Defendant was charged in Washington state court with child pornography after he was arrested in a prostitution sting and police obtained access to his cell phone by getting his password. The state court suppressed the search of the cell phone, … Continue reading →
N.-M. Ct.Crim.App.: Trial judge’s findings on deterrence for exclusion lacking, so remanded
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WGRZ: Cuomo orders state review of ‘textalyzer’
WGRZ: Cuomo orders state review of ‘textalyzer’ by Jeff Prevail: BUFFALO, NY – It’s a device that has got a lot of you talking on social media — it’s called the Textalyzer. The device allows police in event of a … Continue reading →
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CA9: Entry into glove box to get registration unreasonable where it’s all on police computers already and VIN on dash
Police officer’s entry into defendant’s glove compartment for registration was unreasonable where the VIN is visible on the dashboard (see New York v. Class) and could be run on the patrol car’s computer to retrieve the same information. It may … Continue reading →
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Case o' The Week: Frustrated with the Whole Endeavor - Martinez-Lopez and Indivisible vs. Divisible Statutes
“Concurring in part and dissenting in part, but frustrated with the whole endeavor.” Judge Bybee’s candid assessment is a good preview for the Ninth’s latest foray into Taylor categorical / modified categorical sentencing. United States v. Martinez-Lopez, 2017 WL 3203552 (9thCir. July 28, 2017) (en banc) decision available here.Earl Warren Building, home of the California Supreme Court, San Francisco, CaliforniaPlayers: Decision by Judge Tallman, joined by Judges Kozinski, O’Scannlain, McKeown, Clifton, Bybee, Callahan and Bea. Judge Berzon, CJ Thomas, and Judge Reinhardt concurring in part. Partial concurrence and partial dissent by Judge Bybee. Judges Reinhardt and CJ Thomas dissenting in part. Hard fought appeal by CD Cal Deputy Public Defenders David Menninger and Matthew Larsen, with Defender amicus by Assistant Federal Defenders Vincent Brunkow and Kara Hartzler, Federal Defenders of San Diego,…
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New Restrictions on Citizen-Initiated Criminal Process
A colleague stopped into my office the other day to ask “did the General Assembly get rid of citizen-initiated warrants?” No, but it did make some significant changes to the procedure. Background. As discussed in this prior post, North Carolina law allows judicial officials to issue criminal process — such as a criminal summons or a warrant for arrest — based on testimony from people who are not law enforcement officers. Our state isn’t completely unique in that regard, but we do seem to give citizens more power to start up the machinery of the criminal justice system than most states do. Allowing citizens to initiate criminal charges has good aspects, such as increasing access to the courts and reducing the burden on law enforcement, and bad aspects, such as the potential for abuse of the criminal process. Legislative change. This session, the General Assembly passed S.L. 2017-176, one section of which amends G.S. 15A-304(b) — the arrest…
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The Right to a ‘Speedy Trial’ and the Role it Plays in Your Maryland Criminal Case
In your Maryland criminal trial, there may be multiple different options and tools available to you under the law to enhance your defense. Knowing what all of these are, and how to use them, is one area where the assistance of skilled Maryland criminal defense counsel can be invaluable. In a recent case involving a double-rape charge, the defendant got his conviction overturned because he advanced both state and federal speedy trial arguments, and, while the delay in his case didn’t violate the Sixth Amendment to the Federal Constitution, the Court of Special Appeals determined that it did violate the state law deadline for speedy trials. The case involved a man accused of raping two teens in January 1982. The state indicted the man on Feb. 19, 1982. The defendant and his lawyer made their first appearance in court on April 19, 1982. The defendant made a proper motion for a speedy trial in May. The rules for a speedy trial require that the state try a defendant within 180…
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A Safety Checklist for Your Summer Road Trip
Drivers in the United States often take long summer road trips. It’s not unusual for families from the north east to travel all the way to Florida. By the time they pass through Georgia, drivers are often tired and kids are fractious. It can be a recipe for car wrecks. You can’t ever eliminate the danger of becoming a statistic but you can take some precautions to safeguard yourself and your family. Make a safety checklist for your summer road trip and implement it. Follow a check list for your summer road trip Here are some items that should be on your summer road trip checklist. 1 Check Your Tires Wrecks caused by blow outs can be very serious and sometimes fatal. You should always check your tires before embarking on a long road trip. Make sure there is plenty of tread on your tires. They should also be inflated in line with the manufacturer’s air pressure recommendation on the tire. You should also check the spare too. There’s nothing worse than…
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AP series looks deeply at a "patchwork of justice" for juve lifers after Graham and Miller
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VENEZUELA :¿QUE ALTERNATIVAS TENÍA ?
Las personas que piensan, debo insistir TERCAMENTE en esta facultad que debería reinar en todo ser humano, apelando a ella les recordaré a mis compatriotas lo siguiente: 1.- Antes de la convocatoria a la Asamblea Constituyente, respetando el mandato de la Carta Política venezolana, la oposición, demandaba ELECCIONES GENERALES pues estaban seguros que la voluntad popular demostraría el descontento con el gobierno del Presidente llanero. 2.- Señalé entonces que, sería irresponsable, dada la convulsión social que se vivía y aun se vive, convocar elecciones generales podría tal decisión ser la antesala a la “guerra civil”. 3.- Todas las marchas de la oposición hasta entonces (reclamo de elecciones generales) habían generado no menos de sesenta muertos la mayoría jóvenes con máscaras anti - gas, escudos protectores y armados con artefactos…
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Reduce public-safety costs by diverting non-emergency 911 calls
CityLab has a story about a topic that's been on my mind lately, though I hadn't written anything yet: How to reduce 911 volume by weeding out non-emergency calls. Mostly on Grits we've discussed this in terms of time wasted on false alarms from private burglar alarm companies, which make up 10-12% of 911 calls and almost never result in arrests, even in the less than 1% of cases in which a burglary actually occurred. But there are other means, like diverting non-emergency medical situations from the emergency room, as discussed in the CityLab article. One might also suggest diversion programs for calls related to the mentally ill - right now we use the same tactics and personnel to respond whether the emergency involves a criminal or a patient.911 is treated by the public as a one-size-fits-all solution to a multi-variate array of life problems. Whittling back its use would decrease demand for patrol services without harming public safety and relieve pressure on…
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"The Republican Party, Conservatives, and the Future of Capital Punishment"
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Another JFK Airport Firearm Case Dismissed: Military Vet’s Arrest for Checking Pistol at Airport Gets ACD’d
Despite having top training and experience in what is the most stressful of life situations and the respect of his friends, neighbors and nation as a veteran of the armed forces, nothing prepared a recent Crotty Saland PC client for the overwhelming fear and concern that resulted from an arrest at New York’s JFK Airport after he tried to check a lawfully owned firearm. Yes, our client followed the TSA’s guidelines prior to arriving at the airport to fly to Colorado where a new job awaited the following morning. Yes, our client made sure the firearm was stored away in a hard sided and locked cases consistent with the airline’s regulations. No, he was not remotely prepared for what would happen next. A criminal and violent person our client was not, but instead a regular person, no different than you or me, exercising what he believed was his Second Amendment rights to possess a firearm licensed in another state. Unfortunately, despite his far from nefarious…
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The No Contest Plea, Probation and Routine Searches of Computers and Other Devices
This post examines a recent opinion from the Court of Appeals – Sixth District, California: People v. Ermin, 2017 WL 2929356 (2017). The court begins the opinion by explaining thatDefendant Vladimir Ermin pleaded no contest to being an accessory. (Penal Code, § 32.) He was placed on probationfor three years with conditions that included the following: `Your computer and all other electronic devices, including but not limited to cellular telephones, laptops, computers, or notepads, shall be subject to forensic analysis search for information reasonably related to criminal activity.’ Defendant was also required to `consent to and provide all passwords necessary to access and search said electronic devices to Probation and law enforcement.’On appeal, defendant challenges the electronic devices search condition, claiming it is unconstitutionally overbroad, unconstitutionally vague, and invalid under People v. Lent (1975) 15…
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Handcuffed Female DWI Suspect Flees in Trooper’s Car
Madison County, Texas A woman who was arrested for DWI in Madison County, Texas managed to elude police after the arrest. The woman was involved in a wreck on Old San Antonio road which runs from Midway along the Leon County border toward Brazos County along the northern Madison County Line. The woman was taken into custody and handcuffed. However, according to the Texas Department of Public Safety, the woman was able to move her handcuffs from her back to her front and then jump into the DPS Trooper’s patrol car to flee the scene. Luckily, a Madison County Sheriff’s Office deputy was on scene investigating the car crash. The DPS Trooper jumped into the sheriff’s vehicle and chased the woman down Old San Antonio Road. It appears the trooper fired at his own vehicle and was able to successfully disable the patrol vehicle. Bridget Cast, 31 of Longview, Texas was arrested on charges of evading arrest, unauthorized use of a…
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THE KOBAYASHI MARU
DUI BRADY-MARIJUANA: There's a good letter on the JAAB broward blog from a Broward toxicologist about the presence of marijuana in urine in a DUI case. Toxicologists cannot determine the date of use, much less when -if ever- an individual was under the influence of marijuana based solely on the presence of a THC metabolite. It's interesting to note that the toxicologist, a prosecution witness, sent an email to the defense attorney only, because he couldn't locate who the ASA was. Gotta love Broweird. DOM highlights Chief Judge Carne's opinion and epic put down of the argument of appellant Little: "Little's logic lacks luster." Ouch, but such is the life of appellate lawyers who attack child-porn convictions. Fight the power. KOBAYASHI MARU SCENARIOYou gotta love guys who, if they're losing, change the rules. As a Starfleet cadet, James T. Kirk became the only cadet to beat the Kobayashi Maru scenario by…
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Texas Offers a ‘Second Chance” to First-Time DWI Offenders
Texas is not known for being lenient on people charged with driving while intoxicated (DWI). Even first time offenders are often hit with heavy sentences not to mention ongoing payments under the Driver Responsibility Program. A new ‘second chance’ law for DWI offenders is a welcome measure that will help offenders get their lives back together, though. The measure was signed by Governor Greg Abbot in June, reported KLTV. It will benefit certain DWI drivers by allowing them to seal their record from public view. The law is aimed at first-time DWI offenders only. If you qualify, you will be able to keep your drunk driving conviction concealed from potential employers or academic institutions. Drivers who are heavily drunk won’t benefit from the ‘second chance’ law even if they are first-time offenders. It applies to offenders who recorded a blood alcohol content below 0.15. Another important caveat is you will not be able to get your record…
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Can a DUI Charge Get Dropped in Utah?
Getting charges dropped or dismissed is one of the primary goals for any criminal defense attorney. The same is true for DUI defense lawyers. A DUI charge is a criminal offense in Utah – one that Utah is taking more and more seriously. If you were charged with DUI in Salt Lake City or any of the surrounding areas, talk to a Salt Lake City DUI defense attorney about your case. Darwin Overson of Overson and Sheen fights to prove your innocence and get your DUI charges dropped. Getting DUI Charges Dropped in Salt Lake City Understanding what it means to have charges “dropped” as opposed to “dismissed” is very important if you are facing criminal charges. When you go to court, the prosecutor has a lot of flexibility to decide whether your charges will continue, and what crimes should be added or removed from your list of charges. This is called “prosecutorial discretion,” and is an important part of our criminal justice system in Utah and…
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Can You Be Fired for Your Sexual Orientation?
California's Fair Employment and Housing Act (FEHA) protects workers from job discrimination based on their sexual orientation, gender identity, or gender expression. This means that even in cases where an LGBTQ employee is allegedly fired for nondiscriminatory reasons, if there is evidence that a “discriminatory motive” influenced the termination, the employer may still be liable for damages. Discriminatory motives are not always obvious. For instance, an employer is unlikely to come out and say, “We're firing you because you are gay.” In many cases, the discrimination takes the form of gender stereotyping—i.e., disfavoring an employee who acts “too gay” or does not conform to certain behavioral expectations. While this can be more difficult to prove in court, it is nonetheless a valid basis for a discrimination claim. “Gender Stereotyping” May Support Discrimination Claim Recently, a state appeals court…
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Fan on Missing Body Camera Video
Mary D. Fan (University of Washington - School of Law) has posted Missing Body Camera Videos: Evidentiary Fairness Beyond Blame (Forthcoming, Ga. L. Rev., Vol. 52, No. 1, 2017) on SSRN. Here is the abstract: Responding to calls for accountability,...
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Crash on US30 Blocking Traffic
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: 07/31/2017 9:23 a.m. Please direct questions to the District Office Idaho State Police is currently investigating a crash eastbound on US30 near milepost 243, west of Burley. Only one lane is open at this time, motorists can expect delays. 3643/3632 -------------
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