“After consideration of the testimony presented during multiple lengthy suppression hearings, a thorough analysis of the relevant caselaw, and a careful review of the dashcam video of the traffic stop, the court grants the motion to suppress. The court finds … Continue reading →
D.S.C.: Considering the totality, there was no RS for defs’ detention for a dog sniff
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TN: There’s normally no reason why the judge that issued the SW would be a witness at a suppression hearing on a Franks motion
The judge that issued the search warrant is not required to recuse from being the trial judge, so there was no ineffective assistance of counsel for failure to raise that issue. Moreover, the issuing judge would not be a witness … Continue reading →
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CA11: Ten officers for a “knock and talk” violated Jardines, but it wasn’t the cause of the search of the house
Ten officers approaching defendant’s house for a “knock-and-talk” violated Jardines, but that doesn’t matter because it didn’t lead to the discovery of evidence. Defendant didn’t see them, and he opened the door in response to the knock. Then the officer … Continue reading →
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"Taxing & Zapping Marijuana: Blockchain Compliance in the Trump Administration"
The title of this post is the title of this new paper recently posted to SSRN authored by Richard Thompson Ainsworth and Brendan Magauran. Here is its abstract: On January 4, 2018, the Trump Administration through Attorney General Sessions rescinded an Obama-era policy that discouraged federal prosecutors from bringing charges...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/i6msS0NGpH0" height="1" width="1" alt=""/>
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OH9: GPS tracking previously imposed for parole wasn’t a violation of 4A
GPS tracking as a condition of parole was based in substantial part on findings in a prior sentencing involving defendant, and that did not violate the Fourth Amendment in imposing those release conditions. That GPS information was used in this … Continue reading →
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George Will commentary assails felon disenfranchisement in Florida
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Musical genius Cecil Taylor leaves his body – Remained true to his music
Cecil Taylor was as original as musicians came. A few years after starting to play the trumpet at the age of nine (1972), I became enthralled by jazz music. Some of my early favorite musicians were Dizzy Gillespie, McCoy Tyner, Chick Corea, John Coltrane, Horace Silver, Charlie Parker, and Ahmad Jamal. I became aware early on of improvisational music elsewhere in the stratosphere, from such greats as Ornette Coleman, Cecil Taylor, Anthony Braxton and Old And New Dreams. It took some getting used to at first, this music that veered away from melodies and even common rhythms, often sounding like furious delivery of packets of sound. I learned that these great musicians were great, and not charlatans pounding directionless on their instruments. They refused to be bound by convention nor usual rhythm nor limitations on a music writing sheet. Then I met the late Trudy Morse, a woman who remained as true to her own internal poetry and music as her good friend Cecil Taylor remained…
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Interesting Vermont Supreme Court ruling on sex-offender probation conditions
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Case o' The Week: $ to Spend, if BLM - Gilmore, Section 538, and Medical Marijuana on Fed Property
A productive medical marijuana grow needs modern irrigation systems, detailed fertilizer schedules, and very good maps of the boundaries of federal lands.United States v. Gilmore, 2018 WL 1631680 (9thCir. Apr. 5, 2018), decision available here.Players: Decision by visiting District Judge Adelman, joined by Judges Paez and Ikuta. Hard fought appeal by ED Cal AFPDs Sean Riordan and Ann C. McClintock. Facts: In 2012, agents discovered 118 marijuana plants on a California grow. Id. at *1. (Editor note: 118 plants? That’s a federal case?) The marijuana garden was on federal land. Id. The government indicted three defendants with conspiracy to manufacture marijuana and manufacture of marijuana. Id. Two defendants earned a mistrial when the jury could not arrive at a unanimous verdict. Id. The Ninth then decided United States v. McIntosh, 833 F.3d1163, 1177 (9th Cir. 2016). Id. The Ninth “held that defendants…
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Two Los Angeles Executives of Provider of Substance Abuse Treatments Billed to Drug Medi-Cal Indicted by Grand Jury
The Drug Medi-Cal program has been under a lot of scrutiny since 2013 when it was the subject of investigative reporting. In 2014, significant changes and audits were made. Many facilities were closed. However, it seems that there are still criminal filings coming out of those past audits.On March 29, 2018, two executives at a South Los Angeles company that offered alcohol and drug abuse treatment services were indicted on federal charges that allege they defrauded the Medi-Cal program from 2009 to 2015 by submitting bills seeking more than $2 million for services that did not qualify for reimbursement or simply were never provided. An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty in court. The owner and executive director of The New You Center (TNYC) Mesbel Mohamoud and her mother-in-law and co-founder and program director, Erlinda Abella, were taken into…
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In the News & Around the Blogosphere
Manuela Andreoni, Ernesto Londono & Shasta Darlington, NYTimes, Ex-President ‘Lula’ of Brazil Surrenders to Serve 12-Year Jail Term Norimitsu Onishi, NYTimes, Jacob Zuma Appears in Court for South Africa Corruption Trial Kate Rooney, CNBC, SEC takes aim at controversial crypto...
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After a Domestic Violence Arrest: Lessons to Learn from Nonviolent Communication
If you’ve been recently charged with domestic violence, your life could become quite complicated very quickly, especially if convicted. However, this time can also be a teaching moment—an opportunity to step back from this dark chapter and learn a more productive way of thinking and communicating. The reasons why we humans sometimes turn to violence and aggression are too numerous and complex to explain here—nor are we qualified to delve into the psychology behind it. However, as the University of Michigan points out, domestic violence typically occurs as a repeating cycle, one that begins with a breakdown of communication. It naturally follows that if couples can create meaningful channels of communication, the cycle of domestic violence may be interrupted. The problem in many cases is that one or the other partner doesn’t understand the best ways to communicate—and the resulting frustration may erupt into aggression. In the 1960s, an American…
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Aging and DUI: How Getting Older Affects Your Driving
You have always prided yourself on being a good driver. You’ve always been careful with consuming alcohol before getting behind the wheel; you know your limits and you err on the side of caution. You’ve had a safe driving record for the past 50 years—only an occasional speeding ticket. You’ve never had a DUI, never been arrested. One night, you go to a restaurant with friends and you have the same glass of your favorite wine that you’ve enjoyed for years—the same glass of wine you’ve always been able to enjoy without it affecting your driving ability. But on your way home, you see a policeman’s lights in your rearview mirror. You pull over; the officer tells you that you were weaving, asks for your license and registration, then asks you to get out of the car. Before you realize what’s happening, you’ve been arrested on suspicion of DUI. How did this happen? You’re always so careful. Continue reading
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Injury Crash Bryden Canyon Road Near 8th Street, Lewiston, ID
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: 4/8/2018 at 3:35 PM Please direct questions to the District Office On April 8th, 2018 at approximately 8:55 a.m. an injury crash occurred on Bryden Canyon Road near 8th Street in Lewiston, ID. A Lewiston Police Officer was parked on the side of the road with all emergency lights on, assisting a motorist. A silver 2006 Dodge Durango driven by Patrick A. Sanchez, 31, of Clarkston, WA was traveling eastbound on Bryden Canyon Road when he struck the back passenger side of the parked patrol vehicle. Both vehicles came to rest in the eastbound lanes of Bryden Canyon Road. Both drivers were wearing their seatbelts. Sanchez was transported to the Tri-State Hospital…
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Prostitution Stings Widespread In Maryland
Conducting prostitution stings was once a practice limited to a few select police departments, but in the last few years numerous Maryland law enforcement agencies have joined the fray after the internet has made prostitution more accessible to the average person. Traditional prostitution stings consist of an undercover female police officer hanging around in areas known to be hotbeds for this illegal activity. Undercover officers are always flanked by a team of officers in unmarked cars close by, who arrive in seconds once a “take down” signal is relayed. These operations were once common in urban areas such as Baltimore City but they are tedious and possibly dangerous endeavors for police. Assigning undercover officers to walk the streets of high-crime areas creates an environment that is far from controlled. On top of that vice teams could spend hours searching for Johns without any takers, as high prostitution areas are virtually…
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Routine Traffic Stops; Do I Have to Show My ID? What You Need to Know About Routine Traffic Stops.
What are Your Rights and Responsibilities During Routine Traffic Stops? It is common knowledge that Florida law requires all drivers in the state to have a valid state-issued driver’s license. What are your rights and responsibilities if you are… The post Routine Traffic Stops; Do I Have to Show My ID? What You Need to Know About Routine Traffic Stops. appeared first on Chapman Criminal Defense Firm.
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Top-Ten Recent SSRN Downloads in Criminal Law eJournal
are here. The usual disclaimers apply. Rank Paper Downloads 1. Is Tricking a Robot Hacking? Ryan Calo, Ivan Evtimov, Earlence Fernandes, Tadayoshi Kohno and David O'Hair University of Washington - School of Law, University of Washington - Paul G. Allen...
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Crash Blocking US93 at Milepost 41 South of Twin Falls
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000 Fax (208) 324-7897 For Immediate Release: 04/08/18 7:30 p.m. Please direct questions to the District Office Idaho State Police is investigating a crash on US93 at milepost 41, just south of Twin Falls. All lanes are blocked at this time. More information will be released as it becomes available. 3642 -------------
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Brain Injuries in Boston Drunk Driving Accidents
Drunk driving collisions are among the most dangerous types of car accidents in Boston. They tend more often to result in fatalities or serious bodily injury to one or more plaintiffs than other “typical” crashes. While any car accident has the potential to be severe, the reason impaired driving accidents are so often catastrophic is because of the extreme reckless acts so often committed by a drunk driver. Things like wrong-way driving, red-light running and extreme speed all become more common when someone is under the influence of drugs or alcohol. When plaintiffs do survive a serious drunk driving accident, they are often left with severe and lasting injuries including, but not limited to permanent brain damage. While there is no such thing as a “typical” drunk driving accident, we often see cases where drunk drivers were speeding excessively, operating with a complete disregard for the traffic laws as codified in Chapter 90 of the…
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Sixth Circuit Curbs Anticipatory Warrants
The Sixth Circuit last week, in United States v. Perkins, issued a very helpful decision for defenders, affirming suppression of evidence obtained through a faulty "anticipatory warrant." Specifically, the court held that, if a warrant requires delivery of a package to a particular person, then its delivery to another person, even at the same address, is not enough to establish probable cause.Anticipatory warrants require a "triggering event" to establish probable cause. If that triggering event doesn’t occur, and police searched anyway, suppression ensues, right?It isn’t quite that easy. Warrants must not be read "hypertechnically" but in a "commonsense fashion." For example, in an earlier case, the warrant required that a package be delivered to a residence and "taken by someone inside." But officers actually delivered the package to someone who had just left the house and then left the premises…
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