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The Republic of Kazakhstan, the Subpoena and the Domain Name Registration Company

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This post examines an opinion from the Court of Appeals of Washington – Division 1:  The Republic of Kazakhstan v. Does 1-100, 2016 WL 698409. The court begins  by explaining that theRepublic of Kazakhstan initiated a California state court lawsuit against 100 unnamed`John Doe’ defendants. Kazakhstan alleged that these defendants hacked into Kazakhstan's government computer network and stole and published hundreds of privileged and confidential e-mails from high-ranking Kazakh officials in violation of California and United States law.In connection with that lawsuit, Kazakhstan requested that the King County Superior Court issue a subpoena duces tecum to eNom, Inc., an Internet domain name registration company located in Kirkland, Washington. The subpoena seeks domain name registrant information and Internet Protocol (IP) and/or Mac addresses for a website operated by `Respublika,’ an opposition newspaper based in Kazakhstan that published…

With Final Rules on the Horizon, CFPB Highlights Prepaid Cards in Monthly Complaint Report

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The Consumer Financial Protection Bureau (CFPB) highlighted prepaid cards in its most recent Monthly Complaint Report.  Prepaid card complaints make up only a small percentage of the complaints handled by the CFPB historically; however, they recently have been on the rise.  Of the 4,100 prepaid complaints handled by the CFPB since 2011, 35 percent have been filed since October 2015. Highlighting prepaid card complaints is timely, not only because of the proliferation of complaints, but also because the CFPB is expected to issue final rules on prepaid cards in the coming months.  CFPB Director Richard Cordray mentioned in prepared remarks to the Consumer Bankers Association on March 9, 2016, that “[s]oon we will be finalizing a rule to provide basic consumer protections for prepaid accounts for the first time ever, which many consumers would be surprised to learn they lack currently.”  The final rules will make federal consumer protection laws…

NE: Def didn’t have standing in his wife’s cell phone when they lived apart

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Defendant had no standing in photographs on her husband’s cell phone. They’d lived apart for five months, had separate accounts, and his was password protected. She had no right to it or the ability to exclude others; therefore, no standing. … Continue reading →

CA3: Parolee strip search in his own home was reasonable

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Parole officers were properly granted summary judgment in a parolee’s claim that they unreasonably searched his property without cause. There was cause, there was no need for reasonable suspicion, and he established no material factual dispute about anything. Moreover, the … Continue reading →

S.D.N.Y.: Arrest for avoiding subway fare led to inevitably finding gun; good explanation of analytical steps

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Officers had probable cause to stop defendant for using the service gate at the Bronx 233d St. subway station without paying. He was a frequent flyer, as it were, and that led to a custodial arrest. He had a knife … Continue reading →

Female Substance Abusers Will no Longer be Subject to Civil Commitment at MCI Framingham

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Governor Charlie Baker recently signed a new bill, which will go into law ninety days after it was signed on January 25, 2015. The law specifically impacts civil commitments for individuals struggling with substance abuse. Under G. L. c. 123, § 35, a police officer, doctor, family member, guardian, or court official may petition a judge in the district or municipal court to civilly commit a person whom he or she has reason to believe is an alcoholic or substance abuser. The court must then hold a hearing to determine whether: (1) the person is an alcoholic or substance abuser; and (2) there is a likelihood of serious harm as a result of the person’s alcoholism or substance abuse. If the court determines that the individual meets the above referenced criteria , the court may order the person to be civilly committed for a period not to exceed ninety days. According to the statute, the commitment is for the purpose of inpatient care in public or private facilities…

Cell Phones and Search Warrants

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If you are arrested by the police and charged with a criminal offense, you have certain rights. Most of us are familiar with the traditional Miranda warnings of your rights to remain silent and speak with an attorney. But you…Read more ›

Do I need a Connecticut personal injury lawyer to resolve my accident case?

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Most people who are injured in some type of an accident in Connecticut wonder whether or not they can represent themselves or do they need to hire a Connecticut personal injury lawyer. The answer to this question is; of course you can represent yourself in your Connecticut accident or injury case as there is no requirement that you hire a CT accident attorney. That of course is the easy answer. You could also attempt to remove a bad tooth without hiring an oral surgeon or a dentist but that might not be in your

So you’ve been accused of academic misconduct. Here’s what you need to know.

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So you’ve been accused of academic misconduct. Here’s what you need to know. If you or your child is accused of engaging in academic misconduct, you’ll get a crash course in how the college or university bureaucracy works to process these cases and sanction students. Before that happens, you should be aware of a few key points. #1: Academic misconduct is a big category In a previous post I explained how colleges define plagiarism, probably the most common form of academic misconduct. Colleges will sanction students for plagiarism if the student intentionally or accidentally copies, quotes without proper attribution, or incorporates language or ideas from some other person into his or her work. Colleges also deem it plagiarism if students work together on an assignment but do not list their co-collaborators on the work they turn in. Research misconduct is another form of academic misconduct we frequently address. Research misconduct arises mostly in the hard…

DUI conviction leads to 32-year sentence for Florida man

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The crime of Driving Under the Influence, commonly referred to as DUI or DWI, can have very serious consequences. Many times, DUI offenders have never been arrested before and their mistake may have led them to their first brush with law enforcement. Recently a judge in West Palm Beach, FL gave a 1st time offender a 32-year sentence for a DUI conviction. That DUI did result in a crash that led three people dead but similar convictions have led to far more lenient sentences. For the defendant, Mr. Keith Richard Jenkins, the sentence seemed overly harsh and he has blamed his attorneys for the lengthy sentence. Of key importance to the sentencing decision was an investigation after the conviction was secured which revealed that Mr. Jenkins continued to party after the DUI incident playing a game of beer-pong. Sometimes a lawyer must explain more than just the law to their client and provide counseling beyond that of what the law entails. Unfortunately for Mr. Jenkins, his counsel…

Injured by a dog in CT? Then you need to know this!

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Our Connecticut dog bite lawyers have been contacted by many people who have been injured by a dog.

Judge Uses ABA CJS "Shadow Guidelines" To Sentence CEO

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In November 2014, the American Bar Association Criminal Justice Section Task Force on the Reform of Federal Sentencing for Economic Crimes published its final report. The report recommended major changes to the structure of the Federal Sentencing Guidelines for economic...

Can Body Cameras Assist in DUI Stops?

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It’s no big secret that many people have come to distrust law enforcement. The public distrust peaked in recent times after the highly publicized, and criticized, officer-involved shootings of Kelly Thomas, Eric Garner, Michael Brown, and Freddy Gray, to name a few. In response, several law enforcement agencies began to issue body cameras to their officers with the hopes that incidences like these stop or, at a minimum, provide unbiased, objective information on what actually occurred. In fact, even President Barack Obama urged law enforcement agencies throughout the country to issue body cameras to officers and offered $20 million in federal funds towards obtaining them. As of April this year, Davis Police will be the latest law enforcement agency to be equipped with body cameras to record interactions with the public. “It’s a great evidence-gathering tool for us,” said Lt. Tom Waltz. “It’s also another level of transparency. In situations…

it is Illegal in Florida to Audio Record Someone Without Consent and Disclose the Recording

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States have different laws dealing with whether you can record a person's oral communications and disclose it to the police or use it as evidence in court. Some states allow such a recording as long as just one party to the discussion agrees, even if the consenting party is also the party recording the conversation. In Florida, it is illegal to record an oral communication unless the people communicating know of the recording and consent. Therefore, in Florida, you cannot secretly record a private conversation with another person and then disclose it or use it in court. There are exceptions to this rule. As discussed, consent is one of them. It is not uncommon to have a phone conversation with a business and be told that they are recording the conversation. In that case, the recording is legal, and the conversation could be used later in court. The rule about recording private communications would seem to be more important these days as just about every cell phone…

Drunk Driver Shot to Death by Cop

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In today’s news…. Police Officer Kills Tennessee Man Fleeing ArrestLenoir City, TN.  Mar 14 – A Tennessee police officer shot and killed the driver of a pickup truck the officer was trying to arrest for suspected driving under the influence, authorities said on Monday. Joshua Grubb, 30, of Clinton, Tennessee, was killed on Sunday morning at around 1 am ET after he tried to flee the scene in Lenoir City, Tennessee, the Tennessee Bureau of Investigation and the Lenoir City police said. Lenoir City is about 30 miles southwest of Knoxville. The officer, Tyrel Lorenz, was sent to investigate a possible DUI after a 911 call and spotted the truck matching the description of the vehicle in question at a convenience store, the TBI and Lenoir City police said… The officer made contact with the three occupants and had placed Brandon Taylor, one of the three in the truck, in handcuffs when Grubb began to drive away. The officer jumped then into the…

Saratoga Springs Bus Driver Arrested For Possible DUI

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A bus driver transporting special needs children in Saratoga Springs Utah was arrested last week for a possible DUI. DUI or unsure footing? 52 year old Sherry Lund was transporting a small group of special needs kids from an Alpine School District elementary when a parent noticed her stumble getting a child off the bus. […] The post Saratoga Springs Bus Driver Arrested For Possible DUI appeared first on Salt Lake Criminal Defense.

ESPN Outside the Lines on AdvoCare

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UPDATE: The television segment has been pushed back, but the article will still be out today. I will post a link as soon as I have it. ESPN has been investigating AdvoCare, a multi-level marketing company that sells a “business opportunity” using nutritional products as their hook. Today, ESPN’s investigative news show Outside the Lines is running a segment in AdvoCare, airing at 1:30pm Eastern time. The broadcast will be replayed on Sunday, March 20th at 9:30am Eastern time. The broadcast must be good, because Advocare launched into damage control mode a few days ago. The company has posted a video that purports to be an excerpt from the interview, but it is clearly a self-promotional piece. They also are promoting the hashtag #AdvoStrong. on Twitter. In conjunction with this broadcast, ESPN the Magazine is publishing an article about AdvoCare by Mina Kimes. Please check out both the segment and the article, as they both help shine a light on the negative…

Chief Engineer MARPOL Conviction Overturned by Fifth Circuit Court of Appeals

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As reported by my good friend, George Chalos (it pays to ALWAYS challenge everything): On March 14, 2016, the Fifth Circuit Court of Appeals entered an Opinion in United States of America v. Matthaios Fafalios, 15-30146, vacating the judgment of conviction against the chief engineer of the TRIDENT NAVIGATOR and remanding the matter to the District Court for the Eastern District of Louisiana for entry of a judgment of acquittal in accordance with Fed. R. Crim. P. 29.    Matthaios Fafalios, a Greek seafarer, was wrongfully charged and convicted in December 2014 for the crime of “failing to maintain an oil record book aboard a foreign-flagged merchant sea vessel, in violation of 33 U.S.C. § 1908(a) and 33 C.F.R. § 151.25.”   At the close of the government’s evidence at trial, Mr. Fafalios moved for judgment of acquittal pursuant to Fed. R. Crim. P. 29 on the grounds that the government failed to prove beyond a reasonable doubt that…

Pennsylvania Appeals Court Holds Driver’s Arrest Was Supported by Probable Cause

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The Pennsylvania Superior Court recently upheld appellant Renaire Lewis’s conviction for DUI despite his argument that the stop violated his Fourth Amendment rights. In the early morning of July 2014, Lower Pottsgrove Police Sgt. Greenwood was investigating a vehicle (“Vehicle 1”) stopped on Buchert Road, which was blocking the lane. During his investigation, Sgt. Greenwood heard a second vehicle (“Vehicle 2”) driven by Lewis accelerating toward him. Sgt. Greenwood attempted to alert Lewis of the danger by waving his flashlight, but appellant continued to drive toward the obstruction. Lewis then slammed his brakes, causing his tires to screech. As Lewis decelerated, he swerved into the eastbound lane of Buchert Road to avoid colliding with Sgt. Greenwood or Vehicle 1. After Lewis stopped, Sgt. Greenwood approached his vehicle and observed an unusual number of air fresheners. Sgt. Greenwood then ordered appellant to back up and park behind the…

MN Police Found Practicing ‘Professional Courtesy’ During DWI Incident

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The idea that cops shouldn’t ticket other cops is common and known in inner law enforcement circles as “professional courtesy.” It’s also especially prevalent when it concerns potential DWI arrests. KARE 11 recently reported on the practice – highlighting an incident this past November when officers in Blaine, Minnesota responded to a call, finding a man passed out in the driver’s seat of his vehicle. The car was running but placed in park in a parking lot. The footage was caught via a police dash cam video obtained by the news organization. When the officers had the man step out the vehicle, he had trouble following basic orders and eventually blew a .202 on the breathalyzer – more than double the legal limit under state law. Officers were ready to arrest the suspect, but upon realizing he was a fellow officer via his ID, reversed course and instead arranged a ride home for him. No arrest occurred and no reporting of the incident took…
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