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LOS POBRES NUNCA CONOCERÁN LA LIBERTAD

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Nuestro País difícilmente saldrá del hoyo en que se encuentra, tan negro y profundo que muchos han mimetizado sus almas. Basta ver a los periodistas disfrazarse del color que le gusta a a sus patrones y encajar los abusos de doscientos años a los que de algún modo han disfrutado de una cuota de poder sin tocar a los verdaderos y únicos responsables. Pueden cambiar nombres, como acaba de suceder, pero nada se modificará porqué el aparato estatal es una colmena de abejas manteniendo en el poder a los que dirigen la vida de los que trabajan, una parte de estos (los emprendedores) no les interesa o les interesa muy poco quién gobierne y los de más abajo, los que nunca significaron mas que peones a los que fatalmente hay que alimentar, saben muy bien que sea el Jefe de Estado actual, Ingeniero Martín Vizcarra, o un asqueroso gringo como ppkutra, ellos seguirán siendo sometidos y…

Video Finally Emerges, Only To Be Buried Again

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There have been no shortage of screw-ups, from the years of delay in the murder trial of Brian Solano to the 2015 video of the interrogation of Justis Colon, admitting he had the murder weapon at time of the murder, that has miraculously emerged since. Prosecutors with the Bronx district attorney’s office did not disclose video of a key 2015 NYPD interview until April 2017. But the video, in which another man, Justis Colon, told cops that he possessed the murder weapon, was leaked to Solano’s private investigator Manuel Gomez and provided exclusively to In Justice Today. As to why each of the three Bronx assistants neglected to turn this over to Solano’s lawyer, Dawn Florio, nobody seems to know much of anything. Oopsie. Sorry.  “I don’t think it’s anything intentional,” said Kapp. “I can’t explain … I don’t remember hearing about a statement being taken. It’s possible the police never…

OPERATION PAY YOUR MONEY HONEY

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This strange part of this plan to collect fines and costs is the email it went out on: the committee to re-elect a judge sent it out. Comments?Operation Collection Relief by Anonymous PbHV4H on ScribdMeanwhile, to distract our attention because the Chinese are kicking his ass in a brewing trade war, POTUS announced the invasion of New Mexico ("Lots of suspicious sounding Hispanic names there and people are saying they've never seen this many suspicious sounding Hispanic names in a state and Obama did nothing about it..."); a trade war with Grenada ("They keep sending things to us, and no one's ever seen anything ever come from Granada before, so what are they sending and why and Obama did nothing about it..."),  a trade war with Lichtenstein, ("They're small and we can win and I like to win and we never won under Obama so lets win one of these...")  and a renewed attempt to recover debts-with interest! from Germany…

MD: Surreptitious recording of def’s statement on cell phone violated state wiretap act

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A parent’s surreptitious recording of defendant on cell phone for use to make a sex offense against him was inadmissible under the state wiretap act. Holmes v. State, 2018 Md. App. LEXIS 310 (Apr. 6, 2018).* First paragraph: In this … Continue reading →

N.D.Ohio: Email SW completely lacked PC, then there were false statements and material omissions, too

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The motion to suppress the search warrant for defendant’s emails is granted. “Nothing in the 2013 affidavit used to obtain the search warrant approaches probable cause.” And, “Therefore, the 2013 search warrant affidavit is so lacking in indicia of probable … Continue reading →

Coffee At The Crack Of Dawn

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The point of a business is to make money, and some entrepreneurs try to distinguish their business with unusual gimmicks. Remember the topless car wash? Whether it’s a good idea isn’t the point. The point is to bring in business, which brings us to the highly competitive enterprise of coffee. Starbucks? Who would have ever believed that normal sentient beings would spring for $5 to buy a cup of joe they could purchase for $1? They gave the sizes odd names, and came up with beverages by adding -ccino to the end of unrelated words, all to create the fiction that their peculiar tasting grind was better than the swill you could buy for a fifth of the price. And it worked. That meant that people who wanted to compete had to come up with something different, and so Hillbilly Hotties was born. What’s their gimmick? The police were not amused. While the actual name of the model is unknown, I choose to call her Dawn. A trio of bikini baristas has been arrested for…

NJ: When driver can’t or won’t produce registration, a limited search for it is permissible

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“Sufficient credible evidence supported the trial court’s determination that defendant was given an adequate opportunity to present the vehicle’s registration before the search commenced. When a driver is unwilling or unable to present proof of a vehicle’s ownership, a police … Continue reading →

N.D.Ohio: There was a fair inference business records would be at def’s house

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When a white collar investigation is underway, the staleness inquiry is more flexible because records, as opposed to drugs, are regularly kept for a long time. It was reasonable here to conclude that business records would be found at defendant’s … Continue reading →

N.D.Ind.: A motion for new trial is too late to raise new grounds to suppress

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Defendant litigated a motion to suppress and lost. In a motion for new trial, he raised new grounds, and this is rejected as untimely. United States v. Bishop, 2018 U.S. Dist. LEXIS 57353 (N.D. Ind. Apr. 4, 2018). Defendant’s stop … Continue reading →

CA6: When an anticipatory SW says delivery to X, X has to receive it for search to occur

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When the triggering event in an anticipatory search warrant doesn’t occur, then the search can’t occur. Here it was to a named person. Somebody else accepting it isn’t acceptable. “In this case, requiring delivery to Perkins is the only common … Continue reading →

The Hill: Manafort challenges evidence seized by Mueller (with link to motion and warrant affidavit)

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The Hill: Manafort challenges evidence seized by Mueller by Jacqueline Thomsen (link to motion, affidavit, and warrant): Former Trump campaign head Paul Manafort filed a motion late Friday to suppress evidence special counsel Robert Mueller’s team found in a storage … Continue reading →

DOJ, HHS announce $2.6 billion in fraud recoveries during FY 2017

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On April 6, the Departments of Justice and Health and Human Services announced that in the fiscal year that ended in September 2017, the agencies recovered $2.6 billion in health care fraud cases. According to DOJ’s press release: Health and Human Services Secretary Alex Azar and Attorney General Jeff Sessions today released a fiscal year (FY) 2017 Health Care Fraud and Abuse Control Program report showing that for every dollar the federal government spent on healthcare related fraud and abuse investigations in the last three years, the government recovered $4. Additionally, the report shows that the departments’ FY 2017 Takedown event was the single largest healthcare fraud enforcement operation in history. In FY 2017, the government’s healthcare fraud prevention and enforcement efforts recovered $2.6 billion in taxpayer dollars from individuals and entities attempting to defraud the federal government and Medicare and Medicaid beneficiaries. Some of these…

The Importance of a Dedicated Defense Attorney at Probation Violation Hearings in New York

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When someone is placed on probation in lieu of jail time, it is generally seen as a win. However, often a sentence of probation is not the end of the story. Indeed, probationary sentences can be strictly enforced, and if someone fails to live up to each and every condition of the sentence, they risk being found in violation and face the possibility of jail or prison. When someone violates a New York probation sentence, the judge who ordered the original sentence can re-sentence that person to up to the statutory maximum. Thus, what starts off as a short sentence of probation can turn into what seems like a lifetime of being wrapped up in the system. Thus, the importance of a New York criminal defense attorney in a probation hearing cannot be overstated. Of course, when a person on probation picks up a new criminal case, that case is a potential direct violation of their probation sentence. This is because the terms of probation forbid picking up a new case. Normally, the person…

"Capital Punishment Decisions in Pennsylvania: 2000-2010: Implications for Racial, Ethnic and Other Disparate Impacts"

What Happened to Presumption of Innocence & Due Process?

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You’ve likely heard before about “presumption of innocence” as a legal right when a person is accused of a crime. You’ve almost certainly heard that all people are “innocent until proven guilty.” Unfortunately, we’ve seen that with the sudden surge of the #MeToo movement has resulted in society rushing to accuse alleged offenders. This has trampled the important right of presumption of innocence in sex crime cases and all criminal charges, in fact. Time after time, we’ve seen accused persons get fired from jobs, cast out from their family, and deemed despicable before they’ve even had any chance to defend themselves. In short, they’ve been denied any presumption of innocence, which the Los Angeles Times calls “one of the core principles of an advanced society.” At the Neal Davis Law Firm, we believe strongly in presumption of innocence. That’s why we’re passionate criminal defense lawyers…

Commonwealth Court Limits Government’s Ability to Seize Property under the Forfeiture Provision of the Controlled Substances Act

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The Commonwealth Court of Pennsylvania has announced its decision in Commonwealth v. $301,360.00 U.S. Currency and one 2011 Lexus, RX 350, Vin# 2T2BK1BA48C081250. The Court’s decision dramatically restricts the government’s ability to seize, through civil forfeiture, property it claims was used to facilitate violations of the Controlled Substances Act (hereinafter “CSA”).Commonwealth v. $301,360.00 U.S. Currency and one 2011 Lexus, RX 350, Vin# 2T2BK1BA48C081250 On June 11, 2014, two individuals were driving the Lexus in question on Interstate 80 in Monroe County, Pennsylvania when it was pulled over for tailgating. Interstate 80 is a major highway that runs from California to New Jersey. The Lexus was not owned or registered to either of the two occupants inside the car. Both occupants of the car and its owner were from the state of New York. The car was also registered in New York.  During the stop, the Pennsylvania State Trooper noticed…

Top-Ten Recent SSRN Downloads in Criminal Procedure eJournal

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are here. The usual disclaimers apply. Rank Paper Downloads 1. What Caused the 2016 Chicago Homicide Spike? An Empirical Examination of the 'ACLU Effect' and the Role of Stop and Frisks in Preventing Gun Violence Paul G. Cassell and Richard...

Perris Man Accused of Kidnapping and Sexually Assaulting Child

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A 60-year-old man who resides in Perris, California, is suspected of sexually assaulting a young girl that he allegedly snatched off the street and held captive during the incident. On Saturday, March 31, a young girl was reportedly unexpectedly grabbed by Graylin Dennis Williams and taken to an isolated location where he allegedly proceeded to rape her. The Perris Police Department received an alert about a sexual assault that had taken place and officers dispatched to the location to look into the claims. While investigating the situation the police decided that Williams was the suspected perpetrator of the attack. Continue reading →

Injury Crash I90 at MP29.6 Coeur d'Alene area

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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 # C18016894 --------------------- PRESS RELEASE ----------------------------- DATE: 04/07/2018 TIME: 7:00 PM LOCATION: Westbound Interstate 90 milepost 29.6, Coeur d'Alene area On Saturday, April 7th, 2018, at 3:00 PM, Idaho State Police was advised of an injury crash on I90 east of Coeur d'Alene at milepost 29.6. A loaded semi, driven by In Kim (58 year old male of Yelm, Washington), with a trailer loaded with apples, failed to negotiate a left curve. The truck and trailer struck the…

NV: Even if PBT was a 4A violation, SW was moot because there was both PC and exigency for warrantless search

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The trial court erred in suppressing the telephonic search warrant for defendant’s blood. Even if the PBT was unconstitutional, there was both probable cause and exigent circumstances without even considering it. State v. Sample, 134 Nev. Adv. Op. 23, 2018 … Continue reading →
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