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How to Dismiss a Drug Paraphernalia Conviction

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When I was in middle school, my friends and I had some important debates.  Middle school is that age when you’re note quite ready to talk about girls or cars, so our discussions centered around BMX bikes, video games, and Bruce Lee.  We loved Bruce Lee almost as much as we loved Star Wars.  The debates were simple, and  started something like this: “I wonder if Bruce Lee could kill someone with a piece of paper.  I bet he could take you out with a paper clip.”  We were in such awe of Lee, that we assumed just about any household item would qualify as a deadly weapon in the hands of this master of martial artist. By the same reasoning, there are drug addicts out there that could take these same household items and transform them into smoking devices.  You haven’t seen creativity until you’ve witnessed an addict scramble to find something to smoke with. In my work, we call these smoking utensils “drug…

Any Major Dude Will Tell You

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Walter Becker was a major dude.Heaven, please stop kidnaping my heroes."When one shoots for the stars, he doesn't stop at the moon."RIP Walter.

Final Update: Crash on I84 Near Caldwell

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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: 09/04/17 2:15 am Please direct questions to the District Office ***Final Update*** On Sunday, September 3, 2017, Idaho State Police investigated a single-vehicle injury crash westbound on I84 at mile marker 29, east of Caldwell, ID. Pedro P. Navejar, 58, of Boise, ID, was driving westbound in a 1993 Toyota 4Runner towing a trailer loaded with a 1995 Chrysler Town and Country Van. Navejar drove off the roadway, overcorrected, and rolled the 4Runner. Navejar was not wearing his seatbelt and was ejected from the vehicle. Navejar was transported by ground ambulance to St. Alphonsus Regional Medical Center in Boise, Idaho. The westbound lanes of I84 were blocked for…

FBI “No Knock” Raid of President Trump’s Former Campaign Chairman Implies Federal Criminal Investigation is Underway

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Recently, we learned that the FBI conducted an early-morning “no knock” raid on the former campaign chairman of President Trump, Paul Manafort. The FBI went to Manafort’s house and forcibly entered it without notice. This was done as part of the Special Counsel’s investigation of the president’s alleged ties to Russia. So what does it mean when law enforcement executes this type of search warrant? What is a No Knock Warrant? A no-knock warrant is a type of warrant that does not require police to announce their presence before forcibly entering the location of a search. Historically, the common law has required police to knock and announce their presence. This goes back to the 1600’s in England. But in rare situations, judges will allow a no-knock entry. The main requirement for a no-knock warrant is that a judge must believe the target or subject of the search might try to flee or destroy evidence, or pose a danger to police if they knocked…

Personal Narrative and Paternal Stereotypes 

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Holning Lau, Shaping Expectations About Dads as Caregivers: Toward an Ecological Approach, 45 Hofstra L. Rev. 183 (2017). Dara E. Purvis On the first day of my Family Law class, when discussing my goals for the semester, I tell students that even if they do not practice in the area of family law, the class will be helpful for them because of how directly family law impacts everyday life. The impact of other areas of law is typically more attenuated, and of the legal fields that also operate directly upon individuals—tax and criminal law come to mind—family law is the topic that is both omnipresent and often joyfully applicable, as when a couple marries. Beyond the direct interventions in our relationships, however, family law sends implicit messages about society’s expectations for familial relationships. These messages can be difficult to uncover and even more complex to address. Holning Lau’s article Shaping Expectations About Dads as…

Immigration in Bastrop is a Concern with Residents

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Immigration in Bastrop is a concern amid clampdowns across Texas by Immigration and Customs Enforcement agents, a recent town hall meeting heard. The town hall in February heard concerns that the roundups that are targeting undocumented immigrants with criminal records could impact Bastrop as a community.  The fears of residents at a town hall meeting earlier this year were reported in The Statesman. U.S. Immigration and Customs Enforcement (USCIS) officers started rounding up unauthorized immigrants in Austin in February. The Washington Post noted how hundreds of undocumented immigrants were picked up in half a dozen states. The raids followed President Trump’s executive order of Jan. 25 to crack down on about 11 million immigrants living illegally in the United States. A federal judge in Texas later appeared to note the raids were aimed at so-called “sanctuary cities,” that provide more protections for undocumented immigrants reported CNN.…

Chicago Always Had A Consent Decree

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In an editorial of breathtaking absurdity, the New York Times blames the otherwise entirely blameworthy Jeff Sessions for police abuse in Chicago. The wrenching shift in the Justice Department’s approach to criminal justice under President Trump is playing out painfully as Chicago tries to rein in a scandalous police culture that tolerated officers routinely abusing and killing residents, particularly African-Americans and Latinos. The Attorney General of Illinois, Lisa Madigan, has sued Chicago for a consent decree, putting aside the meaning of the word “consent.” “In the absence of a committed Justice Department, my office will seek the reforms and support police officers need to implement safe and constitutional police practices,” said Ms. Madigan, a Democrat, who spoke of a “broken trust” between black and Hispanic Chicagoans and their police force. Did Sessions drop the ball by going limp on seeking a consent decree? Of course he…

Maritza Espinoza y sus seguidores

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Deseo compartir con ustedes el siguiente enlace,  es la opinión de la columnista y gracias a la libertad de expresión está en todo derecho de darla a conocer. En lo único que no estoy de acuerdo es señalar que el número de seguidores es una suerte de graduación en las redes sociales o en Facebook, las personas que escribimos bien o mal lo hacemos para expresar una idea, criticar la terrorista desigualdad o para solazarnos con precisiones poco elegantes sobre el quehacer de los ciudadanos o la angustiante realidad que vivimos por culpa de la angurria,  ambición desmedida e inequidad de los amos del Perú, si escribimos ES PARA SER LEIDOS, poco, en lo personal me importa si tengo cuatro (es el número de mis seguidores) o dos mil, una bailarina tiene como cien mil seguidores y la verdad que ello  no dice nada de la persona o tal vez mucho dada su actividad farandulera, una persona dedicada a la…

What to Do if You Get a DWI in Atlantic City while Visiting from Out of State

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If you’re spending a week at the beach or a long weekend in Atlantic City’s casinos, the last thing you might expect is to have a run-in with the law. If you were arrested for drunk or drugged driving while visiting Atlantic City, you may have a long road ahead to challenge the charges. If you were charged with driving while intoxicated (DWI) in Atlantic City, talk to an Atlantic City DWI defense attorney about your case. The defense attorneys at The Law Offices of John J. Zarych fight DWI cases for out of state visitors and New Jersey residents throughout South Jersey. DWI Charge First Steps in Atlantic City Even if you were visiting from out of state when you were arrested for DWI in New Jersey, you could face serious consequences in New Jersey and at home. Regardless of where you’re from, if you were arrested in Atlantic City, you will have to fight the charges in Atlantic City. The process of challenging charges against you will begin as soon as you are…

Who Carries The Pitchforks And Torches At Penn

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Who would have guessed that an op-ed by University of Pennsylvania law professor Amy Wax, with San Diego lawprof Larry Alexander, would have raised such a ruckus by extolling the virtues of traditional American norms? [18] Law professors argue colleagues’ ‘bourgeois’ ideal is racist and classist Guest Column by five Penn Law professors | Notions of ‘bourgeois’ cultural superiority are based on bad history Guest Column by 54 Penn students & alumni | Statement on Amy Wax and Charlottesville Guest Column by 33 Penn Law faculty members | Open letter to the University of Pennsylvania community It’s like a mad rush to get your name on an op-ed or letter demanding the witch be burned before it’s too late. After all, if you don’t sign on to the cries of racist and classist, you must be one, and nobody wants to be one. Not even Penn lawprof Jonathan Klick, whose name appears on the “open letter.” We do not question those…

SC: Looking at cell phone SIM card to get owner information off phone was reasonable

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Defendant left his cell phone behind at the scene of an attempted murder. Police removed the SIM card solely to find the name of the owner, then they obtained a search warrant for the SIM card. The limited use of … Continue reading →

D.Mont.: PO had PC to believe def lived where parole search occurred

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“In addition to having reasonable suspicion to believe that a probationer has violated the conditions of her probation, probation officers must have probable cause to believe that the probationer lives at the residence they seek to search. … [¶] The … Continue reading →

OH2: Strieff attenuation doctrine not applied to an unlawful warrantless entry into a house and then finding a warrant on the defendant

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Strieff attenuation doctrine not applied to an unlawful warrantless entry into a house and then finding a warrant on the defendant. State v. Turpin, 2017-Ohio-7435, 2017 Ohio App. LEXIS 3744, Sept. 1, 2017): [*P17] Although we concur with the trial … Continue reading →

"The Racial Politics of Mass Incarceration"

W.D.N.C.: No IAC for not challenging facially sufficient Costa Rican SW issued at US request

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The government issued letters rogatory to Costa Rica for investigation of a sweepstakes fraud calling the United States from there. Based on the request, the Costa Rican judiciary referred the matter to their department of justice which obtained search warrants. … Continue reading →

CAAF: It violated Miranda to order soldier provide password to unlock properly seized cell phone

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It violated a Mirandized suspect’s Fifth Amendment rights to direct him to enter the passcode into a properly seized cell phone to unlock it for a search. United States v. Mitchell, 2017 CAAF LEXIS 856 (C.A. A.F. Aug. 30, 2017): … Continue reading →

Status Hearing is Held over the Death of University of Texas student Haruka Weiser

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The death of University of Texas student Haruka Weiser in 2016 shocked the University of Texas and the city of Austin. Preparations for the trial of the man accused of the student’s killing were underway this year. Weiser was an 18-year-old student from Oregon. She was found dead in April 2016 with signs of trauma to her body and evidence of sexual assault, according to police. The body was found in Waller Creek near the campus’ Alumni Center. They arrested Meechaiel Criner, a 17-year-old homeless man and charged him with murder. A recent report in the Statesman noted how lawyers on both sides of Criner’s murder case were trying to agree on which questions would be asked of potential jurors prior to the Oct. 2 trial. Hearing is held over death of University of Texas student Jury selection is an important part of the criminal justice process that is often overlooked. Criner’s lawyers pointed out the process started out with a sample questionnaire…

Illinois Lawyers Answering Your Questions

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Isn't it nice when someone has the answers? We do, and you can find answers to your questions on our main website all about Illinois DUI Law and lawyers and more.©2011 Copyright Steven H. Fagan, PC - all rights reserved.

Retail Fraud Arraignment

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In Michigan once a ticket for Retail Fraud (also known as shoplifting or retail theft) is issued, or a criminal charge is filed (or sworn to) at the district court, the first court date is known as the arraignment.  There are several things that occur at an arraignment. First, the Defendant is advised of the charge and potential penalty.  When it comes to Retail Fraud, there are a few potential charges that a Defendant could face: Retail Fraud ordinance violation.    This offense involves an alleged theft, or attempted theft, of merchandise from a store offered for sale while the store is open for business.  The maximum allowable sentence for this offense is 93 days in jail.  Ordinance violations are prosecuted by a city/township/village, or a lawyer/law firm that represents a city/township/village. Continue reading

Horton on Drug War Reform

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Joshua Horton (University of Mississippi, School of Law, Students) has posted Drug War Reform: Criminal Justice, Recovery, and Holistic Community Alternatives (Criminal Law Bulletin Vol. 53, (2018)) on SSRN. Here is the abstract: This article investigates the issues and possible...
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