The officer has to be aware of parole or probation search waiver before the search happens, if that’s the justification. United States v. Job, 2017 U.S. App. LEXIS 4428 (9th Cir. March 14, 2017): First, it is undisputed that the … Continue reading →
CA9: Officer has to be aware of parole or probation search waiver before the search happens
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Bowers on Annoy No Cop
Josh Bowers (University of Virginia School of Law) has posted Annoy No Cop (University of Pennsylvania Law Review, Vol. 166, Forthcoming) on SSRN. Here is the abstract: The objective of the legality principle is to promote autonomy by providing individuals...
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Pittsburgh No. 1 City to Celebrate St. Patrick’s Day
St. Patrick’s Day in Pittsburgh is a fun time. The city boasts the second-highest number of Irish in the country (at 13.5 percent, it’s just behind Boston). With 20,000 people participating in the annual parade, as well as a large number of bars around town, a great time is had by all. Because of this, it was recently ranked as the top city for St. Patrick’s Day celebrations. Unfortunately, too much fun can lead to legal issues if you’re irresponsible. Excess alcohol consumption can cause people to act recklessly. They can become a danger to themselves and others. Call if you are being accused of alcohol-related crimes in Pittsburgh. A Pittsburgh criminal defense attorney from Worgul Law Firm can help. Types of Alcohol Crimes in Pittsburgh With all of the festivities in Pittsburgh around St. Patrick’s Day, it can be hard to control the level of fun. However, when fun becomes criminal, you may face an alcohol-related criminal charge. Some common…
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E.D.Cal.: Def had acceded to eviction in NYC civil court so he lost his REP in his apartment
By the time the search occurred here, the defendant had, without doubt, been civilly evicted in NYC, and he even stipulated to loss of the apartment in Civil Court proceedings before the search occurred. Whether there was a notice placed … Continue reading →
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Inmate Charged With Federal Homicide Nixes Plea Deal
A decision to plead guilty is a difficult one, especially when a criminal defendant is facing a life sentence without the possibility of parole. In 1927, the U.S. Supreme Court in Kercheval v. United States said that “a plea of guilty differs in purpose and effect from a mere admission or an extra-judicial confession; it is itself a conviction. More is not required, the court has nothing to do but give judgment and sentence.” Historically, guilty pleas were viewed as the first step toward individual rehabilitation through the acceptance of responsibility for one’s criminal actions. Judges and prosecutors viewed this acceptance of responsibility as deserving of lenient sentencing. Jury trials, it was assumed, were reserved for searching and finding the truth. A not guilty verdict was widely accepted as evidence of the truth. A guilty verdict by a jury, on the other hand, was viewed as an attempt by a criminal defendant to “beat the system.”…
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CA9: Omission of 4A probation search waiver from wiretap application didn’t mean anything
Omitting the fact defendant was subject to a search waiver wasn’t material to a wiretap application. It’s omission from the wiretap affidavit didn’t matter. United States v. Rodriguez, 2017 U.S. App. LEXIS 4429 (9th Cir. March 14, 2017). Defendant couldn’t … Continue reading →
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ND: Even a frequent visitor isn’t sufficiently connected to a probationer’s property to be subject to his probation search waiver
A mere visitor, albeit a frequent one, is not subject to search as an occupant of the premises under a probation search waiver. He has an insufficient connection to the property to be subject to the occupant’s waiver. State v. … Continue reading →
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S.D.Fla.: Co. that rented vehicles to another for rental to public had standing to sue over seizure
Plaintiffs stated a Fourth Amendment claim against the City for warrantless seizure of its motorized three-wheeled vehicles. The fact one plaintiff rented them to another in exchange for a share of the profits, and they were seized from the latter, … Continue reading →
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Two Florida Owners of Sober Homes and Alcohol and Drug Treatment Centers Plead Guilty for Filing Fraudulent Insurance Claims and Paying Kickbacks for Referrals
Audits of alcohol and drug addiction treatment centers have been on the rise. We have also seen an increase in criminal filings relating to billing for medically unnecessary services and payment of kickbacks for the referral of rehab patients. However, the facts when cases go criminal tend to be ones where there is outrageous conduct. A recent Florida case fits that profile. Although the facts in this case are on one end of the spectrum, alcohol and drug treatment centers need to be very careful about paying marketing fees for the referral of patients, offering patients free or reduced rent at sober homes, paying for patients' insurance, ordering excessive lab tests for patients and any financial arrangements with laboratories. On March 15, 2017, Kenneth Chatman and Laura Chatman, owners of sober homes and alcohol and drug addiction treatment centers, pled guilty to one count of conspiracy to commit health care fraud in violation of 18 USC…
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CA11: Partially obscured LPN justified stop when LPN reader couldn’t read it
A partially obscured license plate because of a license plate bracket with an eagle on top that covered “Alabama” but not “God Bless America” on the bottom was a violation of Alabama law justifying the stop. The license plate couldn’t … Continue reading →
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News Scan
Two Detroit Police Officers Shot: An unidentified suspect has been arrested in the Wednesday shooting of two Detroit police officers. Ann Zaniewski & Bill Laitner of the Detroit Free Press report that the two veteran officers were doing a narcotics investigation in a high crime neighborhood near Wayne State University when a man they were questioning pulled a gun and opened fire. While one officer was wounded in the neck and the other in the ankle, they were able to return fire hitting the fleeing suspect in the leg. Had they not been wearing body armor, at least one of the officers would have likely been killed. A massive manhunt in the west side neighborhood uncovered the wounded suspect. The incident occurred in the same area where a Wayne State University Police Sgt. was shot and killed on November 22.
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DIARY OF A MAD PRESIDENT BIG BIRD ALOHA ISSUE
Dear Diary....Hawaii is a State? Who knew? And they have judges? I just figured they have like tribal counsels like on Survivor, which by the way, is an okay reality show but not nearly as good as the Apprentice when I hosted it. Everyone says that. I don't trust any state where you can't get a good bagel or deli. Whoever heard of a pastrami sandwich with pineapples? Meanwhile, now I have some wacko Judge canceling my travel ban. Pretty soon people will be able to travel to and from wherever they want. Whoever heard of that? What a disaster! And only I can save everyone. We're canceling PBS. Goodbye Big Bird. Good bye Sesame Street. Goodbye PBS Newshour. Next up, MSNBC. No more funding for them. Get Rachel Medows off the air. That will show them to publish my taxes. Got a new health care bill. Amazing. Fantastic bill. Lowers costs for everyone. Raises fees for doctors. Covers more americans. People can choose their own insurance.…
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New survey finds quarter of all beer drinkers would switch to marijuana if legalized
The title of this post comes from this article on the results of a recent survey finding marijuana legalization could greatly affect brewers' bottom lines. The article begins: American presidents and poets have long expressed their love of beer. Abraham Lincoln said he firmly believed the people could be depended...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/5SJMa3w_8OM" height="1" width="1" alt=""/>
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Salib on An Economic Critique of Imprisonment
Peter N. Salib has posted Why Prison?: An Economic Critique on SSRN. Here is the abstract: This Article argues that we should not imprison people who commit crimes. This is true despite the fact that essentially all legal scholars, attorneys,...
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Avoid a DUI On St. Patrick’s Day
St. Patrick’s Day falls on a Friday this year, so we all know that means more people will be partaking in shenanigans this holiday weekend. St. Patty’s Day is the fourth most popular drinking holiday, behind New Year’s Eve, Christmas and Independence Day. Every year, more than 33 million Americans celebrate by drinking pints of Guinness or green beer. As with any holiday, St. Patrick’s Day can lead to some bad judgement calls, including choosing to drink and drive. While St. Patrick’s Day is a time for celebrating the luck of the Irish, a DUI can put a serious damper on your good time. A DUI conviction brings you anything but luck, including fines, jail time and loss of driving privileges. Not to mention that you put yourself and the lives of everyone sharing the roadways with you in extreme danger when you drink and drive. Reports indicate that on St. Patrick’s Day, there is a fatal alcohol-related accident every 74 minutes. Instead of…
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Jacksonville Police Make Another Massage Parlor Prostitution Bust
Jacksonville police have made a massage parlor prostitution arrest. A 57-year-old woman was arrested Thursday after she allegedly offered to perform a sex act for $70 on an undercover police officer who was getting a massage, according to the Jacksonville Sheriff’s Office. Police said a 55-year-old woman was arrested earlier this month during a prostitution sting at a different Jacksonville massage spa. Prostitution is defined as any sexual activity in return for payment. If you have been accused of prostitution, understand that you are innocent in the eyes of the law until proven guilty. You have the right to a criminal defense attorney and due process under the law. Our Jacksonville Criminal Defense Lawyers at Whittel & Melton can help you establish a viable defense when facing prostitution charges. Were you arrested in an undercover police sting involving a massage parlor? Massage parlors are perfectly legal in Florida. However, sometimes the evidence obtained…
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Sex Offender Registration for Out-of-State Juvenile Adjudications
When, if ever, must a person register as a sex offender in North Carolina because of a juvenile adjudication from another state? North Carolina has an adult sex offender registry and a juvenile sex offender registry. Notice there’s no hyperlink to the juvenile registry. That’s because that information is maintained separately by the sheriffs and released only to law enforcement agencies and local boards of education. G.S. 14-208.29 (“Under no circumstances shall the registration of a juvenile adjudicated delinquent be included in the county or statewide registries, or be made available to the public via internet.”). Juvenile registration is much more limited than adult registration. It applies only for juveniles of at least 11 years of age who are adjudicated delinquent for rape or sexual offense, and then only when the court rules that the child must register. G.S. 14-208.26. While a juvenile tried and convicted as an adult in North Carolina goes on the…
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Ignazio de Ferrari y la cojudez de ser hombre o mujer
http://elcomercio.pe/opinion/columnistas/mis-hijos-si-metete-ignazio-ferrari-noticia-1976661?ref=portada_home “Sin embargo, no todo está perdido. Una de las principales conclusiones de la mayoría de encuestas es que son los más jóvenes y quienes tienen mayor nivel educativo los que más aceptan a las parejas del mismo sexo, ya sea si se les pregunta por la unión civil o por la disposición a tener un vecino gay. De modo que el Ministerio de Educación debe seguir adelante. La igualdad de todos ante la ley es un elemento central de una sociedad y cultura democráticas. Si en el mediano y largo plazo queremos hacer avances más concretos en materia de equidad de género, es necesario llegar a un número mayor de jóvenes. La educación es el instrumento fundamental.” Si pues, los jóvenes “tiene mayor nivel educativo” en una sociedad que aprueba matar y…
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Examining marijuana reforms' impact on teachers, students and educational achievement
My Marijuana Law, Policy & Reform seminar students, after a well-deserved Spring Break, are back next week to continue making presentations based on their selected marijuana-related research issue. A student this coming week is looking at issues marijuana reform from an educator's perspective and he will be presenting results from...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/hggDb6BGiWg" height="1" width="1" alt=""/>
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Capital debates in central Florida after new prosecutor says she will no longer bring capital charges
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