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CA9: Hearing apparent domestic abuse inside from choking and threatening to use a gun justified police entry

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“The district court properly concluded that probable cause and exigent circumstances justified the police officers’ warrantless entry into the apartment. The officers heard Harris and Leanna Devad fighting; witnesses reported hearing choking sounds and hearing Devad say that Harris had … Continue reading →

PA: SW for house permitted search of guest’s pants that were on floor when the police arrived

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Police came with a drug search warrant into the house of another where defendant was sleeping with a woman, and told him to get up. He reached for his nearby pants, and they took them and searched them finding his … Continue reading →

Top-Ten Recent SSRN Downloads in Criminal Procedure eJournal

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are here. The usual disclaimers apply. Rank Downloads Paper Title 1 484 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...

Connecticut High School or College Arrest? Take Down Social Media ASAP

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This has probably happened to me 3 times in my 18-year career. A Connecticut teenager or college student client of mine is arrested in Darien, Wilton, or Greenwich Connecticut for either a drug, alcohol or sexual assault-related crime. As part of their case, I meet with the prosecutor and argue emphatically that these are good kids—hard-working students—who don’t get into trouble and hang around in a good crowd. And then the prosecutor reaches into her file and pulls out a printout of my clients’ Facebook or Instagram pages and shows me outrageous photos. All from dates AFTER their arrests. The photos speak for themselves: kids crushing beer cans on their heads, someone guzzling beer through a funnel (doing a handstand no less!), and another kid looking very drunk with two girls around his arms. Are the photos illegal? No. But they make terrible impressions and completely undermine the work of the criminal defense attorney trying to get your…

Tenth Amendment Center: Massachusetts Bill Would Ban Warrantless Stingray Spying

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Tenth Amendment Center: Massachusetts Bill Would Ban Warrantless Stingray Spying by Mike Maharrey: BOSTON, Mass. (March 10, 2017) – A Massachusetts bill would generally prohibit the warrantless use of stingray devices and the collection of electronic data stored by service … Continue reading →

BYE BYE BIRDIE

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UPDATE: NY Times reports here that Bharara is refusing to resign!PB is refusing to go gently into that good night. Pardon us a moment while we offer PB some private advice. (sotto voce:  PB, buddy. You can't do this. We mean, the man is a nut and incompetent and not fit to be dog catcher in Queens, but like some judges we both know in the SDNY, you have to respect the office if not the man/woman who holds it. And DJT is president. And in our humble legal opinion, you serve at the pleasure of the president, even if he is the worst out of the 45...even including Taylor, Tyler, Andrew Johnson, Harding and Hoover. You can't just stay. They will arrest you for trespass and interference with a governmental institution. And the guidelines with enhancements...oy. You've made your point. You read the blog. You're fighting the power. Now pack up the desk, and the paperweight, and the flag, and get out while you can.)45 and his Rusky contact/AG Jeff…

Have You Been Charged With Possession Of A Controlled Substance In New Jersey?

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If you are facing a drug possession charge in NJ, you probably have many questions. Possession of drugs – narcotic drugs, marijuana, and dangerous drugs, such as methamphetamine – can lead to serious consequences.Obviously, with a possession charge, there are plenty of lawyers to choose from.  But when your freedom, financial security and entire way of life are at stake as a result of a marijuana charge, you need and attorney who is experienced in marijuana defense cases – an attorney who spends the bulk of his time representing defendants charged with criminal offenses, including marijuana and other drug crimes.Contact IMG Legal Group for a free consultation Lawyer in NJ. We will be happy to discuss your case and provide a strategy for handling your case in a language you, and your family will understand.Charged with a drug possession charge? Contact IMG Legal Group today your free consultation lawyers in NJ online at www.IMGLegalGroup.comHire…

Have you been Charged with Drunk Driving (DUI/DWI)?

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If you are facing aDUI charge, you should be aware that the penalties in the event you are convicted can be life-altering. Finding the right attorney to represent you is essential, since a conviction will affect your present job and future employment possibilities, as well as your ability to get to work, keep appointments, drive children and family members to school and other activities, go shopping, etc. And what about the serious financial ramifications of fines and insurance surcharges? Finally, you could be facing jail time, which would turn your life completely upside down.At IMG Legal Group we regularly represent clients charge with drunk driving.  Mr. Goldman's experience, not only as a criminal defense attorney, but also as a former prosecutor, is invaluable in assisting clientscharged with DUI.Charged with aDUI charge? Contact IMG Legal Group today your free consultation lawyers in NJ online at www.IMGLegalGroup.comHire Criminal Defense Attorney…

Schehr et al. on Wrongful Conviction

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Robert Schehr, Aliza B. Kaplan and Valena Elizabeth Beety (Northern Arizona University, Lewis & Clark Law School and West Virginia University - College of Law) have posted Contemporary Perspectives on Wrongful Conviction: An Introduction to the 2015 Innocence Network Conference,...

Highlights from new state report on bail v. risk assessments

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Grits has yet to fully vet/grok the just-filed bail reform bill, but the new report from Texas A&M's Public Policy Research Institute on the topic (see a shorter summary, a press release, and a technical appendix) makes for interesting reading. I thought it worthwhile to point out a few highlights. (UPDATE: N.b., links below are to screenshots of related graphics, which I'm especially glad to have gotten since the links to the report and summary appear to have been taken down!)The study compared Travis County, which operates under a risk-assessment model, releases 59 percent of inmates on some form of personal bond, compared to 9 percent in Tarrant County.The differences in outcomes were striking.For starters, the finding that victimization rates were dramatically lower under a risk assessment regimen compared to money bail may be the most persuasive argument they made.Pretrial detention costs under money bail were 42 percent higher than…

Crash on Yellowstone Highway and Sunnyside Rd. Injures Two

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 6 1540 Foote Dr. Idaho Falls, Idaho 83402-1828 (208) 525-7377 FAX: (208) 525-7294 For Immediate Release: 3/11/17 3:35 p.m. Please direct questions to the District Office At noon today, March 11, 2017, the Idaho State Police investigated a crash at the intersection of Sunnyside Rd. and South Yellowstone Highway in Idaho Falls that injured two people. Jessica Means, age 37 of Idaho Falls was westbound on Sunnyside, turning southbound onto South Yellowstone Highway in a Chrysler minivan. Alyssa Rice, age 22 of Idaho Falls was eastbound on Sunnyside in a Buick LeSabre. Means failed to yield to Rice and entered the intersection. Rice struck Means' van, which then overturned, and both vehicles came to rest in the intersection. All drivers and passengers were wearing their…

Leonardo Boff - La tolerancia necesaria

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http://www.cronicaviva.com.pe/columna/la-tolerancia-necesaria-y-urgente/ El sacerdote brasileño Leonardo Boff escribe un excelente artículo que pueden leer en el enlace que comparto. "La tolerancia necesaria" es su título; en el, además de su ilustrada opinión que por si sola bastaría la acompaña con una cita bíblica (Hechos Cap- X - 28 y 35). En este momento de la historia de la humanidad confrontar la tolerancia con su envés puede determinar el futuro del hombre, leer al Sacerdote brasilero me permite ampliar mi posición respecto a la "ideología", "igualdad" o "identidad de género" para mí es lo menos importante como se denomine lo que el gobierno del Perú quiere imponer por la fuerza en la curricula escolar de nuestros hijos y nietos. Existen dos tipos de tolerancia según su autor, la pasiva que significa aceptar lo que no se…

Is airport security being told — or feeling emboldened — to further profile Muslims?

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Is airport security being told — or feeling emboldened — to further profile Muslims? A starting point for this question might be the recent airport detention and subsequent stop of late boxing champion Muhammad Ali’s namesake son on his return from Jamaica in February 2017, and on March 10, 2017, at National Airport near Washington, D.C., when returning to Florida from criticizing Donald Trump and the Department of Homeland Security before Congress members one or two days earlier. Here is the tale from both sides: “According to the TSA, Ali Jr. arrived at the check-in counter at Reagan National, at which time ‘a call was made to confirm Mr. Ali’s identity with TSA officials.’ After 11 minutes, he was eventually cleared and sent to the security checkpoint. At the checkpoint, Ali Jr.’s ‘large jewelry’ set off the scanner and he was patted down by agents. After a seven-minute screening he was cleared to catch his flight.…

Massachusetts Marijuana Legalization: Federal & Local Governments Tone-Deaf to Voters

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As a Massachusetts drug arrest defense lawyer, I never cease to be amazed at the resistance I see to the will of the voters on the subject of marijuana legalization, from both the federal government, as well as local government here in Massachusetts.  It really is stunning.  I say this as someone who is not a recreational user of marijuana, but as an attorney who has seen far too many people’s reputations and lives damaged due to criminal accusations connected with pot use.  Equally troubling is the massive amount of taxpayer dollars that are spent on police departments and prosecutors to prosecute use of a substance that almost always involves a victimless and harmless fact pattern. I consider the source of the federal government’s resistance to be obvious:  Big Pharma, which does not want cannabis legalized for either medicinal or recreational use.  Obvious reason?  They want the public to use their drugs – the FDA…

Criminal justice job security in an era of declining crime

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Despite crime near recorded lows in many areas, Texas cops, prosecutors and courts continue to treat the drug war as a growth industry. Here are a few tidbits from David Slayton's introduction to the FY 2016 Annual Statistical Report for the Texas Judiciary:The number of traffic and parking cases fell 37 percent from its peak in 2006 and is at the lowest level in more than 30 years – traffic and parking cases make up over 80 percent of the fine-only misdemeanor cases in the state; The number of truancy cases fell 91 percent and parent contributing to nonattendance fell 71 percent on the heels of truancy reforms that went into effect at the beginning of the fiscal year;The number of capital murder convictions (3) and death sentences (3) dropped to an all-time low; Despite the fact that new misdemeanor cases have fallen 29 percent in the last ten years and is at the lowest rate since 1992, new misdemeanor drug cases increased 9 percent to a new…

Regrets Or Gas: We Never Really Know

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The romantic saying is that the eyes are the windows to the soul. This may be endearing to those searching for a soulmate, though the divorce rate suggests a coin toss would do just as well, but is it good enough for a judge to decide upon a term of years? Empirical evidence suggests not. A famous experimental paradigm called “mind in the eyes” purports to demonstrate this ability. You are shown a photograph of a pair of eyes, accompanied by a short list of words that describe a mental state or attitude, such as irritated, sarcastic, worried and friendly. Then you are asked to pick the word that best matches the emotions the eyes express. My lab has confirmed that test subjects perform marvelously at this task, selecting the expected word more than 70 percent of the time on average, based on a study we conducted using over 100 test subjects. Northeastern psych prof Lisa Feldman Barrett questioned this result. My lab, however, has also discovered a hitch in this…

Marzullo: The case for a capital appellate defender in Texas

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Tomorrow, the Texas House Criminal Jurisprudence Committee will hear HB 1676 by James White, which would create an appellate public defender office to assist with capital cases comparable to the State Prosecuting Attorney on the prosecution side. On behalf of JustLiberty.org, your correspondent interviewed Amanda Marzullo, interim executive director of the Texas Defender Service, about the need for the bill. Ms. Marzullo last fall published the most detailed analysis available of direct capital appeals in Texas, and some of the findings were flat-out breathtaking. Listen to our interview here, or find a transcript of our conversation below the jump. Interview with Amanda Marzullo by Scott Henson: Why Texas needs a capital appellate defender office.Scott: Hello, this is Scott Henson on March 9, 2017 with a Just Liberty podcast.  I’m here with Amanda Marzullo who’s the interim Executive Director of the Texas Defender Service, and who has just authored an amazing…

Preet Bharara Fired as SDNY US Attorney

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Donald Trump personally summoned U.S. Attorney Preet Bharara to Trump Tower after the election and asked him to stay on as U.S. Attorney. He agreed. Jeff Sessions also asked him to stay on and he said he would. Today, he's fired. Bharara... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

DIARY OF A MAD PRESIDENT DAYLIGHT SAVINGS TIME EDITION

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Dear Diary...Daylight savings time needs to go. Saw a great internet news-cast showing that the trail of the idea for  time change leads directly to Obama's father in Kenya. I knew it!  My next tweet: "Just learned Obama's father may have invented daylight savings time. FBI won't investigate. Stuck on Russia. Whose the criminal?" *They want to call it Trump-Care. I agree. WH staff says no. I say lets add name Trump to as much as possible. Here's what I don't understand about healthcare. If you get sick, why not just go to doctor, get medicine, surgery, whatever, and when bill comes renegotiate it down? If you can't get it to where you want it, threaten bankruptcy. It worked for me hundreds of times. What's a matter with all these people? I'm baffled. All these discussions about single payer, deductibles...nonsense. Sunday to do list: Raise rates at Mar-A-Lago. A coke is $6.50? Really? Eight to ten at any swanky…

The Pleasure of the President

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There were presidents past whose pleasures, if more explicitly known, would make some of us cringe. JFK was one, though images of Marilyn Monroe might not be the worst thing about a president. No one would ever want to envision unsavory images of Pat Nixon. Donald Trump will not find a seat at the round table of Camelot, and no sane person cares to consider his pleasures any more than absolutely necessary. And yet, serving at the pleasure of the president remains a consideration that any observer of politics must consider. But is it reasonable to ask, “what is this crap?” President Bush said on March 14, 2007, “U.S. attorneys and others serve at the pleasure of the President. Past administrations have removed U.S. attorneys. It is their right to do so.” Karl Rove said on March 8, 2007, “Look, by law and by Constitution, these attorneys serve at the pleasure of the president and traditionally are given a four year term.” Despite this…
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