It is difficult for law enforcement officers to describe in the search warrant a protocol for searching electronic data from a cell phone, whether it be a mechanical search or an electronic search. In fact, Cellebrite didn’t work on one … Continue reading →
S.D.N.Y.: Cell phone search protocol can’t be described in SW in advance
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AK: Def’s admission he had a knife during traffic stop justified a further patdown
Defendant was stopped for having studded tires after May 1st, and another warrant surfaced when checking on him. Despite the officer’s discretion to issue a summons or arrest, he still had the authority to conduct a patdown if there was … Continue reading →
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PA Supreme Court: Obvious Typo in Search Warrant Affidavit Does Not Invalidate Otherwise Legitimate Search Warrant
Philadelphia Criminal Lawyer Zak Goldstein What happens if a search warrant has a mistake in it? The Pennsylvania Supreme Court has just decided the case of Commonwealth v. Leed. In Leed, the Court held that a statement contained in one paragraph of a search warrant affidavit, which when read in context of the entire affidavit appears to be an inadvertent error, does not render the affiant’s information stale and therefore lacking in probable cause.The Facts of Commonwealth v. LeedLeed involved the use of confidential informants. A detective with the Lancaster County Drug Task Force spoke with a confidential informant who claimed that the defendant was selling large quantities of cocaine and marijuana in Lancaster. The CI claimed to have recently purchased cocaine from the defendant and that the defendant lived at a certain address in Lancaster.Some time later, a different detective met with a second CI who…
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Now in a dwindling minority, failure to "Raise the Age" creating problems for Texas all over
The Missouri Legislature recently voted to raise the age of adult criminal responsibility from 17 to 18 years old, beginning January 1, 2021. That leaves Texas one of only four states nationally that still prosecutes 17-year olds as adults, despite the fact that an overwhelming majority of GOP primary voters (86%) support changing the policy. This is becoming embarrassing.Quite a few stories you see on Grits are byproducts of Texas' backwards, minority-view policy on who is a juvenile.For example, yesterday in a roundup I'd linked to a Dallas News story about the Youthful Offender Program at the Texas Department of Criminal Justice, which manages incarcerated youth younger than 18. After an adult inmate engaged in sexual relations with one of the youth, the warden and most of the staff were terminated and the entire program was moved to a unit in Huntsville, closer to central administration. This program - and the scandals that come with it - only exist because Texas…
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"Equal Protection Under the Carceral State"
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Lots worth reading on eve of historic recall vote of Califorinia Judge Aaron Persky after his lenient treatment of Brock Turner
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Perjury convictions are worse than suspended driving convictions – Fairfax criminal lawyer
Perjury convictions are worse than suspended driving convictions – Fairfax criminal lawyer Fairfax criminal lawyer warns against lying in and out of court – Perjury convictions must be avoided Perjury convictions are worse than suspended driving convictions. One would think that would be common sense. However, if their perjury convictions are correct, clearly Patricia Gerald and Tarsha Gerald gaffed in lying at their suspended driving trials only to be ultimately convicted both of perjury and repeat suspended driving. Gerald v. Virginia, ___ Va. ___ (May 31, 2018). Virginia criminal attorney perjury convictions being avoided by not lying As a Virginia criminal lawyer, I impress upon my clients not only the necessity under the law not to lie on the court witness stand nor to law enforcement officials (and remaining silent also avoids lying), but also about the strength of the truth. Unfortunately, lying seems so rampant in society that for too many people…
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WaPo: ‘The Watch’ Blog: A South Carolina anti-drug police unit admitted it conducts illegal no-knock raids
WaPo: ‘The Watch’ Blog: A South Carolina anti-drug police unit admitted it conducts illegal no-knock raids by Radley Balko. “Yet local officials don’t seem to mind.” The case: Despite officers’ deposition testimony that they announced before entry shooting plaintiff nine … Continue reading →
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Fatality Crash North of McCammon
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: 06/03/2018 11:00 a.m. Please direct questions to the District Office On Sunday, June 3, 2018, at approximately 7:35 a.m. a fatality crash occured on Interstate 15 at milepost 51, four miles north of McCammon. A grey 2010 Toyota Camry driven by Jose Arzola, 75, of Pocatello, was travelling northbound when the vehicle drove off the left shoulder. Arzola overcorrected, driving off the right shoulder. The vehicle rolled and came to rest off the east side of the interstate, on its top. A passenger of the vehicle, Pedro Paniagua, 82, of San Diego CA, succumbed to his injuries at the scene. Notification to family has been made. The driver, and a second passenger, Guadalupe Arzola,…
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Top-Ten Recent SSRN Downloads in Criminal Law eJournal
are here. The usual disclaimers apply. Rank Paper Downloads 1. Opinion on the Constitutionality of Robert Mueller's Appointment Steven G. Calabresi Northwestern University - Pritzker School of Law Date Posted: 25 May 2018 [new to top ten] 3,552 2. Computer...
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Case o' The Week: Whren is for the Birds -- Mark Johnson and Subjective Intent in Administrative Searches
Ninth ignores defense arguments, relies on cops’ assertions – and reverses for a suppression win!United States v. Mark Johnson, 889 F.3d 1120 (9thCir. May 14, 2018), decision available here. Players: Per curiam opinion: Judges O’Scannlain, Paez, and Bea. Special concurrence by Judge O’Scannlain, joined by Judge Bea. Special concurrence by Judge Paez.Facts: Deputies found Johnson, who was wanted for a warrant. Id. at 1123. They surveilled him at his house, let him drive away from the home, then at an intersection they boxed his car and stopped him. Id. The cops ordered the parked car towed. Id. Before the tow, they did an inventory search and found (among other things) a backpack. Id. They got a warrant and found meth and evidence of drug dealing in the backpack. Id. at 1124. Johnson was charged federally and moved to suppress. Id. The motion was denied, Johnson was convicted after trial, and sentenced to 188…
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June 4, 2018: What You Need to Know
Isn't it funny how almost every United States Supreme Court nominees always tell the American Public prior to their appointment, as well as Congress, that they believe that the hearings should be televised so that all Americans can see the Court function.And then when they get appointed, that position always changes.All hearings should be televised gavel to gavel.End of argument.The opening of CORE here in Hobbs was a major event, and hats off to all the leaders who made it happen.This is one of the reasons you should vote for Newman. He comes from a culture of leadership that has created jobs and economic growth.Herrell doesn't. Newman is the clear choice. But if you needed more proof, just visit http://www.newmexicopoliticaljournal.com and read the guest editorial from the former mayor of Alamogordo.That editorial just about does it for that campaign.As for another, the race between Lujan-Grisham and Pearce for Governor, the latest financial…
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WaPo: A police officer was fired after video showed him running down a fleeing suspect with his car
WaPo: A police officer was fired after video showed him running down a fleeing suspect with his car by Avi Selk. The suspect was fleeing a drug probation violation stop.
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Joe Monahan
It's election eve on Monday, and that means KANW will be broadcasting Joe's Monahan's election eve special on 89.1 FM at 5 PM.Can't wait. Love those shows.And election night coverage will be Tuesday at 6:30.Join in and listen.
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What Are the Different Classifications for Felonies Under Texas Law?
Any type of criminal conviction can have serious consequences for you and your family, including fines, probation, court-ordered classes, community service, and jail or prison time. Since there are more severe penalties for some crimes than others, Texas, like many other states, has developed a classification system for crimes under Texas law. The Texas legislature has defined some crimes as misdemeanors and others as felonies; the classification of each crime mostly depends on the seriousness of the crime. Misdemeanor crimes typically do not carry a jail sentence of more than one year. A person who is convicted of a misdemeanor usually serves his or her sentence in a county jail. While every case is different, a misdemeanor conviction often results in fines, probation, community service hours, court fees, and restitution to any victims of the crime, either in addition to or instead of a jail term of one year or less. Many crimes are classified as misdemeanors, and those crimes…
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Crash Blocks I84@168, near Jerome.
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: 06/03/18 7:13 P.M. Please direct questions to the District Office Idaho State Police is investigating a crash eastbound Interstate 84 at milepost 168, near Jerome. Both eastbound and westbound lanes are blocked at this time. More information will be released as it becomes available. 3642 -------------
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EXIGENT EXCEPTION TO WARRANTLESS SEARCH: 4TH AMENDMENT: DC CRIMINAL LAWYER
The Court of Appeals in Ball v. U.S. decided on May 24, 2018, narrowly affirmed weapons’ conviction under the exigent exception to warrantless search under the 4th Amendment of the Constitution. The trial court had dismissed motion to suppress the evidence based on illegal search and seize paving the way to a conviction. The Fourth Amendment of the U.S. Constitution under certain emergency and exigent circumstances allow an officer to enter a dwelling without a warrant if the officer has an objectively reasonable basis for believing that: The entry is necessary to render emergency assistance to an injured occupant, or To protect an occupant from imminent injury. This warrantless exception known also as the emergency aid exception only requires an objectively and articulable reasonable basis for believing an individual within the dwelling is in need of immediate aid and thus such emergency requires entry into the dwelling dispensing with the 4th Amendment warrant…
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Child in Foster Care Abducted From His Elementary School by Birth Mom
On the afternoon of May 29, a boy in foster care was allegedly kidnapped from his elementary school by his biological mother when she left the campus with him against a court order prohibiting her from doing so. Dylan Kostenko, an 8-year-old student at Towne Elementary School in Carson, lives in foster care since he was removed from his mother’s custody in May 2017. Dylan’s biological mother, 29-year-old Dariia Kostenko, was granted monitored visits with her son, but she does not have permission to retrieve him from school. Continue reading →
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Rap & Daniella on Child Suspects
Stephanie Rap and Zlotnik Daniella (Department of Child Law, Leiden Law School and Independent) have posted The Right to Legal and Other Appropriate Assistance for Child Suspects and Accused. Reflections on the Directive on Procedural Safeguards for Children Who are...
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Venezuelan Regime Frees Dozens of Political Activists in Apparent Gesture of Good Will
The government of Venezuelan president Nicholas Maduro claims to have released 40 political activists on Saturday in a gesture of apparent political good will, the New York Times reports. The Saturday releases follow the alleged release of 39 activists on Friday. The regime originally jailed the activists for participating in political protests in 2014 and 2017 against the government, which had turned violent, resulting in 170 deaths. Human rights groups allege that the number of activists the government claims to have released are inflated, and put the true number closer to a total of 40 over the two days. Among those released are Daniel Ceballos, the former mayor of San Cristobal, and Angel Vivas, a retired general. Both men are vocal critics of the Maduro regime. Maduro’s most prominent critic, Leopoldo Lopez, however, was not among the released. Venezuela’s Descent Oil-rich Venezuela had once been one of the most prosperous countries in South America. Up…
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