When defendant voluntarily stops his car and gets out to walk away, the police encounter after that is not a “traffic stop” governed by traffic stop rules. The stop was consensual, but officers did have reasonable suspicion defendant’s vehicle had … Continue reading →
W.D.La.: BOLO for a stop in an armed robbery case was not stale after 8 days
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Boating Under the Influence (BWI) in Minnesota
Minnesota’s lakes have always been popular destinations for boating and fishing, particularly during the summer months. Sometimes those who partake in this enjoyable recreational activity also view boating as a chance to relax and enjoy a few or more alcoholic beverages. However, did you know that you can possibly be arrested and charged with the […] The post Boating Under the Influence (BWI) in Minnesota appeared first on Minneapolis DWI Lawyer Douglas T. Kans.
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ISIS Releases Nasheed Video "Blood for Blood"
ISIS news of note this week: Al-Hayat Media, ISIS' official media arm, has released a new "nasheed" video featuring child fighters. It's called "Sang Pour Sang" (Blood for Blood). The children sing in French, but there's an English and... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Saturday Open Thread
Republicans are convening in Burlingame, CA this weekend. Updates here. There were Trump protests and a few arrests. Trump and Kasich spoke (Kasich is staying in.) Cruz and Fiorini will speak tomorrow. Trump said it would be nice for... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Gruber on Anti-Rape Culture
Aya Gruber (University of Colorado Law School) has posted Anti-Rape Culture (Kansas Law Review, Vol.64, 2016) on SSRN. Here is the abstract: This essay, written for the Kansas Law Review Symposium on Campus Sexual Assault, critically analyzes “anti-rape culture” ―...
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Georgia continuing to lead and innovate state sentencing reform with new focus on mass probation
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Emerging news about two new notable gun control and gun safety efforts
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New Connecticut Affirmative Consent “Yes Means Yes” Sex Assault Laws Now Closer to Reality on Connecticut College Campuses
Last month I blogged in great detail about a trend that the best Connecticut education and criminal lawyers are seeing regarding affirmative consent policies on Connecticut college colleges campuses, both private and public. The old slogans and campaigns of “No Means No” are no longer good law, nor are they policy on Connecticut high school and college campuses. And this past week, Connecticut’s House of Representatives voted 138-7 in favor of passing affirmative sexual consent legislation that would apply to all public and private universities. Under the proposed new law, in order to consent to sexual activity, affirmative consent—or more specifically—an “active, clear and voluntary agreement” to sexual activity must be communicated. So, parents…what does this mean for our teenagers today and who’s going to educate them and keep them from getting arrested or expelled from their Connecticut college or…
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John Grisham Quote
"True stories of wrongful convictions are by their nature utterly compelling, but most Americans don't believe them. How can our vaulted system break down so miserably? In The Injustice System, Clive Stafford Smith details a spectacular example of a bogus conviction, and that many lives ruined by it. It is a superbly written account of only one case, but one of thousands."
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Restraining Order Florida Law
South Florida Criminal Attorney | DUI Attorney Blog 5 Types of Restraining Orders In Florida Filing a Restraining Order in Florida Florida law provides for five (5) different orders of protection against violent conduct. The five (5) different orders of protection are, 1) domestic violence; 2) repeat violence; 3) dating violence; 4) sexual violence and 5) stalking. An order of protection is more commonly known as a “restraining order.” A restraining order is a type of injunction. How to Get a Restraining Order Restraining orders are filed at the clerk of the court. All restraining orders are heard by the circuit court. There is no cost to file a restraining order. The party filing the injunction is known as the “petitioner.” The petitioner must determine what type of injunction should be requested. The relationship of the parties typically dictates what type of petition is filed. For more information…
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"Why Vague Sentencing Guidelines Violate the Due Process Clause"
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Texas released 52% more violent offenders in 2014 than 2005
Texas prisons released 52 percent more prisoners convicted of violent offenses in FY 2014 than in FY 2005, according to the TDCJ annual statistical reports from those years. Comparing the number of people released in those two years we find:TDCJ Releases 2005-2014: Violent: 5,521 upProperty: 632 upDrug: 2,756 downOther: 2,612 upIn fact, in 2012 Texas released 69.4 percent more violent offenders than in 2005, so this is not a new trend, and it has coincided with a decline in the state's violent crime rates over the same period. (Go here for an hypothesis why releasing so many more "violent offenders" didn't increase crime.)Perhaps Texas' example provides evidence that the act of pursuing "low hanging fruit" in the political arena can help change the political culture surrounding crime and punishment in ways that indirectly affect debates and policies about violent offenders. (The same thing can happen, Grits would argue, with…
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Where Does Political Speech Begin And Where Does It End?
Our President is an attorney. Some of our best and brightest leaders are attorneys, Republicans and Democrats.Our Supreme Court Justices, both federally and statewide, are mostly attorneys. Yes, to be a United States Supreme Court Justice does not require being an attorney, but most have been, along with most of our statewide justices.Yet, everyday, our political leaders and justices, are criticized.Sometimes harshly. Sometimes, if the written words of criticisms were made orally, they might sound uncivil. But, that's why the written word has power. Justice Scalia knew that. Justice Holmes knew that. Judge Roderick Kennedy of our Court of Appeals knows that. So, why don't others?There's an old axiom in the legal world that I paraphrase: You may hit hard, but you must hit fairly.However, why are some, especially in Eastern New Mexico, so afraid of criticisms that hit hard. Are they that thin-skinned?Until 2014, in Eastern New…
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Injury Crash North of Blackfoot
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: 04/30/16 06:45 p.m. Please direct questions to the District Office On April 30, 2016, at approximately 3:20 p.m., Idaho State Police investigated a two vehicle injury crash on I15 near milepost 95, north of Blackfoot. Jennifer Leavitt, 36, of Blackfoot, was traveling northbound in a 2004 Pontiac Vibe. Leavitt slowed abruptly to turn left through the median and was struck by Guztavo Iglezia, 25, of Rexburg, driving a 2000 Buick Regal. Iglezia and one of his passengers were transported by ground to Bingham Memorial Hospital in Blackfoot. Everyone was wearing seatbelts. This crash is currently under investigation by the Idaho State Police. JS / NG -------------
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E.D.Ky.: EEOC warrantless entry did not require administrative subpoena if reasonableness safeguards provided for
The EEOC sought to enter defendant’s property without an administrative warrant to investigate a hiring discrimination claim. An administrative warrant is not required if there are built-in safeguards for the employer to protect against arbitrariness and provide reasonableness. EEOC v. … Continue reading →
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The Tea Party Patriots
Last night, I had the opportunity to talk about proposed sentencing reform legislation in a webinar broadcast by the Tea Party Patriots. (Next month, I'll do so with a politically quite different group, the American Constitution Society National Convention).The Patriots asked if I would post my remarks, and I am happy to do so. I'll start out by saying here what I said in the webinar: There are some good people supporting the bill, like Michael Mukasey and Sen. Mike Lee, but also some good ones opposing it, like Sens. Jeff Sessions, Tom Cotton and David Perdue. Sen. Ted Cruz likewise opposes bill, although he voted for a somewhat similar bill in the last Congress. And Sen. Orin Hatch opposes the bill at least until it is re-written to include mens rea reform -- a dim prospect given the Administration's adamant opposition. What's different is that, while no extreme leftist supports preserving our present, successful system…
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Another prominent elderly corrupt politician presenting dynamic federal sentencing issues
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AL: Controlled buys were PC for car search
A search warrant was issued for defendant’s home, and he was also involved in three controlled buys from his car. His stop miles from the search of his house was based on the probable cause from the buys, not the … Continue reading →
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Reviewing the type of federal drug case that the SRCA should most impact
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DUI CHECKPOINTS
As we move into the month of May and the days begin to get longer, more and more people will begin to enjoy the weather outside and spend much more time on the road. Law Enforcement agencies all over Pennsylvania will also begin to set up sobriety checkpoints to do what they can take intoxicated drivers off the road. For those that don’t know, a DUI checkpoint or roadblock is a specifically designated location on a roadway where police are looking for potential impaired drivers. If you or someone you know is arrested for a DUI as part of a checkpoint it is important to contact an attorney as soon as possible. This is because there are procedures that must be followed with these checkpoints and if they are not that can have a impact on your case. Many times I have a client come into my office for an initial consultation and they automatically assume they are guilty because they were caught in a checkpoint. A qualified,experienced, aggressive DUI attorney will look…
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