The child victim’s claim that defendant used his cell phone to take pictures of the two of them having sex logically supported a search warrant for defendant’s computers in his house because of the ease with which images can be … Continue reading →
OH8: Taking pictures of sex with a minor with a cell phone supports SW for home computer for storage
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OH8: Smell of raw MJ from car didn’t support search of envelopes in car
Defendant was stopped by Cleveland State University officers for a traffic offense, and there was a strong smell of marijuana coming from the car. That gave probable cause to search generally for the source of the marijuana, but the court … Continue reading →
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OH11: Getting beat up in a bar fight permits a community caretaking search of your person
Defendant was beat up in a bar fight. He bled all over his shirt and his jaw was swollen. He rejected efforts for medical help, but the officer’s stop of him was reasonable under the community caretaking function. That community … Continue reading →
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Injury Crash US95@280.4
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 2 Patrol 2700 North and South Highway Lewiston, ID 83501-1732 (208) 799-5151 Fax (208) 799-5146 For Immediate Release: 02/28/17 11:00 PM Please direct questions to the District Office On February 28th, 2017 at approximately 5:05 PM, an injury crash occurred on US95 near milepost 280.4, just north of Winchester,ID. A white 1997 Honda Civic driven by a 17-year old juvenile, lost control of his vehicle and went left of center striking a southbound vehicle. The southbound vehicle was a white 2011 Ford F350 pickup driven by Samuel R. Ruggles (31 years). The Ford pickup then struck the guardrail on the west shoulder and rolled approximately 100 feet down the embankment. The roadway was blocked for approximately 4-hours during the recovery of the pickup. All occupants were wearing…
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Injury Crash Cottonwood Creek Rd/Tom Beall Rd
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 2 Patrol 2700 North and South Highway Lewiston, ID 83501-1732 (208) 799-5151 Fax (208) 799-5146 For Immediate Release: 02/28/17 11:10 PM Please direct questions to the District Office On February 28th, 2017 at approximately 5:20 PM an injury crash occurred on Cottonwood Creek Rd approximately 1/4 mile south of Tom Beall road, north of Culdesac, ID. A black 2004 Chevy Trailblazer driven by Anthony W Gill (42 years) of Lewiston, ID was traveling northbound on Cottonwood Creek Road. He failed to maintain his lane, crossed into oncoming traffic lane and went off the roadway into a field. The vehicle overturned, pinning Gill between the vehicle and the ground. Gill was not wearing his seatbelt. The roadway was not blocked. Alcohol is involved and the investigation continues. RS…
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Texas Needs New Asset Forfeiture Law Reform: Spread the Word
Asset forfeiture: yes, we’re back on the stump about it again. First, let’s talk about the status of the pending asset forfeiture reform legislation as of the end of February 2017. We wrote about this proposed legislation right around Christmas; see the details in “Will Texas End Civil Forfeiture in 2017?” 1. Texas Senate On Monday, Texas Senate Bill 380 (the Asset Forfeiture Reform Bill) remained in the State Affairs Committee as a second co-author was authorized for the bill. Now, State Senators Chuy Hinojosa (McAllen) and Borris Miles (Houston) join author Senator Konni Burton as co-authors. Alongside it sits Texas Senate Bill 663, also before the State Affairs Committee. This is a bill to have any assets forfeiture in the State of Texas be allocated to crime victims. So, if you’ve got forfeiture, it’s not policing for profit any longer. (Follow its progress and read the full text of the proposal online…
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Targeted, Concise Treatments for the American Health Care System
David Orentlicher, Controlling Health Care Spending: More Patient “Skin in the Game?”, 13 Indiana Health L. Rev. 348 (2016), available at SSRN.Barbara A. Noah, The (Ir)rationality of (Un)informed Consent, 34 Quinnipiac L. Rev. 691 (2016), available at SSRN. Zack Buck From a health law and policy perspective, the recent presidential election results have undoubtedly ushered in a new period of tremendous uncertainty. With President-elect Trump ascending to the office this year, it is likely that the health care delivery and financing system—to say nothing of the numerous health law syllabi in health care law courses across the country—will look radically different in the years to come. As I write, policymakers and prognosticators are debating which—and how many—pieces of the Affordable Care Act will survive. Nevertheless, no matter the makeup of American health care system in the future, many challenges the system currently faces will…
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Techniques to Reduce Employee Theft
It might be hard to believe, but each and every day companies are losing money because they not only give employees opportunities to steal, they encourage it. How? By not providing adequate oversight. A clerk, for example, sees that an error in an account wasn’t caught by anyone. A purchasing manager notices that no one is watching over his vendor relationships, and won’t know it if he establishes a fake account. Employees are not stupid. They know when they are being monitored and when their work is being checked. They know when they are working in an environment ripe for fraud. But you have honest employees, you say? You’re probably right. If we thought job applicants were criminals, we wouldn’t hire them. But situations occur where the temptation to steal simply becomes too much. Imagine owing money to a hospital or having an expensive (and necessary) car repair that you can’t afford. What if your child needs clothing or food? There may come a…
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Virginia criminal defense- Cases for challenging searches after a traffic stop
When I started doing criminal defense in 1991, I was reminded that drug cases often are won or lost by whether the drugs get suppressed. Seeking suppression of physical evidence is important in any criminal case alleging possession of contraband, and beyond, which is why I repeatedly blog about the Fourth Amendment, which provides: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” Today I share the following important Virginia Fourth Amendment appellate caselaw for challenging searches after a traffic stop: 1. “If… a reasonable person would not feel free to decline an officer’s requests or would not feel free to leave, the encounter is not consensual and…
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How do I clear a Failure to Pay Stop from my Illinois driver’s license?
If you fail to pay fines or court costs for a traffic ticket, the court may request that the Illinois Secretary of State to place a hold on your driver’s license which would prevent you from renewing an expired license or obtaining a license for the first time. This hold is also referred to as a “Failure to Pay Stop”. Technically, it is not a license suspension. In order to clear your driver’s license, you must satisfy the amount due to the court and/or file a motion to reopen the case. You may attempt to contact the specific courthouse where the ticket is assigned by phone to determine the amount owed and your payment options. However, it may be beneficial to appear in-person at the Clerk’s Office located within the courthouse to obtain this information. Once you pay the amount owed on the traffic ticket, you should obtain a Failure to Pay Fines Receipt for the Illinois Secretary of State. This receipt should be submitted to the…
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“Knowingly Seeking Out and Viewing Child Pornography” and “Possession”
This post examines a recent opinion from the Supreme Court of Colorado: Marsh v. People, 2017 WL 481608 (2017). The court began the opinion by explaining that ajury convicted petitioner Anthony Edwin Marsh of sexually assaulting three of his granddaughters and possessing more than twenty images depicting child pornography. Marsh appealed, and the court of appeals affirmed his conviction. Marsh v. People, ––– P.3d ––––, No. 08CA1884, 2011 WL 6425492 (Colorado Court of Appeals Dec. 22, 2011). We granted certiorari to consider whether the presence of temporary internet cache files stored on a person's hard drive can constitute evidence of `knowing possession’ as used in Colorado's child pornography statute, section 18–6–403, Colorado Revised Statutes (2016).Marsh v. People, supra.The opinion goes on to summarize the facts that led to Marsh’s conviction:Marsh allegedly sexually…
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The UnSpeech
I didn't watch Donald Trump's speech. I won't watch anything which contains his words or voice. Jimmy Kimmel declared it a "Trump Free Tuesday on his show last night -- no references to "the orange colored man and his Russian boyfriend."... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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¿Debate Laico o Religioso?
En: La Mula.pe. https://caviglia.lamula.pe/2017/02/13/curso-religion-peru-educacion-estado-laico/alessandrocaviglia Alessandro Caviglia Marconi I Filosofía y Crítica Social Este señor piensa en el Perú como si estuviéramos en la Edad Media y nos cuenta la historia –totalmente extraña a esta época- de los conservadores religiosos -una suerte de locos desfasados de la realidad- con el único objeto de apoyar la “ideología”, “entidad” o “equidad” de género y toda iniciativa relacionada con temas como el aborto en este momento de nuestra vida republicana. No cabe en mi cerebro pensar en la homosexualidad y el rechazo a esta conducta como producto “exclusivo” de la religión, sin duda algunas personas pueden confundir la palabra de Dios con conductas contrarias a la naturaleza que por serlo generan oposición también…
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Justices seem disinclined to limit federal judicial sentencing discretion in Dean
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#Cut50 an aspirational goal TX won't meet soon
Today, the #Cut50 campaign is holding a multi-state action day, including a small event in Austin.#Cut50 is a national proposal to reduce incarceration by 50 percent, which is a wildly ambitious suggestion by any measure. In Texas, for example, we've closed three prisons and are about to shutter more. But incarceration levels are down just 5.8 percent from their 2010 max.Certainly, there are no proposals on the table right now to cut 50 percent of Texas' prison population, which is already declining thanks to falling crime and the Lege increasing property theft thresholds in 2015. While there are several smaller bills which could reduce populations slightly, perhaps the most impactful bill on imprisonment levels with a significant chance of passage this session is HB 2398 by Phil King, a Republican member of the Speaker's leadership team. That legislation would reduce penalties for low-level drug possession from a state jail felony to a Class A misdemeanor…
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Woman in Las Vegas has Brutal Relationship with her Pimp
According to a Las Vegas police arrest report, Tyree Wright had strict rules for his woman. She had to give him $2500 from her sex work earnings and would have to sit behind him in the back seat of his car. If she did not comply he would beat her. Police say Wright started dating the woman in July 2014 and “convinced her to work for him as a prostitute and dancer.” Her name has not yet been released. Although she was afraid of Wright, she continued on in the relationship out of desperation. She did try to leave him once and changed the locks on her doors but, she left the door unlocked and he found her. It’s alleged in the arrest report that Wright made a videotape of him beating her and put it on social media. Continue reading →
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Arkansas Gov signs proclamations that could lead to eight executions in less than two weeks in next month
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Texas Marijuana Laws Possibly Changing
Even as many Texas citizens want marijuana to be legalized, lawmakers are slower on the draw. One state senator, however, is hoping to lessen penalties for those caught with weed. Joe Moody, a Democrat representing El Paso, is putting forth a bill to make possession of an ounce or less of cannabis punishable only by a small fine. This would greatly reduce stiff penalties that can send those in possession of two ounces or less to jail and have them bucking up a $2,000 fine This offense is currently a class B misdemeanor, while Moody would like to see it become a civil citation just like a parking ticket. This would eliminate not only time behind bars, but there would be no arrest and nothing on one’s criminal record. Harsh Repercussions Currently It would also avoid the downward spiral these drug offenses often send good people into. Not only does pot possession remain on your criminal record, drug possession in Texas also means a license suspension for six months.…
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Proposed Utah Bill Would Expand Definition of Felony Aggravated Assault to Include Strangling
After an aggravated assault conviction was thrown out on a technicality, Utah legislators moved to reexamine the state’s current legal definition of aggravated assault, with a focus on whether attempted strangulation — the act of trying to choke a victim – should be included. If the bill passes and the legal definition of aggravated assault in Utah is expanded to include attempted strangulation, choking attempts will become a third degree felony. Aggravated Assault Conviction Thrown Out Due to Incorrect Jury Instructions Recently a Salt Lake jury found defendant Timothy Walker guilty of aggravated assault in the attempted strangulation of his wife. However, in State v. Walker (2017), an appeals court vacated the conviction and ordered a new trial after determining that Walker’s Sixth Amendment and Fourteenth Amendment rights had been violated because the instructions given to the jury “relieved the State of its burden of proving, beyond a…
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Are Intellectual Property Retaliations Against Violators of WTO Agreements Ineffective?
Sarah R. Wasserman Rajec, The Intellectual Property Hostage in Trade Retaliation, 76 Md. L. Rev. 169 (2016), available at SSRN. Pam Samuelson Twenty-some years ago, there was much speculation about how well the World Trade Organization (WTO) dispute resolution process would work, and in particular, whether developed countries would be more likely to comply with their WTO obligations in respect of developing nations because the latter would have the right, subject to approval by the relevant WTO Dispute Settlement Body (DSB), to retaliate against violations of WTO obligations by suspending enforcement of intellectual property rights (IPRs) affecting the violator’s industries. A central premise of creating the right to retaliate against IPRs was that developed countries’ interests in ensuring respect for its nationals’ IPRs would create a more powerful inducement to treaty compliance than the opportunity to retaliate only against similar types of goods…
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