A lot of Connecticut drivers don’t know this, but you can get arrested in Stamford or Greenwich Connecticut for driving while on prescription medication and drugs. Even if a doctor told you it’s okay to drive while on the medication. Sound fair? Not really. And not to many of the best Greenwich and Stamford DUI / DWI criminal lawyers who have been fighting this issue in the Stamford criminal courts over the past decade. Stamford & Greenwich Police Exercise Broad Discretion to Decide if You’re Impaired by Prescription Drugs Many of the top criminal lawyers and attorneys in Greenwich and Stamford Connecticut routinely see police pull people over for driving erratically. Then the story unfolds like this: “Have you been drinking?” “No, Officer.” “Are you under the influence of any illegal drugs?” “No, Officer.” “Are you currently taking any prescription drugs?” “Yes, Officer.” These days…
Fighting Stamford & Greenwich Connecticut Prescription Drug DUI / DWI Arrests
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Utah judge under fire for calling former bishop "good man" in course of his rape sentencing
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Top-Ten Recent SSRN Downloads in Criminal Procedure eJournal
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 4,383 Encryption Workarounds Orin S. Kerr and Bruce Schneier The George Washington University Law School and Harvard University - Berkman Klein Center for Internet & Society Date posted to...
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Virginia criminal defense – Three hour delay to arrest does not amount to stale probable cause
The Fourth Amendment to the United States Constitution limits police authority to stop, seize, and search people and their property. Sadly, the United States Supreme Court over the decades has limited the strength of the Fourth Amendment in numerous ways, including the horrendous Terry v. Ohio (392 U.S. 1 (1968)) jurisprudence that gives police a wide range of opportunities to stop and even frisk criminal suspects not for probable cause but only for reasonable articulable suspicion for a law violation. What happens when police stop a suspect for a crime that took place three hours earlier, but instead end up searching and arresting the suspect for completely different crimes? Najee Finique Hairston learned the answer to that question on April 11, 2017, when the Virginia Court of Appeals okayed a police stop of Hairston three hours after he was observed driving recklessly by a police detective (who for whatever reason — possibly being unsure of her jurisdiction to stop…
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Next week's criminal law/procedure argument
Issue summary is from ScotusBlog, which also links to papers: Weaver v. Massachusetts: Whether a defendant asserting ineffective assistance that results in a structural error must, in addition to demonstrating deficient performance, show that he was prejudiced by counsel's ineffectiveness,...
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A Christian Response to Racism
One common thread throughout mankind is the endemic ugliness of racism. Human history is rife with examples: early Romans subjugated the Jews; slavery was rampant; India’s caste system ostracizes the untouchables; Japanese immigrants to Canada and the United States were rounded up and forced into internment camps; indigenous peoples in Canada, Australia, the United States live amid poverty and discrimination; Germany oversaw the murder of Jews, political prisoners, homosexuals, and the mentally disabled; colonialism and apartheid ruled South Africa; Jim Crow laws ruled the south, and today in North America, African-Americans have risen up to demand an end to systemic racism, their action propelled by a wave of police shootings of black men. Meanwhile, white America reels as black vigilantes assassinate white and black police officers in retaliation, as Black Lives Matter assumes centre stage in the public arena. The question I pose is whether Christians should…
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N.D.Ga.: OSHA admin warrant request to expansive and quashed
The OSHA administrative inspection warrant was improvidently granted. It was based on a complaint arising from an employee injury, and probable cause in the administrative sense is different than criminal probable cause. Here, it wasn’t reasonable to expand the administrative … Continue reading →
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TN: Defense can’t use state SDT to get access to witness’s stored communications under SCA
The State lacked standing to challenge the subpoenas issued to its witnesses and electronic communications service providers seeking cell phone and social media communications because it had no personal right, privilege, or proprietary interest in the electronic communications at issue, … Continue reading →
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LA5: No REP in cell phone provider’s records
There is no reasonable expectation of privacy in cell phone call details kept by the service provider under the third-party doctrine. State v. Savage, 2017 La. App. LEXIS 609 (La.App. 5 Cir. April 12, 2017) (decided under Fourth Amendment and … Continue reading →
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GA: Statute on return of property must be followed; can’t apply to court first
In a juvenile proceeding, recovery of the juvenile’s cell phone required following a statutory procedure which wasn’t. One can’t just apply to the court first. The further claim that retention of the phone violated the Fourth Amendment wasn’t raised below … Continue reading →
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Case o' The Week: The Ninth Gets Constructive - Davis and Constructive Amendments
Constructive amendment math: 1+1+9 = 3.One (grand jury) indicts on a charge, and a second (petit) jury convicts on a different charge -- add the Ninth, and a (third) petit jury will hear the charge again on remand and retrial. United States v. Ricky Davis, 2017 U.S. App. LEXIS 6445, (9thCir. Feb. 16, 2017), decision available here.The Honorable Judge Wallace TashimaPlayers:Decision by Judge Tashima, joined by Judge Hurwitz and District Judge Adelman. Welcome win for AFPD Peggy Sasso, E.D. Cal. (Fresno). Facts: Ricky Davis was convicted after trial of, among other things, attempted sex trafficking in violation of 18 USC § 1591(a). Id. at *2. Davis was charged with pimping a minor girl, “knowing or in reckless disregard of the fact that the person had not attained the age of 18 years.” Id. at *5. At trial, however, the jury was instructed that it could find Davis guilty if he “had a reasonable opportunity to observe [the minor], and…
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Top-Ten Recent SSRN Downloads in Criminal Law eJournal
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 1,323 Why Prison?: An Economic Critique Peter N. Salib United States Court of Appeals for the Seventh Circuit Date posted to database: 7 Mar 2017 [4th last week] 2...
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Michigan DUI – Preparing for the Alcohol Screening test and Probation Interview
In the course of every DUI case that goes through the court system, and before ever being sentenced by the Judge, a person must, by law, complete a mandatory written alcohol screening test and meet with a probation officer for an information-gathering interview. The results of that screening test (it is calculated using a numerical scoring system) and probation interview are used to prepare a sentencing recommendation (this too, is required by law) that is sent to the Judge to be used in deciding exactly what sentence to hand out. In the real world, this step is THE most important part of a drunk driving case because it directly impacts what will happen to you more than anything else. Accordingly, being prepared for both the written screening and the probation interview is critical to producing the best outcome possible. In my DUI practice we’ll spend several hours (at least) in preparation for this, including having a separate appointment and prep…
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WaPo: Watch Blog: Forced catheterizations are a good reminder that the drug war is as barbaric and cruel as ever
WaPo: Watch Blog: Forced catheterizations are a good reminder that the drug war is as barbaric and cruel as ever by Radley Balko: Here’s a disturbing report published last week by the Argus Leader in Sioux Falls, S.D.: A mesh … Continue reading →
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WaPo: ‘Nobody’s got to use the Internet’: A GOP lawmaker’s response to concerns about Web privacy
WaPo: ‘Nobody’s got to use the Internet’: A GOP lawmaker’s response to concerns about Web privacy by Kristine Phillips: A Wisconsin congressman told a town hall attendee who was concerned about the elimination of online privacy protections that using the … Continue reading →
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Crash Blocks Interstate 84 West of Hazelton
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000 Fax (208) 324-7897 For Immediate Release: 4/16/2017 at 11:56 a.m. Please direct questions to the District Office The Idaho State Police is currently investigating a commercial vehicle crash eastbound Interstate 84 at milepost 184, west of Hazelton. The right lane of eastbound travel is blocked at this time. More information will be released as it becomes available. 3725 -------------
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Update - Crash Blocks Interstate 84 West of Hazelton
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000 Fax (208) 324-7897 For Immediate Release: 4/16/2017 at 12:47 p.m. Please direct questions to the District Office *****Update***** The right lane of eastbound Interstate 84 is no longer blocked. The frontage road south of eastbound Interstate 84 at milepost 184 is completely blocked at this time. More information will be released as it becomes available. 3725 *****End of Update***** The Idaho State Police is currently investigating a commercial vehicle crash eastbound Interstate 84 at milepost 184, west of Hazelton. The right lane of eastbound travel is blocked at this time. More information will be released as it becomes available. 3725 -------------
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Happy Easter and Open Thread
Happy Easter to all who are celebrating. Alec Baldwin returned to Saturday Night Live last night. I missed it but the video is here. I watched all 15 episodes of "Ingobernable" this weekend on Netflix, with actress Kate del Castillo as the... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Update - Crash Blocks Interstate 84 West of Hazelton
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000 Fax (208) 324-7897 For Immediate Release: 4/16/2017 at 2:14 p.m. Please direct questions to the District Office *****Update***** The eastbound lane of the frontage road, south of Interstate 84 at milepost 184 is no longer blocked. 3725 *****End of Update***** *****Update***** The right lane of eastbound Interstate 84 is no longer blocked. The frontage road south of eastbound Interstate 84 at milepost 184 is completely blocked at this time. More information will be released as it becomes available. 3725 *****End of Update***** The Idaho State Police is currently investigating a commercial vehicle crash eastbound Interstate 84 at milepost 184, west of Hazelton. The right lane of eastbound travel is blocked at…
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LAW SCHOOL ADMISSIONS – IS IT FAIR TO GO SO LOW?
LAW SCHOOL ADMISSIONS – IS IT FAIR TO GO SO LOW? Edmund R. Folsom, Esq., April 16, 2017. It’s no secret that there are too many law schools and not enough lawyer jobs for their graduates. More than 50 new law schools have been accredited by the ABA since the mid-1970’s. There are now 200 fully accredited and 3 provisionally accredited law schools in the U.S. (that’s right, as if we don’t have enough of them, the ABA is still in the process of accrediting new ones). In the current overcrowded and nasty down market for lawyers, fewer people are signing up for law school. Applications dropped from 88,700 in 2006 to about 51,000 in 2015.* That leaves a glut of schools looking for ways to fill seats and keep the doors open. That has led to a significant decline in admission standards over the past several years, and bar passage rates that have declined right along with them.** At some point, this becomes cruel.…
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