Remember the good old days when the purpose of higher education was higher education? Good times. The class is called symplectic geometry, a high-level course in mathematics that provides elite graduate students at the University of California, Berkeley, a better understanding of, among other things, planetary motion. This seems as good a time as any for a Maria Muldaur song,* right? But what does that have to do with free speech and tuition refunds? It’s taught by a prof who feels strongly that it’s wrong for Berkeley to host speakers who are wrong. But whether symplectic geometry will meet for its scheduled session on Tuesday is still up in the air because the professor, Katrin Wehrheim, is one of dozens of faculty members who announced they would boycott classes ahead of appearances by right-wing speakers this week. Whether Wehrheim will be wearing black for the occasion is unknown, but she gets paid to teach students, even when she doesn’t feel like it.…
Berkeley Owes Students A Refund
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D.Neb.: Over a year of CSLI was unreasonable where the conspiracy covered over two years
Defendants were charged with a series of ATM robberies, and the government sought historical CSLI to link the defendants together. This is third party information. The fact that information was sought for over a year in some of the defendants’ … Continue reading →
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D.Colo.: Where vehicle registered to both occupants, either could be asked for consent
When defendants were stopped for a traffic offense, reasonable suspicion arose that neither was a licensed driver when they produced only ID cards. Where the car was registered to both the driver and passenger, either could be asked for consent. … Continue reading →
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Explaining DUI blood alcohol concentration (BAC)
All drivers in Arizona, regardless of their own possible experience with DUI charges, should at least be somewhat familiar with the procedures that are followed when someone is pulled over by the police and there is reason to believe that they might be intoxicated. One of the key components of Arizona’s notoriously strict approach to drinking and driving relies on what is commonly referred to as the driver's BAC (blood alcohol concentration) at the time of the traffic stop. But what does that really mean? How much does the average person know how the BAC is calculated and whether it is accurate evidence of being over the DUI limit? And more importantly, are the results of these tests as infallible as we’ve been led to believe? The basics of BAC In simplest terms, your blood alcohol concentration (BAC) is the percentage of alcohol in your blood. With each alcoholic beverage you consume, the proportion of alcohol to blood in…
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DE: two on motions to suppress out of time
Motion to file a motion to suppress out of time is denied for not showing a sufficient excuse. Even so, defendant doesn’t allege standing, so he couldn’t win if it was allowed to be filed. State v. Boyd, 2017 Del. … Continue reading →
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NC: Inconsistent stories from the passenger and driver alone isn’t RS
The passenger’s and driver’s stories weren’t inconsistent enough to justify reasonable suspicion. There were no other facts justifying suspicion of criminality. The officer asked about weapons, but he said that was common for a 4 am stop. State v. Nicholson, … Continue reading →
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Thomas C. Gallagher Elected Chair of Minnesota NORML Board of Directors – Marijuana Legalization in Minnesota
On September 16, 2017 the Board of Directors of Minnesota NORML elected Thomas C. Gallagher to the position of Chair of the Board. Gallagher is a Minneapolis Criminal Lawyer who twice campaigned for election as a Representative in the Minnesota House in District 61B (incumbent Paul Thissen) in 2014 and 2016. He was the endorsed candidate of Republican Party of Minnesota in both election cycles. “Minnesota NORML is a non-partisan Minnesota Nonprofit with 501(c)(4) status,” Gallagher noted. “Our goal is legal marijuana in Minnesota for responsible adult use. Minnesotans should have equal rights to cannabis as to beer and wine. This means age 21 and older, taxed and regulated the same as beer and wine, and legal small batch home production.” Thomas C. Gallagher, Chair, Minnesota NORML “Home grow” Gallagher said, “is essential. Ending marijuana prohibition is only incidentally about marijuana; it is…
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Erste Reaktionen auf den Entwurf zum Datenschutzgesetz (E-DSG)
Am 15. September 2017 wurde der Entwurf zum schweizerischen Datenschutzgesetz (E-DSG) veröffentlicht. Zwischenzeitlich liegen erste Reaktionen verschiedener Verbände bzw. Medienberichte vor; einige davon können mittels nachstehenden Links abgerufen werden: EconomiesuisseSchweizerischer GewerbeverbandStiftung für KonsumentenschutzInterview mit dem EDÖB auf srf.chNetzwoche.chNZZ.chSrf.ch Der Bundesrat hat zusätzlich einen "Medienrohstoff" zu den Sanktionen des E-DSG publiziert. Ausserdem wurde eine Gegenüberdarstellung des geltenden DSG mit dem Vorentwurf (VE-DSG) und dem Entwurf (E-DSG) durch die Anwaltskanzlei Walder Wyss AG veröffentlicht.Michal Cichocki http://www.lawblogswitzerland.ch
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E-Privacy Verordnung: EU-Rat veröffentlicht Ergänzungs- und Änderungsvorschläge
Der Rat der Europäischen Union (EU-Rat) veröffentlichte vor kurzem Ergänzungs- und Änderungsvorschläge zum Entwurf der E-Privacy Verordnung der EU-Kommission. Der EU-Rat äusserte sich darin u.a. zu Art. 8, Art. 9 und Art. 10 betreffend „Cookies“ und „Consent“. Im EU-Parlament berät derzeit der federführende LIBE-Ausschuss (wie auch die anderen Ausschüsse JURI, IMCO und ITRE) über den Entwurf der E-Privacy Verordnung. Der Ausschuss will voraussichtlich am 11. Oktober 2017 über den Entwurf abstimmen. Die E-Privacy Verordnung soll zusammen mit der EU DS-GVO am 25. Mai 2018 Inkrafttreten. Michal Cichocki http://www.lawblogswitzerland.ch
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Diplomacy must trump Trump’s bellicose tweets – and athletes are free to kneel
Donald Trump as president is a scary and sad reality. He was never fit to sit in the White House. He made his money despite his perpetual thin-skinned, undiplomatic name-calling immaturity. Many talented non-Trump-admirers have joined Trump’s administration, which might counterbalance Trump’s excesses. Thank goodness someone at as high a level as National Economic Council Director Gary Cohn publicly dissented from Trump’s responses about the Charlottesville violence. Those leaders in Trump’s administration who remain silent about such Trump blunders risk that silence harming their names. Nothing I say is going to convince Trump to resign nor Congress to impeach him. The general election presented the rotten choice between a hugely unpopular Hillary Clinton (I held my nose when voting for her, after holding my nose voting for Bernie Sanders in the primary) and an even worse Donald Trump, whose approval ratings are mediocre at best,…
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On eve of federal sentencing, any final predictions (or desires) for Anthony Weiner's punishment for underage sexting?
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DIARY OF A MAD PRESIDENT: STAND AND DELIVER EDITION
Dear Diary: Best week ever of greatest presidency ever.Loving the Rocket Man quip. They loved me at the UN. It was so quiet during my speech, you could hear a pin drop. That's how much they loved it. None of that polite clapping junk. But this week is all about the National Anthem. I love being the president who defends the national anthem. Obama never did that. Neither did Bush. Or his brother the other Bush.I know more about the first amendment than any lawyer alive. It doesn't cover free speech at work. When you're at work, you have to do what your boss says. Or...and this is my favorite...you're fired!And that's all I was saying in my speech in Atlanta. When Benjamin Franklin was drafting the first amendment, he never meant it to be applied during work. You can say whatever you want when no one is listening. That's what free speech is. And, excuse me but kneeling isn't speech. It's a physical action, so duh! It's not…
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Case o' The Week: Ninth Not Keen on Gray Primer - Hernandez Martinez and the New(ish) Illegal Reentry Guideline
The Ninth finds a little light, amongst the gray.United States v. Hernandez Martinez, 2017 WL 4080481 (9thCir. Sept. 15, 2017), decision available here.Players: Decision by Judge Ikuta, joined by Judges W. Fletcher and DJ Barker. Nice win for Deputy Federal P.D. James Locklin, Central District of California.Facts: After pleading guilty to illegal reentry in violation of 8 USC § 1326, Hernandez Martinez received the +8 OL bump at sentencing for having had a “two year or more” felony sentence before he was removed the first time. Id. at *1 (citing USSG § 2L1.2(b)(2)(B) (Nov. 1, 2016), see Guideline here. Actually, he had been convicted a felony and received a 365 day sentence with probation to follow, before removal. Id. After that California conviction, he was deported, reentered, his probation was revoked, and he was then was sentenced to three years. Id. In other words: Cali felony conviction w/ 365 day sentence…
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OH7: Enclosed porch door was curtilage, but inside door was threshold door
Defendant’s house had an unlocked porch door and a door inside. The porch door was part of the curtilage, but it was reasonable for persons visiting to go to the inside door and knock. “Based on this record, the facts … Continue reading →
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Terrific review of SCOTUS petitions to watch from folks at In Justice Today
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ID: Frisk doesn’t allow opening containers that can’t reasonably contain weapons; search incident doctrine doesn’t apply to frisk because no arrest
The search incident doctrine doesn’t apply to a stop and frisk. Thus, when a container is removed from a person in a frisk and the officer has no reasonable basis for concluding that the container has a weapon in it, … Continue reading →
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Texas Observer: Body Cam Policies in Texas Exacerbate a System Designed to Protect Police, Critics Say
Texas Observer: Body Cam Policies in Texas Exacerbate a System Designed to Protect Police, Critics Say by Michael Barajas: Civil rights advocates worry interpretation of a 2015 body camera law could help cops avoid prosecution as much as it ensures … Continue reading →
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Top-Ten Recent SSRN Downloads in Criminal Law eJournal
are here. The usual disclaimers apply. Rank Paper Downloads 1. Congressional Control of Presidential Pardons Glenn Harlan Reynolds University of Tennessee College of Law Date Posted: 28 Aug 2017 3,660 2. Revenge Against Robots Christina Mulligan Brooklyn Law School Date...
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Judge Finds Teacher-Student Sexual Relationship Law Unconstitutional
A judge in Alabama ruled that the law that barred teachers from having sexual relationships with students old enough to consent is unconstitutional. The legal consenting age in Alabama is 16. The law prohibits any school employee from having a sexual relationship with a student younger than 19. Violation of this law results in a felony and up to 20 years in prison and require that the convicted to register as a sex offender.Morgan County Circuit Judge Glenn Thompson dismissed charges against 44 year old Carrie Witt, a former teacher at Decatur High School, who was accused for having sex with two students who are over the age of 16. Judge Thompson also dismissed the charges against 27 year old David Soloman, a former contract teacher at Falkville High School, who was accused of having sex with one student over the age of 16. Judge Thompson ruled that the prosecutors would have to prove that the teachers used their position of authority to coerce the illegitimate consent of…
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Deputy Accused of Raping Female Inmates
On Wednesday morning at the Century Regional Detention Facility in Lynwood, a female inmate approached a teaching instructor on the staff claiming she had been raped by a deputy during the night in the one of the jail dormitories. The woman named her alleged attacker as 31-year-old Giancarlo Scotti; a San Pedro resident and 10-year veteran deputy of the LA County sheriff’s department who is employed at the facility. Shortly after the initial report a second woman made similar allegations about Scotti, who was on duty during the time the assaults occurred. As reported during a news conference by L.A. County Sheriff Jim McDonnell, the area of the jail where the alleged attacks took place was hastily secured in order to preserve any possible evidence. Investigators were called to the scene, and Scotti was held in a watch commander’s office. After an initial inspection, enough data including DNA evidence was obtained to justify Scotti’s arrest on suspicion of two…
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