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NTSB recommends lowering the BAC from 0.08% to 0.05%

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The National Transportation Safety Board(NTSB) made a recommendation recently to lower the blood alcohol concentration(BAC) for drunken driving from 0.08% to 0.05% in an effort to reduce alcohol-impaired deaths. While it may take a while for this to become law it seems as though it may be inevitable based on the emotional state of communities around the country. The last...read more →The post NTSB recommends lowering the BAC from 0.08% to 0.05% appeared first on Arizona Criminal Law & Defense Blog.

What’s the Right Way to Respond to a Shareholder Books and Records Request?

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Delaware law gives shareholders the right to request corporate books and records in order to investigate issues that are of interest to them. For several decades now, Delaware courts have encouraged shareholders to take advantage of this right as a Read More

Lawyer Admits Lying to Further Real Estate Scam

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United States Attorney Bill Nettles stated today that Scott C. Allmon, age 38, of Easley, South Carolina, pled guilty today in federal court in Anderson to making false statements in connection with a real estate investment scheme, a violation of Title 18, United States Code, Section 1001. United States District Judge Timothy M. Cain accepted [...]

S.D.W.Va.: Officer entering car to roll up windows and turn on fan to aid drug dog sniff was trespass under Jones

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Defendant was stopped for a traffic offense, and the officer thought it suspicious that he insisted on calling his lawyer on his cell phone. (Never before in 1,000 stops.) The officer told him not to and he did anyway. Defendant also wouldn’t look at the officer and his breathing escalated. All this added up to reasonable suspicion. By this time, bystanders were accumulating and talking to the officers. “Another individual complained that law enforcement was “‘always bothering people’” or words to that effect. They called in a drug dog, and that was “a moment of truth” because, if the dog alerted, a search would occur, but if it didn’t, defendant would be let go. The officer entered the car over defendant’s objection to turn on the fan and roll up the windows to make it more likely that the dog would alert, and the dog did alert. That entry violated the Fourth Amendment under Jones because it trespassed on the interior of the car. United States v. Taylor, 2013 U.S. Dist. LEXIS 68388 (S.D. W.Va. May 14, 2013): [...] Read more!

IN THE NEWS: NTSB seeks to lower legal drinking limit to .05

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The National Transportation Safety Board has recommended that the limit for blood alcohol levels for drivers be lowered to 0.05.  The NTSB has also recommended that measures be taken to encourage broader use of interlock devices. Mothers Against Drunk Driving and the American Automobile Association have not yet endorsed the NTSB’s recommendations. In its report, more »

D.Ariz.: Defendant's refusal to tell his name or admit any link to the car he was in meant no standing

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Defendant was stopped and his vehicle had the back seat removed and there was burlap fibers and marijuana stems and leaves where the seat was. He was handcuffed and refused to identify himself. He had no proof of ownership or control of the car. Bundles of marijuana were found nearby in the desert. Defendant did not show standing in the car; he put nothing on to attempt to show any link to the car. United States v. Buchanan, 2013 U.S. Dist. LEXIS 69107 (D. Ariz. May 15, 2013), R&R 2013 U.S. Dist. LEXIS 69108 (D. Ariz. March 7, 2013). Defendant house was searched, and a gun was found and unloaded. It was reasonable for the police to control the gun to prevent its use. When defendant’s immigration status was learned, it was a felony for him to possess the firearm, and the seizure was lawful. United States v. Menjivar, 2013 U.S. Dist. LEXIS 68661 (N.D. Ga. May 14, 2013).* Defendant pled guilty and his PSR was prepared. Five days later he filed a motion to suppress. After his guilty plea was not timely. United States v. Montes, 2013 U.S. Dist. LEXIS 68497 (E.D. Tex. April 23, 2013).

Bowers on how Lafler and Frye help the government

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Josh Bowers (University of Virginia School of Law) has posted Lafler, Frye, and the Subtle Art of Winning by Losing (Federal Sentencing Reporter, Vol. 25, No. 2, pp. 126-130, 2012) on SSRN. Here is the abstract: In its recent decisions,...

N.D.Ga.: Midnight knock-and-talk troublesome but not involuntary on totality

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The nighttime (11:45pm) knock-and-talk is troublesome, but the defendants were up and the rest of the encounter shows that it was voluntary. United States v. Bearden, 2013 U.S. Dist. LEXIS 67975 (N.D. Ga. April 17, 2013): [...] Read more!

Broward Judge issues warrant for Chad ‘Ochocinco’ Johnson

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Former Miami Dolphins wide receiver Chad Johnson may have lost Dancing with the Stars, but he may now be dancing his way to jail. The Broward Sheriff’s office on Thursday announced that they had issued an arrest warrant for the trouble-prone one-time twinkle-toes for skipping out on his probation and a court-ordered domestic violence counseling [...]

Madden on Criminal Evidence and Human Rights

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Mike Madden (Schulich School of Law at Dalhousie University) has posted Book Review - Criminal Evidence and Human Rights: Reimagining Common Law Procedural Traditions, Edited by Paul Roberts and Jill Hunter ((2013) 50:4 Osgoode Hall Law Journal) on SSRN. Here...

In Need of a Cleveland Criminal Lawyer?

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If you or someone you know is under investigation or facing charges in a criminal case, it is important to consult with a criminal lawyer in order to evaluate the case and prepare a defense tailored to the facts. The Cleveland based law firm, Friedman & Frey, L.L.C., has a team of dedicated Cleveland criminal lawyers who are prepared to meet with you and discuss the situation. We can be reached anytime at (216) 928-7700 and can be found on the web at http://www.FAFLegal.com

Crash on the Eagle Offramp in Meridian

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 5/16/2013 9:00 p.m. Please direct questions to the District Office On May 16, 2013, at approximately 5:40 p.m., the Idaho State Police investigated a four vehicle crash on the offramp for Eagle Road in Meridian. Andrew J. Pribek, 28, of Meridian was driving a 2001 Suzuki motorcycle west on Interstate 84 near the Eagle offramp. Pribek approached the offramp and encountered traffic that was slowing down. He could not stop in time to avoid a collision. Pribek struck the rear of a 2007 Ford Expedition driven by Robert D. Osborn, 40, of Blackfoot. The impact caused Osborn to drive forward into the back of a 2000 Hyundai Elantra, driven by Debra S. Barnes, 55, of Caldwell. That impact pushed Barnes into the back of a 2008 Honda Ridgeline pickup, driven by Jayme A. Hoff, 35, of Meridian. Ada County EMS responded to the scene, but no one was transported. Pribek was wearing a helmet, and all drivers were wearing seatbelts. The right lane of Interstate 84 was blocked for approximately one and a half hours. -------------

Cassell & Mitchell on Applying the Crime Victims' Right Act Before Charges

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Paul G. Cassell and Nathanael J. Mitchell (University of Utah - S.J. Quinney College of Law and University of Utah - S.J. Quinney College of Law) have posted Crime Victims’ Rights During Criminal Investigations? Applying the Crime Victims’ Rights Act...

AUSTRALIA - Find a better way to keep our children safe

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Original Article05/16/2013By ROB HULLSSex offenders are seen by the community as the scum of the Earth. They are considered to be monsters, people who should be abandoned by the community, locked up for a very long time, placed on a sex offenders register and, if they are ever released, monitored for life. Recently, we read in the Herald Sun that new technology will mean that these heinous offenders will have tracking devices attached to them, so if they're not in jail, "we" know where they are. But is there a better way? Does placing someone's name on a sex offenders register protect the community? Does putting an ankle bracelet on someone make our children safer? Let's look at some facts. The Victorian Law Reform Commission's 2011 report on the Sex Offenders Registration Scheme found that there is little evidence to suggest that registration schemes are an effective means of reducing child sexual abuse because they deter offending. In fact, the report found that most sex offences are committed by people with no previous convictions for offences of that type. Importantly, the report found that details about people who might be potentially dangerous reoffenders sit alongside those of offenders who pose no risk of harm, with police and child protection authorities having no reasonable means of allocating risk ratings, and investigative resources, to particular offenders. Despite that, at the current rate of increase, there will be approximately 10,000 registrations by 2020. No doubt the new, you-beaut, whiz-bang one-size-fits-all tracking scheme will also grow like topsy with, as the Herald Sun reports, sex offenders, arsonists and boozers being monitored 24/7. That should make us all feel safe - shouldn't it? The reality is quite different. Recently in Indianapolis in the US the systems at a GPS tracking company crashed. Believe it or not, police throughout the nation had to scramble and lock up 16,000 criminals until the problem was solved. And of course GPS monitoring relies on someone actually watching and understanding the signals being transmitted from the device. As critics of the system in Vancouver make clear, GPS monitoring does not alert corrections officers when an offender commits an offence, but merely indicates their location. Again, I suspect, as with the registration scheme there will be no reasonable means of allocating risk and investigative resources. While the policy might, during a 24-hour news cycle, have the objective of making people think the Government is tough, and will make everyone safer from these deviants, it's not and it won't. There is a better way, but it's hard and it involves the community not abandoning these people.Circles of Support and Accountability, or CoSA, is a community-orientated, restorative justice-based reintegration program that assists people in their effort to re-enter society after a period of incarceration for a sexual offence. It exists in Nova Scotia, Canada as well as in some parts of the UK and USA. A "circle" involves three to five trained volunteers from the community who commit themselves to forming a circle around, supporting and holding accountable the offender or "core member". The circle meets regularly to facilitate the core member's practical needs such as access to medical services, assistance with housing and employment and providing emotional support. In return, the core member commits to open communication with the circle regarding his identified risk factors, problematic behaviour and day-to-day problems in an effort to end his offending and increase public safety. The motto of CoSA is No more Victims: No one is Disposable. Early evaluations suggest that the approach works with massive reductions in recidivism, or reoffending rates, compared with offenders not involved in a "circle". Yes, it's easy to dispose of people who commit crimes, but to do so places a big financial burden on all of us, and to what end? Crime rates rise while our prison population escalates and more money is spent on registers and tracking people.If the community is serious about wanting to be safer and reducing crime, then surely we have to do more than just listen to the "tough on crime" rhetoric of our politicians. It's hard, but we have to get involved. As a CoSA volunteer said: "I used to be like everyone else. I hated these guys. Then I met one. He's a human being. Once I understood that, I could not turn my back on him. I hate what he's done but if he's willing to do his part, I'm willing to be there to help him. I don't want there to be any more victims." And shouldn't that be the bottom line?Rob Hulls was Victoria's attorney-general and now is director of RMIT's Centre for Innovative Justice© 2006-2013 | Sex Offender Issues

MO - Sex Offenders Left Out of Halloween Law Lose Fees

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Original Article05/16/2013By JOE HARRISST. LOUIS (CN) - A group of convicted sex offenders who fought back when Missouri tried to restrict what they could do on Halloween are not entitled to legal fees, the 8th Circuit ruled (PDF). Under the 2008 Halloween Statute, Missouri said that every Oct. 31 all registered sex offenders would have to avoid "all Halloween-related contact with children," post a sign saying that there was no candy at their homes, and spend most of the night in their houses with the outside lights off. Six individuals who had previously been convicted of sex offenses challenged the rules as unconstitutional, but the law was in force on Oct. 31, 2008, after the 8th Circuit tossed an injunction. That year, Missouri charged [name withheld] with violating the Halloween Statute, but a circuit court dismissed the charge because it found that the law violated the state's prohibition on retrospective laws since [name withheld]'s conviction predated enactment of the Halloween Statute. Later the Missouri Supreme Court considered [name withheld]'s case with another sex offender named in the court documents as F.R. The federal court stayed its consideration of the six offenders' case pending the conclusion of the state-court case. In January 2010, a majority of the Missouri Supreme Court concluded that the Halloween Statute violated the state Constitution as applied to [name withheld]. Since enactment of the Halloween Statute also predated the convictions of any of the anonymous plaintiffs in the federal case, Missouri conceded that it would be unconstitutional to prosecute any of them, and the case was dismissed as moot. The court ordered the John and Jane Does to bear the costs of the federal action, but found that they were entitled to about $22,000 in attorneys' fees as prevailing parties. A three-judge panel of the 8th Circuit affirmed dismissal but reversed the award of fees last week. "The dismissal on mootness grounds in the instant case was not the result of the Does prevailing on the merits of any of their claims," Judge Roger Wollman wrote for the court. "Instead, it was the product of a voluntary change adopted by the officials' in the face of the Missouri Supreme Court's decision in F.R. Under these circumstances, the Does are not entitled to prevailing party status simply because the voluntary change in conduct is recognized in an order of dismissal." Chief Judge William Jay Riley and Judge Michael Melloy joined the opinion.© 2006-2013 | Sex Offender Issues

WA - Puyallup-Led Bill to Restrict Sex Offender Housing Signed into Law

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Original Article05/17/2013By Lauren Padgett Residents of the 25th Legislative District who are concerned about community and neighborhood safety can breathe a bit easier now. That’s because Gov. Jay Inslee has signed Sen. Bruce Dammeier’s bill to address concerns about the state housing-voucher program for offenders. Many people from Puyallup, Dammeier’s district, were present for Thursday’s signing of Senate Bill 5105 (PDF). They included Julie Door, a citizen lobbyist who became integral to the discussion that produced the new law, utilizing the Facebook page Shaw ComeTogether. “While this measure addresses major concerns for the people of my district, it will also positively affect other neighborhoods and communities all across the state,” said Dammeier, R-Puyallup. “This bill increases transparency and clearly outlines conditions to which the state Department of Corrections must adhere when issuing housing vouchers.” Senate Bill 5105 states that when a sex offender is released into the public, there must be an approved plan that outlines living arrangements prior to release. If the release plan is not approved, they could be denied residency and might be transitioned through another jail program. Rental vouchers, which help offenders transition back into society, are only to be given for the first three months after their release. The Department of Corrections will also maintain an approved list of halfway houses and voucher recipients, the bill states. If more than two offenders live in the same place, those housing vouchers will only be eligible if the housing situation has been approved to handle the larger volume of high-risk occupants. The department will consider the location of the house and neighborhood in their decision of whether or not a residence is eligible for the housing voucher program. Procedures will be adopted that prevent a cluster of "halfway houses" in any given town. When a property becomes considered for a halfway house, law enforcement authorities will be notified and community impact statements will be accepted and considered during the application process. In situations where four to eight offenders are eligible to live together (or greater number than permitted by local code), then the DOC must provide transitional support that verifies the offender is participating in counseling, sex offender treatment and other programs that develop positive living. These new measures and push for the Senate bill started last year, when Puyallup’s Shaw Road neighborhood became a possible location for a halfway house for newly-released offenders. It's truly a relief to the community, Door posted on Facebook. "This was the culmination of an AMAZING community effort," Shaw ComeTogether posted. "Puyallup citizens should be proud of the effort they put forth to keep our communities safe!"© 2006-2013 | Sex Offender Issues

FL - Jury convicts ex-Miramar police captain (Juan De Los Rios) of ordering girl, 15, to expose herself

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Juan De Los RiosOriginal ArticleYet another officer from Florida who has committed a sex crime. The list is growing.05/17/2013By Tonya Alanez Not only did the Miramar police captain order a 15-year-old girl to pull down her pants and underwear to prove she wasn't having sex in the backseat of a car, but with a flashlight in hand he directed her to spread wider so he could get a better look, a prosecutor said in closing arguments Friday. It took a Broward jury exactly two hours Friday evening to reach a unanimous decision to convict Juan De Los Rios, now retired, of one count of lewd and lascivious conduct for making the girl expose her genitals. They acquitted him of another count that accused him of directing the girl to expose her breasts. De Los Rios, 47, stood and took the verdict stoically, his hands clasped in front of him. He was immediately handcuffed, fingerprinted and taken to the Main Jail. De Los Rios faces 15 years in prison at his June 7 sentencing before Broward Circuit Judge Lynn Rosenthal. The chief of the Miramar Police Department was quick to distance the agency from the now convicted captain, issuing a statement within an hour of the verdict that called De Los Rios' actions "abhorrent" and an aberration within the force. "I want to extend my deepest sympathies to the victim and those who were affected by this unfortunate incident," Chief Ray Black said. "No member of the department is above the law and any report of such officer abuse of authority will be thoroughly investigated, and if wrongdoing is found, appropriate measures will be taken." On Jan. 18, 2012, De Los Rios encountered the girl and her boyfriend, 19, making out in the backseat of a car in the parking lot of the Fountains of Miramar on Dykes Road. It was about 2 p.m. "This was a person of authority saying, 'Drop your pants, spread your legs," prosecutor Adriana Alcalde-Padron said. "He took advantage of his position." Earlier in the week, the girl, now 16, testified that she was humiliated and intimidated and complied because he was a cop. Her boyfriend's testimony matched hers. "This is a fantastic tale" concocted to cover up the couple's "illicit relationship," Juan De Los Rios' defense attorney, Alberto Milian said, emphasizing that the couple initially lied about the nature of their relationship and how long they'd known each other. Milian argued that the girl's boyfriend, Steven Gaynor, should have been prosecuted for engaging in an ongoing sexual relationship with a minor rather than receiving immunity in exchange for his testimony. But Alcalde-Padron said: "We have to weigh what's more important in this case. This case is not about [the couple's] illegal relationship, this case is about the government abusing its power with this young, vulnerable girl." De Los Rios retired about a month after his June 2012 arrest.Video Link | Additional Video© 2006-2013 | Sex Offender Issues

Colorado Senate Rejects Bill to Set Marijuana BAC Counterpart

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For some time, the Colorado legislature has been reviewing a bill that aims to set a legal limit for drivers with regards to marijuana use. Under this bill, House Bill 13-1114, the legal limit for driving and marijuana use would be 5 nanograms per milliliter of blood for THC (which is marijuana’s psychoactive ingredient). This [...]

Colorado Senate Rejects Bill to Set Marijuana BAC Counterpart

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For some time, the Colorado legislature has been reviewing a bill that aims to set a legal limit for drivers with regards to marijuana use. Under this bill, House Bill 13-1114, the legal limit for driving and marijuana use would be 5 nanograms per milliliter of blood for THC (which is marijuana’s psychoactive ingredient). This [...]

MO - Bill leaves juveniles off sex offender site

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Original Article05/17/2013JEFFERSON CITY (AP) - People convicted of committing sexual crimes when they're 17 or younger would not appear on Missouri's public website of sex offenders under legislation heading to Gov. Jay Nixon. Lawmakers gave the measure (HB-301, PDF) final approval Friday. The names of such offenders would still be included on the state's official sex offender registry — but only law enforcement officials would have access to the registry. Juvenile offenders eventually could be removed from that registry through a court order.- This is how it should be for all ex-offenders. The list should be offline and used by police only. The legislation would also let local law enforcement access the Department of Corrections' GPS monitoring logs of sex offenders who are out on conditional release.© 2006-2013 | Sex Offender Issues
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