Copyrighted Material by The Pate Law FirmPage Pate represented former New Roads, La. Mayor Tommy Nelson in an appeal of his conviction on federal racketeering and related charges to the Fifth Circuit Court of Appeals in New Orleans. The...Read More »
Our Firm Convinces Appeals Court to Overturn Lengthy Sentence for Former Louisiana Mayor
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Friday College Football Open Thread
Lost of college pigskin on tap today. My picks: Bowling Green -2 over Buffalo U, Arkansas +24½ over LSU, Nebraska -2 over Iowa, SMU +10 over Houston, Marshall -4 over East Carolina, San Jose State +7½ over Fresno State, Pittsburgh +3 over Miami...
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If police come to my home to conduct a search, should I let them in?
If the police come to your home to search it, you absolutely should not let them in without consulting your attorney unless they have a valid search warrant. What frequently happens is the police will get a tip from a tip line, a call to a police station, or an informant about a crime they [...]
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Two Teens Face Felony Charges for Car Flipping After WVU Football Victory
It turns out that a raucous prank may have legal consequences. Not long ago, two college-age teenagers were charged with felony property destruction after flipping a car in Morgantown after West Virginia University's football team upset Oklahoma State in September. The car flipping resulted in $6,000 in vehicle damage. If convicted, they could face a fine of $2,500 and up to 10 years in prison.
This is not the first serious destruction that has occurred in the wake of a football team's victory: West Virginia University students set more than 40 fires after the team's narrow victory over Texas last season, and in 2003, around 100 fires were set after the team's victory over Virginia Tech. This time, the students allegedly involved were from West Virginia University and the University of South Carolina. They were finally arrested after police had spent an estimated 100 hours on the case, working from 40 separate tips. The tips were provided from other students at West Virginia University, who were outraged by the prank and did not want visitors to think that the ones involved represented the values of the university community.
While the West Virginia University student's case works its way through the criminal system, the university will conduct its own disciplinary process, which moves at a faster rate. The university will investigate, and if the student is found to be not guilty, he will "walk away." On the other hand, if he is found to be guilty of the prank, he can receive a punishment ranging from no formal discipline to expulsion. It is unclear whether West Virginia University's findings could be used in the criminal case.
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Local Law No. 8.... cont
In fact, enactment of sex crime offender residency restrictions and challenges to such laws are occurring nationwide. While the defendant raises multiple constitutional challenges to Local Law No. 8, the court initially addresses whether this law is preempted by...
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Kohl's Retail Theft in Will County Ends with Shots Fired
Three Joliet men were arrested after a botched shoplifting attempt at Kohl's in Romeoville that resulted in the shooting of one suspect by police. Police were notified of a retail theft in progress at the local department store on Thursday around 10 p.m. According to police and witnesses, police officers waited outside to apprehend two men who were exiting the store with a shopping cart. One of the suspects, Robert Russell, 51, ran toward a vehicle and the shut the pursuing officer's arm in the vehicle's door. The driver took off, dragging the officer along with the vehicle. A second officer fired three to four shots at the driver after the he refused the officer's orders to stop. The suspects were apprehended after the driver was shot in the left arm. The third suspect, Gerald Chamberlain, 28, was arrested inside the store.
Felony charges were filed this morning against Russell and Chamberlain, both reportedly have extensive criminal records. Russell was charged and booked at the Will County Jail for attempted murder, retail theft and obstructing an officer. Chamberlain was charged with felony theft. The driver has not yet been charged. The officer was treated and released from a nearby hospital.
Charges filed after shoplifting suspect shot by police, www.chicagotribune.com, November 29, 2013
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"Should reform advocates welcome latest DEA raids of hinky medical marijuana facilities in Colorado?"
Doug Berman has this post at Sentencing Law & Policy. In part: I think advocates for legalizing and regulating marijuana ought generally be pleased when the feds go after the most shady operators of marijuana facilities. I suspect businesses that...
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Traffic stop near Twin Falls leads to drug seizure.
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer
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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: 11/29/2013 9:27 pm
Please direct questions to the District Office
On Friday, November 29th, 2013, at approximately 3:36 pm, Idaho State Police conducted a traffic stop on a 2010 Dodge Journey, on US Highway 93 near milepost 37, near Twin Falls Idaho. The vehicle was traveling north and was stopped for a traffic violation. The subject was identified as 59 year old male Joel Anderson, from Marysville, California.
Pursuant to the traffic stop, 3 pounds of marijuana was found and seized. Anderson was incarcerated in the Twin Falls County Jail where he is being charged with trafficking a controlled substance and felony possession of Marijuana.
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WV: No REP in telephone numbers dialed under state constitution
There is no reasonable expectation of privacy in telephone numbers dialed under the Fourth Amendment or the state constitution. State v. Clark, 2013 W. Va. LEXIS 1392 (November 26, 2013).
Defendant’s known drug history, presence of marijuana, and five GPS units in the back seat (suggesting they were stolen; who has five?) was reasonable suspicion for further detention. State v. Sinha, 2013-Ohio-5203, 2013 Ohio App. LEXIS 5414 (12th Dist. November 25, 2013).*
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Wallace v State - Yes or No Georgia DUI Implied Consent can be used against you
Wallace v. State, A13A0942, PH-035C., Court of Appeals of Georgia, Decided: November 22, 2013. Willam Glynn Wallace was arrested for DUI. The arresting officer read Wallace Georgia Implied Consent. Wallace refused a breath test. Wallace then asked the arresting Officer what would happen if he said yes to the test and could it be used against him. The Officer yes or no it could not be used against him. The Georgia Court of Appeals found that the refusal of a breath test under Implied Consent could be used against the Defendant and was therefore a substantial deviation from Implied Consent rights. See State v. Peirce, 257 Ga. App. 623, 625 (1) (571 SE2d 826) (2002) ("Where the consent was based at least in part on deceptively misleading information concerning a penalty for refusal which the state was not authorized to implement, there was no informed choice and the test results are inadmissible.") The judgment was reversed and the breath test was suppressed.
-Author: George Creal
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WSP DUI "I-5 Challenge" in full swing this weekend
Over this Thanksgiving weekend you may see more law enforcement officers on I-5 in King County, WA. This is the result of the "I-5 Challenge" outlined by the Washington State Patrol. Between Wednesday and Monday, the State Patrol is conducting the "I-5
Challenge," encouraging drivers to get through the Thanksgiving Holiday
extended weekend with zero fatalities on Interstate 5.
Last year
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GA: General BOLO based on anonymous call didn't support defendant's stop three miles away
A BOLO for a Dodge Charger that was “silver or dark” with an unknown number of black males in it was insufficient to justify a stop three miles from the scene of the alleged crime. Allen v. State, 2013 Ga. App. LEXIS 982 (November 22, 2013).
The evidence supported consent. “Agent Geer testified that Mr. Djenasevic was ‘eager to cooperate’ and told officers that there was nothing in the condominium and that officers were free to search it using the key on his key ring. Sergeant Ronald Graham also testified that officers used a key to enter the condominium.” United States v. Djenasevic, 2013 U.S. App. LEXIS 23725 (11th Cir. November 26, 2013).*
Considering the “great deference” given search warrants, the court concludes that there was probable cause to believe that drug trafficking information would be found in defendant’s house. It was based entirely on an officer’s assertion in the affidavit, but the court credited it because of that deference. United States v. Rodriguez, 2013 U.S. Dist. LEXIS 168520 (D. Ore. November 26, 2013).*
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GERMANY - Court backs sex offender in human rights challenge to Germany’s preventive detention
Original Article
11/28/2013
Human rights judges say German courts should have considered alternatives to preventive detention for a sex offender who had served his full prison sentence.
In today’s Chamber judgment in the case of Glien v. Germany (application no. 7345/12), which is not final, the European Court of Human Rights held, unanimously, that there had been:
a violation of Article 5 § 1 (right to liberty and security) of the European Convention on Human Rights,
and
a violation of...
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E.D.Ky.: Homeless man storing his computer in a suitcase he hid in the woods during day had no expectation of privacy
Defendant was a homeless graphics designer, and he had a campsite next to a cemetery. Every day he packed his valuables, including a computer, in a suitcase, and hid it in the woods away from his campsite. Significantly, he admitted the he expected it to be seen by somebody sooner or later. A person walking by saw the suitcase and retrieved it, taking it to the police. He had no reasonable expectation of privacy in the suitcase. Even if he did, it was reasonable for the police to open it to look for evidence of ownership, and that included looking in the computer for evidence of who owned it. United States v. Wilson, 2013 U.S. Dist. LEXIS 168493 (E.D. Ky. November 20, 2013).
Two trucking companies operated at one location and shared office space, computers, and employees. When a search warrant for records of one was executed, the officers were aware of the overlap, and some records of the other were seized. The search was still reasonable, and, even if the overseizure was an issue, the records of the overseizure would be seized. United States v. Dahl, 2013 U.S. Dist. LEXIS 168602 (D. Minn. November 15, 2013).*
The CI gave accurate predictive information, so there was probable cause under a common sense reading of the affidavit. United States v. Bravo, 2013 U.S. Dist. LEXIS 168782 (D. Neb. October 10, 2013).*
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Report: Registry does more harm than good for teen sex offenders
Original Article
05/01/2013
By Emanuella Grinberg
(CNN) - Mr. Gravens can't do a lot of the normal things parents do, like drop his son off at school, attend parent-teacher conferences, or take his daughter to the park, a library or anywhere else children gather.
For the offense of inappropriately touching his 8-year-old sister when he was 12, Gravens, 26, has spent almost half his life as a registered sex offender. The designation subjects him to residency and zoning restrictions that...
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Eh…They’re Just People
Scott Greenfield – how many of my posts these days start that way? — writes today about another asshole. Just another. If I had a dime for every asshole we criminal defense attorneys encountered in the course of a typical week, I would not have to suffer the pain and sorrow of this system: I’d […]
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Ohne Kommentar: Facebook-Fahndung auch in Hamburg
Auch in Hamburg wird nun über die Facebook-Fahndung, also eine generelle Einbeziehung des sozialen Netzwerks in die polizeiliche Ermittlungstätigkeit nachgedacht. Nach dem Vorbild von Niedersachsen, wo dieses Modell schon seit Juni 2012 erfolgreich läuft (die Seite hat mehr als 17.000 „Fans“), sollen nun auch in Hamburg Zeugenaufrufe nach Straftaten und die Suche nach Vermissten breitenwirksam […]Original: Ohne Kommentar: Facebook-Fahndung auch in Hamburg
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Fatal Crash 3021 Genesee-Juliaetta Rd
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 # L13001038
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DATE: 11/29/2013 TIME: 11:40 PM LOCATION: 3021 Genesee-Juliaetta Rd
ASSISTING AGENCIES: Latah County Sheriff Department
VEHICLE #1
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DRIVER Zachary C Brunes AGE 25
ADDRESS Deary, ID
INJURIES? - Yes
HOSPITAL/LOCATION TAKEN Gritman
VEHICLE YEAR 1994 VEHICLE MAKE Ford VEHICLE MODEL Probe
WRECKER Brandt Brothers
SEATBELTS/HELMET WORN? No
PASSENGER
Jessica D Russell AGE 18
ADDRESS Juliaetta, ID
INJURIES? - Fatal
HOSPITAL/LOCATION TAKEN Short's Funeral Home
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INCIDENT NARRATIVE: Vehicle was traveling Westbound on Genesee-Juliaetta Road approximately a quarter mile east of the junction of Lenville Road. Brunes was negotiating a right hand downhill turn and lost control, left the road way, rolled once and hit a tree. The passenger was ejected and succumbed to injuries on scene.
DSP INITIALS AHR
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As Costly as DWI Convictions are, the Professional Consequences Could be Just as Serious
While some might say that a single DWI or drug DUI conviction could hardly influence the course of a person's entire life, it certainly isn't out of the ordinary to find that a one-time drunk driving arrest and conviction has, to some extent, impacted some aspect of an individual's personal or work life for the worse. Besides the damage that a DWI or DUI conviction can inflict on one's private life or personal relationships, people have been known to lose their jobs over a single drunk driving conviction. Similarly, entire careers have been negatively affected, if not completely ruined, because of the results of a drunk driving conviction.
As New Jersey DWI defense lawyers, my colleagues and I are firmly dedicated to representing those who have been accused of driving while intoxicated, operating a motor vehicle while impaired by doctor-prescribed medications (also known as drug DUI), and even people who have been arrested for the simple act of possessing marijuana or other controlled dangerous substance (CDS) in their car or truck. It may seem difficult for many to believe the wide-ranging effect that a single DUI or multiple DWI convictions can have on any one person, but the results are there to be seen on a regular basis.
When it comes to the deleterious effects of a DWI arrest and conviction, some individuals may certainly seem luckier than others. Of the unlucky ones -- those who typically have the most to lose -- certainly those professional truckers and other commercial vehicle drivers who make a living by operating motor vehicles for pay are at great risk. And while there are people who hardly need a driver's license to survive I this world, there are others who have found that making a living after a DWI conviction can be just a bit more difficult.
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Man Gets 27 Years in Prison for Meth Possession
Last month, a man was sentenced on charges relating to the State's largest methamphetamine bust in recent years. According to a report by MLive.com, the man was sentenced to 27 years' imprisonment on October 29th. He was convicted for possessing over 23 pounds of methamphetamine.
Prosecutors argued that the man was the "organizer" of a large methamphetamine distribution ring that was based in Arizona. According to the prosecutors, "He had the connection in Arizona, arranged the trips, and provided instructions for the drivers on where to go." To support their assertions, prosecutors presented several witnesses who were also involved in the distribution ring. None of these men went to trial, and they all accepted plea agreements that resulted in between nine and twelve years' imprisonment.
In the man's defense, his attorney pointed out that all the testimony indicating his client was involved came from the mouths of men who were also facing potential life sentences. He claimed that such testimony should not be believed and that his client was being thrown under the bus by other men who had larger roles in the distribution ring. In the end, the jury chose to convict the man and sentence him to 27 years in prison.
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