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: December 14, 2015 2:15 p.m. Please direct questions to the District Office On December 14, 2015, at approximately 10:00 am, the Idaho State Police investigated a two-vehicle crash on I84 near milepost 177, in Jerome County. Daniel Paiz, 59, of Twin Falls, was driving westbound in a snowplow, plowing the lane. Scott Leven, 55, of Logan, Utah, was driving westbound in a 2014 Kenworth Semi. The semi struck the rear of the snowplow. Both drivers were wearing seatbelts and were not transported. The lane was partially blocked for an hour approximately an hour while crews worked to remove the vehicles. The crash is under investigation by the Idaho State Police. HG/JW…
2 vehicle crash in Jerome County
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A Property Owner in Florida May Not Have a Right to Privacy in Leased Premises
In Florida, an owner of property has strong constitutional privacy rights in his/her property. This means that, with few exceptions, the police cannot enter to search that property with consent from the homeowner or a valid search warrant. If the police knock on a property owner's door and request to search the property, the owner has every right to refuse. This right to privacy generally does not change when the property owner takes in a roommate or tenant. It generally does not change when the owner leases the property entirely to someone. However, it depends on the circumstances. The general idea is that if the law recognizes that the owner had a reasonable expectation of privacy in the property, even if it is leased to someone else, the owner maintains his/her privacy rights in that property with respect to the state. This means the owner can refuse entry into the property or challenge a search of that property by police in court. Two examples may…
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Second Degree Assault and Endangering the Welfare of a Child Dismissed: Knife Injury to Eye of Child an Accident
I have discussed it many times on the NewYorkCriminalLawyerBlog.Com. Endangering the Welfare of a Child, New York Penal Law 260.10, may not be the most serious offense in New York’s criminal code, but it is a crime that is horrifically stigmatizing and one that carries up to one year in jail upon conviction. There is no way around it. An accusation of Endangering the Welfare of a Child cannot be ignored or brushed aside. It is bad enough if the child is not your own, but if the minor is your son or daughter you should expect that either the Administration for Children Service (ACS) or Children Protective Services (CPS) will be knocking on your door to open their own parallel investigation. Simply, when an allegation is untrue or there is a misunderstanding, the consequences of an Endangering the Welfare arrest will not merely go away. Law enforcement is always overly cautions and often for the right reasons even if the accused has done nothing wrong. A recent example of…
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EVEN MORE AND MORE EVIDENCE OF THE DECLINE OF WESTERN CIVILIZATION
With apologies to Roy Black, but here is even more evidence of the decline of Western Civilization:Item One: A Miami lawyer was arrested recently for bringing a loaded firearm into Disney World.This is what he was imagining: Orlando Sun Sentinel: LAWYER SAVES CIVILIZATION "An alert Miami lawyer saved the world today when he intercepted a rogue band of ISIS warriors who had snuck over the boarder in a small vessel painted "Trump's Yacht". Once in the United States, the ISIS fighters rendezvoused at Frontier Land before heading to the famous It's A Small World ride. 'I saw a muslim looking man carrying a small device. He looked out of place on the It's a Small World Ride. I was suspicious. I said to myself: 'self, that looks like a small thermo-nuclear weapon'. I withdrew my firearm and ordered him to halt. He said "Allah ahkabar" and attempted to detonate the device but first I shot his hand away…
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Monday Open Thread
Thread. [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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News Scan
Most Gun Control Policies Ineffective, Study Finds: A report published earlier this month suggested that the policies proposed by gun control activists over the years are ineffective, concluding that "regulating firearms was less important than focusing on who possesses those firearms." Stephen Gutowski of the Washington Free Beacon reports that the study, authored by David Kopel and published Dec. 1 by the Cato Institute, analyzed real-world examples of universal background checks, bans on high-capacity magazines, and bans on assault weapons in the U.S. and internationally to determine their effectiveness, finding that improved access to mental health care "would likely have the biggest impact on preventing both mass shootings and everyday violent crime." Kopel notes that approximately one-fifth of U.S. homicides are committed by individuals with severe mental illness, so rather than infringe on the constitutional rights of…
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Richardson Police, Dallas County Felony Tampering With a Governmental Record Case No Billed
Mr. Lowe’s client was a college student at a hotel party in Richardson, Texas with underage students drinking alcohol. When Richardson police arrived to breakup the underage drinking at the party, Richardson police requested to see the client’s Identification. The client showed Richardson Police a fake ID from West Virginia. After confirming the ID was fake, Richardson police arrested the client and charged him with a violation of Texas Penal Code section 37.10(c)(2)(A). The crime Mr. Lowe’s client was charged with was a 3rd degree felony which is punishable by up to ten (10) years in prison and a fine not to exceed $10,000. Mr. Lowe’s client was on full academic scholarship at a major University. Mr. Lowe’s client had never before been arrested. Mr. Lowe’s investigation and other work resulted in a “No Bill” from the Dallas County Grand Jury. In other words, the Dallas County Grand Jury…
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Kleck on Large-Capacity Magazines and Mass Shootings
Gary Kleck (Florida State University College of Criminology and Criminal Justice) has posted Large-Capacity Magazines and the Casualty Counts in Mass Shootings: The Plausibility of Linkages on SSRN. Here is the abstract: Do bans on large-capacity magazines (LCMs) for semiautomatic...
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How To Talk To Your Child After They’ve Been Arrested
No parent ever wants to receive that call from a police officer stating that their child has been arrested, but hundreds of parents in Minnesota get that call every day. Juvenile crimes are a result of a myriad of factors – peer pressure, impulse decisions, school or home relationships, inability to comprehend consequences, etc. – but it’s how you and your child handle the days and the weeks after the arrest that can determine their likelihood of ending up back in handcuffs. Today we’re going to share a few tips for how to talk to your children after they’ve been arrested. My Child Has Been Arrested We’ve already discussed the legal side of juvenile arrests in a past post titled “What to do if your child has been arrested,” but today we’re going to focus solely on how to work with your child after an arrest to prevent recidivism. 1. Remain Calm – This is easier said than done, but try to keep your cool. In…
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How Does A Court Determine the Value of the Property In A Divorce?
Megan Shepard – Gastonia Family Law Attorney When a divorcing couple in North Carolina cannot come to an agreement regarding the division of their marital property, the court will divide the property for them in a process called equitable distribution. In this process, the court will look at a detailed accounting of all of the couple’s assets and split them accordingly. However, how does a court determine the value of the property in a divorce? Equitable Distribution Generally, the goal of equitable distribution by a court is to provide an equal distribution of a divorcing couple’s assets to both spouses. This is done to promote fairness and equality. To do this however, the court must have a comprehensive list of all of the assets and their values. The court will look to the item’s fair market value. Fair market value is the price in which the item would fetch if it were sold on the open market, in its current state, to a reasonable person. In…
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Crime Is Worse Than You Thought -- Much Worse
There is no credible doubt that crime has fallen dramatically in the last generation, because of increased use of incarceration, more police, more aggressive and proactive policing, the aging of the most crime-prone component of the population, and probably several other factors. But even given this welcome fact, we have vastly more crime than gets reported.The crime figures I have been using (and almost all other bloggers and academics use) are taken from the Uniform Crime Reports compiled by the FBI. That source, however, gives only reported crimes. The number of unreported crimes is staggering. As you can see from the chart below derived from the BJS National Crime Victimization Survey (see here), almost all types of crime are massively under-reported. The chart shows that theft -- perhaps the most common crime -- is under-reported by over 70%; rape and sexual assault by about 65%; simple assault by 60%; burglary by just over…
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In-House, Corporate Counsel Face Impending Conflicts in Criminal Investigations
In a major speech at New York City University this past September, Deputy Attorney General Sally Quillian Yates announced that the U.S. Justice Department had issued new policy guideline that would re-focus federal corporate criminal investigations towards holding individuals responsible for their corporate criminal actions. This shift is intended to bring about, through possible personal criminal exposure, corporate reform and soothe public anger at the “too big to fail” fiasco that allowed individuals responsible for the economic meltdown escape criminal prosecution. Over the past decade, the headlines have been filled with reports of multi-billion dollar fines the DOJ has secured from major corporations for criminal wrongdoing in this country: J.P. Morgan Chase ($13 billion), BP ($4 billion), GlaxoSmithKline ($3 billion), and a host of other corporate criminal dignitaries. Public anger and mistrust has continued because only a few, mostly mid to low…
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Criminal Defenses: When the Statute of Limitations for a Crime Has Run Out
Statute of Limitations As a general rule, whenever a criminal charge is brought against a defendant, the charge is subject to a statute of limitations. A statute of limitations is a period of time that is provided by law in which the charge for a particular crime must be brought against the defendant, or else foregone. When charges are not brought within the designated time period, the charges are barred. It makes good sense and good public policy to require prosecutors to bring a case in a timely fashion, so that evidence such as DNA or fingerprints is still available, witnesses’ memories are still fresh, and defendants are not unfairly or unreasonably years and years after the alleged crime took place. MassachusettsLimitations for Common Crimes Charges must be brought in a timely manner, which begins either immediately after the crime was committed, or when a victim discovers that a crime has been committed. The length of the statute of limitations for a crime typically…
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Winter Newsletter 2015
http://ccjrc.org/pdf/Winter2015.pdf
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Expert Help with Houston Traffic Tickets
Traffic Citation in Houston? If you have been ticketed in the Houston area, or if you have a Texas Warrant or License Suspension, call (713) 222-7577 today. We are ready to give you a free, confidential consultation to discuss your rights and options. A Good Lawyer can Help, A Great Lawyer Can Win When you have been ticketed in the greater Houston area, it can be a frustrating and confusing process. The Charles Johnson Law Firm has experienced trial litigators and expert traffic ticket lawyers on staff who represent clients in Houston. Our firm represents all types of clients who include Texas drivers, tourists just passing through, and even commercial truck drivers. Our skilled team is available 24 hours/day to answer all your traffic related questions, or to get you headed in the right direction to resolve your Houston traffic issues. Anyone facing charges, from a simple traffic violation to more serious offenses within the State of…
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Former sex offenders left out in the cold by city residency restrictions
12-15-15 Wisconsin: A City of Milwaukee ordinance passed by the Common Council in July 2014 is making it nearly impossible for former sex offenders to find housing. The ordinance restricts these ex-offenders from living within 2,000 feet of any school, licensed day care center, park, recreation trail or playground. As of Jan. 16, 2015, the city released a public notice listing 55 addresses —
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Group Calls For Changes Concerning Eyewitness Identification
Charlotte DWI and Criminal Defense Attorney J. Bradley Smith of Arnold & Smith, PLLC answers the question “If I simply intend to plead guilty, why do I need a lawyer?” It’s often the most dramatic scene in any legal TV show or movie: the moment when the witness on the stand points to the person who committed the crime. Though this moment can make for great TV and is often portrayed as an authoritative identification, the reality is far murkier. Critics of current law enforcement practices involving witness identification say that reform is badly needed as innocent men and women go to prison due to faulty IDs. To find out more about the current process and the changes some say are needed, keep reading. A good example of the problem that critics (chief among them, the Innocence Project) say needs to be addressed comes from North Carolina. Back in 1985, a man named Ronald Cotton was convicted of raping a woman due, almost entirely, to her…
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Gilreath on HIV Exposure Statutes
Shannon Gilreath (Wake Forest University - School of Law) has posted Examining Critical Race Theory: Outsider Jurisprudence and HIV/AIDS - A Perspective on Desire and Power (Law and Inequality: A Journal of Theory and Practice, Vol. 33, 2015) on SSRN....
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Judge White: TN definition of "habitation" may make Aggravated Burglary non-generic
Today's published opinion in United States v. Priddy, No. 15-5136, is most exciting for Judge White's partial concurrence.First, the meat of the case. Mr. Priddy was charged with two counts of felon in possession. He has prior Tennessee convictions that include three for Aggravated Burglary, one for Robbery, and two for Burglary. Mr. Priddy wanted his attorney to objection to his ACCA classification. Counsel noted at sentencing, "I think he falls into the Armed Career Criminal category" and "the [prior convictions] that give rise to the application of [the ACCA enhancement] are three aggravated burglaries, then two burglaries of a business or of some other thing that was not a residence, and a robbery."The Sixth Circuit discussed the difference between waiting an issue and forfeiting an issue and concluded, "... where the defendant has 'explicitly agreed' that a particular guideline calculation or enhancement applies to his…
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Eustis Man Receives 37 Years in Prison for Sexually Exploiting Kids
A Eustis man has been sentenced to more 37 years in federal prison for sexually exploiting children and producing and receiving child porn. The 52-year-old was also ordered by the court to pay $2,020 restitution to the victims. According to the Department of Justice Middle District of Florida: As early as 2005, the man hid video cameras in the bathrooms of his residence so he could take pictures of four minors in his custody. In 2014, he sexually assaulted another minor in his custody and recorded the abuse with his computer. He also collected and sent hundreds of pictures depicting sexual abuse and exploitation of minors from at least 2008 to the day before his arrest on Feb. 17, 2015. This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat child sexual exploitation and abuse. Sexual exploitation is a broad category under Florida law in regards to sexual offenses, including Internet…
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