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Employees Who Care for Elderly or Disabled Family Members Are Entitled to Protection from Discrimination

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More than one in six American employees provides care or assistance for an elderly or disabled family member or friend. Caregiving responsibilities cut across socioeconomic and demographic groups, although women and low-income individuals still assume a disproportionate share of such responsibilities.  One in seven Americans is currently age 65 or older, but that number is projected to increase to one in five Americans by 2040.  As the population ages, the number of employees with caregiving responsibilities is only likely to grow. The Equal Employment Opportunity Commission (EEOC) recognizes that employees with caregiving responsibilities face discrimination in the workplace related to these responsibilities.  For example, an employee may be prevented from taking leave to which she is entitled or punished when she exercises her right to such leave; an employee may be penalized for his association with a disabled employee; or an employee may be stereotyped as…

Early Morning Pursuit in Coeur d'Alene with a Stolen Car Leads to an Extensive Manhunt

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Coeur d’Alene, Idaho – On April 19, 2016 at just before 7:00 AM, an Idaho State Police Trooper attempted to stop a stolen 2004 Kia Rio on I-90 that triggered the BOSS system. The suspect refused to stop and a pursuit ensued.The suspect drove southbound on US 95 from I-90 to the Mica grade, about 8 miles south of Coeur d’Alene. Initial investigation revealed that the suspect intentionally rammed the trooper’s vehicle. Additionally, after the trooper’s car was hit, there were reports that at least one gunshot was fired. At this time, investigators are looking into whether the shot(s) was fired from the trooper, the suspect or both.The pursuit then went north on US 95 to Cougar Gulch Road. The suspect abandoned the stolen car in the 5000 block of Cougar Gulch Road and fled into the thickly treed area to the south.An extensive manhunt was started and involved several local and federal agencies, to include the Kootenai County Sheriff’s Office,…

Avoid Area of State Highway 24, near Milepost 33 in Lincoln County

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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: 4/19/2016 at 2:15 p.m. Please direct questions to the District Office Idaho State Police is currently investigating a crash on State Highway 24, near milepost 33. This is in Lincoln County, near 3150 E. Officers are requesting the public either avoid the area, or expect extended delays as the road is blocked during the investigation. An update will be sent when the blockage is cleared. do / jh -------------

Guilty of DWI, Do I Still Need a Lawyer?

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The short answer is yes. A first offense DWI carries a potential punishment range of up to one hundred eighty days in the County Jail and up to a $2,000 fine. Even if you are sure that you are factually…Read more ›

IN: Smell of burnt MJ in a house isn’t PC to believe the occupant is a drug dealer

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The smell of burnt marijuana during a search of house is not probable cause to believe that the house contains marijuana for distribution. While it might be in a car, it’s not for a house. Also, a key fob was … Continue reading →

Accused ISIS Supporter Stuck in Stateside Honeypot Trap

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Charlotte DWI Lawyer Brad Smith answers the question: “If I simply intend to plead guilty, why do I need a lawyer?” A young man from Michigan is being accused of supporting the Islamic State by federal prosecutors after becoming involved in a so-called “honeypot trap.” Continue reading →

Stop and Frisk

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In the US, human right is the thread that holds the fabric of America’s diverse identity. One very important right: to be free from unreasonable search and seizure. The Fourth Amendment of the United States Constitution protects this right. In addition to protecting the right of a person to unreasonable search and seizure, the Fourth Amendment also extends this right to homes, cars, etc. belonging to an American citizen. The bottom line of this right is to ensure that the government and its officials can only enter the premises of an individual when they meet any of the following conditions: Obtains consent from the homeowner Government official has probable cause Government officer obtains a warrant signed by a magistrate based on probable cause If exigent circumstances exist “Stop and Frisk” and Fourth Amendment Protections The protections accorded to homes and personal effects are also binding on our bodies. Thus, our bodies may not be searched or…

Delusions and the Social World: The Connection

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Has there ever been a society where deluded individuals did not exist? – The answer is probably no. At one time or another, virtually every psychiatric hospital of decent size had their hands full with people who thought they were Jesus Christ or spies for either of two cold-warring intelligence agencies—CIA or KGB. Today, the mix is evolving. We now have quite a lot of individuals who think they are reality TV stars—the Kardashians in the psych wards so to speak. For these individuals, the whole package is present—directors, camera crews, and the audience. Except of course, the pros are out of sight. Thing is, the phenomenon is not restricted to those who end in the psych wards. More people than you’d realize exhibit the phenomenon, only not so dire that they need special psychiatric evaluation. Mild as it may appear; a public clinic psychiatrist in London estimated that one or two in every 10 patients he examined have had the sensation of being…

Injury Crash on State Highway 24, near Milepost 33 in Lincoln County

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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: 04/19/2016 at 4:05 p.m. Please direct questions to the District Office On April 19, 2016, at approximately 12:10 p.m., Idaho State Police investigated an injury crash on State Highway 24 near milepost 33. This is in Lincoln County, near 3150 E. Raymundo Casiano, 55, of Paul, ID was driving a 2000 Freightliner westbound on State Highway 24 near milepost 33. Casiano failed to negotiate a slight curve in the road, and drove off the right side of the road. He overcorrected, then steered to the right again. The truck turned onto the driver's side, and slid down the road, blocking the highway. Casiano was transported by air ambulance to Portneuf Medical Center in…

Legal Defenses to a California DUI of Marijuana

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While we’ve been on the topic of DUI of marijuana, it only seemed appropriate to talk about some of the legal defenses that may be raised with this charge. Just like with a DUI of alcohol, the officer must have probable cause to believe that you are driving while under the influence before he or she can arrest you. The officer has probable cause when they have apparent and trustworthy facts that would lead a reasonably intelligent and prudent person to believe that the driver is driving under the influence. The information that officers use to “find” probable cause is poor driving, the smell of marijuana, blood shot watery eyes, slowed speech, poor performance on field sobriety tests, and admissions by drivers that they have ingested marijuana. Only after a lawful arrest must a driver submit to a chemical test. If an officer makes an unlawful arrest because they didn’t have probable cause, the results of a chemical test showing the presence of marijuana…

New York Primary Thread

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Early exit polls have trickled in and reading the tea leaves I think they're good for Clinton. Caveat - first wave notoriously unreliable. I may add more here tonight - still 3 more hours of voting. In the meantime, I tweet - @armandodkos. ... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

How Will San Diego Law Enforcement Determine if a Marijuana User is Too Impaired to Drive?

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San Diego and the University of California San Diego (UCSD) is working on how to determine if a driver that used marijuana is impaired for purposes of driving. This issue was addressed in one of my earlier blog posts years ago, but the problem is not going away. To be clear, this law office advises that driving while impaired by anything- from alcohol to Twinkies to caffeine to adrenaline- should be avoided. The basis for the problem has to do with how marijuana, or THC- the active chemical in marijuana, affects the human body. Whereas alcohol has a more direct, linear relationship with mental and physical impairment, THC does not. For instance, some studies have found that marijuana alone is not dangerous to driving. A November 4, 2007 government study by the United Kingdom Department of Environment, Transport and Regions, Road Safety Division, “Cannabis and Driving: A Review of the Literature and Commentary,” made this assessment: Overall, we conclude that the…

Wolitz on Wechsler, Legal Process, and the Model Penal Code

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David Wolitz (University of Tennessee College of Law) has posted Herbert Wechsler, Legal Process, and the Jurisprudential Roots of the Model Penal Code (Tulsa Law Review, Forthcoming) on SSRN. Here is the abstract: Herbert Wechsler shepherded the Model Penal Code...

Logan & Ferguson on Policing Criminal Justice Data

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Wayne A. Logan and Andrew Guthrie Ferguson (Florida State University - College of Law and University of the District of Columbia - David A. Clarke School of Law) have posted Policing Criminal Justice Data (Minnesota Law Review, Forthcoming) on SSRN....

Door Opening

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by Jill Paperno,author of Representing the Accused: A Practical Guide to Criminal Defense “Knock, knock.” “Who’s there?”            As defense attorneys we often face (and dread) the claim that we have somehow “opened the door” to previously excluded evidence during a hearing or trial.             Sometimes we recognize we did it inadvertently as testimony begins in response to a question.  Sometimes the hungry grin of opposing counsel tips us off.  Sometimes we are blindsided by a claim that we opened a door that we believed had remained firmly locked.  As we elicit testimony at trial, and have so many considerations, there are times we do forget certain possible ramifications of testimony.  But our error may harm our clients, so if this does happen, it is important to be aware of the law that limits the harm…

Hillary's Victory Speech: The Home Stretch

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Hillary is beaming, on stage with Bill and Chelsea. "Thank You New York. Today you proved once again, there's no place like home." ..."New Yorkers, you've always had my back, and I've tried to have yours." Hillary Clinton won big in New... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Torture Is Not the Answer

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Still from ‘Waiting For The Guards ‘ shows simulated torture by the CIA Too little, and much too late. CIA Director John Brennan this week declared that the CIA would refuse to engage in waterboarding in the future, even if ordered to do so. This was the latest in a recent string of headline-grabbing proclamations from current and former U.S. officials insisting that, if faced with the dilemma between following orders or rejecting torture, they would reject torture. As welcome as these promises are, they ring hollow. That’s because the same U.S. intelligence community was already faced with that exact dilemma, and they got it wrong. John Brennan is exactly right that interrogators should refuse orders to carry out torture and other cruel, inhuman and degrading treatment, but he’s wrong that it’s a viable option in the first place. As a reminder, torture is illegal under both domestic and international law. But the senior officials responsible for…

Silver's Alleged Extramarital Affairs to be Considered at Sentencing

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Judge Valerie Caproni, the Southern District of New York judge presiding over the case of convicted former New York State Assembly Speaker Sheldon Silver, has unsealed papers submitted by United States Attorney Preet Bharara alleging that the convicted politician had...

Lots of notable marijuana headlines on a day often associated with marijuana

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The Huffington Post has this piece explaining why today's date is considered special in the minds of many marijuana fans. For me, what is special today is how many interesting marijuana policy and reform stories can be found in major (and not so major) media outlets. Here is just a...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/_1CkvbTOGz0" height="1" width="1" alt=""/>

Housecleaning Ad Leads to Accusations of Sexual Assault

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A Dearborn man has been charged with attempted sexual assault and fourth-degree criminal sexual conduct after he allegedly lured a woman to an abandoned home through a housecleaning ad in Canton, according to news reports. The two met in Dearborn, where the woman who was answering the ad got into a vehicle with the man who drove her to a vacant home in Canton and forced her inside. She fought the man off and ran to a neighbor who called 911, while the alleged attacker fled. He was apprehended in Dearborn a few hours later. As a Michigan sex crimes attorney well known for achieving outstanding results for clients accused of sexual assault, rape, and related offenses, Scott Grabel and the staff of criminal defense lawyers at Grabel & Associates are driven to obtain the best possible outcome for every client the firm represents. Continue reading
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