In a border search case, defendant’s consent to produce his passwords doesn’t matter because the government has the authority to conduct a search of incoming electronic equipment. United States v. Vallerius, 2018 U.S. Dist. LEXIS 85620 (S.D. Fla. May 1, … Continue reading →
S.D.Fla.: Consent to giving up passwords at border irrelevant since CBP can search anyway
↧
↧
W.D.Wash.: RS present for protective weapons search of car under Long
There was reasonable suspicion for defendant’s stop, and that included a protective weapons search for a firearm under Michigan v. Long, which produced one. United States v. Caraang, 2018 U.S. Dist. LEXIS 81814 (W.D. Wash. May 15, 2018).* In the … Continue reading →
↧
NOT GUILTY: Attorney Goldstein Obtains Full Acquittal in Jury Trial for Client Charged with “Second Strike” Gunpoint Robbery
Commonwealth v. R.R. Criminal Defense Attorney Zak Goldstein The Philadelphia criminal defense lawyers of Goldstein Mehta LLC continue to obtain outstanding results in the courtroom. Recently, a Philadelphia jury acquitted Attorney Goldstein’s client of all charges in a gunpoint Robbery case following a two-day trial. The EvidenceProsecutors charged R.R. with Conspiracy, Robbery, Theft, Receiving Stolen Property, and various Violations of the Uniform Firearms Act. Prosecutors alleged that R.R. and another gentleman followed the complainants home from a Burger King at around 2 in the morning and blocked the complainants from parking. The complainants claimed that the robbers eventually let them park, and they then got out of the car. The robbers got out also, and one of the robbers pulled a gun and pointed it at the complainants. The driver of…
↧
Rooting for Sterling Brown
My wife didn't previously know Milwaukee had an NBA team and couldn't pick Giannis Antetokounmpo out of a lineup. But the Sterling Brown case has caught her attention and fueled her outrage. Brown, a 6'6" shooting guard, was approached by a police officer for parking in a handicapped spot outside a Walgreens at 2 a.m.. Rather than ticket him and let him go, the officer called for backup and Brown was dragged to the ground, cuffed, and tazed. Brown himself isn't letting the issue go, and the statement by the Bucks on the case was exceptionally strong.Seeing as Brown played at SMU in his college days, there's a vague Texas connection here. But as the missus' reaction demonstrates, this case appears poised to become culturally important beyond jurisdictional specifics.Sports permeates aspects of the culture that a political protest on the same topics could never reach, which is why the NFL anthem protests have…
↧
OHIO DEFENSE LAWYERS TALK MARIJUANA AND MONEY IN MYRTLE BEACH
Myrtle Beach, for the second year in-a-row, was the site for a seminar and retreat for the Ohio Association of Criminal Defense Lawyers (OACDL). I intended to go last year, but the timing didn’t work with my schedule. When it came up again this year, I made the event a priority on my calendar. I’m so glad I did. The unique seminar format, the interesting topics and the camaraderie made for a great experience. The continuing education part of the retreat was unique. Rather than having the room arranged like a classroom, the tables were set up in a rectangle, like a meeting. It also didn’t hurt to have the beach as a backdrop. The speakers, rather than giving a monologue presentation, facilitated lively discussions. Medical Marijuana And Ohio Law One topic we discussed was marijuana. The Ohio legislature passed a law two years ago permitting the use of marijuana for medical purposes under certain circumstances, but the regulations for…
↧
↧
MEMORIAL DAY WEEKEND
It's a wet and rainy Memorial Day Weekend. South Florida's beaches and golf courses and outdoor malls will have to wait for another day. Court's are closed Monday so don't show up looking for a trial. Here's a couple of things to ponder:When someone dies and we post an obituary on the blog, why do some people feel compelled to write awful things?Ditto when someone retires. We would respect a negative comment if it wasn't anonymous. Ditto when someone runs for judge or is elected judge. The internet seems to be a great anonymous equalizer. It has become some sort of therapists couch where people feel free to open up and say the most awful things without fear. When someone gets a big case why do other lawyers snipe behind their backs? Why do lawyers resent the success of others? You know what we all need? More poetry in our lives. The writer Ray Bradbury wrote about his success as a writer and…
↧
Video games spuriously blamed for school shooting violence
Lt. Gov. Dan Patrick wants to respond to the Santa Fe school shooting by cutting subsidies aimed at luring video game manufacturers to Texas on the grounds that they promote a culture of violence. “We have devalued life, whether it’s through abortion, whether it’s the breakup of families, through violent movies and particularly violent video games, which now outsell movies and music,” he told ABC News' George Stephonapoulos. Grits has a long record of respect for the Second Amendment, but this seems like pure deflection: “We cannot sit back and say it’s the gun,” Patrick told ABC-News. The guns aren't to blame, but video games are? Huh.Personally, Grits believes violent video games have contributed to crime reductions, and this article co-authored by a couple of Texas academics demonstrates why. (Bottom line: Kids spending hours honing video game skills don't have time to…
↧
You can't prevent overdose deaths by scaring people into not calling 911
In 2015, Gov. Greg Abbott vetoed life saving "Good Samaritan" legislation that would have let people call 911 when their friends overdose without being prosecuted. But some states are going even further, prosecuting defendants for murder if they shared drugs with an overdose victim, the New York Times reported this week:As overdose deaths mount, prosecutors are increasingly treating them as homicide scenes and looking to hold someone criminally accountable. Using laws devised to go after drug dealers, they are charging friends, partners and siblings. The accused include young people who shared drugs at a party and a son who gave his mother heroin after her pain medication had been cut off. Many are fellow users, themselves struggling with addiction. Such cases are becoming more common even as the role of the criminal justice system in combating drug abuse has become hotly contested, and even as many prosecutors — including those who…
↧
W.D.N.C.: RS applied to the car def got into despite the fact he wasn’t there when an occupant hid a gun
Officers had reasonable suspicion to conduct a protective weapons search of the car defendant came out of a motel and got into. While watching the car, before defendant was there, officers saw a juvenile hiding a gun under the floor … Continue reading →
↧
↧
D.Mont.: No SW needed for non-tribal officer to enter a reservation
The search here was in a remote area on the Crow Nation. First, officers had exigency because it was cold, raining, and getting dark, and evidence might be lost. Also, defendant was abandoned there by his assault victim, and he … Continue reading →
↧
FL4: State law doesn’t bar officer from getting SW out of jurisdiction
State law does not limit a law enforcement officer from applying for a search warrant outside the officer’s territorial jurisdiction. [Neither does the Fourth Amendment, but it isn’t even cited.] State v. Stouffer, 2018 Fla. App. LEXIS 7274 (Fla. 4th … Continue reading →
↧
Rich Man Bail
Almost immediately after OJ’s aquittal, defendants came to the office demanding a “dream team.” OJ had a dream team, and they wanted a dream team too. Me: Cool. How much money do you have? Client: Money? Me: Dream Teams cost money. How much money do you have? They could not, of course, afford a dream team. Some couldn’t afford a lawyer at all. Some would complain that it wasn’t fair, and perhaps it wasn’t, but that wasn’t going to change anything. They were entitled to counsel because the Sixth Amendment says so. They were not entitled to my counsel. Nor were they entitled to a dream team. The law, in its majestic equality, forbids rich and poor alike to sleep under bridges, to beg in the streets, and to steal their bread. –Anatole France When Harvey Weinstein decided to surrender, it was handled in the usual manner, prompting writer Samuel Oakford to ask: Why do rich people get to come to an agreement or whatever with authorities…
↧
IRLANDA, REFERENDUM EN FAVOR DEL ABORTO
Puedo entender el problema de las mujeres y su ansiedad por matar a un ser absolutamente indefenso que crece en su vientre; La posibilidad de embarazarse restringe mucho la vida sexual de las féminas y bueno matar a una personita indefensa y NO deseada es una solución. Lo que NO puedo entender es la algarabía por el resultado de la consulta, incluso, como verán en las imágenes hay una mujer haciendo el "corazón" con sus manos, una muestra de amor sin duda. ¿Cómo alegrarse y sentir AMOR ante la posibilidad que le concedan el derecho de matar? Seguramente son los "avances" de la mujer en la sociedad moderna. jejejejej!!!! ver:https://larepublica.pe/mundo/1249700-twitter-irlanda-acaba-tabu-aborto-revolucion-silenciosa-fotos-viral-historia En el Diario Perú 21 de Lima - Perú se publicó en la Columna el Tema de hoy: Un problema de salud mental …
↧
↧
Short Take: Shaun King’s Mystery Theater
First there was the outrage. The story Dixon-Cole spun afterward was alarming: She claimed the trooper repeatedly told her he would let her go in exchange for sexual favors. When she said no, she claimed the trooper sexually assaulted her, according to a statement Monday from her attorney. The 37-year-old North Texas woman’s story was widely shared on social media, aided and amplified by social activist Shaun King, who recently brought attention to the New York lawyer who made xenophobic comments about Spanish-speaking employees at a New York deli. “This system was not designed to protect us — it was designed to punish us,” King wrote in a blog post, “and for it to do anything other than that — we must force it work on our behalf.” Here’s the defense strategy. Find someone with a big enough megaphone who’s stupid enough, and wants so desperately, to believe a…
↧
Seaton: More Hollow Promises For Tennessee’s Indigent Defense Waltz
Adherence to the Constitution requires adequate funding. It isn’t satisfied by pretending to care. Either you will honor the Constitution by funding indigent defense, or you will fail the people of this State, but you will no longer trick them by putting on a show. —My statement to the Tennessee Indigent Defense Task Force on May 20, 2016. If you ask just about any current member of the General Assembly, they will tell you that the annual appropriation to fund indigent defense representation programs is among the least popular appropriation they make every year. In fact, many legislators lean toward cutting this appropriation…I mention this only to help you understand that there is no chance…that the General Assembly will agree to appropriate more money to fund the current system. Thus, any proposal to increase the current appropriation…to represent indigent criminal defendants is and will continue to be dead on arrival. —Task Force…
↧
When Is the Start Date of Your Separation?
The start date of your separation is important to know in North Carolina because you can’t get divorced until you’ve been separated for one year. So when does your separation officially begin? Your separation starts when the following two criteria are met: You live separate and apart from your spouse (more on this below), and At least one spouse intends to continue living apart indefinitely. Those are the only requirements. You don’t need to file any court documents or create a separation agreement in order to begin your separation. Live Separate and Apart from Your Spouse The most common mistake people make is when they live or sleep in separate bedrooms in the same home. This is not enough to satisfy the legal requirements for separation. Even if you aren’t talking to your spouse or spending any time with them, you can’t live under the same roof. You may want to consult with a divorce attorney before you even begin the separation process. The…
↧
Defense Attorney Zak Goldstein Selected to 2018 PA Super Lawyers Rising Stars
Philadelphia Criminal Defense Lawyer Zak T. Goldstein, Esq. Criminal Defense Attorney Zak T. Goldstein, Esq. Selected to 2018 PA Super Lawyers Rising Stars Zak T. Goldstein, Esq., Criminal Defense Attorney at Goldstein Mehta LLC, has been named to the 2018 Pennsylvania Rising Stars list. This is an exclusive list, recognizing no more than 2.5 percent of the lawyers in the state. Super Lawyers, part of Thomson Reuters, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process, which results in a credible, comprehensive and diverse listing of exceptional attorneys. The Super Lawyers and Rising Stars lists are published nationwide in Super Lawyers Magazines and in leading city and regional magazines and newspapers across the country. Super…
↧
↧
How to Catch a Sex Predator—Sex Sting Operations Uncovered
How to Catch a Sex Predator—Sex Sting Operations Uncovered In 2017, Florida police arrested 277 people in a sex sting operation. Those arrested included pharmacists, police officers and doctors. The sex sting operation, known as “Operation No Tricks, No Treats,” ran from October 10th to October 15th, and was spearheaded by the Polk County Sheriff’s Office, although several law enforcement agencies took part in the operation. False advertisements were posted on social media sites and websites, with the law enforcement officers posing as underage girls and boys on the Internet. Of the 277 arrested, 209 of them were charged with soliciting undercover detectives, while 51 were charged with prostitution on the Internet. The remaining 17 were charged with other offenses. Polk County Sheriff, Grady Judd, noted this was the largest arrest in the history of the sheriff’s office. Judd added that his department found themselves…
↧
MEMORIAL DAY 2018
Lest we forget, on Memorial Day we remember the men and women who died fighting for this country and the freedoms we all enjoy. Part of those freedoms the men who are buried in France (pictured above) fought for are the right to hold repugnant and unpopular thoughts. This is a uniquely American trait. We just don't think our soldiers died for the right for a Judge to call people of color "thugs" and "moolies". We just don't think our soldiers died for the right of the President of the United States to call immigrants "animals". Both comments dehumanize people, and that is not what this country is about. Nazism dehumanized people. So did slavery which existed in our country for the first seventy-five years. The best about America is the belief that "All men are created equal." The best about America is that we hold our mistakes out for all to see, and then we strive to be better. Stay…
↧
NYTimes: Can 30,000 Cameras Help Solve Chicago’s Crime Problem?
NYTimes: Can 30,000 Cameras Help Solve Chicago’s Crime Problem? By Timothy Williams Armed with advanced gadgets and mapping, officers can get to crime scenes “in time to see the guy still shooting.” But what does it mean for residents’ privacy? … Continue reading →
↧
More Pages to Explore .....
