The officer saw a plastic baggie on the console with the corner torn off. Coupled with that, it was a reasonable inference that the passenger seat was reclined to conceal evidence. They added up to probable cause. State v. Howard, … Continue reading →
KS: Reclined seat here created inference of concealment of something; thus, PC
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CA10: Considering info omitted from SW affidavit, there was still PC and outcome wouldn’t change
There was probable cause for plaintiff’s arrest based on a co-conspirators statement. Omitted information was considered by the district court on the probable cause question, and this court agrees it wouldn’t change anything. Claeys v. Mohr, 2017 U.S. App. LEXIS … Continue reading →
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JERÓNIMO PIMENTEL Y SU "MANIFIESTO"
http://elcomercio.pe/eldominical/columna/manifiesto-jeronimo-pimentel-noticia-1975606?ref=portada_home Este “manifiesto” es un cúmulo de insultos y fundamentos sin coherencia lógica. Me pregunto si el cerebro de Jerónimo tendrá el tamaño del de una ardilla, muy diestro y atento para huir incapaz –por lo escrito- de sostener un debate. Nuestra Constitución NO le niega derecho alguno a los homosexuales atendiendo al sexo con el que llegaron al Mundo. La homosexualidad NO es normal, NO es una opción a nada pues opción significa tener la posibilidad de ser lo que tal opción ofrece, ES UNA CONDUCTA y GUSTOS que anidan en el cerebro de los homosexuales por eso son DIFERENTES; ¿Qué parte del tema no entiendes Jerónimo? ¿Has visto a una persona que sufre de los nervios Jerónimo? No es verdad que la inmensa mayoría de personas huyen de ellas…
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What are the Federal Sentencing Guidelines and How Do They Work?
The Federal Sentencing Guidelines are guidelines that judges consider when determining an appropriate sentence for someone who has been convicted of a federal crime. The Guidelines use a combination of… read more → The post What are the Federal Sentencing Guidelines and How Do They Work? appeared first on Pate & Johnson Law Firm.
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What Is a Prohibited Weapon in Texas?
Texas has a reputation as Second Amendment-friendly state. But the right to own and carry a handgun or shotgun does not automatically apply to other kinds of weapons. In fact, Collin County residents need to know they may be in…Read more ›
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Media Advisory: Reporters invited to participate in "Officer on the Train" program, Thursday, March 16
IDAHO STATE POLICE MEDIA ADVISORY - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE MEDIA ADVISORY ISP Headquarters 700 S. Stratford Meridian, ID 83642 OFFICERS RIDE THE RAILS TO CATCH MOTORISTS VIOLATING GRADE CROSSING LAWS WHAT: "Officer on the Train" program designed to identify unsafe motorists who attempt to beat the train and violate Idaho grade crossing laws. WHEN: Thursday, March 16, 2017 7:30-8:00 a.m. - Press Briefing WHERE: 3rd Street railroad crossing, Meridian, Idaho. WHO: The "Officer on the Train" program is sponsored by Boise Valley Railroad, Union Pacific Railroad, Idaho Operation Lifesaver, and Idaho State Police, as well as city and county agencies in those areas. The briefing will include: Travis Campbell, State Director for Operation Lifesaver as well as officers from the agencies involved. WHY: An incident happens about every three…
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Path cleared for reduced pot penalties in TX House
Chairman Joe MoodyBefore yesterday's House Criminal Jurisprudence Committee hearing on Chairman Joe Moody's HB 81, which would reduce penalties for low levels of marijuana to a civil penalty, Grits commented to a friend that the over/under for how many people would testify IMO was probably 1.5."Under" won. Only one person spoke against the bill last night, Ector County DA Bobby Bland (not to be confused with the late, great blues singer of the same name, who would certainly have favored the measure).Consider that: No police chiefs testified against. The Sheriff's Association laid off the bill. So did the Texas Probation Association and all its members. No anti-drug advocates were against it. No neighborhood associations. No mayors or city council members. No county commissioners. No teachers, or doctors, or mental health advocates. No judges. No police unions. None of those groups, or even individuals from their ranks, came out against the bill. Just…
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Minnesota Considering Stronger Sex Crime Sentences
Sexual assault survivors asked legislators to increase sentences for certain sex crimes at a recent House public safety meeting. Three sexual assault survivors spoke in favor of the proposed bill, which would: Eliminate certain plea agreements that allow some offenders to avoid jail time. Increase minimum sentences for anyone possessing or disseminating child pornography. Require some extreme offenders to remain under supervision for life, even after they get out of prison. New Sex Crime Proposals Under current guidelines, some offenders are able to receive extended probation instead of jail time, and some felony convictions can be reduced to misdemeanors if the offender meets all the terms set forth in their sentencing guidelines. Additionally, offenders in possession of child pornography don’t always receive jail time for their crime. Rep. Matt Grossell, R-Clearbrook, who authored the bill, said he hopes to change that. “Nobody in this room today advocates child…
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The Death Penalty and Florida Law
The Death Penalty and Florida Law Florida is known as the sunshine state, so when one hears the word Florida, they think sun, sand and Disney World. Therefore, many would be surprised to learn that Florida has executed… The post The Death Penalty and Florida Law appeared first on Chapman Criminal Defense Firm.
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Not All Questions Are Covered Under the Miranda Warnings
In Florida and elsewhere, when a suspect is arrested, he/she has a constitutional right to remain silent and consult a lawyer before making any statements or making any important decisions about the case. In fact, for just about every defendant in a criminal case, this is exactly what a suspect or defendant should do. It is exceedingly rare for a person to make a statement to the police at that early stage, with such limited information and without the advice of a criminal defense lawyer, and it do anything but hurt the defendant’s case. As part of this right to remain silent and consult a criminal defense attorney, the police are required to read the Miranda warnings to a suspect who is in custody before any request to speak with him/her about the case. These warnings inform the suspect that he/she has a right to remain silent and a right to a criminal defense lawyer. If the suspect invokes those rights, the police cannot question the suspect…
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US v. Perkins, 15-30035 (3-13-17)(Tashima w/Kleinfeld; dissent by Murguia). The 9th suppressed evidence found on a defendant's computers because of a Franks violation in obtaining the search warrant. The defendant, traveling from abroad, was stopped in Canada and his laptop computer searched. The defendant had a prior sex offense. The Canadian police found two photos of underage females, but determined that they did not meet the Canadian definition of "sexual purpose." When the defendant got back to the United States, the Homeland Security agent took a look, and decided that the images met the federal definition. In seeking a warrant, he omitted the Canadian determination and images of the photos for the magistrate to make a neutral determination. The warrant issued for a further search and child porn was found. The defendant entered a conditional plea and appealed the denial of the motion to suppress.The 9th…
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News Scan
Drug Offender Arrested for Murder: A habitual drug offender was arrested in Dayton, Ohio Monday for the murder of 20-year-old woman. WDTN TV reports that 38-year-old Chuckie Lee was taken into custody for the shooting of Taylor Brandenburg early Sunday. The victim was babysitting when she heard a noise at about 3:00 am, and went outside to investigate. According to police, she was shot by Lee who had just left a nearby bar after fighting over money with a parent of one of the children Brandenburg was babysitting. Lee had served time in prison for drug offenses and had additional convictions for drugs, assault and weapons violations. Sentencing Bills Criticized: Ohio legislators are being chastised by the ACLU and defense attorneys for introducing bills to increase sentencing as reported by Jackie Borchardt at cleveland.com. At a recent news conference an ACLU spokesperson complained that 17 bills to increase sentences have been…
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US v. Martinez, No. 15-50205 (3-10-17)(Wardlaw w/Reinhardt & Whyte). The 9th held that the district court erred by responding to a jury note without consulting counsel in violation of Fed. R. Crim. P. 43(a) and the sixth amendment. The jury was asked for a special finding in a 1326 reentry case. The special finding dealt with the date of removal (raising the stat max from 2 years to 20). The jury asked about the date's significance, and the court, without consulting counsel, responded to the note by stating that it was a matter for the court to consider. This response could not be harmless. The immigration file had numerous mistakes, and the defense was that the government could not prove removal, with the mistakes, beyond a reasonable doubt. The court response relieved the jury of finding the date beyond a reasonable doubt. The sentence is vacated and remanded. On remand, the government can retry the removal date issue…
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The Hill: Dems back body cameras for ICE agents
The Hill: Dems back body cameras for ICE agents by Rafael Bernal: Democrats in the House want to require immigration agents to wear body cameras amid concerns over increased immigration enforcement and the hiring of new agents.
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Cummings on Solutions to Racial Challenges
andré douglas pond cummings (Indiana Tech - Law School) has posted ‘Lord Forgive Me, but He Tried to Kill Me’: Proposing Solutions to the United States’ Most Vexing Racial Challenges (13 Wash. & Lee J. Civ. Rts. & Soc. Just....
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Circuit Split on Whistleblower Protections Widens
On March 8, 2017, a divided panel of the Ninth Circuit issued an opinion in Somers v. Digital Realty Trust Inc. that further widened a circuit split on the issue of whether the anti-retaliation provisions in the Dodd-Frank Wall Street Reform and Consumer Protection Act apply to whistleblowers who claim retaliation after reporting internally or instead only to those who report information to the SEC. Following the Second Circuit’s 2015 decision in Berman v. Neo@Ogilvy LLC, the Ninth Circuit panel held that Dodd-Frank protections apply to internal whistleblowers. By contrast, the Fifth Circuit considered this issue in its 2013 decision in Asadi v. G.E. Energy (USA), LLC and found that the Dodd-Frank anti-retaliation provisions unambiguously protect only those whistleblowers who report directly to the SEC. Plaintiff Paul Somers alleged that Digital Realty Trust fired him after he made several reports to senior management regarding possible securities law…
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Norwegian Cruise Line Passenger Suffers Fall Injury
A woman alleges she was injured after falling between a lifeboat and a dock on a Norwegian Cruise Line ship. The woman filed a complaint on March 10 in the U.S. District Court for the Southern District of Florida alleging negligence. According to the complaint, the woman alleges that on Feb. 16, 2016, she suffered physical injuries after falling between a dock and a lifeboat. The suit states that the woman was attempting to board the lifeboat to be transported back to the cruise ship from docks in the Virgin Islands. She holds Norwegian Cruise Line responsible because they allegedly failed to assist or provide her a safe means to board the lifeboat. Cruise lines have a duty to keep their ships safe and free from hazardous conditions that can cause serious injuries to passengers. When a cruise ship accident occurs due to poor maintenance, lack of security, or improperly trained staff, the cruise line can be held legally responsible for negligence. The laws regarding cruise…
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Soft Cops, Hard Cops
At Fault Lines, Greg Prickett wrote that even the cops at PoliceOne weren’t buying. When a police officer shoots someone, like Officer Phillip Hancock of the Opelika, Alabama Police Department shot Airman Michael Davidson of Texas in 2014, you would expect that the PoliceOne group would be firmly in Hancock’s corner. Surprisingly, they are not, even though both the U.S. District judge and the U.S. Eleventh Circuit Court of Appeals found in favor of Hancock. There is something wrong with our legal system when the everyday street police officers say that a shooting was bad, yet the courts absolve the officer of any liability. A bit of insight one gains through the eyes of a cop is that Phillip Hancock, the shooter, appeared to have his gun in “low ready” position. In other words, before Davidson, on active duty in the Air Force, Hancock was so deathly afraid that he was ready to kill. For what’s terribly wrong with putting a gun in the hands of this…
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Minnesota Police Planning Extra St. Patrick’s Day DUI Enforcement
In the movie The Perfect Storm, two storms fronts and a hurricane combine to create the aforementioned “perfect storm” that threatens Greg Clooney, Mark Wahlberg and the rest of the crew on the Andrea Gail. A similar perfect storm is brewing in Minnesota this Friday, but police are taking steps to get out in front and prepare for the storm. This Friday brings the congruence of three big factors that could make it dangerous to be on the roads. Friday is the start of the weekend, the first round of the NCAA tournament, and it’s St. Patrick’s Day. All of those factors on their own can lead to more alcohol being consumed, but when they all fall on the same day, it can make for the perfect storm of drunk driving. Extra DUI Enforcement In order to get out ahead of the storm, Minnesota police are expected to add extra patrols on the roads throughout the weekend. Per usual, they will be looking for what they call the Fatal Four driving behaviors, which are:…
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Is It a Crime to Tape Record Your Doctor? (PC 632.01)
Visiting the doctor can be an intimidating experience, especially when your doctor is using complex medical terms that you don’t understand. So, when your doctor calls you to give you medical results or advice, you may feel compelled to record that conversation so you can be certain of what the doctor told you. However, what you do not realize is that recording your doctor without his or her permission is a crime in California. Confidential Recordings (PC 632.01) Under California law, it is illegal for you to intentionally eavesdrop or record a confidential communication without the consent of all the parties involved in the communication. Previously, this law did not include conversations with doctors or medical professionals. However, Assembly Bill 1671 went into effect Jan. 1, 2017. This law defines communication with healthcare providers and state-licensed medical professionals as “confidential communications.” The law amends California Penal Code Section…
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