A cab driver called the police because defendant dropped a gun. The cab driver feared he was to be robbed (but he wasn’t). The police showed up and claimed defendant acted nervous. (Only a little.) The frisk and removal of … Continue reading →
IN: Officers lacked RS to take gun off an otherwise law abiding citizen based on a citizen informant tip def had a gun
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California Dermatologist Indicted For Health Care Fraud for Allegedly Billing Microdermabrasions or Chemical Peels Performed by Staff as Acne Surgeries to Private Insurers
The number of prosecutions for health care fraud involving private insurance is on the rise as shown by a recent case. In years past, the insurance carriers would have audited and demanded a repayment or cancelled their contract. That has definitely changed.On May 11, 2017, a Fresno federal grand jury returned an eight-count indictment for health care fraud against dermatologist Dr. Basil Hantash who is the medical director of Advanced Skin Institute (ASI) in Turlock, California. According to the Indictment from 2011 through April 2016, Dr. Hantash submitted claims to private insurance companies requesting payment for performing acne surgeries. It is alleged that staff at ASI had performed only "cosmetic" procedures known as microdermabrasions or chemical peels. What is interesting about this is that "acne surgery" is often microdermabrasion or chemical peels. The difference between "cosmetic" and "medical" is…
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Washington Appeals Court Finds No Unlawful Seizure in Drug Possession Case
Drug possession cases hinge on evidence of the drugs themselves. Under the exclusionary rule, if drug evidence resulted from an unlawful search or seizure, it must be excluded. It is therefore common in drug cases for the defendant to move for the evidence to be suppressed on the ground it resulted from an unlawful search or seizure. In a recent unpublished case, a Washington appeals court considered whether evidence of drugs in a vehicle should have been suppressed. The defendant pulled his vehicle over to the side of the road after a police sergeant pulled behind him. When the sergeant turned around and drove back toward him, the defendant moved forward, passing the sergeant. The sergeant turned around again. The defendant again pulled over and put on his flashers. The sergeant pulled over behind him. The defendant told the sergeant he thought he had a flat, but the sergeant did not think the tire looked flat. The sergeant then…
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Eye on Immigration
by Shlomit Levy, LMSW, Clinical CoordinatorMental Health Social Worker, Giuliana Ruiz-Moreno (LMSW) and Clinic Coordinator, Shlomit Levy (LMSW) at the the YMCA's "Know Your Rights Immigration Session"Giuliana Ruiz-Moreno and Shlomit Levy from Bronx Community Solutions were recently asked to speak and present information at the Know your Rights Immigration Session event sponsored by the New Americans Welcome Center of the YMCA of Greater New York and co-hosted by the office of New York City Council Member Annabel Palma. The event, held at the Castle Hill YMCA in the Bronx, featured attorneys from Bronx ImmigrationPartnership, NY Defender Services, and Human Rights First and featured additional support services from ID NYC and the Violence Intervention Program (VIP). The event was attended by adults and families who were seeking assistance in understanding and solidifying their immigration status in light of the recently publicized ICE…
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Partners in Practice: John Jay College of Criminal Justice
by Lovis Nelson-Williams, Compliance ManagerAbove: BCS Project Director, Maria Almonte-Weston with Intake Intern Chris Rivera and BCS Compliance Manager, Lovis Nelson-Williams; Below: Chris Rivera presents on his internship experienceBronx Community Solutions had the honor of being recognized as a provider of professional experiences and opportunities for John Jay students. At the Public Sector Internship Reception, hosted by Jeremy Travis, criminal justice agencies and organizations across New York City were present alongside students engaged in internships. Bronx Community Solutions as well as other providers, were thanked for allowing students to combine theoretical concepts in the classroom, with the real life experiences of various criminal justice career paths. We had the pleasure of having one of our current interns, Christopher Rivera, a senior at John Jay, talk about his role in the organization. He has had the opportunity to provide services for defendants via…
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Farewell to a Champion of Law and Order
Heather MacDonald has this article at City Journal:Whatever FBI director James Comey's alleged failings in regard to the investigation of Hillary Clinton's email server and Russian election interference, his precipitous sacking is a loss for America's police officers and public order.The man whom President Donald Trump now calls a "showboater" and "grandstander" gave candidate Trump the most powerful message of his campaign: policing matters. Months before Trump decried the media's "false narrative" about policing, Comey had warned that the "chill wind" blowing through American law enforcement was resulting in a rising homicide toll among black people. Comey was virtually the only official within the Obama administration to acknowledge publicly the disastrous impact that the Black Lives Matter movement was having on public safety; Obama contemptuously rebuked him for doing so.
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Alexander on Strict Liability
Larry Alexander (University of San Diego School of Law) has posted Is There a Case for Strict Liability? on SSRN. Here is the abstract: In this short paper, I shall answer the title’s question first in the context of criminal...
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An Insider's View of Gideon v. Wainwright
Andrew Hamm at SCOTUSblog reports on a panel discussion at the Supreme Court Historical Society and the reminiscence of Timothy Dyk, who in 1962 was a law clerk to Chief Justice Earl Warren.
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Quick Friday Post – United States Attorney General wants tougher sentencing.
Just on my way out the door and saw this one: Attorney General Sessions thinks we need tougher sentencing and has instructed DOJ attorneys to ask for more time for crime. Like we don’t have enough people in federal prison? And tougher sentences mean that folks with federal restitution and fines to pay won’t pay. Here’s my simple reasoning – folks in prison don’t work. If they don’t work, they don’t have money to pay restitution and fines. Too simple? Not if you look at the impact of federal sentences. The Government gets big restitution judgments that make it seem like we are getting tough on crime and making the victim whole, but the reality is different. Prison time is just down time, and it does not make people more willing to follow the law or pay their fines and restitution. Probation and requiring persons convicted of criminal conduct to work and pay their victims back may well be the best solution. Here’s my…
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Vandalism, Probation and the Probation Conditions
This post examines a recent opinion from the California Court of Appeal – Fourth District: People v. Edwin R., 2017 WL 1507526 (2017). The court begins the opinion by explaining thatEdwin R., a juvenile, appeals from a probation order entered after he admitted to committing an act of vandalism. Two of the probation requirements imposed on Edwin are that he consent to law enforcement searches of any electronic devices in his possession and that he provide his passwords to internet and social media websites to his probation officer. Edwin contends that these search conditions are invalid and constitutionally overbroad.People v. Edwin R., supra.The court goes on to explain how, and why, the prosecution arose:A witness called police after observing Edwin and another juvenile spray painting graffiti on the wall of a building. When police arrived at the location, Edwin and the other juvenile attempted to run away. Edwin threw a can of spray paint as he fled. He later…
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Restoring firearm rights lost due to an involuntary commitment for mental-health care poses challenge for Washington residents
In Washington, restoring firearm rights which were lost due to an involuntary commitment for mental-health care can be a real challenge. It turns out to be much more difficult than restoring firearm rights lost due to a criminal conviction. Under either scenario, the person seeking restoration of rights must apply to a Superior Court. This similarities end there. However, the larger challenge is that even if a Washington Superior Court order restores firearm rights following a mental-health commitment, federal authorities will not recognize the person’s right to possess firearms, and are likely to deny any request to purchase a firearm. Worse news: No procedure is available under federal law to restore firearm rights. When a person seeks restoration of firearm rights following an involuntary commitment, a judge must restore firearm rights if the person proves the following: Continue reading
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RCC North - District 2 Template
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 2 Patrol 2700 North and South Highway Lewiston, ID 83501-1732 (208) 799-5151 Fax (208) 799-5146 For Immediate Release: 05/12/2017 3:59 PM Please direct questions to the District Office On May 12th, at approximately 1:40 PM, an injury crash occurred on US-12 at milepost 14.9 near the Arrow Bridge. A white 2003 Chevrolet pickup being driven by a Cully Hix (50 years old of Juliaetta) was traveling eastbound and attempting to pass another vehicle. A grey 2007 Toyota Camry was being driven by a Mallory Petrie (29 year old female of Lewiston) was traveling in the westbound lane. Mr. Hix vehicle struck Ms. Petrie's vehicle head-on, blocking the road. Both occupants were wearing seatbelts and were transported to St Joseph Medical Center in Lewiston. The eastbound lane of…
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District 2 Injury Crash, EB US-12 at MP 14.9 near the Arrow Bridge
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 2 Patrol 2700 North and South Highway Lewiston, ID 83501-1732 (208) 799-5151 Fax (208) 799-5146 For Immediate Release: 05/12/2017 3:59 PM Please direct questions to the District Office On May 12th, at approximately 1:40 PM, an injury crash occurred on US-12 at milepost 14.9 near the Arrow Bridge. A white 2003 Chevrolet pickup being driven by a Cully Hix (50 years old of Juliaetta) was traveling eastbound and attempting to pass another vehicle. A grey 2007 Toyota Camry was being driven by a Mallory Petrie (29 year old female of Lewiston) was traveling in the westbound lane. Mr. Hix vehicle struck Ms. Petrie's vehicle head-on, blocking the road. Both occupants were wearing seatbelts and were transported to St Joseph Medical Center in Lewiston. The eastbound lane of…
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Kaye on Pornography and Prostitution
Anders Kaye (Thomas Jefferson School of Law) has posted Why Pornography is Not Prostitution: Folk Theories of Sexuality in the Law of Vice (60 St. Louis Law Journal 243 (2016)) on SSRN. Here is the abstract: This Article dissects an...
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Michigan Driver’s License Restoration – Experience and a Guaranteed Win
I was recently asked how many Michigan driver’s license restoration cases I handle every year, because the person making the inquiry was being a smart consumer and doing some “comparison shopping.” Off the top of my head, I indicated that I wasn’t exactly sure, so I took out my date book at looked back over the preceding 2 months. As it turns out, in March of this year (2017), I handled 25 driver’s license restoration and clearance cases, and in April, I handled 22 license appeal cases; that’s about average for me. While that much experience is certainly a lot, and should give any potential client a sense of comfort about hiring me, I think it’s even more important, however, that I provide a first-time win guarantee in every license appeal case I take. Seriously, if all that experience is worth anything, then I should have no reservations about putting my money where my mouth is, and I don’t. For all…
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Blowing Dust I-15 Corridor
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: 5/12/17 6:20 p.m. Please direct questions to the District Office At this time there is low visibility due to blowing dust in the area of the I-15 corridor through the Pocatello area. 3641 / 3638 -------------
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Braatz on Cruel and Unusual Punishments
Erin Braatz has posted The Eighth Amendment's Milieu: Penal Reform in the Late Eighteenth Century (Journal of Criminal Law and Criminology, Vol. 106, No. 3, 2016) on SSRN. Here is the abstract: Conflicting interpretations of the history of the “cruel...
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New Essential
Was sent an advanced copy and it is brutal and powerful.Dispatch logs, supplemental reports, IA reports, and frightening conclusions.Stories of cultures within agencies that are unbelievable.A must read.
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Open Thread: AG Sessions Channels Ghosts of Justice Past
Jeff Sessions issued a memo to the United States Attorneys directing them to charge the highest provable offense possible. What this means is that the charging decision dictates the outcome under the regime of mandatory minimums. If this seems like deja vu all over again, that’s because it is. This was the protocol under Attorney General John Ashcroft. In the interim, Attorney General Eric Holder issued a memo providing for greater exercise of prosecutorial discretion. As should be obvious, the problem with addressing the outcomes of “prison nation” and the draconian “War on Drugs” by memo is that the next guy gets to write a memo of his own. In this case, Sessions, contrary to some suggestions, hasn’t quite done something new and horrible, but returned to the old and horrible days of Ashcroft. “We are returning to the enforcement of the laws as passed by Congress, plain and simple,” Sessions said. “If you are a drug…
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Morning Radio: Mono No Aware
Saturday.Off point.Stationary.Rest.President Trump has done more for employment law than any other employer with his recent firing of Director Comey.Thank you Donald.Not each story needs a resolve.Nothing more.Mono No Aware.It is the thing.
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