On plain error review, the protective sweep was reasonable. The officers had information that a suggested second person could have been in the house, and he or she hadn’t been found or found not to exist. United States v. Ford, … Continue reading →
Two on protective sweep
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Seattle prosecutors now taking proactive steps to expunge past marijuana convictions
Because of my work on my new article, "Leveraging Marijuana Reform to Enhance Expungement Practices," I am especially attune to how marijuana reform is now intersecting with criminal justice concerns. So this new USA TOday article, headlined "Seattle seeks to abolish hundreds of pot convictions in light of legal marijuana,"...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/BqpXWEWl5bM" height="1" width="1" alt=""/>
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CA5: Search of wrong house by inadequate investigation means no QI
It was clearly established that search of the wrong house because of inadequate investigation violated the Fourth Amendment. Gerhart v. Barnes, 2018 U.S. App. LEXIS 10626 (5th Cir. Apr. 26, 2018), prior opinion Gerhart v. McLendon, 2017 U.S. App. LEXIS … Continue reading →
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AR: State’s failure to get ruling on GFE below bars that argument on appeal; statute on BAC penalties violates Birchfield
Arkansas’s refusal to submit to a BAC test has criminal penalties, and it violates the Fourth Amendment. The trial court’s finding of voluntary consent was decided without an evidentiary hearing and is clearly erroneous. The state’s failure to get a … Continue reading →
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CA8: Parked RV was “vehicle on the premises” even though connected to water and electricity
A parked RV qualified as a “vehicle on the premises” even though it would have taken 30 minutes to make it ready to move. It had a satellite dish on the roof and it was connected to water and electricity. … Continue reading →
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A New York Prosecutor’s Duty to Provide Evidence to the Defense
In New York criminal cases, the prosecution is under a duty to provide certain evidence to the defendant and his attorney, irrespective of whether the prosecutor intends to use the evidence against the defendant. Importantly, the duty attaches to any evidence that may establish innocence or otherwise be favorable to the Defendant. This concept, first discussed by the United States Supreme Court in the landmark case Brady v. Maryland, has since been expanded to cover any evidence that is in the hands of not just of the prosecution but also of the police. The material is commonly referred to by Criminal Lawyers as “Brady Material”. A recent case illustrates just how seriously courts take the prosecution’s duty to disclose evidence to the defense. Indeed, the court noted that, although the defendant’s argument was not necessarily raised at the appropriate time, the issue was so important that the court ruled on the issue anyway. The Facts of the Case…
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What Does It Mean To “Witness” A Urine Sample In Ohio DUI / OVI Cases?
Most police officers probably do not go to work hoping to witness a suspect provide a urine sample. It’s likely not one of those things they go home and share with their family and friends. But it’s one of those things Ohio law requires in OVI cases. If a suspect is arrested and asked to provide a urine sample, an Ohio Department of Health regulation states, “The collection of the urine specimen must be witnessed”. The precise meaning of “witnessed” was the subject of a recent case in an Ohio court of appeals. The case is State v. Woltz. The defendant, Woltz, was arrested for OVI and taken to a police station. At the station, Woltz was asked to submit to a urine test, and she consented. The defendant was a female, and the arresting officer was a male. Accordingly, the officer asked a female dispatcher to witness the collection of the urine specimen. The urine specimen was given to the officer and sent to a crime lab. The crime lab analyzed…
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"Punishment and Human Dignity: Sentencing Principles for Twenty-First Century America"
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Top-Ten Recent SSRN Downloads in Criminal Procedure eJournal
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...
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Injury Crash Northeast of Carey
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: 04/28/2018 07:55 P.M. Please direct questions to the District Office On Saturday, April 28, 2018, at approximately 1:10 P.M., the Idaho State Police investigated a single vehicle injury crash northbound US20-26-93 at milepost 221, northeast of Carey. Kirt Armistead, 48, of Kimberley, British Columbia, Canada, was driving in a 2013 Freightliner semi pulling a trailer. Armistead failed to negotiate a curve, overturned, and came to rest on the truck's top on the right shoulder. Armistead was wearing a seatbelt. Armistead was transported by air ambulance to Portneuf Medical Center in Pocatello. This crash is under investigation by the Idaho State Police. 3984…
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Special Ed Teacher Suspected of Theft and Resale of School iPads
An elementary school special education teacher has been accused of stealing iPads that belong to the school district and reselling them for profit. Her boyfriend is also a suspect in the purported activity. 42-year-old Amanda Mirkovich has been employed with the Clark County School District in Las Vegas since 2013. For the past three years, she has been on an assignment as a special needs teacher at Tate Elementary School. During the course of an investigation, authorities were sorting through the transaction records from the local pawn shops on April 3 when they discovered three iPads that raised their suspicions. Upon further inspection, they learned that the electronics had black stickers placed on the underside that seemed unusual. When the stickers were removed an engraving saying “Property of the Clark County School District” was revealed beneath the concealing label. Continue reading →
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E.D.N.Y.: Def’s search incident of his backpack for fraudulent use of a Metrocard was valid at least on GFE and inevitable discovery
Defendant was stopped for using a school student’s Metrocard to get on the NYC subway because he looked and was a so older. His backpacked was removed, and he was handcuffed. His backpack was searched incident to his arrest. The … Continue reading →
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DAVID TUESTA, VIAJES AL EXTRANJERO, VERDADERO DESPROPÓSITO Y DESPILFARRO DE DINERO
En recientes declaraciones del Ministro de Economía prometió reducir gastos superfluos, entre ellos, sin que necesariamente tuvieran tal calificativo, los gastos de viaje que, en el caso del Ministerio de Defensa son escandalosos, existen otros que, dada la reunión de la que se trate estos pueden etiquetarse como innecesarios (superfluos), es el caso de la siguiente autorización en mi concepto. Autorizan viaje de personal del Viceministerio de Comercio Exterior a Canadá, en comisión de servicios. RESOLUCION MINISTERIAL Nº 145-2018-MINCETUR Lima, 19 de abril de 2018 CONSIDERANDO: Que, el Ministerio de Comercio Exterior y Turismo - MINCETUR, tiene la responsabilidad de elaborar y ejecutar los planes y programas nacionales sectoriales de desarrollo en materia de integración; asimismo representa al Perú en los foros y organismos internacionales de comercio y esquemas de integración y…
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Motions to “Suppress” Evidence – What are they and how to they work?
Judges cannot allow juries to hear evidence that was obtained illegally or in violation of the 4th Amendment to the Constitution. A defense lawyer can file a “Motion to Suppress” evidence that he or she believes fits these categories. A Motion to Suppress Evidence can be a very powerful tool for someone accused of a crime. A couple of our clients have had great results in a couple of recent cases thanks to effective suppression motions. Once a Motion to Suppress is granted, the prosecution is not allowed to use the suppressed evidence at trial. More often than not, this results in reduction or even dismissal of charges against the accused. In one recent case, my client (a young female) was stopped by a State Trooper and held in his vehicle for 23 minutes while he interrogated her and finally searched her vehicle. I filed a motion to suppress the evidence found during that search as obtained in violation of a recent US Supreme Court decision. After a contentious 90…
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E.D.Mich.: No PC for nexus to def’s house, and no GFE
The affidavit failed to show probable cause for nexus to defendant’s house. It was so devoid of probable cause that the good faith exception does not apply. United States v. Myles, 2018 U.S. Dist. LEXIS 69373 (E.D. Mich. Apr. 25, … Continue reading →
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W.D.Va.: Used a summons under 19 U.S.C. § 1509 to obtain information to prosecute defendant for CP doesn’t violate 4A
The government used a summons under 19 U.S.C. § 1509 to obtain information to prosecute defendant for child pornography. Use of § 1509 didn’t violate the Fourth Amendment, and there’s no exclusionary rule for violation anyway. Defendant’s claim that the … Continue reading →
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PA: “Reason to believe” in Payton and Steagald means probable cause
“Reason to believe” in Payton and Steagald means probable cause. It cannot constitutionally be less and be faithful to the protection of the home from unreasonable invasions. This case includes a thorough discussion of both cases and their constitutional requirements. … Continue reading →
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NY4: Def’s actions supported PC for a body SW
Officers executing a search warrant saw defendant acting like he had something hidden in the back of his pants. Defendant’s squirming and clenching his butt strongly suggested to the officer that he had drugs hidden in his rectum. The search … Continue reading →
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AL: There is no REP in a LPN on a vehicle
There is no reasonable expectation of privacy in a license plate, and the Fourth Amendment doesn’t prohibit running the tags for any reason. State v. Abrams, 2018 Ala. Crim. App. LEXIS 24 (Apr. 27, 2018). The government obtained internet routing … Continue reading →
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Top-Ten Recent SSRN Downloads in Criminal Law eJournal
are here. The usual disclaimers apply. Rank Paper Downloads 1. Computer Crime Law (Introduction) Orin S. Kerr University of Southern California Gould School of Law Date Posted: 13 Apr 2018 [2nd last week] 401 2. Is Tricking a Robot Hacking?...
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