Drug Trafficker (Alleged) Walks on Cocaine Cell Phone SearchAn alleged Florida Drug Trafficker Walked on Cocaine charges. Charges were based upon a Cell Phone Search. The Number You Have Tracked is No Longer in Service - He was charged with " possession of more than 400 grams of cocaine, as well as fleeing and eluding, driving while his license was revoked as a habitual offender, and resisting arrest without violence."The court questioned whether the warrantless use of electronically generated cell site location information to track an individual’s movements in real time both on public roads and, in this case, also into a residence, violates a subjective expectation of privacy in that person’s location . . . ."The distinguishing factor in this case was the police tracked the suspect in his home."Officers learned of his location on the public roads, and ultimately inside a residence, only by virtue of tracking his real time cell site…
Drug Trafficker (Alleged) Walks on Cocaine Cell Phone Search
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"Author John Grisham says "we've gone nuts with this incarceration" of child porn downloaders"
Doug Berman at Sentencing Law & Policy excerpts Grisham's initial remarks and his quick retraction in the face of criticism.
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Red Light Cameras May Soon Be a Thing of the Past
Some folks would say that technology has made our lives better. After all, without video cameras in the hands of citizens, there would be no way to refute an officer's testimony. And, the DNA testing of evidence in old rape cases has proven quite effective in setting hundreds of innocent inmates free, after decades behind bars. But, technology has also created it's fair share of problems, the most glaring of which has been the fact that fewer human labor hours are needed when a computer can answer a phone, or an automated system can provide customer service, or a few robots can build a car or manage a warehouse once full of employees. Even worse than this, however, is the fact that computers may one day be able to solve problems at a high level, taking the place of doctors, engineers, and lawyers (known as the P vs. NP problem). Sure, you're probably thinking this is just another pointless rant, but stay with me, I'm about to tie this into the red…
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Facial Insufficiency & Dismissal: When NY Criminal Complaints Charging Reckless Endangerment & Criminal Obstruction of Breathing or Blood Circulation Meet the Minimum Legal Standard
Facial Sufficiency is a vital consideration in the field of Criminal Law (one of many, of course). If a misdemeanor information (some people call it a complaint) is facially insufficient then the misdemeanor information is considered jurisdictionally defective and should be dismissed. In order for a misdemeanor information to be facially sufficient the misdemeanor information must, when viewed in a light most favorable to the People (the District Attorney or prosecution), contain non-hearsay factual allegations providing reasonable cause to believe that the defendant committed the offense(s) charged; and which establish, if true, every element of the offense(s) charged. CPL §§100.15[3]; 100.40[1][b] and [c]. In the case of People v. Fagan, the defendant was accused of climbing on a bridge support on the Queensboro Bridge. The defendant also allegedly climbed roughly 100 feet above the roadway without permission or authority. During his interaction…
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Several Former NFL Players Object To Concussion Lawsuit Settlement
This week, ten former NFL players filed objections to the NFL Concussion Lawsuit settlement due to concerns that the settlement does not adequately compensate the victims of chronic traumatic encephalopathy, or CTE. CTE is a brain injury of progressive neurological deterioration caused by repeated blows to the head. It was previously known as “dementia pugilistica”, as the condition was frequently observed in boxers. CTE has symptoms including memory loss, behavioral and mood disorders, personality changes, speech and gait abnormalities, impulsive actions and rage. The settlement covers approximately 20,000 players, and the great majority of those players or their families for those who are deceased are accepting the terms of the settlement. But Robert Stern, a Boston University professor of neurology and leasing expert on CTE, has declared that players “who suffer from many of the most disturbing and disabling symptoms of CTE will not be compensated…
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Private Companies Cannot Issue Traffic Tickets for Running a Red Light
In the case of the City of Hollywood versus Eric Arem, an appeals court ruled that it is illegal for a private company to issue traffic tickets to people for running a red light. The court said that in… The post Private Companies Cannot Issue Traffic Tickets for Running a Red Light appeared first on Chapman Criminal Defense Firm.
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How Can I Convert My Chapter 13 to Chapter 7?
There are two types of bankruptcies that Georgian families and individuals can file. The first type is called Chapter 7. Chapter 7 is referred to as “straight” bankruptcy where most of the debt is discharged. It is suitable for families who have little way to pay their debts and if they can protect their assets from being sold by the trustee. Chapter 13 bankruptcy is appropriate for families who just [ Read More ] The post How Can I Convert My Chapter 13 to Chapter 7? appeared first on Law Office of Michael West P.C..
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Criminal Conviction Reversed in Florida When Prosecutor Elicits Testimony Regarding a Defendant's Failure to Produce Evidence
In Florida, defendants in criminal cases have certain Constitutional rights that stay with them from the time they are arrested until their trial, if they choose to have one. One of those rights is the right to be considered innocent unless and until the state proves the defendant's guilt beyond a reasonable doubt. Many people are familiar with that right as it is one of the few things the TV shows get right, and it is a primary right that most people hear about along the way. But what does it mean? When a person is charged with a crime in Florida, that person is entitled to a trial whereby a jury or judge decides whether the defendant is guilty or not guilty. At that trial, the defendant is presumed innocent. Only after the state presents sufficient evidence of the defendant's guilt, if the state ever does, does that presumption of innocent disappear. Because a defendant is presumed innocent and the state has the burden of proving the defendant's guilt…
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Women in Framingham Charged with Separate Assaults Against Each Other
According to an article in the MetroWest Daily News, two women in Framingham were recently arrested for separate assaults against each other. One of the women, Johnary Sanjurji-Fuentes called police and reported that her ex-girlfriend, Virgina Delarosa, had assaulted her at her home and stolen several items. A warrant was issued for Delarosa’s arrested, but the police were unable to locate her at the time. Several days later, the police were called to Delarosa’s apartment for a report of a loud argument between two women. When the police arrived, they found both Delarosa and Sanjurji-Fuentes. Police arrested Delarosa on the existing arrest warrant, which charged her with one count of larceny and two counts of assault and battery. When she got to the police station, however, Delarosa told police that Sanjurji-Fuentes had come to her house and punched her in the face. Following these allegations, the police arrested Sanjurji-Fuentes on one count of assault and…
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Update - ISP investigating vehicle vs. horse crash near Pine Creek
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: 10/17/2014 4:45 p.m. Please direct questions to the District Office *****Final Update***** The owner of the horse has been located. Idaho State Police thanks everyone for all of the information that was provided. DSP Initials KJ/DO *****End of Update***** On Thursday, October 16, 2014 at approximately 11:04 p.m., the Idaho State Police investigated a crash on State Highway 31 at milepost 6.5, near North Pine Creek. Natalie Wight Allison, 43, of Lehi Utah, was driving North on Highway 31 in a 2010 Jeep Wrangler, when she struck and killed a horse that was loose on the roadway. The horse is described as dark brown in color, with a black mane, wearing a turquoise blue halter. No…
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Lighthouse Point Man Sentenced to Lesser Charge in First-Degree Murder Case
It was more than twenty years ago when Lynne Friend went to meet her estranged husband to pick up a check that was due for child support. After that evening, the then thirty-five year old Lynne Friend vanished. For eighteen of those twenty years, her ex-husband, Clifford Friend lived his life as a free man and continued with his life. He remarried in 1995 and together with his new wife they raised his son Christian the product of his first marriage. He opened a pawn shop and the couple bought a home in Pembroke Pines. Although he was the prime suspect in his wife’s disappearance, charges against him were never filed. But in March of 2012, a Grand Jury indicted Friend for the charge of first degree murder in his wife’s death. Over the years, the case had gone before Grand Juries three previous times but it wasn’t until the latest review that an Indictment was returned. Back then, after making his first appearance before a Miami-Dade judge, the Lighthouse Point…
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Nassau County Police Form 38 ...cont
A conviction of the crime of larceny by false promise cannot rest on mere probabilities; indeed, the standard of proof the People must satisfy is more burdensome than that of most crimes. Because the failure to perform a promise may ordinarily be redressed in the civil forum, the statute set forth " a high standard of proof for establishment of the defendant's intent". Accordingly, the mere fact that the criminal defendant's promise was not performed, standing alone, is insufficient to sustain a conviction of larceny by false promise. A finding that the defendant obtained property by means of a promise to perform in the future when he had no intention of doing so at the time the promise was made "may be based only upon evidence establishing that the facts and circumstances of the case are wholly consistent with guilty intent or belief and wholly inconsistent with innocent intent or belief, and excluding to a moral certainty every hypothesis except that…
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News Scan
Rapist/ Murderer Released from Prison: An Oregon man convicted of raping and murdering a high school classmate more than two decades ago has been released from custody. Emily E. Smith of The Oregonian reports that Conrad Engweiler, who was 15-years-old at the time of the killing, was convicted of raping and strangling Erin Tonna Reynolds to death in 1990, he was originally sentenced to life in prison with a minimum of 30 years but that sentence was eventually reduced after several parole hearings. Engweiler will be required to register as a sex offender and will be supervised for a minimum of three years.Prosecutors to Seek Death Penalty Against Accused Killers: Prosecutors in Georgia intend to seek death sentences for a pair of men accused of kidnapping and murdering a young couple in August 2014. Steve Visser of the Atlanta Journal-Constitution reports that the two men are accused of kidnapping a man and his pregnant wife for ransom. The couple was…
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What are the Elements of a Drunk and Disorderly Conduct Charge in the South Bay?
California Penal Code §647 defines several different scenarios in which a person may be charged with lewd or lascivious conduct. One of the most common scenarios in which many of our clients find themselves, is when they are charged with drunk and disorderly conduct. The relevant code section under California Penal Code §647 (f) reads: “who is found in any public place under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of any intoxicating liquor, drug, controlled substance, or toluene, in a condition that he or she is unable to exercise care for his or her own safety or the safety of others, or by reason of his or her being under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of any intoxicating liquor, drug, or toluene, interferes with or obstructs or prevents the free use of any street, sidewalk, or other public way” There are several different…
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1977 robbery of the Ridgewood Savings Bank...cont
After examining count two of the indictment in light of the traditional purposes to be served by an indictment, it becomes clear beyond cavil that those purposes are completely satisfied. Count two of the indictment unmistakably indicates that defendant is being charged for the July 22, 1977 robbery of the Ridgewood Savings Bank which he accomplished by forcibly stealing property from the employees of the bank. The issue, therefore, resolves itself into whether merely as a matter of form the indictment is defective under the provisions of CPL 200.30. Before addressing that issue I note that, "The historical development of the form of indictment presently used in New York exemplifies a continuing attempt to eschew formalism and ritual". It is apparent that count two of the indictment charged only one offense (see CPL 200.30, subd. 1). While there is no bank robbery statute per se in New York, the indictment cannot be interpreted to mean anything other than that the…
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"Man gets life without parole for murdering Florida teen over loud music"
From CNN.com: [Defendant] Dunn claimed he acted in self-defense because he believed [victim] Davis was reaching for a gun. No weapon was found. . . . [Sentencing judge] Healey said Florida's controversial "stand your ground" law was widely misunderstood. "We...
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In People v. Tom, the Supreme Court of California Extends Salinas v. Texas to Allow Post-Arrest, Pre-Miranda Silence to be Consciousness of Guilt, part 3.
In the first blog post the Salinas v. Texas decision and "consciousness of guilt" was discussed. In the second blog post, the facts of the People v. Tom case were discussed, and the prosecutor's arguments. In this blog post we will discuss the reasoning behind the majority decision. This was a difficult post to write, because I do not support the majority decision's logic. DUIs often involve people that were never expected to be in the criminal justice system. When they are, it often involves an education into how criminal law works, as well as what law enforcement can and can not do. The Bill of Rights (the first Ten Amendments to the Constitution) are supposed to be intuitive- just like those magical words by Thomas Jefferson in the Declaration of Independence, "we hold these truths to be self-evident."
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Overcriminalized: America's use of incarceration as a response to mental illness, substance abuse, and homelessness
This series of short YouTube videos by Brave New Films examines the overuse of incarceration and, in the case of the mentally ill, force - too often deadly physical force - as a means to control those who are unable to toe the imaginary line of the social compact, thereby frightening the rule-bound and risk-averse. The first video, for example, examines the social and economic benefits to utilizing officers and agencies trained in crisis intervention training when responding to those in mental health crisis, an all-to-common component of modern police work. Given the obvious benefits, "Why wouldn't you do this?" asks one of the implementers of the training program for officers. The answer, sadly, comes not infrequently from the officers required to participate the crisis intervention training: "I'm a cop, I'm not a social worker; I don't believe in this B.S.," which roughly translated, sounds like "a little more force will…
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Pistorius Sentence Expected Tuesday
Closing arguments are over in the Oscar Pistorius case. The judge is expected to rule Tuesday. Prosecutors asked for 10 years. The defense asks for house arrest and community service. From the defense closing: Roux said there was also "no... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Saddam's Pilots Teach ISIS to Fly
Former pilots for Saddam's air force are reportedly teaching ISIS to fly. Among the aircraft: MI-G fighter planes they got from Syria in battle. The fighter jets have been spotted over Aleppo in Syria. Islamic State (Isis) is takings its first... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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More Pages to Explore .....
