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: Friday- 2/3/2017 5 p.m. Please direct questions to the District Office ***Final Update*** On Friday, February 3, 2017, at 9:18 a.m., Idaho State Police investigated a multiple vehicle injury crash eastbound State Highway 50 at mile marker 4, outside the Travelers Oasis. Tanner M. Hall, 24, of Twin Falls, was driving westbound in a 1995 Dodge Pickup. Hall drifted into the center of the road and struck an oncoming freight liner traveling east bound. Hall sustained minor injuries and was transported by ground ambulance to St. Luke's Magic Valley in Twin Falls. The driver of the freight liner, Samuel Thompson, sustained no injuries. Both drivers were wearing their…
Final Update - Crash SH-50 near Hansen Bridge
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How to Stay Safe Watching the Super Bowl This Year
Super Bowl Sunday is all about fun. Unfortunately, far too many people have a little too much fun and the night ends in tragedy. Since alcohol is a big part of the celebration for many people, here are some tips on how to stay safe while watching the Super Bowl this year.Tips to Stay Safe on Super Bowl SundayTo keep yourself safe remember the day is about FOOTBALL.F: Fans“Fans don’t let fans drink and drive,” urges the National Highway Traffic Safety Administration (NHTSA). They suggest using a team approach to keep everyone safe this Super Bowl Sunday.Watch out for your friends, and select a designated driver well before the party starts. O: OfferIf you are sober, offer to give your friend a ride home. This will help ensure you stay safe and keep your friend out of a car with a buzzed or drunk driver.O: OvernightPlan on staying overnight if you have had too much to drink. If you are going to a bar or restaurant to watch the game, scout out nearby hotels…
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Kansas Supreme Court Upholds Gleason Death Sentence on Remand
A year ago, the U.S. Supreme Court reversed decisions of the Kansas Supreme Court overturning death sentences in two cases, the infamous Carr brother and Sidney Gleason. The decision is here. CJLF's press release is here. CJLF's brief is here.Today, Amy Renee Leiker reports for the Wichita Eagle:A divided Kansas Supreme Court said Friday that it will uphold the death sentence of a man it previously overturned, according to a news release.The U.S. Supreme Court ordered the Kansas Supreme Court to take a second look at Sidney Gleason's case early last year after hearing oral arguments in it and the cases of killers Jonathan and Reginald Carr in October 2015. A Barton County jury gave Gleason a death sentence for killing Mikiala "Miki" Martinez and her boyfriend, Darren Wornkey, in 2004 to keep her from telling authorities about an armed robbery."The decision today affirms the conviction and death sentence based on a Barton County…
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ORANGE COUNTY MAN IS CHARGED WITH NINE DUIs SINCE 2011
In what must be a record—I have certainly never seen this in my almost 25-year career defending DUIs—an Orange County man was recently arrested for DUI, his ninth in six years! Several news outlets even reported that it was actually his tenth DUI arrest in six years. This driver is (or was) a successful businessman with a company that employs over 50 people and at one time, he was paying a driver $50,000 a year to drive him around. On January 29, after crashing his vehicle into an electrical box in Placentia, police responded and found the driver to be under the influence. Not only was he driving under the influence but he was driving on a suspended license (for prior DUIs) and he was also cited for not having an ignition interlock device on his vehicle. (I am not sure why an IID would be ordered if his license was suspended but perhaps the court had ordered the IID when, and if, his license was reinstated.) The driver clearly has an addiction problem. Despite being…
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California Law Regarding Selling Prescription Drugs
HOW TO BE A DRUG DEALER WITHOUT GETTING BUSTED No, I am not really going to tell you how to break the law and get away with it, but Purdue Pharma certainly knows how to deal an extremely dangerous drug, which has been abused by millions in this country, without going to jail. I’m talking about the pain killer OxyContin. OxyContin is believed by experts to have been the synthetic opioid that triggered the serious epidemic of opioid abuse sweeping this country. No longer confined to certain areas of this country, the opioid epidemic is everywhere. You might be familiar with OxyContin, maybe it was prescribed to you for pain, maybe you are even addicted to it. It is estimated that over the last 20 years, more than 7 million Americans have been or are now addicted to OxyContin and there are 2.1 million people in this country presently addicted to opioid painkillers; many of these addictions started with legitimate prescriptions for pain. OxyContin and similar opioids have…
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Tenth Amendment Center: Michigan Ballot Measure Would Help Protect Electronic Data from Warrantless Spying
Tenth Amendment Center: Michigan Ballot Measure Would Help Protect Electronic Data from Warrantless Spying: LANSING, Mich. (Feb. 3, 2017) – A resolution introduced in the Michigan House would put before voters a state constitutional amendment to protect electronic communications and … Continue reading →
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Microsoft Wins Again Regarding Warrant for International Data
An important issue to watch this year is the ongoing battle over access to data collected by companies and stored overseas. This issue heated up last year when Microsoft won its Second Circuit challenge of a 2013 warrant for emails...
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CT: Adding “Miranda” to a consent argument changed the nature of the argument on appeal
Defendant was found to have consented to a search of his apartment. On appeal, he changed it to a claim that it was a violation of Miranda to get consent, but there is no record of that claim having been … Continue reading →
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TN: General statement of “certified question of law” requires dismissal of appeal
Defendant’s general statement of the search and seizure in his state mandated “certified question of law” was insufficient for lack of what it was and what was sought to be suppressed, and the appeal is dismissed. State v. Forest, 2017 … Continue reading →
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VA: Hotel contract said mgr could enter at will, and that was consent
Defendant rented a hotel room for a week through one Heid because he didn’t have an ID, and he paid Heid for it. The contract Heid signed allowed entry by the hotelier into the room up to once a week … Continue reading →
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CA5: The length of computer search didn’t make it unreasonable where def was a lawyer and taint team had to do first review
Defendant was a lawyer who took his computer in to have the data on the hard drive switched to a new computer. The service guy doing the job noticed file names suggestive of child pornography and he saw at least … Continue reading →
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Crash near Flying J blocked traffic for one hour
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: 02/04/2017 12:24 p.m. Please direct questions to the District Office On February 4, 2017 at 10:20 a.m., Idaho State Police investigated a two-vehicle injury crash on U.S. Highway 93 near milepost 53.5, in front of the Flying J. John Gott, 33, of Twin Falls, was northbound on U.S. 93 in a Ford F-250 driving in the left lane. Mickey McConnell, 50, of Umatilla, Oregon, was stationary in a Ford Expedition waiting to turn southbound from the Flying J parking lot. McConnell's vision was obstructed by a semi turning into the parking lot. As he attempted the left turn southbound, he failed to yield to and collided with Gott's F-250. Both drivers were wearing…
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Rechtskommission Nationalrat – Modernisierung des Grundbuchs
Die Rechtskommission des Nationalrats hat am 2. und 3. Februar 2017 unter dem Vorsitz von Nationalrat Jean Christophe Schwaab (SP, VD) in Bern getagt. Sie hat sich dabei erneut mit der Vorlage zur Modernisierung des Grundbuchs auseinandergesetzt (s. Medienmitteilung). Die Kommission hat sich von der Verwaltung über diverse Aspekte der Vorlage wie insbesondere die Frage der Aufgabenträger im Bereich des informatisierten Grundbuchs und des Einsatzes eines sektoriellen Personenidentifikators im Grundbuch informieren lassen. Sie wird sich gestützt auf die neuen Erkenntnisse an einer ihrer nächsten Sitzungen wieder mit dem Geschäft befassen. Adrian Mühlematter http://www.lawblogswitzerland.ch
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Commercial DUI Lawyers in Las Vegas
If your job involves driving a truck or bus, then you probably have a commercial driver’s license. Nevada has a separate law for people with a CDL and are arrested for a DUI. Defined under NRS 484C.120, this law imposes a lower BAC limit than is standard for other drivers. It’s imperative that you speak with commercial DUI lawyers in Las Vegas to maintain your livelihood. While most drivers would have to reach a BAC of 0.08 before they are likely to be arrested for a DUI, commercial drivers are held to a stricter limit of just 0.04. Even a BAC of lower than that amount can result in an arrest if the officer believes that the driver is behaving in an impaired manner. Being a commercial driver who is charged with a DUI is no easy thing. Fortunately, a qualified commercial DUI defense attorney can use several defenses that may get the charges reduced or dropped. For instance, the attorney might argue that the vehicle being operated was not a commercial vehicle.…
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The Death Penalty Teleforum Debate with Prof. Steiker
I do not yet have a link to the full recording of yesterday's teleforum debate about the impact of the recent elections on the future of the death penalty. In the interim, I want to post what I wrote out for my opening statement.As Kent noted in following up, one of the central questions in this discussion is: Who gets to decide the issue? In a matter of this moral gravity, should ordinary voters have a chance to decide for themselves (as they did in Nebraska, Oklahoma and California), or should the decision be reserved to the ruling classes?I addressed that in my opening remarks, as you can see after the break. I'm tempted to say that the recent election was the moment when opposition to the death penalty shipwrecked, but I think it's more accurate to say it's merely when the shipwreck became visible. Opposition to capital punishment had been in trouble for some time, first because it had already picked the low-hanging…
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Trump Fail: U.S. Borders Re-open, Visa Cancellations Reversed
As a result of an Order by a federal judge in Seattle, the State Dept has reversed its orders cancelling visas of persons from 7 countries. Our borders are open to their citizens. Trump is furious, threatening an appeal. Etihad Airways, the United... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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What Happens When Two Tests Give Different Results In An Ohio DUI/OVI?
Joe was arrested for DUI / OVI, and the officer had Joe take a breath test and a urine test. The breath test showed an alcohol level under Ohio’s limit, and the urine test showed an alcohol level over Ohio’s limit. Based on the urine test result, Joe was prosecuted for operating a vehicle with a prohibited concentration of alcohol in his system. Should Joe be found guilty of OVI? This scenario is not hypothetical: “Joe” was my client. Joe came to the attention of the officer because one of Joe’s headlights was out. The officer turned around to follow Joe and reportedly observed Joe’s tire go over the lane line one time. The ‘marked lanes’ violation was not recorded on video, although the remainder of the incident was. The officer stopped Joe and noticed the odor of alcohol. When asked, Joe explained he went to a wings restaurant and had a few beers with dinner. The officer…
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Is the marijuana industry now "too big to jail"?
The question in the title of this post is prompted by this recent Los Angeles Times article, which is headlined "Trump's Justice Department may crack down on thriving pot industry, but is it too big to jail?". Here are excerpts: The election of Trump has shocked the marijuana industry into...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/4Jc2krEvtOc" height="1" width="1" alt=""/>
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The So-Called Rule of Law
In the aftermath of what appears to be a not-well-thought-out xenophobic executive order banning—or pausing, or just plain being confused, which goes back to the idea that it was not-well-thought-out—anyway, in the aftermath, a number of judges have issued stays. Thus, the Donald is learning that executive orders notwithstanding, He’s not—not yet, anyway—the Supreme Ruler in the sense that say, Putin, or Kim Jong-un, are Supreme Rulers of their respective disreputable countries. And His predictable response? The opinion of this so-called judge, which essentially takes law-enforcement away from our country, is ridiculous and will be overturned! — Donald J. Trump (@realDonaldTrump) February 4, 2017 The probably also predictable response of the twitters is to point out that he’s not a so-called judge, anymore than He Who Believes Himself King is a so-called President; that is, in the same sense things became trumped up, and the Donald…
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"The Death Penalty as Torture From the Dark Ages to Abolition"
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