Eugene Volokh has this post at The Volokh Conspiracy, linking to the podcast.
"Katherine Mangu-Ward and I Podcasting About Crime-Facilitating Speech"
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The Automobile Exception to the 4th Amendment Does Not Permit Warrantless Entry of a Home or Curtilage to Search a Vehicle
One of the many protections afforded individuals by the United States Constitution is the Fourth Amendment protection against unreasonable search and seizure without a search warrant. There are certain exceptions to the shield provided by the Fourth Amendment, one of which is the automobile exception. Under the automobile exception, a police officer may search an automobile without a warrant as long as he or she has probable cause to believe there is evidence or contraband in the vehicle. While the automobile exception limits the protections provided by the Fourth Amendment, it is important to know the scope of authority police officers are afforded by the exception. If the automobile exception was unjustly applied to obtain evidence in your Illinois DUI case, you may be able to prevent the evidence from being used against you. Recently, in Collins v. Virginia, the United States Supreme Court held that the automobile exception to the Fourth Amendment does not permit a…
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PA Super. Ct. Finds Videotaped Forensic Child Abuse Interviews Not Necessarily Admissible as Prior Recorded Statements
Zak T. Goldstein, Esq. - Criminal Defense Lawyer The Pennsylvania Superior Court has decided the case of Commonwealth v. Bond, affirming the defendant’s conviction but limiting the circumstances under which the prosecution may use a “forensic interview” in a criminal child molestation case. Although the court affirmed Bond’s conviction on a harmless error theory due to his incriminating statements, the court also found that the trial court erred in permitting the Commonwealth to play the entire videotaped forensic interview of the minor complainant in an case involving Involuntary Deviate Sexual Intercourse (“IDSI”), unlawful contact with a minor, aggravated indecent assault, and indecent assault charges.The Facts of Commonwealth v. BondIn Bond, the defendant was charged with Involuntary Deviate Sexual Intercourse and related charges for allegedly molesting his girlfriend’s…
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DOJ Arrests 2,300 in Online Child Sex Offender Sweep
The U.S. Department of Justice announced Tuesday the arrest of more than 2,300 suspected online child sex offenders after conducting a three-month national operation. Sixty-one task forces focused on internet crimes against children in all 50 states identified and investigated the cases from March to May in an effort called “Operation Broken Heart.” They focused on people who allegedly produce, distribute and possess child pornography, people who lure children online for sexual purposes, those who engage in child sex trafficking and people who cross state or national boundaries to sexually abuse children. Among the 2,300-plus suspects were 195 people who either produced child pornography or committed sexual abuse against a child, according to DOJ reports. Investigators also claim they identified 383 child victims of sexual abuse. Florida is ranked in the top 5 states for peer-to-peer sharing of child pornography along with Washington, Texas, California and New…
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What Do I Do if My Conditional Residency is About to Expire?
If you are an immigrant who has married a U.S. citizen, you are likely to have received permanent residency on a conditional basis, which means that it has been less than two years since your marriage occurred. As a result, your residency will expire two years from the date that you received it, unless you take action to remove the conditions from your residency. To remove the conditions from your residency, you must file the proper application with U.S. Citizenship and Immigration Services (USCIS) 90 days prior to the expiration of your residency. This application form that you must file is Form I-751, Petition to Remove Conditions of Residence; you and your U.S. citizen spouse must sign and jointly submit this form. In order to do so, you must provide evidence that you are still married and that you are in a bona fide marriage. What Do I Do if My Conditional Residency is About to Expire? If you have divorced or your marriage has been annulled within two years of receiving…
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"The 96-Year-Old Brooklyn Judge Standing Up to the Supreme Court"
The story is in The New York Times. In part: In a spirited decision issued Monday, the judge, Jack B. Weinstein, argued that the justices had gone too far in a pair of recent rulings expanding qualified immunity, a legal...
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What to Do If You Think Your Doctor Has Made a Medical Error
Your doctor or surgeon has received extensive education, gone through rigorous training, and obtained years of experience to gain the specialized knowledge required to identify and treat the multitude of conditions which can affect the […] The post What to Do If You Think Your Doctor Has Made a Medical Error appeared first on Bloom Legal.
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Two vehicle crash near Shelley
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: 6/14/18 7:57 p.m. Please direct questions to the District Office On Thursday, June 14, 2018 at approximately 3:35 p.m., Idaho State Police investigated a two-vehicle, injury crash at the intersection of 1100 E and 1400 N, east of Shelley in Bingham County. Royce Samargis, 39, of Shelley was northbound on 1100 E in a Caterpillar Road Grader. A juvenile was behind the Caterpillar in a 2000 Ford Focus. The Ford attempted to pass the Caterpillar as it was turning left onto 1400 N. The Ford struck the side of the Caterpillar and then struck an electrical pole. The juvenile was wearing a seatbelt and was transported to Eastern Idaho Regional Medical Center in Idaho Falls by ground…
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NYTimes: Apple to Close iPhone Security Hole That Law Enforcement Uses to Crack Devices
NYTimes: Apple to Close iPhone Security Hole That Law Enforcement Uses to Crack Devices by Jack Nicas: Apple has long positioned the iPhone as a secure device that only its owner can open. That has led to battles with law … Continue reading →
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The Economist: How data-driven policing threatens human freedom
The Economist: How data-driven policing threatens human freedom An excerpt and interview with Andrew Ferguson, author of “The Rise of Big Data Policing”
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Sixth Circuit panel struggles to figure out Tennessee law to assess Miller challenge in high-profile case
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Man Asks Police to Confirm Authenticity of Meth Purchase
A Florida man contacted the local Sheriff’s Department on Tuesday to request their assistance when he became concerned that he had allegedly attempted to purchase methamphetamine but suspected that he may have received the wrong substance. Northern Florida resident 49-year-old Douglas Peter Kelly reportedly bought what he believed was methamphetamine from a drug dealer. After allegedly using the substance Kelly suffered from a bad reaction which caused him to wonder if the drug he purchased really was methamphetamine, or possibly had been cut with another substance. Continue reading →
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Semi-Truck Merging Accidents
While driving from Conroe to Huntsville this morning I passed through the heavy construction that begins on the northern border of Montgomery County on Interstate Highway 45 and continues into Walker County on into the Huntsville city limits. In some areas along IH-45 both sides of the highway are bordered by the dreaded concrete barriers that box you in and afford little margin for error. Matters become much worse due to the uneven pavement and in wet conditions can become downright scary. Here in Southeast Texas we are heading into hurricane season. According to the weather forecasters we may have the remains of a hurricane as early as this weekend. Car accidents in these areas of highway construction can be bad. Semi-truck collisions are worse and can be devastating. I always wonder whether the 18-wheeler next to me will actually see me in his mirror when he decides to change lanes. There isn’t much you can do when you…
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Nursing Home Bedsores: More Dangerous Than You’d Think
Nursing home neglect leading to bed sores is a common and dangerous issue. Nursing home residents, especially if they are bed-bound or use a wheelchair, unfortunately can develop bedsores. But did you know that bedsores can be fatal? With bedsores, if the sore causes a break in the skin the person becomes much more vulnerable to deadly infections such as staph and MRSA. You should also know that these painful wounds are often preventable. Caregivers can provide at-risk patients with frequent re-positioning, special mattresses and cushions, skin care routines, and a proper diet. Federal law mandates that nursing home workers try to prevent bedsores, but alarmingly, many caregivers fail to check patients regularly. If you think your loved one is developing bedsores, talk to his or her doctor and also ask the facility’s manager about its bedsore prevention policy. A nursing home that doesn’t provide adequate care may be liable for neglect and the resulting damages.…
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The Process of Stepparent Adoption in Georgia
A stepparent can play an important role in the development of a child, particularly if the child is young. In some cases, stepparent adoption may be an avenue worth pursuing. However, the success of this process will often depend on the wishes and the circumstances of the biological parents. A stepparent can provide more emotional and better financial support than a biological parent and adoption may be in the best interests of the child. The State of Georgia allows for stepparent adoption which is one of the more common processes in family law. Stepparent adoption in Georgia Embarking on adoption as a stepparent can be life-changing and should not be undertaken lightly. There are certain steps you should take. Since you are not the legal custodian of the child you will have to either obtain his or her permission or terminate the rights of the birth parent via a court order. Two Scenarios of Stepparent Adoption in Georgia There are two main sets of circumstances under which a…
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Grucza et al. on Cannabis Decriminalization
Rick Grucza, Melissa Krauss, Andrew Plunk, Arpana Agrawal, Frank J. Chaloupka and Laura Bierut (Washington University in St. Louis - Department of Psychiatry, Washington University in St. Louis - Department of Psychiatry, Eastern Virginia Medical School - Department of Pediatrics,...
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The Case Against Marijuana Legalization
Patrick Kennedy and Kevin Sabet have this article in the WSJ, titled This Is No Time to Go to Pot: Legalizing marijuana encourages use of harder drugs and sets back the cause of social justice.Sens. Cory Gardner and Elizabeth Warren have introduced a bill to legalize marijuana at the federal level in the name of "states' rights." In reality, it would give birth to Big Tobacco's successor.This dangerous proposal would allow the marijuana industry to market high-potency pot candies, gummies and 99% pure extracts (compare that with 5% potent Woodstock weed). With 70% of today's illicit drug users having started with marijuana, not prescription drugs, according to the National Institute on Drug Abuse, this is exactly the wrong time to legalize pot.Public-health data from states that have legalized strongly indicate that it is a failed experiment, resulting in more fatalities from driving while stoned, more emergency-room visits and poison-control calls, and…
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Defining "Violent"
Syndicated columnist Thomas Elias has this column on California's grievously wrong definition of "violent."There isn't a woman alive who was ever raped while either intoxicated or unconscious who doesn't consider the entire experience violent.But that's not how these crimes are defined legally in California. The same for human trafficking of a child, abducting a minor for prostitution, drive-by shootings at inhabited homes or cars, felony domestic violence, solicitation to commit murder, among others.* * *But a series of bills aiming to expand the list of crimes defined as violent died in legislative financial committees. Too expensive, was the verdict. That was the reason given when the Assembly Appropriations Committee just about one year ago killed a bipartisan measure aiming to classify all rapes and all human trafficking as violent.An initiative to address the problem is presently…
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New York Appellate Court Reverses Defendant’s Conviction Based on Improper Questioning Regarding Prior Robbery
One of the hallmarks of our criminal justice system that evidence of prior criminal conduct is not permitted to show a persons propensity or tendency to commit crimes. Except in very limited circumstances evidence of prior criminal conduct is not permitted on the prosecutions direct case. However, if a defendant chooses to testify the Court is required to hold a pre-trial hearing called a Sandoval hearing to determine in advance what if anything the prosecution can use to cross-examine the defendant about his criminal past. The purpose of the hearing is to weigh and balance the People’s interest in testing the defendant’s credibility and the defendant’s interest in ensuring that he is not convicted because a jury heard about prejudicial prior criminal conduct. Earlier this month, a state appellate court issued a written opinion in a New York burglary case in which the court was tasked with determining if the defendant was entitled to a…
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John Kunco Reflects on Fatherhood and Father’s Day After Spending 28 Years in Prison for a Crime He Didn’t Commit
In 1991, John Kunco was wrongfully convicted of rape. At the time, Kunco had a six-month-old daughter, Lauren Kunco. On May 23, 2018, his conviction was vacated based on new DNA evidence proving his innocence. At his release, Kunco reunited with Lauren, who’s now 28. For Father’s Day, the Innocence Blog interviewed Kunco about what fatherhood was like before, during and after he was wrongly convicted, and how his relationship with Lauren was affected. What was life like before you were wrongfully convicted? I had my own business as a metal refinisher. I also did plastering and painting on the side. I loved coming home from work every day to see my family. It felt good. Then it just disappeared. My daughter, Lauren, was born on July 3, 1990. If she had been born two minutes earlier, she would’ve been born on my birthday! What did being a father mean to you? I loved it. I even took care of Robin’s [Kunco’s ex-girlfriend and Lauren’s…
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