When a person has been charged with an alcohol related criminal offense, there are strategies that can help mitigate the circumstances. One of those methods is to obtain a SCRAM Continuous Alcohol Monitoring (CAM) Device. A CAM device is a piece of technology that is worn on a person’s ankle that monitors whether that person has ingested any amount of alcohol. This is done by placing a sensor in contact with a person’s skin and monitoring the amount of alcohol, if any, excreted through the skin. This device can be worn voluntarily by a person to show a period of sobriety or involuntarily by a Judge as part of a Court Order or Proceeding. How Does the Continuous Alcohol Monitoring Device Work? So how does the CAM Device work? It’s fairly simple. The device works by harnessing human physiology via transdermal contact (contact with the skin). When a…
Continuous Alcohol Monitoring | FAQ
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How Social Media Can Impact Your Divorce
Social media is great for keeping in touch with friends, but it can be hard on a marriage. One spouse may get jealous when the other “reconnects” with an ex on Facebook. It’s not uncommon for one spouse to hide social media messages from the other, or even to have a secret social media account. Unfortunately, sometimes jealously exists for a good reason. Social media can be used to start or maintain an affair. In cases like this, your Facebook account could end up playing a large role in your divorce. Social Media Can Harm a Marriage If you spend too much time on Facebook, Twitter, Instagram, or other social media websites, your spouse may understandably become frustrated. Setting guidelines for social media use and having certain times where you both unplug can go a long towards helping your marriage. Excessive social media use can also arouse suspicion. You may think there’s nothing wrong with friending your ex on Facebook, but your spouse may feel…
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Vox: The latest Supreme Court decision is being hailed as a big victory for digital privacy. It’s not.
Important article: Vox: The latest Supreme Court decision is being hailed as a big victory for digital privacy. It’s not. by Aziz Huq: Carpenter forces police to get a warrant before getting some cellphone data. But other Fourth Amendment cases … Continue reading →
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Recommending FAMM's great new report "Everywhere and Nowhere: Compassionate Release in the States"
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Minnesota Fireworks Laws
The 4th of July is almost here, and that means a lot of people will be ringing in the holiday with fireworks and sparklers. However, if you’re not careful, you can end up with burn injuries or face fines if you use fireworks illegally. Below, we take a closer look at the fireworks laws here in Minnesota. Are Fireworks Legal in Minnesota? Under Minnesota law, if the firework explodes or flies in the air, it is illegal in Minnesota. If police catch you shooting off illegal fireworks, they will confiscate the fireworks and issue you a fine. Here are some examples of legal and illegal fireworks. Illegal Fireworks Firecrackers Flying projectiles Bottle rockets Roman candles Legal Fireworks Wood or wire sparklers Snakes or worms Smoke-emitting devices Snaps and drop cans Penalties For Possession of Illegal Fireworks in Minnesota According to Minnesota law, possession of less than 35 pounds of illegal fireworks is punishable by up to 90 days in jail and fines up to $700.…
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CONSUMER GENETIC TESTING: A NEW TOOL IN LAW ENFORCEMENT IN CALIFORNIA
Have you sent your spit to one of the genetic-testing companies? It can be interesting to find out our DNA ancestry and perhaps proactive to learn if you might be genetically predisposed to certain health risks. And the police are interested in your DNA profile too. In the 1970’s and 80’s, a person dubbed the “Golden State Killer” murdered12 individuals and raped45 women throughout California, including in Orange County. Police knew it was one person who committed these crimes because they had collected the DNA of the suspect in each of these cases. But they couldn’t find a match for the DNA. While the FBI and state law enforcement agencies have routinely collected DNA from arrestees and/or individuals convicted of crimes, the Golden State Killer’s DNA was not in any DNA data bank. Earlier this year, police found their man. Now 72 years old and a former police officer (who committed some of the crimes while still working as an officer), the…
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DECREASE IN DUI ARRESTS IN URBAN AREAS ATTRIBUTED TO RIDE SHARING APPS IN CALIFORNIA
A couple of years ago I wrote a blog postciting studies that indicate ride sharing apps are responsible for a decrease in drunk driving crashes for drivers under the age of 30 and another blog postabout studies that suggested ride sharing apps have had no impact on the incidence of drunk driving fatalities. Now recent studies conducted by the University of California and a national personal injury law firm show a significant decrease in DUI arrests in major California urban centers in the years since ride sharing has become a thing. The decrease in DUI arrestsin urban areas is remarkable. San Diego has seen a 32% decrease after ride sharing, San Jose, a 28 percent decrease, Sacramento, a 26 percent decrease, and San Francisco and Los Angeles both saw a 14 percent decrease. These decreases are not confined to California. Large cities across the county report significant decreases in DUI arrests. And party-city, Las Vegas, has seen the largest decrease in DUI arrests:…
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PA Superior Court Affirms Denial of Motion to Suppress Identification
Criminal Defense Attorney Zak Goldstein The Superior Court has decided the case of Commonwealth v. Milburn, finding that the trial court properly denied the defendant’s Motion to Suppress identification. In Milburn, the court ultimately concluded that the police had reasonable suspicion to stop the defendant, thereby defeating his Fourth Amendment suppression claim. They also found that police did not conduct an improperly suggestive “show up” procedure, and so the trial court properly rejected his due process claim. The Facts of Commonwealth v. MilburnOn May 4, 2015, the complainant was robbed at gunpoint on North Broad Street in Philadelphia. The robber took the complainant’s iPhone and a backpack containing clothing and medication. This incident took place under a streetlight that was approximately five feet away from the complainant, and he alleged that he was able to see the assailant…
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Justice Kennedy Retiring
Justice Kennedy has announced his retirement from the Supreme Court. Marcia Coyle and Tony Mauro have this story at law.com, with the text of Justice Kennedy's retirement letter here.Obviously, there is going to be a battle royal over the replacement, but since the Democrats pulled the "nuclear" trigger when they had the majority, it is unlikely they will able to block the appointment.
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Justice Anthony Kennedy has announced his retirement ... which means a lot for the future of sentencing jurisprudence and so much more
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Study Finds More Fatal Crashes Linked to Drugged Driving than Drunk Driving
If you have been arrested for driving under the influence of drugs, you need the help of a skilled New Jersey drug DWI attorney who can help. A driving while intoxicated (DWI) conviction can have serious and far-reaching consequences for your life. Thus, such a charge should not be taken lightly. Our firm can assess the merits of your case and evaluate any and all potential defenses that may be applicable. In New Jersey, the basic offense of a DWI takes place when a person operates a motor vehicle with a blood alcohol content (BAC) of 0.08 or above. Under state law, it is illegal to operate a vehicle if your ability is impaired, even if you took prescription or over-the-counter drugs. In other words, the drugs do not have to be illegal to form the basis of a DWI. A recent report released by the Governors Highway Safety Association found that drugged driving is becoming more of an issue on the roads, and more and more drivers in deadly crashes are found with drugs in their…
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The Crime Report: Has High Court Privacy Ruling ‘Future-Proofed’ the Fourth Amendment?
The Crime Report: Has High Court Privacy Ruling ‘Future-Proofed’ the Fourth Amendment? by TCR Staff: The Supreme Court has effectively “future-proofed” the Fourth Amendment against threats to privacy posed by the expansion of data surveillance technology, according to a leading … Continue reading →
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With Carpenter v. United States, Supreme Court Edges Fourth Amendment Doctrine into the 21st Century
Late last week, the Supreme Court ruled that the government obtaining cell site location information (CSLI) from a telephone company constitutes a Fourth Amendment “search,” and requires a warrant. The 5-4 ruling in favor of petitioner Timothy Carpenter is the latest in a string of seminal data privacy cases working their way through the U.S. court system. Factual and Procedural Background In 2011, law enforcement officials arrested four men accused of robbing a series of Radio Shack and T-Mobile stores in Detroit. Based on information and call records provided by a cooperating suspect, prosecutors applied for warrants to obtain the cell phone records of Timothy Carpenter and several other suspects under the Stored Communications Act (SCA). The court subsequently issued two orders compelling MetroPCS and Sprint, Carpenter’s cell phone providers, to disclose cell site location information for Carpenter’s cell phone. By triangulating thousands of disclosed…
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Former NBA player charged with Georgia robbery
When a crime occurs, especially one that garners media attention, there is often a rush to assign blame and file criminal charges. Unfortunately, this haste can often lead to arrests that are made even if there is not sufficient evidence to support them. In fact, it is unclear what evidence led police to former NBA player James "J.J." Hickson, Jr., prior to his arrest for his alleged involvement in a Georgia robbery. The incident that led to Hickson's arrest reportedly happened one morning on a day in mid-June. Police say that the former basketball player entered into a Georgia home through a side door. He then, allegedly, attacked a 17-year-old in the home before stealing $100,000. Police claim that two other people were involved in the incident; however, Hickson was the only one charged in the weeks after the incident. It is unclear how Hickson may have been connected to the alleged victim, but he reportedly lives 60 miles away. The teenager is said to have…
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Expert Witnesses Admit Error in Case of Rodney Reed who has Served 22 Years on Texas Death Row, Prompting New Appeal
Texas Department of Public Safety Crime Lab Director And Other Experts Acknowledge Error in Testimony at Rodney Reed’s Capital Murder Trial (June 27, 2018 – Bastrop, TX) Lawyers for Rodney Reed, who remains on Texas’ death row, late yesterday filed an Application for Writ of Habeas Corpus before a Texas court today containing candid admissions of error from the expert witnesses who were called by the state at Reed’s 1998 Bastrop County trial for the murder of Stacey Stites. Attached to the Application (exhibits here) are letters and affidavits from the state’s three key expert witnesses admitting errors in the testimony which led to Reed’s conviction and sentence of death. This now-recanted expert testimony provided a crucial link between Reed’s DNA and the murder and was used to refute Reed’s long-maintained insistence that he is innocent of the crime but was involved in a consensual sexual relationship with…
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Photos from Law Office of David P. Shapiro’s post
Thank you to the Tewodros soccer team for inviting David P. Shapiro to present lessons from his most recent book. Take a look at the photos to see the team’s warm welcome. The post Photos from Law Office of David P. Shapiro’s post appeared first on Law Office of David P. Shapiro.
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Just a few Justice Kennedy sentencing jurisprudence highlights
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Young on Parole Hearings and Victims' Rights
Kathryne M. Young (University of Massachusetts Amherst - Department of Sociology) has posted Parole Hearings and Victims' Rights: Implementation, Ambiguity, and Reform (Connecticut Law Review 49: 431–498) on SSRN. Here is the abstract: Despite the increasing recognition of victims' rights,...
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Slate: What’s Next for the Reasonable Expectation of Privacy?
Slate: What’s Next for the Reasonable Expectation of Privacy? by Mike Godwin: The Supreme Court’s ruling in Carpenter raises new questions.
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Senate minority leader Charles Schumer introduces "Marijuana Freedom and Opportunity Act"
As reported in this press release, "Senate Democratic Leader Chuck Schumer (D-NY) today formally introduced new legislation to decriminalize marijuana at the federal level." Here is more from the press release, with its links to the proposed legislation: Specifically, the Marijuana Freedom and Opportunity Act removes marijuana from the list...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/p086Qvza7zk" height="1" width="1" alt=""/>
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