Search & Seizure The United States was founded on personal liberties. When America’s Founding Fathers drafted the Constitution, they sought to protect the people from a villainous government. The Fourth Amendment allows us to live free from unreasonable, general searches performed by law enforcement officers and their agents. The United States Supreme Court has recognized the exclusionary rule as a potential remedy to defendants for evidence obtained by an unreasonable search or seizure. Under the exclusionary rule, the prosecution will not be able to use that illegally seized evidence against you at trial. Further, if illegally seized evidence leads law enforcement to additional evidence, the additional evidence is also subject to exclusion. The additional evidence is said to be the “fruit of the poisonous tree.” Essentially, the law will not allow the prosecution to benefit from police misconduct. The Court has reiterated many times that society pays a…
Search & Seizure | Fourth Amendment
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Update: Eastbound traffic now blocked on Interstate east of Jerome
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000 Fax (208) 324-7897 For Immediate Release: 01/21/15 8:50 p.m. Please direct questions to the District Office ***Update*** Both westbound lanes of travel have been opened at milepost 170. Currently, the left lane on the eastbound side is blocked while crews work to remove the crashed vehicle. SA / SG ********* ***Update*** The right lane of travel is open, westbound at milepost 170. Traffic is no longer being diverted off the Interstate at exit 173. LL / SA ********** The Idaho State Police is at scene of a crash westbound Interstate 84 at milepost 170, three miles west of the US-93/I-84 Junction. Both westbound lanes are blocked at this time, and traffic is being diverted off the Interstate at the 173 exit. …
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2016: Hillary Leads Potential GOP Opponents by Double Digits
The latest (PDF) in a string of polls showing Hillary Clinton would defeat all GOP challengers in 2016: The national survey finds 53 to 56 percent support for Clinton among registered voters against each of these potential Republican candidates,... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Atwell on Social Media Evidence in Criminal Child Support Prosecutions
Maureen Atwell has posted The Use of Social Media Evidence in Criminal Child Support Prosecutions (7 Phoenix L. Rev. 1 (2013)) on SSRN. Here is the abstract: This article provides an overview of the prosecution of criminal child support cases,...
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FEDERAL PROSECUTIONS INCREASING FOR HEALTH CARE FRAUD
Whenever we are contacted by potential clients who have been contacted by federal investigators our immediate advice is that they do not speak to investigators until […]
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Attorney General Eric Holder Issues a New Order Addressing Asset Forfeitures, But it Doesn't Do What Many Seem to Think it Does.
As criminal defense and asset forfeiture attorneys in the Jacksonville, Florida area, we have seen the many different ways the government will take and forfeit someone's property under the state or federal asset forfeiture laws. These cases have ranged from questionable searches seemingly designed to seize and forfeit certain property to cases where property is taken but no criminal arrests are ever made to outright thefts by the government of a person's property. Unfortunately, the government's taking of property is an area that has not received the attention that it deserves. When the police go and take a person's cash because he/she is carrying a large quantity of it without even contemplating an arrest and with no indication that the person committed any crime, that should get some scrutiny. But, it rarely does. Attorney General Eric Holder recently made an announcement about a rule change regarding certain asset forfeitures. The new rule prohibits…
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Thursday Open Thread
So you can discuss the appropriate punishment for the Patriots and/or Sheldon Silver. Open Thread. [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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New York State Assembly Speaker Sheldon Silver Faces Federal Fraud Charges
The New York Times has the story, with a link to the criminal complaint, here. U.S. Attorney Preet Bharara followed his longstanding tradition of holding a press conference in order to make inflammatory, prejudicial, and improper public comments about the...
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Michigan Doctor Will Serve 15 Months in Prison for Medicare Fraud Scheme
On January 14, it was announced by U.S. Attorney Barbara L. McQuade of the Eastern District of Michigan, Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, and several others that a Redford physician had been sentenced to 15 months in prison for her role in a $2.1 million Medicare fraud scheme. According to a news article at Mlive.com, 69-year-old Dr. Paula Williamson has been ordered to pay $1.3 million in restitution in addition to spending time in prison. Essentially, Williamson signed off on unnecessary treatments for patients so that a home health care company based in Farmington Hills could bill the government for those charges. The scheme allegedly took place between 2009 and 2012, according to investigators. Williamson certified that certain Medicare patients were homebound when they were not; she also falsified medical records. The fraud scheme involved several home health care workers who enlisted Williamson’s…
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New hacking legislation could make criminals of us all, say insiders
J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can I be arrested without evidence against me?” Tech industry insiders are guffawing at new cybersecurity initiatives unveiled by the Obama administration. According to insiders familiar with the proposals, new cybersecurity-targeted criminal laws will make criminals of us all. According to Paul Wagenseil of Tom’s Guide US, the proposed changes to the 1984 Computer Fraud and Abuse Act would “make many commonplace security research practices—and media reporting on those practices—federal crimes.” Nate Cardozo, an attorney with the Electronic Frontier Foundation in San Francisco, California, told researchers and intellectual property professionals at a Washington, D.C. conference that sharing passwords for online accounts or even sharing an HBO “GO” password with a friend could constitute felonies under the proposed legislation. HBO—short for…
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Trial Court’s Overly Broad Reading of ‘Ambiguous’ Domestic Violence Protection Order Leads to Overturned Conviction
A man convicted of violating a domestic violence protection order successfully persuaded the Illinois Appellate Court to throw out that conviction due to flaws both with the order and with his trial. The order was ambiguous and confusing, but the statute governing “stay away” orders like the one issued in this case requires the state to prove that the abuser came impermissibly close to the victim (or his or her residence) and did so intentionally, neither of which the state proved. In the fall of 2012, a trial court entered an order of protection requiring Michael Gabriel to stay 1,000 feet away from Rilee Nichols’ residence, as well as the College of DuPage, where both Gabriel and Nichols were students. Only 11 days later, a college police officer pulled over a Pontiac for a registration violation and discovered Gabriel behind the wheel. Upon discovering the existence of the order of protection, the officer arrested Gabriel for violating the order. At trial,…
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Insurance Fraud in the Fifth through First Degree...cont
Health care criminal fraud in the fourth degree under New York Penal Law S 177.10 states that: A person is guilty of health care fraud in the fourth degree when such person, on one or more occasions, commits the crime of health care fraud in the fifth degree and the payment or portion of the payment wrongfully received, as the case may be, from a single health plan, in a period of not more than one year, exceeds three thousand dollars in the aggregate. Health care fraud in the fourth degree is a class E felony. Health care fraud in the third degree under New York Penal Law S 177.15 states that: A person is guilty of health care fraud in the third degree when such person, on one or more occasions, commits the crime of health care fraud in the fifth degree and the payment or portion of the payment wrongfully received, as the case may be, from a single health plan, in a period of not more than one year, exceeds ten thousand dollars in the aggregate. Health care fraud in the third…
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News Scan
Federal Charges Unlikely in Ferguson Case: Lawyers with the U.S. Justice Department are expected to recommend that no civil rights charges be brought against Ferguson, MO police officer Darren Wilson. Matt Apuzzo and Michael S. Schmidt of the New York Times report that an investigation conducted by the FBI found that there was no evidence to support civil rights charges against Wilson in the shooting death of Michael Brown in August 2014. Attorney General Eric Holder and his civil rights chief will have the final say on whether or not the Justice Department will close the case against Wilson. NY Assembly Speaker Arrested On Corruption Charges: New York Assembly Speaker Sheldon Silver has been taken into custody and will face criminal charges after authorities say he pocketed millions in a corruption scheme. The New York Daily News reports that Silver, who is facing five counts of corruption, allegedly accepted $4 million in bribes and kickbacks from a…
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One Vote Made the Difference for Guadalupe!
Thanks to everyone who took part in the very urgent social media action to free Guadalupe! Guadalupe is one of 17 Salvadoran women who were sentenced to 12 to 40 years in prison after suffering miscarriages. The only legal option left for these women is a pardon. Last week, the Salvadoran National Assembly failed to approve a pardon for Guadalupe by just one vote. Fortunately, the issue was brought up for another vote on Wednesday, January 21. On Tuesday, Amnesty called upon activists around the world to take part in a very urgent action on behalf of Guadalupe by sending Twitter and Facebook messages to individual Salvadoran Assembly Deputies and the parties they represent. The Assembly approved Guadalupe’s pardon by a single vote. The bad news is that there are still 16 other Salvadoran women who were sentenced to prison for having miscarriages, and there are others who were jailed for having abortions. (See On the Brink of Death: The Violence Against…
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Texas DWI Cheat Sheet
Houston is the fourth-largest city in the United States. There’s a near-limitless list of things to do in the metro area – and that includes bars, clubs and other drinking establishments. If you’re enjoying a night out on the town, it’s helpful to know the answer to the question: “How much is too much?” Of […] The post Texas DWI Cheat Sheet appeared first on Scheiner Law Group, P.C..
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Police Body Cameras Coming to Chicago
In the wake of highly publicized shootings by police officers across the country, there has been an increased focus on body cameras as a way to visually monitor police actions. The Chicago Police Department has announced that Chicago police will begin wearing body cameras within two weeks, as part of a two-month pilot program. Taser International, Inc., is providing the cameras at no cost to the city or police department. The officers working the afternoon shift in the Northwest Side's Shakespeare District, which includes parts of Logan Square, West Town, and Humboldt Park will wear the 30 cameras either on their headgear, glasses or clothing. While the cameras will be turned on during "high-risk situations," the officers will also turn the cameras on during DUI stops and foot and vehicle pursuits. The Chicago police officers will be required to inform individuals they come in contact with that they are being recorded. The hope is that these "body…
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Refreshing Recollection at a DMV Hearing
DEFENSE COUNSEL: Objection. HEARING EXAMINER: Basis? DEFENSE COUNSEL: I would ask that the officer testify from memory and not read from his report. HEARING EXAMINER: Officer, are you testifying from memory or are you using the report to refresh your recollection? OFFICER: I am using the report for recollection. HEARING EXAMINER: Okay. And are you relying solely on the report or are you relying on your memory and the report? OFFICER: Solely on the report. I was just going to add something on the respondent’s demeanor and cooperation. HEARING EXAMINER: Do you have independent knowledge of the situation? OFFICER: Yes. HEARING EXAMINER: So you are using the report to refresh your recollection or are you using the report because you don’t have any recollection? OFFICER: I do have recollection. I don’t want to misspeak. Because this is an administrative hearing, I have done…
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Commonwealth v. Gomes: The SJC’s New Jury Instruction on Eyewitness Identification Attempts to Protect Defendants While Recognizing the Ever-Changing Nature of Scientific Evidence
On January 12, 2015 the Supreme Judicial Court (“SJC”) issued an opinion in Commonwealth v. Gomes holding that from now on juries must be instructed on scientific principles regarding eyewitness identification, and drafted a provisional jury instruction for judges to give until an official model instruction is developed. The decision is not retroactive, and did not apply to Gomes’s case itself. The case followed closely after two other SJC cases highlighting the fallibility of eyewitness identification. The provisional jury instruction requires jurors to be told of five “generally accepted” scientific principles about eyewitness identification, based on a report issued by the SJC’s Study Group on Eyewitness Evidence: Human memory does not function like a recording, but is instead a complex, multi-stage process. An eyewitness’s expressed certainty about the identification may…
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Judge Carter Tosses Four Insider Trading Guilty Pleas in Durant Case Finding Them Insufficient Post-Newman
The effects of the Second Circuit’s decision in U.S. v. Newman have begun to emerge in the Southern District of New York. Today, Judge Andrew L. Carter, Jr. vacated four guilty pleas in U.S. v. Durant, the insider trading case on which we reported last week. Judge Carter ruled that the Newman decision and its heightened standard for tippee liability applies to insider trading cases based on misappropriation cases, in addition to cases based on the classical theory of insider trading. Under Newman, to establish tippee liability, the government must prove that the defendant knew the tipper received a personal benefit in exchange for the inside information. But in pleading guilty, the defendants had not admitted to such knowledge. Although prosecutors argued Newman did not undermine the validity of the pleas because Newman was decided under the classical theory of insider trading and Durant is a misappropriation case, Judge Carter rejected this argument. Quoting Newman,…
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Jane Doe #3 Strikes Back at Dershowitz
Virginia Roberts, aka Jane Doe #3 and Jane Doe #102, has filed an Affidavit in support of her allegations that she had sex with Alan Dershowitz while she was under the age of 18. The article contains a link to the Affidavit. [More...] The Affidavit... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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