President Obama will introduce legislation to end the NSA's warrantless collection of bulk telephone records. Authority for the NSA's program expires Friday, unless renewed by the FISA Intelligence Court. According to senior administration...
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Obama to Propose Legislation Ending NSA Bulk Records Collection
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Oklahoma Changes LI Drug List
"Oklahoma Could Execute Inmates With Drug Combo That Left Man Gasping," is the AP report filed by Bailey Elise McBride, via HuffPost. Facing a shortage of its traditional execution drugs, Oklahoma has revised its procedures to include the same two-drug...
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Seeking special insights on Justice Sotomayor's sentencing jurisprudence
The request in the title of this post is my reaction to the new Yale Law Journal Forum posting providing here an online symposium titled "The Early Jurisprudence of Justice Sotomayor: Sonia Sotomayor's first five years on the Court." Disappointingly,...
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I was Wrongfully Ticketed for Improper Lane Usage, What can I do?
This type of question depends upon the type of lane charge you have, but you should immediately talk with a local traffic defense attorney, who can hopefully advise you of that possibility in a case like yours. If you have a case in the Fredericksburg area, please give me a call today or go ahead […]
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Great coverage of crack crimes and punishments via Al Jazeera America
I am pleased (and a bit overwhelmed) by this huge new series of stories, infographics, pictures, personal stories concerning crack crimes and punishment put together by Al Jazeera America. Here are links to just some parts of the series: Waiting...
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Pennsylvania University Researching Genetic Mugshots
In pop culture, mugshots are probably the ultimate hallmark of being arrested. There are countless photo essays and even entire websites dedicated to mugshots. Bad hair day mugshots; drug addicts deteriorating across mugshots; unflattering celebrity mugshots; glamorous celebrity mugshots; the list goes on. (A young Frank Sinatra’s famous pout, forever captured in posters and prints […]
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Kettering DUI First Offense: What To Expect
Kettering DUI? This article is designed to help you understand what to expect if you are charged with a DUI in the Kettering Municipal Court.
A first offense DUI is defined at O.R.C. 4511.19 as a DUI with no priors within 6 years. A first offense DUI can be charged in three ways. The first charge is caused by testing over the legal limit of .08% B.A.C. (example O.R.C. 4511.19(A)(1)(d)). These types of offenses are also referred to as “ [Read the full post. . .]
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E.D.Cal.: SW for "all computers" of a computer hacker was not general on these facts
The government developed substantial probable cause to believe defendant was involved in computer hacking in the district and elsewhere. When the search warrant issued, it was for all electronic equipment and media in his house, and the court finds it not too general, considering the fact the crime was computer hacking. Also, the warrant was not stale. It was logical to conclude the information would still be on defendant’s computers because he “was proud of his work” as a hacker. United States v. Keys, 2014 U.S. Dist. LEXIS 38584 (E.D. Cal. March 23, 2014):
=> Read more!
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OH6: Marijuana on the seat of an unattended running suspicious car was in plain view
Officers received an anonymous call about a specific suspicious car on a parking lot potential involved in drug trade. They didn’t see it then, but found it parked and unattended with the engine running nearby. An officer shined his flashlight inside and saw marijuana packaged for sale on the seat in plain view. The motion to suppress was properly denied. State v. McLaughlin, 2014-Ohio-1150, 2014 Ohio App. LEXIS 1084 (6th Dist. March 21, 2014).*
Defendant’s motion to reopen the suppression hearing to attempt to show alibi as a reason there was no probable cause to arrest is denied. That still doesn’t undermine the probable cause to arrest. United States v. Johnson, 2014 U.S. Dist. LEXIS 39152 (E.D. Ark. March 25, 2014),* R&R 2014 U.S. Dist. LEXIS 39149 (E.D. Ark. January 16, 2014).*
Defendant consented to a search of his bedroom that revealed multiple firearms. He pled. Then he filed a motion to withdraw the plea without disassociating himself from the guns. The motion was properly denied. State v. Douglas, 2014 Tenn. Crim. App. LEXIS 263 (March 25, 2014).*
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MA: Ammo in car and possession of a firearm ID card justified frisk for weapon on college campus
Defendant was suspected of possession of a firearm on a college campus when he approached officers looking at the ammunition in plain view in his car on a campus parking lot and he had an "aggressive posture." They asked if he was armed. “‘No, are you supposed to be asking me that question?’ As a result of the ammunition and the defendant's aggressive posture, the officer patted down the defendant for weapons. He found no weapons or contraband but found the defendant's firearm identification (FID) card in his wallet, indicating that he was allowed to carry ammunition. The officer placed the defendant's backpack on the lid of the cruiser's trunk and then advised the defendant of the Miranda rights. When the officer said he was going to place the defendant in the backseat of the cruiser while he patted down the bag, the defendant spontaneously said, ‘Wait, there's a loaded gun in the bag.’ The officer placed the defendant in the backseat, closed the door, and searched the backpack. He found a black Smith & Wesson 380 semiautomatic handgun loaded with eighteen bullets, an ankle-style holster, and two additional magazines. Officer Donovan seized the gun, magazines, and bullets and placed the defendant under arrest.” The actions of the officer were reasonable under the circumstances. Commonwealth v. Whitehead, 2014 Mass. App. LEXIS 32 (March 25, 2014).
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Read the Letter: What We Want President Obama to Do in Saudi Arabia
As an ally of the United States, Saudi Arabia has been spared the blunt criticisms U.S. officials make of other governments that commit serious human rights violations.
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Federal Drug Arrests Down, Attributable to Smart on Crime Initiative
We’ve been keeping tabs on the DOJ’s evolving policy on charging federal drug offenses (see past posts, here and here), and it appears that Attorney General Eric Holder is indeed keeping his promise of instituting charging policies that focus on high-level criminals as well as rehabilitation. As part of those “Smart on Crime” efforts, the […]
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TX10: “An outstanding arrest warrant may be executed by law enforcement officers at whatever time and place they choose.”
Defendant was stopped for an outstanding warrant. “An outstanding arrest warrant may be executed by law enforcement officers at whatever time and place they choose.” The inventory search was proper because the police did not have the obligation so seek out defendant’s father to come and claim the vehicle on the side of the road. Greer v. State, 2014 Tex. App. LEXIS 3192 (Tex. App. – Waco March 20, 2014).
The city’s rental property license ordinance provides for advance consent from obtaining a license and failure to admit leads to an administrative warrant. The process complies with the Fourth Amendment. Crook v. City of Madison, 2014 Miss. App. LEXIS 170 (March 25, 2014).
Two controlled buys out of defendant’s house is probable cause for a search warrant to search it. State v. Morris, 2014-Ohio-1177, 2014 Ohio App. LEXIS 1089 (7th Dist. March 20, 2014).*
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"Under Age, Under Arrest" Message Delivered to AL Campuses
Underage drinking is illegal. Underage drinking and driving can lead to even more serious charges, penalties, and a criminal record. For the thousands of college students who get caught underage drinking every year, a number of them will also be faced with a DUI. Now, the Alabama Alcoholic Beverage Control Board (ABC) is seeking to reduce the amount of underage drinking and binge drinking throughout the state. The public awareness campaign is intended to inform parents and teens about the potential health and legal consequences of getting caught drinking, or drinking and driving.
The ABC Board has traveled to Alabama colleges with the message, “Under Age, Under Arrest,” hoping to remind parents and teens that underage drinking and drinking and driving are taken seriously under the law. Our Birmingham drunk driving defense attorneys are dedicated to protecting the rights of individuals who have been charged with drinking and driving. We understand the serious nature of a drinking and driving offense and will take every necessary step to defeat the charges against you. For underage defendants, we will take additional measures to reduce the impact of a drinking and driving record that could limit opportunities to employment or education.
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Ohio State Highway Patrol Trooper Fired Following DUI Arrest
Last week, 35-year-old Jeremy Garner, a trooper with the Ohio State Highway Patrol, was fired following a February 16 incident in which he allegedly struck two parked vehicles while heavily intoxicated. Garner was a motorcycle officer and was terminated after an investigation was performed by the patrol for conduct unbecoming an officer, according to a […]
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SCOTUS Wednesday
Today, the US Supreme Court decided United States v. Castleman, No. 12-1371, a case involving the interpretation of the federal statute restricting gun ownership by a person convicted of "a misdemeanor crime of domestic violence," 18 U.S.C. §922(g)(9). The Court...
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Without much to say about the Second Amendment, SCOTUS gives broad reading to federal firearm possession crime
In a unanimous ruling (with two separate concurrences), the Supreme Court this morning interpreted broadly in US v. Castleman, No. 12–1371 (S. Ct. Mar. 26, 2014) (available here) the federal crime set forth in, 18 U.S.C. § 922(g)(9), prohibiting anyone...
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Six Kershaw County Businesses Busted for Underage Drinking
Six Clerks in Kershaw County Cited for Allowing Underage Drinking and Selling Alcohol to Minors Six clerks at businesses in Kershaw County were cited on Wednesday, March 19th, for selling alcohol to minors and thereby allowing underage drinking. The Kershaw County Sheriff’s Office undercover operation used underage volunteers, with their parents knowledge and consent, to […]
The post Six Kershaw County Businesses Busted for Underage Drinking appeared first on South Carolina DUI Defense Lawyers | Strom Law Firm, L.L.C..
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Taxpayers Should Be Wary of Phone Calls from the "IRS"
Taxpayers have lost more than $1 million this year in a scam where telephone callers are impersonating Internal Revenue Service officials. The impersonators are calling taxpayers and telling them they owe the IRS money and request payment via phone using a prepaid debit/credit card or wire transfer. If the caller balks at making the payment they are threatened with loss of driver's license, deportation, and/or imprisonment.
When calling, the scammers know the last four of the taxpayer's social security number and have a phone number that appears to be the IRS on a caller ID. In some cases they also follow up with taxpayers via official looking emails and call back claiming to be the police or the department of motor vehicles to further their ruse. Again, the caller ID supports the impersonator's assertions.
The IRS first warned of this scam in November 2013 and included it on its Dirty Dozen tax scam list for 2014. At first the scam seemed to be targeting new immigrants, but has since hit almost every state in the U.S.
The IRS wants taxpayers to know that its agents will not make these type of threats, or request bank card or bank information via phone. If you or someone you know gets a call like this and do NOT owe taxes to please call 800-366-4484; if you do owe taxes please call 800-829-1040. You may also check the IRS' website at www.irs.gov to view its current Dirty Dozen scam list.
Sources
http://www.forbes.com/sites/ashleaebeling/2014/03/21/if-the-irs-calls-hang-up/
http://money.cnn.com/2014/03/20/pf/taxes/irs-phone-scam/
www.irs.gov
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Closing Attorney Jailed for Using False Documents to Defraud Lenders
Amy Robinson, 36, Rolesville, North Carolina, a former attorney, was sentenced to 18 months’ imprisonment by Chief United States District Judge James C. Dever, III followed by three years of supervised release. The court further ordered Robinson to make restitution of $2,613,046.37 to various banks and other victims. The criminal information and other evidence showed that […]
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