A DUI in Ohio has mandatory minimum fines, meaning they could be more but will not be less than the minimum. First offense minimum: $375. Second offense minimum: $525. Third offense minimum: $850. If you or a family member has been arrested, why not pick up the phone and talk to an experienced criminal lawyer […]
What Kind Of Fine Will I Get For A DUI First Offense, Second Offense, Or Third Offense?
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When Are You Not Eligible To Get Driving Privileges After A DUI?
When you are arrested for DUI, the officer will take your license and it will be immediately suspended. There will then be a time in which you will not be allowed any type of driving privileges. This is usually referred to as “hard time.” This hard time can be anywhere from 15 days up to […]
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Can The State Of Ohio Take My Car If I Am Convicted Of A DUI?
On a first offense DUI, the answer is no. On a second offense DUI, the State cannot take your vehicle but they are required to immobilize the vehicle (meaning you have it but cannot drive it) for a period of 90 days. On a third offense DUI, and any other later offense, the State is […]
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How Does A Domestic Violence Conviction Impact My Second Amendment Rights?
Laws related to domestic violence crimes have evolved in unexpected ways over the last two decades or so. At the state level, New York has adopted strict policies related to automatic arrests and the issuance of orders of protection in cases where domestic violence is suspected. Federally, the United States Congress passed a ban on […]
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CT Law Tribune: Gideon: Cellphones And The Fourth Amendment
CT Law Tribune: Gideon: Cellphones And The Fourth Amendment
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BLT: Franken Introduces Bill on Smartphone, Internet Privacy
BLT: Franken Introduces Bill on Smartphone, Internet Privacy by Andrew Ramonas:
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"What’s the Best Way to Execute Someone?"
The title of this post is the headline of this lengthy new Slate commentary. Here is an excerpt: Without an expert in the room, states often rely on executioners who don’t really know what they’re doing. As one anesthesiologist told...
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IA - Sex Offenders No More? Iowa Reconsiders Tough Law on HIV Exposure
Leslie FlaggsOriginal Article
03/29/2014
By MIRANDA LEITSINGER
In 2006, a few years after Leslie Flaggs learned she had contracted HIV, she made a new friend at her church in Sioux City, Iowa. As her relationship with the man turned from Bible study to intimacy, Flaggs said, she revealed to him that she had the disease.
But the man went to police in May 2007 and said she hadn’t disclosed her HIV status until after they’d slept together. Flaggs says that because she feared the man – who was...
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Next week's criminal law/procedure argument
Issue summary is from ScotusBlog, which also links to papers: Tuesday Loughrin v. U.S: Whether the government must prove that the defendant intended to defraud a bank and expose it to risk of loss in every prosecution under 18 U.S.C....
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What’s The Penalty For Criminal Possession of a Firearm in New York?
After the Sandy Hook shootings in 2012, New York’s lawmakers took steps designed to minimize the risk of similar incidents here. One of the changes that followed that tragic incident was to boost the penalty of carrying an unlicensed or unregistered firearm from a misdemeanor to a Class E Felony. Criminal Possession of a Firearm […]
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Selbstleseverfahren, Band 50
Und ab dieser Woche neu und hoffentlich ab jetzt regelmäßig:
Original: Selbstleseverfahren, Band 50
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PUT ME IN COACH
"Just to hit the ball and touch em all..."Site Feed
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The Disturbing Rubric Of The Dignity Rationale
In a New York Times op-ed. Yale lawprof Bruce Ackerman argues that “dignity is a constitutional principle.” It’s a provocative stand-alone notion, as it’s hard to argue against the notion of “dignity.” Which is also why arguments so artfully phrased are so dangerous. What is dignity? The dictionary definition says it’s “the state or quality of […]
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ME: Comment that def’s refusal to submit to DNA testing was consciousness of guilt was plain error
State’s comment that defendant’s refusal to submit to DNA testing was consciousness of guilt was plain error. State v. Glover, 2014 ME 49, 2014 Me. LEXIS 51 (March 27, 2014):
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The Missing Video Presumption
Radley Balko at WaPo provides us with yet another tale of monumental and pointless harm at the hands of a cop whose need for mindless control exceeded anything resembling human thought. Police critic Will Grigg stitches together a series of news stories to construct an infuriating narrative from Utah. When Mark Byrge had a minor […]
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N.D.Cal.: Spending the night as a guest two days ago doesn’t give standing on the day of the search
Spending the night as a guest two days ago doesn’t give standing on the day of the search. Defendant left stuff there. United States v. Arzate, 2014 U.S. Dist. LEXIS 40482 (N.D. Ga. March 11, 2014):
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E.D.Pa.: Even though there was no hot pursuit, there was still exigency for warrantless entry
Officers can have exigency without hot pursuit. The Dorman analysis still prevails, and exigency supported the entry. United States v. Anderson, 2014 U.S. Dist. LEXIS 41773 (E.D. Pa. March 27, 2014):
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E.D.Cal.: Officer could enter woodlands property down def's road
Defendant was suspected of illegal firewood cutting in a National Park. A Forest Service officer entered defendant’s property down the driveway or road, and the entry was legal. Defendant ordered the defendant off his property (“Get the fuck out of here, you better leave, you fucking punk”) calling him a firewood Nazi. The observations were lawful, and defendant kept talking and his statements are admissible. United States v. Jackson, 2014 U.S. Dist. LEXIS 40331 (E.D. Cal. March 25, 2014).*
Plaintiff’s § 1983 civil case fails because his wife consented to the search at issue. Braskett v. Fender, 2014 U.S. App. LEXIS 5805 (9th Cir. March 28, 2014).*
Defendant was stopped because his GPS was placed obstructing vision. The officer then smelled marijuana and air freshener, and defendant was getting extremely nervous. Those and other factors were reasonable suspicion. United States v. $102,836.00 in United States Currency, 2014 U.S. Dist. LEXIS 40286 (D. Nev. March 25, 2014).*
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D.Utah: Vehicle impoundment and inventory was reasonable; officer didn't have to leave it parked where it was
Defendant was sleeping in his SUV behind a business. In the SUV were his dog and a lot of his stuff. He gave a false name to the officers then ID’d himself. They found an outstanding felony warrant on him and arrested him. The impoundment was proper under police department policy because the owner of the property where it was parked already complained about its presence so it shouldn’t have been left there. “It was reasonable for the officers not to follow up on the defendant's request to contact a third party. In light of the fact that defendant was living in this car in the back of a building where he had no permission to be, it would seem unlikely to the officers that defendant would have someone who would be willing to take all this property. [¶] Balancing the interests of the landowner and of Mr. Walton and his property, the impoundment was justified.” United States v. Walton, 2014 U.S. Dist. LEXIS 41380 (D. Utah March 25, 2014).*
Police and EMS responded to a stabbing call and found the door open. They followed a blood trail upstairs. They knocked on a bedroom door and talked to people inside who knew nothing of the stabbing. In plain view were drugs and paraphernalia. Defendant was a guest sleeping on a mattress downstairs, and that was the extent of his standing, around the mattress at best. However, the entry was lawful under the emergency aid exception. United States v. Plaines, 2014 U.S. Dist. LEXIS 39963 (N.D. W.Va. March 5, 2014).*
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New Details Emerge On Adam Swartz Computer Fraud Prosecution
This week’s must read story is the Boston Globe’s investigation of MIT’s role in the prosecution of Adam Swartz. Swartz committed suicide instead of facing trial on multiple charges of violating the Computer Fraud and Abuse Act. He faced about Continue reading →
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