As reported in the Augusta Chronicle, Qadir Shabazz, formerly of Atlanta, has been indicted in the U.S. District Court for the Northern District of Georgia for allegedly operating a business called “Indigent Inmate,” which distributed information to more than 13,000 prison inmates across the country. Shabazz and his co-conspirators promised benefits to inmates in exchange... Continue Reading
Atlanta Man Indicted for Filing More Than 2,000 Tax Returns Using Stolen Inmate Identities
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"Juvenile Lifers and Judicial Overreach: A Curmudgeonly Meditation on Miller v. Alabama"
The title of this post is the title of this notable new paper now available on SSRN and authored by Frank O. Bowman III. Here is the abstract: This Article considers with a skeptical eye the Supreme Court’s decision in...
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Will bipartisan momentum get Congress to enact some real and really consequential sentencing reform?
The question in the title of this post is prompted by this lengthy new AP piece, headlined "Momentum behind sentencing changes grows as supporters in Congress seek changes this year." Here are excerpts: An unusual alliance of tea party enthusiasts...
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HI: Typo in date on SW not fatal; everybody knew the correct date
A typo in the date of a warrant (June 6th instead of July 6th) did not require suppression where there was not dispute that the warrant was signed and executed on July 6th. The affidavit referred to July 6th. This is not a constitutional or rule violation. State v. McKnight, 2013 Haw. LEXIS 427 (December 31, 2013), aff'g State v. McKnight, 128 Haw. 328, 289 P.3d 964 (App. 2012):
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eff.org: New Decision Shows How Businesses Can Challenge Warrantless Records Collection, Even if You Can't
The “third party doctrine” at large:
eff.org: New Decision Shows How Businesses Can Challenge Warrantless Records Collection, Even if You Can't by Hanni Fakhoury:
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Selbstleseverfahren, Band 38
Original: Selbstleseverfahren, Band 38
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NY4: Seizure of rifle in DV entry of apt. was waived at hearing
Officers responding to a domestic call at defendant’s apartment removed him and talked to his wife who consented to a search. The seizure of a rifle from the apartment was waived during the suppression hearing when it was expressed that only the legality of the entry was at issue. People v. Britton, 2014 NY Slip Op 25, 2014 N.Y. App. Div. LEXIS 6 (4th Dept. January 3, 2014).*
Defendant’s arrest warrant was not issued on a false statement or perjury. Even if it was, defendant’s consent was sufficiently attenuated from it. United States v. Holmes, 2014 U.S. Dist. LEXIS 415 (W.D. Tenn. January 3, 2014).*
Officers with an arrest warrant had good reason to believe that defendant was in the house despite his family members’ denials he was there. The attic was subject to protective sweep because defendant had hidden there. “[I]t then follows that the officers' plain view observation of the blue lunch box-like container with white powder on the outside was not improper.” United States v. Dixon, 2013 U.S. Dist. LEXIS 182232 (W.D. Mo. November 18, 2013).*
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HuffPo: What to Watch in Drug Policy in 2014
HuffPo: What to Watch in Drug Policy in 2014 by Stephen Gutwillig, Deputy Executive Director, Drug Policy Alliance:
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OH11: Finding meth lab in house during arrest was both PC and exigency
Officers were at the door of the house where defendant lived executing an arrest warrant on a woman. She answered the door in her underwear, was told she was under arrest, and she said she needed clothes. Officers came in while she got clothes. At a door inside, an officer knocked, and defendant opened the door, and the smell of an operating methamphetamine lab was evident. That was both probable cause and exigent circumstances. State v. Campbell, 2013-Ohio-5823, 2013 Ohio App. LEXIS 6118 (11th Dist. December 31, 2013).*
The totality of circumstances supported the conclusion that methamphetamine would be found in defendant’s home, justifying the search warrant. The trial court’s use of “fair possibility” rather than “fair probability” is considered only a typo, not a misapplication of the state’s burden as reasonable suspicion rather than probable cause. State v. Poff, 2013-Ohio-5820, 2013 Ohio App. LEXIS 6125 (11th Dist. December 31, 2013).*
The finding of the trial court suppressing the stop of defendant was based on the video and the totality of the circumstances, and it is supported by the evidence. State v. Jarosz, 2013-Ohio-5839, 2013 Ohio App. LEXIS 6136 (11th Dist. December 31, 2013).*
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"The Punishment Imperative The Rise and Failure of Mass Incarceration in America"
The title of this post is the title of this notable new book published by NYU Press authored by Todd R. Clear and Natasha A. Frost. Here is the book's description from the NYU Press site: “Backed up by the...
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KS - Moving backwards
The following was sent to us via the USER STORY form and posted with the users permission.
By Darrin:
I was convicted in 2013 of lewd and lascivious behavior, a non-person misdemeanor, after 90 days in jail in Wichita Kansas. I was not told that I would be required to register until after the paperwork was signed and I went to talk to my probation officer. In the end, I was still required to do so.
Over the past 10 years I have faithfully registered wherever I was, even when I had to...
[[ This is a content summary only. Visit our blog for full links, videos, studies and more! ]]
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PA - DNA registry would help solve crimes, police, prosecutors say
Original Article
01/04/2014
By Melissa Daniels
DNA from criminal suspects arrested in Pennsylvania could be put into a state computer database if law enforcement interests trump privacy concerns during the upcoming legislative discussion.
The state House of Representatives is considering Senate Bill 150, which would require police to collect a DNA sample from suspects arrested for any felony and for misdemeanors requiring registration as a sex offender. The legislation has touched off a...
[[ This is a content summary only. Visit our blog for full links, videos, studies and more! ]]
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A political and media tipping point?: New York's Gov to reform state's marijuana laws
The title of this post is prompted the fact that today's New York Times has this lengthy lead story on its front page above the fold under the headline "New York State Is Set to Loosen Marijuana Laws." Here are...
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THE TWO GREATEST AMERICAN NOVELS
This is our list, and as such, we take as much literary license as we see fit (plus, we can't count very well). The two Greatest American Novels are Adventures of Huckleberry Finn, by Mark Twain, and The Grapes Of Wrath, by John Steinbeck. Adventures Of Huckleberry Finn (The "The" was added in later editions. If you have an edition lying around the house without the "The" in it, give us a call, we'll take it off your hands and save you the trouble of storing it) represents a groundbreaking change in American Literature (which has been a criteria for inclusion in our list): it is the first American Novel to be written almost entirely in the local vernacular of the places in the Novel. And of course, the Novel takes place along that most American of locales: The Mississippi River, which itself shaped the course and history of this nation. The most American of stories, about the most American of places, with the most American of characters. How could this novel not be number one? Well, because our personal favourite Novel was written by our personal favourite author.When we initially conceived of this list, we wrote a short paragraph distinguishing why The Grapes of Wrath (TGOW) edged out To Kill A Mockingbird. At that moment we had Adventures third. In our mind, we were awarding first place based not only on the greatness of the novel, but Steinbeck's body of work. Every book Steinbeck has written is a masterpiece. Of Mice and Men doesn't make the list only because it is a Novella, and not a Novel. otherwise it shares second with Mockingbird and Catcher in the Rye. As a young boy, we plucked Steinbeck's Travels With Charley off the bookshelves of our grandfather's library, and we were hooked. There is so much that is so great about TGOW that we cannot cover it in a simple blog post. The writing is simple. It tells a very American story (the second migration to California, this time by American farmers/refugees from the depression and the dustbowl). Issues of politics, personal liberty, suffering, motherhood, exploitation, class, and the great American struggle for a better life for the next generation all are at the forefront. "If you're in trouble, or hurt or need-go to poor people. They're the only ones that'll help- the only ones. Ma Joad, The Grapes Of Wrath. Once you read TGOW you must immediately read Steinbeck's "Working Days- The Dairy of The Grapes Of Wrath". May 31, 1938: I shall try simply to keep a record of working days and the amount done in each and the success (as far as I can know it) of the day. Just now the work goes well.June 5: …My whole nervous system is battered…I hope I’m not headed for a nervous breakdown…June 9: …This must be a good book. It simply must…June 11: …My life isn’t very long and I must get one book written before it ends. The others have been make shifts, experiments, practices. For the first time I am working on a real book…July 8: I wonder how this book will be. I wonder.September 7: So many things to drive me nuts… I’m afraid this book is going to pieces. If it does, I do too… If only I wouldn’t take this book so seriously. It is just a book after all, and a book is very dead in a very short time. And I’ll be dead in a very short time too. So the hell with it. Let’s slow down, not in pace or wordage but in nerves.Readers of this blog are not (yet) familiar with our other writing endeavors. But we will share this with you: writing a novel is stepping off a cliff into space with no safe place or way to land in sight at the first step. You must simply trust that your thousands of hours of effort will not be for naught. And yet every day you are besieged by self doubt. At those moments, to know a genius like Steinbeck was similarly overcome with doubt, makes the journey though a novel somewhat easier (only somewhat- the doubts are crippling). As an interesting side note, Steinbeck has been translated to the big screen very successfully. Both the movie versions of TGOW (Henry Fonda as Tom Joad) and Of Mice and Men (a spectacular movie with Gary Sinise and John Malkovitch as George and Lenny. And if you can ever find it, don't miss the original 1939 film with Lon Chaney as Lenny and Burgess Mereidith as George. That film received four Oscar Nominations) are classics. In 1962 Steinbeck won the Nobel Prize for Literature and TGOW was prominently mentioned as a basis for the award. Then I'll be all around in the dark - I'll be ever'where—wherever you look. Wherever they's a fight so hungry people can eat, I'll be there. Wherever they's a cop beatin' up a guy, I'll be there... I'll be in the way guys yell when they're mad an'—I'll be in the way kids laugh when they're hungry and they know supper's ready. An' when our folk eat the stuff they raise an' live in the houses they build—why, I'll be there...Tom Joad, The Grapes of Wrath. Monday: Back to work. A new year. A new you. A new blog? See You In Court, but not next week, and long time and careful readers know why. If you don't know, click in tomorrow and find out. HR. Site Feed
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Der Spiegel: Inside TAO: Documents Reveal Top NSA Hacking Unit
Der Spiegel: Part I: Inside TAO: Documents Reveal Top NSA Hacking Unit
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Officer Accused of Drunk Driving with Child in Vehicle
According to the Boston Globe, a Connecticut police officer was arrested and charged in the state of Massachusetts with drunk driving with a child in the vehicle. State police report that the 45-year-old officer was stopped for a traffic stop on Massachusetts Turnpike. Not only is he facing drunk driving, but he's also looking at charged of possession of an open container of alcohol, negligent operation, speeding and child endangerment.
Our Boston injury lawyers understand that there were more than 110 people killed in alcohol-related traffic accidents in the state in 2011. These fatalities accounted for close to 35 percent of all traffic accident fatalities recorded throughout the year. In 2012, there were 12,941 people arrested for drunk driving in our state. Although most drivers understand the dangers of drinking and driving, the fear doesn't seem to be stopping many.
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The Daily Dot: The NSA has nearly complete backdoor access to Apple's iPhone
The Daily Dot: The NSA has nearly complete backdoor access to Apple's iPhone by Jay Hathaway:
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Injury Crash in Preston
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer
DO NOT REPLY
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Idaho State Police
District 5 5205 South 5th Ave.
Pocatello, Idaho 83204-2299
(208) 236-6466 FAX: (208) 236-6068
For Immediate Release: 1/5/2014 7:45 a.m.
Please direct questions to the District Office
On January 5, 2014, at approximately 2:47 a.m., the Idaho State Police investigated an injury crash in the 1600 block of S. State St., in Preston. Deputy Travis Despain, age 37, with the Franklin County Sheriff's Department, was on duty and traveling northbound on S. State St., in his 2012 Dodge Charger, when he went off the road and struck an embankment. Despain was able to radio in for assistance and was later transported to Franklin County Medical Center for treatment of his injuries.
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NSA jams San Antonio garage openers; forensic cookie capers
A couple of stories related to digital forensics caught my eye this morning that may interest Grits readers. NSA jams San Antonio garage openersFirst, a Texas-specific item. It's a shame we have to read this from a German magazine instead of the Texas media, but there's a must-read story from Der Spiegel (Dec. 30) about the NSA facility in San Antonio that opens:In January 2010, numerous homeowners in San Antonio, Texas, stood baffled in front of their closed garage doors. They wanted to drive to work or head off to do their grocery shopping, but their garage door openers had gone dead, leaving them stranded. No matter how many times they pressed the buttons, the doors didn't budge. The problem primarily affected residents in the western part of the city, around Military Drive and the interstate highway known as Loop 410.In the United States, a country of cars and commuters, the mysterious garage door problem quickly became an issue for local politicians. Ultimately, the municipal government solved the riddle. Fault for the error lay with the United States' foreign intelligence service, the National Security Agency, which has offices in San Antonio. Officials at the agency were forced to admit that one of the NSA's radio antennas was broadcasting at the same frequency as the garage door openers. Embarrassed officials at the intelligence agency promised to resolve the issue as quickly as possible, and soon the doors began opening again.It was thanks to the garage door opener episode that Texans learned just how far the NSA's work had encroached upon their daily lives. For quite some time now, the intelligence agency has maintained a branch with around 2,000 employees at Lackland Air Force Base, also in San Antonio. In 2005, the agency took over a former Sony computer chip plant in the western part of the city. A brisk pace of construction commenced inside this enormous compound. The acquisition of the former chip factory at Sony Place was part of a massive expansion the agency began after the events of Sept. 11, 2001. ...One of the two main buildings at the former plant has since housed a sophisticated NSA unit, one that has benefited the most from this expansion and has grown the fastest in recent years -- the Office of Tailored Access Operations, or TAO. This is the NSA's top operative unit -- something like a squad of plumbers that can be called in when normal access to a target is blocked.According to internal NSA documents viewed by SPIEGEL, these on-call digital plumbers are involved in many sensitive operations conducted by American intelligence agencies. TAO's area of operations ranges from counterterrorism to cyber attacks to traditional espionage. The documents reveal just how diversified the tools at TAO's disposal have become -- and also how it exploits the technical weaknesses of the IT industry, from Microsoft to Cisco and Huawei, to carry out its discreet and efficient attacks.The unit is "akin to the wunderkind of the US intelligence community," says Matthew Aid, a historian who specializes in the history of the NSA. "Getting the ungettable" is the NSA's own description of its duties. "It is not about the quantity produced but the quality of intelligence that is important," one former TAO chief wrote, describing her work in a document. The paper seen by SPIEGEL quotes the former unit head stating that TAO has contributed "some of the most significant intelligence our country has ever seen." The unit, it goes on, has "access to our very hardest targets." Indeed, the unit maintains a catalog of spy tools, described in another Spiegel article, which "reveals that an NSA division called ANT has burrowed its way into nearly all the security architecture made by the major players in the industry -- including American global market leader Cisco and its Chinese competitor Huawei, but also producers of mass-market goods, such as US computer-maker Dell."Have a cookie, delete a cookie, give a cookie to a copSpeaking of "getting the ungettable," while poking around various digital forensics blogs this morning I ran across this recent article on how to access incredibly detailed information from Google Analytics cookies, even if the computer user has deleted them. These aren't techniques only available to the NSA but to workaday computer forensic folk at police departments and domestic security agencies. Wrote computer forensics examiner Mari DeGrazia:The real power of the Google Analytic artifacts comes into play when deleted artifacts are recovered. By using Scalpel [ed. note: a file carving tool] and then parsing the carved files you can have some new data to play with and analyze.Based on some initial and limited testing with Internet Explorer 11 and Windows 7, it appears the browser deletes then creates a new cookie when visiting a website rather then overwriting the old cookie. This means there could be a lot of cookies waiting to be recovered.This technique not only allows forensic examiners to see what websites you visited and when but what keywords were used to get you there. In the faux example in the post, the last keywords listed on the spreadsheet created by the technique were "How to Clear History."All kind of creepy, huh?
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Hefty DWI-DUI Penalties Help New Jersey and Other States Punish Drunk Driving Offenders
These days, the monetary penalties for a DWI or drug-related impaired driving offense can be quite stiff no matter what state one lives in. But here in New Jersey even a first drunken driving carries with it such a significant financial impact for most people that they don't soon forget that initial DWI arrest. As Garden State drunk driving defense lawyers, my colleagues and I have many decades of collective courtroom experience when it comes to defending New Jersey motorists accused of DWI-DUI, as well as drivers from other states.
As we've mentioned in the past, a first-time DWI offender can face upward of a $400 fine in New Jersey, depending on the results of his or her blood-alcohol content (BAC) measurement at police headquarters. We say this with the caveat that under certain circumstances a skilled attorney can sometimes get the court to suppress the breath test results, which may then help to mitigate these first-offender penalties.
It is important to note that if one were to up the ante by having a BAC measurement of 0.15 percent, the court will have no other choice than to include the requirement of an ignition interlock device following the license suspension period for those convicted of driving under the influence. These interlock devices also come with their own costs, which make their mandatory use in such cases expensive as well as inconvenient and, at times, embarrassing. To say the least, New Jersey has some of the more harsh DWI and DUI penalties, but drivers in all nearby states should consider carefully the potential downside of a DWI arrest.
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More Pages to Explore .....
