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LA4: No right to a Miranda warning when consent sought for DNA swab

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Taking DNA by a buccal swab is a search, but defendant doesn’t have a right to a Miranda warning when consent is sought. State v. Cooper, 2017 La. App. LEXIS 1211 (La.App. 4 Cir. July 5, 2017). The seizure of … Continue reading →

FL: Appellate counsel can’t be ineffective for failing to argue a defaulted 4A claim

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Appellate counsel can’t be ineffective for not arguing a Fourth Amendment claim not presented to the trial court. Peterson v. State, 2017 Fla. LEXIS 1455 (July 6, 2017). Defendant didn’t have standing to challenge the search of the car he … Continue reading →

Texas continues to demonstrate how state "smart on crime" reforms can lead to less imprisonment and less crime

The Status of the “Oops” Defense under the Endangered Species Act

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The Endangered Species Act (“ESA”) makes it a crime to “knowingly” violate the statute.  “Any person who knowingly violates any provision of this Act, of any permit or certificate issued hereunder, or of any [certain] regulation issued . . ., upon conviction, be fined not more than $50,000 or imprisoned for not more than one year, or both.  Any person who knowingly violates any provision of any other [certain] regulation issued under this Act shall, upon conviction, be fined not more than $25,000 or imprisoned for not more than six months, or both.”  16 U.S.C. § 1540(b).  The original wording was changed by Congress in 1978 to change the mens rea from “willingly” to “knowingly” in order to make violations of the ESA into a “general intent” crime in line with the interpretation of other environmental statutes.      In 1998, United States v. McKittrick held that…

Criminal Justice Scholarship Contest: Vote Now for Your Favorite Essay!

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The application deadline is up, the essays are in, and a total of $2,500 is up for grabs. The Fort Worth law firm of Varghese Summersett PLLC is awarding three criminal justice scholarships this month to undergraduate or law school students who have demonstrated a commitment to improving the criminal justice system. To apply, they had to write an essay – and wow, did they deliver. We received dozens of essays from students across the country. We were floored by their insight, writing ability, honesty, and hope for the future. In fact, the essays are so good we need your help selecting our scholarship winners. We are giving away a total of $2,500 in scholarships, which can be used to offset the cost of tuition, housing, books, travel expenses — whatever will give these budding scholars a leg-up. The first scholarship will be awarded by the Scholarship Committee at our law firm. The second and third scholarship recipients will be selected by you in an online voting…

Criminal Justice Scholarship Contest: Vote Now for Your Favorite Essay!

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The application deadline is up, the essays are in, and a total of $2,500 is up for grabs. The Fort Worth law firm of Varghese Summersett PLLC is awarding three criminal justice scholarships this month to undergraduate or law school students who have demonstrated a commitment to improving the criminal justice system. To apply, they had to write an essay – and wow, did they deliver. We received dozens of essays from students across the country. We were floored by their insight, writing ability, honesty, and hope for the future. In fact, the essays are so good we need your help selecting our scholarship winners. We are giving away a total of $2,500 in scholarships, which can be used to offset the cost of tuition, housing, books, travel expenses — whatever will give these budding scholars a leg-up. The first scholarship will be awarded by the Scholarship Committee at our law firm. The second and third scholarship recipients will be selected by you in an online voting…

Charged with a Misdemeanor in MA, but Live Out of State?

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A misdemeanor is a minor criminal offense, but it’s a criminal offense nonetheless. As such, a misdemeanor conviction may result in hefty fines, jail time, and a criminal record. Facing a misdemeanor charge can be scary, especially when it originates somewhere other than your home state. If you were charged in MA but you live in another state, what do you do? Read on for more information about what to do, and what not t to do if you are facing an out of state misdemeanor charge. Ignorance is Not Bliss For starters, don’t ignore the charge. The criminal justice system will catch up with you eventually, and ignoring a criminal charge is the best way to ensure a conviction and additional charges. A MA criminal defense attorney can help you determine how to proceed if you’ve been arrested in MA but live out of state. Penalties for Misdemeanor Offenses Misdemeanors are not as serious as felonies, but that doesn’t mean you won’t face serious penalties.…

TX1: Shooting call a few minutes earlier justified protective sweep of apartment

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The protective sweep of defendant’s apartment in response to a shooting call was reasonable. “The officers knew that there had been a shooting [just a few minutes earlier] and that at least one person had been shot. They did not … Continue reading →

Split Third Circuit panel finds numerous problems with short federal sentences for child-abusing Army couple

MA: Hot pursuit not justified for civil infraction of possession of MJ; not serious enough offense

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“In this case, we consider whether the warrantless entry by police into a residence was justified where the entry was made while chasing the defendant, who fled from police during a stop for a civil infraction of marijuana possession. Concluding … Continue reading →

University of Maryland pharmacy school partnering with Americans for Safe Access on medical marijuana instruction

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As an academic working at a large state university believing in the importance of training students about marijuana law, policy and reform, I am always extra interested hearing about academics at other large state universities working in this space. One such story is covered in this new AP article with...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/kgxNvQEWMj0" height="1" width="1" alt=""/>

"Some Alaska marijuana shops’ Facebook pages are being taken down"

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The title of this post is the headline of this interesting news report from The Last Frontier. Here are the details: Some Alaska marijuana shops have suddenly found themselves with one less outlet for advertising this week. Owners and employees of at least six marijuana retail stores in the state...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/G25JpyUl5s0" height="1" width="1" alt=""/>

News Scan

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Illegal Immigrant Arrested for Rape:  On June 15, police arrested three Hispanic teenagers for the home invasion and rape of a 23-year-old mother of two.  Worldnetdaily and Fox5 Atlanta report that Josue Aguilar Ramirez, 19, Francisco Palencia, 17, and an unidentified 15-year-old, face charges of kidnapping, rape, aggravated sodomy, and aggravated battery.  Police report that the victim returned home from work with her two small children and found two men wearing ski masks and armed with stun guns in her kitchen.  When she resisted the men doused her with boiling water, tased her, and dragged her into the bedroom where she was sodomized and raped in front of her 4-year-old son.  While the County Sheriff identified Ramirez, the oldest assailant, as an illegal alien with an active immigration hold from ICE, none of the Atlanta area media has bothered to report this.Crime Drops After Cancelling Sanctuary City:  In 2008 the city of Phoenix, AZ…

Update-Crash Causing Congestion Near Center Street in Pocatelllo

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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: 7/7/2017 4:05 pm Please direct questions to the District Office ***Update*** The crash is now clear and was property damage only. 3638/3641 The Idaho State Police is currently investigating a crash southbound Interstate 15 near milepost 69, the Clark and Center St exit in Pocatello. Traffic is congested in the area. Use caution when traveling through the area. 3946/3318 -------------

Governor Rauner grants 10 petitions for executive clemency with authorization to expunge on June 30, 2017

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Last Friday, June 30, 2017 Governor Rauner addressed another batch of Illinois clemency petitions, granting 10 pardons with authorization to expunge and denying 104. The pardons that were issued were for cases ranging in dates from 1981 to 2000 and were for offenses including aggravated assault, aggravated battery, retail theft, theft, forgery and assorted felony drug crimes. I am beyond pleased to report that 1 of my clients is included in this batch of 10 successful petitions; congratulations to him and to the 9 other undoubtedly deserving candidates.

District 2 Property Damage Crash Soutbound US95 @ MP 281

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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: 07/07/2017 15:55 Please direct questions to the District Office The Idaho State Police investigated a vehicle fire on US12 MP 281, near Winchester on July 7th, 2017 at 10:44 a.m. John Frei, a 45 year old male of Ferdinand was driving a semi tractor hauling a grain trailer when a fire started in the engine compartment. Frei pulled the vehicle off the road and exited the vehicle, where he and several passerby's tried to extinguish the fire. The tractor was fully engulfed, the trailer was undamaged. The southbound lane was blocked for four hours, the northbound lane was blocked for two hours. The cause of the fire is not known at this time. The…

Henderson on Third-Party Doctrine and Location Surveillance

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Stephen E. Henderson (University of Oklahoma College of Law) has posted Carpenter v. United States and the Fourth Amendment: The Best Way Forward (William & Mary Bill of Rights, Forthcoming) on SSRN. Here is the abstract: We finally have a...

Burglary of a Building | What is Burglary of of Building in Texas?

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Burglary of a Building While most people think of burglary as a form of theft, the definition of burglary of a building in Texas is far more expansive. Burglary of a building is the entry into a building, or a portion of a building, without the consent of the owner of the building with the intent to commit a felony, theft, or an assault or commit or attempt to commit a felony, theft, or assault. Burglary of a Building does not require the complete entry into a building. In other words, reaching in a window or a door is sufficient to meet the definition of Burglary of a building. Similarly, entering any portion of a building is sufficient. Conduct such as entering a business after hours, entering a portion of the building not open to the general public, or staying within a business after the business has closed, without the consent of the owner, all are included as forms of “unlawful entry” for purposes of the burglary statute. Three examples of…

Burglary of a Building | What is Burglary of of Building in Texas?

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Burglary of a Building While most people think of burglary as a form of theft, the definition of burglary of a building in Texas is far more expansive. Burglary of a building is the entry into a building, or a portion of a building, without the consent of the owner of the building with the intent to commit a felony, theft, or an assault or commit or attempt to commit a felony, theft, or assault. Burglary of a Building does not require the complete entry into a building. In other words, reaching in a window or a door is sufficient to meet the definition of Burglary of a building. Similarly, entering any portion of a building is sufficient. Conduct such as entering a business after hours, entering a portion of the building not open to the general public, or staying within a business after the business has closed, without the consent of the owner, all are included as forms of “unlawful entry” for purposes of the burglary statute. Three examples of…

Don’t Let Prosecutors Or Law Enforcement Officers Cheat You: Fighting Their Bad Behavior (Part II)

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Update: The Yatyu Yam Case    This past spring I wrote about the case of NYPD detective Yatyu Yam, accused by prosecutors of bribery and official misconduct charges relating to allegations he tipped off the owners of karaoke bars in Queens in exchange for cash bribes.  NYPL § 200.11, NYPL § 105.10(1), NYPL § 200.25, NYPL § 195.00(1), NYPL § 195.05 and NYPL § 105.00.  What was particularly odious about this case was what occurred upon Detective Yam’s arrest: instead of being processed and brought before a judge to be arraigned, Detective Yam was taken to a secret hotel room where he was interrogated for hours without counsel present, in violation of Miranda v. Arizona, 384 U.S. 436, 444 (1966).  When he did ask for an attorney – his union lawyer – he was told to instead hire a private lawyer out of the Yellow Pages, as an NYPD sergeant and captain told him that they were concerned Yam’s union…
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