Las ideologías, en mi opinión, no son aceptables en este Siglo, si deseamos avanzar hacia un mundo mejor y con muchísima menor desigualdad estamos obligados a defender o contradecir ideas que, en un principio indudablemente, fueron base fundamental para separar, en términos gruesos, la lucha entre los que tienen mucho y los que no tienen nada. Defenderé siempre ideas, existen tanto en el poder cuanto en los que exigen justicia y mayor igualdad, buenas y malas naturalmente, cuestión esta última para el sector que no la propone y sólo es necesario conocer al autor de la misma para objetarla sin misericordia ni analizar ni justificar nada. En suma un diálogo de sordos. El señor Luís García Miró Elguera vive anclado en el pasado y no desea ni acepta cambio alguno. Expresarse y opinar es invitar a quién lee a aprobar o contradecir lo que se haya escrito o dicho, la…
LUÍS GARCÍA MIRÓ - LIBERTAD DE EXPRESIÓN
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IA: An exchange of texts between def and deceased justified search of cell phone; computer search also justified
Only the information in the search warrant application can be considered on the question of whether there was probable cause for its issuance. In this murder case, the absence of evidence in defendant’s car led to an inference it could … Continue reading →
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NJ: Officer’s entry into def’s home for def to retrieve his ID was without justification and therefore was unreasonable
An investigative stop in an apartment complex parking lot, not based on reasonable suspicion, did not justify following defendant into his home to get his ID, especially after the officer did a quick patdown before they went in. Once inside, … Continue reading →
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Accountant Sentenced to Two Years in Maryland Straw Buyer Scheme
Cecil Sylvester Chester, 70, Mitchellville, Maryland was sentenced to two years in prison, followed by three years of supervised release, for a mortgage fraud scheme involving the fraudulent purchase of seven properties in Baltimore, Maryland using fraudulent loan documentation and straw purchasers, resulting in losses of over $1.4 million. Chester worked as an accountant from an office located on […]
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Saturday Open Thread: No Inauguration News Here
In the "things I am not reporting on and couldn't care less about" department: UnPresident Elect Donald Trump's inauguration. I'm going to do other things and put up a few open threads until its over. After that, I will do my best to... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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"Punishment and Moral Risk"
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California hate crimes registry a bad idea: Guest commentary
1-14-17 California: State Assemblyman Raul Bocanegra, D-San Fernando, recently introduced legislation that would “establish the California Hate Crimes Registry,” as his office put it. The registry his Assembly Bill 39 envisions would aim to provide a public database of individuals convicted of hate crimes in California. Bocanegra claims, “The Hate Crime Registry will be an important public
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TN: “Nexus” applies to PC and automobile exception
The nexus requirement of probable cause and the place to be searched applies to automobile exception searches. Here, the question is close, but the court concludes there was a showing of nexus between the vehicle and the offense. State v. … Continue reading →
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Praised be Congressman John Lewis and all others who are boycotting Trump’s inauguration
Congressman John Lewis at Awesome Con 2014, Washington, D.C. (Photo by Jon Katz, katzjustice.com) Praised be Congressman John Lewis — and all other boycotting government officials — for boycotting Trump’s inauguration, after attending all prior inaugurations while a member of the House of Representatives. At the April 2014 Awesom Con (Washington, D.C.) (pictured here) my son and I happened upon Congressman Lewis signing his then-new book about the civil rights movement — in comic form — entitled March, which has by now been issued in three award-winning volumes. His trilogy follows in the steps of the non-fiction comic Martin Luther King and the Montgomery Story. I highly recommend the trilogy to everyone. Trump continues being a loose cannon on Twitter and beyond, including his misplaced vitriol after Congressman Lewis confirmed his boycott of Trump’s inauguration. Trump campaigned about regaining international…
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IA: CoA declines to obviate the automobile exception; that’s up to state SCt if it ever happens
“On appeal, Wagamon ‘urges that now is the time to determine if the automobile exception is out of date and incompatible with the protections offered by the Iowa Constitution.’” That’s the prerogative only of the state supreme court. State v. … Continue reading →
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CA8: Def’s statement was attenuated from the false statement that led to the SW being issued
An untrue statement in an affidavit for search warrant was attenuated from defendant’s later confession. All four factors of the attenuation doctrine weighed in favor of not suppressing statements defendant made during his interview with the agent. The causal connection … Continue reading →
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BETO ORTIZ - EL NIVEL DEL DEBATE y UN PASTOR SIN IDEAS QUE EL REBAÑO PUEDA SEGUIR
Cuando leemos los medios debemos pensar más allá de la noticia misma, desde que tomamos conocimiento del Proyecto de Ley del Congresista Yonhi Lescano para eliminar la pornografía de Internet para el Perú, ha tenido muchos detractores y muy pocos defensores sin embargo estos últimos –entre los que me encuentro- han tenido y tienen argumentos muy sólidos en apoyo del proyecto, el interés motivador de los opuestos es el supuesto atentado contra “libertad de expresión y del pensamiento” y de los miles de verdes que danzan alrededor de ese negocio. Cómo saben –los opositores- sus argumentos en un debate de ideas no resistirían los macizos conceptos de los que lo apoyan, entonces empezaron con otra estrategia, publicar noticias pornográficas, la última, la exhibición de una película porno por error de una empleada, de manera que la gente ate…
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From Dry Foot To Wet Back
When my father bought a Volkswagen Beetle in 1967, my mother was furious. World War II was still fresh in people’s memory, and Americans, Jews, didn’t buy things made in Germany. We were supposed to hate them. The mantra was “Never Again,” and it was drilled into my head as a child. But my father, who fought in the infantry in WWII, winning a Bronze Star and two Purple Hearts, told her the war was over. We won. It was time to move on. He wasn’t exactly ready to forgive the Germans for what happened, but he wasn’t going to let hatred guide his decisions forever. Cubans who escaped Castro loved their island and hated his regime. America hated communism in general after World War II, and Castro was the communist in our backyard. It was completely unacceptable, and as the Cuban Missile Crisis taught us, the threat was real. We embraced Cubans who risked their lives to escape Castro unlike any other group of people. Flotillas of Cubans braved…
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D.Colo.: Defs’ calls captured on FISA application were reasonable
Defendants were charged with providing material support to a terrorist organization, and their conversations were captured in a FISA application. This motion to suppress was based on disclosure two years into the case of other acquisitions of information about him. … Continue reading →
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Traditions And Laws
He’s not doing what everyone always did, and that’s wrong. He’s not doing what everyone always did and that’s why he was elected. Change the name underlying the “he” in those sentences and pick which one you prefer. But the incoming administration is, if nothing else, defying the “norms” of the presidency. A random example: Monday, January 9th Family Matters, Part I: The Kushner Appointment. On Monday, Trump appointed his son-in-law Jared Kushner as senior adviser in the White House, raising questions from ethics experts as to whether the role would violate federal anti-nepotism laws. Whether or not Kushner is ultimately cleared under law, Trump is challenging legal norms and democratic principles against nepotism, an appointment characteristic of the policies of dictatorship regimes writes Jon Schwartz. The Federal Anti-Nepotism Statute, 5 U.S. Code § 3110, states that a public official may not appoint a…
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CA5: SW for video voyeur’s recordings not stale; they are intended to be kept
An affidavit for a search warrant for a video voyeur’s recordings wasn’t stale because the digital information was to be downloaded, stored, and kept. United States v. Aleman, 2017 U.S. App. LEXIS 618 (5th Cir. Jan. 12, 2017). On the … Continue reading →
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D.Mass.: The things to be searched for in SW could be kept in a safe, so the safe could be opened
“Here, it was reasonable to believe that items named in the search warrant—drugs, money, and records—could be stored in safes located in Owens’s bedroom. Thus, the police searching Owens’s bedroom had the authority to pry open the safes they found … Continue reading →
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Tuning Out Donald Trump
Adam Gopnik in the New Yorker writes on the Music Donald Trump Can't Hear. He has a point. There is no song to describe UnPresident Elect Donald Trump because he has no music in his soul. The emotional state he triggers in so many of us,... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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CA9: 911 call about suicide by overdose justified entry
Police received a 911 call about an suicide by overdose, and the entry into the premises was reasonable. Ames v. King County, 2017 U.S. App. LEXIS 660 (9th Cir. Jan. 13, 2017). Claimant failed to make a Fourth Amendment claim … Continue reading →
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SJC Rules that Dookhan Defendants With Vacated Convictions Will Not Be Reimbursed for Court Costs
In Commonwealth v. Martin, the SJC addressed whether defendants whose convictions were vacated as a result of the Annie Dookhan drug lab scandal should be reimbursed for court fees paid prior to the allowance of the motion to vacate. The SJC decided against such reimbursement, stating that “there [was] no statutory authority” for the return of such monies. The background of the case is as follows: in 2011, the defendant pleaded guilty to a drug offense and received a probationary sentence whose conditions required the payment of certain fees mandated by statute: “a one-time victim-witness assessment of fifty dollars, as well as a monthly probation supervision fee of sixty dollars and a monthly victim services surcharge of five dollars (collectively, probation fees).” One year later, “after the revelation of misconduct at the William A. Hinton State Laboratory Institute …, a judge granted the defendant’s unopposed motion to…
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