HuffPo: Amanda Jo Stephen, Jaywalking Suspect, Handcuffed And Thrown To Ground By Cops (RAW VIDEO)
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People v. Carmack
People v. Carmack Court Discusses the Prejudicial Effect of Cross-examination by the Prosecution The defendant was charged with criminally selling heroin to an undercover agent. The defendant was arrested after he was observed by two police officers from a distance...
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"The State’s Victim: Should the State Grant Rights and Privileges to the Families of Death Row Defendants?"
The title of this post is the title of this notable student note by Michelle Tomes now available via SSRN. Here is the abstract: This Article argues that the friends and family of the person condemned to death are victims...
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Violence in the Heartland, Part IV–The Biggest Losers (and Gainers)
Among the eleven biggest Midwestern cities, Chicago has experienced the largest drop in homicide rates over the past quarter-century, while Cincinnati has experienced the largest increase. The other nine cities are scattered between the biggest loser and the biggest gainer, reflecting a range of markedly different urban experiences with lethal violence since the mid-1980s. This […]
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#SochiFail: The Legacy of Russia’s Olympic Games Won’t Be What Putin Wants It To Be
Russia’s repression continued unabated throughout the Games, and the Olympic movement failed to challenge the host country on its pledge to promote human rights.
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The drugs were within his immediate control
A New York Criminal Lawyer said that, the evidence presented herein, when viewed, as it must be, in the light most favorable to the prosecution, was legally sufficient to enable the members of the jury to have determined that the...
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Whistleblower Lawsuit Leads to $5.25 Million Settlement With Medical Device Company EndoGastric
Copyrighted Material by The Pate Law FirmThe Department of Justice (DOJ) has announced a settlement with EndoGastric Solutions Inc., a manufacturer of medical devices, resolving allegations that it violated the False Claims Act and Anti-Kickback Statute. The company will...Read More »The Pate Law Firm LLC
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Whistleblower Helps DOJ Claim $6.5 Million Settlement Against Navy Contractor
Copyrighted Material by The Pate Law FirmThe Department of Justice (DOJ) has announced a $6.5 million settlement to resolve allegations that Vector Planning and Services Inc. (VPSI), a government contractor, made claims for inflated payment sums for contracts with...Read More »The Pate Law Firm LLC
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Indy Channel: IU professor, ACLU suing customs officials over alleged 4th Amendment violations at Indy airport
Indy Channel: IU professor, ACLU suing customs officials over alleged 4th Amendment violations at Indy airport by Drew Smith. A Greek professor flew to Indianapolis for a week on a professional trip. When the IU professor went with him to Customs to pick up a computer and things he'd shipped in advance of the trip, the IU professor was detained for hours with highly personal questions, and the questioners let it slip they'd read her emails.
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Politico: FAA risks losing drone war
Politico: FAA risks losing drone war by Kevin Robillard:
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Warrantless GPS Tracking - Police, Technology and Your Legal Rights
Nearly two years ago, the U.S. Supreme Court ruled that law enforcement’s installation and use of a Global Positioning System (GPS) tracking device is a “search” generally subject to the Fourth Amendment’s warrant requirement.
But a federal appeals court recently decided that the failure of police to obtain a search warrant did not prevent the use of evidence obtained from the GPS tracking of a Ford Expedition used in the commission of several South Florida robberies.
While the courts decide the precise rules regarding GPS tracking, understand that our Fort Lauderdale criminal defense lawyer has the experience to challenge the legality of every form of electronic surveillance used by law enforcement.
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Police DWI-DUI Blotter: Morris and Bergen County Cops Make Multiple Drunk Driving Arrests
With hundreds of drivers pulled over by police every week all across the Garden State -- for all manner of traffic and vehicle infractions -- it is not unexpected that a certain percentage of these police stops will result in arrests for any number of more serious offenses. Drunken driving, CDS possession, impaired vehicle operation due to drug use, and underage drinking and driving are just a few of the common reasons why a fair number of New Jersey motorists find themselves served with summonses for traffic-related offenses.
How many of these individuals actually avoid a guilty verdict and, by doing so, side-step the potentially expensive fines, fees and statutory assessments? That often depends on the strength of the evidence, but the number would surprise many people. Certainly, the first step is to consult a qualified drunk driving defense attorney to learn what options are available to the particular motorist accused of such an offense. As New Jersey DWI-DUI defense lawyers, my colleagues and I are experienced in providing an aggressive defense for many people arrested for drunk or impaired vehicle operation.
When looking to understand the typical kinds of police traffic stops, it is instructive to look at police blotter reports in local newspapers and online media sources. The law of averages suggests that the average DWI offense involves some of the most simple and seemingly innocuous driving infractions as a starting point for a roadside traffic stop. But even the most basic of traffic offenses can eventually develop into a full-blown drunk driving arrest.
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CA9: ADA applies to arrests of the mentally ill (noting circuit split)
Noting a circuit split, the Americans With Disability Act applies to arrests. Plaintiff stated a claim. Remanded for further proceedings, and likely trial. Sheehan v. City & County of San Francisco, 2014 U.S. App. LEXIS 3321 (9th Cir. February 21, 2014). Summary by the Court:
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CA2: Bailey on remand: Terry violated, but harmless
The Second Circuit on remand of Bailey v. United States, 133 S. Ct. 1031 (2013), finds admission of the illegally seized evidence harmless. United States v. Bailey, 2014 U.S. App. LEXIS 3320 (2d Cir. February 21, 2014):
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CA2 remands NYPD stop-and-frisk for settlement discussions
Ligon v. City of New York, 13‐3123‐cv, 13‐3088‐cv, 13‐3461‐cv (2d Cir. February 21, 2014):
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On the Ground in the Central African Republic
And then, we found her. Crouching in the corner of an abandoned house, a girl about 11 years old had survived it all.
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NACDL brings FOIA lawsuit against DOJ for access to criminal discovery guide
The alphabet suit title for this post concerning this story reported here by Legal Times under the headline "Criminal Defense Group Sues DOJ Over 'Discovery Blue Book'." Here are the details: The National Association of Criminal Defense Lawyers [Friday] sued...
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Is arrest of Mexican drug lord "a monumental moment in the world's war on drugs"?
The question in the title of this post is drawn from the first sentence of this CNN report headlined "3 reasons why 'El Chapo' arrest matters." Here are excerpts: The arrest of drug kingpin Joaquin "El Chapo" Guzman is a...
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"Shadow Sentencing: The Imposition of Supervised Release"
The title of this post is the headline of this notable new paper by Christine S. Scott-Hayward concerning a too-rarely examined component of the federal criminal justice system. Now available via SSRN, here is the abstract: More than 95 percent...
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SPOILATION: The Case Of The Missing Larynx
In the criminal law context, spoliation is the loss or destruction of evidence that either supports the prosecution’s theory of the case or tends to negate the guilt of the… read more →
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