Excessive force is when a police officer uses force beyond what a police officer should reasonably believe is necessary. A police officer may be held liable for using excessive force during an arrest, traffic stop, or other detentions–such as during an Illinois DUI arrest. A police officer can also be liable for failing to prevent or explicitly endorsing another officer’s use of force. While excessive force is typically a civil charge, there are related criminal charges, such as assault by a police officer. This fall, a 41-year-old Northern California police officer was arrested for assaulting a DUI suspect with his baton. The victim was taken to the hospital to be treated for injuries that were not life-threatening. After being cleared by the doctors, he was taken to jail on DUI charges, failure to yield, and resisting arrest. The victim claimed that in beating him with the baton, the officer broke the victim’s arm and fractured his finger. He continues to…
Northern California Police Officer Charged With Using Excessive Force In DUI Arrest
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JUAN LUIS CIPRIANI, EL HIJO PRÓDIGO Y EL PUEBLO PERUANO
Soy un hombre creyente, pero no creo en aquellos que dicen que son sus representantes en la tierra. Acabo de escuchar al Cardenal Cipriani, este sacerdote pendejo compara a todos los ladrones que están en la cresta de la ola en esta era, los anteriores están muertos y ojalá estén hirviendo en su tumba, con la parábola del "Hijo pródigo", cuando se le acaba el dinero que el padre le entregara como la herencia que le correspondía, el disoluto e interesado hijo regresa donde el padre porqué ni para comer lo que comen los chanchos tenía; el padre hace una fiesta y celebra su regreso. El otro hijo que había permanecido al lado del padre interesándose sobre el manejo de la hacienda del hogar, se lamentaba que a un sinvergüenza le brinden tantos halagos, le ofrezcan los mejores atuendos y se haga una fiesta en su honor. He ahí al envidioso, clamó Cipriani haciendo suyas…
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With death of Alva Campbell, Ohio need no longer worry about trying to execute ill prisoner after first botched attempt
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Jim DeMint explains how "core of conservatism" at core of South Carolina's leadership on criminal justice reform
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Guilty Offense? A Defense.
A prosecutor in Louisiana apparently wishes to ensure accused people are punished for trying to defend themselves against having been accused. Throughout history, and throughout the world, there have been different kinds of systems for determining that someone is guilty of a crime, and needs to be punished. In some places and times, an individual decided. The crime, for them, might have been as trivial as that the other person did not pay them the respect they thought they were due, or in more modern, but completely-uncivilized countries—such as the Philippines, or, if Donald Trump had his way, the United States—it might be that the accused is believed to be a drug dealer deserving of summary execution at the determination of the law enforcement officer who first decided the drug dealer was a drug dealer. At another time and place, a question might arise as to whether someone has given someone else the evil eye, or whether they might weigh the same as a duck. With…
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Kool et al. on Victim Intervention in Criminal Proceedings
Renée S.B. Kool, Jessy Emaus and Daan van Uhm (Utrecht University, Department Criminal Law; Utrecht Centre for Accountability & Liability Law, Utrecht University School of Law (the Netherlands) and Utrecht University School of Law (the Netherlands)) have posted The Victim's...
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Beware pleading guilty, cautions Fairfax criminal lawyer
Beware pleading guilty, cautions Fairfax criminal lawyer Fairfax criminal lawyer cautions to beware pleading guilty, until the trial avenue is first fully examined Beware pleading guilty, no contest/nolo contendere, or Alford. Doing so bypasses your Constitutional right to trial and hands the prosecutor a conviction. Consequently, as a Fairfax criminal lawyer, I know that before departing from a not guilty/innocent plea, a criminal defendant needs to have fully examined the trial avenue and negotiated from a position of strength, preferably at all times by being fully ready for trial. Fairfax criminal lawyer urges caution before a criminal defendant pursues the avenue of cooperating/snitching Of course, as a Fairfax criminal lawyer, I know that many instances exist of cooperating or snitching criminal defendants pleading guilty before being fully trial-ready, for instance without formal discovery, including with the recent early guilty plea of former Trump campaign aide Rick…
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How Do Breathalyzers Work, and Where Is the Technology Headed?
If you’ve ever been pulled over by a cop on suspicion of DUI, chances are you have been asked to submit to a breathalyzer test. This small device presumably (magically?) somehow measures the alcohol content in your blood by analyzing your breath, and whatever it reveals may influence the officer’s decision whether or not to arrest you. But what, exactly, is the breathalyzer measuring? Is the reading accurate? What are your rights if an officer asks you to blow into a breathalyzer? Are these devices a truly effective deterrent against DUI? Let’s take a closer look at this technology—how it works, how it is used in real-life contexts with police, and what the future may hold as the technology develops. How Alcohol Is Detected through Your Breath Continue reading
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What Happens When My DUI Results in Someone’s Death?
It’s the scenario we all hope never happens—and one that in truth should never happen. Someone has a lapse in judgment, gets behind the wheel while under the influence of alcohol or another substance, gets into an accident—and another person dies as a result. Aside from the overwhelming sense of loss and guilt of knowing his actions have caused this death, now that person may be facing more serious criminal charges on top of the DUI. In a perfect world, you should never find yourself in this situation, but if you are charged in California with a DUI incident involving a fatality, what can you expect? What, exactly, are you facing? Three Possible Charges Continue reading
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Father and His Teenage Daughter Arrested for Incest
A Panama City, Florida, dad and his teenage daughter are facing incest charges after they were spotted engaging in sexual intercourse. 39-year-old Justin Robert Bunn and his 19-year-old daughter Taylor Marie Bunn share a dwelling in Panama City. On February 18 Bunn and his daughter were seen by a neighbor while they were purportedly in their backyard “having sexual intercourse in a missionary position,” as recorded in the official affidavit. The neighbor then reported what they had allegedly witnessed to the police. Continue reading →
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Crash Westbound I-84 just east of Eagle Road
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: 03/04/2018 02:55 a.m. Please direct questions to the District Office Idaho State Police is investigating a crash westbound on I-84 just east of Eagle Road. The two right lanes and the left most lane is currently blocked. More information will follow as it becomes available 3641 -------------
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*Update* Crash Westbound I-84 just east of Eagle Road
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: 03/04/2018 04:10 a.m. Please direct questions to the District Office ***Update*** Only the right lane is blocked at this time. More information will follow as it becomes available. 3435 Idaho State Police is investigating a crash westbound on I-84 just east of Eagle Road. The two right lanes and the left most lane is currently blocked. More information will follow as it becomes available 3641 -------------
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MUSEO DE HISTORIA NATURAL Y LA REMUNERACIÓN DE LOS FUNCIONARIOS
Los funcionarios (amigos mugrosos de la mugre gobernante) siempre han gozado de una remuneración que supera TREINTICUATRO VECES EL SUELDO MÍNIMO y casi SETENTA VECES la pensión mínima, lo que hace el Decreto que comparto es actualizar los montos y como en el caso de la ONP (paga a los pensionistas) la remuneración es del propio presupuesto institucional, DIECIOCHO AÑOS QUE NO AUMENTAN LAS PENSIONES, el Museo de Historia Natural requiere menos de VEINTE MIL SOLES para adquirir e instalar equipos de aire acondicionado que les permita conservar las múltiples especies que en el Museo se conservan, PERO EL GOBIERNO AUMENTA LA REMUNERACIÓN de los que supuestamente deben aportar ideas para el desarrollo de su sector y beneficio de la población a la que sirven. JUZGUEN USTEDES, sino botamos a estos sinverguenzas, el calificativo de hombre NOS QUEDA DEMASIADO GRANDE. Decreto Supremo que aprueba los montos de la…
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Life Imitates Art?
Cornell lawprof Sherry Colb sought to make her point about the movie Submission, which she had not yet seen, by introducing an analogy. [I]magine going to see a popular movie and finding out that the story of the movie is all about how a rich, Jewish moneylender exploits the poor Christians who live in his neighborhood. In the course of the story, the moneylender collects usurious interest rates for his loans, and various Christian borrowers descend into terrible poverty, unable to feed their children, some driven to suicide. At the end, the moneylender sits at the table celebrating the Jewish Sabbath with his family, singing songs and beaming at the heavy gold jewelry around his wife’s neck that he was able to give to her after appropriating what rightfully belonged to his clients. Such a story would be anti-semitic propaganda, and we would all recognize it as such. Does that mean that a Jew has never leant [sic] people money? Of course not. Does it even mean that a Jew…
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*Final Update* Crash Westbound I-84 just east of Eagle Road
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: 03/04/2018 6:00 a.m. Please direct questions to the District Office *Final Update* On Sunday, March 4, 2018, at approximately 2:00 a.m., the Idaho State Police investigated a two-vehicle injury crash westbound Interstate 84 at milepost 46.5, near the Eagle exit. Miguel Hernandez Jr, age 33, of Meridian, was driving a 2015 Toyota Corolla westbound on Interstate 84 when he rear-ended a 2003 Oldsmobile Alero. The Alero went off the right shoulder and rolled multiple times, before coming to rest on its top in a canal. Hernandez was wearing a seatbelt and was transported by ground ambulance to St. Luke's Medical Center in Meridian. The driver of the Alero, Jennifer…
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A Panel Ad Hominem
Helen Pluckrose was an excellent addition to the panel at Portland State University on the subject of diversity of thought. But as she explains, she wasn’t asked to be on the panel at first. Or at second. Or because she was an excellent choice at all, really. At first it was to be a frank discussion between Damore and Boghossian but the immediate criticism — mostly from students and on social media — was that diversity could not be discussed by two white men. It mattered not at all that one was the author of the memo at the center of the debate and the other a Socratic philosopher who focuses on epistemology and liberal ethics and is therefore well-qualified to probe both motivation and empirical justification. The problem was that both of the people had penises, those penises were white and, as far as anyone knows, responsive to those of the opposite gender. They were hegemonic penises and this was problematic. Not that all people with penises are men, but…
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CA6: No knock entry at 4 am stated claim for unreasonable execution of SW
Plaintiffs adequately allege a claim for unreasonable execution of a search warrant. The officers executed a search warrant at 4 am without knocking or announcing, and shot the lock off the door. Greer v. City of Highland Park, 2018 U.S. … Continue reading →
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CA11: Protective sweep was justified by an extra car out front and voices from inside
A protective sweep was justified by an extra car out front and voices from inside. United States v. Ratcliff, 2018 U.S. App. LEXIS 5443 (11th Cir. Feb. 28, 2018). Officer “knocked” on defendant’s tent at a campsite to talk to … Continue reading →
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S.D.Ala.: AL state requirement of recording SW application doesn’t apply to SW used in federal court
The Alabama state requirement that an application for a search warrant be recorded doesn’t apply to using the product of the search in federal court. United States v. Tensley, 2018 U.S. Dist. LEXIS 29979 (S.D. Ala. Feb. 26, 2018). Defendant’s … Continue reading →
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Rule in Kienapple
The rule in Kienapple prevents multiple convictions for the same criminal act. It is based on the legal maxim “nemo bis vexari as well as nemo bis puniri”, which means “no-one shall be tried or punished twice in regards to the same event.” In instances where an accused is convicted […] The post Rule in Kienapple appeared first on Joshua Rogala | Winnipeg Criminal Defence Lawyer .
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