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: 03/31/17 4:42 P.M. Please direct questions to the District Office On Friday, March 31, 2017, at approximately 12:24 P.M., Idaho State Police investigated a two vehicle, injury crash, on northbound Interstate 15 near milepost 86, in Bingham County. Sylvia Ofori, age 27, of Pocatello, ID, was driving northbound on I15 in a 2003 Hyundai Sonata. A second involved vehicle changed lanes towards Ofori's vehicle. To avoid impact Ofori drove off the left shoulder. Ofori's vehicle continued through the median and rolled. Ofori was wearing a seatbelt. Ofori was transported by ground ambulance to the Portneuf Medical Center in Pocatello, ID. Both northbound lanes of travel were…
Injury Crash on I15@85
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Injury Crash I15@84
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: 03/31/2017 5:32 P.M. Please direct questions to the District Office On Friday, March 31, 2017, at approximately 1:00 P.M., Idaho State Police investigated a three vehicle, injury crash, on northbound Interstate 15, near milepost 84, in Bingham County. Kelli Downing, age 54, of Boise, ID, was driving northbound on I15 in a 2000 Toyota Camry. Downing had three passengers, Laura Simmons, age 39, of Boise, ID, Tammy Wilson, age 33, of Las Vegas, NV, and Jane Foreman, age 61, of Boise, ID. Colton Carter, age 21, of Livingston, MT, and his passenger Terry Carter, age 58, of Livingston, MT, were driving northbound in a 2003 Ford Taurus. Lydonna Stephenson, age 17, of Blackfoot, ID, was…
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Tanovich on Racial Profiling
David M. Tanovich (University of Windsor - Faculty of Law) has posted Applying The Racial Profiling Correspondence Test (66(1) Criminal Law Quarterly, 2018, Forthcoming) on SSRN. Here is the abstract: In the landmark Canadian racial profiling case of R v...
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Made in .... ?
Courts and law professors are fond of reminding us that the power of the federal government is limited. To those of us who practice criminal law in federal court, however, the limits of federal power can seem elusive. Jurisdictional elements are often quite easy for the government to prove in the ordinary course of business because only a rare criminal is capable of avoiding travel, telephones, the internet, or products made abroad. As such, many defense lawyers opt to focus on the other elements of the crime charged. Riley Lively’s lawyer did not. He mounted a defense to challenge to the interstate nexus element of 18 U.S.C. § 2251(a) and clarified what exactly the government must prove to secure a conviction in federal court.18 U.S.C. § 2251(a) prohibits sexually exploiting a minor “for the purpose of producing any visual depiction of” that sexual exploitation (2) if “that visual depiction was produced or…
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Update: Crash Westbound At Vista (3/30/17)
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: 03/31/2017 8:00 p.m. Please direct questions to the District Office Update: On Thursday, March 30, 2017 at approximately 8:03 p.m., Idaho State Police investigated a two-vehicle crash on westbound Interstate 84 at milepost 53, near the Vista Avenue interchange. Derik Olander, age 21, of Boise, was driving a 1990 Subaru Loyale wagon west on I-84 near Vista when he stopped in the lane of travel. Stacie Duval, age 43, of Kuna, was driving a 2001 Toyota Sequoia behind Olander's vehicle. Duval's Toyota collided with Olander's Subaru. Stacie Duval, Derik Olander, and Olander's two passengers, Larry Olander, age 19, of Boise, and Ivy Marquez, age 19, of…
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California Takes on Trump Over Sanctuary Cities
In his first week as president, Donald Trump wasted no time fulfilling his campaign promises of “building a wall” and “banning Muslims” from the United States. On Wednesday, January 25th, Trump issued his Executive Order, ordering the immediate construction of a border wall with Mexico and called for a newly expanded force to sweep up immigrants who are illegally in the country. This order would also revive programs that allow the federal government to work with local and state law enforcement agencies to arrest and detain illegal immigrants with criminal records and share information to help track and deport them. Trump then issued another Executive Order that suspended all Syrian refugee admissions for 120 days and blocked citizens of seven Muslim-majority countries (Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen), refugees or otherwise, from entering the United States for 90 days. Elected Democratic officials from all over the state did not wait…
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Leo on Suspect Confessions
Richard A. Leo (University of San Francisco - School of Law) has posted Police Interrogation and Suspect Confessions: Social Science, Law and Public Policy (in Erik Luna, ed. Academy for Justice: A Report on Scholarship and Criminal Justice Reform (2017,...
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Sheparding district courts
United States v. King brings us a fresh take on an old question: How should courts determine whether someone is an armed career criminal? Everyone is familiar with the beloved modified categorical approach, which requires sentencing courts to look at the elements of the statute of conviction and then compare them to the elements of the “generic” version of that crime. When courts can’t figure out the elements the prosecution necessarily proved or the defendant admitted, then they may peek at the Shepard documents to learn the elements. But the Armed Career Criminal Act also requires that the government show that the defendant was convicted of violent felonies on different occasions. How are courts to find out whether the prior offenses were committed on different occasions?Errol King committed three kidnappings—all of which occurred “on or about February 18, 2002” in Cleveland, Ohio. The…
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Kerr & Schneier on Encryption Workarounds
Orin S. Kerr and Bruce Schneier (The George Washington University Law School and Harvard University - Berkman Klein Center for Internet & Society) have posted Encryption Workarounds on SSRN. Here is the abstract: The widespread use of encryption has triggered...
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Two on Miranda custody
Asking defendant whether he drove to the place where he was detained was not within the “public safety” exception of Miranda. His car, however, being left in an emergency zone when he was arrested permitted inventory for the gun under … Continue reading →
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D.Minn.: 911 call about two men entering house with guns couldn’t be corroborated at all at scene; entry for protective sweep unreasonable
“The information provided to the police was that a caller called 911 and said ‘there’s two men that came inside the house with guns.’ (Transcript at 9.) The police were also given the address of the subject house. (Id.) Based … Continue reading →
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Book Review: Pfaff's Locked In directs reformers in wrong direction
Grits has spent a fair amount of the last year thinking about Fordham law prof John Pfaff's theories on mass incarceration - first in a couple of law review articles he wrote, then on his Twitter feed, and finally in his recently published book: Locked In: The True Causes of Mass Incarceration and How to Achieve Real Reform. I've written before that his data observations hold true for Texas, almost puzzlingly so, but his recommendations to me never seemed quite right. After reading the book-length exposition of his ideas, I now can say why.Unfortunately, one can follow Prof. Pfaff's logic all the way to the end and, while much of it is thought provoking, still find it to be of little use to reformers seeking change on the front lines in the states, which is where he rightly insists the real action of criminal-justice reform takes place. I particularly regret coming to that conclusion, both because I've learned a lot thinking about the issues he raises and…
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CA11: Nolo plea establishes PC for arrest; excessive force can be shown by the injuries
Plaintiff’s nolo plea established probable cause for his arrest. Plaintiff’s excessive force claim, however, is established by clearly established law and the district court erred in finding it was de minimus. It appears that plaintiff was handcuffed and compliant but … Continue reading →
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In Like Flynn – Up to His Neck in Immunity Confusion
For the two or three people who read my blog, you may have noticed that I have been off the grid lately. If you look at the timeline on that as closely as reporters are looking at Devin Nunes’ trips to the White House in his epic performance to obscure his sources, you may have noticed when this happened. Last Fall. Ring any bells? Remember what was going on last October and November? That’s right. The “Election”, which by now has taken on the warm fuzzy feeling I used to get in my gut when I was sick as a kid and my mom forced me to drink cod liver oil. It made me sicker. But my mom said it was good for me so I drank it down. I’ve been drinking the cod liver oil of the News for the past several months with the gusto of an addict. Suddenly I can’t get enough. There are so many legal issues flying around that it makes my head spin. I kinda love it when I don’t hate it. My problem is how to explain the legal ramifications of…
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CEI: Six Reasons FCC Rules Aren’t Needed to Protect Privacy
CEI: Six Reasons FCC Rules Aren’t Needed to Protect Privacy by Ryan Radia: The Competitive Enterprise Institute has been long been skeptical of the Federal Communication Commission’s (FCC) approach to regulating how Internet service providers (ISPs) use subscriber data. We … Continue reading →
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LATimes: Police arrests are plummeting across California, fueling alarm and questions
LATimes: Police arrests are plummeting across California, fueling alarm and questions by James Queally, Kate Mather and Cindy Chang: In 2013, something changed on the streets of Los Angeles. Police officers began making fewer arrests. The following year, the Los … Continue reading →
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MD: PC as to the passenger isn’t automatic PC as to the vehicle
Probable cause that the passenger is in possession does not automatically translate to probable cause to believe that the vehicle contains contraband in the trunk justifying its search. The police could articulate nothing as to the vehicle itself, other than … Continue reading →
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Accused of Date Rape in Greenwich or Stamford Connecticut? 3 Things to Know
Getting accused or investigated for rape / sex assault in Stamford or Greenwich Connecticut can wreak havoc on your personal and professional lives. As any of the best Greenwich and Stamford criminal lawyer and attorneys know, Stamford and Greenwich sex crimes detectives work in a specialized unit called the “Special Victims Unit” or “SVU.” And anytime a rape accusation is called into the police, these Stamford and Greenwich SVU detectives launch into investigation protocols that include interrogating the suspect, taking a rape trauma kit from the accuser, and pressuring the suspect to give a DNA sample. So, how can you protect yourself if you’ve been falsely accused of rape in Stamford or Greenwich Connecticut? For starters, here are 3 things you should know right now… First, even if Sexual Contact Was Consensual, Alcohol or Drug Use Can Get You Arrested for Statutory Rape Many Greenwich and Stamford Connecticut rape investigations arise…
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DWI Checkpoints Near Me
Are DWI Checkpoints Constitutionally Legal? Police in many states often set up DWI checkpoints along heavily trafficked roads to check for drivers who may be drunk or taking drugs. This practice is particularly common around the major holidays when police know that more drivers are commonly consuming alcohol and driving. For example, statistics show that [...]Read More
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A Survey of Legal Issues & Risk Management Methods for Medical Marijuana Start-ups in Ohio
A terrific guest speaker for part of my last class means that my Marijuana Law, Policy & Reform seminar students are going to be making a large number of class presentations this week. So, blog readers should be prepared and excited to be seeing a bunch of posting about diverse...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/KjHDfjYe9Ww" height="1" width="1" alt=""/>
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