Playpen warrants (where the seized server was in the Eastern District of Virginia) were valid, and the good faith exception applied because it wasn’t readily apparent that the USMJ exceeded his or her jurisdiction or that that would be a … Continue reading →
CA4: Playpen SW sustained
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ME: Inevitable discovery doctrine doesn’t provide an incentive for police misconduct
The drugs here would have been inevitably found one way or the other. The inevitable discovery rule doesn’t provide the police an incentive to not comply with Fourth Amendment protections. State v. Prinkleton, 2018 ME 16, 2018 Me. LEXIS 15 … Continue reading →
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CA9: Police officers have no REP in their own body camera videos
Police officers have no reasonable expectation of privacy in their own body camera videos. Santa Ana Police Officers Association v. City of Santa Ana, 2018 U.S. App. LEXIS 1980 (9th Cir. Jan. 25, 2018): Plaintiffs-Appellants’ Fourth Amendment unreasonable search or … Continue reading →
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CO: Def had no REP in the GPS his bondsman made him wear
The defendant was on bail, and his bondsman monitored him by GPS. The police obtained the GPS information to connect him to another crime. He had no reasonable expectation of privacy in the bondsman’s GPS. People v. Campbell, 2018 COA … Continue reading →
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Felon Father Found With Firearms in Reach of Children
Four children were taken into custody by the Los Angeles County Department of Child and Family Services on Tuesday when a child abuse investigation at their home uncovered illegal firearms and ammunition stored in the open and unsecured. Paul Anthony Cruz, a father and convicted felon, was being interviewed by South Pasadena police at his home on January 23, due to suspicions that his children were being abused. A social worker from the Los Angeles County Department of Child and Family Services was also present. While inside the home and speaking to the father, officers allegedly discovered a semi-automatic assault-style rifle that was fully loaded inside of the bedroom of one of the children. The social worker took custody of the four children residing with Cruz; three youngsters and one 11-year-old boy. Continue reading →
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House Bill Could Speed Up Deportations
The Trump administration has repeatedly stated its willingness to deport undocumented immigrants. However, the system of deportation hearings is cumbersome and there is a massive backlog for hearing. Legislation passed in the summer may speed up deportations. Two hardline immigration bills were passed in June. This legislation will penalize illegal immigrants who offend and local jurisdictions that refuse to work with federal authorities to deport them. The bills, Kate’s Law and the No Sanctuary for Criminals Act, passed on party lines. President Trump tweeted that the legislation would make America safe again. The No Sanctuary for Criminals Act is intended to prevent “sanctuary cities” that do not fully cooperate with federal immigration enforcement from receiving many federal grants. The Washington Post noted the law leaves sanctuary cities vulnerable to liability lawsuits from victims of crimes committed by undocumented immigrants. Bills…
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New York Crimes Involving Houses of Worship and Religion: Felonies Against Churches, Mosques, Temples and Synagogues
Tension between religious groups and ignorance about others’ religious beliefs can manifest its head in very ugly and illegal ways. Sometimes it is violence against individuals who share a different religion while other times the target of these attacks are the physical houses of worship – synagogues, churches, mosques, temples and other places for prayer. Regardless, New York State gives the police and District Attorneys the tools to protect people rightfully practicing their religion and their respective places for prayer. Whether punishable as misdemeanors or felonies, the following blog entry briefly identifies and discusses some of the chargeable offenses that one could face upon arrest for damaging or defacing a house of worship or obstructing those who seek to exercise their freedom of religion. While by no means a list of all crimes, one of the more common offenses that the police can charge in New York is a degree of Criminal Mischief. Simply, if a person…
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OH5: Meeting drug buyer, going home, returning to the place of sale was nexus
Defendant met a drug buyer, drove to his house, and reunited with the buyer for the transaction. This gives sufficient probable cause for nexus to house. State v. Detamore, 2018-Ohio-297, 2018 Ohio App. LEXIS 274 (5th Dist. Jan. 25, 2018). … Continue reading →
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Me gustas .....Poesía
Me gustas desde la frente A los pies. Pienso en la noche obscena Y su alborada, cuando desnuda Te acaricie con estas manos ¡Que pronto dejarán de ser pellejo!. Me gustan tus ojos tienen el Color de la vida moderna y tu mirada Retando a la hombría, paseando Vestidos por el mundo. Me gustan tus labios regios y de pasión Profana. Me gustan tus senos, como a los bebés Sus garabatos descubriéndose para Una sociedad poco inteligente. Me gustan tus suaves bellos, arrancarlos Uno a uno con mis dientes imagino, Dejando libre de ataduras tu secreto Al que utilizas con calculada maldad Algunas veces. Me gustas cuando gimes envuelta En la lujuria y la cadencia del sexo Y me difamas si descanso mi Rostro entre tus nalgas. Me gustas, desde la frente A los pies. 28-01-2018 Guillermo Anderson Anderson Los derechos son del ser humano.
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Cosby Moves To Dismiss
It outraged the many people who were absolutely certain Bill Cosby was guilty, because they read stories in the paper and believed, that the jury hung. This was still in the early days of believe the victim, evidence be damned, and why not toss out all those legal technicalities which prevent the “survivor” from obtaining “justice.” But Cosby has been off the radar, as others who have done terrible things, nothing, and who-knows-what have become the targets of public castigation. In the interim, Cosby retained a new defense team, headed by Tom Mesereau, and they’ve been quietly doing the work of lawyers. Defense lawyers Thomas Mesereau Jr., Samuel W. Silver and Kathleen Bliss filed court documents Thursday contending alleged victim Andrea Constand previously testified the sexual assault occurred at Cosby’s Cheltenham home before Jan. 20, 2004, forcing prosecutors to prove that the incident occurred on an evening somewhere within a 22-day…
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Social Justice? You Were Warned
For quite a while now, readers of SJ have “informed” me that they agreed with my posts about criminal law, but hated my posts that addressed the blight of identity politics and social justice. How could I be so right about one thing and so wrong about . . . wait for it . . . JUSTICE!!! But it wasn’t just that I was wrong, but needlessly and gratuitously wrong, since none of this had anything to do with the real world. Until it did. For some time, a fixation on identity politics, a culture of reflexive outrage, and a scorched-earth approach to trivial transgressions have been all hallmarks of student activism and academic radicalism. They are now becoming increasingly evident in American life as a whole. In the name of defending women and ethnic and sexual minorities — all reasonable goals — progressives on and off campus are taking illiberal stances that polarize society, put a chill on free speech, and erode respect for due process. Not long…
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Short Take: The Vagina Vote
Women aren’t just marching. They’re running. And it’s about time.The failure to tap a vast pool of American society, whether because of sex, race, sexual preference or any other irrelevant criterion, has deprived all of us of contributions that could make us a better, smarter, stronger nation. And finally, women are going for it. “Call it payback, call it a revolution, call it the Pink Wave, inspired by marchers in their magenta hats, and the activism that followed,” Alter writes. “There is an unprecedented surge of first-time female candidates, overwhelmingly Democratic, running for offices big and small, from the U.S. Senate and state legislatures to local school boards.” This is a great thing, even if Charlotte Alter doesn’t quite understand why. First, it’s easy to throw stones from the shore to make tiny, self-serving ripples in the huge and complex pond that comprises the running of government. They may start…
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Avoiding Crime and Scams During Super Bowl Week
We’re less than a week away from kickoff of the Super Bowl here in Minneapolis, and the Twin Cities certainly have a distinct buzz about them. Hotels around the area are already filling up, and we expect to see a huge influx of people to the area from all corners of the US in the coming days. With this large uptick of outsiders in a small area comes the increased likelihood of crimes and scams. So today, we’re going to share some tips for avoiding becoming victimized during Super Bowl Week. Crime Prevention and Super Bowl Week You might think a few of these tips are pretty common sense, but they bear repeating, because odds are you’ll hear stories about all of these issues in the coming days. 1. Don’t Let Your Unattended Vehicle Idle – We understand that it’s not fun to get in a cold car and wait while it warms up, but leaving your unattended car idling makes it a prime target for car thieves. It only takes a couple seconds for a thief to…
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Real-Time Cell Phone Tracking Update, Including a New Case
The Court of Appeals of North Carolina recently decided a case about police obtaining real-time location information from a suspect’s cellular service provider. The case does not address the principal controversy concerning such information. Nonetheless, it provides a good refresher on the issue and marks a good time for an update on the national controversy about this issue. The case is State v. Forte, __ N.C. App. __ (Jan. 16, 2018). It began when Greenville officers arrested a heroin dealer who agreed to set up his supplier. The informant provided his supplier’s cellular telephone number to the officers, who obtained from a superior court judge an order entitled “Order Authorizing Pen Register/Trap and Trace and Disclosure of Records and Other Information Pursuant to 18 USC § 3123 and 2703(d).” The order is part of the record on appeal, which is available here. The Greenville officers enlisted the SBI, and SBI agents were able to use the order to…
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Sealing Your Arrest Record in California Just Got Easier (CARE Act)
If you are arrested, there will be a record of your arrest regardless if you are convicted of the crime. Having an arrest record could harm your chances of getting a good job, getting admitted to the college of your choice, or being able to achieve other business successes. Fortunately, a law that recently took effect in California called the Consumer Arrest Record Equity Act (CARE Act) may make it easier for you to seal your arrest record so that it does not impact you anymore. What is the CARE Act? (PC 851.91) Continue reading →
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"The Effects of Pretrial Detention on Conviction, Future Crime, and Employment: Evidence from Randomly Assigned Judges"
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Georgia Bail Bondsman is Accused of $24,000 Theft
Bail bonds play an integral part in the criminal justice process. However, in Georgia, a well-known bail bondsman is now facing charges after she was arrested. The Newnan Times-Herald reported Gina Martin Dodds, 39, was taken into custody by the Coweta County Sheriff’s Office. She was charged with one count of theft by conversion and later released on a bond. The Times-Herald reported her former employer, 24/7 Best Bonds told investigators they allege she stole money from the company from May of 2016. The media report cited a police record that stated the amount totaled $24, 250. The police report stated when Best Bond Owner Julie Ford realized money was not properly documented, she completed an audit on her business dating back to January 2016. The audit allegedly included the bonds that Dodds signed. The Times-Herald report stated the final paperwork allegedly showed Dodds collected 53 bonds. She is accused of not turned the money over to the company, stated a CCSO…
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Foreign Policy Research Institute: A Response to “Americans, the NSA is Still Listening: Section 702 is Alive and Well”
Foreign Policy Research Institute: A Response to “Americans, the NSA is Still Listening: Section 702 is Alive and Well” by George W. Croner: With Section 702 of the Foreign Intelligence Surveillance Act (FISA) now reauthorized for the next six years,[1] … Continue reading →
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The Intercept: Transparency Advocates Win Release of NYPD “Predictive Policing” Documents
The Intercept: Transparency Advocates Win Release of NYPD “Predictive Policing” Documents by Ali Winston: Late last month, a Manhattan judge ordered the New York City Police Department to release documentation about the department’s use of secretive and highly controversial ‘predictive … Continue reading →
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Crash I-84 near Gowen exit 57
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: Monday- January 29, 2018 11:55 a.m. Please direct questions to the District Office On Monday, January 29, 2018, at 9:00 a.m., the Idaho State Police investigated a single-vehicle, rollover crash on I-84 near exit 57, the Gowen Road exit. Magen Merkle, 41, of Meridian, was driving westbound in a 2011 Ford transit van. The van drifted off the shoulder where she overcorrected and the van overturned. Merkle was wearing a seatbelt and transported by ground ambulance to St. Alphonsus Regional Medical Center in Boise. The exit ramp was blocked for approximately 30 minutes while crews worked to clear the scene. The crash is under investigation by the Idaho State Police. 3632/3761…
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