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Hearings To Appoint A Supreme Court Justice Must Be Postponed While There Is A Cancer On The Presidency

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FBI Director James Comey, testifying before the House Intelligence Committee, acknowledged the existence of what the Washington Post described as "a counterintelligence investigation into the Russian government’s efforts to interfere in the 2016 election," that "extends to the nature of any links between Trump campaign associates and the Russian government."  Comey stated, according to the Post, that the investigation "is also exploring whether there was any coordination between the campaign and the Kremlin, and 'whether any crimes were committed.'”  There are plenty of reasons why the confirmation hearings for Supreme Court nominee Neil Gorsuch should be blocked.  But rising to the top of the list is the fact that the very legitimacy of the president who nominated him is currently being investigated.At the end of January 1973, a month into Richard Nixon's second term in office,…

Arrest Warrants and Search Warrants in California

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There are several different types of warrants that a law enforcement officer in California may obtain during the course of a criminal investigation. Understanding the differences between an arrest warrant and a search warrant can allow you to understand your legal rights if you are ever served a warrant. Arrest warrants allow law enforcement officers […]

ANOTHER DOMESTIC ASSAULT & BATTERY CHARGE DISMISSED

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On December 10, 2016 TD, a 63 year old corporate executive living in Andover, MA got into an argument with his wife. She claimed that TD grabbed her by the wrists and pulled her to the floor. She got on the phone and called 911; he grabbed an extension line and the two of them told the police that each had been assaulted by the other. The police responded to the house, spoke to each of them separately, and TD got arrested. TD and his wife had a long history of assault charges and abuse prevention orders (restraining orders) between them. TD consulted with and retained Attorney Robert Lewin of North Andover. Attorney Lewin took a completely statement of the facts from TD and a complete history of TD’s relationship with his wife. It became clear that TD was the victim and that his wife suffering from mental illness. It became apparent that TD’s wife had attacked TD with a Swiffer Mop and then pulled TD’s hair at which point TD did grab his wife’s wrists in…

DOMESTIC ASSAULT & BATTERY CHARGE DISMISSED: DEPORTATION AVOIDED

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On December 31, 2016 (New Years Eve day) WQ, a 27 year old software engineer who is a resident alien from Russia, got into an argument with her husband. The couple live in Andover, MA. WQ lost control and physically attacked her husband scratching his face and arms and back. He fled the house and went to the police station. He told the police he did not want her arrested. The police photographed his injuries and then went to the house and arrested WQ. She admitted to the police that she had scratched him but she said it was in self-defense. WQ consulted with and retained Attorney Robert Lewin of North Andover. Attorney Lewin was quite familiar with WQ and her husband as Attorney Lewin had represented her husband one year earlier in a domestic assault charge that had been filed against the husband by WQ. (See the posting on this blog dated February 24, 2016). The husband agreed to have Attorney Lewin represent his wife in this case. After reviewing the facts it became clear to…

Patrick Leahy Indirectly Calls Joseph Biden "Unprincipled"

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According to the live blog of today's confirmation hearing at SCOTUSblog, Senator Patrick Leahy stated in his opening remarks that the Senate's refusal last year to consider an election-year nomination to the Supreme Court was "never grounded in principle or precedent."  He evidently did not mention his former colleague, former Senator and Vice President Joseph Biden, but here is what then-Senator Biden said on the floor of the Senate on exactly that subject on June 25, 1992:The Senate, too, Mr. President, must consider how it would respond to a Supreme Court vacancy that would occur in the full throes of an election year. It is my view that if the President goes the way of Presidents Fillmore and Johnson and presses an election-year nomination, the Senate Judiciary Committee should seriously consider not scheduling confirmation hearings on the nomination until after the political campaign season is over. No, I am not taking this out of context. …

What Exactly is "The West"?

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Several Senators supporting Judge Gorsuch, including Sen. Michael Bennet (D-CO) have made comments about him being from "the West" in contexts that imply that California (home of Justice Kennedy and originally of Justice Breyer) is not "the West."  Is it?Purely geographically, of course, California is farther west than Colorado, Texas, or Arizona.  But is a movie set in California a "Western"?  The Birds?  Nope.  Magnum Force?  Nope.  Beach Blanket Bingo?  Nope.  Okay, maybe there is something to that.

Department of Justice to Strictly Enforce Federal Drug Law

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While policy decisions from the White House have been vague or difficult to follow, the new statement on the enforcement of federal drug laws is pretty clear: The Department of Justice will ignore state laws that decriminalize marijuana. While this does not come as much of a surprise – especially after Senator Jeff Sessions was confirmed as the U.S. Attorney General – the clarity of the announcement seals the deal. Federal Drug Laws to be Strictly Enforced The announcement was made in a press conference with White House press secretary Sean Spicer. When asked about how the federal government would handle the enforcement of federal drug law, Spicer said, “I do believe you will see greater enforcement of it.” Despite there being no scientific evidence to support it, Spicer went on to say that the change in policy was because of the heroin and opioid epidemic. “When you see something like the opioid addition crisis blossoming in so many states around…

Man Charged with Cyberstalking After Strobe Tweet is Sent to Dallas Reporter

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The rapid growth of social media and apps has to a raft of new cyberstalking laws at federal and state levels. Offensive tweets, Facebook posts, and texts have been linked to teen suicides and other consequences. However, in a recent case involving a Dallas-based reporter, a tweet is linked to direct harm. A man from Maryland was arrested on a federal cyberstalking charge. He is accused of sending a Dallas-based magazine reporter an image on Twitter intended to cause an epileptic seizure. John Rayne Rivello, a 29-year-old from Salisbury, was arrested last week on a criminal complaint filed in Dallas. A report on NBC stated a complaint was filed last December by Kurt Eichenwald, a Newsweek reporter. Eichenwald suffers from epilepsy. He received a strobe image on his Twitter account on Dec. 15 which prosecutors say was intended to trigger a seizure. The message was accompanied with the words: “You deserve a seizure for your posts.” Then New York Times reported…

Court finds no plain error in the use of dual juries

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In United States v. Brown, Docket No. 14-3754 (3d Cir. Feb. 22, 2017), the defendant raised Fifth and Sixth Amendment challenges to the use of dual juries (one for him and one for a co-defendant) at his trial. Although Brown's counsel raised no objection to the joint trial before dual juries, the Third Circuit reviewed the defendant's claim for plain error because there was no indication that the defendant "was actually aware of his due process and jury rights and that he himself - not just his counsel - knowingly sanctioned a procedure that arguably impinges on those rights."Noting that the use of dual juries has very little precedent in the Third Circuit, the Court adopted the holdings of several other circuits in ruling that the use of dual juries is not per se unconstitutional. Instead, the practice will be upheld unless the defendant can show some specific, undue prejudice. While the Court stated that it was not encouraging the practice of using…

News Scan

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ICE Detains 50 in Detroit Raid: In a Saturday raid of a Detroit building, Immigration and Customs Enforcement arrested 50 people. Fox News reports that the raid was part of an on-going investigation. The abandoned building was believed to be the site of cockfighting ring and a illegal gambling organization. Following the raid, ICE arrested 50 of the 83 people in the building for violations of immigration law. The individuals arrested will remain in ICE custody pending removal proceedings pursuant to U.S. immigration law. Baltimore Manhunt Launched for Firebomber: The hunt is on in Baltimore as a suspect has been named in the firebombing that took place last Thursday. Fox News reports that Antonio Wright, 26, has been accused of throwing the "molotov cocktail" that started a house fire which claimed the lives of two teenagers and seriously injured six others. Most of the victims were below the age of twenty-one. Wright has yet to be arrested, but an investigation is…

EFF: Border Agents Need A Warrant to Search Travelers’ Phones, EFF Tells Court

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EFF: Border Agents Need A Warrant to Search Travelers’ Phones, EFF Tells Court (press release): The Border Isn’t a Constitution-Free Zone Richmond, Virginia—Border agents must obtain a warrant to search travelers’ phones, tablets, and laptops, which contain a vast trove … Continue reading →

DOMESTIC ASSAULT & BATTERY DISMISSED IN SALEM DISTRICT COURT

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On January 14, 2017 DM, a 28 year old male social worker, met his 28 year old girlfriend after she finished work as a waitress. They met at a bar in Salem. They had a few drinks and then moved to a second bar where the drinking continued. At closing time they left the bar and after picking up roast beef sandwiches headed back to DM’s apartment in Beverly. They had recently made a commitment to one another that they would not see other people romantically and they both stated they wanted to make a real go of the relationship. They arrived at DM’s apartment, went in, and began to eat their sandwiches. It was a good night; but then the girlfriends phone started buzzing. It was 1:30 in the morning. DM grabbed the phone and ran into the bathroom and locked the door. He looked at the most recent string of text messages and they were from a man that the girlfriend had been seeing. He knew she was not being sincere with him. DM was angry and hurt and came out of the…

The Issue of First Impression, Texting and the Fatal Automobile Accident

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This post examines a recent opinion from the Supreme Court, Genesee County, New York: Vega v. Crane,2017 WL 887159 (2017).  The case involved a civil suit brought by Carmen Vega who wasseeking to recover for injuries she sustained in a motor vehicle accident that occurred on December 8, 2012. The Plaintiff's vehicle was struck by a car driven by Collin Ward Crane, who died as a result of injuries he sustained in the accident (herein after referred to as `Decedent’). Plaintiff alleges that the Decedent's girlfriend, Taylor Cratsley, [a named defendant], (herein after referred to as `Cratsley’), was texting the Decedent while he was driving, thus distracting him and causing the accident.Plaintiff moved for partial summary judgment on the issues of liability and serious injury. These motions were granted against the decedent, his estate and his father and reduced to a separate order, which was granted on December 7, 2016. Cratsley, moved for summary…

"Marijuana raids are more deadly than the drug itself"

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The title of this post is the headline of this new Washington Post WonkBlog item by Christopher Ingraham. The piece identifies effectively one quite notable marijuana-related take-away from recent New York Times reporting about deadly drug raids by law enforcement. Here is how this piece gets started: Since 2010, At...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/MGTbo1Osthk" height="1" width="1" alt=""/>

Can Police Search Your Cellphone Without a Warrant in Massachusetts?

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Since 2014, following a Supreme Court ruling, police have needed a warrant to search cell phones of criminal suspects. According to the justices, cell phones and other electronic devices belong to a different category than other “closed containers,” such as wallets and vehicles. When law enforcement officers have probable cause, they are able to conduct limited searches of these items. However, due to the extent and type of information that portable electronic devices may contain, the court agreed that they must be treated differently. Unreasonable Search and Seizure? Under the Fourth Amendment of the Constitution, “unreasonable searches and seizures” are prohibited. Despite this, warrantless searches are sometimes permitted, when the safety of officers is in jeopardy and, in some cases, when the destruction of evidence is a concern. This is why initial, limited searches of vehicles, wallets, and purses or briefcases are allowed in certain situations.…

A Fatal DUI Becomes Murder

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Herbert Granados Calderon, 26, pleaded guilty this week to causing a fatal collision between three cars while intoxicated. An 18-year-old was killed and five others were injured in this crash. The crash occurred in Santa Ana, when Calderon was speeding on Bristol and ran a red light. He broadsided a Honda Civic thereby killing the person in the back seat. Calderon pleaded guilty to second-degree murder for the 2014 collision. He was charged with murder because he pleaded guilty in 2013 to another DUI, Driving Under the Influence of alcohol or drugs. In 2013 he was read a Watson Warning. The Watson Warning simply states that drunk driving is dangerous to human life and if the defendant continues drive drunk and someone dies, they can be charged with second degree murder. The warning is usually part of any DUI plea. Continue reading →

Prez Trump to nominate District Judge Amul Thapar to Sixth Circuit

Former Military Contractor Convicted of Sex Trafficking in Florida

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A South Florida computer expert starting out his decade-long sentence for a conviction of espionage has just been found guilty again, this time of underage sex trafficking.  The Miami-Herald reports defendant was accused and ultimately convicted of exploiting girls who were underage – between 13 and 16 – for sex while he was working in Honduras for the U.S. Department of Defense. The crimes allegedly occurred between 2010 and 2014. Now 36, the former West Palm Beach native faces a minimum mandatory additional 15 years in prison, with the possibility of being handed a life sentence. In a classic case of “what not to do when you’re facing serious felony charges,” the man represented himself during the Miami-based federal trial, which lasted for a month. The proceedings were marked by bizarre episodes. For example, although defendant was born and raised in the state of New York and spoke fluent English, he demanded the court provide him with…

Ruling 6-2, SCOTUS holds in Manuel that Fourth Amendment claim can be brought contesting pretrial confinement

Drinking On A Boat In Minnesota – Understanding The BWI Law

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The spring season is here, and soon enough the weather will be warm enough for people to take their boat out on the lake for the first time. Whether you like to fish, ski or simply float at the sand bar, oftentimes the time spent on the water is paired with some alcoholic beverages. But what exactly are the laws in Minnesota when it comes to drinking on the water? We explain below. Drinking On A Boat In Minnesota Minnesota’s Boating While Intoxicated law is very similar to the state’s DUI law, in that the operator of the watercraft cannot drive the boat if they have a blood alcohol concentration over 0.08. The penalties for a first-time BWI charge in Minnesota include: Up to $1,000 in fines Up to 90 days in jail Loss of boating privileges for 90 days during boating season However, avoiding a BWI can be a little more difficult because boats are exempt from Minnesota’s open container law. For example, if you’re driving a car, it is illegal for you or…
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