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Search of car in Boston drug arrest found unlawful by Massachusetts court

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When dealing with search and seizure in a traffic stop arrest, one of the primary defenses for a Boston criminal defense lawyer is to challenge any warrantless search of the automobile under the Fourth Amendment. Under the Fourth Amendment to...

Mecklenburg wird wieder staatlich überwachte Zone

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Das nordöstlichste Bundesland Mecklenburg-Vorpommern wird wieder staatlich überwachte Zone: Die rot-schwarze Landesregierung hat ein neues Gesetz zur Bestandsdatenauskunft verabschiedet, mit dem ab dem 1. August 2013 zur Strafverfolgung oder Gefahrenabwehr auf bestimmte Nutzerinformationen und sogar Passwörter zugegriffen werden kann. Während auch andere Bundesländer aktuell solche Gesetze einführen, geht der Vorstoß aus Schwerin besonders weit und bezieht auch den Landesverfassungsschutz mit ein. Zukünftig kann dort letztlich jeder Dorfpolizist sensible Informationen einschließlich Zugangscodes wie PINs und PuKs sowie gespeicherte Passwörter für E-Mail-Konten und Cloud-Dienste abfragen. Die Rede ist auch von Daten, mit denen der Zugriff auf Endgeräte oder Speichereinrichtungen, die von diesen "räumlich getrennt eingesetzt werden", möglich wird. Ein Richtervorbehalt ist natürlich nicht vorgesehen, auch keine nachträgliche Benachrichtigung der Betroffenen nach Abschluss der Maßnahme. Das Innenministerium in Schwerin versteht die Aufregung nicht, die Auskunft über derartige Bestandsdaten sei lediglich mit einem „geringfügigen“ Grundrechtseingriff verbunden. heise.de: Länder verabschieden neue Regeln zur Bestandsdatenauskunft

Making Fudge

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<font style="FONT-SIZE: 12px" face="Arial">In the&nbsp;<a href="http://www.nytimes.com/2013/06/16/magazine/can-a-juror-ever-fudge-the-truth.html?src=rechp&amp;_r=0" target="">New York Times Magazine's</a> Ethicist column, Chuck Klosterman published a letter from a juror. Well, at least a person [name withheld] who was once a juror, 15 years ago,&nbsp;in St. Louis, and apparently hasn't been able to sleep well since. St. Louis can do that to&nbsp;you.<br> <br></font> <blockquote><font style="FONT-SIZE: 12px" face="Arial">During jury selection, I was asked if I supported the death penalty. I don’t. I’m unalterably opposed to capital punishment. ...</font></blockquote>

Because There's No Such Thing As Undemo

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<font style="FONT-SIZE: 12px" face="Arial">At <a href="http://overlawyered.com/2013/06/after-landmarking-inquiry-owner-demolishes-wright-interior/" target="">Overlawyered</a>, Walter Olson notes that the former Mercedes Benz dealership on Park Avenue in Manhattan, one of a mere three Frank Lloyd Wright projects in New York City, is gone.<br> <br></font> <blockquote><font style="FONT-SIZE: 12px" face="Arial">“On March 22, the Landmarks Preservation Commission called the owners of 430 Park Ave. to tell them the city was considering designating the Wright showroom … as the city’s 115th interior landmark. … on March 28, the building’s owners, Midwood Investment ...</font></blockquote>

D.R.I.: Another staleness case; no time, no good faith

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Another staleness case: No reference to time in a 2012 drug search warrant application except that defendant was driving a 2006 car. So, it had to be between 2006 and 2012. Even the continuing course of conduct that can usually overcome staleness doesn’t work here. Thus, the court finds it stale and not saved by the good faith exception. United States v. Santiago, 2013 U.S. Dist. LEXIS 86401 (D. R.I. June 18, 2013): [...] Read more!

CA8 & KS apply Davis to pre-Gant search incident

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Defendant was arrested and subjected to a search of his car (with probable cause). The search of the car was treated as a pre-Gant search incident and upheld under Davis good faith. [It appears it would have been good under the automobile exception which isn’t discussed.] United States v. Casteel, 2013 U.S. App. LEXIS 12730 (8th Cir. June 21, 2013). Pre-Gant search incident saved by good faith exception. State v. Carlton, 2013 Kan. LEXIS 548 (June 21, 2013). Defendant was validly stopped and his cash seized. There is no question, however, that the officer didn’t Mirandize him and was trying to elicit incriminating responses. The statements are suppressed. United States v. Hernandez, 2013 U.S. Dist. LEXIS 86319 (D. Neb. June 18, 2013).* Defendant was subjected to a valid probation search days after going on probation, and a gun was found. State v. Fields, 2013 La. App. LEXIS 1246 (La.App. 4 Cir. June 19, 2013).*

E.D.Wis.: Consent based on personal fear for well being of family was not caused by police, so consent valid

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Defendant consented because of a fear for her family’s well being if she didn’t but it was of her own making and the police did nothing to exacerbate it. Therefore, consent was valid. United States v. Lopez, 2013 U.S. Dist. LEXIS 86912 (E.D. Wis. April 5, 2013): [...] Read more!

Snowden Flies to Russia, and Then?

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Update: There are reports that Snowden, whose plane arrived in Moscow, will spend the night at the Venezuelan embassy in Moscow or at the Sheremetyevo airport and then fly to Cuba, and then to Caracas. (Source article here.) Wikileaks says it is... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

WI: Person loaned laptop had apparent authority to consent to police search

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Defendant lived with his parents and was dating a woman, and she came over to spend the weekend when his parents were gone. He specifically let her use his computer while he was at work, and she found child pornography, and she called the police. She had apparent authority to let them in the house and to search it. State v. Sobczak, 2013 WI 52, 2013 Wisc. LEXIS 264 (June 20, 2013), affg State v. Sobczak, 2012 WI App 6, 338 Wis. 2d 410, 808 N.W.2d 730 (2011) (posted here): [...] Read more!

Criminal Law: Quo Vadis?

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Is it time to start lamentations on the death of the classic tough-as-nails criminal lawyer?

New law review article on delay in computer searches as unreasonable

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Colin Miller, OK Computer: The Fourth Amendment and Searches of Seized and Imaged Electronic Evidence, on SSRN. Abstract: [...] Read more!

The Three Nevers of Social Media

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Another great post on Kristin Lamb’s Blog – well worth the read for all you writers out there! The Three Nevers of Social Media

New Yorker: Annals of Surveillance: The Prism

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New Yorker: Annals of Surveillance: The Prism by Jill Lepore: [...] Read more!

The things we (allegedly) do for our kids: Bexar prosecutor edition

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The things we (allegedly) do for our kids: On Friday afternoon the SA Express-News published a story titled "Prosecutor leaves DA amid controversy." Here's how it opened:A high-ranking member of District Attorney Susan Reed's team has left the office, weeks after the Express-News exposed a driving while intoxicated case involving her son that was dismissed with little explanation.Adriana Biggs — who had been a Bexar County prosecutor for nearly two decades, the last eight years at the helm of the white collar crimes division — left her post Thursday, First Assistant District Attorney Cliff Herberg confirmed. ...Previously chief of the major crimes division, Biggs took over the white collar crimes unit from Herberg when he was promoted in 2005, and he said he will work with the division until her replacement is found.Biggs' then-18-year-old son, Truman Biggs, was arrested during Fiesta last year after two Breathalyzer tests registered a blood alcohol level of 0.17. The legal limit is 0.08.The case was handed to a special prosecutor, who declined to pursue charges in December, noting in court documents only that it was in the “interest of justice.”The story concluded that, "Reed filed court documents last week acknowledging the case has caused a stir and asking County Court-at-Law No. 6 Judge Wayne Christian to appoint a new special prosecutor to re-examine it. Adriana Biggs has denied exerting influence over the case." See also a related Express-News staff editorial published online Friday titled, "Pretrial diversion should not be for a select few," which ended thusly:This is the third time in three years that adult children of DA office employees, or who are friends of the district attorney's family, have been afforded the opportunity to participate in pretrial diversion programs not generally available to adult defendants in Bexar County.In 2010, special prosecutor Therese Huntzinger offered pretrial diversion to Christopher Mueller, then 27, a Reed family friend, who was arrested after a weapon was found in his backpack at the airport.In 2011, Samuel Brandon, then 18, son of Assistant District Attorney Jay Brandon, was given pretrial diversion after he was charged with felony theft after he and a friend attempted to walk out of a Wal-Mart with $1,800 worth of electronics, San Antonio Express-News columnist Brian Chasnoff reported.In all three cases, the defendants benefited from being connected with the district attorney's office in some manner and having special prosecutors appointed to their cases who offered pretrial diversion programs.Reed is working to establish a program by the end of the summer to allow pretrial diversion for young offenders ages 17 to 21 who are charged with nonviolent, misdemeanor offenses. Defendants charged with DWI and family violence would not qualify for the program.Ironically, none of the recent cases handled by special prosecutors would have qualified for the program under the proposed guidelines.Giving young adults who get into trouble with the law a second chance to get on with their lives and careers has merit. Allowing greater access to such benefits to a small group with the right connections does not. It is time to balance the scales of justice for all defendants in Bexar County.

Sun Sentinel: Bank robbery suspect wants NSA phone records for his defense

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Sun Sentinel: Bank robbery suspect wants NSA phone records for his defense by Terrance Brown. His own cell phone company didn't have his records that far back. [...] Read more!

AB 1309 to Curb Worker Compensation Could Result in Higher SSDI Claims

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California Assembly Bill 1309, which aims to limit professional athlete's access to state worker's compensation. football5.jpg Far from being a measure that would only affect multimillionaire current and football players, this law has the potential to hack away at all workers' rights in California, as well as ultimately increase the number of applicants seeking Social Security Disability Insurance in Los Angeles and throughout the state. To understand why AB 1309 matters, we have to first explore what it is. California has one of the few workers' compensation systems in the country that doesn't restrict filing of a claim to within a certain time frame of an injury. This is critical to all workers, and especially to professional athletes because many times, cumulative trauma resulting from injuries that build up over time won't show up until a decade or more later. Athletes spend their careers under intense physical strain. The problem is that NFL players don't receive lifetime benefits from the league. So when it comes to caring for players who develop long-term negative health effects - as it's been proven so many players have - the league and owners get off scot-free. The NFL's health insurance lasts only five years after retirement, and even that is only for players who lasted at least three seasons. One out of four NFL retirees need joint replacements. Their rates of arthritis are five times that of the general population and they are four times as likely to suffer from neurodegenerative diseases, including ALS and Alzheimer's. At the last collective bargaining agreement, workers agreed to take less pay in order to cover up front the costs that would be needed later for workers' compensation claims. And now, the league and team owners are flexing their political muscle in curbing the availability of these benefits to players. Even though this bill would technically only apply to professional athletes, don't think that business owners in other sectors won't try to exploit this rule. They are always looking for ways to reduce their own liability and responsibility to workers. This bill, if passed, will serve as a model for how to do this. It's worth noting that the sponsor of AB 1309 received some $8,000 in political contributions from Wal-Mart over the last year. Another eight percent of the sponsor's contributions came from insurance companies. The fact that he has introduced legislation that reduces workers' ability to receive compensation should be seen as no coincidence to this. A willingness to reduce the rights of workers who are known and beloved by many is especially disturbing when you consider the power these politicians have to do the same thing to hundreds of thousands of people working in factories, in schools, in stores and on the road. The bill's sponsor says that he is trying to save California taxpayers money. But remember, the athletes were paying into this system to begin with. But there will be a societal impact when these individuals turn toward other modes of support - i.e., Social Security Disability Insurance. What makes SSDI an attractive alternative is that there is no time line on when a person can file. Whether the injury happened three days ago or 30 years ago, so long as you meet the disability criteria now, you can obtain benefits. Rising disability rolls in recent years has been met with outrage by certain politicians, pundits and media outlets. However, their cries of fraud and a system that is too lax bears little weight in light of measures such as these. When we refuse to hold companies accountable for taking care of those injured on the job, we are inevitably going to see a rise in SSDI claims by people desperate to survive and support their families. Pointing a critical finger at those who are suffering is nothing more than blaming the victim.

Intoxication Manslaughter Charges Filed after DWI Results in Officer's Death

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 When a DWI involves a death, an individual can sometimes face charges of intoxication manslaughter. That’s the case with a man who allegedly caused a recent accident, which resulted in the death of a Harris County sheriff’s deputy.  That suspect now faces second degree felony charges that could result in a prison term of between two and twenty years. The accident happened on May 19, when a vehicle driven by Andres Munos-Munos collided with the personal vehicle of Sgt. Dwayne Polk, a deputy with more than 16 years of experience. According to police, Munos-Munos ran a red light at the intersection of North Shepherd and Little York, thereby colliding with Polk’s vehicle. Investigators claim there were no skid marks that indicated Munos-Munos even attempted to stop before the collision happened. Polk was pronounced dead at the scene of the accident. Meanwhile, Munos-Munos was apprehended and taken to Ben Taub hospital for treatment. While there, a mandatory blood draw was also administered. The results of that test indicated the man was intoxicated, and he was taken into custody upon being released from the medical facility. An investigation into the incident revealed that Munos-Munos had entered this country illegally. It also showed a prior arrest for DWI in June 2012. In addition to his intoxication manslaughter charges, Munos-Munos was also charged by police for carrying a weapon illegally. Intoxication manslaughter charges are serious, and should only be handled by an attorney who specializes in DWI defense.  If you or someone you know is facing these charges, you may contact my law office for a consultation on defending these charges.

Zimmerman Trial: Opening Statements Begin Monday

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The prosecution and defense will make their opening statements on Monday in the trial of George Zimmerman, the neighborhood watch volunteer accused of second-degree murder in the death of 17-year-old Trayvon Martin. Opening statements outline the path each side plans to take to secure a favorable outcome. Prosecutors will try to paint Zimmerman as a [...]The post Zimmerman Trial: Opening Statements Begin Monday appeared first on The Appelman Law Firm Law Blog

Zimmerman Trial: Opening Statements Begin Monday

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The prosecution and defense will make their opening statements on Monday in the trial of George Zimmerman, the neighborhood watch volunteer accused of second-degree murder in the death of 17-year-old Trayvon Martin. Opening statements outline the path each side plans to take to secure a favorable outcome. Prosecutors will try to paint Zimmerman as a [...]The post Zimmerman Trial: Opening Statements Begin Monday appeared first on The Appelman Law Firm Law Blog

Oregon Commentary

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"Oregon governor wins battle, loses the war," is the Salem Statesman Journal editorial. The Oregon Supreme Court has ruled. Gary Haugen will not yet die at the state’s hand. The court’s ruling seems reasonable. Gov. John Kitzhaber has the authority...
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