5-20-17 North Carolina: Under G.S. 14-208.16, a registered sex offender may not reside “within 1,000 feet of the property on which any public or nonpublic school or child care center is located.” What’s the right way to measure those 1,000 feet? As the crow flies? Property line to property line? Building to building? The statute is susceptible to multiple interpretations, and the issue has yet
How to Measure 1,000 Feet for the Sex Offender Residential Restriction
↧
↧
NYC Administrative Code 19-190: Is New York City’s “Right of Way” and “Failure to Yield” Law Constitutional
New York City has good reason to enact laws to protect is residents, commuters and tourists. On any given day there are millions of people walking the streets and thousands of cars driving up and down the avenues. However, merely because the intent of the City Council is genuine does not mean that the laws it passes are constitutional, vague, legal or simply “OK.” An example of this is found in NYC Administrative Code 19-190. This “Right of Way” or “Failure to Yield” law has a great purpose, but its application and its legal foundation may have issues. At the time of this blog the Court of Appeals has not weighed in on the issues, but many New York City courts and judges, including those in Manhattan and Queens, have addresses what appears to be some glaring problems. While this blog entry by no means addresses the decision of the highest court in New York as no review has occurred, the following is recent decision from Queens County tied to…
↧
Silence Of The Black-Suited Goons
In the midst of a year’s worth of scandal in a week, it’s hard to squeeze in the obvious, even when it’s captured on video in living color. But in almost any other time in history, Turkish goons beating and kicking protesters on American soil would have shocked a nation. It’s a mark of these tumultuous political times that an act of outrageous viciousness this week by Turkish President Recep Tayyip Erdogan’s bodyguards on peaceful protesters in Washington, D.C., has barely caused a public ripple. There’s a very important bit of insight hidden within this observation. No one who can spell his name would think Recep Tayyip Erdoğan anything other than a vicious authoritarian. When that’s your reputation, it alters expectations. After all, what kind of people would such a guy have protecting him? Just because Erdogan is in the United States doesn’t mean he stops being Erogan, or that his “security” detail stops…
↧
M.D.Pa.: Def’s version in pro se motion to suppress used against him in third on credibility
Defendant files three motions to suppress. The first one was pro se and never mentioned that his stop was pretextual, that the headlights were actually on, and the stop was without reasonable suspicion. A later motion to suppress challenged the … Continue reading →
↧
HABEAS CORPUS - Y - FUJIMORI
HÁBEAS CORPUS-FUJIMORI ¿Procederá ente el TC esta quinta invocación de la Garantía Constitucional ANTECEDENTES 1.- En mi concepto Fujimori fue sentenciado mucho tiempo antes del fallo del PJ debido a una campaña sin precedentes que yo recuerde, manipulando la mente de la población por el periodismo, sólo comparable a la que se ha iniciado contra los ex – gobernantes: el traidor Humala Tasso y la perversa ambición de Heredia Alarcon con la diferencia que en esta NO existe autoría mediata, los delitos que se leS imputan y por las pruebas presentadas que deberán confirmarse en el proceso correspondiente los señalan directamente. 2.- Con la sociedad asumiendo la culpabilidad del japonés preso en la DIROES a César San Martín, probablemente el sujeto más corrupto de la cofradía a la que pertenece, estaba casi obligado a buscar la forma de…
↧
↧
N.D.N.Y.: Def’s prior drug involvement justified a drug search condition on supervised release
Defendant’s prior convictions for drugs from age 17-22 justified a drug search condition on supervised release. United States v. Betsy-Jones, 2017 U.S. Dist. LEXIS 75157 (N.D. N.Y. April 28, 2017), adopted, 2017 U.S. Dist. LEXIS 74113 (N.D. N.Y. May 16, … Continue reading →
↧
Fear and Loathing In Law School
Should fear be the primary motivator for first year law students? At PrawfsBlawg, Andrew Guthrie Ferguson argues that it’s the wrong way to go. Even with professors who try to be nice, open, inclusive and “definitely not scary,” fear exists. I don’t consider myself a scary teacher. I teach soft-Socratic with plenty of humor, banter, and encouragement. I view myself as a “coach” not a drill sergeant (or appellate judge). But, there is still fear. The role of standing up in front of dozens of students and commanding attention, respect, and precision with the subject matter generates a healthy fear. And, that is my question — is fear healthy? Ah, the good old days of Professor Kingsfield. While John Houseman only played a law professor in the movies, this was very much the law school norm back in the old days, before students decided they were consumers and demanded a tummy rub with every valued thought. …
↧
HI imposes triggering condition in anticipatory warrants under state constitution
“We are faced with a question of first impression for this court: Does the Hawai’i Constitution require that an anticipatory search warrant identify the triggering condition on the face of the warrant? In light of the privacy protections contained in … Continue reading →
↧
NYLJ: Computer Searches: A ‘General’ Warrant Can No Longer Satisfy Requirements
NYLJ: Computer Searches: A ‘General’ Warrant Can No Longer Satisfy Requirements by Roger L. Stavis (May 19, 2017): Unfortunately, “general” warrants, authorizing “rummaging” searches without specification, are alive and well in the 21st Century. More often than not, such “general … Continue reading →
↧
↧
IA: Plain view of a baggie is enough to seize it without also knowing that there are drugs in it
Plain view of a plastic baggie is enough to seize it without also knowing that there are drugs in it. State v. Taylor, 2017 Iowa App. LEXIS 517 (May 17, 2017). Defendant’s speeding and his condition was reasonable suspicion for … Continue reading →
↧
Police officer’s stop of a driver for a partially obscure license plate upheld following fourth amendment challenge
McCullough was arrested and convicted for marijuana distribution. His conviction was affirmed in United States v. McCullough. This is how the facts unfold. He was initially pulled over by an Alabama police officer for driving with a partially obscure license plate. While the numbers on the Alabama issued plate were visible, a license bracket in the shape of an eagle with outstretched wings obscured pares of the license plate including the state of issue. Alabama law provides that every motor vehicle operator shall at all times keep the license tag or license plate plainly visible on the rear end of a mother vehicles. The officer stopped McCullough because the officer believe that he had violated this law by having the eagle bracket. When McCullough was stopped, the officer issued him a ticket for failing to have a plainly visible license plate. The officer then smelled marijuana coming from the inside of the truck and a search of the truck led to the discover of $8,335 and a…
↧
Hooking Up & Having an Affair with Your Boss in Connecticut Can Lead to Sexual Harassment
We’ve seen a lot in the news lately (particularly Fox News) about how accusations of sexual harassment and having affairs by or with your boss can lead to lawsuits for sexual harassment and hostile work environment. But what if the affair with your boss in Connecticut is consensual? Is that still considered sexual harassment? Can a Connecticut employer company still get sued? 100 percent. Here’s why… “Consensual” Sex & Affairs Between Bosses & Employees in Connecticut May Not Be Criminal, But It Can Still Be Illegal Some of the best sexual harassment and employment lawyers in Greenwich, Westport and Stamford Connecticut love to throw around the word “illegal” when talking about a sexual harassment case in Connecticut, especially when Fortune 500 and fancy hedge funds are involved. But what does the legal term “illegal” mean? Usually it does not mean criminal—meaning that a boss is not going to get arrested…
↧
CA11: A police dog can’t be sued for excessive force under under § 1983 or for negligence under state law
A police dog can’t be sued under § 1983, although the handler can. Here, the handler has qualified immunity for this use of force. Jones v. Fransen, 2017 U.S. App. LEXIS 8816 (11th Cir. May 19, 2017): And to the … Continue reading →
↧
↧
Driving While Texting May Someday Be Punished The Same As DUI / OVI
How many times have you seen someone obviously texting while driving? I recently drove by a guy who was operating his phone with both hands while he steered his car with his knees. I’m sensitive to the danger posed by distracted driving, both as a lawyer who represents clients charged with traffic offenses and as a father of a child approaching driving age. The more we learn about the danger of distracted driving, the more we understand it may be as hazardous as drunk driving. Consequently, driving while texting may someday carry penalties like those for DUI (known as OVI in Ohio). Matt Richtel‘s recent article in the New York Times presents a good discussion of this issue. According to the article, the problem of driving while distracted by a cell phone is getting worse. Surveys show Americans not only continue to text but also take selfies, use Snapchat and post on Facebook while driving. According to the National Highway…
↧
Top-Ten Recent SSRN Downloads in Criminal Procedure eJournal
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 4,799 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...
↧
"Proportional Mens Rea and the Future of Criminal Code Reform"
↧
Pucker Up Buttercups: It's Mueller Time
Scattershooting, while wondering whatever happened to John B. Henderson. The appointment of Bob Mueller as Special Counsel sends an unmistakable signal to every politico, white collar lawyer and potential target in DC. It's time to get serious. Think Fitzgerald on...
↧
↧
Top Ten Favorite Albums: #9 X: Under The Big Black Sun
So much about a favorite album is about the time and place you are in your life when you hear them.Yes, I know Blonde on Blonde is superior to Love and Theft, but...My favorite X songs are not on this album, however it is my favorite album.A record about a sister's death and the world at its darkest.Sitting in a trailer in Portales with little air conditioning and less money. At the table eating cereal.Reading the lyric sheet. Studying the artwork.My loneliness matched up perfectly with the loss blasting from the songs.Perfect timing.
↧
Quick Look: Speedy Executions, Fewer Exonerations
Jennifer Thompson writes about a bill to speed up appeals. The original version of the bill, it appears, would have meant speedy executions, with fewer exonerations. Jennifer points out that this is a problem. As Anthony Ray Hinton wrote on [AL.com] last week, he spent 30 years on Alabama’s death row for a crime that he did not commit. Had SB 187 been the law at the time, he would likely have been executed instead of freed. Mr. Hinton’s life would be over and the survivors of the crime for which he was falsely convicted would have no justice. You really should read her article. Then sit for a few minutes, think about it, and ponder why we continue to think that the death penalty—whether in Alabama, or California, or anywhere else—is something civilized people should support. What we really need are not speedy executions ensuring fewer exonerations. We need a dedication to justice. We need cops who will seriously investigate a crime; not…
↧
Road blockage from crash eastbound I84 at milepost 163, near Jerome
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: 5/20/2017 9:24 p.m. Please direct questions to the District Office The Idaho State Police is currently investigating a three-vehicle crash eastbound I84 at milepost 163, near Jerome. Both westbound lanes and the left eastbound lane are blocked at this time. More information will be released as it becomes available. 3683 / 2850 -------------
↧
More Pages to Explore .....
