IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 6 1540 Foote Dr. Idaho Falls, Idaho 83402-1828 (208) 525-7377 FAX: (208) 525-7294 For Immediate Release: September 1, 2014 2:30 p.m. Please direct questions to the District Office On Sunday September 1, 2014, at approximately 7:58 a.m., a single vehicle crash occurred on US Highway 20 at milepost 346, near St. Anthony. A 2015 Chevrolet Sonic, driven by Amberlyn Martinez, 26 of Chico, CA, was headed eastbound on US Highway 20, when she went off the road and traveled through the median launching off the median crossover and landing on its side in the westbound lanes. A 2003 Pontiac Grand Am, driven by Trevor Maupin, 25 of Chester, was struck by debris caused by Martinez's vehicle. Maupin was uninjured. Martinez and her 3 children; Dream, age 8, Marissa, age 2 and Honor,…
Crash near St Anthony Injures 4
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Crash near St Anthony Injures 4
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 6 1540 Foote Dr. Idaho Falls, Idaho 83402-1828 (208) 525-7377 FAX: (208) 525-7294 For Immediate Release: September 1, 2014 2:30 p.m. Please direct questions to the District Office On Monday, September 1, 2014, at approximately 7:58 a.m., a single vehicle crash occurred on US Highway 20 at milepost 346, near St. Anthony. A 2015 Chevrolet Sonic, driven by Amberlyn Martinez, 26 of Chico, CA, was headed eastbound on US Highway 20, when she went off the road and traveled through the median launching off the median crossover and landing on its side in the westbound lanes. A 2003 Pontiac Grand Am, driven by Trevor Maupin, 25 of Chester, was struck by debris caused by Martinez's vehicle. Maupin was uninjured. Martinez and her 3 children; Dream, age 8, Marissa, age 2 and Honor,…
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Case o' the Week: Bad Facts (Sometimes) Make Good Law - Nora and Fourth Amendment Suppression after Payton violations
Hon. Paul Watford Bad facts made bad law. Except when they don't. United States v. Nora, 2014 WL 4235955 (9thCir. Aug. 28, 2014), decision available here. Players: Decision by Judge Watford, joined by Judges Fletcher and M. Smith. Facts: Cops came up on Nora and two men on a sidewalk in Central L.A. Id. at *1. By the time the cops got out to speak to the men, Nora was on the porch of his house. As cops talked to them, Nora pushed past and went into the house. Id. Cops saw a handgun in Nora’s hand as he went by. Id. Twenty to thirty officers surrounded the house, a bullhorn and helicopter were used, Nora exited, and a pat-down search revealed marijuana and $1,000 in cash. Id. [Ed. note: Did it not occur to Nora to take the pot and cash out of his pockets, before walking out into the arms of thirty waiting cops?] Nora made incriminating statements. Id. at *2. The cops then got a warrant, searched the house, and…
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Order of Protection should not have been issued in this case ...cont
At the conclusion of the hearing, on August 4, 1988, this court orally ruled that the evidence supported the issuance of the initial TOP on June 24, 1988, and issued a new Temporary Order of Protection excluding defendant from only one of the two apartments owned by him jointly with his wife. Decision was reserved on all issues of law. The parties agreed that defendant's constitutional challenge to CPL 530.12 would also be treated as a motion to dismiss the added charge of Criminal Contempt in the Second Degree, P.L. 215.50(3). By an Order, without opinion, dated April 28, 1989, this Court withdrew its August 4, 1988 oral decision that there was on June 24, 1988 a sufficient basis for the issuance of a TOP; adhered to its decision to issue a new Temporary Order of Protection; denied defendant's motion to vacate the June 24, 1988 Temporary Order of Protection on constitutional grounds; and dismissed the charge of Criminal Contempt in the Second Degree, P.L. 215.50(3).…
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CPL § 200.70(2)(b) ...cont
Under the law, a person is guilty of computer trespass when he knowingly uses or causes to be used a computer or computer service without authorization and: 2. he thereby knowingly gains access to computer material. Comparison of the statute with the indictment shows that the statutory requirement, "he thereby knowingly gains access to computer material", is not supported by factual allegations in any of the computer trespass counts. Again, comparing the statute with the indictment, it appears that the statutory language, "and the computer utilized is equipped or programmed with any device or coding system, a function of which is to prevent the unauthorized use of said computer or computer system", is unsupported in the factual portions of the charges of unauthorized use of a computer. An indictment traditionally serves three purposes: the constitutionally based right of an accused to fair notice of the accusations made against him, the protection against…
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Man Attempts, Fails Robbery of Two Utah Businesses
Photo: Mike Mozart A man is being sought as a suspect for the attempted robbery of two separate businesses on Saturday, August 30. Both times, the man was easily dissuaded from his course of action and left with no money. Must Not Have Needed Money That Bad On Saturday morning, the suspect, a male described as approximately 5 feet 7 inches wearing a red University of Utah hoodie, entered a Subway restaurant in West Valley City. He asked the cashier for money but was told there wasn’t any in the store. Deciding that made perfect sense, the first attempted robbery was thwarted, and the man moved on to the next location, a Family Dollar store. At this location, after asking for money, the man was told he would have to wait. Clearly the suspect had other more pressing engagements because he decided not to wait, instead leaving the store on foot and entering a white passenger vehicle. Police are still looking for the suspect. Robbery Charges Still Possible Even though the…
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Obama's Latest War Authorization Letter and ISIS Update
President Obama has written Congress explaining his decision to conduct airstrikes on Amerli: Dear Mr. Speaker: (Dear Mr. President:) As I reported on August 8 and 17, 2014, U.S. Armed Forces have conducted targeted airstrikes in Iraq for... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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"The criminalisation of American business"
Doug Berman at Sentencing Law & Policy links to and excerpts this article from The Economist. From the excerpt: Who runs the world’s most lucrative shakedown operation? The Sicilian mafia? The People’s Liberation Army in China? The kleptocracy in the...
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J. Edgar Hoover, LBJ, and George Hamilton, together again.
The Philadelphia Inquirer reported a fascinating story about how LBJ employed the FBI and his personal attorney/Supreme Court appointee Abe Fortas to investigate actor George Hamilton, back when he was dating LBJ's daughter. A hat tip to Josh Blackman for the info. The full article is here.J. Edgar HooverIt's a great story. Several years ago, Professor Tuan Samahon of Villanova Law School, who was considering writing a book on Abe Fortas, filed a Freedom of Information Act request for an FBI memo. Samahon thought the document would confirm that the FBI was using info about Fortas's sexual liaison with another man to squeeze Fortas into leaking info about a pending Supreme Court case. He also wondered if the FBI was somehow linked to Fortas's resignation from the Court after only four years on the bench.When the FBI balked at releasing the memo -- authored by FBI Deputy Director Cartha DeLoach, who helmed the investigations into the most salacious crimes and…
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Leaving Children Unsupervised in Car Arrests Continue in Darien, Stamford, Rowayton & Greenwich under CGS 53-21a
Last March I wrote about the growing problem of parents leaving their kids in the car unsupervised while the parents quickly ran an errand, grabbed coffee, or picked up the dry cleaning. I wrote about how Greenwich, Darien and Stamford police seem to be arresting more parents for 53-21a Leaving Child Unsupervised, and even 53-21 Felony Risk of Injury / Child Endangerment charges in the Stamford, Danbury and Norwalk Superior Courts. Back then, I argued that what is really needed in most of these cases is a warning—not an arrest. But then a tragic example of this fact pattern appeared to have taken place in July in Ridgefield where a 15-month-old toddler died while allegedly left unsupervised in a car. While there have been no arrests in that case, it has further elevated sensitivity to this crime, leading to what appears to be more arrests and less warnings for 53-21a Leaving Children Unsupervised in a Motor Vehicle. So the question…
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Will I automatically have my federal drug sentence reduced?
On November 1, 2014 the most comprehensive sentence reductions for federal drug offenses are scheduled to go into effect if not repealed by Congress. The United States Sentencing Commission has made it clear that the defendant must petition the court to obtain this sentence reduction. It will not be given automatically. It is important to have attorneys who are experts in federal law handle your petition because it is discretionary and you will probably only have one shot at bringing the petition. It may be opposed by law enforcement and the United States Attorney’s Office. At the Law Office of Russell Babcock we are the experts in obtaining federal sentencing reductions. We have been handling narcotic and drug offenses in federal court for more than twenty-five years and Russell Babcock is a certified criminal law specialist. Act now so that your application or your loved one’s application will be handled with the greatest…
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Who is eligible for the federal drug and narcotic sentence reductions?
Approximately 46,000 inmates, those inmates convicted of federal drug offenses and who are scheduled to still be in jail until November are eligible for a sentencing reduction. The reductions may be as much as 24 months for inmates serving longer sentences. The punishment range for almost all drug offenses is being reduced. This is a one time chance to have a criminal sentence greatly reduced. Act now and call the law firm that has more than a quarter century defending federal drug crimes.
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Fatal crash Kendrick Grade SH3 @15.8 (District Two)
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police Regional Communication Center - North 615 W Wilbur Ave Suite A Coeur d'Alene, Idaho 83815 Please direct questions to the appropriate District Offices District 1 (208) 209-8620 Fax (208) 209- 8618 District 2 (208) 799-5150 PRESS RELEASE FOR DISTRICT TWO CASE # L14000821 --------------------- PRESS RELEASE ----------------------------- DATE: September 1, 2014 TIME: 11:36 am LOCATION: SB SH3 MP15.8 - Kendrick Grade ASSISTING AGENCIES: Latah County Sheriff VEHICLE #1 ------------- DRIVER Kreg S. Hokanson AGE 43 ADDRESS- Troy, ID INJURIES- Fatal LOCATION TAKEN - Shorts Funeral Home VEHICLE YEAR 1981 VEHICLE MAKE Kenworth VEHICLE MODEL: semi tractor hauling a grain trailer WRECKER - Forests Towing SEATBELTS- No…
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15 year-old boy gets sentenced to 25 years to life in federal prison
Gamers take notice. Your young age will not save you under the 2001 Patriot Act. A 15 year-old was sentenced this week to 25 years to life in prison following two convictions for domestic terrorism. A gamer fad called "Swatting" has become more and more frequent, putting the lives of these kids and their families in danger. Swatting is a gamer term used to describe the actions that gamers take against other gamers. These gamers find out the ip address of the rival gamers, they can then gain personal information about that gamer, including the name and residential address of the rival gamer. Then, an anonymous threat is called into the local PD such as a threat of murder, kidnapping, etc. and the local Swat team is called in to deal with the situation. In young Mr. Paul Horner's case, he "Swatted" his rival and the SWAT team rushed in. The rival gamer's father was shot and put in critical condition. Of…
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Why No “Good Time” in Wisconsin?
Unlike most other states, Wisconsin does not recognize prisoners’ good behavior with credits toward accelerated release. Wisconsin had such a “good time” program for well over a century, but eliminated it as part of the policy changes in the 1980s and 1990s that collectively left the state unusually — perhaps even uniquely — inflexible in its terms of imprisonment. I’ve been researching the history of good time in Wisconsin in connection with a forthcoming law review article. Wisconsin adopted its first good time law in 1860, which placed it among the first states to embrace this new device for improving prison discipline. Twenty years later, in 1880, the Legislature expanded good time and restructured the program in the form it would retain for about a century. In the first year of imprisonment, an inmate could earn one month’s credit for good behavior; in the second, two months; in the third, three; and so…
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I Impersonated Someone Online: Can the Police Arrest Me?
Laws regarding criminal activities that are carried out on the Internet have had to expand rapidly to keep pace with the growing presence of the web in daily life. Some of these laws deal with a crime known as online impersonation. These days, many people are putting out their own personal websites, blogs and social media pages. With so much personal information being made public, there are many opportunities for online impersonation to occur. What Is Online Impersonation? Under Arrest in North Hills, California (West Side) by Chris Yarzab / CC BY 2.0 Simply put, online impersonation is the act of using the Internet to conduct activities while using another person’s identifying information. Specifically, the law refers to sending messages or creating websites while posing as another person with the intent to harm or defraud the other person. For example, if a person creates a social media account with the name and photo of their ex-spouse and then uses that profile to…
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Arrested for a DWI: The Police Have Already Begun Collecting Evidence
The collection of evidence to prove that a person is driving while intoxicated begins the moment a police officer’s attention is directed toward the motorist. An officer cannot stop a vehicle without observing a violation of the law or without reasonable suspicion that a violation might be occurring. Testimony about the officer’s observations will be needed by the prosecutors in a DWI case to prove that stopping the motorist was lawfully justified. Vehicle in Motion Observations Picture by Police Officer Photographers / CC BY-ND 2.0 A police officer who sees a vehicle speeding, going through a red light, changing lanes without signaling or tailgating may stop it to issue a ticket for violation of the state traffic laws. Even if the driver is not violating the traffic laws, signs that an officer looks for that might indicate alcohol or drug impairment include: Weaving from lane to lane Driving well-below the posted speed limit Coming to a stop for no apparent reason…
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Driving Is A Right Not A Privilege
Driving Is A Right! Have you ever been told that “driving is a privilege?” Bah! This author argues that the DUI case law needs to be expanded to include “driving” as a fundamental right under the First Amendment’s Freedom of Assembly. Thus, the analysis should be under the substantive due process analysis not simply under the procedural due process analysis. Because the human rights of freedom of movement, right to earn a living and the right to peaceably assemble are only capable of being maintained with a valid driver’s license, the Court should require a more rigorous standard before depriving someone of this basic right. The right to drive is a fundamental right that is deeply rooted in American history and tradition. Why is it important to establish driving as a fundamental right? Where the right is not a fundamental right, the court applies a rational basis test: if the violation of the right can be rationally related to a legitimate…
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When We Talk About "Justice"
They were innocent. Then they were guilty. Now they're innocent. Yet they were always innocent. And will always have been guilty.Regardless of what happened.I'm talking about Henry Lee McCollum and Leon Brown. Who spent 30 years in prison for a crime, an horrific crime, the rape and murder of 11-year-old Sabrina Buie. Per Scalia, explaining why Lee McCollum ought to be killed (without actually hearing his appeal), an 11-year-old girl [was] raped by four men and then killed by stuffing her panties down her throat.But really, it was worse than that. Here's the North Carolina Supreme Court.An autopsy was performed upon the body of Sabrina Buie. Linear abrasions on her back and buttocks revealed a pattern indicating that the body had been dragged over a rough surface. There was a tear or laceration deep within the victim's vagina and a tear or laceration in her anal canal. Petechial hemorrhaging, characterized as the…
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Vaping Behind Bars
North Carolina inmates are not allowed to have tobacco products, and other people are not allowed to give tobacco products to them. This session, the legislature changed the law—twice—to address the use of vapor products (like e-cigarettes) in our prisons and jails. Today’s post discusses those changes, beginning with some background on existing law. My […]
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