New Law Review Article: Jeremy Greenberg, A Modern Major Statute: Illinois Raises the Bar in Protecting Citizen Privacy from Cell Site Simulators, 1 Geo. L. Tech. Rev. 147 (2016)
New Law Review Article: A Modern Major Statute: Illinois Raises the Bar in Protecting Citizen Privacy from Cell Site Simulators
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DIARY OF A MAD PRESIDENT 2 25 2017
Dear Diary...It's been a good week. An amazing week. No one has ever seen a week like this in the presidency. BUT...there are some nagging little things I need to take care of next week. First, fire this National Security Advisor guy. He got good press. Smart. Capable. It's rubbing me the wrong way. Where was he when I banned muslims from entering the country? Not here. Where was he when I signed the order deporting Arizona? Not here. Those are the real accomplishments of this presidency and what the fake press should be writing. He's gone. Ralph, the head doorman at Trump Tower handled the security for my lobby for ten years. No crazies ever got in. National security. Lobby security. What's the diff? Ralph is my new guy. He knows not to talk to the press and he's already got the uniform with the big hat. It will add some class to this place. Second, I have a Jewish problem. I'm not the first world leader to have one. But I've got…
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S.D.Tex.: Dashcam video doesn’t support the conclusory basis for stop; suppressed
“The dash-cam video shows that Bourn was travelling at highway speed and there was moderate traffic on the highway. There is no evidence regarding the speed of the truck or other vehicles or the distance between Bourn’s vehicle and the … Continue reading →
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D.Alaska: Handcuffing def to take to FBI office for interview an arrest, no matter what the policy says
Handcuffing the defendant and transporting him to the FBI office was an arrest under Kaupp v. Texas. The fact that’s policy is irrelevant. “The fact that it is FBI policy to handcuff defendants being transported in FBI vehicles is irrelevant. … Continue reading →
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Suspect in Karina Vetrano Murder Gives a Detailed Confession
It was over six months ago that 30 year-old Karina Vetrano went for a jog at Spring Creek Park near Howard Beach, Queens, New York and did not return. Karina was found raped and murdered prompting a massive manhunt that left the New York City Police without a suspect. Police had several leads but all fell short when trying to identify a suspect. Police hoped that DNA evidence would serve as a link to Karina’s killer as she scratched the attacker leaving his DNA under her fingernails, however, it was not a match to any State or National database, leaving Police still searching for a suspect. The New York City Police recently had a break in the case when Lt. John Russo, a Detective, recalled several complaints about three months before Karina’s murder regarding a “suspicious person” holding a crowbar in the area adjacent to Spring Creek Park. At the time of the complaints, Police located the individual, Chanel Lewis,…
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DC: Def was stopped, name run, then his cigarette pack requested; not consensual
Officer’s stop of defendant, running his name for warrants, and then requesting his cigarette box was coercive and not consensual. Jones v. United States, 2017 D.C. App. LEXIS 17 (Feb. 23, 2017)*: Even so, an encounter in which a visibly … Continue reading →
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OH10: Bare bones findings didn’t support finding search was valid; remanded
The trial court’s bare bones findings were insufficient to support the conclusion that the search was valid. Remanded. State v. Edwards, 2016-Ohio-4771, 2016 Ohio App. LEXIS 5413 (10th Dist. June 30, 2016). Not challenging the Playpen warrant in this case … Continue reading →
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Disconcerting review of modern America highlighting impacts of opioid epidemic and mass criminal enforcement
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Privacy for New York Facebook Users Could be a Thing of the Past
Our New York Trial Lawyers have a surplus of experience in defending our client’s Fourth Amendment rights, which protect a person against unreasonable searches and seizures. With new technology always developing and the ability to store unlimited amounts of information on a smartphone or website, the protections provided by the Fourth Amendment are constantly looked at and interpreted to see how they apply to this type of data. This was the central issue of an argument made before New York’s High Court earlier this week after an investigation was launched by the Manhattan District Attorney’s Office into whether certain municipal employees took part in a scheme to fraudulently receive disability benefits. As part of the investigation, 381 search warrants were directed toward Facebook seeking information contained on the accounts of those municipal employees. Facebook ultimately complied after failed attempts to quash the…
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CA6: Hodari D. doesn’t distinguish between accidentally or intentionally dropping contraband; it’s still abandonment
Officers pulled up to stop defendant on the street seeing a gun in his pocket, and he fled, dropping the gun. “Defendant also argues that Hodari D. is inapplicable because he inadvertently dropped his weapon, as opposed to ‘intentionally abandoning’ … Continue reading →
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CA8: Def had no standing in sex trafficking victim’s cell phone
Defendant sought to challenge is previously waived search issue by seeking to withdraw his guilty plea. The phone belonged to his sex trafficking victime, so he apparently doesn’t have standing. United States v. McHenry, 2017 U.S. App. LEXIS 3358 (8th … Continue reading →
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Speed up criminal cases without sacrificing Canadian rights: 11 certain and quick fixes
Speed up criminal cases without sacrificing Canadian's fair trial rights: 11 easy fixes Last week, Ontario's Attorney General Yasir Naqvi called upon the federal government to consider a drastic reduction, and removal in most cases, of a long lasting right of Canadians who are prosecuted for serious crimes: the removal of the preliminary [...]
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CA10: GFE saves general warrant where affidavit specific and affiant served the warrant
Where officers obtained a warrant and searched two cell phones seized at the time of defendant’s arrest, the search warrant was invalid because it did not satisfy the particularity requirement since it did not identify either of the phones that … Continue reading →
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California folks gearing up for possible fight with feds over marijuana law and policy
This new lengthy Los Angeles Times article, headlined "California officials and the marijuana industry are ready to fight a federal crackdown," reports on what folks on the Left Coast are thinking and saying in the wake of the recent comments from White House press secretary Sean Spicer suggesting the Trump...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/bDdsVHWhWkg" height="1" width="1" alt=""/>
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"Conservative Criminal Justice Advocates Try To Change The System — Even In The Trump Era"
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"Recreational Cannabis — Minimizing the Health Risks from Legalization"
The title of this post is the title of this notable new piece by RAND's Beau Kilmer appearing in the New England Journal of Medicine. Here are excerpts from the start and end of a useful short commentary: The cannabis-policy landscape is undergoing dramatic change. Although many jurisdictions have removed...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/LoorH-y5LcE" height="1" width="1" alt=""/>
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Fighting Your Trinity College Arrest & School Discipline Proceedings
With nearly 2500 students and a robust social scene that includes fraternity and sorority parties (18% of students participate in Greek life), it’s no surprise that Trinity College is cracking down on student drinking and marijuana use, as well as aggressively investigating rape and sexual misconduct allegations through Trinity College disciplinary and Title IX rules and regulations when required. So if you or your child has been arrested at Trinity College, it’s critical that you consult with a top Trinity or Hartford Connecticut criminal lawyer attorney who has experience in fighting both the arrest in Hartford criminal court, as well as the Trinity College school disciplinary proceedings which will inevitably ensue as a result of the arrest. Trinity College Arrests Report To Hartford Superior Court Any of the best Hartford Connecticut criminal lawyers and attorneys know that a Trinity College campus or off-campus arrest will report the criminal division at…
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False Claims Act case against Lance Armstrong Cycle’s On
Back in 1995 the United States Postal Service (USPS) sponsored the cycling team headed by Lance Armstrong, its top rider. In 2000 Lance Armstrong won the Tour de France and the USPS renewed its sponsorship of the team so long as Armstrong remained part of it. The USPS paid about $32 million to the team from 2000 to 2004. Problems arose however after it was revealed that the riders used performance enhancing drugs (PEDs) which was contrary to the contract with the USPS which required the riders to comply with the rules of professional cycling and be drug free. In 2010, Armstrong’s former USPS teammate Floyd Landis filed a False Claims Act lawsuit against Armstrong[i] and others accusing them of violating the False Claims Act because of their PED use and their failure to disclose it. In 2013, Armstrong admitted to his use of PEDs. The United States is now seeking almost $100 million in damages. The District Court issued an opinion after both the government and the…
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Can A Driver Be Convicted Of Ohio DUI/OVI Based On Circumstantial Evidence?
It Seems Like A Good Defense On Television Television and movies would have us believe ‘circumstantial evidence’ is a viable defense in court. You can picture the dramatic scene in which a defense lawyer tells a prosecutor the prosecutor’s case is ‘merely circumstantial’. In a real courtroom, however, there is no defense of ‘circumstantial evidence’. In fact, Ohio OVI convictions are almost always based on circumstantial evidence, as demonstrated by a recent Ohio appellate case. The recent case is State v. Foos. Foos crashed his car into a concreate barrier wall. Police officers responded to the accident scene observed that Foos seemed very intoxicated. The officers smelled the strong odor of alcohol coming from Foos, heard Foos talking with slurred speech, and saw Foos was wearing a wrist band which appeared to be from a bar. Foos had difficulty balancing, refused to perform field sobriety…
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Top-Ten Recent SSRN Downloads in Criminal Procedure eJournal
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 463 Judge Gorsuch and Johnson Resentencing (This is Not a Joke) Leah M. Litman University of California, Irvine School of Law Date posted to database: 24 Jan 2017 2...
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