DUI checkpoints are becoming more popular across the nation, but they also beg the question as to whether or not they infringe on a driver’s fourth amendment rights against unreasonable searches and seizures. Does Minnesota have DUI checkpoints? We answer that question and delve into our state’s beliefs on the matter in this blog. DUI Checkpoints in Minnesota As you might have guessed since you’ve never run into a DUI checkpoint in Minnesota or heard of someone running into a DUI checkpoint, our state considers these stops illegal. This may be surprising to hear, as 37 states and the District of Columbia have ruled that they are legal. However, in Minnesota, we ruled that they are unconstitutional back in 1994, citing fourth amendment protections. DUI checkpoints were ruled unconstitutional in the case of Ascher v. Commissioner of Public Safety. In that case, Ascher had been stopped and placed under arrest for DUI at a checkpoint in Burnsville. The checkpoint…
Does Minnesota Have DUI Checkpoints?
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Denial not just a river in Egypt, but also the go-to move for TDCJ flaks
The habit of the Texas Department of Criminal Justice (TDCJ) issuing full-throated denials whenever reporters raise serious problems is beginning to annoy your correspondent (again), and I wonder if others have noticed?For example, when an inmate at TDCJ's Youthful Offender Program (YOP) was molested by an adult prisoner earlier this year, TDCJ spokesman Jeremy Desel told Lauren McGaughy at the Dallas Morning News, “'Any characterization of the [YOP] program being systemically flawed is false.' ... 'This is an isolated incident in which TDCJ took swift administrative actions against all employees involved.'”In reality, under the federal Prison Rape Elimination Act (PREA) - which Governor Abbott agreed Texas would follow, reversing Governor Perry's stance - 17-year old inmates were supposed to be kept completely separate from adult inmates, enforcing "sight and sound" restrictions so older inmates could never see or speak…
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Eyeconic Records Must Stock
Any record store in Cruces better carry the record of a band named after the greatest small town in southern New Mexico.Right?When showing the new arrivals on his latest video, Justin skipped over the Michael Franks albums.What?As punk as FEAR, as smooth as Joni Mitchell, as jazzy as Steely Dan, as lyrical as Leonard Cohen, and as iconic in his time as Cat Stevens.But, here's La Luz.
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Two Supreme Court Cases Protect the Right to Privacy During an Arrest
Fourth Amendment protections against unlawful search and seizure have been upheld in two recent landmark Supreme Court rulings related to the searches of vehicles. In both rulings handed down last month, the U.S. Supreme Court defended the right to privacy even when the parties in question broke the law. The cases were reported in USA Today. They concerned Terrence Byrd who was arrested four years ago in Pennsylvania with body armor and almost 50 bricks of heroin in the trunk of a rental car he was not allowed to drive. A year earlier, Ryan Collins was arrested in Virginia on a stolen motorcycle after he sped away from police. Both men appealed their arrests all the way to the highest court in the nation. The justices overwhelmingly ruled their privacy was breached. The decisions stated police generally cannot enter private property to search a motor vehicle without first obtaining a search warrant. In the case of Byrd, the U.S. Supreme Court ruled 9-0 that the…
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Security Clearance and Criminal/DUI Charges FAQ
Getting arrested for a DUI or another criminal offense can have a serious impact on an individual’s security clearance. In addition, someone who has past criminal charges applying for a security clearance may have issues obtaining the clearance depending on several factors. The purpose of this post is to answer some frequently asked questions about the impact of DUI or criminal charges on an individual’s security clearance. What is a security clearance? Military personnel, government employees, and government contractors may need access to certain classified information as part of their jobs. Accordingly, the federal government has devised a regulatory scheme to issue licenses for individuals to access this information. There are typically three types of security clearances: confidential, secret, and top secret. Public Trust and Controlled Unclassified are lower designations that do not constitute security clearances but typically involve a background check. The…
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News release - Idaho State Police investigate stabbing incident in Weiser, June 6, 2018
News release - Idaho State Police investigate stabbing incident in Weiser, June 6, 2018 For Immediate Release, June 7, 2018 Contact: Tim Marsano, ISP PIO, 208.884.7122 Yesterday, June 6, 2018, two Idaho State Police detectives were driving through Weiser at around 4 p.m. when they observed a man assaulting a woman with a knife on the southbound sidewalk near 229 E. 7th St. The ISP detectives, who were in Weiser working on another investigation, stopped their unmarked police vehicle and came to the aid of the woman by drawing their service weapons and holding him, thereby preventing the assailant from inflicting further harm. The suspect is identified as Joshua W. Lincoln, 27, of Weiser, Idaho. He was taken into custody with the assistance of Weiser Police Department officers and Washington County Sheriff's deputies. Police observed the suspect's erratic and combative behavior and took him to a medical facility for further evaluation. At this time, he remains…
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Charged with a Crime? Does Your Immigration Status Matter?
It’s more than a bit of a conundrum. You’ve been charged with a crime you didn’t commit. Of course, you’re concerned that you could be wrongfully convicted. However, your immigration status presents an even bigger problem as far as you’re concerned. You’re worried that you’ll either wind up in jail for a very long time – or back to a country where things are pretty scary. This could be the story of a number of undocumented immigrants in the United States. In your case, your parents first brought you into the country with promises of a trip to Disneyland. Of course, you were excited with the prospect of seeing Mickey Mouse and Donald Duck. Meanwhile, it turns out that the Disney trip was just a cover story. Your parents were just concerned you might inadvertently tell strangers the real truth. Despite what some think, many people who come into the United States are not necessarily hiding in trucks to come over the border. In fact,…
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Miller on State Limits on Post-Conviction Investigation
Kathryn Miller has posted The Attorneys are Bound and the Witnesses are Gagged: State Limits on Post-Conviction Investigation in Criminal Cases (California Law Review, Vol. 106, No. 135, 2018) on SSRN. Here is the abstract: This Article is the first...
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Members of Congress introduce STATES Act described as "Bicameral, Bipartisan Legislation to Protect State Marijuana Policies"
As reported in this press release, titled "Gardner, Warren, Joyce and Blumenauer Unveil Bicameral, Bipartisan Legislation to Protect State Marijuana Policies," today has brought a big interesting new federal marijuana reform proposal. Here are the details via the press release (with links from the original): U.S. Senators Cory Gardner (R-Colo.)...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/cpj9YGpN_10" height="1" width="1" alt=""/>
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'Justice Needs A Platform'
Part One of Just Liberty's campaign to install #cjreform planks into the platforms of both Texas political parties begins next week, with the state GOP convention in San Antonio. Today I'm putting together a special, hour-plus podcast for the event, highlighting interviews with Republican leaders in support of the various platform measures, and every time I use our little jingle (sprinkled throughout, in whole or in part, to brand the campaign), it makes me smile. If you haven't heard it yet (which means you're not a podcast listener or following Just Liberty's Facebook page), give it a listen:We've got another version that goes, "Justice Needs A Champion," which we'll use this coming session in support of items that make it into the platform(s).Lyrics are mine. Gabe Rhodes, a veteran Austin producer and virtuoso guitarist, composed and produced the music, which was performed by an all-star cast of Texas musicians: Floyd Domino on…
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Texas Father and Son Both Charged with Child Pornography
A Texas father and son were charged with felony child pornography crimes. They now face a total of 70 years in prison. Earlier this month, police found child pornography on several laptops in the home of the two men, who lived 60 miles northwest of San Antonio. The duo confessed to downloading the child pornography leading to their arrest and indictments. The father has been charged with possession of child pornography. He faces up to 10 years in prison. He was released from Kerr County Jail after posting bail worth $35,000. The son faces more severe penalties, partially due to his criminal history. A registered as a sex offender, he has prior convictions for two counts of indecency with a child. These convictions stem from an incident in 2013 involving a 7-year old girl. He was placed on probation until 2024. His current charges include three counts of possession of child pornography with the intent to distribute. He faces up to 60 years in prison.…
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Thursday Open Thread
I'm off to the jail in the mountains and won't be back until after dinner. It's a beautiful day for the drive though. In the news, Argentina has charged Pablo Escobar's widow and son with money laundering. I tried to read the 57... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Gruber on Equal Protection Under the Carceral State
Aya Gruber (University of Colorado Law School) has posted Equal Protection Under the Carceral State (Northwestern University Law Review, Vol. 112, No. 6, 2018) on SSRN. Here is the abstract: McCleskey v. Kemp, the case that upheld the death penalty...
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Eldred case before the Massachusetts SJC raises the issue of whether addiction is a medical condition that precludes a court from ordering drug free to an addicted person as a probationary condition
The Massachusetts SJC will soon release a decision that could have a major impact on how addiction and drug offenses are treated in Court. The case of Commonwealth v. Julie Eldred involves a very common situation that occurs in the district courts. The defendant agreed to a plea on the charge of Larceny over $ 250.00; as part of that plea, the defendant was to remain drug free with random screens. The defendant received a CWOF or continuance without a finding which is technically not a criminal conviction in Massachusetts. The defendant tested positive for fentanyl; the judge in the Concord District Court detained the defendant until she could find a bed in an in-patient treatment, pending a final violation hearing. At the final violation hearing, the defense filed a motion to change the condition of probation to remove drug free, arguing the the defendant because of her addiction could not comply with that condition. The district court judge…
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New York Appellate Court Finds Trial Judge Should Have Had Hearing on Defendant’s Motion to Vacate Judgment Based on Uncontested Witness Affidavit
Post-Judgment motions such as CPL 440.10 motions can be very important to a person already convicted in criminal cases. Very often an appeal cannot address a problem that occurred at the trial such as a lying witness or ineffective assistance of counsel. In such cases, a post-judgment motion may be the only solution. Earlier this month, a state appellate court issued a written opinion in a New York arson case discussing the defendant’s motion to vacate the judgment, which was denied by the trial court. The appellate court ultimately held that, given the uncontested evidence presented by the defendant in the motion, the lower court should have granted a hearing to determine if the defendant’s motion should have been granted. The Facts of the Case The defendant was charged with first- and second-degree arson. Part of the state’s evidence against the defendant was the testimony of a witness who claimed that the defendant confessed to starting a house…
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Recognizing Four Emotional Mistakes During Divorce
Making a mistake during your divorce can put you at a disadvantage and possibly result in a negative outcome in your agreement. An experienced divorce attorney is with you to prevent technical errors in the legal process. However, you are equally responsible for avoiding mistakes in your attitude and thought process. Here are four common emotional mistakes that divorcees commit and ways to correct them: Going It Alone: Hiring a divorce attorney is always the first step when starting a divorce, but you will need other people to help you throughout the process. Close friends and family provide emotional support and relieve some of the pressure of your daily responsibilities, such as childcare and household tasks. There are also financial advisers and mental health counselors who are trained to help people going through a divorce. Focusing on Cause of Divorce: It is natural to continue questioning why your marriage is ending during the divorce process. However, this discussion…
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Koehler on FCPA Enforcement
Mike Koehler (Southern Illinois University School of Law) has posed The Dun & Bradstreet Enforcement Action — A Microcosm of the Many Problems with FCPA Enforcement (13 Bloomberg Law White Collar Crime Report 470 (2018)) on SSRN. Here is the...
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Connecticut Governor Signs Law for Innocent To Overturn Wrongful Convictions
Yesterday, Connecticut Governor Dannel P. Malloy signed a law that removes an arbitrary three-year deadline after a person’s conviction in which they are able to present newly discovered non-DNA evidence of their innocence (SB 509). The law also clarifies that newly discovered non-DNA evidence includes scientific advancements or expert recantations that undermine forensic evidence used to convict someone. Given that 80 percent of those exonerated have proved their innocence through non-DNA evidence, the action taken by Gov. Malloy and the state legislature marks an important step in ensuring that wrongfully convicted Connecticans are able to prove their innocence. Exonerees James Tillman and Alfred Swinton and their families advocated for the bill, along with the Innocence Project. Alfred Swinton was exonerated this past March after spending 16 years in prison for a crime he did not commit. Swinton was convicted of murder based on a bite mark expert’s testimony that…
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Louisiana hospital company pays $1.7 million to settle whistleblower’s False Claims Act allegations
On June 5, the Department of Justice announced that Shreveport, Louisiana-based Allegiance Health Management, Inc., and its affiliated hospitals have agreed to pay $1.7 million to settle allegations, originally brought by a whistleblower, that the company submitted false claims to Medicare. According to DOJ’s press release: WASHINGTON – The Justice Department announced today that Allegiance Health Management, Inc., (Allegiance), a post-acute healthcare management company based in Shreveport, Louisiana, and four hospitals owned and operated by Allegiance (collectively, the Allegiance Defendants), have agreed to pay more than $1.7 million to resolve False Claims Act allegations that the Allegiance Defendants submitted, and caused other hospitals to submit, claims for reimbursement from Medicare for services that were not medically reasonable or necessary. Beginning in 2005, Allegiance entered into arrangements with numerous hospitals located throughout the…
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Injury Crash WB SH8 @ 6.5, east of Moscow
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 2 Patrol 2700 North and South Highway Lewiston, ID 83501-1732 (208) 799-5151 Fax (208) 799-5146 For Immediate Release: 06/07/18 01:45 p.m. Please direct questions to the District Office On June 7th, 2018 at approximately 09:02 a.m. an injury crash occurred on state highway 8 at milepost 6.5, two miles east of Moscow, Idaho. A red 1998 Ford Ranger driven by Bryce O. Jensen, 20, of Moscow, Idaho was traveling eastbound when Jensen crossed over the center line into the westbound lane of travel hitting a silver 2015 Toyota Sienna driven by Linda D. Gilkey, 71, of Moscow, Idaho head on. The westbound lane was blocked for approximately two hours. Jensen and Gilkey were both transported to Gritman Medical Center in Moscow, Idaho. Both drivers were wearing their seatbelts. ARA…
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