Lawfare: The Best Way to Rule for Carpenter (Or, How to Expand Fourth Amendment Protections Without Making A Mess) by Orin Kerr: Last month, the Supreme Court held argument in Carpenter v. United States, the pending case on whether the … Continue reading →
Lawfare: The Best Way to Rule for Carpenter (Or, How to Expand Fourth Amendment Protections Without Making A Mess)
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Massachusetts Cannabis Control Commission Releases Draft Regulations for Recreational Cannabis Program
On January 21, 2017, the Massachusetts Cannabis Control Commission announced that it had approved the first draft of Regulations which will govern the state’s recreational cannabis program, referred to as the “Adult Use of Marijuana Industry.” Copyright: epicstockmedia / 123RF Stock PhotoThese draft Regulations propose 8 different license categories (including Cultivator, Manufacturing, Retail, and Research), establish a robust application process, and set forth detailed requirements for the operation of each type of cannabis-related business. The Regulations can be viewed here. The Cannabis Control Commission is the regulatory body tasked with implementing and administering Massachusetts’ medical and recreational cannabis programs. In November 2016, the voters of Massachusetts voted 53-46 in favor of a ballot initiative proposing to legalize cannabis for recreational use. Since that time, the five-member Commission has worked to craft Regulations…
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VA: P2P file sharing to access CP wasn’t a trespass on the curtilage; def consented to entry into the computer
The officer’s actions in accessing defendant’s computer files by peer-to-peer file sharing did not constitute a trespass to his curtilage in violation of the Fourth Amendment. Defendant demonstrated his consensual participation in the file sharing community by installing file sharing … Continue reading →
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Discretion and Discrimination In Seattle
A variety of state and federal laws prohibit discrimination in property rentals, but that wasn’t good enough for Seattle. As long as there was discretion, there was the possibility of discrimination, and so they enacted a law to prevent implicit bias by requiring landlords to rent to the “first qualified” potential tenant. The goal is to ensure prospective renters are treated equally, according to Councilmember Lisa Herbold, who championed the policy. When landlords pick one renter among multiple qualified applicants, their own biases — conscious or unconscious — may come into play, she says. There are questions, even after a tenant meets the basic “qualifications” for renting, such as credit rating, ability to pay* and prior landlord recommendations. Prior criminal history cannot be a question, though, as Seattle has forbidden landlords from running a rap sheet. Chief among them is that landlords lose any discretion for intangible…
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Short Take: Cool Gig In Maricopa County
Some people believe that consent decrees are a crucial mechanism for ending police impropriety. I’m not one of them. Granted, federal investigations that precede them tend to confirm claims of unconstitutional policing, which makes for good newspaper articles and solid evidence to demand change. But change never seems to happen as a result of them, and the consent decrees that follow make us feel as if we’re accomplishing something, until the next scandal or tragedy, the next investigation and the next consent decree. But then, it’s not as if consent decrees aren’t good for anybody. Demoralized law enforcement officers in Arizona’s most populous county are leaving in droves while a controversial police monitor gets millions of taxpayer dollars to scrutinize their agency over allegations of racial discrimination, according to records obtained by Judicial Watch. Maricopa County is paying a politically-connected firm called Warshaw and Associates big…
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Conviction for selling firearms on the dark web upheld
Focia’s conviction arose from his sale of firearms on the dark web. He was charged with a violation of 18 USC section 922(a)(1) for transferring firearms to a resident of a state other than his own without a federal firearms license in violation of 18 USC section 922(a)(5). In his appeal he challenged the sufficiency of the evidence arguing that the government failed to prove that he and each transferee were not residents of the same state at the timer of each sale. He claimed that the government failed to prove that Focia was a resident of Alabama, a different state than where the buyers lived in Nebraska and New Jersey. He argued that the government only established only that Focia used to live in Alabama at some point before the firearm sales and that he was present in Alabama several times over the span of two years. The court of appeals rejected this challenge finding that the government introduced sufficient evidence of Focia’s residence at the time…
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What to Do When You Get in a Car Accident With a Drunk Driver
In our last blog, we stressed the importance of not drinking and driving over the New Year’s weekend. But what does happen if you get into a drunk driving accident…but you’re the sober one? For example, let’s say you are the designated driver for the evening. You haven’t had a drop to drink all night. As you drive your less-than-sober friends home, another partygoer swerves into your car. Not only is your car severely damaged, but you and one of your passengers are hurt in the accident. What happens next? Who is responsible for your passenger’s injuries? And can you sue the drunken driver for the damages? First, it’s important to know the legal implications the drunk driver faces. As we’ve mentioned in the past, New Jersey has strict laws when it comes to driving drunk. You could face time in prison, a license suspension, and some hefty fines — and that’s just for the first offense. But when an intoxicated driver…
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5 Common Divorce Mistakes
Getting a divorce is a difficult and emotional experience for anyone, but it can become even more stressful if you don’t understand how the divorce process works. To make your divorce more manageable, avoid making these five common divorce mistakes. You Haven’t Separated for At Least One Year North Carolina law requires you to be separated from your spouse for at least one year prior to filing for a divorce. A common misconception is that living in separate bedrooms in the same house counts as being “separated”. It doesn’t. You will need to live in an entirely separate residence from your spouse for a full year, and at least one of you needs to intent to stay separate and apart from the other spouse. If you reconcile with your spouse, the clock will start from zero on the one-year waiting period if you later separate again. 2. Failing to Draft a Separation Agreement A separation agreement is not legally required to be considered separated or to get…
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"Why Trials Are Disappearing"
Bill Otis has this post at Crime & Consequences. In part: My years as an AUSA tell me that the reason defendants take the deal is that they are ice cold on the evidence and understandably prefer that their behavior...
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When Having the Charges Dropped in Your Maryland Criminal Case Isn’t the Best Available Outcome
If you or a loved one is facing criminal charges related to controlled substances, it is extremely important to have skilled Maryland drug crime counsel by your side representing you at every step along the process. The lawyers working for the state are experienced in the rules of law and procedure. The law provides you with certain rights and certain ways to utilize those rights to your advantage in your court case, so you need to make sure you have legal knowledge and experience on your side in the form of a skilled attorney to protect your rights. A recent drug crime case serves as a clear example of why having quality representation matters. Leonard was charged with conspiracy to distribute methlenedioxymethamphetamine (a popular party drug better known as MDMA, “Molly,” or ecstasy). Leonard’s case went through the entire trial process. Leonard was convicted and sentenced for violating Maryland’s controlled dangerous substance laws. Leonard filed an…
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Driveway Backover Accidents Kills and Injure Thousands of Children Ever Year
Backover accidents usually occur on driveways and can be tragic. Frequently, parents reverse over their own children, causing serious injuries or deaths. These accidents may be more prevalent than we think. According to the website KidsandCars.Org, as many as 50 backover accidents are reported every week in the United States. Backover accidents often occur because every vehicle has a blindspot behind it that cannot be seen by mirrors. More than 60 percent of accidents involve a larger vehicle such as a truck or an SUV and the driver in about 70 percent of wrecks is a parent or an extended family member of the child who is injured. KidsandCars.Org states there is even a name for the syndrome that makes these tragic accidents more prevalent. Backover accidents can be fatal It’s known as the “bye-bye syndrome.” Children don’t want to be left behind when their parents leave. When they hear the words ‘bye-bye, they may follow the person who is leaving.…
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Woman Arrested for Florida DUI – on Horseback
A Florida woman who allegedly rode her horse slowly down a busy highway while intoxicated was arrested for DUI recently. Although Florida is practically infamous for it’s bizarre news, even this seemed a bit over-the-top. Plus, it raises a number of questions about the scenarios in which F.S. 316.193, Florida’s drunk driving law, can be applied. The law allows penalties for those who “are driving or in actual physical control of a vehicle within the state” and are also either under the influence of alcohol to the extent his or her normal faculties are impaired OR the individual has a blood-alcohol concentration that exceeds 0.08 or more grams of alcohol per 100 milliliters of blood. But is a horse a vehicle? What about a motorized wheelchair or shopping cart or lawn mower or bicycle? Florida residents have been arrested for DUI for operation of each of these scenarios. And while there is legal precedent that could support a conviction, our…
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Techdirt: Prosecutors Benefiting Most From Police Body Cameras [Well, duh!]
Techdirt: Prosecutors Benefiting Most From Police Body Cameras by Tim Cushing: Touted as police accountability tools, body cameras haven’t lived up to that reputation. Camera roll outs have had mixed results. In some places, departments have experienced declines in complaints. … Continue reading →
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More one-sided MSM reporting on Austin PD retirements
Grits had earlier cited reporting by local journalists over projected retirements by Austin police officers in the wake of the city council rejecting their police-union contract as an example of the local press acting as a mouthpiece for proponents of the contract. The spin before the contract vote was that up to 300 officers could retire if the council didn't approve it, a number Chief Brian Manley amended to up-to-160 on the night of the city-council vote, after touting the higher number for weeks. Now, the real numbers are out and KXAN-TV has published the most misleading report yet, again without letting contract critics correct the spin. It turns out, only 33 officers are retiring this month before the new contract terms take effect, or about 5% of the highest, earlier estimates being touted in headlines and TV news stories. Reported KXAN in their lede:The number of Austin police officers leaving the department spiked this month, nearly doubling the…
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NY4: Frisk for a parking violation was unreasonable; just because def going in back of police car not good enough
Defendant was frisked without an articulable safety justification for a parking violation, and it was based on the fact the officer was putting defendant in the back of the patrol car. That’s not good enough. Also, the search of defendant’s … Continue reading →
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NY4: Man with a gun report led police within one minute to couple on street, and def abandoned gun
Police received a call of a man with a shotgun walking with a woman. Officers got there within a minute and saw a couple matching the description. No lights or siren were on. Defendant walked into a grassy area and … Continue reading →
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WA: Shareholder or officer of closely held corp has no personal privacy interest in corporate records under state constitution
“Paul Chase, shareholder and principal officer of Red Leaf Construction Inc., appeals the trial court’s partial denial of his motion to suppress Red Leaf’s bank records. A commissioner of this court granted discretionary review. We consider, as a matter of … Continue reading →
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Will you help us fight injustice in 2018?
Our 25th year is coming to a close, and we’re looking back on the accomplishments of 2017, while also prepping for a big year ahead. Just last week, we celebrated with our client Mark Denny, who walked out of a Brooklyn courtroom a free man for the first time in nearly 30 years. Earlier this year, our client William Barnhouse became the 350th person exonerated by DNA testing in the U.S., when he was freed in Indiana after serving 25 years for a crime he didn’t commit. Give before midnight tomorrow, December 31st, and your tax-deductible donation will be matched dollar-for-dollar. But there are too many more innocent people still waiting for our help, and our system is still stacked against defendants — especially poor people and people of color. Can you help us continue the fight against injustice in 2018? A generous group of donors is doubling every donation until midnight tomorrow — and your gift is 100% tax-deductible. Our attorneys will be…
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NYLJ: Admissibility of Expert Testimony on Police Use of Force | and a video of the cross of one
NYLJ: Admissibility of Expert Testimony on Police Use of Force by Martin A. Schwartz: Police practices experts can provide valuable testimony in §1983 excessive force cases. “Courts have permitted [these] experts to testify about discrete police practice issues when these … Continue reading →
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Blocking Injury Crash EB I90 at milepost 13
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 1 Patrol 615 West Wilbur Ave. Coeur d'Alene, ID 83815 (208) 209-8620 Fax (208) 209-8619 For Immediate Release: 12/29/2017 10:42 Please direct questions to the District Office The Idaho State Police are currently on scene of a serious injury blocking crash on eastbound I90 at milepost 13, east of the 4th street on ramp. The Interstate is blocked in this area. Please avoid this area and choose alternate routes of travel. 2924 -------------
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