The Supreme Court held today that taking and analyzing an arrestee's cheek swab for DNA is like fingerprinting and photographing and is a legitimate booking procedure, reasonable under the Fourth Amendment.
In Maryland v. King, the facts were as follows: a Maryland man, masked and armed with a gun, broke into a woman's home and raped her. The police were able to obtain a sample of the perpetrator's DNA, even though there was no description or other evidence. Alonzo King was arrested in 2009 on unrelated charges of first and second degree assault. Police took a DNA sample during booking and determined that it matched the DNA from the rape. King was tried and convicted of rape. The Maryland Court of Appeals decided that taking the DNA was an unconstitutional search and seizure and set the conviction aside.
The Supreme Court reversed. It agreed that swabbing one's cheek is a search but concluded that it was reasonable. The Court reasoned that an arrestee is already in police custody for an offense supported by probable cause and that Maryland has a legitimate government interest in safely and accurately identifying persons taken into custody. It reasoned that an arrestee's criminal history is a critical part of his identity and that officers should know about it at the time of processing. The Court said that taking a suspect's DNA profile is analogous to matching one's face to a "wanted" poster or matching fingerprints. The function of DNA swabbing, according to the majority, is the same as that of fingerprinting. The majority said that swabbing is a minimal and painless intrusion.
While the Court's opinion, delivered by Justice Kennedy, indicates that this procedure can only be used when one is arrested for a "serious" crime, it fails to provide guidance as to what amounts to a "serious" crime. The majority failed to respond to Justice Scalia's dissent, in which he and the other dissenters argued that this ruling would allow DNA sampling of those arrested for even the most minor crimes. Justice Scalia also argued that the procedure really only has the purpose of solving unrelated cold cases. He noted that DNA analysis takes so long that it has no value in helping law enforcement identify those in custody.
At oral argument, the government's lawyer opened with statistics on convictions obtained as a result of the DNA sampling procedure. "That is really good," Justice Scalia jumped in sarcastically. He pointed out that prosecutors could win a lot a convictions if there were no Fourth Amendment. Justice Kagan noted that the government's argument could justify a search of an arrestee's home simply because of the arrest.
The King ruling raises serious privacy concerns, particularly because there is no apparent limiting principle. As a Massachusetts criminal defense attorney, Robert J. Wheeler, Jr. fights aggressively to protect the constitutional rights of his clients.
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Supreme Court rules on forced DNA swabbing as part of booking procedure
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Another Baltimore Police Officer Faces Federal Charges
Just two months ago the Blog posted an article about a police officer that was indicted on federal drug conspiracy and robbery charges. That particular officer, a 36-year-old man, will learn his fate at a June 11th sentencing hearing in federal court, and the embarrassing stain of his arrest and prosecution is still fresh on the minds of top cops at the Baltimore City Police Department. But Maryland's largest police department now faces yet another scandal involving a crooked officer. The United States Attorney's Office recently announced the filing of criminal charges and the subsequent arrest of a 25-year-old female police officer that hails from Pikesville. The criminal complaint alleges that the woman stood watch in her marked patrol car while a supposed drug dealer completed a heroin sale at a Baltimore area shopping center. The woman also allegedly provided the supposed drug dealer with information about the identity of police informants, which she obtained from department databases. Unfortunately for the soon to be ex-cop, the supposed drug dealer was actually an informant working with the FBI, and the entire transaction is now the basis for a variety of serious felony charges filed against her.
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California Voluntary Manslaughter Law: Supreme Court Clarifies That “Heat of Passion” Means Intense Emotion
In the case of People v. Beltran, the California Supreme Court said that provocation is adequate to reduce an unlawful killing from murder to voluntary manslaughter. However it must be one that would cause an emotion so intense… that an ordinary person would simply react, without reflection.
![California Voluntary Manslaughter]( "Voluntary Manslaughter")
In order for a crime to qualify as voluntary manslaughter in California law, Penal Code 192(a) PC requires that it be committed during a sudden quarrel or “in the heat of passion.”
The proper standard, the justices held, is to focus upon whether a person of average disposition would be induced to react from passion rather than from judgment. The jury must consider whether a person of average disposition would have been provoked and how such a person would react in the same situation knowing the same facts.
A jury does not need to find, as the prosecution claimed, that the provocation would cause an ordinary person of average disposition to kill.
The whole notion of a “heat of passion” killing arises from California’ legal requirement that in order to convict someone of murder, a jury must find that a defendant acted with “malice” in the form of either an intent to kill or a conscious disregard for human life.
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In order for a crime to qualify as voluntary manslaughter in California law, Penal Code 192(a) PC requires that it be committed during a sudden quarrel or “in the heat of passion.”
The proper standard, the justices held, is to focus upon whether a person of average disposition would be induced to react from passion rather than from judgment. The jury must consider whether a person of average disposition would have been provoked and how such a person would react in the same situation knowing the same facts.
A jury does not need to find, as the prosecution claimed, that the provocation would cause an ordinary person of average disposition to kill.
The whole notion of a “heat of passion” killing arises from California’ legal requirement that in order to convict someone of murder, a jury must find that a defendant acted with “malice” in the form of either an intent to kill or a conscious disregard for human life.
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More Than 500 Drivers Arrested Over Memorial Day Weekend
More than 500 people were arrested on suspicion of driving under the influence in Los Angeles County over the busy Memorial Day weekend. According to a CBS Los Angeles news report, 529 people were arrested for driving under the influence of drugs or alcohol countywide from Friday through Sunday. These arrests were made as part of the "Avoid the 100 Los Angeles County DUI Campaign."
The DUI (driving under the influence) campaign that took place during Memorial Day weekend barely marks the beginning of summer DUI enforcement. Drivers in Los Angeles can expect to see increased DUI enforcement efforts this summer. If you are stopped for a DUI this summer, here are a few important DUI prevention tips to remember:Remain polite and concise with your answers during the traffic stop.Simply provide your name and insurance information without engaging in lengthy conversations about your recent activities.Refuse a breath test or to take part in a field sobriety tests. You will be required under the law to take a blood test. Refusing a test at the station will result in additional criminal penalties including a lengthy license suspension. Do not answer any questions without a DUI defense attorney present.Do not admit fault without considering all of your legal options. It may be possible to have the charges dropped or your penalties reduced.Call an experienced Los Angeles criminal defense attorney right away.
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Habitual Violent Offender in Utah
There are many laws covering a variety of crimes that could be committed in Utah, but there’s one law that can punish a person who is considered a habitual violent offender. You would be considered a habitual violent offender if you are convicted of any violent felony in Utah and have been previously convicted twice [...]
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Man Charged with Converting Collateral Used to Secure Loan
Patrick Charles Thomas, 55, Cut Bank, Montana, appeared on charges of violation of the False Claims Act, conversion of secured property, and federal loan fraud/false writing. He is currently released on special conditions. Thomas was arraigned on May 22, 2013, before U.S. Magistrate Judge Keith Strong. According to the Indictment, Thomas was engaged in ranching [...]
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Business Partners Indicted for Loan Elimination Scam
Juan Curiel, 34, Visalia, California, and Santiago Palacios, 44, Salinas, California, have been charged in an 11-count indicted for their roles in an alleged foreclosure rescue scheme. The Indictment, which was returned May 2, 2013, by a federal grand jury in Fresno, California, alleges that Curiel and Palacios were the principal operators of Star Reliable [...]
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"Justifiable praise for Virginia Gov for new order restoring some felon voting rights"
Doug Berman at Sentencing Law & Policy has this post, excerpting a New York Times editorial. In part: Nearly two dozen states have softened their disenfranchisement policies since the late 1990s, with several states repealing or scaling back lifetime bans....
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Officer is proven to be justified
The defendant, is charged with two counts of (DWI) Driving While Intoxicated in violation of VTL §1192 (2), (3), and Speeding in violation of VTL §1180(d). A pre-trial hearing was ordered to determine defendant's motion to suppress. On March 23,...
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Injury crash US12 @ Cherry Lane
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer
DO NOT REPLY
---------------------------------------------------------------------------
Idaho State Police
Regional Communication Center - North
615 W Wilbur Ave
Suite A
Coeur d'Alene, Idaho 83815
Please direct questions to the appropriate District Offices
District 1 (208) 209-8620 Fax (208) 209- 8618
District 2 (208) 799-5150
CASE # L13000427
--------------------- PRESS RELEASE -----------------------------
DATE: 06/03/2013 TIME: 10:07 am LOCATION: EB US12 near MP20 (Cherry Lane)
ASSISTING AGENCIES: Lewiston PD, Nez Perce County Sheriff, Idaho Dept of Transportation
VEHICLE #1
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DRIVER: Nathan A Berger AGE:24
ADDRESS: Boise, ID
INJURIES: Yes
HOSPITAL/LOCATION TAKEN: St Joseph Medical Center
VEHICLE: 1989 Dodge Dynasty 4dr
WRECKER: Forest Wrecking
SEATBELTS/HELMET WORN: No
PASSENGER 1: Samantha S Fignani AGE: 19
ADDRESS: Kamiah, ID
INJURIES: Yes
HOSPITAL/LOCATION TAKEN: St Joseph's Medical Center
SEATBELTS/HELMET WORN: No
PASSENGER 2: Michael S Davis AGE: 32
ADDRESS: Lewiston, ID
INJURIES: No
HOSPITAL/LOCATION TAKEN: N/A
SEATBELTS/HELMET WORN: Yes
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VEHICLE #2
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DRIVER: Henry L Guidotti AGE: 68
ADDRESS: Kamiah, ID
INJURIES: No
HOSPITAL/LOCATION TAKEN: N/A
VEHICLE: 2011 Chevy Pickup
WRECKER: Orofino Body
SEATBELTS/HELMET WORN: Yes
PASSENGER: Janet E Guidotti
ADDRESS: Kamiah, ID
INJURIES: No
HOSPITAL/LOCATION TAKEN: N/A
SEATBELTS/HELMET WORN: Yes
INCIDENT NARRATIVE: Berger was Eastbound on US12 near mp 20 when he crossed the center line and struck the rear quarter panel area of Guidotti's Chevy Pickup. Berger's vehicle continued across the Westbound lane and struck the Westbound jersey barrier, overturning, and coming to rest on its top. Guidotti lost control went across all lanes and came to rest in the Eastbound burrow pit. Investigation continues.
DSP INITIALS Mfc
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Injury crash Genesee-Juliaetta Rd MP 1.1, Juliaetta
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer
DO NOT REPLY
---------------------------------------------------------------------------
Idaho State Police
Regional Communication Center - North
615 W Wilbur Ave
Suite A
Coeur d'Alene, Idaho 83815
Please direct questions to the appropriate District Offices
District 1 (208) 209-8620 Fax (208) 209- 8618
District 2 (208) 799-5150
CASE # L13000428
--------------------- PRESS RELEASE -----------------------------
DATE: 06/03/2013 TIME: 10:27 am LOCATION: Genesee-Juliaetta Rd MP 1.1, Juliaetta
ASSISTING AGENCIES: n/a
VEHICLE #1
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DRIVER: Robert W Emerich AGE: 31
ADDRESS: Clarkston, WA
INJURIES: Yes
HOSPITAL/LOCATION TAKEN: St Joseph's Medical Center
VEHICLE: 1987 Honda Motorcycle
SEATBELTS/HELMET WORN: Yes
INCIDENT NARRATIVE: Emerich was Northbound on the Genesee-Juliaetta Road near MP 1 when he was negotiating a curve and a peg on the motorcycle caught the pavement. It caused Emerich to lost control and crash.
DSP INITIALS Mfc
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$11 Million Movie Production Ponzi Scheme Nets 27-Year Sentence for Mastermind
A film producer who promised investors exorbitant returns through the production of independent movies, including one starring reality TV star Flavor Flav, was sentenced to serve 27 years in prison. Mahmoud "Mike'' Karkehabadi, 55, received the sentence after he was previously convicted on fifty-one criminal counts, including grand theft and the fraudulent sale of securities. While Karkehabadi was convicted at trial, his business partner, Timothy Cho, was acquitted of all charges.
Karkehabada, also known as Mike Karkeh, was a partner in Alliance Group Entertainment ("AGE") along with Cho. AGE produced a total of five movies, each having a crime or mixed martial arts theme, and starring a host of lower level celebrities, including Flavor Flav, Quinton "Rampage" Jackson, and Armand Assante. Investors were solicited to contribute to the production costs of the movies, under the premise that Karkeh had already secured a lucrative distribution deal and that returns of 18% - 35% were guaranteed - even if the audiences never showed. When the economy began faltering in 2008, Karkeh told investors that the distribution deal had supposedly fallen apart, and solicited them to 'roll over' their investment into a second film. In total, 21 investors contributed over $11 million to Karkeh and AGE.
However, the films did not net the exorbitant returns advertised by Karkeh, but instead brought in only $500,000 of revenue. Faced with returns far less than promised, Karkeh used incoming investor funds to pay distributions of profits and principal to existing investors - a classic hallmark of a Ponzi scheme.
Ironically, a third co-conspirator, Deanna Ray Salazar, was also involved with an unrelated Ponzi scheme. She pled guilty last June to her role in the scheme and received a two-year prison sentence.
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NYT: Blacks Are Singled Out for Marijuana Arrests, Federal Data Suggests
NYT: Blacks Are Singled Out for Marijuana Arrests, Federal Data Suggests by Ian Urbina:
WASHINGTON — Black Americans were nearly four times as likely than whites to be arrested on charges of marijuana possession in 2010, even though the two groups used the drug at similar rates, according to new federal data.
This disparity had grown steadily from a decade before, and in some states, including Iowa, Minnesota and Illinois, blacks were around eight times as likely to be arrested.
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The War on Food Stamps, Ex-Felon Edition
6-3-2013 National:
Paul Krugman wrote a poignant piece earlier this week in The New York Times on what he called “the ugly, destructive war on food stamps.” Citing a recent study on the growing...
[[This,an article summary.Please visit my website for complete article, and more.]]
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DUI in Los Angeles News of the Weird (Part III)
In this Los Angeles DUI blog’s last homage to Funny Or Die’s October 5, 2010 article, “The 6 Weirdest DUI Arrests Ever Made,” we’re going to take a look at two more crazy cases and extract general lessons from them.![tank-los-angeles-dui-attorney.jpg]()
Weird DUI #5: Russian soldier, under the influence, smashes a tank through a villager’s home.
At first blush, this story seems to be some kind of anti-Soviet propaganda. But apparently it happened.
A Russian soldier, carrying a bottle of Vodka in each arm (!), hopped into his tank. In a rush to keep up with the rest of his unit, he smashed the tank into a nearby home. The owner of the house appeared stoic: “Thank God, they didn't shoot,” he said. The Russian Army promised to pay the homeowner compensation, and officials blamed the disaster on a mechanical problem with the tank (as opposed to the fact that the tank's driver had two bottles of Vodka under his arms… and who knows how much Vodka in him).
A military spokesperson said “Of course, there were violations, but the crew acted in good faith to catch up with its unit.”
Weird DUI #6: Goat DUI
According to Funny or Die, several years ago, Fiona Anna Enderdy got stopped at a checkpoint in D.C. Police heard a crazy braying noise from the trunk of her car. So they popped it open. Guess what they found? A goat!
Believe it or not, that goat DUI was not the only goat DUI on record. Back in January 2011 – as this blog reported – a CHP officer pulled over a man in Hemet at a DUI checkpoint and found that he had a strange passenger – a goat in the front seat! There was another man in the vehicle. Both he and the driver refused to claim the goat, so police concluded that the creature had been stolen, and they took it to a shelter in Riverside.
Lessons from these oddball DUI stories
The act of driving under the influence in Los Angeles (or elsewhere) is, in some ways, inherently absurd. Think about it. We’ve only been driving motor vehicles for 100 years or so. We’re really only beginning to understand the psychology behind addiction and the reasons why people break the law, against rational self interest. In other words, there is a lot about the nature of Los Angeles DUIs -- what causes these events, what can be done about them, what should be done about them, etc -- that’s largely unknown.
Looking at these humorous, oddball DUI stories is a good way to remind ourselves of our human limits. These stories also motivate us to take steps now to avoid humiliation in the future.
To that end, a great place to start is by connecting with a Los Angeles DUI criminal defense lawyer from the Kraut Law Group. Attorney Kraut is an experienced, highly respected former prosecutor who can help you appreciate your challenges and make grounded decisions.
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Weird DUI #5: Russian soldier, under the influence, smashes a tank through a villager’s home.
At first blush, this story seems to be some kind of anti-Soviet propaganda. But apparently it happened.
A Russian soldier, carrying a bottle of Vodka in each arm (!), hopped into his tank. In a rush to keep up with the rest of his unit, he smashed the tank into a nearby home. The owner of the house appeared stoic: “Thank God, they didn't shoot,” he said. The Russian Army promised to pay the homeowner compensation, and officials blamed the disaster on a mechanical problem with the tank (as opposed to the fact that the tank's driver had two bottles of Vodka under his arms… and who knows how much Vodka in him).
A military spokesperson said “Of course, there were violations, but the crew acted in good faith to catch up with its unit.”
Weird DUI #6: Goat DUI
According to Funny or Die, several years ago, Fiona Anna Enderdy got stopped at a checkpoint in D.C. Police heard a crazy braying noise from the trunk of her car. So they popped it open. Guess what they found? A goat!
Believe it or not, that goat DUI was not the only goat DUI on record. Back in January 2011 – as this blog reported – a CHP officer pulled over a man in Hemet at a DUI checkpoint and found that he had a strange passenger – a goat in the front seat! There was another man in the vehicle. Both he and the driver refused to claim the goat, so police concluded that the creature had been stolen, and they took it to a shelter in Riverside.
Lessons from these oddball DUI stories
The act of driving under the influence in Los Angeles (or elsewhere) is, in some ways, inherently absurd. Think about it. We’ve only been driving motor vehicles for 100 years or so. We’re really only beginning to understand the psychology behind addiction and the reasons why people break the law, against rational self interest. In other words, there is a lot about the nature of Los Angeles DUIs -- what causes these events, what can be done about them, what should be done about them, etc -- that’s largely unknown.
Looking at these humorous, oddball DUI stories is a good way to remind ourselves of our human limits. These stories also motivate us to take steps now to avoid humiliation in the future.
To that end, a great place to start is by connecting with a Los Angeles DUI criminal defense lawyer from the Kraut Law Group. Attorney Kraut is an experienced, highly respected former prosecutor who can help you appreciate your challenges and make grounded decisions.
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Is truancy illegal?
Free legal answers from attorneys - Is it technically illegal to skip school (public)? Or is it something dealt with within the school system? My child has
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Facebook Rapper Arrested on Terrorism Charges Jailed Another Month
D’Ambrosio, a student at Methuen High School in Methuen, Mass., was arrested early last month after posting lyrics referring to the Boston bombing from his amateur rap video to Facebook. D’Ambrosio has been jailed without bail since being arrested. He pleaded not guilty to the charge of “communicating a terroristic threat,” a felony carrying a [...]
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Facebook Friendship Alone Not Enough for Recusal
So long as a judge’s Facebook “friend” is only an acquaintance, there is no appearance of impropriety, a New York ethics committee said. Read more..
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Jeremy Hammond Case Demonstrates the Draconian Nature of the CFAA
In the months since Aaron Swartz’s death, it’s become clear to the American public that the Computer Fraud and Abuse Act (‘CFAA’) has become one of the most dangerous and abused criminal laws available to prosecutors. One of its biggest problems–its draconian sentencing scheme–is on full display in the case of Jeremy Hammond. Read more..
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Hitchhiking YouTube star arraigned in lawyer slaying, says he couldn’t call defense attorney
A hitchhiking YouTube star charged with murder in the beating death of a New Jersey lawyer at his home last month sought to have his Monday arraignment delayed because, he said, he has not been allowed to call a defense lawyer. Superior Court Judge Brenda Coppola Cuba told Caleb McGillivary… Read more..
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