Somewhere between where I parked my car at the courthouse and the courtroom today, I dropped my wallet with all my credit cards. Since I keep my ID in a separate card folder, I had no idea it was missing. When I got to my office after court to get...
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Thanks to a Sport-Coated Stranger
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"Fourth Amendment Civil Suit for Deleting a Picture from the Plaintiff’s Camera"
Orin Kerr has this post at The Volokh Conspiracy, excerpting a recent case in part as follows: Deleting the photograph from plaintiff’s camera amounted to no more than a de minimis violation. The photograph had little to no monetary value,...
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Doron & Love on Aging Prisoners
Israel Issi Doron and Helene Love (University of Haifa - Department of Gerontology and University of BC) have posted Aging Prisoners: A Brief Report of Key Legal and Policy Dilemmas (International Journal of Criminology and Sociology, 2, 322-327 (2013)) on...
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Mason & Berch on the "Primary Purpose" Test and Multifunction Agencies
Caleb E. Mason and Jessica J. Berch (Miller Barondess, LLP and Southwestern Law School) have posted The Confrontation Clause and the Border Patrol: Applying the 'Primary Purpose' Test to Multifunction Agencies (Marquette Law Review, Vol. 96, No. 3, 2013) on...
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Penney on Irresistible Impulse
Steven Penney (University of Alberta - Faculty of Law) has posted Irresistible Impulse and the Mental Disorder Defence: The Criminal Code, the Charter, and the Neuroscience of Control (Criminal Law Quarterly, vol. 30(2), 2013, Forthcoming) on SSRN. Here is the...
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2 Vehicle crash on US93
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer
DO NOT REPLY
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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: September 14,2013 11:15 pm
Please direct questions to the District Office
On September 14, 2013, at approximately 7:00 pm, Idaho State Police investigated a two vehicle crash on US93 near milepost 38.
Measho Tesfe, 31, of Twin Falls, in a 2001 Mazda Protege, and Alexander Lehman, 17, of Filer, in a 1986 Ford F-150 pickup, were both driving north on US 93. A large amount of dust in the road was causing poor visibility for vehicles driving through it. Tesfe slowed due to the visibility. Lehman's pickup hit the back of the Mazda.
Tesfe was transported to St. Lukes Magic Valley Regional Medical Center via ground ambulance. Both drivers were wearing their seatbelts.
The crash is under investigation by The Idaho State Police.
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Selbstleseverfahren, Band 21
Auch heute erscheint wieder unser Selbstleseverfahren mit einigen lesenswerten Nachrichten der letzten Woche. Richtungsweisend war in dieser Woche das Urteil gegen Heidi K. wegen der Freiheitsberaubung des Horst Arnold. Erstmals wurde eine Frau wegen einer solchen falschen Beschuldigung verurteilt. Hier gibt es alle bisher erschienenen Bände des Selbstleseverfahrens noch einmal zu lesen.Original: Selbstleseverfahren, Band 21
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Deutlich mehr Gewalttaten an Hamburger Schulen
Die statistische Erhebung der Hamburger Schulbehörde ist sehr erschreckend: Im vergangenen Schuljahr wurden insgesamt 1.103 Schüler und Lehrer in der Hansestadt verprügelt, bedroht, beleidigt, bestohlen oder Opfer eines sexuellen Missbrauchs. „Gewalt kennt offenbar kein Alter“, konstatierte das Hamburger Abendblatt, denn allein an den Grundschulen verzeichnete die Behörde 485 Gewalttaten, darunter 76 schwerwiegende Delikte. Nicht nur […]Original: Deutlich mehr Gewalttaten an Hamburger Schulen
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PA: Search of unconscious accident victim's purse for ID was valid
Defendant was found unconscious after an accident, and first responders searched her purse for identification and any medical alert information. Drugs were found. That search was valid, as was an inventory of her vehicle three days later. Case law from other states support the first search, even though the trial court didn't rely on that. Commonwealth v. Gatlos, 2013 PA Super 252, 2013 Pa. Super. LEXIS 2659 (September 10, 2013):
[...] Read more!
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Fatal Crash NB US95 MP411
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer
DO NOT REPLY
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Idaho State Police
Regional Communication Center - North
615 W Wilbur Ave
Suite A
Coeur d'Alene, Idaho 83815
Please direct questions to the appropriate District Offices
District 1 (208) 209-8620 Fax (208) 209- 8618
District 2 (208) 799-5150
CASE # C13001959
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DATE: September 14, 2013 TIME: 8:42pm LOCATION: NB US95 MP411
VEHICLE #1
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OCCUPANT: Dustin J. Mundell AGE 28
ADDRESS Newman Lake, WA
INJURIES - Fatal
HOSPITAL- Kootenai Medical Center
SEATBELT - No
OCCUPANT: Lora K. Morgan AGE 32
ADDRESS Spokane, WA
INJURIES - Yes
HOSPITAL- Sacred Heart Medical Center
SEATBELT- No
VEHICLE YEAR 1998
VEHICLE MAKE Ford
VEHICLE MODEL Explorer
WRECKER Claudes Towing
INCIDENT NARRATIVE: Mundell and Morgan were traveling northbound when their vehicle went off the roadway and the driver overcorrected. The vehicle then overturned coming to rest on its side on the northbound shoulder of the road. It is still under investigation as to who was driving the vehicle. Next of kin has been notified.
DSP INITIALS <TNM>
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N.D.W.Va.: Officer had RS of hunting from car for stop
The officer was patrolling in an area known for hunting from vehicles. Defendant was validly stopped because the inspection certificate appeared expired. It turned out that it wasn’t but the officer also had reasonable suspicion to believe that defendant was hunting from the car, which meant a firearm in the car and that meant potential dangerousness. United States v. Behrens, 2013 U.S. Dist. LEXIS 130537 (N.D. W.Va. September 12, 2013).*
Defendant argued that the CI and government violated his reasonable expectation of privacy in recording a conversation with defendant in his driveway. The court doesn’t have to decide that question because there was plenty of information supporting the search warrant that defendant doesn’t challenge. United States v. Scott, 2013 U.S. App. LEXIS 18871 (7th Cir. September 10, 2013).*
Handcuffing and transporting a juvenile who appeared to be “beyond the control” of school officials was not clearly established to be a Fourth Amendment violation, so qualified immunity applies. C.B. v. City of Sonora, 2013 U.S. App. LEXIS 18931 (9th Cir. September 12, 2013).*
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MD: Rear deck taillight out supports stop
The officer watched defendant walking and get into the passenger seat of a car. As the car drove off, he noticed the rear deck brake light was out. That justified a stop, and marijuana was smelled, and that led to a search and a gun. Smith v. State, 2013 Md. App. LEXIS 127 (September 10, 2013).*
Officers knew of a shooting two hours earlier, and defendant was seen by an officer with a weapon. That supported his stop, and it didn’t become an arrest until he was found to be a felon. United States v. Fountain, 2013 U.S. Dist. LEXIS 128873 (N.D. Fla. September 10, 2013).*
The several search warrants in this case were all issued with probable cause. United States v. Broulik, 2013 U.S. Dist. LEXIS 129176 (D. Minn. July 15, 2013).*
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MO: No standing in a stolen RV being lived in
Defendant had no reasonable expectation of privacy in a stolen RV he was living in, that apparently he stole. This is a form of Rakas “wrongful presence.” State v. Woodrome, 2013 Mo. App. LEXIS 1040 (September 10, 2013):
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CA9: Consent to search a cell phone doesn't include answering it and impersonating defendant
Consent to “look in” or “search” a cell phone does not include permission for the officer to answer the phone and pass himself off as the defendant. “An individual who gives consent to the search of his phone does not, without more, give consent to his impersonation by a government agent, nor does he give the agent permission to carry on conversations in which the agent participates in his name in the conduct of criminal activity.” Defendant also had standing in the cell phones because he was asked for them. United States v. Lopez-Cruz, 2013 U.S. App. LEXIS 18930 (9th Cir. September 12, 2013).
Out-of-county vehicle with unfamiliar driver buying lye was not reasonable suspicion. State v. Taylor, 2013 Ohio 3906, 2013 Ohio App. LEXIS 4067 (9th Dist. September 11, 2013).*
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FL - Delray commissioners consider shrinking areas where sexual offenders and predators can live
Original Article
09/13/2013
By Marisa Gottesman
The Sun Sentinel investigation that uncovered the failures of Florida's Jimmy Ryce Act (Wikipedia), which was intended to keep people safe from sexual predators and offenders attacking again, prompted Delray Mayor Cary Glickstein to quiz the police department about what measures were in place to keep residents safe.
At a recent City Commission meeting, Delray Police Chief Anthony Strianese, Delray's police chief gave commissioners an...
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Improper juror contact unravels domestic violence case
In criminal cases involving jury trials, there are a number of rules in place to protect the integrity of the criminal process. One of those rules is that jurors and those connected with the case—most especially prosecutors and defense attorneys...
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VT - Legislative Response to Brooke Bennett’s Slaying Is Both Encouraging, Flawed
Original Article
09/15/2013
By Mark Davis
Randolph - With his guilty plea last month, Randolph sex offender _____ is about to spend the rest of his life in prison for the 2008 rape and murder of his 12-year-old niece. The package of reforms to Vermont’s sex crime laws passed by lawmakers in the wake of Brooke Bennett’s death, however, will likely remain on the books long after _____ fades from the headlines.
The 76-page law, which passed in 2009 with bipartisan support, overhauled...
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2000 Pounds of Pot Seized in Boat off Santa Barbara
18 people were arrested and 2,000 pounds of marijuana were seized after a boat landed on a quiet Santa Barbara Beach Friday. Law enforcement officials said the boat was first spotted by a group of national guardsmen. The tip was turned over to Santa Barbara Sheriff's who made the bulk of the arrests with the help of some other law enforcement agencies. Federal authorities later located a truck which was tied to the bust and led to additional evidence and arrests. Many of the suspects were thought to be from Los Angeles County. Identitites of the subjects were being withheld pending filing decisions by prosecutors.
Early indications suggest the United State's Attorney will file charges in this case. However, many small drug related offenses are prosecuted by local authorities under certain circumstances. In this case the suspects would likely face much harsher sentencing laws if prosecuted by the federal government instead of the County of Santa Barbara.
There have been ten similar busts in the Central Coast area since last year. A total of almost 10,000 pounds of marijuana was seized as a result of ocean based smuggling attempts. The U.S. Attorney General recently made a new policy statement about how federal authorities were choosing to address marijuana laws, specifically state laws which are in conflict with federal policy. The new policy generally indicated that the federal government is going to support state laws and only enforce marijuana laws associated with trafficking,firearms violations, other violent conduct or illegal conduct involving trafficking or support for trafficking other types of drugs. I guess the guys in the boat didn't have their medical recommendations with them.
If you have been arrested for a drug offense or any other crime, call me:
Jeffrey Vallens (805) 379-2414 or (818) 783-5700 or email me at: vallenslaw@yahoo.com or
Visit my sites: www.westlakecriminaldefense.com or
www.4criminaldefense.com
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NFL WEEK TWO 2013
If you took a peek in the comments early Thursday evening we posted a comment that we liked the J...E...T....S and while they didn't win, the cheaters didn't cover and if you took Gang Green +10, you made some Genos. Don't look now but skinny Rex has a big, fast, young defense that brings it, and a rookie QB with some upside. Lots of people like the Fins on the road at Indy, but we don't simply because of this: they are fairly even teams distinguished by one team having a superior QB (Colts) and one team having a QB that the book hasn't been written on yet. Tannehill might be good or very good, but all we know from week one is that he couldn't get the ball to his 60 million dollar man Wallace. Take Indy with the much better QB and lay the very reasonable 3. The Redskins/RGIII showed us this last week: preseason matters. A tough loss at home is followed by a road trip to Cheesehead land. We don't see it. 52nd Street Irving called us about this one:Take the Pack-9 and see our teaser below. TEASER OF THE WEEK: Teasers allow you to move points with reduced odds on a multi-team bet. We use the odds 52nd Street posts at his book in Vegas and they're pretty standard. For a two team 6 point teaser- 11:10. The Line in San Diego at Philly is Eagles -7.5. The Line in Redskins at Packers is Green Bay -9. We're going to pick the home team favourites and tease each line down 6 points. Laying 1100 to win a 1000 we now have the Eagles -1.5 and the Packers -3. For fun only. Fantasy Football: We're 1-0 and heading into week two we're playing Danger 11 whose QB Brady scored a very pedestrian 13 points for him Thursday night. Our QB-Peyton Manning- gets 13 points in warmups (he torched the league for 55.9 points last week.) But the injury bug bit Peyton's Place (our team) hard this week, and we lost a RB and TE to injury, forcing us to go to the waivers where the pickings were slim and we nabbed Steeler RB Jonathan Dwyer who wasn't even on a team last Sunday. Right now we're debating Raven WR Marlon Brown vs. Steeler WR Antonio Brown. But for the fact that the Steelers have no O, this would be a no-brainer but we think Flacco and the Ravens are going to light up the Browns this week, so we're still up in the air. SUICIDE POOLGet your picks in. There is no clear favourite this week as there was last week with Indy over Oakland. See You In Court Monday. Site Feed
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Forbes: E-ZPasses Get Read All Over New York (Not Just At Toll Booths)
Forbes: E-ZPasses Get Read All Over New York (Not Just At Toll Booths) by Kashmir Hill:
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