson Brooklyn Law School Date posted to database: 5 Dec 2016 [2nd last week] 2 160 Extreme Prison Sentences: Legal and Normative Consequences Melissa Hamilton...

Committee backs boosting programs to prevent recidivism

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The section of the Texas House Corrections Committee interim report to the 84th Legislature on "recidivism" had some good elements, if not a groundbreaking analysis. Here are a few highlights:First, it should be mentioned that Texas has among the lowest recidivism rates of any prison system, certainly among large states, in the United States. "Offenders released from prison in fiscal year 2011 had a rearrest rate of 46.5 percent, and a reincarceration rate of 21.4 percent within a three-year period," according to the report. Since in Texas one can be arrested for anything including Class C misdemeanors punishable only be fines, not jail time, many of those arrests are for petty stuff that may not really concern us from a safety perspective. Even so, that's a remarkably low rate; nationally, the rearrest rate is 67.8 percent. And our re-incarceration rate is also lower than the national average (55 percent within 5 years). Texas is one of a number of…

Case o' The Week: End of the Line - Acevedo-De La Cruz and "Crime of Violence" in (the old) Reentry Guidelines

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The Hon. Judge Sandra IkutaA long era of highly-contested sentencing and appellate litigation ends: the Ninth issues its last illegal reentry sentencing guideline opinion.  (More or less).   United States v. Acevedo-De La Cruz, 2017 Westlaw 56299 (9thCir. Jan. 5, 2017), decision available here.Players: Decision by Judge Ikuta, joined by Judge Bea and DJ Restani.Facts: Acevedo-De La Cruz was convicted of Cal. Penal Code § 273.6(d), for a violation of a protective order involving an act of violence or credible threat of violence. He was then deported. Id.at *2.   He reentered the U.S., was convicted of Section 1326(a), and was sentenced in April 2015. (Ed. Note: NB, before the new § 2L1.2 guideline went into effect on Nov. 1, 2016).   The district court held that the “violation of a protective order” prior was a “categorical crime of violence” warranting the +16 OL hit under the (old) reentry guideline. Id. at *2. Issue(s):…

Why I think at the hearings for AG, Senators should try to kill... question with conservative kindness

The difference between exculpatory evidence and inculpatory evidence in a court proceeding

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Often time when accused of a crime or traffic infraction people want to explain their side of the story to defend themselves. This is often not wise, as what people believe will exonerate them often ends up helping the prosecution’s case in convicting them. This is because  what people believe to be exculpatory  evidence is usually inculpatory evidence. Before we go any further one must know and understand the difference between the two. Inculpatory Evidence Inculpatory evidence is evidence that shows, or tends to show, a person’s involvement in an act, or evidence that can establish guilt. Exculpatory Evidence Exculpatory evidence is evidence favorable to the defendant in a criminal trial that exonerates or tends to exonerate the defendant of guilt. It is the opposite of inculpatory evidence. Examples of inculpatory and exculpatory evidence Suppose you were accused of burglary and larceny. To prove burglary requires the prosecution showing that you…

Winter Weather Conditions

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000 Fax (208) 324-7897 For Immediate Release: 01/08/2017 at 12:16 p.m. Please direct questions to the District Office At this time on US93, near Shoshone, motorists are encouraged to use caution due to icy conditions. Drivers are advised to plan extra travel time, and ensure their vehicles are winter weather ready for travel. Please check 511.idaho.gov for updated road conditions and road closures. KIJ / JLS -------------

State lawmakers consider raising age of consent to 18

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1-8-17 Indiana: Should a 56-year-old legally be allowed to have a sex with a 16-year-old? One Indiana lawmaker says no. State Rep. Karlee Macer, D-Indianapolis, said she intends to introduce a bill that would raise the age of consent from 16 to 18. If the bill passes, Indiana would join about 11 other states in having the oldest age of consent in the country. The laws in most states —
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