Kyle SmithOriginal Article
How ironic. He is the one who has been going after ex-offenders in his state, now he is one, or may be.
02/13/2014
TOPEKA - A former Kansas Bureau of Investigation...
[[ This is a content summary only. Visit my website for full links, other content, and more! ]]
KS - Former KBI deputy director (Kyle Smith) charged with sexual exploitation of a child
↧
↧
How does the Tampa Police Department Make $500.00 when a vehicle is impounded (even if proven not guilty)?
How does the Tampa Police Department Make $500.00 when a vehicle is impounded?How does the Tampa Police Department Make $500.00 when a vehicle is impounded?Here is the latest shakedown by our police department. The cops pull someone over and bust them for these misdemeanors and tell the impound yard that in addition to the towing fee, the owner must pay $500.00. How and Why?(b) It shall be a violation of this section and a motor vehicle shall be subject to impoundment whenever the vehicle:(1) Was used or intended to be used to facilitate the commission or attempted commission of an act of prostitution or lewdness as those terms are defined in F.S. § 796.07; or(2) Was used, intended, or attempted to be used to facilitate the commission or attempted commission of any misdemeanor violation of F.S. Ch. 893 [ Florida's Marijuana, Cannabis, and Drug Law ]; by any owner or co-owner of said vehicle or by any other person utilizing or occupying said vehicle with the express or implied consent of any owner or co-owner.Can they get the fee even if the case is not proven beyond a reasonable doubt? Yes. Even if the city cannot prove the owner is guilty beyond a reasonable doubt they still can collect because their code says:(5) Violation of this section is a civil, not criminal, offense. In any action arising from the impoundment of a motor vehicle pursuant to this section, the court shall determine whether the city has established by clear and convincing evidence that a violation of subsection (b) has occurred.Source: § 14-30 TAMPA CODEStop Worrying about Drugs. The Call is Free, the Relief can be valuable. 1-877-793-9290 .
↧
"More on the reasoning of the Ninth Circuit’s right-to-carry-a-gun opinion"
Eugene Volokh has this post at The Volokh Conspiracy, arguing that at state might be able to forbid open carrying or concealed carrying, but not both.
↧
Florida Kills Child Rapist and Murderer of Jimmy Ryce
Executed Over 18 Years Later Juan Carlos Chavez was executed February 12, 2014, by the Florida Department of Corrections. He was convicted in the fall of 1998 for the kidnapping, capital sexual battery and first degree murder of nine year old, Samuel James “Jimmy” Ryce. In the fall of 1995, Chavez, by his own admission […]
↧
CALIFORNIA DUI DEFENSE: A DIET COCKTAIL MIGHT LAND THE LADIES IN JAIL FOR A #DUI
CALIFORNIA WOMEN'S DUI DEFENSE NEWS:
Having A “Diet Cocktail” on your girls’ night out may be a good way to cut calories, but the unknown consequences can be earth shattering if you’re driving later on.
Women who consumer an alcoholic drink with a sugar free artificial sweetened mixer may cut calories, but it will also cause blood alcohol levels to spike unusually high, according to a recent study.
The problem, Australian researchers found, is that drinks made with "diet" mixers pass through the stomach more rapidly and, therefore, make blood alcohol levels spike particularly high.
The findings, published in the American Journal of Medicine, are based on an experiment with eight healthy young men. The volunteers had their blood alcohol levels measured repeatedly in each of two conditions: once after having a vodka beverage made with a sugary mixer, and once after drinking the same amount of vodka with an artificially sweetened mixer. The researchers also used ultrasound tests to measure each volunteer’s rate of stomach emptying after having the drink.
They found that with the diet mixer, the men’s stomachs emptied about 15 minutes sooner than when they drank the regular mixer, and that blood alcohol levels peaked at around the same time - 30 minutes after having the drink - regardless of which mixer was used. The difference, however, was that alcohol levels surged higher with the low-calorie mixer (to 0.05 percent, on average, versus 0.03 percent with the naturally sweetened mixer).
In some jurisdictions, this would mean the difference between driving legally and driving drunk, according to the study authors, led by Dr. Christopher K. Rayner of Royal Adelaide Hospital.
The difference in peak blood alcohol levels was "striking," the researchers write, and it shows that a drink's alcohol content isn't the only factor people should consider.
In general, women's blood alcohol levels soar higher than men's after drinking the same amount alcohol. And women may be particularly drawn to diet mixers in order to cut calories, the researchers note.
↧
↧
"Is possession of child pornography a crime worthy of years in prison?"
Doug Berman at Sentencing Law & Policy excerpts an article expressing doubt. In part: When the Supreme Court upheld bans on possession of child pornography in 1989, its main rationale was that demand for this material encourages its production, which...
↧
Child porn suspect arrested after tip from Google in court
↧
Santa Ana Murder Case Closed with Death Sentense
Santa Ana - One of the most shocking murder cases in recent years has come to a close. Jason Michael Balcom, who has been accused of raping and killing a pregnant Costa Mesa woman, Malinda Godfrey Gibbons, in 1988, was...
↧
MD - Bill seeks to close sexual-abuse loophole
Original Article
02/17/2014
In 2012, Montgomery County police arrested a 47-year-old teacher on charges he engaged in sex with students - but he wasn't prosecuted.
Under Maryland law, because the...
[[ This is a content summary only. Visit my website for full links, other content, and more! ]]
↧
↧
Organizing Against Sex Offenders
↧
Cocaine-related Criminal Offense in San Diego: What Is the Punishment for Possession/Sale/Trafficking Cocaine?
Since the 1970s the United States has waged a “War on Drugs” in an attempt to stem the flow of illegal drugs into the U.S. As a result of the War on Drugs most states, including California, have passed tougher laws relating to the possession, sale, or trafficking in controlled ...The post Cocaine-related Criminal Offense in San Diego: What Is the Punishment for Possession/Sale/Trafficking Cocaine? appeared first on Law Office of Domenic J. Lombardo.
↧
SNLs Chris Kattan Arrested for Drunk Driving
Celebrities who get pulled over and charged with DUI are often targets of the media. In a recent celebrity-DUI case, former Saturday Night Live star Chris Kattan was arrested and charged with driving under the influence in California. While his arrest is making headlines, the case also reminds us that anyone can get arrested, anyone can face harsh DUI penalties, and everyone needs defense. In any case involving DUI allegations, a driver should consult with experienced legal help as soon as possible.
Any driver pulled over and suspected of DUI may be asked to take a breathalyzer test or perform a field sobriety test. Remember that even before you are pulled over, law enforcement officers will be collecting evidence to be used against you in court. Our DUI defense attorneys in Birmingham are committed to protecting the rights of our clients. We take an informed and strategic approach to minimize charges and penalties in every case. In addition to our leading defense strategies, we are also abreast and informed of developments in DUI law in Alabama and nationwide.
↧
'Sex offenders and the Farm Bill'
Somehow I'd missed this must-read post (Feb. 7) from the Austin Statesman's Eric Dexheimer about new prohibitions in the federal Farm Bill on sex offenders receiving food stamps, framing the issue with a discussion of a registered sex-offender in Austin seeking licensure as a plumber's assistant. Wrote Dexheimer:Over the years, government aid programs have banned certain convicted criminals from receiving taxpayer assistance. Convicted drug felons have been prevented from receiving food stamps for nearly 20 years. (Some states have opted out of the restriction; Texas has not.) Same with felons on the lam. And some federal housing programs limit where sex offenders can live.Agree with them or not, there is a public good argument to be made for each. Drug addicts could use their food stamps to buy drugs. Placing sex offenders in public housing might place other tenants at risk. Extending government aid to wanted criminals could delay their apprehension.The new restrictions in the Farm Bill, signed by Pres. Obama on Friday, are still being parsed; a spokeswoman for the U.S. Department of Agriculture said the agency is scrambling to figure out which offenders would be excluded from food aid. But at least on the surface, the prohibitions appear to be a departure from the public safety rationale, and more directly punative. (Ironically, due to existing prohibitions on where they live and what work they can find, sex offenders are more likely to find themselves in need of assistance.)For those in favor of perpetual punishment for sex offenders, it is undeniably true that many will always be terrible people unworthy of any assistance. Yet, as Jason C.'s case against the plumbing board demonstrates, not all of them are.
↧
↧
I got Caught Shoplifting. What can I do to get it off my Record?
First of all, if you’re simply charged or alleged to have shoplifted it is not on your record yet necessarily. In the United States you are presumed innocent until you’re found guilty beyond a reasonable doubt. So you certainly have a chance to have your day in court and see if the Commonwealth can prove […]
↧
Case Update
↧
Not “Just the Facts”: Art, Rape Survival, and Imagining Law Reform
Yxta Maya Murray, Rape Trauma, The State, and the Art of Tracey Emin, 100 Cal. L. Rev. 1631 (2012).Jonathan SimonDespite reforms in the elements and evidentiary rules concerning rape and sexual assault crimes, successful prosecutions often face more practical narrative problems in convincing the jury of the credibility of complainants when the timing and manner of their accusation falls outside of how jurors may imagine the normal rape survivor would present herself to authorities. The proper place of psychiatric [...]
↧
Alcohol Is A Central Nervous System Depressant
Alcohol is classified as a Central Nervous System Depressant for its effects on the human body. It is listed as such for purposes of DUI investigations in the 2013 National Highway Traffic Safety Administration (hereinafter NHTSA) “DWI Detection and Standardized Field Sobriety Testing” Participant Guide. See NHTSA, HS 178 R5/13. CNS Depressant type drugs (see below) slow down the operations of the brain, and usually depress the heartbeat, respiration, and many other processes controlled by the brain. The most familiar [Read the full post. . .]
↧
↧
HI: State constitution protects third party information; “This rule is untenable in a technological age ...”
The Hawai’i Supreme Court finds the state constitution protects against disclosure of third party information without a search warrant: "This rule [Miller and Smith] is untenable in a technological age where in the ordinary course of life, individuals will of necessity have disclosed a boundless amount of information to third parties." The court also quoted Sotomayor's concurrence in Jones with approval:
More recently, it has been explained that the approach used in Miller and Smith, and previously adopted by this court in Klattenhoff, "is ill suited to the digital age, in which people reveal a great deal of information about themselves to third parties in the course of carrying out mundane tasks." United States v. Jones, 132 S. Ct. 945, 957 (Sotomayor, J., concurring). As declared by Justice Sotomayor, "[p]eople disclose the phone numbers that they dial or text to their cellular providers; the URLs that they visit and the e-mail addresses with which they correspond to their Internet service providers; and the books, groceries, and medications they purchase to online retailers." Id.
But, it was ultimately harmless error on the question of guilt because of the wealth of other information putting Walton at the scene. Here, two men robbed a cab driver and stabbed him. Left behind in the cab was a backpack with a GNC card that was traced to Walton. The backpack itself was searched with a warrant despite being left behind in the cab. There was no warrant for information from GNC, but it was arguable that the search warrant allowed that too. State v. Walton, 2014 Haw. LEXIS 79 (February 14, 2014). This is three of five members of the court, starting at page 60 of the .pdf file:
=> Read more!
↧
Hearsay Exceptions: Recorded Recollection
In a series of blog posts, I’ve been tackling the most common hearsay exceptions. This post focuses on the Rule 803(5) exception for recorded recollections. N.C. Rule 803(5) contains a hearsay exception for “[a] memorandum or record concerning a matter about which a witness once had knowledge but now has insufficient recollection to enable him […]
↧
Hit and Run Epidemic in San Diego
While perusing the recent news in San Diego, it appeared that there had been what we thought were a surprising number of hit and run accidents described in the various stories in our area. It can be argued that the … Continue reading →The post Hit and Run Epidemic in San Diego appeared first on .
↧
More Pages to Explore .....
