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 ** UPDATE ** This crash is clear and all lanes of travel are open. A press release with crash information will be released at a later time. 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 -------------
**** UPDATE **** Blocking Injury Crash EB I90 at milepost 13
↧
↧
NY Grand Larceny and Criminal Possession of Stolen Property Convictions: Does NY PL 80.00 Allow Courts to Fine You in Addition to Mandating Restitution Upon Conviction
Any conviction in New York for either Grand Larceny or felony Criminal Possession of Stolen Property carries the potential of serious imprisonment and incarceration. Even the “lowest” felony crimes – Fourth Degree Grand Larceny (New York Penal Law 155.30) and Fourth Degree Criminal Possession of Stolen Property (New York Penal Law 165.45) – have possible sentences of up to four years in prison. In other words, if you steal or knowingly possess stolen property worth a hair over $1,000 but no more than $3,000, jail is on the table in the eyes of the law. Other than prison or jail, what are the financial ramifications, if any, involving restitution and fines and what is your exposure? Before addressing fines, let’s take this opportunity to finish touching upon jail sentences for theft offenses. While incarceration may be unlikely for a person convicted of a Fourth Degree Grand Larceny or Criminal Possession of Stolen Property respectively if that…
↧
Fatal Crash EB I90@12.9, Coeur d'Alene
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: < 12/30/17 02:35 > Please direct questions to the District Office On December 29th, 2017 at approximately 10:32 p.m. a fatal crash occurred on Interstate 90 at milepost 12.9, in Coeur d?Alene, Idaho. A green 1995 Acura Integra driven by Jonah Z. Leeder, 20, of Coeur d Alene, Idaho and juvenile passenger was traveling eastbound when Leeder attempted to pass another vehicle and spun out of control causing his vehicle to stall perpendicular to oncoming traffic in the right lane. A gold 2000 Chevy Silverado driven by William E. Swan, 45, of Coeur d Alene, Idaho was also traveling eastbound when he T-boned Leeder. The juvenile passenger was pronounced…
↧
WaPo: A police officer fatally shot a man while responding to an emergency call now called a ‘swatting’ prank
WaPo: A police officer fatally shot a man while responding to an emergency call now called a ‘swatting’ prank by Eli Rosenberg and Herman Wong
↧
The SWATting Death of Andy Finch
We know what the cops thought. We know because they’re still alive to tell us, and the 911 call that brought them to the house made abundantly clear that they were about to confront a killer who still held hostages. They went in with the idea that there could very well be more death to come, and they surely had no plan of making their wife a widow that night. What Andrew Finch was thinking is another matter. Police lights outside his home brought him to the door, to look outside to see what was happening. A perfectly normal thing to do, since he couldn’t possibly have a clue why cops were on his street, outside his home. He was a good guy. He had no reason to suspect as he opened the door to his home they were there for him. “Officers gave him several verbal commands to put his hands up and walk towards them. The male complied for a very short time and then put his hands back down to his waist. The officers continued to give him verbal commands to put his…
↧
↧
D.Kan.: Driving unlicensed vehicle not ground for search under search incident or automobile exception
Driving an allegedly unlicensed vehicle doesn’t support a search incident for paperwork on the vehicle. The automobile exception didn’t support a search either because there was no probable cause. After defendant was handcuffed and away from the vehicle, a Long … Continue reading →
↧
OH10: State law requirement of preserving additional testimony to get SW not violation of 4A; complete failure of PC means no GFE; the state has no 4A rights
Prior holding on complete failure of probable cause wasn’t cross-appealed by the state and remains law of the case. Ohio’s Rule 41 that includes that additional testimony besides the affidavit has to be transcribed and made part of the record … Continue reading →
↧
DWI and Resulting Death: What Constitutes Intoxication Manslaughter?
The post DWI and Resulting Death: What Constitutes Intoxication Manslaughter? appeared first on .
↧
2017 White Collar Crime Awards
Each year this blog has honored individuals and organizations for their work in the white collar crime arena by bestowing "The Collar" on those who deserve praise, scorn, acknowledgment, blessing, curse, or whatever else might be appropriate. With the appropriate...
↧
↧
What Happens at My First Court Date for Domestic Violence in Stamford Connecticut?
It can feel like 5-against-1 at your first court appearance: you versus the state’s attorney, bail commissioner, family relations officer, victim, and victim advocate. Domestic violence arrests in Darien, Greenwich and Stamford Connecticut for Disorderly Conduct CGS 53a-182 all report to Stamford Superior Court on the next business morning following your arrest. A hurried restraining / protective order takes place that can order you out of your home, and cut off all contact with your spouse and kids for months. Conditions of release can be ordered such as random drug and alcohol testing, and mandatory GPS monitoring with an ankle bracelet. Try to speak with or hire a top Stamford domestic violence criminal lawyer attorney prior to your first court appearance for a Stamford or Greenwich Disorderly Conduct arrest. It’s 5 against 1 at the First Court Appearance for a Connecticut Disorderly Conduct Arrest If you’ve been arrested for domestic violence Disorderly…
↧
Top-Ten Recent SSRN Downloads in Criminal Procedure eJournal
are here. The usual disclaimers apply. Rank Paper Downloads 1. Assessing Risk Assessment in Action Megan T. Stevenson George Mason University - Antonin Scalia Law School, Faculty Date Posted: 29 Aug 2017 310 2. Criminal Justice, Inc. John Rappaport University...
↧
Unarmed New Hampshire Man Shot By Police
The attorney general’s office is investigating the fatal shooting of an unarmed New Hampshire man by a New Hampshire state trooper. The shooting took place on the evening before Christmas eve, at the junction of Route 4 and Switch Road in the town of Canaan. Victim Jesse Champney, 26, was accompanied by his fiancée Saeti Tobin, 23, who was unharmed but shaken by the experience. The pair have both “had run-ins with the police” in the past, according to local news reports. Enfield Man Shot By State Trooper After Crashing Into Field State Trooper Christopher O’Toole, accompanied by fellow trooper Samuel Provenza, was following Champney’s vehicle for unknown reasons; Champney allegedly tried to evade the officer for fear he would be arrested on an outstanding warrant. After an attempted turn, Champney’s vehicle crashed but neither him nor his fiancée were injured. While Tobin remained in the vehicle, Champney fled into a nearby…
↧
New Expungement Laws in New Jersey
On Wednesday, December 19, 2017, Governor Chris Christie enacted new expungement laws in New Jersey, drastically changing New Jersey’s expungement procedures. The new expungement law in New Jersey will take effect on October 1, 2018. Among other changes, the new expungement law in New Jersey will reduce the waiting periods for expungement eligibility and increase the number of convictions an individual can expunge. More specifically, bill S-3307, which applies to the expungement of adult criminal records, makes several changes with respect to expungement law in New Jersey, including the following: Reduces Waiting Period for Felony Convictions. Shortens the waiting period from 10 years to 6 years for the expungement of felony (indictable) convictions (note that individuals can still apply for an “early pathway” expungement after 5 years). Increases the Number of Convictions That Can Be Expunged. For those individuals who have not been convicted of…
↧
↧
Comparing Formal and Informal Hearings in Illinois
People in Illinois can have suspensions and revocations on their licenses. A driver can get suspended or revoked for a variety of reasons, such as accumulating traffic convictions, a DUI conviction, or other specific traffic offenses that can lead to such a penalty on their own. This article explores the differences between informal and formal […]
↧
Care and Control of a Motor Vehicle: Is there a Realistic Risk of Danger?
Under section 253(1) of the Criminal Code, every one commits an offence who operates a motor vehicle or has care or control of a motor vehicle a) while the person’s ability to operate the vehicle is impaired by alcohol or drug; or (b) having a blood-alcohol concentration that exceeds 80 mg of alcohol per 100 ml of blood. The risk of danger is an essential element of “care or control” under s. 253(1) of the Code. Accordingly, conduct that presents no such risk falls outside the intended reach of the offence. R. v. Boudreault, 2012 SCC 56 (CanLII), at para. 10 & 32. Proving Care and Control The Crown may prove “care or control” three ways: 1. prove that the accused was driving and thus necessarily in care or control. 2. that the accused occupied the driver’s seat of the vehicle triggering the s. 258(1)(a) presumption of care or control subject to rebuttal by the defence. 3. that the accused had care or control of the…
↧
CA10: Smell of MJ authorizes search for MJ, not looking at multiple credit cards
An anonymous caller said defendant was smoking marijuana on his car. This was reasonable suspicion at best. Assuming the smell of marijuana provides probable cause to search, the search was for marijuana, and inspecting credit cards unreasonably expanded the search. … Continue reading →
↧
ID: Failure to repeat “computer” in SW for things to be seized wasn’t a violation of 4A; CA7 typo in LPN can be overlooked
The preamble of the search warrant listed a bunch of digital things to search for and seize but the specific search clause didn’t include “computer.” The search warrant as a whole included computers, and defense counsel wasn’t ineffective for not … Continue reading →
↧
↧
KS: PBT is a search subject to 4A
PBT is a search subject to the Fourth Amendment. State v. Robinson, 2017 Kan. App. LEXIS 89 (Dec. 22, 2017): The State also points out that the PBT is of limited evidentiary value and the results of the test are … Continue reading →
↧
M.D.Ala.: Conclusorily pleading a Franks violation isn’t a sufficient offer of proof
Defendant fails in his Franks argument for a failure of an offer of proof. Merely conclusorily stating the issue isn’t enough. There has to be context and how it was knowingly false. United States v. Martin, 2017 U.S. Dist. LEXIS … Continue reading →
↧
CA10: Scope of consent to search has to be raised in the trial court
The issue of scope of a consent search has to be presented to the trial court to be preserved. This wasn’t. United States v. Vargas, 2017 U.S. App. LEXIS 26869 (10th Cir. Dec. 28, 2017). There is no right to … Continue reading →
↧
More Pages to Explore .....
