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More Cops Needed in San Diego – Jaywalkers Beware!

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They say it takes a whole village to raise a child. A variation on that saying, in San Diego, should be that it apparently takes four police officers and three patrol cars to arrest a man for (allegedly) jaywalking. As an aside, the man wasn’t jaywalking, just filming the scene with his phone. But more … Continue reading More Cops Needed in San Diego – Jaywalkers Beware! → The post More Cops Needed in San Diego – Jaywalkers Beware! appeared first on .

Amtliche Veröffentlichung datenschutzrechtlicher Rechtsakte der EU: "EU-Datenschutz-Grundverordnung", "EU-Richtlinie zum Datenschutz bei Polizei und Justiz" und "EU-PNR-Richtlinie"

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Im heutigen (04. Mai 2016) Amtsblatt der Europäischen Union wurden folgende datenschutzrechtliche Rechtsakte der EU offiziell (amtlich) veröffentlich:(i) Die Verordnung (EU) 2016/679 des Europäischen Parlaments und des Rates vom 27. April 2016 zum Schutz natürlicher Personen bei der Verarbeitung personenbezogener Daten, zum freien Datenverkehr und zur Aufhebung der Richtlinie 95/46/EG ("EU-Datenschutz-Grundverordnung"). Sie gilt ab 25. Mai 2018 in sämtlichen EU-Mitgliedsstaaten und unter gewissen Voraussetzungen auch für nicht in der EU niedergelassene (sondern bspw. in der Schweiz ansässige) Verantwortliche oder Auftragsverarbeiter (vgl. Art. 3 Abs. 2).(ii) Die Richtlinie (EU) 2016/680 des Europäischen Parlaments und des Rates vom 27. April 2016 zum Schutz natürlicher Personen bei der Verarbeitung personenbezogener Daten durch die zuständigen Behörden zum Zwecke der Verhütung, Ermittlung, Aufdeckung oder…

The 800 Lb. Doggie In The Harris County Jury Room

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Potential jurors are subject to a great many influences, ranging from their personal experiences to the crap they watch on TV.  Try as we might to ferret out these influences, it’s not always possible. While some will proudly announce their prejudice, most believe they are fair, reasonable people. Of course, that’s what most people believe of themselves, no matter how prejudiced they are, because their prejudice is fair and reasonable or they wouldn’t hold the beliefs. But Harris County clerk, Chris Daniel, took it a step beyond the pale. It wasn’t done with malice, but ignorance.  Daniel brought the cute drug doggie into the jury waiting room to entertain the jurors by showing them the glories of wonderdogs who protect and serve by catching drug dealers. Yay, dogs!!! It didn’t occur to Daniel that these were individuals about to be potentially selected for the duty of deciding whether this exact thing, drug doggies, were…

The Tire Shop, the Robbery and Accomplice-Witness Testimony

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This post examines an opinion from the Court of Appeals of Texas – Texarkana: Walker v. State, 2016 WL 1600268(2016).  As courts usually do, the Court of Appeals began by explaining how the case arose:Edgar Llorens was robbed at Eddie's Tire Shop, his business in McLennan County,by three men, each armed with a handgun and each having his face at least partially covered. Though video surveillance cameras recorded the robbers and Llorens, Llorens could not identify any of the men. Bronchea Gerad Walker was charged with aggravated robbery, along with Oliver Johnson and Willie Clark, who by definition are accomplices. Much evidence came from Johnson's testimony concerning the robbery and regarding text messages exchanged between Walker's and Johnson's cell phones. From his conviction for which he received a sentence of twenty-three years' incarceration, Walker appeals, urging two points of error, both related to the status of Johnson and Clark as…

CA8: POs had RS to seize and search a flash drive from def’s residence during a probation search caused by a tip

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Probation officers had reasonable suspicion to seize a flash drive found during a supervised-release search of defendant’s residence. Reasonable suspicion existed because of defendant’s prior conviction for possession of child pornography, a release condition prohibiting him from accessing a computer, … Continue reading →

AL SWs must be executed only by the officers to whom they are directed

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Search warrants in Alabama have to be executed only by the officers to whom they are directed. Here, the warrant was to the Sheriff of Mobile County, but an officer of the Mobile PD executed it. This was invalid execution. … Continue reading →

What is Pain and Suffering?

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Pain and suffering is a legal term that includes injuries you may have experienced as the result of an accident. The term is used to address physical pain, but it also includes mental injuries, like grief, worry, insomnia, fear and loss of quality of life. In personal injury cases, damage awards for pain and suffering varies widely, and juries viewing damages have more leeway in deciding what can be awarded. If you get into an accident, how can you show the juries, the insurance adjuster or a judge that you are really hurt and that you have suffered as much as you say you have? Two Ways to Calculate Pain and Suffering The amount awarded for pain and suffering can vary widely. Most attorneys calculate pain and suffering in two ways. The first way is to multiply their client’s actual damages — like medical bills and lost wages — by a certain number. For example, if you break your leg in an accident and rack up $6,000 in medical bills, the attorney could multiply…

KS: State gets benefit of GFE in DUI cases in a post-McNeely stop but before state supreme court ruled

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While McNeely was decided in April 2013 and defendant’s DWI stop was in September 2013, the state supreme court had not held the implied consent statute unconstitutional until later. Therefore, the good faith exception applied. State v. Kraemer, 2016 Kan. … Continue reading →

IN: Walking into a house during a drug raid justifies a frisk

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Defendant drove up to a house in the process of a drug raid. Eight people were in custody. Defendant was stopped when he got to the door, and he was frisked and a gun was found. The search was valid … Continue reading →

Updating the dyanamic (and even-uncertain) state of medical marijuana reform in Ohio

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Regular readers know I have been urging everyone to keep an eye on the Buckeye State as multiple different efforts are afoot to bring medical marijuana reform into reality in the state. This new Columbus Dispatch article, headlined "Toking nixed, vaping OK in Ohio House medical-marijuana bill," reports on the...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/lutKEVYX9ec" height="1" width="1" alt=""/>

"Should His PTSD Keep Him From Death Row?"

Ninth Circuit Reverses Judge Real for Berating Lawyer

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As every veteran litigator knows, who the trial judge is not only a major determinant in the ultimate result of a case, but a major factor in how unpleasant and difficult the lawyer's life will be. There are judges, I...

Lots of new and notable recent state marijuana reform developments

Journal Article On Closing Court Hearings To The Public

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We have more closed hearing than we need to have right nor.So a plan that permits for more closure is wrong.The Waller test is strict, but strict for good reason.CYFD would be a much more efficient organization, with a high level of respect, if the public were permitted in Abuse/Neglect proceedings, where certain portions of the hearings could occur in the judge's chambers, i.e. when discussing mental health issues.Any rule that gives judges more discretion, or lessening the strict test of Waller, is something the public should stand against.http://www.abqjournal.com/768491/rules-should-help-judges-decide-when-to-close-court.html

S.D.Fla.: No standing in a rental car obtained with a fake ID and CC and then turned over to another

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Defendant had no standing in this rental car rented in a false name with a fake ID and credit card and then he drove the car away and then turned the car over to a co-conspirator who was driving at … Continue reading →

MO: Def’s impending search was unreasonable, so his flight didn’t give further justification

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Defendant was stopped for not having a front license plate on his car, although it was on the dash. At worst, this was an infraction. When defendant got out of the car, the officer could smell marijuana on him, and … Continue reading →

Protect your rights when facing drug charges in Georgia

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Criminal charges related to the use, possession or sale of illegal drugs can have a detrimental impact on a person's future and freedom. Depending on the type of drug involved, drug charges can compromise career opportunities and even child custody disputes. Effectively defending against these charges is often a complex undertaking, requiring a legal strategy that is uniquely suited to the individual goals of the defendant. Every drug case is unique. Georgia and federal drug laws do not change on a case-by-case basis, but the ways the laws apply can differ. The more serious the charge, the more serious the consequences of a possible conviction, including prison, fines and more. Confronting these charges should be done with the goal of securing the best possible outcome for the individual client, according to the details of the case. Our attorneys have experience defending Georgia residents against a myriad of drug charges. This includes drug…

BIA Updates Practice Manual

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If you don't like a decision you get from USCIS or an immigration judge in removal proceedings, you can (sometimes) appeal your case to the Board of Immigration Appeals (BIA.) Filings with the BIA are governed by the BIA practice manual, and every once in a while there are small updates made. Last update was on April 26, 2016 - here is a table of the changes made:​

Challenging a DUI Arrest in Pennsylvania

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Everyday I see individuals who are charged with a DUI in Pennsylvania walk into court and  simply plead guilty. Most of the time I know nothing about their case or what their attorney has done or hasn’t done. People need to understand that just because you are arrested for a DUI that doesn’t automatically mean that your are guilty of the crime.  There are many defenses and ways to challenge a DUI in Pennsylvania and I want to take some time and go through some of them. ILLEGAL STOP The most common way to challenge a DUI is to argue that the actual stop of the motor vehicle was illegal in some way.  Many times it is argued that the police did not have “probable cause” to stop the vehicle.  There are many ways to prove that there was something wrong with the stop or that the officer did not have reasonable suspicion to act accordingly.  One such way which is to see if the officer had a dash cam video and if they did request it…

VT: Stop was based on RS despite def’s good reason for the alleged violation

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The officer had reasonable suspicion to stop defendant for not driving in his traffic lane despite defendant’s argument that he moved over because the glare of headlights in his mirrors was blinding him. That’s a defense to the charge but … Continue reading →
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