“A [DNA] search warrant that mistakenly includes an incorrect person’s name does not lack sufficient particularity when the warrant provides a description of the correct person to be searched that includes the correct person’s name, date of birth, and location, … Continue reading →
MN: Typo adding wrong name into a DNA SW along with the correct name didn’t make it overbroad
↧
↧
New Kids on the Blockchain
David Gerard, Attack of the 50 Foot Blockchain: Bitcoin, Blockchain, Ethereum & Smart Contracts (2017). Andres Guadamuz Bitcoin was created in 2009 by a member of a cryptography mailing list who goes under the pseudonym of Satoshi Nakamoto, and whose identity is still a mystery. The project was designed to become a decentralized, open source, cryptographic method of payment that uses a tamper-free, open ledger to store all transactions, also known as the blockchain. In a field that is replete with hype and shady operators, David Gerard’s book Attack of the 50 Foot Blockchain has become one of the most prominent and needed sceptical voices studying the phenomenon. Do not let the amusing title you deter you; this is a solid book filled with solid and thorough research that goes through all of the most important aspects of cryptocurrencies, and it is one of the most cited take-downs of the technology. The book covers a wide range of topics on cryptocurrencies…
↧
The Limits of “Palpably Unreasonable” (Update)
A summary reversal ordinarily would capture no interest, but for the dissent by Justice Sonia Sotomayor, with whom the Notorious RBG joined, calling out the obvious to the oblivious. Its decision is not just wrong on the law; it also sends an alarming signal to law enforcement officers and the public. It tells officers that they can shoot first and think later, and it tells the public that palpably unreasonable conduct will go unpunished. And that’s the message sent by the majority in its per curiam opinion in Kisela v. Hughes. From a distance, this may look terribly misguided, but close up one realizes that it’s the message the Court meant to send to police, and has been consistently sending to cops since they decided Graham v. Connor, the Reasonably Scared Cop Rule. That this resulted in summary reversal, a mechanism used for cases that are so clear as to not require further deliberation, is what makes Justice Sotomayor’s strong dissent stand out. And it…
↧
Tuesday Talk*: What More Should Cops Carry?
There’s some room for variation on a police officer’s belt. Their service weapon. Maybe OS spray or a Taser. Cuffs, ammo, a flashlight. What else should they carry? Cato’s Clark Neily says liability insurance. The total payout for injuries caused by NYPD officers in 2017 was an unprecedented $308.2 million (up from a “mere” $92.4 million in 2007, and $152 million in 2012). That money didn’t come out of the pockets of the officers responsible for the misconduct; the bills were covered by you, the taxpayer. That’s because police departments nearly always pick up the tab for damages caused by the officers they employ. Clark looks to the intersection of law and economics for a solution. Fortunately, there is a better policy that is more fair to taxpayers — and has the substantial side benefit of creating strong incentives for police to avoid hurting innocent people. Like police, doctors have a difficult and stressful job that…
↧
Breath test results can be filled with inaccuracy
If you find yourself stopped by a police officer who suspects you have been drinking and driving, you may worry about how this situation will go. You may know that under Texas implied consent law that you could face penalties in the event that an officer requests a breath test and you decline to take the test. However, you may worry how information from a breath test may be used against you later. Because breath tests do not have a reputation for accuracy, especially hand-held models, you may fear that the results of your test may indicate a blood alcohol content level over the legal limit even if you have not consumed much or any alcohol. In reality, this type of outcome could take place as many factors could impact the results of such tests. Factors that impact BAC readings When you take a breath test, many personal and environmental factors could impact the outcomes of that test. Some of those factors include: Temperature: If your body temperature reaches a point above…
↧
↧
Rosenthal on Originalism
Lawrence Rosenthal (Chapman University, The Dale E. Fowler School of Law) has posted An Empirical Inquiry into the Use of Originalism: Fourth Amendment Jurisprudence During the Career of Justice Scalia (Hastings Law Journal, Forthcoming) on SSRN. Here is the abstract:...
↧
Dealing With the Impact of a Criminal Record
When facing any type of criminal charges, your immediate concern is likely to be avoiding arrest or potential jail time and minimizing the amount in court costs and fines you may have to pay. While these are vital issues in any criminal defense, it is also important to consider the future impact your charges and conviction could have on other areas of your life. A criminal past could pose problems in seeking employment in certain fields, getting educational loans, and even obtaining housing. This is one of the reasons why it is so important to have an experienced criminal defense attorney on your case. Potential Impacts of a Criminal Record If you are stopped for a traffic violation or other seemingly minor charge, you may think it unlikely that it could have an impact on your future. Unfortunately, the exact opposite is true. In addition to the penalties you face upon conviction, even minor charges can have major impacts. It could affect your employment prospects,…
↧
Human Smuggling in Texas – Cartels Raise Their Prices
President Trump’s tough emphasis on immigration appears to have pushed up the price of human smuggling in Texas and elsewhere on the border with Mexico, according to a recent report. The news site Breitbart reported the smuggling of illegal immigrants across the border between the United States and Mexico is becoming increasingly expensive. The revelation came via a Wall Street Journal report in the fall of 2017 as the Department of Homeland Security (DHS) reviewed prototypes of border walls to build along the southern border. The issue of the border wall stalled in 2017 as politicians in Congress became concerned about the costs of the project. Democrats claimed in 2017 the border wall would cost as much as $66.9 billion to complete. The prospect of a wall may be pushing up the price of human smuggling. The cost of human smuggling in Texas rises Douglas Massey is the Co-Director of Princeton University’s Mexican Migration Project. He suggested the prospect of a…
↧
AEDPA accelerant: examining prospects for speedier capital appeals for "opt-in" states
↧
↧
"Subject" - Trump?
The Washington Post is reporting that "Mueller told Trump's Lawyers the President isn't" a target of the Special Counsel's Investigation, but that in early March "Mueller described Trump as a subject of his investigation." (see here & here)(emphasis added). Whether...
↧
Violation of Protective Orders
Domestic violence is a pervasive, unending problem in the United States, and in Illinois, victims of all genders have been feeling the proverbial pinch. Due to Illinois budget woes during the past few years, funding for shelters and crisis centers has dipped, leading to fewer victims being given shelter or assisted in other ways. Some have sought to get around this by filing Orders of Protection (OPs) against their alleged abusers themselves, but without legal help, that order may be flawed, or it may simply be ignored. It is imperative for victims to know that they are not powerless, and that there is recourse. Misconceptions About OPs Pop culture and anecdotal evidence tries to paint Orders of Protection as largely useless, and it is generally true that an OP will not stop a truly determined abuser. However, it will deter many, and for those it does not, the penalties for violation can add up and generate or contribute to a significant prison sentence in the end. Most…
↧
Nude Man Leaps into Bay After Stabbing Garden Tender with Hijacked Shears
On March 31, a Florida man allegedly approached a stranger who was tending to the landscaping at his home and attacked the man with the gardening shears he had been working with. Around 5:00 p.m. on Saturday while a man was gardening in his front yard he was reportedly caught by surprise when someone with whom he had no prior acquaintance allegedly began attacking him until his gardening shears were taken from his possession. The assailant then used the tool to stab the victim in the head until a passerby intervened and tried to take possession of the shears. The alleged attacker ran away and headed toward the nearby Choctawhatchee Bay where he reportedly entered the water naked and remained there until four Walton County Sheriff’s Office deputies arrived. The deputies worked to subdue the suspect but the man began to struggle and was said to have attempted to pull one of the officers underwater. Continue reading →
↧
Biker Trial Heard Claims The Bandidos Motorcycle Club is a Street Gang
The Bandidos Motorcycle Club was infamously involved in a shootout at a bar in Waco in 2015 that left nine dead and more than 20 injured. A judge declared a mistrial in November 2017. Jurors deadlocked in the trial of Christopher “Jake” Carrizal, the president of the Bandidos’ Dallas chapter. The November trial was the first of many stemming from the deadliest shootout between biker groups in U.S. history. Jurors deliberated for 14 hours. Carrizal told the hearing the May 17, 2015, brawl and gunfight was provoked by a rival motorcycle club, the Cossacks. The Bandidos Motorcycle Club came under scrutiny during the trial, reported the Waco-Tribune Herald. Douglas Pearson, a state motorcycle gang expert, told jurors of links between the Bandidos and criminality. The Bandidos are accused of being a motorcycle gang Pearson, a police officer from Aurora in Colorado, is assigned to a Bureau of Alcohol, Tobacco, Firearms and Explosives’ motorcycle gang task…
↧
↧
Sichere Kommunikation mit Mandanten und im Team
Immer wieder kommen Studien und Marktforschungen zu dem Ergebnis, dass sich Kunden mehr direkte Kommunikation mit „ihrem“ Dienstleister wünschen. Besonders oft betroffen von dieser Kritik sind Rechtsanwälte. Ich habe daher lange nach einem System gesucht, mit dem ich einfach, aber dennoch verschlüsselt mit Mandanten sowie auch im Team kommunizieren kann. Schreckgespenst: Europäische Datenschutzgrundverordnung (EU-DSGVO) Die Datenschutzgrundverordnung (DSGVO), die am 25.05.2018 in Kraft tritt, legt Rechtsanwälten auf, geeignete technische und organisatorische Maßnahmen zu treffen, um ein dem Risiko angemessenes Schutzniveau in der Datenverarbeitung und Kommunikation zu gewährleisten – etwa durch Verschlüsselung. Während der Hamburgische Beauftragte für Datenschutz als Aufsichtsbehörde meint, Rechtsanwälte müssten jegliche Kommunikation mit dem Mandanten verschlüsseln und diese…
↧
Women and Guns
Amanda Dale, Gun Control and Women’s Rights in Context: Reflections of the Applicant on Barbra Schlifer Commemorative Clinic v Canada, 13 J.L. & Equal. 61 (2017), available at HeinOnline. Elaine Craig In Gun Control and Women’s Rights in Context: Reflections of the Applicant on Barbra Schlifer Commemorative Clinic v Canada, Amanda Dale not only provides the reader with an embodied account of law that exemplifies the limits of legal discourse, she also offers a compelling (and disheartening) explication of how and why the Stephen Harper government’s repeal of the long-gun registry threatens the lives of women. As Dale points out, gun control in Canada is different from that in the United States. Canadian gun control laws are, of course, much more robust. For example, restricted weapons, such as handguns, have been subject to gun control legislation, including a registry, since 1932. However, a Canadian registry for long guns (shotguns and rifles) was…
↧
IL: Hospital employee seizing def’s clothing from private room at police request violated 4A
Police enlisting a hospital employee to enter defendant’s hospital room to take his clothing violated his reasonable expectation of privacy and made the employee a police agent. The seizure violated the Fourth Amendment. People v. Gill, 2018 IL App (3d) … Continue reading →
↧
Charges and Penalties for Possession of a Firearm in Chicago
Chicago law makes a distinction between merely possessing a firearm illegally and using a legal firearm for illegal purposes. If the crime is of unlawful shooting whilst in possession of an illegal firearm, the penalties are increased. This is because it is considered to be an aggravating factor to use an illegal firearm to commit any crime under the provisions of the handgun law. To be absolutely clear, a person in Chicago can be prosecuted for both possessing an illegal firearm and using a legal firearm to commit a crime. Because Chicago has been dubbed the “Gun Crime Capital of the World,” the authorities are anxious to ensure that crimes of gun violence are severely punished. That is not to say that Chicago is willing to engage in full gun control. For example, the illegal possession of a handgun is a Class 4 Felony in Chicago and can carry a term of imprisonment of up to three years. The possession of other firearms is considered to be a Class A misdemeanor,…
↧
↧
TX1: Search incident and inventory invalid for failing to signal; as to inventory, the inventorying officer is a necessary witness
A drug officer called a patrol officer to stop defendant. After he failed to promptly signal a turn, he was stopped, handcuffed, and his car was searched. “The search of Appellant’s vehicle incident to his arrest for failing to signal … Continue reading →
↧
MN: Getting out of a car, looking at officer, then walking away was hardly RS
Defendant’s stop, handcuffing, and questioning was without reasonable suspicion based on his looking at officers and walking away. State v. Davis, 2018 Minn. App. LEXIS 162 (Apr. 2, 2018) (“he looked at me” or “he didn’t look at me” has … Continue reading →
↧
OH9: Running drug dog around car during computer check didn’t delay the stop
Running a drug dog around defendant’s car while the computer check is going on didn’t delay the stop. State v. Torres, 2018-Ohio-1173, 2018 Ohio App. LEXIS 1274 (9th Dist. Mar. 30, 2018). The inclusion of a generalized along with a … Continue reading →
↧
More Pages to Explore .....
