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Eastbound I90 near Coeur d'Alene blocked with crash

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police Regional Communication Center - North 615 W Wilbur Ave Suite A Coeur d'Alene, Idaho 83815 Please direct questions to the appropriate District Offices District 1 (208) 209-8620 Fax (208) 209- 8618 District 2 (208) 799-5150 PRESS RELEASE FOR DISTRICT ONE CASE # C15002105 --------------------- PRESS RELEASE ----------------------------- DATE: 02/23/2018 TIME: 5:20 AM LOCATION: EB I90 mile post 11 Eastbound I90 near mile post 11 (Ramsey Rd/Northwest Blvd overpass) in Coeur d'Alene is currently completely blocked due to a crash. Please consider alternate routes to avoid the area. DSP INITIALS SJT -----------------------------------

Expansion of Custody Rights for Deployed Military Members

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Expansion of Custody Rights for Deployed Military Members As an effort to widen control military service members being deployed have over issues concerning their children is sailing through the Florida House and Senate, opposition from the Family Law Section of the Florida Bar has emerged. House Bill 1217, known as the Uniform Deployed Parents Custody and Visitation Act, sponsored by Rep. Larry Metz, R-Groveland, and a sister bill in the Senate, SB 1598, sponsored by Sen. Kathleen Passidomo, R-LaBelle, have both sailed through committee in both chambers. The act which has been enacted in 13 states, provides for more parameters for parents deploying for service to find agreements for their child’s care. The sweeping new 19-page bill would allow for a deploying person to enter into quick agreements for child time-sharing and custody issues with the other parent. Also, it allows for timely court hearings to decide settlements if there are…

Teen Student and Special Needs Teacher Caught Together in Hotel Room

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On Sunday police discovered a Texas middle-school teacher and her former 15-year-old student together in a hotel room. 29-year-old Crystal Nicole Rodriguez has been a special needs teacher for the past two years at Page Middle School. In addition, she was a girls’ basketball, track, soccer, and volleyball team coach at the San Antonio learning institution. On February 18 Rodriguez was taken into custody for allegations that she was having a sexual relationship with a former teenage student when the pair was discovered together in a hotel room by the authorities. Rodriguez and the girl were found in bed together, and the police report reflected that Rodriguez gave them a statement confirming a sexual relationship between herself and the purported victim. Continue reading →

Eastbound I90 near Coeur d'Alene blocked with crash UPDATE

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police Regional Communication Center - North 615 W Wilbur Ave Suite A Coeur d'Alene, Idaho 83815 Please direct questions to the appropriate District Offices District 1 (208) 209-8620 Fax (208) 209- 8618 District 2 (208) 799-5150 PRESS RELEASE FOR DISTRICT ONE CASE # C15002105 --------------------- PRESS RELEASE ----------------------------- DATE: 02/23/2018 TIME: 5:20 AM LOCATION: EB I90 mile post 11 **Update** The roadway is now clear. SJT Eastbound I90 near mile post 11 (Ramsey Rd/Northwest Blvd overpass) in Coeur d'Alene is currently completely blocked due to a crash. Please consider alternate routes to avoid the area. DSP INITIALS SJT -----------------------------------

Parkland’s Unheroes

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President Trump called former Broward County Sheriff’s Deputy Scot Peterson, who served as the School Resource Officer at Marjory Stoneman Douglas school, a “coward.” Much as, this time, it may be hard to feel badly about Trump’s noise, it raises a question. Had Peterson done what his job demanded, it would have violated the First Rule of Policing. As Nikolas Cruz was shooting, Peterson was cowering. Gun drawn, outside the school, hiding behind a car. And he was not alone. Scot Peterson, the Marjory Stoneman Douglas school resource officer who declined to confront alleged mass killer Nikolas Cruz in the midst of his attack, wasn’t alone in remaining safely away from the massacre: three Broward County sheriff’s deputies waited outside the school as well. When Coral Springs police officers arrived on scene, they discovered several officers who “had their pistols drawn and were behind their vehicles…and not one of…

Don't make excuses for bad choices by Harris County judges

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The truth about Harris County judges misleading the courts and intentionally violating the constitutional rights of defendants before them is finally coming out.When Texas state Sen. John Whitmire filed a complaint with the State Commission on Judicial Conduct against Harris County's magistrate judges, they defended themselves by saying the elected judges directed them to deny personal bonds, which the judges themselves at first denied. The magistrates were sanctioned anyway, and sources in this must-read Houston Chronicle story by Gabrielle Banks suggested that the Commission is likely now investigating the judges who gave those orders, which is basically all of them.During the case before Judge Rosenthal, the county claimed they could come up with no evidence that judges directed magistrates. But when the magistrates were accused of misconduct, they produced 600 pages of evidence in that regard that implicated many current and former judges.Now we know for certain…

The Battle of 5Pointz

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At Techdirt, Cathy Gellis provides an exceptionally thorough parsing of the decision awarding $6.7 million to graffiti artists who painted on another person’s building, and whose “art” was ultimately destroyed when the building owner decided it was time to put his property to a higher use. The facts in this case are basically this: the owner of a run-down, formerly industrial building in a run-down neighborhood aspired to do something to redevelop his property, but it would be a few years before the time would be right. So in the meantime he let some graffiti artists use the building for their aerosol paintings. The building became known as 5Pointz, and the artwork on it soon began to attract attention. The neighborhood also began to change, and with the improvement the prospects for redeveloping the property into residences became more promising. From the outset everyone knew that redevelopment would happen eventually, and that it would put an end to the…

Can I Still Get the Connecticut First Time Offender DUI Alcohol Education Program If I Have a New York DWAI?

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Many New York DWI arrests get reduced to the violation called Driving While Ability Impaired (called a “DWAI”). Stamford, Norwalk and Danbury prosecutors consider a New York VTL 1192.1 DWAI to be a prior DUI, which can disqualify you for a Connecticut first time offender program. If you have a prior DWAI and you’ve been arrested for DUI in a CT / NY border town like Greenwich, Stamford or Danbury, then you may still be eligible for a first time offenders program. Talk to a top Connecticut DUI / DWI attorney with experience in New York DWAI laws to make sure you have the best chance of getting your Connecticut DUI / DWI dismissed. Connecticut Prosecutors Believe DWAIs are Equivalent to a First Time Offender Program In CT / NY border towns like Danbury, Greenwich and Stamford Connecticut, many of the best Connecticut DUI / DWI criminal defense lawyers get calls from clients who are facing DUI charges but have a NY VTL 1192.1 DWAI conviction on their record. A…

Notable video from American Conservative Union: "Unshackled - America's Broken Justice System"

Next week's criminal law/procedure arguments

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Issue summaries are from ScotusBlog, which also links to papers: Tuesday U.S. v. Microsoft Corp.: Whether a United States provider of email services must comply with a probable-cause-based warrant issued under 18 U.S.C. § 2703 by making disclosure in the...

Idaho Supreme Court Rules Admission and Drugs Inadmissible After Pat-Down Search

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People frequently ask questions about search and seizure, particularly when the search is not conducted pursuant to a warrant. The Constitution prohibits unreasonable searches. A warrantless search is unreasonable unless an exception to the warrant requirement applies. One common exception permits an officer to conduct a limited “pat-down” search of a detained person for weapons. This type of search originated in a case known as Terry vs Ohio. What facts justify a pat-down search?  Are admissions made by a defendant after a pat-down search admissible at trial if the pat-down is unreasonable? And what about a prior statement made in response to questions by an officer who does not advise the defendant of his right to remain silent? Can that failure impact on a later admission? These questions were recently considered by the Idaho Supreme Court in State v. Downing, decided December 22, 2017. Downing was the guest in a home occupied by a probationer named Cook.…

Winter weather driving conditions.

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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: 02/24/2018 10:41 a.m. Please direct questions to the District Office The Idaho State Police is responding to multiple crashes and slide-offs on I84, between Caldwell and Boise. The Idaho State Police advises to be cautious of winter driving conditions. 3643/3632 -------------

Drunk Driving: Ohio vs Mexico

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I recently went on a whale-watching trip in Mexico. Wherever I went, there was no shortage of tequila and cervezas. There was also no shortage of people driving cars. That prompted me to wonder how the drunk driving laws in Mexico compare to those in Ohio. It appears there are some similarities and some differences. ‘Legal Limit’ For Blood Alcohol Concentration One similarity between the laws in Mexico and Ohio is the ‘legal limit’: the blood alcohol concentration at which driving is ‘per se’ illegal. The national limit in Mexico is .08:  the same as Ohio. Many states in Mexico have created their own limits, and most of them are lower than .08. For example, the states of Chiapas, Hidalgo and Veracruz all have limits of .04. We stayed in the state of Baja California Sur, which has a ‘per se’ limit of .08. Interestingly, I asked a few different locals about drunk driving, and none of them knew the ‘limite legal’. …

RCC North – District 2 Press Release

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 2 Patrol 2700 North and South Highway Lewiston, ID 83501-1732 (208) 799-5151 Fax (208) 799-5146 For Immediate Release: 02/24/18 11:45 a.m. Please direct questions to the District Office. On February 24, 2018 at approximately 7:05 a.m. a single vehicle crash occurred on the US Highway 95/Highway 195 Junction near Lewiston, Idaho. A 2013 Kenworth semi driven by Joseph H. Aldridge, 76, of Airway Heights, Washington was traveling northbound and due to weather conditions, lost control on a corner, sliding onto the right shoulder. The trailer blocked the entire onramp to Highway 195 for approximately 4 hours and the road is now clear. Mr Aldridge was wearing his safety belt. TVB / MC -------------

Volokh Conspiracy: Final Pre-Argument Thoughts on the Microsoft Case

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Volokh Conspiracy: Final Pre-Argument Thoughts on the Microsoft Case by Orin Kerr: Three thoughts about the briefing in the case ahead of Tuesday’s oral argument.

S.D.W.Va.: Post-conviction allegation of inadequate cross examination at suppression hearing didn’t state a sufficient claim

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Defendant’s 2255 claim that defense counsel didn’t sufficiently cross-examine the government’s witnesses in the suppression hearing didn’t allege ineffective assistance of counsel. Also, defendant didn’t appeal the denial of the suppression motion and pled guilty instead. Thorne v. United States, … Continue reading →

KS: Waiting to run criminal history check unreasonably extended stop; drug dog used during that time

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The stop was unreasonably extended by waiting several minutes to run a criminal history which was not for safety reasons. While the criminal history check was being run, a drug dog was run around the car. The exclusionary rule applies … Continue reading →

GA: Nexus shown where def left house and drove directly to controlled buy

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Deleting the detective’s false statement from the affidavit that he had seen a black male with short dreadlocks in an SUV, the affidavit nonetheless provided probable cause to issue the warrant based on a controlled buy from defendant. The remainder … Continue reading →

VA: ABC employee firing for excessive administrative search affirmed

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Appellant was a agent of the Virginia ABC who conducted an unreasonable and excessive warrantless search of a licensee’s premises, and he was fired for abuse of authority. He appealed through the state grievance procedure claiming the search was legal, … Continue reading →

LA5: Hearsay on driver’s consent admissible at suppression hearing

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The trial court found the stop was reasonable for shooting from a car and driver consented based on the testimony of the stopping officer. Defendant’s claim that the driver’s consent was hearsay and inadmissible was rejected. All other exceptions for … Continue reading →
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