There is a search and seizure rule in Florida that many people are not aware of that can be quite onerous, depending on how it is applied. It is called the inevitable discovery rule. To understand the rule, it is important to first understand your rights. The Constitution guarantees a person the right to privacy in one's home, vehicle and other property. This means the police cannot search a person's property without consent to search, a valid search warrant or some other narrow exception. If the police do search a person's property without authorization, any incriminating evidence can be thrown out of court with a motion to suppress. However, the inevitable discovery rule gives the state an avenue to save their case even when the search is illegal. Basically, it says that even if the police conduct an illegal search and find incriminating evidence like illegal drugs, the state can still use the evidence against the defendant if the police would have…
The Inevitable Discovery Rule in Florida
↧
↧
The Defense Bar, At It Again
To clear out the underbrush at the outset: No, I do not think defendants should go without counsel. Yes, I think counsel should be zealous. But no, being zealous does not include disrespecting the considered wishes of the client, or misleading the court or jury about the client's mental state. On Wednesday, Robert Dear, who murdered three people including a police officer at an abortion clinic in Colorado, "blurted out," as the press likes to put these things, the truth: ""I am guilty, [I want] no trial. I am a warrior for the babies!" The Denver Post story goes on to recount that Dear is a "deeply religious man" and "conflicted." I have no doubt of this, although I wish he had been "conflicted" enough to stand down from murder and try some different "remedy," such as, for example, explaining to abortion providers why he believes they are horribly wrong and should stop.My…
↧
Should Cannabis Disputes Be Arbitrated?
The topic of this post is raised by an International Business Times article announcing the formation of the Cannabis Dispute Resolution Institute "a Denver nonprofit that aims to be the world’s first arbitration organization focused on marijuana." Here are some excerpts from the article beginning with the dilemma faced by...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/IgZoDxsisLM" height="1" width="1" alt=""/>
↧
Why Donald Trump is so dangerous – why it is necessary that civil rights be protected by a Constitution – and why we are fortunate to have inherited constitutionally protected rights
This week Donald Trump, the leading Republican contender for President, proposed banning all Muslims from entering the country, as one of his solutions to deal with ISIS inspired terrorism in the homeland. This bigoted and anti-American proposal, on top of his anti-Mexican, misogynistic, and crude comments have only enhanced his standing in the polls, to the shame of us all. His reliance on demonstrably false information to support his claims is no hindrance to him or his followers. In response, I commend to you a piece by Kareem Abdul-Jabbar in Time Magazine. His article, What Donald Trump and ISIS Have in Common, explains how Trump’s proposal is against everything we stand for, and is unconstitutional to boot. We have seen this before. History has taught us that what starts out as harmful speech targeting a race, religion, or ethnic group, frequently evolves into discriminatory behavior with real consequences to members of the…
↧
White Collar Federal Lawyer- The Rise of Online Gambling Prosecution
White Collar Crime- The Rise of Online Gambling Prosecution White Collar Federal Crimes are increasingly become a focal point for Department of Justice; from prosecution of corporations to a recently reinstituted practice of prosecuting individuals for a host of corporate-type activities. This, of course, includes securities fraud and other regulatory activities, as well as the more traditional white collar crime of embezzlement. Part of this newfound vigor in white collar crime federal prosecution is the focus on online gambling institutions that operate in and out of the United States. Significant federal resources are being devoted to prosecuting these very complex crimes which can take years to resolve, not to mention the exhaustion of defense resources to defend. Understanding the intricacies of these federal criminal prosecutions, and having the network and expertise to address them are paramount to any defense. Having the right representation is crucial. The…
↧
↧
SCOTUS grants cert on permissible practices for police roadside tests and for prisoner litigation
↧
News Scan
Top LE Officials Oppose Sentencing Reform: Forty former top federal law enforcement officials, in a letter sent to Senate leaders, have called to halt the rolling back of mandatory minimum sentences and leave the current sentencing regime alone. Dan Friedman of the Washington Examiner reports that the group, which includes former New York mayor and U.S. Attorney Rudy Giuliani, former Attorney General John Ashcroft and drug control czar William Bennett, argued in a letter that, "Mandatory minimums and proactive law enforcement measures have caused a dramatic reduction in crime over the past 25 years, an achievement we cannot afford to give back." While critics of mandatory minimums claim that its use results in disproportionate incarceration of black men for nonviolent crimes, the former officials warn that retroactively altering previously-applied sentencing guidelines would allow thousands of armed career criminals to be released from prison, noting that…
↧
Vladeck on Habeas and Retroactive Rules
Stephen I. Vladeck (American University - Washington College of Law) has posted Using the Supreme Court's Original Habeas Jurisdiction to 'Ma[k]e' New Rules Retroactive (28 Federal Sentencing Reporter, 2015, Forthcoming) on SSRN. Here is the abstract: Ever since the Supreme...
↧
The Supreme Court grants cert in three cases – can a refusal to consent to a test of blood or breath for alcohol be made a crime, punishable by jail?
The Supreme Court today granted certiorari in three cases Birchfield v. North Dakota (14-1468); Bernard v. Minnesota (14-1470); and Beylund v. North Dakota (14-1506). These cases raise the question left open after the Court’s decision in Missouri v. McNeely, 133 S.Ct. 1552 (2013): can a state make the refusal to submit to a breath or blood test for alcohol a crime, punishable by imprisonment? Police are presumptively required to obtain a warrant before obtaining a blood test for alcohol. Missouri v. McNeely, 133 S.Ct. 1552 (2013). The Supreme Court will now decide whether a warrant is required for a breath test, whether the refusal to consent to a breath or blood test can be made a crime, and whether advice that refusal is a crime carrying a possible jail sentence renders any consent to submit to a breath or blood test coerced and involuntary. However, relevant authority and review of Supreme Court cases compels an answer of yes…
↧
↧
Huffington Post Article About Colorado Shooter Analysis
The Huffington Post published the following article about the man who was arrested for the Planned Parenthood killing spree in Colorado Springs this past Friday: A White Terrorist Is A ‘Troubled Loner,’ But Unarmed … The post Huffington Post Article About Colorado Shooter Analysis appeared first on Chapman Criminal Defense Firm.
↧
Organized Crime Bust Nets Arrests of 12 Young Adults
In November, Harris County authorities charged 12 young people — including one juvenile and others ranging in age from 18 to 21 — with crimes related to a raft of burglaries, robberies and auto thefts. Police say the arrests have broken up an organized crime ring and cleared some 89 criminal cases. Crime ring resorted to violence, police say Police report that the alleged members of the crime ring broke into multiple houses and cars, along with committing armed robbery. Officers contend that the suspects in custody are the key players in the ring. They say the arrests have helped them clear a minimum of 89 open cases, including 74 car break-ins, just under a dozen burglaries to homes, one theft of a car and one drive-by shooting. Investigators said members of the ring frequently used social media to locate buyers in an attempt to make quick cash with stolen items. In some cases, alleged ring members targeted easy marks, such as cars that were left unlocked. In other…
↧
Former Law Enforcement Officials' Letter to the Senate
The letter mentioned in today's News Scan is available here. Dear Leaders McConnell and Reid:As you determine whether to bring the above-referenced sentencing and corrections legislation before the Senate for full consideration, we write to express our serious concerns over the significant risks to public safety that such legislation will create. The bill will prospectively and retroactively release significant numbers of dangerous criminals from federal prison and realign our sentencing structure in profound ways. Its application of lighter penalties retroactively to already-convicted and sentenced prisoners will turn the finality of thousands of judicial decisions on their head, undermine public expectations about justice and cost millions of dollars. These consequences are undeniably harmful to the interests of public safety and justice. Now is not the time to deny law enforcement authorities the essential tools they need to fight crime and terrorism here at…
↧
Delaware Moves Closer to Electronic Recording of Interrogations
In a news story published yesterday, Delaware’s News Journal reported that the state’s Attorney General Matt Denn is circulating draft guidelines that would recommend that all law enforcement agencies in the state implement the electronic recording of all custodial interrogations. Currently, a number of the larger law enforcement agencies in Delaware record interrogations, but their practices vary. The Innocence Project, which has long advocated for the electronic recording of interrogations as a safeguard against wrongful convictions stemming from false confessions, applauded Denn for issuing the guidelines, but believes they should be required, not voluntary, to ensure uniformity in practice. The Attorney General could ensure that law enforcement agencies implement these guidelines by including a clause that says prosecutors will not use statements obtained in nonrecorded interrogations. "They are good guidelines," said Innocence Project…
↧
↧
{New Blog Post} The "family business"
Family Business DefinedA "family business" is an enterprise owned or controlled by members of the same family. The term refers to the actual dollars and cents ownership of the business, rather than its legal structure. In terms of an active trade or business, the term "family business" alerts business people to the hybrid psychological dimensions of businesses and family dynamics. However, many entrepreneurs may be uncomfortable with the term because of negative connotations related to nepotism, as well as a perception that a family business is somehow not as professional as a nonfamily business.Businesses owned by families account for approximately 90 percent of businesses in the United States. Although family businesses range from small sole proprietorships to Fortune 500 companies, most are relatively small. Nevertheless, they share many characteristics, challenges, and problems unique to family businesses; the fact that many family businesses share…
↧
Law, Order, and the Presidential Campaign
Daniel Henniger has this column in the WSJ asserting that this year "law and order" will make a comeback as an issue in the presidential campaign, to the benefit of Republicans.Too late. The days when the Democrats could claim to be the party of personal or national security are long gone. In 1968, Richard Nixon tagged them with it. This time, they've done it to themselves.With the four Democratic presidents from FDR to LBJ, security was a partisan debate over details. Since 1970 and the Democrats' long march left, providing for the common defense has been leaching out of the party's DNA.I hope he is right that this issue will get a higher profile. He is certainly right about the Democrats being bankrupt on the issue, though unfortunately we have had considerable leaching in the Republican Party as well.And then of course there is Donald Trump. He is right that more people who murder police officers should be executed, but how many ways is…
↧
{New Blog Post} Features of "Family Business"
Estate Planning Consultant Steven M. Goldberg highlights characteristics or features of a family business in Chapter 1 of the 2014 edition of Matthew Bender's California Small Business Guide:For a family business entity that is an active trade or business (family businesses are frequently set up not to operate an active trade or business, but rather to manage other family investments) ownership and management are commonly concentrated in a single individual or a small number of family members and the business is managed for the benefit of the family. Goldberg further says,This characteristic is in sharp contrast to a large corporation in which professionals manage the business for shareholders who are not involved in business operations; professional managers have individual interests in preserving and enhancing their position and authority.Goldberg says,In determining whether the business should be transferred within the family or sold outright, a key…
↧
Today's criminal law/procedure cert grant
Issue summary is from ScotusBlog, which also links to papers: The three cases to be reviewed are Birchfield v. North Dakota, Bernard v. Minnesota, and Beylund v. North Dakota: whether a blood or breath test for drunk driving can be...
↧
↧
But Your Honor, Elie Said So On The Internet
It’s both unfair and very fair to lay this at my pal Elie Mystal’s feet. While he most assuredly didn’t write it, it appears under his byline and in a space under his control, ATLRedline. The first three letters refer to Above The Law, while the Redline part refers to . . . well, I really don’t know, but it’s basically where Elie lets his freak flag fly. Above The Law is a business. It started as a snarky, irreverent blog, back when David Lat wrote it, captured a huge audience, and then monetized. It still offers stuff that biglaw babies and wannabes want to know, like what firms are giving what bonuses. It still has a few outside contract writers who offer smart posts. And it offers a lot of worthless dreck because it needs to fill empty pages for whatever clicks they can get. The people writing the dreck think they/re important because their dreck is on ATL. More knowledgeable people just shake their heads. But for…
↧
Morse & Bonnie on Due Process and the Insanity Defense
Stephen Morse and Richard J. Bonnie (University of Pennsylvania Law School and University of Virginia - School of Law) have posted Abolition of the Insanity Defense Violates Due Process (Journal of the American Academy of Psychiatry and the Law, Vol....
↧
Attack Of The Killer Shills
Among the cool stuff that you never see on your side of the computer screen are the shills. Write a post critical of cops or police unions, and suddenly a bunch of lengthy comments appear from people who have never commented before offering some nonsensical rationale for the conduct, together with some similarly nonsensical attack on me for being critical. There’s a fun game I play, where I google the content of the comment, and see how many other blogs or articles include the exact same words, the exact same comment, under miscellaneous names like “John,” or “Robert.” The reader won’t be clear on how I know a comment comes from a shill, trolling the web in search of criticism and offering this carefully crafted comment prepared by a publicist to blunt the edge of criticism. But I’m clear. I have mad skillz. In time, and with experience, you can spot the shills quickly. Sometimes, it’s one or two comments. Sometimes…
↧
More Pages to Explore .....
