At 1:00 p.m. today, Mike will call into the Bill Cunningham show on 700 WLW. The main topic of the day will surround the civil suit against Cincinnati Police Officer Adrienne Brown. Officer Brown was named in this suit due to her actions against, and treatment of, an alleged rape victim. According to Jane Doe, […]
Today at 1:00 p.m. Mike Allen and Bill Cunningham talk about the Cincinnati cab rape incident
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License plate readers fail to accomplish crime fighting goals
Civil libertarians have expressed serious privacy concerns related to the widespread use of license plate readers by law enforcement, but an equally strong argument against may be that they simply fail to accomplish their goals and aren't worth the bang for the buck. With the Texas Senate State Affairs Committee charged with evaluating the collection of geolocational data by government this year as part of their interim charges (pdf), I was interested to see that CrimeSolutions.gov - a federally sponsored site which provides evidence-based evaluations of crime-fighting strategies - lists license plate reader technology as a tactic which has "no effect" on crime.Studies have found neither general nor specific crime deterrent effects from deployment of license plate readers and only a slight increase in recovery of stolen vehicles. There was a short-term spike effect on vehicle thefts when police used manual license plate readers as opposed to the stationary ones installed on the side of the road, but "the effect faded over time."Given those results, it's hard to justify government spending on license plate readers given that "The cost of the license plate recognition (LPR) technology is approximately $20,000-25,000 per unit."
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Dept of Corrections ends local lodging for sex offenders
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Interstate blocked near Orchard, now clear
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer
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IDAHO STATE POLICE NEWS RELEASE
District 3 Patrol 700 S. Stratford Dr., Meridian 83642
(208) 846-7550
Fax (208) 846-7520
For Immediate Release: 01/28/14 8:05 am
Please direct questions to the District Office
On Tuesday morning, January 28, 2014, the Idaho State Police investigated a crash on the Interstate at milepost 51, just west of the Orchard exit in Boise.
At approximately 2:38 a.m, an unknown passenger car was travelling in the eastbound lanes at milepost 51, when it left the right hand side of the road, striking a large lightpole. The lightpole fell accross the eastbound lanes of travel. Berry Duwayne was travelling eastbound, in an Isuzu Amigo, when his vehicle struck the downed lightpole.
Subsequently, Gary McGuire, age 61, of Chandler, Oklahoma, travelling eastbound in a 2008 Freightliner Semi truck and trailer, also struck the lightpole, damaging the steering axel of the vehicle. The semi then struck the guardrail and crossed the center median into the oncoming westbound lanes, spilling diesel fuel onto the Interstate.
Both eastbound and westbound lanes of travel were blocked as crews worked to clear the scene. The eastbound lanes were blocked for approximately one and a half hours, and the westbound lanes were blocked for approximately two hours.
McGuire and his two passengers, Terisa McGuire, age 58, and Raymond Brown, age 29, were transported by ground ambulance to St. Alphonsus Regional Medical Center, in Boise. McGuire was wearing a seatbelt at the time of the crash. The two passengers were in the sleeper compartment of the vehicle. Duwayne was not transported.
At this time, the identity of the first driver and vehicle to strike the lightpole, is unknown.
This crash remains under investigation by the Idaho State Police.
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CA10: 911 domestic violence call supported exigency even though last actual violence was two days earlier
911 domestic violence call supported exigency even though last actual violence was two days earlier. The caller was hiding in the basement calling the police terrified if she came out. United States v. Gordon, 2014 U.S. App. LEXIS 1524 (10th Cir. January 27, 2014):
=> Read more!
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E.D.Mich.: Cell phone could be seized incident to arrest; SW later issued for it
Defendant’s cell phone was seized incident to his arrest for armed robbery, and it was searched with a search warrant two weeks later. There is no authority cited that the seizure was invalid pending obtaining a search warrant. Considering the split of authority that a search incident of a cell phone is reasonable, mere seizure pending a search warrant should be reasonable. United States v. Gholston, 2014 U.S. Dist. LEXIS 9301 (E.D. Mich. January 27, 2014).*
Defense counsel was not ineffective for not pursuing an appeal of the denial of the motion to suppress. Defendant was without standing to challenge the search, and it would have lost on appeal. Brooks v. United States, 2014 U.S. Dist. LEXIS 9625 (W.D. N.C. January 27, 2014).*
There was probable cause to support defendant’s arrest warrant. The search incident of the backpack that was on him was valid because he disclaimed ownership and that denies standing. United States v. Tomlin, 2014 U.S. Dist. LEXIS 9487 (E.D. Ky. January 27, 2014).*
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Pinellas County Criminal Defense Lawyer :: Pinellas Child Predator Sting Nets 35 Arrests
A four-day child predator investigation in Pinellas County that involved local, state and federal investigators resulted in 35 arrests. The sting, dubbed “Operation Home Alone,” targeted people seeking minors online for sexual relations. The suspects, ranging between 19 and 65 years of age, are from Pinellas, Hillsborough, Pasco and Manatee counties. Police claim one suspect […]
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Judge Denies Double Jeopardy Claim in Milke Retrial
Back in 1990, Debra Milke was convicted of killing her son and sentenced to death. After languishing in prison for over two decades, an appeals court reversed her conviction. Some will read about cases such as this one, where an appeals court reverses a conviction, and suggest that the result was based upon a “technicality.” […]The post Judge Denies Double Jeopardy Claim in Milke Retrial appeared first on David Black.
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Finders, Keepers . . . But Not in California
We’ve all heard the expression as early as when we were toddlers. “Finders, keepers – losers weepers.” Well, losers may be weepers, but finders aren’t always keepers, at least under California law. The issue was brought home recently by an … Continue reading →The post Finders, Keepers . . . But Not in California appeared first on .
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RIP: Pete Seeger 1919-2014
A random selection.
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11 Year Mortgage Fraudster Gets 10 Years in Prison for His Crimes
James Lee Lankford, 74, Modesto, California, a former real estate broker, was sentenced by Senior U.S. District Judge Anthony W. Ishii to 10 years in prison for orchestrating an 11-year mortgage fraud scam that looted elderly homeowners and lending institutions of close to $10 million dollars. Lankford’s co-defendant, Jon Vance McDade, 49, formerly of Modesto, […]
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Second Man Pleads Guilty to Fraud Involving Real Estate Loan
Dwayne H. Means, 46, Cincinnati, Ohio, pleaded guilty in U.S. District Court to conspiracy to commit bank fraud in connection with a loan to buy a lot in the Villages of Sugar Ridge, Lawrenceburg, Indiana, in 2007. According to court documents, Means and Thomas Reusch, 60, Florence, Kentucky, formed TBS Development LLC and applied for […]
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Dayton OVI Attorney Charles Rowland named 2014 Super Lawyer
For the second year in a row, Dayton OVI attorney Charles M. Rowland II has been named an Ohio Super Lawyer. This prestigious list features only the best of the best attorneys in Ohio. Attorneys on the list received the highest point totals in the Super Lawyers selection process.
Dayton OVI attorney Charles M. Rowland II maintains an established DUI/OVI practice, representing the accused drunk driver in State and Federal Courts in the Miami Valley and throughout Ohio. An [Read the full post. . .]
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N.D.W.Va.: Prison medical staff's view of def's body either not a search or was justified by special needs
Defendant was allegedly involved in a prison stabbing, and an RN on staff interviewed and examined him for injuries. That was not a governmental search under the Fourth Amendment. If it was, it was authorized under the special needs exception. United States v. Andrews, 2014 U.S. Dist. LEXIS 9748 (N.D. W.Va. January 17, 2014), earlier opinion, United States v. Andrews, 2014 U.S. Dist. LEXIS 9747 (N.D. W.Va. January 15, 2014)* (probable cause was shown for seizure of defendant’s DNA for testing to match to clothing seized from a crime scene).
The officer had reasonable suspicion for defendant’s stop and detention after an alleged drug deal. A CI gave specific information including the license number of a rental car, it was used in a high crime area for a deal from an alleged drug house, when stopped, defendant was extremely nervous, and a computer check then showed prior cocaine arrests. United States v. McCauley, 2014 U.S. Dist. LEXIS 9851 (M.D. N.C. January 23, 2014).*
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WA: Warrantless SWAT entry into defendant’s hotel room to arrest him as an accomplice to a quadruple cop killing that just occurred was based on exigent circumstances
A warrantless SWAT entry into defendant’s hotel room to arrest him as an accomplice to a quadruple cop killing that just occurred was based on exigent circumstances. State v. Allen, 2014 Wash. App. LEXIS 54 (January 14, 2014):
=> Read more!
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WI: Pre-Jardines dog search of door of house valid by good faith exception
Pre-Jardines dog search of door of house valid by good faith exception. State v. Scull, 2014 Wisc. App. LEXIS 61 (January 28, 2014):
=> Read more!
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Two arrested on methamphetamine charges in upscale St. Johns County neighborhood
Police arrested two people on several felony drug charges after St. Johns County police raided a suspected meth lab in an upscale neighborhood. Neighbors had notified police about suspicious activity and detectives converged about 9 a.m. on a Friday morning last month and arrested two of the occupants, according to a report in the Florida Times-Union. Police said the occupants were not making the drug at the time, but there was evidence that methamphetamine had been cooked and produced there in the past, the newspaper reported. David Austin and Kayleigh Wyman were both arrested and charged with possession and production of methamphetamine, maintaining a drug dwelling and possession of drug paraphernalia in this St. Johns County Drug Crimes Case, the newspaper reported.
Possession and production of methamphetamine is a second-degree felony in Florida with a maximum penalty of up to 15 years in prison and is the most serious of the charges the two are facing. Maintaining a drug dwelling is a third-degree felony with a maximum penalty of five years in state prison and possession of drug paraphernalia is a misdemeanor that only qualifies for time in the county jail. Police were at the house with a tent and the hazardous materials unit, cleaning near the townhouse to get rid of the poisonous chemicals used to manufacture the drug, the newspaper reported. Methamphetamine labs have been prevalent recently in some of the counties right outside Jacksonville. And while they are more common in hotels and apartment complexes, this isn't the first time a meth lab has been uncovered in a more residential area. The fumes that are emitted from the production of the drug can be lethal, and also carry a distinct odor than can make it difficult to hide from neighbors and from law enforcement.
Methamphetamines crimes are becoming more and more common in St. Johns County, where authorities have taken an aggressive approach to investigating the crimes and targeting the manufacturing of the dangerous drug. All penalties and charges in St. Johns County Drug Crimes Cases hinge on two key factors: the type of drug and the amount. Methamphetamine carries among the most severe penalties of any drug, as there is no such thing as a misdemeanor possession of methamphetamine. Any amount is a third-degree felony punishable by up to five years in prison, as opposed to a drug such as marijuana, where anything up to 28 grams is a misdemeanor with a maximum penalty of up to a year in the county jail. Our St. Johns County Drug Crimes Attorney represents defendants facing any and all drug charges from possession of marijuana on up to producing or trafficking in methamphetamine and cocaine.
If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our St. Johns County Drug Crimes Attorney, Victoria "Tori" Mussallem, is available 24 hours a day, 7 days a week.
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Road conditions
We are currently experiencing heavy winter driving conditions. Please allow for extra time if you need to travel on the roadways today. The roads on I90 around 4th of July are heavily covered in snow. We are having multiple crashes and slide offs.
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OH2: A motion to suppress for lack of probable cause does not preserve a scope of search issue
A motion to suppress for lack of probable cause does not preserve a scope of search issue for appeal. State v. Zwick, 2014-Ohio-230, 2014 Ohio App. LEXIS 211 (2d Dist. January 24, 2014).
Defendant was at a local police station on an unrelated matter, and an officer found he smelled of marijuana. Defendant returned to his car and was questioned, and admitted to needles for meth in the car. Based on the findings of fact, the search was valid, and the court of appeals (State v. Dalland, 20 Neb. App. 905, 835 N.W.2d 95 (2013)) reversed. State v. Dalland, 287 Neb. 231, 2014 Neb. LEXIS 11 (January 24, 2014).*
Pre-Jones GPS surveillance is valid under Davis good faith exception. And, in this case, as in United States v. Sparks, 711 F.3d 58 (1st Cir. 2013), the GPS tracking led the police to the scene of another crime. United States v. Ransfer, 2014 U.S. App. LEXIS 1669 (11th Cir. January 28, 2014).*
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OH12: Flyover not a search
A flyover of defendant’s property was not an unreasonable search under the Fourth Amendment or the state constitution. After that, defendant consented to a search of his property. State v. Harsh, 2014-Ohio-251, 2014 Ohio App. LEXIS 242 (12th Dist. January 27, 2014).
Defendant’s 2009 guilty plea waived any GPS search issue under 2012's Jones. United States v. Glay, 2014 U.S. App. LEXIS 1653 (D.C. Cir. January 14, 2014).*
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