Did you know there is a law in Florida that requires your drug possession / possession of controlled substances case be dropped under certain circumstances, even if it is undisputed you possessed the drugs? Well, there is. In 2012, the Florida Legislature determined it was in the interest of public safety and welfare to provide an incentive to persons aware of another’s drug overdose to seek medical attention for that individual. As a result, the Legislature enacted the “911 Good Samaritan Act.” The Act, codified as Florida Statute section 893.21, provides anyone “acting in good faith who seeks medical assistance for an individual experiencing a drug-related overdose” is immune from prosecution for drug possession if the evidence “was obtained as a result of the person’s seeking medical assistance.” In plain language, this means is if you’re present during, or aware of, another individual’s drug…
Criminal Immunity from Drug Possession
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Potential Juror Caught with Drugs When Entering Courthouse
A Florida woman arrived at the local courthouse to fulfill her jury duty obligations when she was allegedly found carrying drugs and paraphernalia in her pocket leading to her arrest. 39-year-old Kristine Victoria Mittler was summoned to the West Pasco Judicial Center early in the afternoon on Monday to find out if she would be selected as a juror for an upcoming trial. An x-ray machine that is viewed by security guards stands at the entrances of the courthouse building requiring that people going inside pass through the device for a safety screening. As Mittler walked through the archway of the metal detector the alarm activated due to two foil packets that were inside of her pocket. Continue reading →
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N.D.Fla.: Email SW didn’t required search protocol be stated in SW
“The officers followed a reasonable protocol in conducting the search. The protocol was not in the warrant, but this did not render the warrant defective. See United States v. Khanani, 502 F.3d 1281, 1290 (11th Cir. 2007). And in any … Continue reading →
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N.D.W.Va.: No standing in car where permission to borrow had been revoked
Defendant had permission to possess and drive a car for a while, but it had been rescinded by the time of the search. Therefore, he lacked standing in the car. United States v. Leclear, 2018 U.S. Dist. LEXIS 106550 (N.D. … Continue reading →
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W.D.La.: Short delay of a package in the mail for a dog sniff that fit a drug courier profile was not unreasonable
There is no Fourth Amendment interest that a package in the mail is not slightly detained for a dog sniff on reasonable suspicion. [One never knows exactly when a package is going to arrive, except when promised by Amazon, and … Continue reading →
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The Democratic Socialist’s Day
Last Thanksgiving was spent at a friend’s house in the Hamptons, where he threw a huge dinner for his many friends and relatives. Afterward, we went out back to smoke cigars, drink scotch and talk about cabbages and kings, which naturally meant Trump. Some of us had personal knowledge of the guy. None of us were more than one degree of separation from him. Like most New Yorkers who were familiar with Donald Trump, we couldn’t understand how he could have been elected dog catcher, no less president. It wasn’t that he ran as a Republican, though we knew that was a lie he used to scam the unwary. The only party he belonged to was the Trump party, which stood for nothing but what was good for Trump. Every person there was a Democrat, and had never voted for a presidential candidate from any other party. No one voted for Trump. Had Trump run against a dead, rotting corpse, no one would have voted for Trump. Some of us agreed that politics was a paralyzed, divisive…
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N.D.Ill.: Collins v. Virginia doesn’t apply to a shared parking area which is not curtilage
Collins v. Virginia does not apply to shared parking areas which are not curtilage. “United States v. Jones, 2018 U.S. App. LEXIS 16409 (2d Cir. June 19, 2018), Jones’s vehicle was parked in a parking lot behind the multi-family building … Continue reading →
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MD: Odor of MJ from the person is PC to search the person
The odor of marijuana provides probable cause to believe that marijuana is present, and therefore, the smell of marijuana emanating from a vehicle provides probable cause to believe that contraband or evidence of a crime will be in the vehicle … Continue reading →
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NYC Stalking Arrest Ends in Acquittal After Trial: Client Exonerated and Cleared of New York Penal Law 120.45
In the age of #Metoo, an important movement long time coming, there can be unforeseen consequences when vigorously supporting gender-based misconduct without stepping back to thoroughly examine an accusation. Simply, allegations that lack sufficient corroboration or answers to reasoned questions should hold no more water than those in other contexts. As much as we want to believe any assertion of wrongdoing is legitimate, sometimes such claims are subjectively “right” because a complainant perceives it as such or they are completely fictitious. Regardless, whatever the case may be, a critical analysis of the evidence and facts tells quite a different story. For a recent client of the New York criminal lawyers and former Manhattan prosecutors at Crotty Saland PC, such a scenario played out in a New York City Criminal Courts. After being contacted by the NYPD, our client self-surrendered for his arrest and prosecution by the District Attorney where the latter charged…
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Minnesota’s New Drug Laws: An Overview
Following intense debate, back in 2016, the Minnesota legislature unanimously approved a bill that overhauled state drug laws in order to help addicts seek treatment and target “kingpin” dealers. At the heart of the discussion was the fact that lawmakers believed that the Minnesota Sentencing Guidelines Commission’s recommendations went too far. When all was said […] The post Minnesota’s New Drug Laws: An Overview appeared first on Minneapolis DWI Lawyer Douglas T. Kans.
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The DDS2 Mobile Test System for Drugged Drivers
Back in 2015, California lawmakers introduced Assembly Bill 1356 to enable law enforcement officers to use new technology to identify drugged drivers. Under California’s implied consent law, anyone with a driver’s license has given their consent to chemical testing of their blood and/or oral fluids. With respect to oral fluid testing, a new device was […] The post The DDS2 Mobile Test System for Drugged Drivers appeared first on Minneapolis DWI Lawyer Douglas T. Kans.
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Liptak Down: The Last Lawman At the NY Times Falls
For all the ridiculousness of the op-eds that pass muster at the New York Times, one writer held firm from falling prey to the hysteria. While shriekers like Linda Greenhouse would attack the justices of the Supreme Court as cynical tools of their political masters, doing everything should could to undermine the integrity of the least dangerous branch of government, there was still a voice of reason* at the Times who didn’t scream the sky is falling with every decision that didn’t comport with Greenhouse’s feelz. There was still Adam Liptak. And now he’s gone. How Conservatives Weaponized the First Amendment When constitutional rights are reduced to “weapons” because they get in the way, it says nothing of the right and everything about the desired outcome. Sometimes it serves one tribe. Sometimes it serves the other. And when it serves the other, it’s “weaponized”? For fuck’s sake, Liptak. On the final day of the…
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Court Issues Injunction Against Ohio State in Student Due Process Case
A federal judge in Columbus, Ohio has issued an injunction preventing the school from disciplining students who did not have the right to cross-examine their accusers. Read the decision here. The Ohio State University tried to expel a student for engaging in an allegedly nonconsensual sexual activity with other students on two separate instances. In one of the school hearings, the accusers did not appear and the hearing panel relied on their written statements. In another hearing, the accuser appeared but claimed to have no memory of the incident, so the panel relied on written statements from witnesses. The student, represented by Engel & Martin, LLC, sued, alleging that Ohio State had acted against the right of students to cross-examine their accusers in serious discipline cases. The school argued that the investigatory process was sufficient. But the judge agreed with the student, and issued a preliminary injunction. The…
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Cal.: Carpenter‘s search warrant requirement does not apply to cell phone records merely used to show that co-conspirators communicated with each other
Carpenter’s search warrant requirement does not apply to cell phone records merely used to show that co-conspirators communicated with each other. In light of the whole trial, it wasn’t all that important. People v. Anderson, 2018 Cal. LEXIS 4698 (June … Continue reading →
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SD: Electronic signature on a SW application sent in to magistrate is valid as an oath
An electronic signature on a search warrant application is still an oath for an affidavit required under state law, and the motion to suppress was properly denied. State v. Bowers, 2018 SD 50 (June 27, 2018). Juvenile defendant was interrogated … Continue reading →
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ANDRÉS MANUEL LÓPEZ OBRADOR
https://elcomercio.pe/mundo/latinoamerica/amlo-debes-datos-claves-mexico-presidente-noticia-532202 Esta es una de sus propuestas: — Cambiar el enfoque para combatir la delincuencia: pasar de la represión a la lucha contra sus causas (pobreza, marginación, desempleo y falta de oportunidades educativas)._ No ha descubierto nada ¿No es verdad?- Un razonamiento tan sencillo ha sido olvidado por los sinvergüenzas que nos han gobernado durante casi doscientos años. Ese razonamiento aunado al control del contenido de los medios que en lugar de informar y educar, manipulan y alimentan de basura la mente de niños, jóvenes y adultos, determinarán el cambio lento pero sostenlo de nuestras sociedades. Ese mismo razonamiento justifica que el Estado no tenga que pagar por publicidad sino que use esos mismos recursos OPTIMIZANDO EL GASTO y dedicar la mayor parte para mejorar las condiciones de vida de la…
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If Facebook Says It Was Rape
In the scheme of “she said-he said” allegations of rape, there is usually other evidence. It may not conclusively resolve any question of fact, but it’s what distinguishes the utterly baseless accusation from the one that warrants more serious consideration. After all, anyone can tell a story, make an accusation, but contrary to the “believe the victim” narrative, not all stories are remotely grounded in reality. What about Catherine Reddington’s? Catherine Reddington, 22, claims on social media that Alex Goldman, also 22, raped her vaginally and anally in a bedroom of Syracuse University’s Delta Kappa Epsilon fraternity following a party in April 2017. She went to the police and the university with her accusations, and has posted her brutal tale of assault on Facebook in a campaign that Goldman says got him fired from his summer job and could get him tossed from his new college. “I woke up in Delta Kappa Epsilon…
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Questions for New Clients
What questions do you ask a new potential client? Nearly all of my work comes from attorneys, on behalf of their clients. I have two clients: the attorney and his/her client. My questions are pretty much the same no matter which of them I’m talking to on that first phone call. The most important questions I ask are things like: What kind of case is this – I am looking for some specifics of who is involved and what is going on. What do you need me to do – Are they really in need of a forensic accountant, or do they need someone else, like a private investigator? Are they looking for services that I provide? For example, I trace funds in a divorce, but I do not provide business valuation services. When does the work need to be done – I do most of my case work in 60 to 90 days. That’s great for clients, but it also means that there are cases I can’t take because I’m already at capacity. Can you pay my fees – This might sound…
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GA: Trial judge’s order of defense counsel to be drug tested violated 4A; ADA’s SW for blood test next day was valid, however
Defense counsel appeared to the trial judge to be under the influence of something, and the judge ordered a recess. Defense counsel came back to finish the trial after a few hours, and the condition still existed. The court ordered … Continue reading →
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What Are the Rules of Evidence in a Georgia Family Law Case?
The parties to a Georgia family law case must adhere to certain rules of evidence if the information they present to a hearing can be admissible. Evidence can be taken from witnesses or via documentation. Here are some of the main kinds of evidence in a Georgia divorce proceeding. Evidence from Lay Witnesses During divorce trials in Georgia, each party may offer several witnesses to back up his or her claims. There is a different rule at temporary hearings where only the parties involved in the hearing and one additional witness from each side may present oral testimony. Under Uniform Superior Court Rule 24.5(A) the evidence given by witnesses must be relevant to the case. The use of lay witnesses in divorce proceedings or other family matters is the most common form of evidence. Witness testimony may be used to provide facts the witness is aware of if they are pertinent to contested items in the case. He or she may have heard statements made by the parties and be able to back…
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