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News release - Elmore County Sheriff Office: Officer-involved shooting, May 25, 2018

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Note: This press release is being forwarded at the request of the Elmore County Sheriff Office. It was previously published today on that agency's FaceBook page. Immediate Release, May 25, 2018 Contact: Tim Marsano, ISP PIO, 208.884.7122 ****PRESS RELEASE**** Sheriff Mike Hollinshead Today, May 25, 2018 at approximately 8:49 a.m., Elmore County Sheriff?s Deputies were dispatched to a residence who was reporting a white pickup truck driving recklessly through his private property. Deputies located the vehicle and attempted to stop it. The suspect at that time increased his speed in attempt to elude the deputies. Deputies pursued the vehicle, which became disabled during the pursuit. The vehicle's driver, adult male, exited the vehicle and after a short foot pursuit turned and brandished a very large military style knife and threatened the deputies. At that point one deputy discharged his duty weapon. The suspect was deceased at the scene. The deputies were not…

Two vehicle crash near Terreton, blocking lanes.

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 6 1540 Foote Dr. Idaho Falls, Idaho 83402-1828 (208) 525-7377 FAX: (208) 525-7294 For Immediate Release: 05/25/2018 1:30 p.m. Please direct questions to the District Office The Idaho State Police is currently investigating a two vehicle crash eastbound SH33 at milepost 50, near Terreton. Both lanes of travel are blocked for the crash. 3643/3632 -------------

Some interesting holiday weekend reads on modern marijuana reform realities

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As we head into a long weekend, I have noticed a few interesting reads about modern marijuana reform realities: From The Atlantic by Ronald Brownstein here, "Will Texas Follow Houston’s Lead on Drug-Policy Reform?: District Attorney Kim Ogg is rapidly implementing progressive policies in Harris County—and she intends to be...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/n-5IdcFo9wc" height="1" width="1" alt=""/>

Week of May 21 - 25, 2018

Ouch! Grill Burn Injuries this Memorial Day

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Earlier this week, we talked about the overall safety one should keep in mind for the upcoming Memorial Day weekend. Aside from many injuries resulting from travel and congested roadways, burn injuries from grilling are something you should be on the lookout for. Memorial Day is one of the most popular grilling days of the entire year. According to the Hearth, Patio and Barbecue Association (HPBA), sixty percent of Americans plan on grilling this weekend. With that many people grilling, burn injuries are bound to happen. In fact, the month of May accounts for 14 percent of all grill fires. The only month with a higher percentage of grill fires is July. From 2011 to 2015, an estimated 9,600 home fires occurred involving grills and other outdoor cooking equipment, such as barbeques and camp stoves. These fires resulted in an average of ten casualties per year, along with 160 reported injuries and $133 million in property damage. From 2012 to 2016, 16,600 people per year ended up…

Blocking Crash WB I-86 mp 56

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5255 S. 5th Avenue, Suite 2 Pocatello, Idaho 83204 (208) 239-9800 FAX: (208) 239-9885 For Immediate Release: Friday May 25, 2018 3:30 p.m. Please direct questions to the District Office The Idaho State Police is currently investigating a blocking crash westbound on I-86 at milepost 56, the airport exit. Traffic is being diverted off exit 56 at this time. 3632/3643 -------------

Stolzenberg et al. on Questioning Children

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Stacia Stolzenberg, Kelly McWilliams and Thomas D. Lyon (Arizona State University (ASU) - School of Criminology & Criminal Justice, City University of New York - John Jay College of Criminal Justice and University of Southern California - Gould School of...

Update: Blocking Crash WB I-86 mp 56

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5255 S. 5th Avenue, Suite 2 Pocatello, Idaho 83204 (208) 239-9800 FAX: (208) 239-9885 For Immediate Release: Friday May 25, 2018 4:10 p.m. Please direct questions to the District Office ***Update*** All lanes are back open. 4039 ***End of Update*** The Idaho State Police is currently investigating a blocking crash westbound on I-86 at milepost 56, the airport exit. Traffic is being diverted off exit 56 at this time. 3632/3643 -------------

Actor Gets DUI After Police Try to Assist With Uber

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A man who formerly starred on a popular soap opera was allegedly intoxicated and helped by police officers when he was unable to order an Uber, but he was still charged with DUI when he did not take the Uber home and went to his vehicle instead. On Sunday, May 20, 37-year-old Justin Torkildsen, a Daytime Emmy Award-winning actor who previously worked on The Young and the Restless was a patron in the St. Julien Hotel. While the Boulder, Colorado, native was there he reported that he had consumed four beverages resembling fruit punch and as he attempted to depart the staff believed he was intoxicated. They notified the Boulder Police for fear that it would be dangerous if Torkildsen attempted to drive in that condition. Police arrived near 1:00 a.m. and they allegedly witnessed signs of inebriation in the way that Torkildsen was carrying himself. Continue reading →

Update - Crash Blocks Left Lane EB I84@195 in Jerome County.

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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: 05/25/18 9:15 P.M. Please direct questions to the District Office **Update 2** On Friday, May 25, 2018 at approximately 4:31 P.M., Idaho State Police investigated a two-vehicle crash on Interstate 84 at milepost 195. Andrew Birdsong, 35, of Rupert, Idaho, was traveling westbound in a 2007 Peterbilt semi pulling a single trailer. Birdsong's vehicle lost a tire and crossed through the median, colliding with a 2009 Buick Enclave traveling eastbound driven by Brenda Clemons, 45, of Melba, Idaho. The eastbound lanes of travel were blocked for just under one and a half hours. All occupants were wearing their seatbelts. 3984 / 3683 ***End of Update*** *****…

Final Update: Blocking Crash WB I-86 mp 56, near Chubbuck

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5255 S. 5th Avenue, Suite 2 Pocatello, Idaho 83204 (208) 239-9800 FAX: (208) 239-9885 For Immediate Release: 5/25/18 - 10:00 p.m. Please direct questions to the District Office On Friday, May 25th, 2018, at approximately 2:47 p.m., Idaho State Police Investigated a single vehicle rollover property damage crash on westbound Interstate 86 at milepost 56.5, near Chubbuck. Michael Biorn, 46, of Chubbuck, was driving westbound on Interstate 86 in a GMC pickup towing a camper trailer towing an ATV trailer. The camper trailer swayed and tipped over. The pickup rolled and came to rest on its roof. The lanes were blocked for approximately two hours. All occupants were wearing seatbelts. At approximately 3:02 p.m., Idaho State Police investigated a secondary three-vehicle property damage…

Child Custody in New York Family Court: Physical, Legal and Joint Custody

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One of the fundamental distinctions in Family Law that often goes overlooked by the lay person and is only truly understood when a Family law attorney or New York child custody lawyer is consulted, is physical vs. legal custody as addressed in New York Family Court Act Article 6. Generally speaking, physical custody has to do with where the child or children primarily reside, and legal custody has to do with decision-making and child-rearing issues. While joint physical is fairly uncommon, due to the obvious practical difficulties for a child in many common circumstances, so-called “joint” legal custody is much more frequently ordered and/or agreed to. To a substantial degree, getting the visitation or “parental access” right is critical to making joint custody work. Physical Custody and Visitation Sometimes referred to as visitation, access, parenting time, or other colloquial terms, visitation is the schedule and time the non-custodial parent spends…

The Baby Bust: When Goldberg Shunned Malthus

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Whenever a new stat comes out, people with agendas try to figure out how to use it to their advantage. It usually reveals more about the person doing the interpreting than the stat to be interpreted. And so it is with America’s birthrate. Last week, the National Center for Health Statistics reported that America’s birthrate reached a historic low in 2017, falling to 60.2 births per 1,000 women of childbearing age. For a population in the developed world to replace itself, the average woman needs to have around 2.1 children. In the United States, where fertility has been below replacement for about a decade, the average woman now has 1.77. The stat shows that we’re not having enough children to maintain our population. In the late 1960s, there was a push for this outcome, called Zero Population Growth, premised on the belief that our birthrate was unsustainable and would result in starvation and devastation of resources. There was a time when…

Politics and Brain Surgery

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Orin Kerr famously wrote “brilliant people agree with me.” One of the consequences of confirmation bias is that we are overly impressed by ideas that we happen to share. It’s a natural instinct, if not watched carefully. If you read something that reflects or resonates with your own views, you’ll agree with it. Upon agreeing with it, you’ll think it is highly persuasive. And if it’s highly persuasive, it’s probably brilliant. That was in 2010, back when times were simpler and our world bucolic. Today the adjectives have expanded to “moral,” “decent” and “just.” All moral, decent and just people will certainly agree, because to disagree makes you immoral, indecent and unjust. This is a subtle but significant paradigm shift, where any disagreement no longer relates solely to your intelligence, but the goodness of your soul. Before you were stupid. Now you’re stupid and venal. It’s…

How to Invoke the 4th Amendment: Understanding Searches

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For a criminal suspect to invoke the 4th Amendment to the Federal Constitution and enjoy its protection, he or she must first satisfy several prerequisites.  Imagine that your next door neighbor breaks into your home, goes through your safe, finds drugs, and turns those drugs over to the local police.  It may seem as if this fact pattern not only invokes the 4th Amendment but violates its provisions.  This conduct, however, would not violate the Amendment, and the state would be free to use that evidence in its prosecution.  This hypothetical illustrates an important prerequisite: for the 4th Amendment to apply, one must have government action.  So long as the government did not encourage or direct the neighbor to break in and obtain that contraband, the 4th Amendment will not exclude admission of that evidence. The second prerequisite requires the government conduct at issue to constitute either a search or a seizure.  If the government’s…

Short Take: Harassment and the ACLU Menace

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When the issue came before the Supreme Court in Davis v. Monroe County Board of Education, the Court held that schools could be liable for peer to peer harassment under Title IX, but only if it was “so severe, pervasive, and objectively offensive that it can be said to deprive the victims of access to the educational opportunities or benefits provided by the school.” If this sounds vaguely, but not exactly, familiar, it’s because disingenuous advocates have misstated it. They changed the conjunctive to the disjunctive and then promoted the notion that any one of these criteria, watered down again by rhetorical gamesmanship, would suffice. As it involves harassment, it primarily implicated speech, as conduct was characterized by its criminal nature, assault or rape. And what organization was out there to defend speech, to defend against the false characterization of law to reduce the burden to punish speech? It’s not the ACLU. But the American Civil…

UT: The fact an electronic warrant application is acted on quickly doesn’t mean reviewing court should be “skeptical” of PC finding

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This case started with a cell phone stolen from a customer in a grocery store. The police pinged the phone and it came back as being located at defendant’s house. Police went there to talk to defendant, and he had … Continue reading →

AZ: Trial court didn’t make finding on Strickland IAC prejudice for failure to argue curtilage; remanded

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Defense counsel deliberatedly didn’t make a claim officers violated curtilage in their initial entry to defendant’s property. The first search warrant application was rejected by one judge. The affidavit was redrafted with additional facts and presented to a second judge … Continue reading →

Alfredo Bullard y la Institucionalidad

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https://elcomercio.pe/opinion/columnistas/jodio-peru-alfredo-bullard-noticia-522785 “Como es evidente, las dos horas de discusión no fueron ni remotamente suficientes para encontrar una solución a ambos problemas. La economía informal refleja una forma ineficiente de producción, que es incapaz de alcanzar economías de escala y que no puede acceder a tecnología e información para mejorar su productividad. Entre los problemas que discutimos también estuvieron el del acceso a una educación de calidad, la falta de un rol promotor del Estado para proveer conocimiento y la desigualdad.” “Pero, sin duda, el principal de todos los tópicos que abordamos fue la falta de institucionalidad. El Consenso de Washington, que impulsó en esta parte del continente programas de estabilización económica (conocidos como ‘shocks’), fue efectivo para sacar a los países…

OK: Even if protective sweep was pretextual, the case parallels McArthur and there was PC for warrant without it

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The trial court held that the protective sweep here was pretextual and suppressed. The court of criminal appeals held that this case was strikingly similar to Illinois v. McArthur. There was valid third party consent to the entry. The information … Continue reading →
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