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: 09/15/2017 8:24 p.m. Please direct questions to the District Office ***** Final Update ***** On Friday, September 15, 2017, at approximately 5:41 p.m., Idaho State Police investigated a four vehicle injury crash on eastbound Interstate 84 at milepost 29, near Franklin Road in Caldwell. Timothy Fisher, 62, of Kuna, was driving eastbound on I84 in a 2007 Toyota Yaris. Fisher swerved onto the left shoulder to avoid slowing traffic in the area. Fisher was rear ended by a 2015 Subaru Outback, driven by Desiree Dowling, 31, of Payette. Dowling also collided with the side of a 2004 Ford Escape, driven by Jered Stockett, 45, of Parma. Fisher collided with the median barrier and…
Final Update: Four vehicle crash eastbound I-84 at milepost 29, in Caldwell
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Final Update: Four vehicle crash eastbound I-84 at milepost 29, in Caldwell
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: 09/15/2017 8:24 p.m. Please direct questions to the District Office ***** Final Update ***** On Friday, September 15, 2017, at approximately 5:41 p.m., Idaho State Police investigated a four vehicle injury crash on eastbound Interstate 84 at milepost 29, near Franklin Road in Caldwell. Timothy Fisher, 62, of Kuna, was driving eastbound on I84 in a 2007 Toyota Yaris. Fisher swerved onto the left shoulder to avoid slowing traffic in the area. Fisher was rear ended by a 2015 Subaru Outback, driven by Desiree Dowling, 31, of Payette. Dowling also collided with the side of a 2004 Ford Escape, driven by Jered Stockett, 45, of Parma. Fisher collided with the median barrier and…
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D.Minn.: To rely on one party’s consent to a phone call being recorded, the govt has to prove it
The extension of the stop here was based on reasonable suspicion from two CIs. The alert of a drug dog with 90% accuracy is probable cause. A recording of CI’s telephone call between him and defendant is suppressed because the … Continue reading →
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Just Security: We Need to Know More About Government Searches of Traveler’s Electronic Devices
Just Security: We Need to Know More About Government Searches of Traveler’s Electronic Devices by Carrie DeCell: Relying on directives from the George W. Bush administration, U.S. border patrol and immigration officers have been subjecting travelers crossing U.S. borders to … Continue reading →
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Fourth Amendment Localism, 93 Ind. L.J. forthcoming
Fourth Amendment Localism, 93 Ind. L.J. forthcoming, Wayne A. Logan (June 2, 2017). Abstract: Despite their many differences, Americans have long been bound by a shared sense of federal constitutional commonality, believing that the U.S. Constitution means the same thing … Continue reading →
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Criminal Charges for Looting After Hurricane Harvey
Just a handful of states have specific laws that address looting The flooding and devastation caused by Hurricane Harvey will affect Houston and greater Texas for years to come. As people slowly begin to return to their homes and rebuild, prosecutors in Harris County and the surrounding areas have already pursued looting charges against 14 people, according to media reports. The Harris County District Attorney has also stated that “burglarizing a home in a disaster area could carry a life sentence under Texas law.” Under state law, prosecutors can also pursue enhanced penalties for property crimes, such as burglary and robbery, which occur “during a state of disaster.” However, is there a difference between looting for material gain and looting for survival? If you’re charged with “stealing” bottled water or groceries because you’re desperate and starving, does the law allow any leniency? A natural disaster like a severe hurricane…
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2 vehicle injury crash SH 33 Jefferson County
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 6 1540 Foote Dr. Idaho Falls, Idaho 83402-1828 (208) 525-7377 FAX: (208) 525-7294 For Immediate Release: 09/16/17 1:45 A.M. Please direct questions to the District Office On September 15, 2017, at approximately 3:02 pm, the Idaho State Police investigated a two vehicle crash at the intersection of 1900 E and State Highway 33 just west of the Sage Port of Entry in Jefferson County. Caleb Owens, 18, of Terreton, ID, was driving southbound on 1900 E in a 2004 Chevrolet Cavalier. Owens approached the intersection of 1900 E at State Highway 33 that is normally marked with a stop sign. The stop sign was missing and Owens failed to yield to oncoming traffic. Owens's vehicle was struck on the passenger side by a 2001 Chevy Cruze, driven by Karen Vanwagner, 53, of Hamer, ID traveling…
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Honesty, Finally
As the fight for due process on campus rages on, fools, liars and shameless self-promoters* have been desperately trying to salvage a viable argument against the rescission of the Title IX “guidance.” They cry, what about the Clery Act? What about the Violence Against Women Reauthorization Act? Notably, none of the proponents actually offer any substance as to what these laws have to do with anything. There’s nothing there. If you wonder why not a single one of the now-64 adverse federal decisions holding that the Title IX guidance fails to provide due process to students ever mentions these laws, it’s because these are red herrings, some peripheral language that touches on campus sexual discipline, but irrelevant to the issue. The presumed expectation is that screaming, “Oh yeah, what about the Clery Act?” is good enough to shift the burden away from facts and law. It’s a fool’s game. Lawyers who litigate the cases won’t…
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URSULA LETONA Y LOS DISPARATES DE UNA IGNORANTE DE LA CONSTITUCIÓN
Esto es lo que ha declarado la señora letanía. En el enlace que comparto lo pueden leer: "En su turno, la titular de la Comisión de Constitución, la también fujimorista Úrsula Letona, indicó que la Carta Magna es clara cuando precisa que si un ministro es censurado éste no puede volver a integrar un Gabinete en los cinco años de gobierno." http://www.expreso.com.pe/politica/fuerza-popular-no-permitirian-regreso-de-ningun-ministro-de-zavala/ Según tengo entendido la señora Letona es abogada lo que agrava muchísimo más su afirmación. La precisión que hace está contenida en el artículo 136º de la Constitución del Estado que a continuación reproduzco: Artículo 136.- Restitución de facultades del Congreso disuelto Si las elecciones no se efectúan dentro del plazo señalado, el…
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A Victim of Climate Change
Is Professor Michael Schlesinger a really big deal in the area of atmospheric science? Inside Higher Education says so, not that it really matters. A famed atmospheric scientist at the University of Illinois at Urbana-Champaign is on leave after refusing to heed administrators’ request that he give electronic lecture slides to a student with disabilities. There is a gut reaction to this reference to a “student with disabilities,” since making reasonable accommodations is both the law and, well, a kind thing to do. Or, as most people will react, how can it hurt? A dispute over electronic lecture slides and accommodations for a learning-disabled student may have ended the teaching career of Michael Schlesinger, a professor of atmospheric sciences at the University of Illinois at Urbana-Champaign. One of the more disastrous influences of political correctness is the white-washing of detail that enables us to understand what this is really all…
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Appeals Court Reverses Mandatory Sentence for Sex Offender
According to a January 2017 report by The Pew Charitable Trusts, the number of federal offenders serving a period of supervised release—post-prison community monitoring similar to state parole supervision—reached an all-time high of approximately 115,000 by end of 2015. By comparison, the number of such offenders was only 39,000 in 1995. Supervised release, a component of the Sentencing Reform Act of 1984, went into effect in 1987, and four decades later, more than 8 out of every 10 offenders sentenced to a federal prison will receive, on average, a four-year period of supervised release following incarceration. Supervised Release for Sex Offenders There are two kinds of offenders on supervised release: sex offenders and all other offenders. There are a number of mandatory conditions for all offenders on supervised release as set forth in 18 U.S.C. § 3583(d) which are: 1) must not commit another offense while on parole; 2) refrain from…
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DOJ Considering Changes to Yates Memo
According to Reuters, Deputy Attorney General Rod Rosenstein said on Thursday that there may be changes to the Yates Memo "in the near future." As discussed at length on this blog (see here, here, here, and here; see also here...
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In Florida, the State Can Force a Defendant to Prove Where Money Comes From Before Being Released on Bond
In Florida, the process for a person getting out on bond while a criminal case is pending is usually fairly standard. If the police officer obtains an arrest warrant to arrest a suspect based on a prior crime, the judge who signs the arrest warrant will normally also place a bond amount on that warrant. After the arrest, if the defendant can make that bond, then he/she will be released pending the resolution of the case. When the police arrest someone immediately after an alleged crime was committed without an arrest warrant, that defendant will normally see a judge the next day. That judge will set a bond for the defendant then at what is called a first appearance hearing. The defendant can then be released if he/she can make the bond. The general rule is that anyone who was arrested has a right to a reasonable bond, and if he/she can make that bond, either by paying the full amount or by paying 10% or so to a bonding company, that person can be…
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Why criminal court judges are poor forensic gatekeepers
Yes. This.Why do judges frequently fail to keep faulty forensics out in criminal cases despite the fact that they rigorously enforce Daubert’s gatekeeping requirements when presiding over civil cases? Daubert requires trial judges in both civil and criminal proceedings to determine “whether the reasoning or methodology underlying the testimony is scientifically valid.” As the relevant research reveals, however, judges are far more willing to fulfill their gatekeeping roles in civil cases than criminal ones. Challenges to forensic evidence pretrial, including Daubert hearings, are rare in the criminal context. As the NAS Report makes clear, “the vast majority of the reported opinions in criminal cases indicate that trial judges rarely exclude or restrict expert testimony offered by prosecutors.” The evidentiary standards that apply to expert forensic evidence should be identical in civil and criminal proceedings according to the Federal Rules of…
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Entwurf zum Datenschutzgesetz (E-DSG) veröffentlicht
Gemäss Medienmitteilung vom 15. September 2017 hat das Eidgenössische Justiz- und Polizeidepartement (EJPD) den Entwurf zum Datenschutzgesetz (E-DSG) veröffentlicht.Auf den ersten Blick sind u.a. folgende Punkte im E-DSG erwähnenswert:(i) Der Anwendungsbereich des E-DSG erstreckt sich nicht mehr auf hängige Gerichtsverfahren.(ii) Profiling wird auf die automatisierte Bearbeitung von Personendaten beschränkt. Profiling gilt jedoch als Datenbearbeitung mit "hohem Risiko" und verlangt die Durchführung einer vorgängigen Datenschutz-Folgenabschätzung (mit Ausnahmen).(iii) Die Verletzung des Datenschutzes (= unbefugte Datenbearbeitung) wurde durch Verletzungen der Datensicherheit ersetzt.(iv) Die Rolle des (freiwilligen) Datenschutzberaters wurde eingeführt; sie bewirkt Privilegierungen bei der Konsultation des EDÖB im Zusammenhang mit Datenschutz-Folgenabschätzungen.(v) Empfehlungen der guten Praxis wurden durch…
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Everybody Is Warhol Now
Fourth single off "A Darker Blues."everybody is warhol noweverybody is big shot noweverybody is instagram noweverybody is warhol noweverything is warhol noweverything is 24/7 noweverything is televised noweverything is warhol noweverybody is warhol noweverybody is gossip noweverybody is facebook noweverybody is warhol noweverything is warhol noweverything is vivid color noweverything is blow pop noweverything is warhol noweverybody is warhol noweverybody is posting what they do noweverybody is writing their diary noweverybody is warhol noweverything is warhol noweverything is multitasking noweverything is multimedia noweverything is warhol noweverybody is warhol noweverybody is fifteen minutes noweverbody is a philosophy noweverybody is warhol noweverything is warhol noweverything is on repeat noweverything is a copy noweverything is warhol noweverybody is warhol noweverybody is self conscious noweverybody is photoshopping noweverybody is warhol now
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With no evidence Defendant knew he possessed drugs, the conviction is thrown out
In U.S. v. Louise, the Customs and Border Protection (CBP) was tipped off that the Ana Celia, a coastal freighter used to export goods from the United States to Haiti, was returning from Haiti to Miami carrying narcotic drugs. While the boat was docked in the Miami port, CBP agents set up surveillance of the boat. At one point the agents watched as a forklift picked up boxes from the boat and that were driven off the boat. The owner of the boat, Ernso Borgella, directed the forklift driver to place on the dock. Later a Nissan car which pulled up and Borgella told the driver to pull the car to park near the boxes. Two unidentified men loaded the boxes into the back seat of a white Nissan and Louis began to drive slowly out of the shipyard while Bogella walked alongside. After driving past the front gate of the shipyard the Nissan was stopped by law enforcement vehicles with lights and sirens. Louis exited the car and began to run. The agents found that the boxes in the…
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WHY IS PUBLIC DRINKING STILL A CRIME IN MAINE?
WHY IS PUBLIC DRINKING STILL A CRIME IN MAINE? Posted by Edmund R. Folsom, Esq., September 16, 2017. Sitting in court one day recently, waiting my turn, my attention was drawn to proceedings involving a female prisoner in the dock. The woman’s lawyer and the judge were discussing the terms of her plea agreement that, in part, involved a jail sentence for drinking in public. Yes, drinking in public. There I was, in court, September 11, 2017, witnessing a woman receive a criminal conviction and a jail sentence for drinking in public. This struck me as seriously unfair. I was pretty sure if she had smoked marijuana in public instead of drinking alcohol in public she would only have been liable for a civil violation and a fine, so I turned to the legislator sitting near me and asked him a question. Q: “What’s the penalty for smoking marijuana in public?” A: “A hundred dollar fine.” …
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Fighting Connecticut Second & Repeat Offender DUI / DWI Arrests
Connecticut prosecutors are strictly enforcing its 3-strikes law for repeat offender DUI and DWI arrests. Almost everyone understands the gravity of drinking and driving and the potentially devastating consequences it can have on your career, family and freedom. As any of the best Connecticut DUI / DWI criminal lawyers know, when a driver has already pled guilty to a Connecticut DUI / DWI, and is again arrested in Connecticut for DUI under CGS 14-227a, a Connecticut second offense DUI lawyer can provide life-saving insights and defense strategies. Penalties for Connecticut Second Offender DUI / DWI Arrests Not surprisingly, the jail penalties imposed for a second offender or repeat offender drunk driving arrest in Connecticut are much more severe than those that are typical for a first offense. According to Conn. Gen. Stat. Ann. §14-227a(g)(2), in Connecticut, a second-time offender can expect to be sentenced to the following: a term of incarceration ranging from…
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Top-Ten Recent SSRN Downloads in Criminal Procedure eJournal
are here. The usual disclaimers apply. Rank Paper Downloads 1. Feeding the Machine: Policing, Crime Data, & Algorithms Elizabeth E. Joh University of California, Davis - School of Law Date Posted: 21 Aug 2017 286 2. The Reid Interrogation Technique...
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