Noting pendency of Carpenter, the Tenth Circuit finds CSLI third-party records and they are bound to apply the third-party doctrine. United States v. Thompson, 2017 U.S. App. LEXIS 14551 (10th Cir. Aug. 8, 2017). Defendant had a warrantless search condition … Continue reading →
CA10: CSLI is third-party information
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Trump team lawyer doesn’t understand search warrant process
Trump team lawyer doesn’t understand search warrant process, from Trump lawyer John Dowd: Robert Mueller’s team using tactics employed ‘in Russia not America’ by Anna Giaritelli in the Washington Examiner: “These failures by special counsel to exhaust less intrusive methods … Continue reading →
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The Euphemism Of The “Uncomfortable” Truth
There have been a few posts written about Asians being the “wedge” in the Affirmative Action question. Some have simply denied it, hiding behind empty rhetoric to avoid admitting there is a problem. Jeannie Suk Gerson faced it head on. The Harvard lawsuit does raise uncomfortable questions, especially in a time when it is also becoming less comfortable to be an immigrant. Is an admissions process that disadvantages a minority group benign, or even desirable, if that minority group is demographically overrepresented in higher education? Should colleges pursue their interest in a diverse class by limiting admissions of a minority group whose numbers may otherwise overwhelm the class? Asians are a minority in the overall population. Asians are overrepresented in the pool of qualified applicants for the best schools in America. That’s a very awkward place to be. Hence, the title of her article: The Uncomfortable Truth About Affirmative Action and Asian-Americans …
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CA11: Def stated enough to get a hearing on a 4A IAC claim in his 2255 action
Defendant raised a colorable claim of a Fourth Amendment violation and ineffective assistance in not pursuing it. Therefore, the district court erred in just assuming defendant would lose on any motion to suppress without a hearing. Reversed. Spriggs v. United … Continue reading →
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El Comercio - Editorial de 12-08-2017
El siguiente es uno de los párrafos del Editorial del Decano de la Prensa Nacional: "Según funcionarios del ministerio, bajo el nuevo reglamento conocidas marcas de chocolate, como Sublime, perderían el derecho a esa denominación por no tener suficiente porcentaje de cacao. Al respecto, el director general agrícola del Minagri, Ángel Manero, señaló –con gran desenvoltura– que “en el Perú tenemos los chocolates más finos del mundo, y por lo tanto merecemos consumir un chocolate verdadero”, como si los chocolates con alto porcentaje de fino cacao peruano no costasen varias veces lo que cuestan las marcas más populares, y como si la prioridad del Minagri fuera corregir y guiar a los “desinformados” consumidores de los chocolates con menos de 35% de cacao. Bajo un extraviado enfoque de defensa del consumidor (uno en el que el Estado decide lo…
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LA VIUDA NEGRA
LA VIUDA NEGRA Existe una joven narradora, madre, guapa y sobre todo inteligente que ha impuesto –es mi apreciación- el sello de su personalidad en el noticiero que conduce en una televisora de “señal abierta”, pues no se limita a leer noticias –papeles de por medio- gesticula, se enoja, opina, es decir ¡piensa! facultad de la que carecen muchos peruanos. Si algo se le puede reprochar es la estampida de palabras que fluyen de su boca cada vez que habla, pareciera que es perseguida por un tropel de informantes ansiosos de dar primero y opinar después (siempre que estén calificados para ello) sobre lo que ella está por decir. Ayer se presentó vestida de negro –por ello el título de esta entrada- odia a Maduro, no lo soporta, no lo puede ver, las marchas en Venezuela son legítimas, las que se producen en el Perú no, en este punto no estoy…
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My Son is Being Falsely Accused of Rape / Sex Assault in Connecticut. How to Save His Reputation.
Very few things can be more devastating as a parent than having your son be wrongfully, and publicly, accused of rape. I’ve defended Greenwich Connecticut rape investigations for over 15 years and even if your son is cleared, the stigma from the investigation can be life-changing if it’s not handled properly. And I’m just talking about accusations, not even arrests. Some of the best Greenwich Connecticut criminal lawyers are seeing a surge of rape accusation cases among hard-partying millennials, where accusations and insinuations of rape, sex assault, or aggressive sexual behavior, are being published online—often anonymously—and specifically on social media. As a result, reputations of Greenwich, Darien and Stamford teenagers and college students are being permanently tarnished without any accountability for the accusers. So if your son is being accused of rape or sex assault in Greenwich, keep…
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Interesting and consequential Florida Supreme Court decision on retroactivity of Hurst
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"Trump Wants to Get Tough on Crime. Victims Don’t Agree."
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Cato: To Apply the Fourth Amendment in the Digital Age, Go Back to Its Text
Cato: To Apply the Fourth Amendment in the Digital Age, Go Back to Its Text by Ilya Shapiro re Cato’s Carpenter amicus brief: In cases involving familiar physical objects, they usually do. In harder cases dealing with unfamiliar items such … Continue reading →
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The President and Police Use of Excessive Force
Last month when speaking before a law enforcement group in New York, President Trump suggested that police engage in a more physical, brutal approach when making an arrest. It was a call for “police brutality”—an indiscriminate use of excessive force. Police departments across the country have since denounced the president’s statements saying it sends the wrong message, especially after they have spent decades trying to mend relations with the communities they serve. But what happens when the police engage in the kind of arrest behavior suggested by the president—who, incidentally, understands little, if anything, about effective law enforcement or criminal justice policy? Police Brutality Documented A recent decision by the Eighth Circuit Court of Appeals answers this question. On December 10, 2010, Kansas City police officers Shawn Todd and David Epperson responded to a dispatch call about two men kicking in a door of…
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"Legalizing Pot Is a Bad Way to Promote Racial Equality"
The title of this post is the headline of this recent Wall Street Journal commentary authored by Jason Riley in response to Senator Cory Booker's new federal marijuana reform bill. Here are excerpts: Cory Booker, New Jersey’s ambitious junior senator, has gone to pot. Last week the Democrat introduced a...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/wXT1pPTx7b4" height="1" width="1" alt=""/>
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ABAJ: Traveling out of the country? Lawyers should consider using ‘burner’ devices
ABAJ: Traveling out of the country? Lawyers should consider using ‘burner’ devices by Debra Cassens Weiss: Lawyers who travel out of the United States have to consider whether they are risking disclosure of confidential client information. Lawyers should take precautions … Continue reading →
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Questions for Your Doctor After Your Car or Truck Accident
You’ve been involved in a car, truck, motorcycle, or 18-wheeler accident in Montgomery County or one of the surrounding areas. Now what? Clearly, your long-term prognosis should take a priority. It’s the only body you’ve got. Fix it right. If you were injured, you may have received some form of evaluation and treatment at the scene of the vehicle crash, probably at the hospital emergency room, and maybe by your personal physician. If you didn’t receive treatment you should be seen immediately by your personal physician to get a checkup. You are protecting your own health and safety. If you have a personal injury claim that pops up later, you preserve your claim and seek reimbursement from the driver at fault. As a treating physician for many years, I understand that doctors are busy. As a personal injury attorney, I want you to communicate with your doctor. Sometimes, your doctor may overlook…
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New Essential: Dutch Uncles
Stereolab on 'roids.But, oh the melody.I could listen to it all day, and I actually did,Dancing in my room.So happy.
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Top-Ten Recent SSRN Downloads in Criminal Law eJournal
are here. The usual disclaimers apply. Rank Paper Downloads 1. Democratizing Criminal Justice Through Contestation and Resistance Jocelyn Simonson Brooklyn Law School Date Posted: 09 Jun 2017 116 2. Should Domestic Violence Be Decriminalized? Leigh Goodmark University of Maryland Francis...
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Drunk Driving on an ATV
A little over a week ago, two drivers were arrested for driving their all-terrain vehicles while under the influence of alcohol. George Mooshian, 47, and Randy Hoisington, 55, both of Newport, New Hampshire were driving their ATV’s while under the influence of alcohol when Mooshian drove his ATV off of the trail and into a tree. Hoisington, who was following behind Mooshian, attempted to avoid colliding into Hoisington and rolled his ATV. Both ATV operators were flown to the hospital for serious injuries. Fish and Game officials responded to the incident and determined that speed and alcohol were contributing factors in both collisions. Also, neither driver was wearing a helmet at the time of the collisions. Mooshian and Hoisington were arrested on suspicion of operating a OHRV (off-highway recreational vehicle), which is another name for an all-terrain vehicle. Although this particular incident happened in another state, someone in California can also be charged with a…
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The Real Roots of Radiohead
Just read an article stating that Radiohead's roots were a mixture of the Beatles, Stones, Kinks, and the Who.How wrong, how wrong.No, Radiohead's roots were much more underground. Much smaller in scale than any of those bands mentioned above.No, these were their roots:
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Search warrants are the police tool for finding contraband in homes
HOMES ARE NEVER IMMUNE FROM POLICE SEARCHES One may consider his or her house to be her castle, but police often use search warrants and alleged exigent circumstances to disturb our privacy and serenity in that castle. One such approach is for police to get an excuse to enter a home (for instance claiming to have smelled marijuana in the home after the owner opens the door, or even without anyone’s opening the door), conduct a so-called protective sweep to assure that nobody else is present in the home to be able to disturb any evidence nor harm the police, observe incriminating objects during the protective sweep, and reference those incriminating objects in their application for a search warrant. Latron Dupree Brown’s plight is the Virginia appellate courts’ latest consideration of protective sweeps and home search warrants. After observing Brown’s drug dealing for three months, police arrested him, conducted a protective sweep of Brown’s…
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Massachusetts Pot Law Finally Enacted: The Details
By now most people are aware that Gov. Charlie Baker recently signed the House-Senate Conference Committee bill on the new pot law, which hammered out differences the two chambers wanted to make in the ballot law that voters passed last November, legalizing recreational use of cannabis in Massachusetts for persons age 21 and older. Here are the details on the provisions of the new law: Limits on homegrown and personal possession of marijuana : Anyone over 21 years of age can possess 10 ounces of cannabis inside their primary residence, and a maximum of up to 12 marijuana plants in the home. Outside the home, the possession limit is 1 ounce, or not more than 5 grams of marijuana concentrate. A person can also gift up to 1 ounce to another person. For persons under 21, it is also now no longer a crime for them to grow cannabis in their home. If they are found to do so by police (a situation rather hard to envision,) they will face a civil offense if…
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