Item: A speech by the president of the United States, to law enforcement officers: "Don't be too nice...these thugs being thrown into the back of a paddy wagon, you see them being thrown in, rough, I said "Please don't be too nice..." Item: The Fifth Amendment to the Constitution Of the United States: "No person shall...be deprived of life, liberty, property, without due process of law..." On Friday, July 28, 2017, the 46th president of the United States encouraged law enforcement officers to brutalize suspects arrested in a criminal case. Item: July 26, 1948, President Harry S Truman signs executive order 9981 desegregating the armed forces of the United States of America. Item: July 26, 2017, President Donald J Trump tweets that transgender individuals are barred from service in the United States Armed Forces. From Occupied America, where we are one of the very few people who know what the "S" in…
The S in Harry
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What if Connecticut Police Show Up at My House with a Search Warrant for Child Pornography?
As many of the best Connecticut child pornography criminal lawyers and attorneys know, a typical child pornography prosecution can start like this: 6 in the morning there’s a loud knock at your door. At least 5-7 Connecticut police officers or FBI agents are at your front door with a search warrant signed by a Connecticut judge, authorizing these officers to enter your home and to seize and search all of your computers, iPads, iphones and other electronic devices. They can and will take everything they want (even your children’s electronics and hardware)—at their sole discretion—and will usually confine you to a room or allow you to leave after they search you. This is the typical Possession of Child Pornography search warrant scenario in Connecticut, and top Connecticut child porn lawyers and attorneys are seeing enforcement dialed up as child porn sharing technology over the internet escalates. So if you’re the target a Connecticut child…
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Affordable Bonds Ordered for Cook County Bond Hearings
Cook County Chief Judge Timothy Evans has issued an order which makes the greatest attempt yet to deal with overcrowding in Cook County Jail which is caused by defendants being forced to sit in jail while their cases work their way through the Cook County criminal justice system simply because they cannot afford to post the bond needed to walk out of jail. Estimates place the number of defendants who are sitting in Cook County Jail just because they can’t afford to post bond at between 250 to 300 inmates per day. Most of those bonds are for $1,000 or less. This problem plays a major role in the overcrowding of the 9,000 inmate Cook County Jail. The overcrowding problem at Cook County Jail is causing a major strain on Cook County’s limited budget resources. As of September 18, defendants charged with a felony will be interviewed before their bond hearing about their financial resources. Criminal felony defendants are already interviewed by…
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Top-Ten Recent SSRN Downloads in Criminal Law eJournal
are here. The usual disclaimers apply. Rank Paper Downloads 1. Dynamic Rationality Stephanie Plamondon Bair Brigham Young University J. Reuben Clark Law School Date Posted: 27 May 2017 [2nd last week] 181 2. The Responsibility Gap in Corporate Crime Samuel...
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WaPo: U.S. police chiefs blast Trump for endorsing ‘police brutality’
WaPo: U.S. police chiefs blast Trump for endorsing ‘police brutality’ by Cleve R. Wootson Jr. & Mark Berman: Police departments across the country moved quickly to denounce President Trump’s comments condoning “roughing up” people who have been arrested. . . … Continue reading →
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Spotlighting BOP's continued curious failure to make serious use of "compassionate release"
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Reviewing the unique (and uniquely important?) Texas experience with criminal justice reform
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The PVC of The New Anti-Semitism
There’s a silly war going on in northern New Jersey, places with funny names like Mahwah and less-funny names like Upper Saddle River, over whether a piece of PVC pipe attached to a telephone pole is a sign, and as a sign, subject to local building codes. But the war sounds far less silly when you realize the claims are silly only because they’re an obvious subterfuge for the “real” problem. “Get those scum out of here.” “They are clearly trying to annex land like they’ve been doing in Occupied Palestine. Look up the satanic verses of the Talmud and tell me what you see.” “Our town is such a great place and if these things move in they will ruin it. They think they can do whatever the hell they want and we’ll be known as a dirty town if they move in. Please keep them out…” “I don’t want these rude, nasty, dirty people who think they can do what they want in our…
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Fatality Crash on I84 near Milepost 16, in Payette County
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 7/30/2017 5:05 a.m. Please direct questions to the District Office On Saturday, July 29, 2017, at approximately 3:47 p.m., Idaho State Police investigated a single-vehicle fatality crash on I84 near milepost 16, in Payette County. Edward T. Lujan, 67, of Worland, WY was driving eastbound on I84 in a 2001 Ford pickup. Lujan's vehicle experienced a tire failure and Lujan lost control of the vehicle. The vehicle traveled through the median, across the westbound lanes, and through a cement barrier where it rolled coming to rest on its top. Lujan succumbed to his injuries at the scene. Next of kin has been notified. Lujan's passenger Margaret Rose, 56, of Mount…
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The Perfect Poster Girl
It might seem as if she’s back out of nowhere. Her attempt at porn did more to promote abstinence than any effort by Tipper Gore. Her resort to BDSM as a catharsis for her outrage could be the new 50 shades of pale. And it’s coincidental that it comes moments after Columbia University paid off Paul Nungesser, the victim of her mattress-toting shenanigans. But Emma Sulkawicz is back. Tovia Smith at NPR held up Mattress Girl as a “survivor,” rationalizing that it’s her self-identification. After all, it’s not as if Nungesser was cleared of any wrongdoing and Sulkawicz’s only survival is from having been caught in her lies. Reporter Tovia Smith quotes as a “survivor” the Columbia University graduate Emma Sulkowicz, who lost her rape case against fellow student Paul Nungesser in a campus adjudication based on the extremely low “more likely than not” evidence standard. Sulkowicz and her activist friends harassed…
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Short Take: How’d They Know?
Dr. SJ sent me a link with a note that I should sign up for this. If she said so, then I must obey (for the unwary, her pet name is SWMBO. Mine is “you moron,” not that you needed to know that). Moments later, this arrived in my mailbox. Look what you did, you little jerk… If I had a nickel for every time I received this or a variation on the theme, But I digress. I assure you, we don’t take what just happened lightly. You just gave us your email and joined our newsletter. That’s a VERY big deal to us. Don’t believe me? After you pressed the submit button and sent us your email a little buzzer went off in our office. Our entire team can hear it, and when it went off everyone smiled. Our office manager gave a golf clap and our operations guy did a pushup (I don’t know why, but for some reason he does a pushup each time the buzzer goes off). Greg, our head of marketing, ran outside and hugged some old lady walking by the office.…
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Supreme Court Victory
THE WRIGHT LAW GROUP WINS A SUPREME COURT VICTORY FOR HOA CASES IN NEVADA In a landmark Nevada Supreme Court decision hot off the Supreme Court presses on July 27, 2017, the Court handed down a powerful decision concerning the retroactivity of their previous decision in SFR Investments Pool 1, LLC v. U.S. Bank N.A. (2014). The new case is captioned K&P Homes v. Christiana Trust and veteran trial attorney John Henry Wright, Esq. of The Wright Law Group P.C. secured a massive win for HOA foreclosure investors in the state of Nevada. This victory materialized when the Supreme Court held that SFR Investments applies retroactively to all foreclosures since NRS 116’s inception . You can read the whole opinion here. VISIT WEBSITE http://caseinfo.nvsupremecourt.us/document/view.do?csNameID=38180&csIID=38180&deLinkID=609228&sireDocumentNumber=17-24928 In K&P Homes , the Nevada Supreme Court answered the certified question from United States District Court for…
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LA MINISTRA DE EDUCACIÓN DEBE RENUNCIAR II
LA MINISTRA DE EDUCACIÓN DEBE RENUNCIAR II http://larepublica.pe/politica/1067544-no-al-cargamonton “Conozco a la persona que confundió a San Martín con Bolívar y puedo dar fe de que no se trata de un inexperto, un topo fujimorista y menos aún alguien con poca educación. Simplemente tuvo una terrible distracción, como cualquiera de nosotros en algún momento de su vida. ¿Debe pagar las consecuencias? Bueno, perdió su trabajo pero además tuvo que soportar la burla nacional. Me pregunto cuántos se hubieran dado cuenta de la equivocación sino fuera porque alguien más lo señaló. Somos de esas sociedades que lejos de conocer y respetar a sus héroes o libertadores suele orinar en los monumentos levantados en su honor”. MI OPINIÓN Todo el artículo de la señora Patricia Montero penoso por su fin último…
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D.R.I.: Warrantless ping of def’s cell phone was based on exigency of threatened suicide
Defendant sent texts suggesting he’d commit suicide rather than go to prison for child pornography, something he’d been involved wiyth before. The officers had exigent circumstances to have his cell phone pinged to find him. There was a factual dispute … Continue reading →
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KS: While stop and frisk must be objectively reasonable, officer’s subjective beliefs have evidentiary relevance and are “not to be ignored”
While objective facts must support a frisk, an officer’s subjective beliefs are at least relevant evidence on how objective it is. “In short, an officer’s subjective fear or belief that a stopped person is armed and presently dangerous is not … Continue reading →
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CA4: After seizure of cell phone, actual search under SW doesn’t have to happen by the date on the SW to be reasonable
The seizure then search of defendant’s cell phone under a search warrant was reasonable because the search followed the terms of the warrant. Actually analysis of the data doesn’t have to happen within the time on the face of the … Continue reading →
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CA8: When a gun is seized in a business, govt must show justification; here it failed to show officer safety was an issue. A gun on a shelf in a business is not exigency per se.
An undercover officer entered a tattoo parlor looking for a “person of interest” in an unrelated case. A gun was seen on a shelf in the “work area.” Officers came back. Customers were allowed in the “work area” by invitation … Continue reading →
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Governor: DPS crime lab fees 'premature,' but that doesn't mean 'unnecessary'
Texas politicians love to talk about cutting budgets and reducing taxes, but they never want any of the services that money pays for to shrink. Or at least, that's Grits' takeaway from the governor's volteface on Friday, when Greg Abbott rescinded the Texas Department of Public Safety's move to charge law enforcement agencies discounted fees for crime-lab services. For decades, DPS provided such services for free to jurisdictions without their own crime labs. (Lubbock PD is the biggest DPS crime-lab customer, if "customer" is the right word for somebody receiving a freebie.)This blog has argued for some time that the demand for free-as-in-beer crime-lab services would continue to outpace capacity and that charging for services is the only way to reverse the dynamic. So Grits was unfazed by this news (although everyone was surprised by it). It would have caused a temporary disruption because the locals weren't given time to plan, but…
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South Florida Man and New Wife Charged with Sexual Assault of Her Sister
July 29, 2017 Dale Leary, of Cutler Bay had been married to his now ex-wife Claudia for more than 10 years when the couple decided to take in a high school exchange student from Spain. They employed CCI Greenheart, a Chicago-based nonprofit that cleared students to live in the United States from numerous foreign countries. Continue reading →
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M.D.Ala.: Govt’s email SW in identity theft scheme is overbroad; applications need to be limited and resubmitted
The government’s email search applications are overbroad and don’t sufficiently protect the privacy rights of the account holders. The government, however, can limit the applications and submit them again. In the Matter of the Search of Information Associated with Fifteen … Continue reading →
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