Just about everyone remembers a time before text messages. If you had something to discuss, you merely picked up the phone and talked. Unless someone was recording the conversation, the words exchanged were only heard between the parties. Are technology changes for the better? In some cases, the advantages of text messaging speak for themselves. You don’t have to worry about anyone overhearing your conversation. With a few keystrokes, you can tell your spouse what time you’ll be home for dinner. Or even give someone a good keyboard lashing. Like social media posts, text messaging can be hazardous to your case. You might decide to vent about your situation to a friend. In fact, even some innocuous text message can ultimately be used against you. Check out some of the examples below. Text Messages as Evidence Text messages are often submitted as evidence of harassment in domestic violence matters. Consider this recent court decision that came before the New Jersey…
Why You Should Be Worried about Your Text Messages
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Peter Martins confronts sexual harassment charges
As reported in The New York Times, Peter Martins, the longstanding leader of New York City Ballet, has been ousted from his role of instructor at the School of American Ballet (SAB). In the interim, the two organizations will together conduct an investigation into an allegation of sexual harassment against him. Both organizations confirmed that the accusation against Martins, age 71, was set forth in an anonymous letter. Martins is the artistic director and chairman of the faculty at the ballet school. He has managed City Ballet, the company established by the famous George Balanchine, since the 1980s. Both organizations have hired an attorney to perform the investigation. It is believed that Martins had romantic relationships with female dancers. Interviews were recently conducted in which two dancers who previously worked for City Ballet depicted an environment where Martins was known for sleeping with dancers, some of whom received more desirable roles due to their…
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//blawgsearch75.rssing.com/chan-6519914/article29863-live.html
US v. Rodriguez, No. 16-10017 (1-30-18)(Bennett w/Kozinski & Friedland). This is an Az FPD case. In the 9th's reversal of an alien smuggling conviction, there are two important issues: (1) a bad jury instruction for "reckless disregard"; and (2) a confrontation clause violation in the video deposition as the government failed to make a sufficient showing of unavailability. The 9th found that the jury instruction defining "reckless disregard" was flawed. The instruction may have required the defendant to be aware of facts to draw an inference, but it plainly did not require that the defendant actually draw the inference. This was key under the facts of this case. The 9th rejected the government's waiver arguments, concluding too that the government waived any harmless-error review by failing to argue it. Second, the 9th held that the government violated the Confrontation Clause by failing to demonstrate that a deported witness…
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Can you really get a DUI charge when you weren’t even driving?
Sometimes, it seems there is no way to get it right. Let’s review a case where the police can charge you with DUI even if you weren’t sitting upright driving your car. Let’s set the scene: You leave a party where the drinks were flowing a little too freely. On your walk to the car, you realize that driving home in the condition you’re in is definitely not a good idea. Rather than run the risk of getting behind the wheel, you decide that it might be a better idea to catch a few hours of sleep in the back seat of your car. When you wake up a few hours later, you’ll probably end up with a crick in your neck, as well as a headache, but you’ll be sober enough to safely make your way home and there was no harm done. Right? Well….while it is definitely safer not to drive when you’re over the limit, there are still circumstances in which a police officer who comes across you in this situation may be able to charge you with a…
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Prosecutors Must Disclose Witnesses who ID Defendants Before Trial
Unlike what you see on TV, the state cannot just show up at trial and present witnesses and evidence that it has concealed from the defendant. The defendant is legally entitled to be told of information the state has about things like identifying witness evidence. When the state fails to provide this information, a conviction may be overturned, as was the case in a recent case. Witness IDs Co-Defendant The case involved a murder to which there was only one eyewitness, who was prepared to testify that of the two men present at the scene of the crime, and who were co-defendants, she recognizes one co-defendant as not being the murderer (thus implicating the other defendant). The state did not disclose to the defendant before trial that the state had the witness or knew of her testimony. Continue reading
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News release: Police-involved shooting near Shoshone, Idaho, Jan. 30, 2018
Police-involved shooting near Shoshone, Idaho, Jan. 30, 2018 Joint News Release, Shoshone Police Department and Idaho State Police For Immediate Release, Jan. 30, 2018 Contact: Tim Marsano, Public Information Officer, Idaho State Police 208.884.7122 Tim.Marsano@isp.idaho.gov Today, Jan. 30, 2018 at approximately 1:00 a.m., a Shoshone Police Department officer made a routine traffic stop for an infraction within city limits. While the officer was performing a check on the driver after the stop was made, the suspect drove away. The officer pursued the suspect, identified as Jesus J. Malagon, 30, of Hollister, Idaho. The pursuit ended when Malagon crashed his vehicle near the intersection of 450 West and 580 North in Lincoln County. Malagon then exited his vehicle and fired shots at the officer, who returned fire. Malagon was hit by at least one round and incapacitated, which ended the incident; the officer was neither hit by gunfire nor otherwise injured. Malagon was…
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When a Person Commits a Crime, Is There Probable Cause to Search the Person’s Phone for Evidence?
The question in the title of this post is one that I’ve been asked lots of times in different factual contexts. The basic question is, given that most people have cell phones, and that people tend to use their phones to document and to communicate about just about everything that they do, is it reasonable to believe that a person who has committed a crime has evidence of that crime on his or her phone? I don’t see that as categorically reasonable. For example, I doubt that most shoplifters document their shoplifting on their phones, so absent some indication to the contrary, evidence that a person acting alone shoplifted an item doesn’t strike me as providing probable cause to search the person’s phone. But in many circumstances, there will be probable cause to search a suspect’s phone, whether with a warrant or pursuant to an exception to the warrant requirement. That’s particularly likely where a crime is committed by a group (because the…
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How to Get Your Life Back on Track after a DUI Conviction
If you have been charged with DUI, you may be facing several issues such as shame, depression, and social stigma. Fortunately, you can get your life back on track after a DUI conviction and learn from your mistake. Here are several tips that will help you get through this hurdle and move forward with your life. Seek Treatment If Necessary. In some cases, a DUI was the result of one bad decision. However, if you often find yourself getting behind the wheel while intoxicated, you may have an alcohol addiction. If you believe you have an alcohol issue that is affecting your life, career, and relationships, you should seek treatment by contacting your doctor or a local treatment center. Seek Support. Facing a DUI can be an overwhelming experience. Therefore, you should seek support from your family, close friends, or even a professional counselor. Resolving problems on your own could do more harm than good so it is important that you take advantage of loved ones and professionals…
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A SCOTUS amicus opportunity to reiterate some of my views on sentence finality
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California Execution Protocol
The California Department of Corrections and Rehabilitation announced a new execution protocol yesterday. Although Proposition 66 expressly made the Administrative Procedure Act inapplicable, CDCR has chosen to send the protocol to the Office of Administrative Law for publication under an optional procedure.Maura Dolan has this post at the L.A. Times web site.
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Police Charge Texas Man with Murder Following DNA Match from Cigarette Butt
Small samples of DNA are often used to clear up cold cases. Police recently revealed a discarded cigarette butt helped them charge a Texas man over the murder of a 50-year-old woman on Mother’s Day 2016. Byron Lloyd Collins, 29, was recently picked up by authorities at the same complex in Baytown where Natalia Shal died from stab wounds in 2016 according to the Beaumont Enterprise. ABC 13 reported Collins was charged with capital murder. Nataliya Shal, 50, was found facedown in her Baytown apartment. She had been stabbed. Collins is accused of trying to sexually assault Shal before the stabbing, according to court records. Media reports stated Shal’s husband, David Englerth was out of town at the time of the killing. He tried to contact her, but was unsuccessful so he called police and asked them to check on her. Police saw the victim’s body through her apartment window upon arriving at the scene. DNA was recovered from the crime scene. Initial analysis found…
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**Final Update** Crash Blocks Eastbound Interstate Traffic near Eagle
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: 1/31/18 1:40 p.m. Please direct questions to the District Office Final Update: At 8:15 a.m. this morning, January 31, 2018, the Idaho State Police investigated a crash eastbound on I84 at milepost 46, Eagle Rd. Carol Bradley, age 55 of Meridian, was eastbound in an Acura TL when traffic in front of her stopped abruptly. Bradley failed to stop in time, and a chain-reaction crash resulted. The other vehicles and drivers involved were: Jacob Monasterio, age 27, of Twin Falls, in a Chevrolet Silverado, Deanne Burford, age 54 of Middleton, in a GMC Sierra, and Jacquelle Stewart, age 53 of Meridian, in a BMW 328i. Bradley and her passenger, Patrick Bradley, age 43, of Boise,…
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Arbeitsgruppe zu Blockchain und Initial Coin Offering (ICO)
Mit Medienmitteilung vom 18. Januar 2018 hat das Staatssekretariat für internationale Finanzfragen (SIF) bekanntgegeben, dass eine Arbeitsgruppe zu Blockchain und Initial Coin Offering (ICO) ins Leben gerufen wird. Die Arbeitsgruppe besteht aus Vertretern des SIF, des Bundesamtes für Justiz und der Eidgenössischen Finanzmarktaufsicht FINMA. Die Arbeitsgruppe soll in enger Konsultation mit der Branche die rechtlichen Rahmenbedingungen für finanzsektorspezifische Anwendungen der Blockchain-Technologie, mit besonderem Blick auf ICOs überprüfen. Die Arbeitsgruppe wird den Handlungsbedarf im Finanzmarktrecht als auch bei allgemeinen Rechtserlassen (Obligationenrecht, Zivilgesetzbuch etc.) evaluieren. Ziel ist die Attraktivität des Standorts Schweiz im Bereich der Blockchain-Technologie zu festigen, unter anderem auch indem eine technologieneutrale Regulierung angestrebt wird. Die Arbeitsgruppe wird dem Bundesrat bis Ende 2018 Bericht erstatten.…
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Miami Cop Accused of Running Ponzi Scheme and Trying to Flee to Costa Rica
A longtime Miami police officer who patrolled the city’s waterways is also accused of running a ponzi scheme, according to feds. His alleged pitch: Invest in his Costa Rican loan company and expect returns of over 20 percent. Federal prosecutors said Tuesday morning that the pitch was a scam after announcing criminal charges against the man. They claim the money was used only to enrich himself and pay back early investors. The 41-year-old was arrested Monday after FBI agents learned he was suddenly flying to Costa Rica because of an “emergency.” Agents arrested the cop while he was boarding a flight at Fort Lauderdale-Hollywood International Airport. The man is charged with conspiracy to commit wire fraud. Miami internal affairs and the FBI said the man operated his alleged Ponzi scheme between 2011 and 2015. According to a criminal complaint, he offered “low-risk” investments in his company, which he claimed was giving high-interest loans…
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2 Florida Juveniles Charged with Cyberstalking in Girl’s Suicide
Two 12-year-olds have been charged with cyberstalking in connection with the death of a middle school student in Panama City Beach, who committed suicide two weeks ago. The arrests came as the result of an investigation by Panama City Beach Police into the mitigating circumstances around her death on Jan. 10. According to a news release, PCBPD was made aware of potential cyberbullying against the child, which led them to examine several cell phones and social media accounts. Through that investigation, PCBPD developed two 12-year-old suspects, who were then interviewed and allegedly confessed to engaging in cyberbullying conduct. A male and female were charged. PCBPD said in a statement that their investigation did not reveal that cyberbullying was the sole cause of the girl’s death, just that it was occurring at the time of her death. An official ruling on her cause of death has not yet been released by the Medical Examiner’s Office. Cybercrimes can be difficult to…
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Treasure Island man breaks into garage, brews himself some coffee
File this one under “why not”? Per the local paper, a local transient man found himself in hot water for brewing some hot water. Treasure Island Police arrested 51-year-old Raymond Eugene Furr for multiple charges when he broke into a garage and started making coffee. When the homeowner discovered his garage door opened and damaged, he also found the suspect helping himself to the coffee selection. Raymond fled when he was confronted by the owner who quickly called the police. It did not take long for the police to find Raymond Furr as he was arrested less then 45 minutes later. When he was caught, he was found with a pair of scissors in his front pocket. The police charged him armed burglary, petit theft (of the coffee) and criminal mischief (for the garage door). LEGAL ANALYSIS Why ARMED burglary when there was no proof that the suspect was armed at the time of the break in? Could he have been unarmed and then found…
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Spotlighting prisoners still stuck in federal prison because of absence of retroactive application of Fair Sentencing Act
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What is Pretrial Diversion or Pretrial Intervention and How Can I Get It?
You were arrested or given a Notice To Appear. It was a petit theft, grand theft, possession of drugs, or some other non-violent offense. You’ve never been arrested before, or if you have, you have a very minor prior record. You’re scared. You don’t know what to expect. Will you go to jail? Will you lose your job? Will this haunt you forever? In many cases, you may be eligible for pretrial diversion or pretrial intervention. In Duval County, it is commonly referred to as PTI (Pretrial Intervention). For many non-violent, less serious offenses, the prosecutor has the discretion to divert your case from the court system. I often like to refer to it as a kind of front-loaded probation. If you complete certain conditions, the State agrees to drop the charges against you and you may be eligible to have your record sealed or expunged. How can I get PTI? Continue reading
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SJC Sanctions Judges’ Consideration of Victim Sentencing Recommendations
In the recently decided Commonwealth v. McGonagle, the Supreme Judicial Court considered whether a Massachusetts statute that allows victims of crimes to recommend a sentence violates (1) the Eighth Amendment to the U.S. Constitution and Article 26 of the Massachusetts Declaration of Rights (particularly in light of the U.S. Supreme Court’s recent decision in Bosse v. Oklahoma, 137 S. Ct. 1 (2016)); and (2) the defendant’s due process rights. The SJC concluded that consideration of a victim’s sentence recommendation in a non-capital case does not violate either the federal or Massachusetts constitutions. While victims’ accounts regarding the effect of the crime provide relevant information for a sentencing judge, allowing victims to make a specific sentence recommendation seems unfairly prejudicial to the defendant and irrelevant, and the SJC’s reasoning in this case does not go far enough in addressing these concerns. McGonagle involved a…
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Full D.C. Circuit Court, Reversing Decision Below, Holds that CFPB’s Independent Structure is Constitutional; also Reinstates Important RESPA Rulings
In a long-awaited constitutional decision regarding the Consumer Financial Protection Bureau (“CFPB”), the full D.C. Circuit Court of Appeals today in PHH v. CFPB reversed a prior ruling by a three-judge panel that the CFPB is unconstitutionally structured. As we previously reported, that prior panel’s prior decision — stayed since its issuance in October 2016 — had held that Congress had unconstitutionally impeded the President’s Article II authority to “faithfully execute[]” the laws by creating an independent agency headed by only a single Director (as opposed to a multi-member commission structure). The prior panel’s remedy had been to strike language from the Dodd-Frank Act that makes the Director removable only “for cause,” a change that would have made the Director removable at the pleasure of the President and turned the CFPB from an independent agency into an executive agency, with other…
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