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Man claims he is an owl to avoid a DUI

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I am sure that this worked. A Massachusetts man did not give a hoot about logic after he led police on a long chase... 37-year-old Troy Prockett was arrested and charged with multiple offenses this week including felony DUI, resisting arrest, leaving the scene of an accident with property damages and numerous traffic citations. How he got there made for an interesting story... Per the police report, a state trooper was driving on I-290 in the evening when he saw a car, driven by Prockett, spinning out of control between travel lanes. The car eventually spun out of control, crashing into a snowbank and coming to rest between the first and second lane of traffic. The state trooper testified that three other vehicles had to swerve out of the way of the suspect to avoid being hit. The trooper responded by turning on his lights and siren. The suspect, now driving a heavily damaged car, proceeded to pull out of the road into oncoming traffic and drove almost a mile in the breakdown lane...with the trooper in hot pursuit. The car eventually did stop but only so the suspect could jump out of the driver's seat and run off into the woods. The defendant was not a master criminal as the trooper found his wallet still in the car and started tracking him thorugh the snow by following his footprints. With the help of a K9 unit, the man was found after a hour of searching in single digit temperature. The man was found in a tree and gave a very slurred defense to his fleeing and eluding. Prockett began speaking in a slurred speech, claiming that he was an owl. He also asked officers if they caught the guy who was driving his vehicle, even as he started climbing higher up the tree. When police pointed out that there was only one set of footprints in the snow, the man changed stories and claimed that he was carried by the mysterious driver. Per the police report, the suspect then "continued speaking about what a good guy he was and rambling on about being an owl in a tree. "He continually refused commands to climb down and instead climbed even higher, shaking the branches and saying, 'Look it's snowing.'" Police on the scene received new information that the suspects daughter was riding with him during the accident. The drunken man did not calm their fears, rather he admitted having a daughter but gave false information as to where she was. Police eventually had to call in the fire department to "rescue" the tree climber as well as cut down tree branches. Police also used a thermal imaging unit in an attempt to search for the girl, only to later learn that she was safe. This was not Procketts' first brush with the law. The man admitted running from the police because this was his third DUI. As of this writing, the man had made bail and was released.

Man Going 107 MPH Arrested for 3rd DUI Offense

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Man Driving 107 MPH through Kershaw County Arrested on 3rd DUI Offense A man, who reportedly had two prior DUI convictions already, was arrested on Friday, January 31st, for driving 107 mph under the influence of alcohol, a 3rd DUI offense. According to officers at the Kershaw County Sheriff’s Office, Matthew Christopher Temples, 25, from Newberry, was […]The post Man Going 107 MPH Arrested for 3rd DUI Offense appeared first on South Carolina DUI Defense Lawyers | Strom Law Firm, L.L.C..

Search Warrants for Meth Labs

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I’ve had several questions lately concerning search warrants for meth labs. The basic issue is whether officers who find hazardous chemicals and other dangerous items may destroy them right away, before the defendant has a chance to examine and test them. Related questions include whether a judge has the power to authorize such destruction when […]

Girl Scout Troop Leader is Accused of Embezzling

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Menifee - A recent arrest has sent shockwaves throughout the community. Michelle Marie Villa, a Girl Scout troop leader, is believed to have embezzled thousands of dollars from the troop's fund. Villa used more than $5,000 of the misappropriated funds in order to purchase a wide variety of personal items, including a new computer.

Leaders of Real Estate Ponzi Scheme Arrested by FBI

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Michael Stewart, 66, Phoenix, Arizona, and John Packard, 63, Long Beach, California, the owners of a now-defunct Southern California real estate investment firm were arrested for allegedly perpetrating a Ponzi scheme that ended with the bankruptcy of their company and caused private investors and banks collectively to lose well over $110 million when the scheme […]

Hartford Couple Face Drug Charges Following Seizure of 105 Grams of Marijuana

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On Wednesday February 5, police discovered 105 grams of marijuana upon searching a Hartford couple's home. The two individuals, who were not named, include a 20-year-old female and a 21-year-old male, according to news reports at Mlive.com. Investigators claim that a toddler was present at the residence as well. Authorities received a tip that marijuana was being sold from the home. Hartford city police obtained a search warrant which was executed at approximately 9:30 a.m. at the residence located on Austin Street. The Van Buren County Sheriff's Office narcotics unit then began an investigation and seized approximately 3.5 ounces of marijuana, along with smoking paraphernalia, a digital scale, and packaging supplies. The two occupants of the home were not arrested at the time, but are facing charges of maintaining a drug house. Once the investigation is complete the details will be forwarded to prosecutors who will review charges of maintaining a drug house and possession with intent to deliver marijuana. In addition, the case will be sent to CPS (Child Protective Services) so that the agency can investigate the circumstances of a one-year-old child living at a home where drug activity is allegedly taking place. Maintaining a drug house and marijuana possession with intent to sell or deliver are both very serious charges in the state of Michigan. Even those who are convicted of possessing less than 5 kg of marijuana will face up to four years in prison and fines of as much as $20,000. While individuals may or may not face prison time of up to two years for maintaining a drug house, he or she may still be ordered to pay a civil fine of up to $25,000 if penalized by the state.

Oakland County Teens Face Sexual Assault Charges in Connection with Video of Minor

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Three Oakland County teens were recently charged with sexually assaulting a 15-year-old Clawson High School girl after they allegedly used a cell phone to capture sex acts between themselves and the victim, according to news reports. The Macomb Daily identified the three teenagers as 17-year-old Travion Watkins and 18-year-old Terry Watts of Pontiac, and 17-year-old Kheimoni Slaton of Clawson. The defendants allegedly engaged in sexual intercourse and fellatio with the minor student in October of 2013. New reports indicate that all three of the suspects attended Clawson High School when the alleged sexual assaults occurred. According to police, Watts' cell phone was used to record the sex acts, which were then shown to other students at the school. One of the defendants attempted to erase the video from the cell phone once it was learned that school officials had been notified of the assault, however the Oakland County Sheriff's Department retrieved it. The three teens have each been charged with three counts of third-degree criminal sexual conduct. Troy District Judge Kirsten Nielsen-Hartig set bond at $50,000, 10% for each of the defendants, who remained in jail pending a preliminary exam. If the teenagers are found guilty of third-degree CSC, each could face a maximum of 15 years in prison. Third-degree criminal sexual conduct is a felony offense in Michigan, and involves penetration. Considering the ages of the defendants, each will be in his 30s before regaining freedom if convicted. While it is likely the defendants had no idea of the harsh punishment they would face if caught, it is still a crime even when an alleged victim cooperates if that person is younger than 16 years old.

Texas Executes

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Texas conducted its second execution of 2014, last night in Huntsville. It was the 510th post-Furman Texas execution since 1982. Texas is responsible for more than 37% of the nation's post-Furman executions. "Woman executed in Texas for 1998 torture killing,"...

What’s My Marital Status for Tax Filing After a Divorce?

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It’s everyone’s favorite time of year… tax time.  If you have recently gone through a divorce, it may be unclear as to how that will affect your tax filing this year.  Your marital status for tax purposes is determined based on the last day of the year—December 31.  If you were divorced as of December […]The post What’s My Marital Status for Tax Filing After a Divorce? appeared first on .

Thomas Fischer über Täter, die sich für Opfer halten

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Thomas Fischer ist Vorsitzender Richter des 2. Strafsenats am Bundesgerichtshof in Karlsruhe. In dieser Position sollte er sich eigentlich politisch in Zurückhaltung üben – aber das liegt ihm nicht. Für die aktuelle Ausgabe der „Zeit“ hat er einen großartigen Artikel verfasst über „Täter, die sich für Opfer halten“1 – und jeden Satz ähnlich scharf formuliert […]Original: Thomas Fischer über Täter, die sich für Opfer halten

CA1: Getting SW for car doesn't mean officers had doubts about PC

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Defendant was stopped based on a CI’s providing police an exemplar of counterfeit money that he said came from defendant. While the CI later proved to be “eccentric” the information was sufficiently corroborated and believable to stop defendant. The police ultimately got a search warrant for the car, but that didn’t mean they had doubts about the PC for the search. The automobile exception would have applied. United States v. Silva, 2014 U.S. App. LEXIS 2201 (1st Cir. February 5, 2014): => Read more!

Schapelle Corby Granted Parole

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Update 1:50 a.m: Schapelle Corby has been granted parole. She could be released at any time -- as soon as the prison receives written confirmation. It most likely will be Monday. More here. Here's a live video of the press conference with... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Geschäftsführer kommt im Untreue-Prozess mit Bewährung davon

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Der langjährige Geschäftsführer der Elterninitiative Lebenshilfe für behinderte Menschen war wegen Untreue in mindestens 194 Fällen angeklagt. Er soll 170.000 Euro unrechtmäßig in die eigene Tasche gewirtschaftet haben. Die Gelder waren ursprünglich für die behinderten Menschen vorgesehen und kamen zum Teil aus Spenden. Der Angeklagte soll damit sein Leben finanziert haben. Der Vorstandvorsitzenden fiel . . . → Read More: Geschäftsführer kommt im Untreue-Prozess mit Bewährung davonÄhnliche Beiträge:Untreue-Verdacht: Staatsanwaltschaft erhebt Anklage gegen…Untreue: Notar veruntreute 3,7 Millionen EuroNürburgring-Prozess zieht sich möglicherweise in die…Insolvenzverschleppung: Anklage erhobenFreispruch für Klinikapotheker vom Vorwurf des Betrugs und…

Neutralität von Gerichtsgutachten ist mehr als gefährdet

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Im Deutschen Ärzteblatt 2014; A-210 wurden erste Ergebnisse einer Studie veröffentlicht, die aufhorchen lässt. Der von Prof. Dr. Ursula Gresser (Twitter) und Benedikt Jordan verfasste Artikel widmet sich einer Befragung von gerichtlichen Sachverständigen und deren Neutralität. Grundsätzlich sollten Sachverständige ihre Gutachten unbeeinflusst und neutral erstellen. Dass dies bei Weitem nicht immer so ist, wird allgemein vermutet […]Original: Neutralität von Gerichtsgutachten ist mehr als gefährdet

Are Inheritance Taxes Special?

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Luc Arrondel & André Masson, Taxing more (large) family bequests: why, when, where?, (2013), available at HAL-SHS.Kerry RyanAs I write this review, I am blatantly aware of the maxim “we like what we know.” I like Luc Arrondel and André Masson’s (A&M) working paper (lots) because it touches on themes I have previously written about (the clash between family autonomy and equality of opportunity as the central normative tension underlying the federal wealth transfer taxes) or enjoyed in other legal scholars’ [...]

Del City Police Captain Sentenced to 4 Years in Manslaughter Case

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Despite a defense attorney’s assertion that his client should serve probation only, a judge sentenced a former Oklahoma police captain to four years in prison. Former Del City Police Captain Randy Trent Harrison was convicted in November of first degree manslaughter after he fatally shot an unarmed suspect in the back as he fled. Harrison’s […]

VA: Privacy settings on P2P software create no privacy interest; computer was open to the world

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By installing a P2P program on his computer and leaving it on, defendant opened his computer files to the world and waived any reasonable expectation of privacy in his computer. Relying on software settings that don’t work for privacy is inadequate. Rideout v. Commonwealth, 2014 Va. App. LEXIS 22 (February 4, 2014): => Read more!

FL4: A general motion to suppress a search raises nothing

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A general motion to suppress a search doesn’t raise anything and didn’t put state on notice. State v. Christmas, 2014 Fla. App. LEXIS 1455 (Fla. 4th DCA February 5, 2014): => Read more!

Ohio prison officials now struggling with array of death penalty administration issues

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This new Columbus Dispatch article, headlined "Execution legal issues put prisons in quandary," has me really feeling badly for the various well-meaning state government workers in Ohio who now have a unique set of unique challenges in discharging Ohio's capital...

W.D.Tex.: RS allowed BP to chase down a car that already passed checkpoint

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At a border checkpoint, a Lexus was allowed to pass. A pickup was next with the same story and 11 people laying down in the back covered up. The story from the Lexus was similar to the one of the driver of the pickup, and that with other factors was reasonable suspicion under Brignoni-Ponce for a stop. United States v. Salazar, 2014 U.S. Dist. LEXIS 13944 (W.D. Tex. February 3, 2014).* Considering the “great deference” given search warrants, the court finds probable cause for the search warrant and, in any event, good faith for reliance on it. United States v. Mshihiri, 2013 U.S. Dist. LEXIS 184707 (D. Minn. December 20, 2013).* No evidence supported defendant’s claim that the CI was an agent of the police at the time of his private search of defendant’s backpack. Sweet v. State, 2014 Ind. App. LEXIS 47 (February 5, 2014).*
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