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W.D.Okla: Def bears burden of proving “private search” was by government actor and did; suppressed

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Defendant has sufficient interest in the business from which a thumb drive with data was taken and turned over to ICE officers at the U.S. Embassy in Panama. (The court acknowledges that it’s not “standing,” per se, but it continues … Continue reading →

News Scan

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Arrest Made in CO Double Homicide: A suspect has been arrested in connection with the March 12 double homicide in Colorado Springs.  Ellie Mulder at The Gazette reports that Gustavo Marquez,19, was arrested in the murders of Derek Benjamin Greer, 15, and Natalie Partida, 16, who were found dead on the shoulder of Old Pueblo Road in a rural part of the county. Derek was a freshman and Natalie was a sophomore at Coronado High School.  Marquez faces charges of two counts each of first-degree murder, second-degree kidnapping and aggravated robbery and one count of child abuse resulting in death.  In late February, Marquez was arrested on suspicion of attempted second-degree kidnapping, attempted second-degree assault, third-degree assault and child abuse. Three days after that arrest he posted bond and was released. Two Men Arrested for Shooting at Police:  Two men have been arrested in connection with a recent shooting at a Selma police officer. George…

JI v. New Jersey State Parole Board – Internet Restrictions for Convicted Sex Offenders Must Be Reasonable

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We have commented previously upon Megan’s Law and Community Supervision for Life (“CSL”), now known as Parole Supervision for Life (“PSL”).  The two ongoing problems with the regime that these laws create for the supervision of sex offenders still exist.  First, there is little, if any, empirical evidence that the laws accomplish anything positive, which is particularly troublesome in light of the substantial administrative costs they generate, which are borne by the taxpayers.  Further, these laws are fundamentally unfair.  They stem from a belief that the best way to manage sex offenders is to have them live in the community subject to terms and conditions of supervision.  However, at the same time, many of the terms and conditions pursuant to which they must conduct themselves are so burdensome that they make life incredibly difficult, and the parole officers who supervise them frequently act in a manner that can only be…

Incarceration Reimbursement

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Charlotte Criminal Lawyer Brad Smith answers the question: “If I am charged by campus police could I still face jail time or probation?” When most people think of paying a “debt to society” the first thing that comes to mind is time behind bars. The phrase is used to evoke some kind of sacrifice, almost always of time and freedom, that is “paid” to atone for some kind of misbehavior. A recent article discusses how the idea of paying a debt to society is being taken literally in many cases, with a seriously detrimental impact on some. Continue reading →

New Drug Offense Proposed in Maryland

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It is no secret that heroin overdose has become an epidemic across the country. Many state lawmakers have tried to take action to combat overdose fatalities, and Maryland is no different. Recently, state legislators introduced a bill that would create a new, separate criminal offense intended to curb overdosing. House Bill 612 was introduced at the end of January 2017 by legislators from Harford and Anne Arundel Counties. Both counties have seen significant spikes in heroin overdoses in 2016. The bill would create a new charge and penalties for individuals accused of selling heroin or fentanyl that led another person to fatally overdose. Fentanyl is a prescription opioid that people commonly mix with heroin, which increases the chances of an overdose. The charge could be issued against a number of people who may be connected to the deadly dose of heroin and/or fentanyl, including the following: The person who directly sold or delivered the drugs The person who supplied the…

Fatal Crash near Arimo - Update

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5205 South 5th Ave. Pocatello, Idaho 83204-2299 (208) 236-6466 FAX: (208) 236-6068 For Immediate Release: 3/22/2017 1:30 p.m. Please direct questions to the District Office On March 22, 2017, at approximately 6:12 a.m., the Idaho State Police investigated a multi-vehicle crash on southbound Interstate 15 at milepost 40, near Arimo. A 2004 Saturn Ion, driven by Kathleen Garcia, age 36 of American Falls, was headed southbound when she struck the rear of a 2015 Freightliner, driven by Shane Jones, 41 of Pocatello. Garcia's vehicle went off the shoulder, overcorrected and rolled coming to rest in the left lane facing the wrong direction. Garcia's vehicle was then struck by a 2008 Peterbuilt, driven by Dale Dean, age 52 of Hermiston, Oregon. Garcia was wearing her seatbelt…

Semi Crash in Elmore County Blocks Traffic

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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: 03/22/17 1:45 p.m. Please direct questions to the District Office On Tuesday, March 21, 2017 at approximately 10:43 p.m., Idaho State Police investigated a two-vehicle, non-injury crash, westbound I84 at milepost 78, in Elmore County. Douglas Barton, 62, of Surrey, British Columbia, was stopped on the right, westbound shoulder in a 2007 Freightliner commercial vehicle. Thomas Smith, 33, of Boise, was traveling westbound in a 2005 Freightliner commercial vehicle, when he failed to maintain his lane and struck Barton?s commercial vehicle. Barton was in the sleeper cab and was not wearing a seatbelt. Smith was wearing a seatbelt at the time of the crash. Due to both…

Sheley on Sexual Assault

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Erin L. Sheley (University of Calgary Faculty of Law) has posted A Broken Windows Theory of Sexual Assault Enforcement (Journal of Criminal Law and Criminology, Forthcoming) on SSRN. Here is the abstract: The law of sexual assault is in an...

Call for Assault Turns into a 7-hour Standoff in Newport Beach

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A 36 year old man named Scott Patrick Cole of Newport Beach was booked into Orange County Jail on the suspicion of battery with serious bodily injury, trespassing, causing harm to an elder/dependent adult, and assault with a deadly weapon. At around 4:30 p.m. officers got an assault call to the 800 block of West 15th St. After the officers arrived, they had made contact with a man, who fled to a nearby neighbor’s house for safety, said Jennifer Manzella, a Newport Beach police spokeswoman. The unidentified victim was then taken to a nearby hospital for non-life threatening injuries and was later released. Apparently, the victim and Cole were acquainted, Manzella said. The officers were trying to contact Cole at the residence where the assault had allegedly taken place, but Cole repeatedly refused to come to the front door, said Manzella, adding that Cole seemed extremely agitated and began breaking windows and throwing objects inside the victim’s home.…

City of Palm Bay to change how it handles sex offenders

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3-22-17 Florida: BREVARD COUNTY, Fla. — A court victory for the city of Palm Bay means homeowners could be protected from sex offenders working for contractors or delivery companies, city leaders said. From now on, painters, delivery services or other contractors who come to homes with children must disclose to the homeowner if they employ a sex offender or sexual predator. "I think any law

The Suspicious Package, the Cell Phone and the Text Messages

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This post examines an opinion from the Court of Appeal ofIdaho:   State v. Billups, 2017 WL 929956 (2017). The court begins, as courts usually do, by explaining how and why the case came about:A detective responded to a call from a post office after it received a suspicious package for a post office box. The detective inspected the package, which contained a scarf and heroin. The post office employees informed the detective that packages to the addressee were typically picked up by a female soon after the packages arrived. The employees also told the detective that the post office box was registered to both a man and to A.H.—the same female who typically picked up the packages. After repackaging the scarf and removing the heroin, the detective advised the employees to deliver the package as they normally would. The detective further instructed the employees to contact the detective when the package was picked up. That same day, the detective learned a female…

How DWIs Are Actually Sentenced

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This blog is full of posts about the laws governing sentencing for misdemeanor DWI. Until now, however, I haven’t written much about how DWIs are actually sentenced. That’s because I didn’t know. While the North Carolina Sentencing and Policy Advisory Commission (“Sentencing Commission”) annually publishes a statistical report on the sentencing of felonies and misdemeanors, that report doesn’t include information about DWI sentences, which are governed by G.S. 20-179 rather than the Structured Sentencing Act. Thanks to the Sentencing Commission’s recent focus on DWI sentencing, however, I now have statistics about how DWIs are sentenced in courtrooms across North Carolina. And I think you’ll be interested in what they show. The source. The Sentencing Commission compiled statistics on the 34,278 DWIs that were sentenced in fiscal year 2015 (July 1, 2014 through June 30, 2015) and the 1,609 active terms of imprisonment for DWI that…

Wednesday Open Thread

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Time for a new open thread. All topics welcome. [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

D.Del.: Evasiveness during a public intox arrest justified Terry frisk

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Defendant was arrested for public intox and he became evasive including a request that his name not be run for warrants. That justified a Terry frisk. United States v. King, 2017 U.S. Dist. LEXIS 40213 (D. Del. March 21, 2017).* … Continue reading →

Carson Felon Charged with Pimping in Orange County While Out on Bail

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According to prosecutors, 29 year-old Rico Christopher Clayton, of Carson, had allegedly recruited a woman to participate in prostitution on February 8th. He allegedly advertised her sex services online. On that same day, officers on the Orange County Human Trafficking Task Force had responded to an online ad and arranged a meeting with the woman. Clayton was allegedly seen dropping the woman off at a Fullerton motel where the meeting had been arranged with the undercover officer. Clayton had also allegedly made calls and sent text messages to the woman indicating that he was pimping her. Clayton was out on bail for another pimping charge in Los Angeles at the time. He was charged on Monday with one felony count of pimping and pandering. He is facing sentencing enhancements for committing the crime while out on bail in addition to a previous strike conviction for burglary in 2007. If found guilty, Clayton faces up to 15 years in prison, according to the Orange County District…

Notable discussion of federal criminal justice issues at new Take Care blog

Texas finally adopts the Davis good faith exception to its statutory exclusionary rule

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Texas finally adopts the Davis good faith exception to its statutory exclusionary rule to a pre-Jardines dog sniff in a wide ranging and scholarly opinion surveying all the federal circuits on Davis and attenuation. McClintock v. State, 2017 Tex. Crim. … Continue reading →

California Aligns Misdemeanor Punishment To Help Immigrants Avoid Deportation

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Until recently, the Federal Government and the State of California defined criminal “misdemeanors” differently. While the federal government defined a misdemeanor as a crime punishable by up to 364 days, California defined it as one punishable by up to 365 days. This one-day difference often proved disastrous for immigrants with convictions, however, because the Federal government considers a crime punished by 365 days a felony and felony convictions often subject immigrants to deportation or exclusion. In 1996 Congress enacted the Illegal Immigration Reform and Immigrant Responsibility Act, which expanded the crimes for which legal residents can be deported to include crimes which were punished by 365 days. States which continued to defined misdemeanors as including sentences of 365 days unwittingly caused their immigrant-residents to face not only up to a year in jail, but deportation or exclusion from entry as well. This applied to all…

CA3: 5A no bar to using All Writs Act and contempt power to order target to decrypt hard drive

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The government can use the All Writs Act to get the target of a search to decrypt a hard drive because it does not violate the Fifth Amendment. Challenging the merits of the underlying order in a civil contempt isn’t … Continue reading →

New scam targets registered sex offenders with arrest threat

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3-23-2017 Louisiana: NEW ORLEANS -- A new scam is targeting registered sex offenders, claiming they missed court dates that never actually existed. The US Marshal's Service is warning the public that scam artists claiming they are Deputy US Marshals or Federal Marshals are working to extort money from sex offenders over the phone. According to authorities, the caller says that their target
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