I just received a phone call from a client who was arrested last night for a DUI and was asking me questions about the paperwork that the police gave her when she left the police station. More importantly, she wanted to know what a Statutory Summary Suspension means and how this will affect her ability to drive. Because I’ve been handling DUI’s throughout Cook County, DuPage County and Kane County for 25 years, it’s easy to forget how confusing the whole DUI process can be for someone who does not handle cases like this every day. So, I want to take this opportunity to explain the Statutory Summary Suspension process so you can understanding what is happening, and what will happen in the coming months with your driver’s license. In Illinois, it is against the law to operate a motor vehicle upon the public roads while you are under the influence of alcohol or drugs. If you are found guilty of Driving Under the Influence (DUI), you could…
Arrested for a DUI. Warnings to Motorist and Notice of Statutory Summary Suspension. What Does This Mean?
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Probable Cause to Believe What? Partial Marijuana Legalization and the Role of State Law in Federal Constitutional Doctrine
I've posted a draft of the my above-titled article (forthcoming, Criminal Law Bulletin) on SSRN. Here's the abstract: When simple possession of marijuana was invariably illegal under state law, a dog alert or a police officer’s own perception of the...
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Short Take: How To Antifa Right
He’s a visiting prof at Dartmouth at the moment, but he’s no kid.* That explains the remarkable similarity in appearance between Mark Bray’s “The Antifa Handbook” and Wobbly pamphlets of yore. The guy knows history. Antifa: The Anti-Fascist Handbook Paperback – August 14, 2017 Only $13.95 on Amazon (in paperback, natch). Customers who bought this book also bought black pants, shirts and masks. The reviews aren’t entirely flattering, however. All this explains is how to tie a towel around your head and to be offended by everything. It did have a great chapter in how to fight a trump supporter with bong water and food stamps. Then again, there’s a good chance this isn’t a legit review, which explains the comments to it: I was on the fence about buying this book, but the racist idiot’s review (whose comment should be removed) motivated me to buy this book and use EVERY tool to fight people like him. Whether this…
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Total Eclipse of the Sun Today
NASA's eclipse site is here. The eclipse in Denver will begin at 10:23 a.m. and finish at 1:14 p.m. Colorado is only getting a 75% partial view. Wyoming, Nebraska and Kansas are among the states that will experience the totality. Wyoming,... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Reviewing recent chapters of the long-running US "war on drugs"
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Hockey Bus from Georgia Wrecks on Exit Ramp
Bus crashes are often serious. They can involve multiple injuries and even deaths. Recently, a hockey team from Georgia feared the worst when their bus wrecked on an exit ramp. The bus carrying the Columbus Cottonmouths flipped on an exit ramp in Illinois on the way to a game in Peoria earlier in the year. The rollover accident occurred in Morton, Illinois. More than 20 players were treated for injuries. The charter bus was carrying the Cottonmouths of the Southern Professional Hockey League to a game to play the Peoria Rivermen. Fortunately, no serious injuries were reported. The team issued a statement saying: “All players have been accounted for and have been transported to a local hospital to determine the extent of the injuries. We can confirm that there seem to be no life-threatening injuries to players, staff or personnel.” Columbus Cottonmouths Coach and General Manager Jerome Bechard later gave an interview to the Ledger-Inquirer. hockey bus from…
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NACDL and FAMM launch "State Clemency Project"
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California Engagement Ring Laws
Getting engaged is a special and exciting time in a person’s life. Heightened emotions, secret plans and usually a diamond ring are involved. Unfortunately, engagements don’t always lead to marriage and the question of who gets to keep the engagement ring can quickly become a point of contention. California law provides different results under different circumstances and it’s important for couples to be aware of all possible outcomes if their engagement does not materialize into a marriage. The divorce and family law attorneys at Bamieh & Erickson, PLC have the experience and knowledge it takes to answer all of your questions about California engagement ring laws. Whether you have ended your engagement or have questions following your divorce, our skilled advocates can provide guidance and effective representation. For a free and completely confidential consultation regarding engagement ring laws, divorce proceedings or related matters, call (805)…
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DUI Crackdown In Effect Through Labor Day In Minnesota
If you’re going to be doing a lot of driving over the next two weeks, odds are you’ll notice a few more police cars on the highways and in areas of high traffic. That’s because Minnesota police are conducting a crackdown on drunk driving through the Labor Day holiday weekend. Most Dangerous Travel Weekend Police are hoping that their announced presence will help people make smart decisions when it comes to drinking and driving. The Labor Day holiday weekend is one of the most dangerous extended weekends on the road because millions of people are traveling and the warm conditions means they are traveling at high speeds. When you add alcohol to the mix, it can quickly become a deadly situation. In fact, Labor Day weekend is the busiest time of the year for Minnesota police in terms of catching drunk drivers. According to the DWI arrest data from 2012 to 2016, there are more DWI arrests per hour on Labor Day weekend than any other holiday weekend. Check out the…
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Bye Bye Billman. Bye Bye Bollin. Fourth Circuit Rejoins Legal Civilization and Prohibits Pretrial Restraint of Substitute Assets.
In an en banc decision in United States v. Chamberlain, issued on Friday, the Fourth Circuit overruled United States v. Billman and United States v. Bollin, holding that 21 USC 853(e) does not authorize pre-conviction seizure of untainted substitute assets:...
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Lack of probable cause and overbroad search warrant; “Good-Faith Exception” and theory of abandonment rejected–Police lacked probable cause to seek and obtain overbroad warrant to search cell phone located in home: United States v. Ezra Griffith, _ F.3d _ (D.C. Circuit, No. 13-3061, Aug. 18, 2017).
Almost everybody owns a cell phone nowadays. But does that give the police license to obtain a warrant to search for and rummage through your home because they think you might own one and it might contain relevant evidence? In United States v. Griffith, a split panel of the D.C. Circuit undertook a thorough canvass of Fourth Amendment law and said they can’t do that, at least if the case doesn’t involve narcotics trafficking. The panel majority found error in the District Court’s denying a motion to suppress and vacated a jury conviction for unlawful possession of a firearm by a convicted felon. In so doing, the majority explored numerous legal doctrines which occur frequently in Fourth Amendment decisions. The 28-page majority decision (Srinivasan & Pillard, JJ) noted that the underlying warrant authorized the officers to search for and seize all cell phones and other electronic devices in Griffith’s residence. The supporting affidavit offered…
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Medical Cannabis Physicians: A New Target for State Regulations
While there is little question that medical cannabis in Michigan circa 2017 is what Prohibition was in the mid 1930’s, a key to cannabis facilitation is the physician. Lately, the medical professional has become a target for both state and federal prosecution as they are viewed the gateway to helping people obtain their medical marijuana cards. In an article published by the Detroit Free Press on November 3, 2016 it was stated that one doctor approved nearly 12,000 patients for medical marijuana in Michigan. This was the beginning of an array of national scrutiny for doctors across the state with many that have gone into hiding. If medical cannabis is legal in the state of Michigan, why are medical professions fearing for their license? We have a chance to sit down and speak to legal professionals that have garnered attention as the top in the criminal industry to discuss the issue at length. What they have to say provides a combination of both legal expertise and common…
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Understanding burden of proof
Those who have been charged with crimes in Fort Mitchell could be in for a harrowing experience if and when their cases go to trial. Their fears may be founded in the presumption that if one is arrested and charged with a crime, he or she most likely did what authorities are accusing him or her of. Most people have likely heard the term "innocent until proven guilty," yet few may understand what it truly means in a legal context. Its application is related to the concept of burden of proof. Burden of proof describes the responsibility one side in a dispute has of proving a point. For example, some may believe that all that a prosecuting attorney must do is make the jury hearing a criminal case believe that a defendant may have committed a crime based off evidential elements. Information shared by the Cornell Law School defines such scenarios as a "preponderance of evidence." In civil cases, one side need only meet this mark in order secure a favorable…
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2 Vehicle Injury Crash South of Nampa
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: 8/21/2017 1:10 p.m. Please direct questions to the District Office On August 21, 2017, at approximately 6:20 a.m., the Idaho State Police investigated a two-vehicle, injury, crash on State Highway 45 at Bowmont Road, south of Nampa. Michael Mumford, 18, of Malo, Washington, was driving eastbound on Bowmont Road in a 2006 Dodge Dakota. Franklin Kennedy, 53, of Melba, was driving northbound on SH-45 in a 2003 Ford F-350 pickup. Mumford failed to yield at a stop sign and struck Kennedy's pickup, causing it to roll. Kennedy was wearing his seatbelt and was transported via ground ambulance to St. Alphonsus Medical Plaza in Nampa. Mumford was not wearing his seatbelt and…
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Tiger Woods had THC, Pain Medication in His System During Memorial Day Arrest
New toxicology reports released show Tiger Woods had pain, anxiety and sleep medications in his system as well as THC when he was arrested on Memorial Day in Palm Beach County, according to the Palm Beach County Sheriff’s Office. Woods told law enforcement at the time of his arrest that he was taking the painkiller Vicodin after a recent back surgery and also had a prescription for Xanax. He was found asleep on the side of a road in his 2015 Mercedes-Benz with damage to the front and rear driver’s side tires. Last week Woods entered a DUI first-offender program. His arraignment is set for Oct. 25. Driving under the influence of marijuana is an issue that is raising concerns throughout the country, including Florida. Detecting marijuana in the system is much different than the procedures for alcohol testing. You can read more about that here. Detecting marijuana involves blood or urine testing to discover if THC, the ingredient that purportedly contains psychoactive…
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Road Improvements Slated to Help Prevent Bicycle Accidents in San Jose
Biking is a healthy, cost effective, and environmentally sound way to get to and from work. Yet residents in San Jose and throughout Santa Clara County have been reluctant to embrace biking in large numbers. Part of what prevents many from choosing two wheels for their commute is the potential for bicycle accidents and injuries to occur. Current traffic and road conditions throughout the city make this a realistic concern; however, efforts are underway to address and improve the situation. Bike Accidents in San Jose Bicycle accidents in San Jose are unfortunately common—the latest of which involved a 26-year-old cyclist who was hit by a VTA train. SFGate reports that the accident occurred at approximately 4:30 p.m. on July 31, 2017, as the cyclist was riding through the intersection of Race Street and Parkmoor Avenue. The cyclist was struck by a light rail transit train on the Winchester-Mountain View lane, and died as the result of his injuries. …
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News Scan
ICE to Sweep Jails for Illegals: The federal Immigration and Customs Enforcement (ICE) agency is developing a plan which involves working with county sheriffs across the country to identify illegals in local jails and transfer them to federal detention for deportation. Caitlin Dickerson of the New York Times reports that the effort could lead to far more illegals being deported. According to the Times, illegal immigration arrests have already increased by 40% since last year. While a handful of sanctuary cities are refusing to honor ICE detainers on ideological grounds, many county sheriffs, who operate 85% of the nation's jails, seem ready to cooperate. Immigrant rights groups including the ACLU insist that such federal/state cooperation on illegal immigration is illegal. 63 Shot in Chicago Last Weekend: Last weekend was the second highest for shootings in Chicago this year. Elyssa Cherney and Elvia Malagon of the Chicago…
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Understanding Sentencing Enhancements in New Jersey DWI Cases
In New Jersey, as in any other state, judges can impose a variety of sentences on an individual convicted of driving while intoxicated (DWI). While we try our best to get a DWI charge dropped, people are sometimes convicted, and we must then shift our focus to the sentencing phase. There are certain factors that can significantly increase DWI penalties, which is why it is vital to have a seasoned New Jersey DWI attorney on your side. Our firm can help you understand the different penalties associated with aggravated DWIs as well as your legal rights and options. Under New Jersey law, a person is deemed to be driving under the influence of alcohol if they get behind the wheel with a blood alcohol concentration (BAC) of 0.08 percent or higher. The zero tolerance BAC limit for drivers under the age of 21 is 0.02 percent. For commercial drivers, the BAC level must not exceed 0.04 percent. It is important to note that any type of impaired driving, whether it is because of alcohol or…
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Sheriff’s Office Mistakes Could Affect Over 100 Convictions
It’s terrifying to think that the nation’s most elite federal law enforcement agency could be so wrong on so many cases over such a staggeringly long period of time Just a few years ago, the FBI admitted that serious flaws in investigatory practices used by its forensics unit led to nearly every examiner giving inaccurate testimony in almost every single trial over a 20-year span. According to the Washington Post, “…[O]verstated forensic matches…favored prosecutors in more than 95 percent of the 268 trials…” It’s terrifying to think that the nation’s most elite federal law enforcement agency could be so wrong on so many cases over such a staggeringly long period of time. Now, the same type of situation is occurring in Central Florida. Media reports state that over 100 defendants could have their convictions reviewed due to flawed fingerprinting techniques conducted at an Orange County Sheriff’s Office. Even more…
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Harmon on Legal Remedies for Police Misconduct
Rachel Harmon (University of Virginia School of Law) has posted Legal Remedies for Police Misconduct (in Academy for Justice, a Report on Scholarship and Criminal Justice Reform (Erik Luna ed., 2017) (Forthcoming)) on SSRN. Here is the abstract: Federal courts...
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