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NYTimes: The Failed War on Drugs

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NYTimes: The Failed War on Drugs by George P. Shultz and Pedro Aspe: The war on drugs in the United States has been a failure that has ruined lives, filled prisons and cost a fortune. It started during the Nixon … Continue reading →

There are six pending SCOTUS Fourth Amendment cases

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Six pending SCOTUS Fourth Amendment cases

New Year’s Day: Reflection, Not Resolution

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1930 was not looking so good, either. Reflection without discipline can be self-indulgent, especially as the year draws to a close and a new one opens before us. So, let us impose discipline; avoid white-collar crime (there will be plenty in 2018); and focus on music, booze and books. First, music is especially appropriate at this season, whether for reflection or not.  Here is the Miles Black Quintet, Jazz For The New Year: As jazz critic for the Wall Street Journal (and JazzWax blogger) Marc Myers notes: Sixty-three years ago, on New Year’s Day in 1955, pianist Teddy Wilson, bassist Milt Hinton and drummer Jo Jones went into a studio for Norgran Records and recorded The Creative Teddy Wilson, a 12-inch album. When Norman Granz founded Verve a year later for Ella Fitzgerald, the Wilson tracks were soon reissued on the label with a new title—Teddy Wilson: For Quiet Lovers. Read the entire post here, and listen below: Benjamin Britten (1913-1976) Then…

How can you successfully encourage safety in the workplace?

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As you work to build and emphasize a lasting company culture in your Kentucky business, one of your primary points of focus should be on employee safety. Embedding this critical concept into the core of your culture is an excellent way to positively remind your employees of the importance of abiding by protocols designed to protect them and create a productive work environment.  While there are lots of different ways to inform your employees about worker safety, your approach to providing educational opportunities and trainings can make all the difference in how effective your message is delivered and accepted. According to EHS Daily Advisor, some of the ways that you can encourage your employees to stay safe without coming across abrasive, include the following: Build safety into your culture: Rather than casually mention safety or avoid discussing safety topics until "the right time," do yourself a favor and imbed safety protocols into your culture. When your…

Texas getting better at identifying problems at juvie facilities, but not fixing them

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In reaction to revelations of dysfunctional youth prisons, advocates including your correspondent have been calling to dismantle them and shift to smaller facilities located closer to the urban areas from which most of the youth first came. (Check out Grits' interview with former Dallas News reporter Brandi Grissom on the topic.) I still think that's a good idea.But we must then pay closer attention to how locals are treating juvenile offenders under their care. For example, inmates at one secure youth-treatment center in Dallas may go months without being allowed to exercise outside. Here's the lede to the Dallas News article breaking the story:Unused basketball courts at the Lyle B. MedlockYouth Treatment Center in South DallasDeath row inmates in Texas are given at least an hour a week outdoors. Hardened criminals inside California's famous San Quentin prison get 10 hours.Yet kids at a Dallas County correctional center for…

Harris on Racial Profiling

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David A. Harris (University of Pittsburgh - School of Law) has posted Racial Profiling (In 2 Reforming Criminal Justice: Policing 117 (Erik Luna ed., 2017)) on SSRN. Here is the abstract: This chapter [in the multi-volume Reforming Criminal Justice project]...

All About Private Investigators (“PI”) in South Carolina

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Lawyers in Charleston, SC - Futeral and Nelson, LLC The Charleston, SC attorneys at Futeral & Nelson have utilized private investigators for a number of reasons over the years, including gathering evidence of adultery in divorce cases, serving papers in family court or civil cases, or interviewing witnesses in criminal cases. To utilize effectively the money you spend on a private investigator (often called [...] The post All About Private Investigators (“PI”) in South Carolina appeared first on Futeral & Nelson LLC.

Michigan Driver’s License Restoration and Clearance Appeals – Medication Warning

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The use of certain prescription drugs is one of the most overlooked things that can completely derail a Michigan driver’s license restoration or clearance appeal. There is no mention of this in the Michigan Secretary of State’s “Driver License Appeal Practice Manual” or “Driver License Appeal Promulgated Rules” (both last updated in 2005), so the only way a lawyer learns about the role of drugs in license appeal cases is by finding out it the hard way. It has been a while since I’ve addressed this topic and, with recent and ongoing developments in Michigan’s Medical Marihuana law (for my part, I have always spelled it “marijuana”), I think it’s time we look at this rather deep subject over several installments. In this piece, I am going to look at the role of prescription medications excluding medical marihuana, which we’ll cover in an upcoming, separate article. Our examination here begins with the…

Prez Reagan's Secretary of State laments "The Failed War on Drugs"

Aktualisierungen zum Automatischen Informationsaustausch (AIA)

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Das Staatssekretariat für internationale Finanzfragen (SIF) hat im Anschluss an die Beendigung der parlamentarischen Arbeiten die Liste der Staaten und Territorien, mit denen die Schweiz den AIA eingeführt hat, aktualisiert. Mit Hilfe des globalen Standards für den AIA soll die Steuertransparenz erhöht und die grenzüberschreitende Steuerhinterziehung verhindert werden. Nebst der Schweiz haben sich über 100 Staaten, darunter alle wichtigen Finanzzentren, zur Übernahme des Standards bekannt. Die rechtlichen Grundlagen für den AIA hat die Bundesversammlung im Dezember 2015 genehmigt. Sie sind am 1. Januar 2017 in Kraft getreten. Im Jahr 2018 wird die Schweiz erstmals mit ausgewählten Staaten gegenseitig Informationen über Finanzkonten austauschen. Für den Vollzug ist die Eidgenössische Steuerverwaltung (ESTV) zuständig. Weitere Informationen finden sich auf der Webseite der ESTV. Zur Erinnerung: für in der…

Defense of Property and Washington No-Contact Orders

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Property disputes, property damage, or outright theft sometimes occur following a romantic breakup or a fight between romantic partners.  While it is understandable for a person to want to retrieve their property, trying to get the property back in violation of a no-contact order could result in criminal charges.  Washington civil protection order attorneys know that the theft or property damage may not provide a successful defense to those charges. A Washington appeals court recently reviewed a case in which the defendant raised a defense of property defense surrounding the violation of a no-contact order.  A domestic violence no-contact order prevented the defendant from contacting a woman he had previously dated for several years. According to the defendant, he was loading boxes from his son’s garage in his car.  He left his cell phone in the car, which had a broken window.  He saw someone walking down the street but could not tell who it…

KS declines to decide whether odor of MJ on the person is PC because here there was more than just that

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Defendant didn’t dim headlights and officers stopped the car suspecting inattentive driving. The smell of marijuana coming from the car was obvious. “We decline the State’s offer to embark on a new legal proposition that would allow Kansas law enforcement … Continue reading →

OH3: Narc told patrol officer def was drug suspect, and patrol officer ran DL and found it was suspended; stop valid despite pretext claim

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A patrol officer was told that defendant was a drug suspect. He was told because he had stopped defendant before and was familiar with him. He ran defendant’s name through the state computer and it showed that defendant had no … Continue reading →

OH5: Working meth lab is exigency

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Defendant was initially stopped with information from a CI amounting to reasonable suspicion that he was purchasing precursors and ingredients to manufacture methamphetamine. When the police got to his house, it was apparent there was a working meth lab, and … Continue reading →

MI: Electric company’s use of smart meters is not state action for 4A purposes

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The electric company’s decision to install smart meters is not a Fourth Amendment issue because the company is a private actor. In re Consumers Energy Co., 2017 Mich. App. LEXIS 2161 (Oct. 10, 2017, published Dec. 28, 2017). The state … Continue reading →

Injury Crash Near Beaches Corner on US26.

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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: 01/01/18 10:10 P.M. Please direct questions to the District Office On January 1, 2018, at approximately 6:30 P.M., Idaho State Police investigated a two-vehicle injury crash at the intersection of E 49th N and US26, near Beaches Corner. Amanda Butikofer, 29, of Idaho Falls, was driving southbound on E 49th N in a 2015 Honda Civic. Butikofer failed to yield at the intersection of E 49th N and US26, and was struck by Austin Winder, 20, of Idaho Falls, who was driving eastbound on US26 in a 2003 Jeep Liberty. Butikofer continued through the intersection, drove off the road striking a highway sign, then through a parking lot, coming to rest against the corner of a building. …

Parents Accused of Attempting to Trade Children for Drugs or Money

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On Friday, the parents of two young boys who authorities allege tried to trade their children for money, or possibly drugs, have entered a plea of no contest to charges of felony attempted child abandonment. Lancaster residents Vincent Calogero and Sarah Nilson, the parents of two toddlers, were reportedly under the influence of a controlled substance when they began offering the children to strangers. The sheriff’s department speculated that they were trying to give the boys away in order to obtain cash or narcotics. Deputies dispatched to the family’s home to investigate reported child abuse and arrested 38-year-old Calogero and 32-year-old Nilson. Continue reading →

AP: “Man sits in jail when drywall powder is mistaken for cocaine” because a drug dog said it was cocaine

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AP: Man sits in jail when drywall powder is mistaken for cocaine: OVIEDO, Fla. (AP) — A Florida man spent 90 days in jail after police officers who stopped him for driving without headlights said white powder found in his … Continue reading →

ONE DOWN

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363 days to go. Welcome to 2018.  Don't forget that when you write a check or fill out a certificate of service. 2018. Not 2017. And no more Happy New Years please. We've have had quite enough of those. If you are a long-time and careful reader, then you have followed our advice and you are reading this post from the comfort and safety of your home, vacation home, or hotel suite. You have been smart enough to not allow a judge to set your case for trial for the first week of the year. This is because, as we have warned our readers for the last decade and a half, the very worst time to have your case set for trial is the first week of the year. Judges and prosecutors have spent the last few weeks pondering 2017 and lo and behold, they have determined that their problems all stem from being too lenient and not trying enough cases. Thus opportunity meets timing, and the result is some of the most massive, severe sentences being handed out at the end of the…

US Citizen Held by ICE for Three Years is Denied Compensation

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It seems unbelievable that someone who is a U.S. citizen can be held by immigration authorities for three years. But this happened to a citizen held by ICE who failed to secure legal representation. A report on NPR noted Davino Watson was also denied compensation for his three-year ordeal. Watson told immigration officers that he was a U.S. citizen. He said the same thing to jail officials and a judge. Watson lacked an immigration lawyer of his own in the proceedings. There is no right to receive a court-appointed attorney in the immigration court. Watson was just 23. He lacked a high school diploma when he entered ICE custody. NPR noted he wrote a letter to immigration officers. He also attached his father’s naturalization certificate. He repeatedly told officials he was a U.S. citizen. Citizen held by ICE is denied compensation It was not enough to prevent Immigration and Customs Enforcement (ICE) officials from detaining Watson as a deportable alien for nearly 3 1/2…
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