Many people are arrested by police when suspicions are raised in cases when they’re pulled over for simple traffic stops. This also frequently happens when law enforcement is given access to people’s homes for indeterminate reasons, such as a 911 call for a domestic argument that wasn’t actually serious and may have even been resolved before police arrived. For example, if a police officer notices a pouch of what appears to be marijuana with a box of rolling paper in plain view, they can possibly make an arrest, even though they were called to the scene for a totally different purpose. But in many cases, when police notice items that cause them to assume that a more substantial crime may be involved due to what they feel to be evidence witnessed with their own eyes, they may choose to further investigate and hold parties they believe to be involved as they begin and continue the inspective process. Michael Cohen is a Fort Lauderdale Criminal Defense Attorney…
Miramar Men Report Home Invasion; Arrested for $100 Million ID Theft Fraud
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Colorado Department of Public Safety releases "Marijuana Legalization in Colorado: Early Findings"
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Colorado Department of Public Safety releases "Marijuana Legalization in Colorado: Early Findings"
This new Denver Post piece, headlined "Fewer Coloradans seek treatment for pot use, but heavier use seen," reports on this notable new official state government report from Colorado (which I believe was just released today, but bears a cover date of March 2016). Here is a basic summary via the...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/_bo7QEpKl4Q" height="1" width="1" alt=""/>
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Florida Defendant Properly Charged with Driving With a Suspended License on Gas Powered Bicycle
In Florida, most people are aware that if your driver's license becomes suspended for any reason, it is a crime to drive a vehicle. It is usually a misdemeanor crime that is not treated too harshly in court. However, multiple driving with a suspended license arrests and convictions can prolong the length of the suspension which can lead to more driving with a suspended license arrests and more suspensions, and so on. Also, if you get a few driving with a suspended license convictions, you can be charged with a felony for the next one, and people often get jail time or even prison time for these charges in felony court. In a driving with a suspended license case just south of Jacksonville, Florida, a defendant was arrested while riding a gas powered bicycle after his driver's license had been suspended. The criminal defense lawyer filed a motion to dismiss the charge. One can only be convicted of driving with a suspended license if he/she is operating a…
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Two thoughtful reactions to the quick SCOTUS retroactivity work in Welch
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Un nuevo comentario desapasionado sobre las AFP y el señor Eduardo Morón
Un nuevo comentario desapasionado sobre las AFP y el señor Eduardo Morón Cuando por primera vez acudí a Prima AFP para iniciar las gestiones de mi jubilación me atendió una joven señorita muy subida de peso para su edad, como si fuera uno de los tantos viejos desinformados sobre el Sistema Privado de Pensiones, no fue descortés tampoco amable que digamos, simplemente según me lo dijo después ella “conocía al revés y al derecho el sistema”, en pocas palabras su palabra era ley y no estaba en condiciones de refutar sus amplios conocimientos. Traigo a colación sus declaraciones pues me la recordó el señor Eduardo Morón Presidente de APESEG (Asociación de empresas aseguradoras). Este caballero declaró en la entrevista que a doble página podemos encontrar en el Diario Peru 21 del día de hoy, 18 de abril de 2016. El señor…
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THE ANATOMY OF BEATING A FIREARMS CHARGE – Judges and Jurors May Not Always Support Draconian Gun Laws
A recent victory by Firearms Attorneys Tilem & Associates in Queens County Supreme Court demonstrates exactly how to beat a firearms charge even in gun hating states like New York. While New York prosecutors seek to strictly enforce New York’s draconian gun laws, it turns out that jurors and judges may not be completely sold on incarcerating lawful gun owners who run afoul of New York gun laws. The client, who lawfully purchased his firearm in Florida and who was in New York for about three weeks before being arrested, was arrested and charged after he was stopped for not wearing a seatbelt. During the car stop, the police alleged that he acted nervously prompting them to ask the client if he had any weapons in his car. The Client told the police that he had his firearm in the center console and was immediately taken out of his car and arrested. A loaded 9 mm firearm was discovered in the center console of the vehicle and the client was charged with Criminal…
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JUDGE JACQUELINE SCHWARTZ IN TROUBLE AGAIN
THE DBR REPORTS:Disciplinary troubles mounted Monday for Miami-Dade County Court Judge Jacqueline Schwartz, who was accused of being intoxicated in court and starting a drunken confrontation with staff and police at a Miami restaurant...Thee latest incident, according to the state Judicial Qualifications Commission.Witnesses said the judge "took the bench and presided over a criminal traffic docket while impaired" March 28, the commission charges said."After approximately 90 minutes, Judge Schwartz was removed from the bench by the chief judge and sent home. At first, Judge Schwartz stated that she was OK to drive herself home," the complaint said. Her bailiff drove her home in her car, but the judge couldn't remember her address or give directions and didn't recognize her bailiff or realize she was in her own car.There was also an incident on March 18 at the Ergon Greek restaurant where the police had to be called and the judge was…
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Steinhoff on Self Defense
Uwe Steinhoff (The University of Hong Kong - Department of Politics and Public Administration) has posted Self-Defense as Claim Right, Liberty, and Act-Specific Agent-Relative Prerogative (Law and Philosophy, Vol. 35, No. 2, 2016) on SSRN. Here is the abstract: This...
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Denbeaux et al. on Racial Profiling
Mark Denbeaux , Kelley Kearns and Michael J. Ricciardelli (Seton Hall University, School of Law , Seton Hall University, School of Law '18 and Seton Hall University, School of Law '08) have posted Racial Profiling Report: Bloomfield Police and Bloomfield...
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For "Drugs Minus Two" Relief, Rule 11(c) Agreements Must Explicitly Refer to Guidelines Range
In case you missed it in the excitement over the Supreme Court declaring Johnsonretroactive less than three weeks after hearing argument on the issue, the Sixth Circuit today continued its recent trend of publishing decisions rejecting motions under 18 U.S.C. § 3582 for relief under Guideline Amendment 782, aka “drugs minus two.” Fortunately, there are still plenty of ways for defendants to "shoot the gap" and gain relief. First, in February, the court in United States v. Smith, No. 15-5853, held that a defendant is ineligible for relief if Amendment 782 wouldn't have affected the original guideline range because the defendant was a career offender. This ruling doesn't apply, however, even to career offenders, if the defendant’s guideline range based on the drug guideline was higher than the range based on the career-offender…
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Ohlin on Criminal Law Casebooks
Jens David Ohlin (Cornell University - School of Law) has posted The Changing Market for Criminal Law Casebooks (Michigan Law Review, Vol. 114, No. 6, 2016) on SSRN. Here is the abstract: In the following Review, I analyze the leading...
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Disney Star Debby Ryan Charged with DUI
Debby Ryan, star of the Disney Channel show “Jessie,” was recently arrested for DUI. According to reports, the arrest happened sometime last week, when Ryan was driving around in Los Angeles. She allegedly hit a Mercedes and injured the driver. When police arrived at the scene, they arrested the 22-year-old actress for felony DUI after she performed a sobriety test. Ryan allegedly blew a .11 — the legal limit is .08 — and the authorities dropped her arrest to a misdemeanor. She’s has been released on bail, which was set at $100,000, but has been charged with driving under the influence and driving with a .08 blood alcohol level or higher. Anyone can be charged with a DUI – and this case shows that even celebrities are not immune from being arrested. Even consuming just one or two drinks and getting behind the wheel could result in disastrous consequences. Alcohol affects every person’s body differently, so it is best to…
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ISP investigates crash involving school bus in Bingham County.
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5205 South 5th Ave. Pocatello, Idaho 83204-2299 (208) 236-6466 FAX: (208) 236-6068 For Immediate Release: 4/18/16 - 9:00 p.m. Please direct questions to the District Office On Monday, April 18, 2016, at approximately 4:52 p.m., Idaho State Police investigated a two-vehicle crash with injuries at the intersection of West 600 South Road and State Highway 39 in Bingham County. Larry Smith, age 67, of Blackfoot was driving a Snake River School District #52 school bus east on West 600 South Road. Smith failed to yield at the stop sign at the intersection of West 600 South Road and State Highway 39, colliding with a 2015 Ram van driven by Braden Wanner, age 22, of Rexburg. Wanner was transported by ground ambulance to Eastern Idaho Regional Medical Center in Idaho Falls. Smith was…
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LA ONP Y LAS VERDADES A MEDIAS
Comentemos la problemática de la Oficina de Normalización Previsional El recurso más usado por quienes defienden el Sistema Privado de Pensiones (ONP) es atacar el Sistema Público, ¡está quebrado! “el déficit aumenta cada año ocho mil millones de soles”, en la actualidad –lo escuché de un señor entrevistado en el programa “Redes y Poder” en TV+ hoy 18 de abril de 2016 poco antes de las nueve de la noche (lo único que alcancé a oir), actualmente ¡se arrastran setentidos mil millones de soles!, ¡doce millones de peruanos se quedarán sin pensión!, ¡si no cotizas 20 años te quedas sin pensión! Esta letanía no es de ahora, existe desde mucho antes del ingreso de las AFP al mercado peruano, sin embargo, la pensión máxima era 80% de 10 Remuneraciones Mínimas Vitales, desde 1984…
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Capers on Policing and Technology
I. Bennett Capers (Brooklyn Law School) has posted Policing, Technology, and Doctrinal Assists (Florida Law Review, Forthcoming) on SSRN. Here is the abstract: Sounding the alarm about technology, policing, and privacy has become an almost daily occurrence. We are told...
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Trump vs Cruz vs Kasich
All news seems to have auto-play video when it comes to Republicans. Here's a thread to talk about the Republican race for the nomination. Is Kasich picking up steam? I think it will either be Trump or Kasich. No one is going to nominate Ted... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Tuesday Open Thread
Lunch break between court and the jail is over. I'm not sure when I'll get back online, so here's an open thread, all topics welcome. [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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I Am Not Making This Up, Either
In my entry here, I insisted that I was not making up the story that, while President Obama labors to reduce the sentences of heroin dealers in the midst of a heroin epidemic, he was meeting with rappers -- yes, rappers -- to plumb the depths of criminal justice issues.The New York Daily News now carries this story: "Rapper Rick Ross' ankle monitoring bracelet goes off during meeting with President Obama."Hey, look, people, this is one serious administration when it comes to dealing with crime.The ankle bracelet is a condition of [Ross's] release after his 2015 kidnapping charge. The U.S. Marshals Service picked Ross up in Georgia last June and collared him for kidnapping, aggravated assault and aggravated battery after a dispute between the rapper and a man working on one of his homes. Ross and a bodyguard allegedly forced the worker into a guesthouse bedroom and pistol-whipped him with a .9-mm Glock, according to police. Though he…
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News Scan
Immigration Subcommittee to Hold Hearing on Criminal Alien Threat: A hearing will be held in the nation's capitol on Tuesday by the Immigration and Border Security Subcommittee to examine the public safety threat posed by criminal aliens stemming from the Obama administration's weak immigration policies and failure to secure the border, according to a press release from earlier this month. Under Obama's weak enforcement of immigration laws, between October 2011 and December 2014, U.S. Immigration and Customs Enforcement released criminal aliens with violent backgrounds from detention over 105,000 times. "It should not take the tragic death of another innocent life for this administration to begin enforcing out laws," said Subcommittee Chairman Trey Gowdy (R-S.C.). A Maryland sheriff, a bishop and two mothers of victims murdered by illegal immigrants will be present as witnesses at the hearing. One of those mothers testified…
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