For any officer to make a traffic stop he or she must have reasonable suspicion. But, what is reasonable suspicion? Well, based on the famous case, Terry v. Ohio, the officer must have the belief based on specific articulable facts that criminal activity is afoot. But still, what does reasonable suspicion mean? Just like most law driven answers, “it depends” and “it’s determined on a case by case basis.” Does an officer have reasonable suspicion for a traffic stop when the vehicle is in the same area of reported gunshots? In the 5th district court of appeals case, Texas v. Montiel-Contreras, the answer is yes. Here, the defendant, charged with DWI, after being pulled over in the same complex where gunshots were heard. The officer heard gunshots coming from the defendant’s area on top of numerous 911 calls made that night describing hearing shots and seeing a black man with a gun. Continue reading
Reasonable suspicion…
↧
↧
Resisting Contract Law’s Paradigm Slip Through Shared Meaning
Robin B. Kar & Margaret J. Radin, Pseudo-Contract & Shared Meaning Analysis, 132 Harv. L. Rev. (forthcoming 2019), available at SSRN. Nancy Kim By now, it’s old news that contracts have undergone a transformation in the couple of decades and not for the better. Just thirty years ago, it was a relatively rare occasion when the average American entered into a contract. It may have been a lease or a home purchase, or maybe a car rental agreement. But to purchase a shirt at the mall did not require signing a contract unless it was to sign one’s name on a credit card slip. What a difference the Internet makes. Now, people routinely are deemed to have entered into “contracts.” In their article, Robin Bradley Kar and Margaret Jane Radin address this phenomenon, putting the term “agreement” and “contract” in scare quotes to underscore how these types of “contracts” have “fundamentally different…
↧
No Saint In The City
When the video first appeared, I was sure it had to be a tourist. By tourist, I meant either an actual tourist or some out-of-town businessman, someone who wasn’t a New Yorker. That’s because I couldn’t fathom any New Yorker noticing, lest being bothered, by the fact that Spanish was being spoken in restaurant. And this guy wasn’t merely bothered, but lashed out. A Midtown lawyer was caught on video yelling racist comments at Spanish-speaking restaurant workers — and threatening to call immigration officers to have them “kicked out of my country.” The nearly minute-long viral clip picks up with the unhinged man (right) railing, “Every person I listen to — he spoke [Spanish], he spoke it, she’s speaking it — it’s America!” As it turned out, not only wasn’t it a tourist, but it was a lawyer. A Manhattan lawyer according to the font of such matters, Shaun King. Some of you might be inclined…
↧
Accountants and Family Law Cases
Family law cases involving complex financial issues often require the assistance of a financial expert for the following issues: Preparing a financial disclosure, including creating a marital balance sheet Comparing balance sheets from period-to-period to evaluate changes in assets and liabilities Analyzing financial disclosures or affidavits prepared by the spouses Calculating the historical income of the spouses Determining income (or the ability to pay) in order to calculate support Determining the standard of living (or the need for support) Valuing business entities or other assets (such as real estate, pensions, and the like) Identifying assets and determining whether they are non-marital (separate) or subject to division (marital or community) Tracing and finding funds or other assets Analyzing claims of dissipation, wasteful spending, or fraudulent conveyance Evaluating the income tax impact of various scenarios Assessing the work of an opposing financial expert Other…
↧
The Trope Of The “Making Of A Nazi Trope”
Trump’s joke was that if he murdered someone on Fifth Avenue, his supporters wouldn’t care. And for some, that’s likely true. Can the same be said for Michael Avenatti, at least for the moment? So, if you’re counting, this makes at least three media outlets @MichaelAvenatti has made blustery, buffoonish legal threats to. But, by all means, keep being an uncritical worshiper. https://t.co/twMepfDKAB — Popehat (@Popehat) May 17, 2018 What made this curious is that Ken has been calling out people who threaten defamation suits for years, invariably to the applause of those who despise the blustering assholes who try to silence criticism. But this time was different. Ooh! What a pithy rejoinder! Musta won the Debate Queen title in high school, huh? If you are attacking Avenatti, the world can safely assume you are a Trump Troll. Buh-bye. — Steve D. (@SDuskin) May 17, 2018 The only difference is that the blustering asshat wasn’t some random…
↧
↧
You Have a Will, Is that Enough?
Roughly half of all Americans don’t have a will, so if you’ve already taken this vital step to protect your assets and successors then congratulations are in order – you’re already ahead of the curve. While a will is a necessary document that every person who owns assets should have, it is still a relatively simple document that may not cover everything you want it to. You may want to consider creating an estate plan that involves the use of a living trust, plus other important documents like a power of attorney for finances and health care directives. To over-simplify it, an estate plan is a more comprehensive way than a will to instruct how your estate is to be distributed after your death, and how your assets should be managed if you become disabled and unable to make financial or health care decisions. Estate plans can save you and your successors substantial amounts of money in court costs, legal fees, and taxes. Consider the following items…
↧
What to Do If You Are Accused of Child Abuse in Colorado
Have you recently been accused of child abuse in Colorado and you’re not sure of how to proceed? If you find yourself in this situation, you are not alone. Being accused of child abuse is a serious allegation and one that may not only affect your reputation but also your ability to spend time with your children. Defending against false accusations of child abuse in Colorado must begin with the support of an attorney. Unfortunately, false accusations of child abuse can have negative consequences for you and it can be very difficult to fight back when you have been accused. In a child abuse case, the legal system is structured to protect the child at all times. This means that this can greatly hurt you in an allegation. You need to identify a child abuse attorney in Colorado who has a successful defense record in handling these types of cases. You will want to ask specifics about the kinds of cases they have handled before because you need to hire an attorney to evaluate…
↧
Georgia Lane Change Wrecks May be Serious
Georgia lane change wrecks occur on a daily basis. However, far too often drivers switch lanes without realizing they lack the space to do so. Another vehicle may be in their blind spot or another car may have to take evasive action to avoid a crash. Typically, the driver who is seeking to change lanes is to blame for these kinds of accident in Georgia. Drivers in the state are not permitted to change lanes unless they can do so safely. There are cases in which the driver who changed lanes was not at-fault for a Georgia lane change wreck. Lane changing accidents are deadliest when they occur at a high speed on interstates such as I-285 and I-675. Other cars may swerve to avoid a vehicle encroaching into their lane and hit other vehicles or cause serious rollover crashes. In Georgia, a driver can only change lanes when it’s reasonably safe to do so. The onus is on the driver who is changing lanes to be aware of surrounding traffic, check blind spots, and show the…
↧
How Do Charges Differ for Repeat Drug Possession Offenders in NJ?
Across the country, drug possession, addiction, and rehabilitation are incredibly common issues that affect thousands. In favor of alleviating addiction or drug dependence and avoiding overly harsh penalties for first-offenders, many first offense drug possession crimes are punished with lower sentences and alternative penalties that include drug rehabilitation and community service. For offenses after a first offense, judges and prosecutors are less willing to give you a break and may fight for harsher penalties for repeat offenders. Because of this, you need an attorney who will put up a tough fight to help protect you from unfair penalties and push for rehabilitation and drug abuse programs instead of jail time. For a free consultation on your repeat drug offense charges and for further legal help, call the Atlantic City drug crimes lawyers at The Law Offices of John J. Zarych today. NJ Drug Statute for Repeat Offenders Under New Jersey law, most drug…
↧
↧
N.D.Cal.: “Let me see ___” when defendant was seized is not consent
“Let me see ___” when defendant was seized is not consent. United States v. Rosette, 2018 U.S. Dist. LEXIS 80985 (N.D. Cal. May 14, 2018): 2. . . . Given the testimony of the officers in this case, there appears … Continue reading →
↧
E.D.Mich.: Def’s disclaiming ownership of cell phone when seized is a lack of standing, even when he claimed it after it rang
Defendant had no standing to challenge a search of a cell phone found in his car that he said belonged to his girlfriend. “Jackson does not deny that he disclaimed ownership of the phone at the time it was seized. … Continue reading →
↧
Byrd v. United States: An Examination of Expectation of Privacy in Rental Cars
A recent United States Supreme Court case, Byrd v. U.S., No. 16-1371 (2018) discussed the parameters of expectation of privacy under the Fourth Amendment of the U.S. Constitution. There was a circuit split about whether an unlisted driver of a rental car has a reasonable expectation of privacy in the rental vehicle. The question certified was does a driver have a reasonable expectation of privacy in a rental car when he has the renter’s permission to drive the car but is not listed as an authorized driver on the rental agreement? In the case, Latasha Reed rented a car in New Jersey while petitioner Terrence Byrd waited outside the rental facility. Reed listed no other drivers on her rental agreement and the agreement warned that permitting an unauthorized driver would violate the agreement. Reed gave the keys to Byrd upon leaving the building and he stored his personal belongings in the trunk and left by himself to drive to Pennsylvania. Byrd was…
↧
What to Do After Your Divorce Is Final
If your divorce has recently been finalized, you are likely relieved and wondering how to move on with your life. We have compiled this list of tips to help you live the high quality of life you deserve post-divorce: 1. Change Your Passwords Your ex-spouse likely knows all of the logins and passwords to your online accounts, including email, social media, online shopping sites, credit cards, and bank accounts. Be sure to change all of your online passwords and keep track of them in a notebook or password management app. By changing your passwords, you will not have to worry about your ex causing any damage to your reputation or finances. 2. Join a Support Group A support group can give you the opportunity to meet others who have gone through the divorce process and are coping with the same challenges as you. If you would like more one-on-one guidance, consider seeing a therapist. 3. Plan an Event at Least Once a Month Having something to look forward to each month can…
↧
↧
United States Supreme Court Legalizes Sports Gambling
In an outcome that shocked many across the country, the United States Supreme Court ruled in a 6-3 decision to strike down the “Professional and Amateur Sports Protection Act” which was enacted in 1992. News of the decision was followed by a report with the National Football League (NFL) stating that the United States Legislature wants to enact legislation on legalized sports betting. The state of Michigan has the potential to be impacted greatly by this decision. For further insight on the issue, we turned to experts in the legal community to discuss the issue. Scott Grabel is the founder of Grabel and Associates and has earned a reputation for having the top criminal defense firm in the state of Michigan. Grabel provided his thoughts when he said, “There has always been an element of sports gambling going on throughout the United States. When we look at events such as the NFL and “March Madness” coupled with the Fantasy Sports craze going on in…
↧
Zalman on Godsey on Wrongful Convictions
Marvin Zalman (Wayne State University) has posted Book Review: Mark Godsey (2017). Blind Justice: A Former Prosecutor Exposes the Psychology and Politics of Wrongful Convictions on SSRN. Here is the abstract: Brief review of book by Mark Godsey, Professor of...
↧
US Sentencing Commission releases new research report on "The Criminal History of Federal Offenders"
↧
Updated accounting of America's aging prison population
↧
↧
Medicare Patients Must Pay Up in Personal Injury Cases
Senior citizens and adults with certain disabilities rely on Medicare to pay for their medical expenses. This health insurance coverage is particularly helpful if you have suffered an accident that resulted in a personal injury. As with any accident victim, you have the right to file a lawsuit seeking compensation from the party at fault. However, Medicare patients who are awarded damages from personal injury cases must repay Medicare for medical expenses related to the injuries. You risk financial or criminal punishment if you do not comply with Medicare’s requirements: Reporting Your Incident: You are expected to report any accident involving injury to the Medical Coordination of Benefits Contractor. If you do not report your injury, Medicare officials still have ways to monitor your medical expenses and will reach out to you if they see any doctor visits that suggest an injury. You must answer truthfully when Medicare officially asks you for details about your injury…
↧
"How should we deal with wrongdoing? And you can’t say ‘prison.’"
↧
NC: Knock-and-talk at side door was unreasonable; the fact def’s friends and occasional buyers went to that door and not obvious front door isn’t an excuse
The police did a knock-and-talk and went to a side door. A knock-and-talk is limited to the door the public goes to. The fact an occasional visitor defendant knew well was permitted to go to another door doesn’t give the … Continue reading →
↧
More Pages to Explore .....
