Under the United States Constitution, when an individual is placed into custody, he or she must be read Miranda warnings advising them of their constitutional rights prior to any questioning or interrogation. However, because Miranda warnings can be burdensome for law enforcement, and are not always applicable to the circumstances at hand, they are not required for temporary stops or detainments, such as a traffic stop. In Pedersen v. State, the Georgia Court of Appeals took a look at the unique circumstances where a defendant is stopped and temporarily detained on a law enforcement boat during patrol by the Georgia Department of Natural Resources, and concluded that such circumstances did not require recitation of Miranda warnings. In Pedersen v. State, Pedersen was boating on Lake Lanier when an officer with the Georgia Department of Natural Resources noted that his pontoon boat was not properly illuminated. The officer proceeded over to Pedersen’s boat to warn him…
Georgia Court Reiterates that Temporary Stops Do Not Trigger Miranda Warning Requirements
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Federal Funding for Sanctuary Cities Comes Under Threat in Executive Orders
On Wednesday, January 25, amidst a bevy of executive orders, President Trump signed one particular order promising to withhold federal dollars from “sanctuary jurisdictions.” The order, which according to the White House Briefing Room, is officially titled Enhancing Public Safety in the Interior of the United States, states that “the Secretary of Homeland Security shall, by no later than one year after the date of the executive order, ensure that sanctuary jurisdictions are not eligible to receive Federal grants, except as deemed necessary for law enforcement purposes by the Attorney General or the Secretary.” To unpack the provisions of this order, one must first consider the meaning of a “sanctuary city,” as defined by the president’s administration, legal scholars, and immigration officials. Since the term does not necessarily have a set definition, it is important to consider all perspectives. The executive order, for one, leaves it…
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Celebrating Super Bowl Sunday 2017 in a no tolerance State
There are numerous Super Bowl Parties going on in Phoenix and surrounding areas this weekend and whether you plan on rooting for your team at Coach’s Corner Grill, Twin Peaks, or just celebrating with family & friends, make plans ahead of time to get home safely. As you know, Arizona is a no tolerance state. With convictions carrying mandatory jail, fines, license suspension, and the ignition interlock device, utilizing Uber, Lyft or better yet a designated driver to ensure there are no life-altering repercussions is a smart decision. Depending on the blood alcohol concentration and history, jail can range from 1 day to 6 months for misdemeanors and up to 15 years for a felony. 1st Time Misdemeanor Driving Under the Influence (under .15 BAC) Minimum jail 10 days jail, but 9 may be suspended Maximum Jail – 6 months Fines $250 Fine $210 Surcharge $500 Prison Fund $500 Public Safety Equip. Fund $20 Time Pay Fee $20 Probation Fee 90 day License…
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New Study Shows Racial Profiling in San Diego Traffic Stops
A recent study conducted by the San Diego State University School of Public Affairs has revealed that black and Hispanic drivers in San Diego are more likely to be searched and extensively questioned during a traffic stop. The likelihood of a black, Hispanic or white driver being pulled over in general was roughly equal. SDSU... The post New Study Shows Racial Profiling in San Diego Traffic Stops appeared first on Graham Donath.
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Getting to Grips with Discrimination
Deborah Hellman, Two Concepts of Discrimination, 102 Virginia L. Rev. 895 (2016), available at SSRN. Aziz Huq Since the mid-1970s, the Supreme Court has insisted with increasing fervor upon an anticlassification norm as the central principle of Equal Protection law. In the past decade, alternative legal solutions to inequality have emerged as competitors with the anticlassification norm. In 2009, the late Justice Scalia observed, in his concurrence in Ricci v. DeStefano, that the disparate impact theory of liability available under Title VII of the 1964 Civil Rights Act required employers to categorize by race. Given the priority of colorblindness, Justice Scalia observed, it might therefore fall afoul of the Equal Protection Clause. Two basic instruments for racial equality—both a part of the federal statutory law of antidiscrimination for a half century—suddenly seemed in collision course. This conflict is at the heart of Deborah Hellman’s excellent new…
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Book Review: The Campus Rape Frenzy: The Attack on Due Process at America’s Universities
For the most part, I decline offers of free books for review these days, having little extra time for leisurely reading and, frankly, because most of the books are pretty awful. But when I saw that KC Johnson and Stuart Taylor new book came out, I reached out to KC for a copy. This was one book I wanted to read, The Campus Rape Frenzy: The Attack on Due Process at America’s Universities. I chose wisely. Before going forward, I note that I haven’t finished the book yet, but write this review because KC has taken to Volokh Conspiracy this week to write about his book, and I think it’s more important that anyone reading here be aware of the VC posts so that you can keep abreast of KC’s and Stuart’s work. The subject of the book is quite familiar to me, having written a great many posts about it. And yet, I learned, and continue learning, from the rich details and time frame provided by the meticulous research and crafting of how we ended up where…
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Sally Yates: Her Brilliant Career Move
As I see it, Acting Attorney General Sally Yates had four options regarding her opposition to President Trump's Executive Order on refugees, visas, and travel bans: 1) defend it in the courts since most or all of the Order is...
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IDI AMIN DADA Y CIERTAS POSTURAS - DIZQUE- RELIGIOSAS
Amigos los peruanos además de la fama de corruptos y otras lacras, debemos estar considerados a nivel mundial como bastante torpes, ignorantes por decisión propia, pues no encuentro ninguna explicación para que el Diario La República se publique el pronunciamiento de tres organizaciones religiosas, como estas: Hace 6 horas 33 mins IMPRESAEdición Impresa del 31 de Enero de 2017 Tres colectivos religiosos rechazan campaña contra el nuevo currículo escolar . 'Católicas por el Derecho a Decidir', 'Cristianos de izquierda' y 'Paz y Esperanza' se expresaron en contra de campaña de desinformación dirigida por colectivo 'Con mis hijos no te metas'. Ministra Martens se reúne con padres de familia. jejeje!! Si ellos son religiosos este abogado es descendiente directo de Idi Amin Dada. La nota la encuentran en su Edición impresa del…
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Banning arrests for Class Cs, giving drivers notice, would improve traffic-stop culture
My favorite part about SB 271 by Sen. Konni Burton, and its companion, HB 567 by Rep. James White: Not only does the bill ban arrests for non-jailable offenses, preventing episodes like Sandra Bland's tragic arrest for failure to signal a lane change, the text includes this provision requiring police officers to inform motorists of that fact:Sec. 543.0045. NOTIFICATION REQUIRED DURING TRAFFIC STOP.(a) An officer who stops a motor vehicle as a result of a person's alleged commission of a misdemeanor under this subtitle that is punishable by a fine only shall promptly notify the person that:(1) the alleged offense is a misdemeanor under this subtitle that is punishable by a fine only; and (2) the officer may not arrest a person solely on the basis of that offense.(b) The Texas Commission on Law Enforcement by rule shall specify the language that is required to be included in the notification described by Subsection (a).That will significantly alter the culture…
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Injury to an Elderly in Texas | Injury to an Elderly or Disabled Person
What is Injury to an Elderly in Texas? According to Texas Penal Code Section 22.04, Injury to an Elderly occurs when a person causes injury to person who is 65-years of age or older. There are special provisions that apply to professional caregivers as well. Notably, the offense does not distinguish based on the age of the accused. In other words, if two people get into a fight in a retirement center, one could get charged with injury to an elderly. What constitutes Injury to an Elderly? A person can commit Injury to an Elderly by acting: intentionally, knowingly, recklessly, or with criminal negligence. A person can commit Injury to Elderly by omission: intentionally, knowingly, or recklessly. The injury caused can be: Seriously bodily injury to an elderly individual, or Serious mental deficiency, impairment, or injury, or Bodily injury. Injury to Elderly by Caregiver An owner, operator, or employee of a group home, nursing facility, assisted living facility, intermediate-care…
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Injury to an Elderly in Texas | Injury to an Elderly or Disabled Person
What is Injury to an Elderly in Texas? According to Texas Penal Code Section 22.04, Injury to an Elderly occurs when a person causes injury to person who is 65-years of age or older. There are special provisions that apply to professional caregivers as well. Notably, the offense does not distinguish based on the age of the accused. In other words, if two people get into a fight in a retirement center, one could get charged with injury to an elderly. What constitutes Injury to an Elderly? A person can commit Injury to an Elderly by acting: intentionally, knowingly, recklessly, or with criminal negligence. A person can commit Injury to Elderly by omission: intentionally, knowingly, or recklessly. The injury caused can be: Seriously bodily injury to an elderly individual, or Serious mental deficiency, impairment, or injury, or Bodily injury. Injury to Elderly by Caregiver An owner, operator, or employee of a group home, nursing facility, assisted living facility, intermediate-care…
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Godwin’s Law, And Why Hysteria Won’t Win The Day
If President Trump does what he announced he would do, name his nominee to sit in the seat once occupied by Antonin Scalia, the past 24 hours of hysteria will be replaced by the next 24 hours of hysteria. The biggest question is whether there are any more adjectives available to proclaim that Trump is “literally Hitler”? It’s not exactly a new phenomenon on the internets. That’s why Mike Godwin came up with the meme: Godwin’s law (or Godwin’s rule of Hitler analogies) is an Internet adage which asserts that “As an online discussion grows longer, the probability of a comparison involving Hitler approaches 1″ — that is, if an online discussion (regardless of topic or scope) goes on long enough, sooner or later someone will compare someone or something to Hitler. Promulgated by American attorney and author Mike Godwin in 1990, Godwin’s law originally referred specifically to Usenet newsgroup…
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Criminal Solicitation In Okaloosa County or Walton County
What It Is And The Penalties The act of soliciting another to commit a crime is an offense prohibited under Florida Statute 777.04(2). Soliciting is defined as asking in earnest or trying to induce another person to do a specific act. The requisite elements that the state prosecutor must prove to convict a person of the crime of criminal solicitation are as follows: The person solicited another to commit a crime prohibited under Florida law. During the solicitation, the person: commanded, encouraged, requested, or hired another person for the purpose of performing specific conduct that is either a crime or an attempt of a crime under Florida law. It should also be noted that to prove the crime of criminal solicitation, the person soliciting the crime does not have to do any act in furtherance of the completion of the solicited crime. The Penalties for Criminal Solicitation The penalties for criminal solicitation are contingent upon the offense that the defendant solicited…
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Donald Trump: Reinforcing ISIS, Hastening His Political Demise
Are Donald Trump and his team morons or just ignorant? (I give my personal view at the end.) Trump's immigration order is being celebrated online by ISIS supporters -- it's just what they want the world to believe -- the U.S. is engaged... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Why Some Law Practices Struggle
I sometimes find myself having the same conversation with different colleagues several days in a row. It may be that my thoughts find their way into the conversation or that there are certain trends. It may be pure coincidence. In the most recent version of the repeating conversation phenomenon, I have heard colleagues complain about the nature of practice. And here is the three-fold refrain. The market is flooded with attorneys where I practice. And I cannot provide the service that I want because I am getting beaten on price by attorneys who will not do the same good job I would do. Every year the legislature/sentencing guidelines/judges/parole board/appellate courts (we could continue to fill in these blanks for a while) makes it harder for me to provide very much to clients. Client are so difficult. They have unrealistic expectations, and they want to micro-manage their case. I have a couple of thoughts about what I am hearing. And when I approach it this way, I tend to…
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MIENTE, MIENTE, SIEMPRE ALGO QUEDARÁ
Los defensores de la "curricula escolar" acusan a quienes estamos en contra de aquella parte de la famosa "curricula" que se ocupará desde marzo y en no menos de cuatro mil escuelas primarias de la Educación Básica (desde los seis años) instruir a nuestros hijos y/o nietos la identidad e igualdad de género DE DESINFORMAR a la ciudadanía, cuando en honor a la verdad quienes DESINFORMAN son precísamente sus defensores y lo hacen con una constancia digna de mejor empeño. El artículo siguiente lo confirma una vez más, leamos juntos: Correo - 31-01-2017Ariana Lira Cosas de chicos Valentina Shevchenko ha sido cinco veces campeona mundial de muay thai y dos de kickboxing. María Elizabeth Hinostroza y Ángela García se convirtieron este año en las primeras mujeres de la historia del Perú en obtener el grado de general de la Policía Nacional. Tres…
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The Democrats Must Become The Party Of No
Democrats need to delay, oppose and obstruct everything that Trump does. Everything. Democrats need to oppose everything not because the Republicans did it. Not because the Republicans repeatedly broke with all conventional norms in blocking much of Obama's agenda and thwarting his administrative and judicial appointments at an unprecedented rate. Not because the Republicans stole a Supreme Court seat. And not because the Republicans reaped enormous political gain from their obstruction. (Although these are pretty good reasons)Democrats need to oppose everything because everything Trump does is connected. One can't separate Trump's massive business empire and financial entanglements of which we know so little from his policy proposals. One can't separate the machinations of his anti-Semitic, racist chief strategist from his directives and executive orders. One can't separate his…
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Tuesday Open Thread
Here's a new open thread, all topics welcome. [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Shniderman on Prosecutors and Forensic Science Reform
Adam B. Shniderman (Texas Christian University) has posted Prosecutors Respond to Calls for Forensic Science Reform: More Sharks in Dirty Water (Yale Law Journal Forum Vol. 126 Pp. 348-361 (2017)) on SSRN. Here is the abstract: In September 2016, the...
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Talk Business: GPS technology benefits used car industry, privacy concerns remain
Talk Business: GPS technology benefits used car industry, privacy concerns remain; used car sales to rise in 2017 by Jeff Della Rosa Used car dealers have shifted to using GPS tracking devices to keep tabs on vehicles over the years, … Continue reading →
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