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W.D.N.Y.: The stairwell of a hotel was a public place for arrest purposes

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The government had detailed facts connecting defendant to a bank robbery and traced his movements, some with surveillance video. This was probable cause, and his arrest was in a public place, the stairwell in a hotel. United States v. Peeples, … Continue reading →

New York Theft and Larceny Laws: Restitution Amounts and Procedures Upon Conviction and Sentence

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In New York, a court may impose restitution as a component of sentence, in addition to the more commonly understood penalties of jail time, community service, orders of protection, and so on. Section 60.27 of the New York State Penal Law permits a sentencing court to order restitution to the victim of the crime in addition to any other dispositions authorized by statute, meaning it can be tacked on to any other type of sentence. Restitution on criminal charges may not include sums for pain and suffering or liquidated damages, as in civil cases, and it may not be greater than what is necessary to compensate the victim of a crime for out-of-pocket losses. All of this can be a part of a disposition or plea involving Grand Larceny and Criminal Possession of Stolen Property crimes and, as such, it is something that you and your criminal defense lawyer should work through before resolving your case. Typically, if restitution is part of a sentence, it will be part of a negotiated…

The Carceral Lies We Tell Ourselves

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There’s an old joke that captures the problem pretty well: I love humanity. It’s people I can’t stand. And while you may be unable to see the connection, it’s painfully obvious to those calling the shots. You are full of empathy, until you’re not. In a twitstorm, Fordham law prof John Pfaff pointed out a reality that has long been clear to those of us engaged in criminal law, but miraculously eludes the unduly woke. It discusses a poll showing that Americans, by a margin of 85% to 13%, favor rehabilitation as the goal of the criminal justice system. And of course you do. Except when you don’t. Prove it? Okay. Stanford lawprof Michelle Dauber’s jihad against Brock Turner, culminating in her effort recall Judge Aaron Persky for being too lenient in sentencing. More? Fair enough. The feminist adoration of Judge Rosemarie Aquilina for wishing prison rape upon Larry Nassar. Too female-focused? Then Tyrone Howard. And, of course, the…

An Indisputable Opinion About Maple Walnut Ice Cream

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I like maple walnut ice cream. Other people may not, and based upon my experience at ice cream parlors, it’s not a sufficiently desirable flavor to be worth the freezer space. But I like maple walnut. I like it a lot. When it’s there, that’s the flavor I order. Because I like it. It’s not that I hate other flavors. I like pistachio (the real kind, not the funky green stuff). I like vanilla. I other flavors too. But I really like maple walnut. It’s my favorite flavor. So to me, maple walnut is the best flavor of ice cream. I don’t care for chocolate. I know, but it’s true. You disagree? You’re wrong. It’s not that you can’t prefer a different flavor. It’s not that you can’t proclaim that maple walnut ice cream bites the big one. You can hate on maple walnut all you want, but that doesn’t change anything as far as I’m concerned. I like it. Whether you do or not has nothing to do with what I like.…

ALFREDO BULLARD Y LA PISCINA EDUCATIVA, UN ALEGATO A FAVOR DE LA CORRUPCIÓN

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https://elcomercio.pe/opinion/columnistas/fatal-arrogancia-alfredo-bullard-noticia-492487 “La semana pasada escribí en esta misma página (“Mi mercadito”, 20/1/2018) sobre el absurdo de la moratoria (prohibición) para la constitución de nuevas universidades y los esfuerzos regulatorios de mejorar la educación con ideas tan aparentemente brillantes como realmente inútiles. Como suele pasar, muchas personas, sin duda inteligentes (aunque otras no tanto), criticaron la idea. Me tildaron de ignorante, de no leer lo suficiente, de no revisar los números de lo que ha pasado con la educación, de no entender la calaña de las universidades privadas creadas bajo un régimen de libre iniciativa.” No es el párrafo que antecede con el que inicia su comentario el colega Bullard, lo hace, fiel a su estilo, con un ejemplo que para él, nos lleva de la mano al tema del asunto y que…

What Should I Do When Connecticut DCF Shows Up at My Door?

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Connecticut Department of Children & Families (DCF) investigators are law enforcement agents who have the power to remove your children from your home. If you don’t cooperate with DCF, they can take you to court to order in-home services, drug testing, addiction counseling, and placement of your children in foster care. While most DCF investigations don’t result in removal or custody proceedings, DCF involvement in your family can be scary, especially if you don’t understand the investigation process. Talk to a top Connecticut DCF investigation lawyer attorney before signing any paperwork DCF puts in front of you. Do I Have to Speak with Connecticut DCF? Do I Have to Let DCF Into My House? No, not immediately. While you may eventually want to speak with Connecticut DCF investigators, you usually have the right to tell them that you first want to talk to a top Connecticut DCF investigation attorney to fully understand your rights. DCF just doesn’t…

Police officers found liable for excessive force in SWAT raid

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This week, the city of Lakewood and its police chief announced their intentions to appeal a $15 million verdict awarded last summer to the family of Leonard Thomas, a thirty-year-old,… read more → The post Police officers found liable for excessive force in SWAT raid appeared first on Pate & Johnson Law Firm.

IN: FBI’s search was used in state court; since state doesn’t recognize attenuation, the uncontested suppression of the search also suppresses def’s statements

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The FBI’s search of defendant’s computers was governed by the Indiana Constitution in state court, and the search was unlawful under that. Since Indiana doesn’t recognize the attenuation doctrine, defendant’s statements are suppressed as well. Wright v. State, 2018 Ind. … Continue reading →

E.D.Va.: A claim that government agents disclosed the contents of the search of his house to FoxNews didn’t state a claim under The Privacy Act, 5 U.S.C. § 552a

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A claim that government agents disclosed the contents of the search of his house to FoxNews didn’t state a claim under The Privacy Act, 5 U.S.C. § 552a. “Rule 41 does not authorize a court to manage the collection, storage, … Continue reading →

Apropósito de los supermercados en Tacna Y "SOCIEDAD MINERA SAN MIGUELITO S.A.C"

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Recuerdan amigos y amables lectores la iniciativa de construir "Supermercados en Tacna" dentro de los cincuenta km de zona de frontera a la que muchos, entre ellos el suscrito nos opusimos, iniciativa que, además, mereció  encendido comentario del pintoresco General Donayre hoy congresista por Ayacucho me parece, bueno, no sé que ha pasado con el asunto, pero el siguiente es otro "avance" en ese sentido que, recuerdo muy bien, hice notar sosteniendo que el tema de los "Supermercados" era una suerte de probar a la población para en el futuro (ya llegó) se den otros encantadores permisos.LOS QUE SABEN SOBRE EL TEMA DEBERÍAN OPINAR, por ejemplo GREGORIO SANTOS, los de "nuevo Perú" y los políticos que se opusieron con toda razón al contrato de construcción del Aeropuerto de Chincheros. PRESIDENCIA DEL CONSEJO DE MINISTROS Declaran de necesidad pública la…

"Montgomery Momentum: Two Years of Progress since Montgomery v. Louisiana"

Trials in Ambush Style Homicide Results in One Acquittal and One Life in Prison

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The four boys were attending a party in Homestead when they apparently got bored and decided to leave. They drove around the area for a while in Quentin Vicks’ Ford Taurus stopping at a liquor store before moving on to the area of Mr. Vick’s neighborhood of Hidden Grove. At the same time the four young men were en route to the South Miami apartment complex. Robert Nelson was making his rounds for his employer; 50 State Security, in his company car. He had previously worked as a flight attendant before taking the armed yet un-uniformed security job. Their paths crossing ended in tragedy with the ambush style murder of the security guard. Nelson was well liked at the apartment complex which was located at the intersection of Southwest 271 Terrace and 138 Avenue close by to the Crystal Learning Center. One neighbor who was interviewed recalled Nelson helping his wife to the door of their apartment in the late night hours when it was very dark outside. “He shined…

WaPo: How to fight mass surveillance even though Congress just reauthorized it

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WaPo: How to fight mass surveillance even though Congress just reauthorized it by Bruce Schneier What the battle looks like after Section 702′s reauthorization.

The Verge: Exclusive: ICE is about to start tracking license plates across the US

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The Verge: Exclusive: ICE is about to start tracking license plates across the US by Russell Brandom: The Immigration and Customs Enforcement (ICE) agency has officially gained agency-wide access to a nationwide license plate recognition database, according to a contract … Continue reading →

D.Nev.: There is no REP from a govt license plate reader’s collection of one’s movements

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There is no reasonable expectation of privacy from a government license plate reader collecting information on the movements of one’s car. It can’t be compared to GPS tracking, and it’s not an electronic trespass. United States v. Yang, 2018 U.S. … Continue reading →

Imagining a productive tax break for marijuana businesses to provide drug education

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Last week I spotlighted this article published at the Cannabis Law Report titled "An Introduction To The Internal Revenue Code For Cannabis Businesses." The piece was authored by Chris Nani, a student in my Marijuana Law & Policy seminar last semester, and now available here via the Cannabis Law Report...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/DVliRBOosW8" height="1" width="1" alt=""/>

Pope on Medically Assisted Suicide

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Thaddeus Mason Pope (Mitchell Hamline School of Law) has posted Legal History of Medical Aid in Dying: Physician Assisted Death in U.S. Courts and Legislatures (Forthcoming in New Mexico Law Review) on SSRN. Here is the abstract: Terminally ill patients...

Injury crash SH41 mp 10, Rathdrum

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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: 01/27/2018 6:00 PM Please direct questions to the District Office On January 27th, 2018 at 1:06 pm an injury crash occurred on Highway 41 near milepost 10 just north of Rathdrum. A 17 year old juvenile male was southbound when he lost control and drifted off the right shoulder of the roadway. He then crossed Gunning Road and struck a light pole. He was extricated from his 2001 Ford Ranger and transported to Kootenai Health in Coeur'd Alene, ID. The juvenile was wearing a seat belt. The crash remains under investigation. 2815 -------------

Crotts to Speak at Probate Inventory and Final Accounting CLE

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Attorney John Crotts has been invited to speak at the Probate Inventory and Final Accounting CLE in Charlotte, North Carolina on Thursday, February 15, 2018.  Mr. Crotts will present on “Preparing for the Final Accounting.”  His focus will be on formal vs. informal accounting, documents needed, and matching the inventory with the final accounting. EVENT DETAILS To learn more about this CLE or to register for this upcoming event, follow this link: Probate Inventory and Final Accounting. ABOUT ATTORNEY CROTTS John B. Crotts is a partner with the firm of King Law Offices PLLC, located in Rutherfordton, North Carolina. Mr. Crotts practices primarily in the areas of wills and estates, elder law, business law, municipal law, civil litigation, and criminal law. He serves on the Board of Directors for the Rutherford County Juvenile Crime Prevention Council and previously served on the Board of Directors for Foothills Credit Counseling, Inc. Mr. Crotts earned his…

Cal.5th: SVP’s dorm is virtually like a prison cell subject to random warrantless searches

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Defendant is a sexually violent predator (SVP), and he’s institutionalized. His custodial status shares all the attributes of being in prison, including institutional security. The only place an SVP could hide child pornography is in his dormitory room. His room … Continue reading →
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