I’ve posted in this blog previously about how Gloucester Police Chief Leonard Campanello introduced his own Department policy of not prosecuting addicts who come in to his police department with illegal drugs and/or drug paraphernalia, seeking medical treatment for their addiction. I wrote of how sensible, humane, and long-past due this type of rational thinking is, and of how Chief Campanello’s approach should be emulated, not only across Massachusetts, but across the United States. Well, it seems that this hope, may become a reality. Through legislation recently filed by Gloucester state Representative Ann-Margaret Ferrante, persons who appear at any Massachusetts police department, seeking medical treatment for a drug addiction, would not be criminal charged or prosecuted for a Massachusetts drug offense – so long as that person is acting in good faith. Addicts seeking help with recovery could turn in unwanted heroin and other drugs,…
Massachusetts Drug Bill Would Shield Addicts From Prosecution: Smart Public Policy
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Oral Arguments in Utah v. Strieff: The Future of the Exclusionary Rule
The Supreme Court will be back in action next week, and will hear a case about the future of the exclusionary rule when it hears the arguments of Utah v. Strieff on February 22nd. The specific question is whether evidence seized incident to arrest on a minor traffic warrant, discovered during a concededly unconstitutional detention, is inadmissible under the “attenuation” exception to the exclusionary rule. Breaking the Chain of Events Evidence seized after an illegal search or detention may be admitted under three exceptions to the exclusionary rule: (1) the independent source exception, (2) the inevitable discovery exception, and (3) the attenuation exception. The attenuation exception applies where the police engaged in unlawful conduct, but the unlawful conduct was not the proximate cause by which the police obtained the evidence, because of an intervening circumstance breaking the causal chain. Under the attenuation exception, the intervening…
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Remanded To Fantasy Island
As Radley Balko frequently points out when a cop shoots someone, the story includes a vague, passive phrase, like “officer-involved shooting,” or my favorite, “the gun discharged,” as if it went off by itself, magically causing a bullet to emit from a barrel at great velocity into the body of a human being. Because that way, it conveys the impression that a person did nothing wrong, but, well, things just happen. And the New York Times has embraced the idea that when it comes to reforming the travesty of pre-trial detention, the problem is an Island. The name of the island now is Rikers. The Times proposes that it be renamed Browder Island, but what it really wants is to call it Fantasy Island. Any serious effort to repair criminal justice in New York City must do something about Rikers Island, the jail complex in the East River where justice goes to die, or at least be severely beaten. The Times has reported for years on the savagery…
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ID: A 15 year old runaway on the property is an exigent circumstance
The search of defendant’s shed for a 15 year old runaway was reasonable on exigent circumstances, and there was a no contact order between them. State v. Smith, 2016 Ida. App. LEXIS 20 (Feb. 16, 2016). Defendant moved to suppress an interview card from a stop two years before CSLI was sought on defendant. The government’s application for the CSLI shows that it wasn’t connected to the interview card. Also, removing the challenged information shows that it was independent. United States v. Porter, 2016 U.S. Dist. LEXIS 20260 (E.D.Tex. Feb. 18, 2016).* The state appealed the grant of defendant’s motion to suppress his statement and consent, and the court reversed. He wasn’t in custody although the interrogation was lengthy. It wasn’t confrontational, and he voluntarily consented to a search after eating dinner. People v. Buschauer, 2016 IL App (1st) 142766, 2016 Ill. App. LEXIS 78 (Feb. 16, 2016).*
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Page Pate discusses federal law on terrorism in Michigan case
An online CNN article cites attorney Page Pate’s writings on the federal determination of whether or not a mass shooting is terrorism, specifically in regards to the Kalamazoo shooter. The post Page Pate discusses federal law on terrorism in Michigan case appeared first on .
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Vagle on Structural Surveillance
Jeffrey L. Vagle (University of Pennsylvania Law School) has posted The History, Means, and Effects of Structural Surveillance on SSRN. Here is the abstract: The focus on the technology of surveillance, while important, has had the unfortunate side effect of...
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NY Co.: Overbreadth in email warrant doesn’t require suppression of all emails; third party doctrine should be revamp for the electronic era
The New York eavesdropping statute only applies to communications in transit, not to emails. Despite the overbreadth of the email warrant, the court won’t suppress all the emails. Those that are suppressed have to be returned. The court argues for revitalization of the third party doctrine in Part 6 of the opinion. People v. Thompson, 2016 N.Y. Misc. LEXIS 471, 2016 NY Slip Op 26045 (N.Y. Co. Feb. 17, 2016): In determining the remedy for the overbroad warrants in this case, however, the Facebook court’s conclusion that the third-party doctrine negates any Fourth Amendment protection for subscriber communications seized from an ISP is controlling. The third-party doctrine is based on a long line of clear legal authority, most significantly the United States Supreme Court’s decision in United States v. Miller, 425 U.S. 435, 96 S. Ct. 1619, 48 L. Ed. 2d 71 (1976). The doctrine has also been subject to significant criticism, however. As Justice Sotomayor argued in…
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United States v. Apple: Hearts v. Minds
Many people laughed at the absurdity of the government’s pandering to the clueless, the appeal to emotion of the poor victims, the desire for safety uber alles. Oh no, let’s argue about the nuances of technology, the ability of Apple, or perhaps its employees, to refuse to write code, the levels of harm that creating a backdoor will cause, both here and abroad, and how it will be used over and over, despite government hacks’ protests to the contrary. When the response was that all of this missed the point, missed the mark of what the decision-makers would focus on, the reply was “no way.” Meet the nice folks at Pew. The folks over at Pew Research usually do pretty good work, but they decided to weigh in on the Apple / FBI backdoor debate by asking a really dumb poll question — the results of which are now being used to argue that the public supports the FBI over Apple by a pretty wide margin. The appeal to safety is…
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CAAF: Consent was withdrawn before seizure, and seizure lacked PC; no GFE for later SW
Defendant orally withdrew his consent before seizure of his computers and again in writing the next day. The seizure violated the Fourth Amendment because there wasn’t probable cause at the time, and that undermines the government’s alternative argument that the good faith exception applies. Inevitable discovery cannot apply either because the government didn’t know enough at the time. United States v. Hoffmann, 2016 CAAF LEXIS 120 (C.A.A.F. Feb. 18, 2016): Appellant argues that none of the facts and circumstances provided to and relied upon by the search authority established a nexus between the attempt to entice children on the street to commit sex acts and the possession of child pornography on his digital media. We agree. No evidence connected Appellant’s acts to his possession of child pornography. In place of the missing evidence, both the military judge and the CCA found persuasive language from an opinion by the United States Court of Appeals for…
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St. Patrick’s Day OVI Checkpoints Are Coming – Be Prepared
This is a reminder to sign up for the free DaytonDUI text alerts prior to the St. Patrick's Day OVI checkpoint onslaught. Just text DaytonDUI (one word) to 313131 and you're all good. We have improved the service so that it remains useful and free. We are in the process of re-re-re-inventing the DaytonDUI app agains, so stay on the lookout. If you need the help of an attorney 24-7 please call Charlie at DaytonDUI at (937) 776-2671. During the day call (937) 318-1384 to schedule a free consultation.
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Law Writing 101: Don’t Make People Stupider
For reasons that are unclear, I get an invitation every year to attend the Loyola “Journalist Law School.” No, not to teach, but to learn. Because it’s not like I’m, you know, a lawyer or anything. The challenge of reporting on the legal system without a law degree is daunting. To help support journalists who cover the courts on national, regional or local levels, the Civil Justice Program at Loyola Law School, Los Angeles, has developed the journalist law program consisting of a four-day intensive seminar on the legal system. Putting aside the fact that whoever sends out the emails promoting this seminar isn’t paying a lot of attention, the concept is great. Journalists, with certain exceptions, absolutely suck at understanding law. This isn’t to say that they should have the depth of understanding that a practicing lawyer would have, or that they should stop focusing on salacious detail in favor of boring legalistic stuff.…
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Former Quarterback Vince Young Arrested on Drunk Driving Charges
We often hear about the issue of whether athletes and other celebrities should be role models to young children. Some argue that they have a responsibility to set a good example with their behavior on and off the field, and others would say that it is up to parents to set that good example. Regardless of where you come down on this issue, it is clear that young children who are into sports idolize their favorite athletes. For this reason, they are often held to a high standard, and, when something like a drunk driving arrest happens, it tends to make national news. According to a recent news feature from the New York Post, former Buffalo Bills starting quarterback, now retired, Vince Young was recently arrested for drunk driving. Police say defendant, now 32 years old, was charged with a misdemeanor of driving while intoxicated. He was allegedly driving well in excess of the posted speed limit and was weaving over the double yellow line into lanes of oncoming traffic. Police…
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5 Good Reasons Divorcing Parents Should Make Co-parenting Work for Their Children
5 Good Reasons Divorcing Parents Should Make Co-parenting Work for Their Children 5 Good Reasons Divorcing Parents Should Make Co-parenting Work for Their Children Divorce can be extremely difficult, but when a divorce includes arranging custody for children, matters can seem even more stressful so it is important to make co-parenting work for their children. Every court I practice in admonishes every parent that appears before them that they should share the responsibilities and custody of their children and howimportant to make co-parenting work for their children. This is known as co-parenting, and has proven to be an extremely effective way of ensuring that children do not suffer as a result of a marriage breakdown. Because it is so important, I want you to know my 5 good reasons divorcing parents should make co-parenting work for their children. My 5 Good Reasons Divorcing Parents Should Make Co-parenting Work for Their Children – #1 Children Feel Secure If a…
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WHAT HAPPENS IN VEGAS
UPDATE: Just left the REGJB Thursday morning. Tried to use the Wifi. No luck. Saw the signal. Couldn't log on. Back to carrier pigeons. Michael Hernandez, who committed first degree murder as a fourteen year old student, had a new sentencing hearing and was sentenced again to life in prison by Judge John Schlessinger, who presided at the original trial. Hernandez was represented at the new sentencing by the PDs office, who did as good a job as they could. A long time ago Sy Gaer told us that even the best lawyer can't change all the facts of a case. If you don't know who Sy was, please leave now. You're not welcome here. DOM has all the details on a bad day for lawyers in Broward. One was arrested for a horrendous child-sex porn case, and the other was arrested for forging judge's signatures approving payouts for structured settlement cases. Usually the news is a Broward judge getting arrested, so this is a change. 22-…
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Former judges and Justice in Washington urge state's current Justices to strike down state's death penalty
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USEPA Announces National Enforcement Initiatives for 2017 through 2019
On February 18, 2016, the USEPA announced its seven “National Enforcement Initiatives” for the 2017 through 2019 fiscal years. Five of the initiatives are hold-overs (one expands its focus, however) and two are new. The National Enforcement Initiatives are: Keeping Industrial Pollutants Out of the Nation’s Waters (new initiative) Reducing Risks of Accidental Releases at Industrial and Chemical Facilities (new initiative) Cutting Hazardous Air Pollutants (expanded initiative) Reducing Air Pollution from the Largest Sources Ensuring Energy Extraction Activities Comply with Environmental Laws Keeping Raw Sewage and Contaminated Stormwater Out of the Nation’s Waters Preventing Animal Waste from Contaminating Surface and Ground WaterThe top enforcement priority is to protect safe drinking water, and three of the initiatives include a focus on keeping pollutants out of drinking water sources. The top enforcement priority is to protect safe drinking water, and…
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2016.004: Why Criminal First Amendment Cases Matter
Chris was charged in Texas with Online Solicitation of a Minor under Section 33.021(b) of the Texas Penal Code. He hadn’t tried to solicit anyone, but he had allegedly communicated sexually explicit words to a minor with the intent to sexually arouse or gratify himself or the minor. Jack was charged in Georgia with Obscene Internet Contact with a Child under Georgia Code 16-12-100.2(e). He hadn’t had obscene contact with anyone, but had allegedly communicated sexually explicit words to a child with the intent to sexually arouse or satisfy himself or the child. I stood up in the highest courts of Texas and Georgia to argue that 33.021(b) and 16-12-1002(e) violated the First Amendment by forbidding a real and substantial amount of protected speech. Texas agreed with me; we will find out by July whether Georgia does. You might ask yourself, “how is that protected speech?” The boiled-down judicially conservative answer is that speech is protected unless it…
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Courts Punishing DUI Drivers With Multiple Offenses [Including Montana Man Who Killed Teacher]
Judges are doling out some harsh punishments for drivers who don’t learn their lessons after their first DUI conviction. State laws offer guidelines for punishment; under California Vehicle Code 14601.2, for example, people with a second conviction for a DUI in Los Angeles may face up to 180 days in jail and a $2,000 fine. But judges do have some leeway, and many are choosing to be severe. In Montana, a man who violated his parole after killing a 27-year-old teacher in a DUI-related accident will serve 10 years in prison. DailyInterLake.com reports that Jason DeShazer spent 3 ½ years in jail on a negligent homicide conviction before his release. He was arrested again in September 2015, when police picked him up for a DUI on a motorcycle and with driving without a license. In another incident in that same month, police who had stopped him on suspicion of DUI found him with methamphetamine and heroin in his vehicle. The judge ordered DeShazer back to prison to serve…
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NYTimes: Apple Is Said to Be Trying to Make It Harder to Hack iPhones
NYTimes: Apple Is Said to Be Trying to Make It Harder to Hack iPhones by Matt Apuzzo and Katie Benner: WASHINGTON — Apple engineers have begun developing new security measures that would make it impossible for the government to break into a locked iPhone using methods similar to those now at the center of a court fight in California, according to people close to the company and security experts. If Apple succeeds in upgrading its security — and experts say it almost surely will — the company will create a significant technical challenge for law enforcement agencies, even if the Obama administration wins its fight over access to data stored on an iPhone used by one of the killers in last year’s San Bernardino, Calif., rampage. If the Federal Bureau of Investigation wanted to get into a phone in the future, it would need a new way to do so. That would most likely prompt a new cycle of court fights and, yet again, more technical fixes by Apple.
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NYTimes: The Apple Case Will Grope Its Way Into Your Future
NYTimes: The Apple Case Will Grope Its Way Into Your Future by Farhad Manjoo: If every device can monitor you, and if they can all be tapped by law enforcement officials under court order, can anyone ever have a truly private conversation? Are we building a world in which there’s no longer any room for keeping secrets?
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