Officers did not have reasonable suspicion at the moment of seizure.In United States v. Shawn Lowe, No. 14-1108, ___ F.3d. ___, 2015 WL 4032921 (3d. Cir. July 2, 2015), the Third Circuit reversed the district court's denial of Lowe's suppression motion, finding that the district court had erred in determining the moment of seizure during a Terry stop. The Court explained: Here, three marked police cars nearly simultaneously arrived at Ms. Witherspoon’s residence at 4 o’clock in the morning. Four uniformed police officers immediately got out of their patrol cars and approached Lowe and Witherspoon, commanding them to show their hands. . . . [T]he record indicates that [the officers] arrived in a hurried manner and at least one drew his firearm at some point during the encounter. A reasonable person in Lowe’s position would not have felt free to decline this interaction, turn, and leave. The Court also…
//blawgsearch75.rssing.com/chan-6519914/article12941-live.html
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Final Update: Two Vehicle Fatality Crash US93 at milepost 71
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: 07/11/2015 3:30 p.m. Please direct questions to the District Office *****Final Update***** On Saturday, July 11, 2015, at 6:08 a.m., Idaho State Police investigated a two vehicle fatality crash on US93 near milepost 70, south of Shoshone. Dallas J. Edwards, 20, of Jerome, was traveling northbound on US93 in a 1995 GMC Pickup. Juan Garcia-Venegas, 67, of Jerome, was traveling southbound on US93 in a 2006 Nissan Altima. Edwards crossed the center line and struck Garcia-Venegas head on. Edwards' vehicle overturned, landed on its roof, and came to rest on the northbound shoulder. Garcia-Venegas came to rest on the southbound shoulder. Garcia-Venegas succumbed to his…
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The issue in this case is whether plaintiff sustained serious injury
A Kings Spinal Injury Lawyer said that, by notice of motion filed on May 27, 2011, under motion sequence four, defendant moves pursuant to CPLR 3212 for summary judgment dismissing the complaint on the ground that plaintiff did not sustain a serious injury within the meaning of Insurance Law §5102(d) and plaintiff’s claim is derivative to complainant’s claim. By stipulation of all parties dated September 3, 2009, plaintiffs discontinued the action against defendant. Plaintiffs oppose the motion. A Kings Car Accident Lawyer said that, on June 11, 2009, plaintiff commenced the instant action by filing a summons and verified complaint with the Kings County Clerk's office. By verified answer dated September 4, 2009, defendant joined issue. On April 12, 2011, a note of issue was filed. Plaintiffs' instant action is to recover damages for personal and derivative injuries sustained as a result of a motor vehicle accident. Plaintiffs have alleged in the…
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Kitchen on Mothers, the State, and Domestic Violence
Rona Kaufman Kitchen (Duquesne University - School of Law) has posted Constrained Choice: Mothers, The State, and Domestic Violence (Temple Political & Civil Rights Law Review, Vol. 24, No. 4, 2015) on SSRN. Here is the abstract: Mothers who are...
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How long does an OUI stay on your record in Maine?
For those facing an OUI, perhaps this is the first time that they have ever been in trouble with the law before. A common question I am asked is how long does an OUI stay on your record in Maine? The answer to the question (How long does an OUI stay on your record in […] The post How long does an OUI stay on your record in Maine? appeared first on The Nielsen Group.
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North Dakota’s Sobriety Program An Effective DWI Deterrent?
All across the US, states are continually trying out strategies to minimize drunk-driving incidences. Minnesota is no stranger to this problem: in 2013 alone, 25,719 motorists – an average of 70 a day – were arrested for driving while intoxicated. Of the violators, 10,455 or 41% had at least one prior record of DWI. The state employs various ways to prevent more DWI cases, especially repeat offenses; these include the ignition interlock device program and the one-day DWI program. While a combination of such strategies have had some success in … [Read more...] The post North Dakota’s Sobriety Program An Effective DWI Deterrent? appeared first on Minneapolis DWI Lawyer Douglas T. Kans.
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Oregon Supreme Court on Routine Questions During Traffic Stops
The Oregon Supreme Court handed down its decision on one line of routine questioning during traffic stops.https://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/07/10/routinely-asking-people-whether-theyre-carrying-weapons-as-part-of-ordinary-traffic-stops-violates-oregon-constitution/
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Case o' The Week: A Great One - Pocklington and Juridisction to Revoke Probation
Hiding assets from creditors -- not good, but the Ninth could still stomach a reversal. But making the Great One cry? Lucky this case isn’t in a Canadian court.United States v. Pocklington, 2015 WL 4038740 (9thCir. July 2, 2015), decision available here.Players:Decision by Judge McKeown, joined by Judges Kleinfeld and M. Smith. Facts: Among other crimes, Pocklington traded away Wayne Gretzky while he was a very successful Canadian businessman who owned the Edmonton Oilers. Id. at *1. His fortunes turned, he moved to California from Canada, and he filed for bankruptcy. Id. In his bankruptcy petition, he certified he didn’t hold or control property controlled by another. Id. In reality, however, he controlled storage units and a bank account that had his wife’s property and funds. Id. He pleaded to perjury to avoid bankruptcy fraud charges, and was sentenced to two years of probation. Id. Near the end of his probation term, his P.O. got…
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How will marijuana lobby (with new money) use its growing influence inside the Beltway?
The question in the title of this post is prompted by this notable new NPR piece headlined "Pot Politics: The Marijuana Business Comes To Washington." Here are excerpts: State by state, the legal marijuana business is slowly gaining ground. The industry is using both an increasingly favorable public opinion toward...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/dQE2EyxFnNQ" height="1" width="1" alt=""/>
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"El Chapo" Escapes From High Security Prison
Joaquin "El Chapo" Guzman has done it again! He's escaped from the high security prison in Altiplano, through a tunnel. Several prison workers are being held. The articles say if he makes it home to Culiacan in the mountains, he's... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Will an OUI Affect my ability to travel abroad?
Do you live in Maine but work in Canada? Do you travel to visit family living outside the United States? Does your employment require travel abroad at any time? Do you like to travel abroad for your vacation? If you answered “yes” to any of these questions, you could very well be affected by a […] The post Will an OUI Affect my ability to travel abroad? appeared first on The Nielsen Group.
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DPS brass gets massive pay hikes, again
DPS brass continues to enjoy financial rewards that front-line state employees or managers in the private sector could only dream about. Reported the Dallas News, "DPS Director Steve McCraw and 56 agency executives have been given double-digit raises, with most increases reaching 17 percent." Some readers may recall when the Austin Statesman reported three years ago:When Gov. Rick Perry made Steve McCraw the director of the Texas Department of Public Safety in 2009, only a dozen DPS employees earned $100,000 a year or more at the notoriously tight-fisted agency.[As of 2012, there were] 73, reflecting an enormous growth in DPS management positions and pay since McCraw, an ex-FBI agent who formerly led the governor’s Homeland Security office, took charge of the department in August 2009.Under the new management pay scheme, though:McCraw will now be paid $214,672 annually, up from $183,498. Two deputy directors, David Baker and Robert Bodisch, saw their yearly…
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For the birds: A tale of police and prosecutor overkill, and other stories
Here are several items which may interest Grits readers:Read a rather amazing story of police and prosecutorial overkill from my hometown centered around an abducted 85-year old parrot.Some school officials are already whining about Texas decriminalizing truancy, but this item highlights a number of schools successfully experimenting with disciplinary alternatives based on restorative justice models.Imagine an "Outlaw Motorcycle Gang" with dozens of members who've been granted concealed carry permits by the state: See a good discussion of the Bandidos' alleged gang status. "Members rarely have been arrested in groups, and even less often for major crimes. In fact, more police officers are indicted in Houston each year than Bandidos."Read an argument "Why colleges should admit more ex-felons." The publisher of The American Conservative explains "Why we need criminal-justice reform."
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California Penal Code 602.12 and Unlawful Entry Onto Property to Interfere With Research
Consider a couple of hypothetical situations.Al is a graduate student at UCLA who lives in Los Angeles, California. It is summertime so Al's grading duties are more relaxed than they normally are during the school year. But Al has a dissertation to complete (or to begin) so he is trying to make the most of his less-hectic schedule to get some research done. Al's buddy, Mike, on the other hand, is not a graduate student and therefore is experiencing summer in all of its glory -- free from the shadow cast by research obligations with no clear end in sight. Mike thinks that Al is working too hard on his research and decides to get Al to take an afternoon off and go on a hike. Mike calls Al, and tells him he's coming over to get him to take an afternoon off from research. Mike then walks over to Al's apartment, knocks on the door, and Al lets him in.Ruth and Jessica are roommates living in Irvine, California. Ruth is an assistant professor finishing up her first…
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Can a Hacker Take Over Your Computer? Short Answer: Yes
Recently, my wife (who’s a PI and a writer) told me about a friend of hers, a writer who’s written several dozen novels, who had her personal computer hacked into, and then… Hackers Demanded a Ransom They informed her via an untraceable email that if she wanted her computer files back, she had to pay x amount of dollars by a certain date or they would destroy her hard drive. Sounds like a plot for some kind of Romancing the Stone-Cold Computer movie, doesn’t it? This writer thought a pal was pranking her. Access Cut Off to Computer Files Computer specialists checked her computer, but couldn’t re-open the files But when she couldn’t open any files on her computer, she panicked. Her hard drive held the only copies she had of some of her novels, including the chapters in her current novel-in-progress that was due in six weeks to her publisher. After mentally beating herself up for not storing…
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Intent to Threaten? An Update
The Sixth Circuit, in an opinion written (perhaps coincidentally) by Judge Sutton, reversed a conviction for transmitting threats in interstate commerce (18 U.S.C. § 875(c)) because the judge instructed the jury that it needed only to find negligence and not that the defendant had some level of intent or awareness of wrongdoing. As discussed in the June 2 post, the Supreme Court (citing issues previously raised by Judge Sutton) found that negligence is insufficient to establish culpability. In United States v. Houston, No. 14-5295 (6th Cir. July 9, 2015), Judge Sutton noted that the defendant’s “recorded diatribe . . . could plausibly [cause the listener to] think one of two ways about it. One possibility is that he meant just what he said, creating liability no matter what the standard is. The other possibility is that the recording caught him in a fit of rage in a prison cell (where he was in no position to act on his thoughts and where he did not necessarily…
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Michigan OWI 3rd offense Charge (with 1 or 2 old Priors)
Under Michigan's DUI laws, a 3rd offense OWI charge at any point in your life is a felony. This often comes as further bad news for someone who remembers when a 3rd offense could only be charged as a felony if a person had 2 prior drunk driving convictions within 10 years. Since 2007, however, the 10-year period for prior DUI's has been eliminated, meaning that a person who is charged with a 3rd DUI crime at any point in his or her life will face a felony. Once someone learns this, the next question, almost asked instinctively, is something like, "Doesn't the fact that I haven't been in any trouble for ___ (fill in the blank) years matter," or "Doesn't it matter that my last one was ___ (fill in the blank again) years ago"? The short, simple answer, at least as far as the 3rd offense DUI charge goes is "No." However, in terms of outcome, meaning the actual results of the case, the answer is decidedly "yes, it does…
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Ignition Interlock Violations in Michigan - What's your Plan?
Ignition interlock violations are an unfortunate and all-to-common reality for many people. There is probably nothing worse than having won your license back from the Michigan Secretary of State only to later have it yanked from underneath you. Worse yet, many of the cases I see, and certainly all of those I take, are for people who have genuinely stopped drinking. For a person who is really sober, an interlock violation just seems "wrong," and it is easy to think that all you have to do is just get a hold of someone and explain things. The cold reality, however, is that once you receive the notice of violation in the mail, it informs you that the decision has already been made to re-revoke your license. The only thing you can do about it is to promptly file for a hearing and try to win your license back - again. First, it is important to note that there is a time limit within which you must file for a hearing. In the case of an interlock violation, you must…
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(District Two) Injury Crash US95@295
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 # L15000832 --------------------- PRESS RELEASE ----------------------------- DATE: 07/12/2015 TIME: 11:00 AM LOCATION: Northbound US95 milepost 295 ASSISTING AGENCIES: Nez Perce County Sheriff's Office VEHICLE #1 ------------- DRIVER Neufeld,Carl R AGE 25 Years ADDRESS Prosser,WA INJURIES? - Yes HOSPITAL/LOCATION TAKEN ? St Joseph's Hospital, Lewiston,ID VEHICLE YEAR 2008 VEHICLE MAKE Yamaha VEHICLE MODEL Motorcycle WRECKER Forest Towing HELMET…
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Top-Ten Recent SSRN Downloads
in criminal law and procedure ejournals are here. The usual disclaimers apply. RankDownloadsPaper Title 1 319 Brain Science and the Theory of Juvenile Mens Rea Jenny E. Carroll University of Alabama - School of Law Date posted to database: 8...
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More Pages to Explore .....
