Yesterday (Friday) afternoon we were in the Southern District of NY and after a late morning court contretemps we repaired to Per Se ( do not miss the Australian Kampachi and Avocado sorbet), where we had a truly spectacular lunch. That was followed by our viewing of the thoroughly enjoyable and remarkably staged "The Curious Incident Of the Dog At Night." We ended the night with a long enjoyable repast at Sake Bar Hagi. The point of recounting our daily travails is not to engage in a rodomontade of our daily existence, but to reflect upon the shortcomings of our South-Beach-centric existence in Miami. The glory of NYC, or Boston or Chicago, are the neighborhoods. The intensity of lower Manhattan, the elegance and refined and relaxed pace of the Upper West Side and Per Se, and the "showtime" excitement of Broadway. New York has existed for four hundred years. The imminent melting of the ice caps means that not only will…
THE CURIOUS INCIDENT OF RUMPOLE AWAY
↧
↧
"Racial Disparities in Youth Commitments and Arrests"
↧
On the cost-benefit analysis of enforcing sex-offender registry conditions vs. investigating violent crime
Dallas PD has shut down its monitoring unit charged with driving around to make home checks for people on the sex-offender registry, reported WFAA's Tanya Eiserer in somewhat breathless tones. The story quickly devolved into Chief David Brown's critics taking pot shots at him for being soft on sex offenders, or whatever.In general, Grits adores Tanya's work. Her oeuvre from the Dallas News was magnificent and her switch to TV at WFAA, along with another Morning News expat, producer Jason Trahan, immediately vaulted that station to boasting probably the best TV crime coverage in the state, IMHO. But here, the impulse to portray conflict on TV may have overcome better journalistic instincts. (It's apparently pretty easy to get cops, especially union officials, to say nasty things about the Dallas chief these days.) She essentially portrays an argument among cops (all the sources) on the cops' narrow terms of debate. What the article didn't address…
↧
OH5: Entry permitted by 911 call of unresponsive person; protective sweep factually unjustified
A 911 call about an unresponsive man was justification for a warrantless entry into defendant’s apartment, but no facts justified a protective sweep once inside. Heroin in bedroom suppressed. State v. Levengood, 2016-Ohio-1340, 2016 Ohio App. LEXIS 1227 (5th Dist. … Continue reading →
↧
Saturday Open Thread: Belated April Fools' Edition
The Aspen Daily News has a funny article about Trump getting the naming rights to Sardy Field (Aspen's airport) and his plans to turn it into an international hub. It's an April Fool's joke. There's even a photo of the new... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
↧
↧
Case o' The Week: Cops Lied, Suppression Denied -- Magallon-Lopez, Whren, and Traffic Stops
Lie to a cop? Defendant goes to jail. Lie by a cop? Defendant goes to jail.United States v. Magallon-Lopez, 2016 WL 1254033 (9thCir. March 31, 2016), decision available here. Players: Decision by Judge Watford, joined by Judges Fisher and Berzon. Compelling concurrence by Judge Berzon. Hard-fought appeal by AFPDs Michael Donahoe and Mark Werner, FPD, D. Montana.Facts: A wiretap lead officers to stop a car shipping meth. Id. at *1. The cops made an “investigatory stop,” but had not observed any traffic violations. Id. An officer lied and told the driver the reason for the stop was failure to signal properly. Id. The cops got a search warrant and found meth. Id. The driver, Magallon-Lopez, moved to suppress: his motion was denied. Id.Issue(s): “Unable to contest the existence of reasonable suspicion, Magallon–Lopez challenges the legality of the stop on a different theory. He contends that the stop violated the Fourth Amendment…
↧
NYTimes: Police Body Cameras: What Do You See?
NYTimes: Police Body Cameras: What Do You See? by Timothy Williams, James Thomas, Samuel Jacoby, and Damien Cave: Public frustration with policing has led to calls nationwide for more cameras worn by officers. But what do those cameras actually reveal?
↧
WaPo: FBI ponders sharing tool to help unlock iPhone with local law agencies
WaPo: FBI ponders sharing tool to help unlock iPhone with local law agencies by Ellen Nakashima and Adam Goldman: The FBI and Justice Department are debating whether the hacking tool that helped the bureau unlock the iPhone of one of … Continue reading →
↧
WaPo: Radley Balko’s “The Watch” Blog: Video shows white cops performing roadside cavity search of black man [quoting author]
Radley Balko’s “The Watch” Blog: Video shows white cops performing roadside cavity search of black man: For the past few weeks, I’ve been working on an investigative series about police abuse in South Carolina. I’ve found a dizzying number of … Continue reading →
↧
↧
EL AUMENTO DE LA REMUNERACIÓN MÍNIMA Y LAS REACCIONES DEL EMPRESARIADO
Cuando leo, veo u oigo las noticias siento profunda decepción por buena parte de mis compatriotas, me embarga el sentimiento de la impotencia al ver como se direcciona y manipulan los hechos, por ejemplo, se acaba de aumentar la remuneración o sueldo mínimo y su vigencia se inicia 01 de mayo del año en curso. No bien se otorgó el aumento las voces del poder, por intermedio de sus empleados criticaron la medida como populista, aumentará la informalidad y la inflación, el empleo se precarizará aun más, los candidatos que compiten para ser Presidente del País, salvo Alan García Pérez quien manifestó que era un aumento moderado y podría estudiarse un incremento mayor, el Frente Amplio impedido de oponerse pues han ofrecido elevar a S/. 1000.00 (Mil y 00/100 Soles) el mínimo actual, es más el incremento les tiende la mano y PPK declarando la…
↧
Noticing the notable nature of states now categorically banning LWOP for juvenile murderers
↧
Woman Excluded By OIG Indicted For Health Care Fraud for Failing to Notify Employer Home Health Agency of Her OIG Exclusion
In the past, individuals and entities excluded by the Office of Inspector General (OIG) have usually not been prosecuted for fraud. A recent Indictment shows that the government is going to be more aggressive in pursuing individuals excluded by OIG if they fail to notify their employers of their exclusion. If OIG excludes an individual or entity it means that no payment can be made by a federal health care benefit program (or state program that received federal funds) for services provided by that individual. The United States Attorney’s Office for the Middle District of Pennsylvania announced on March 31, 2016 that China Scott of Pennsylvania was indicted by a federal grand jury for Health Care Fraud for allegedly failing to notify her employer at Cool Waters, a home health care agency that she was an "excluded person" by OIG. Ms. Scott was excluded by OIG due to two previous health care fraud convictions.According to the Indictment,…
↧
OH9: Randolph doesn’t require target be asked for consent first
Defendant’s wife consented to the search of their house. There is no duty of the police to first ask the target of the search for consent under Randolph. The claim her consent wasn’t voluntary wasn’t in the motion to suppress … Continue reading →
↧
↧
CA9: Officer’s lie to def about basis for stop isn’t a Fourth Amendment violation
Officers had reasonable suspicion for the traffic stop based on wiretaps. The fact the officer deliberately lied to defendant about the basis of the stop doesn’t violate the Fourth Amendment. United States v. Magallon-Lopez, 2016 U.S. App. LEXIS 5891 (9th … Continue reading →
↧
Six Victims Injured in Mass. Drunk Driving Crash
According to a recent news report from the Boston Globe, a total of six people were injured in what is alleged to be a drunk driving crash that occurred in Bourne, Massachusetts. Authorities believe that there were several factors that led to five of the six victims being severely injured, including alcohol, speeding, and inclement weather. Police also alleged the 18-year-old at-fault driver was under the influence of alcohol at the time of what they are classifying as a mass casualty accident. Witnesses say a Toyota Camry containing five, underage male occupants from the town of Sandwich, Massachusetts was traveling at a speed that was not safe for the snowy weather. As they were driving down Route 6, police believe the driver of the Camry lost control of his vehicle while trying to navigate a sharp turn. At this point, he crossed over into the lane of oncoming traffic and crashed into a Toyota Corolla. Authorities have said the 34-year-old driver was…
↧
DMN 'Watchdog': Probation fees turn POs into bill collectors
Good stuff from Dave Lieber in his "Watchdog" column at the Dallas Morning News yesterday about how high probation fees impact offenders' success or failure on probation. He wrote, in critical part:Attention has turned to a fault line in the adult probation world. The crack is that probation officers across Texas are required to serve as bill collectors more than rehabilitators. In Bell County, half of the office payroll comes from probation fees. If those on probation don’t pay, paychecks can’t get cashed.In our area, half the office budget for Collin County’s probation budget comes from fees as well. In Denton and Dallas County, it’s closer to 40 percent.That causes a conflict about what the job of probation officer actually is. Another problem: When a probationer can’t pay a fee and gets punished, his or her family suffers, too, which community experts say can lead to a cycle of poverty for everyone.One probation officer…
↧
Connecticut Eavesdropping 101: Is it Against the Law in Connecticut to Secretly Record a Phone Call?
The best Connecticut criminal lawyers and attorneys in Stamford, Greenwich, Darien and Westport Connecticut get this question all the time: is it against the law for a party to a phone call to secretly record the phone call without the other caller’s knowledge or consent? The legal questions arises often among the best Greenwich and Stamford Connecticut divorce and family lawyers who are embroiled in nasty below-the-belt divorces. Top Connecticut criminal lawyers get retained to consult on eavesdropping issues in the course of bitter business litigations and disputes where secret phone recordings mysteriously pop up in discovery. And if you’re a top Greenwich, Stamford or Connecticut divorce lawyer or family attorney and need to advise your client on whether it’s legal to secretly record phone conversations, then you should have a handle on Connecticut—as well as federal—eavesdropping laws. So what’s the latest on Connecticut and federal…
↧
↧
FL3: Asking for consent while holding DL makes consent involuntary
While the stop lasted only 11 minutes, asking for consent while holding defendant’s driver’s license makes the consent involuntary because the defendant is not free to leave. Villanueva v. State, 2016 Fla. App. LEXIS 4891 (Fla. 3d DCA March 30, … Continue reading →
↧
"Unfinished Project of Civil Rights in the Era of Mass Incarceration and the Movement for Black Lives"
↧
Top-Ten Recent SSRN Downloads in Criminal Procedure eJournal
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 480 Defending the Indefensible? The Increasingly Difficult Job of Defending Soldiers Accused of Sexual Assault Mason S. Weiss Government of the United States of America - Army Date posted...
↧
More Pages to Explore .....
