Last week, the court of appeals decided State v. Bedient, a significant post-Rodriguez opinion on traffic stops. The court ruled that an officer lacked reasonable suspicion to extend a stop by a few seconds to ask the driver for consent to search. This post summarizes and analyzes the case. Facts. A deputy stopped the defendant at 11:30 p.m. for failing to dim her high beams. The two had a brief preliminary discussion, during which the defendant identified the sole passenger in the vehicle as her daughter. The officer then asked the defendant for her license. The defendant took 20 seconds to locate it, and the officer thought that she “seemed nervous because she was fidgety and was reaching all over the car and in odd places such as the sun visor.” The deputy determined that he had seen the defendant the night before at the home of a local drug dealer, and remembered that the defendant’s husband had called the sheriff’s office to complain that the…
Court of Appeals Finds Extension of Traffic Stop Unsupported by Reasonable Suspicion
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Randazza’s Anti-SLAPP Would Make No Sound In New York
Despite a certain irony in Dan Bilzerian suing TMZ for publishing a story about a woman who claimed to have gotten chlamydia from him, it happened. The story was first published at The Dirty, which makes infinite sense, and then picked up by TMZ. Bilzerian sued the Dirty, and then TMZ. Why? Because he can. Dan Bilzerian is an Internet celebrity, known for his extravagant, jet-setting and partying lifestyle. He has a particularly strong social media presence on the website <instagram.com> (“Instagram”), boasting over 12 million followers. He regularly shares photographs of himself posing with scantily-clad women, large sums of cash, expensive cars, planes, firearms, and extravagant homes. He has been dubbed the “King of Instagram” and “Instagram’s Playboy King.” You can’t tell instagram followers whom to love, right? But then, when a guy has a few bucks, and is willing to part with them, suing…
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"Louisiana’s Color-Coded Death Penalty"
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ATTORNEY SAM CONTINUES DISCUSSION OF FIVE DANGERS TO YOU WHEN MASSACHUSETTS LAW ENFORCEMENT IS INVESTIGATING YOU FOR VIOLENT CRIME (PART TWO)
On Friday, we began discussing a particular meeting in Pittsfield where law enforcement made an unfortunate declaration about gang-related violence. It would appear that the local police department is waiving the fear-mongering flag of “gang violence” without much of a basis and is relying on the stale standard chorus of “just trust us…we don’t really have the time to be up front”. When one looks between the lines…one sees the questionable basis. Few people, however, look between this lines, especially when the alleged danger seems so great. They tend to simply take the advice of law enforcement. “Just trust us”. Here are but five of the various dangers you need to keep in mind during times like these when law enforcement waives the red flag of gang violence with little justification to go hunting while justifying that the system and the citizenry should simply “trust us”. …
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Utah Struggles With Virginity: Punishing A Prosecutor For The First Time
What to do with an unethical prosecutor in Utah? Such a hard, difficult, vexing question. Not just because the courts are so very reluctant to hold a prosecutor accountable. They are, of course, because they would hate to make prosecutors feel the slightest bit skittish in protecting society from rapists and terrorists, but for a more legalish reason: It’s never happened before. It is a question the Utah Supreme Court is pondering in the case of a former Davis County prosecutor. Whatever the ruling, it will break new ground in attorney-discipline issues — it being the first time the justices have weighed in on a case in which a prosecutor is accused of violating his or her special duties. There isn’t any question that Larsen is a total unethical scumbag. That much is firmly established. Larsen has been appealing a seven-month suspension of his law license. He was fired from his job as a Davis County prosecutor after alleged misconduct during…
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The Internet Search Engine, Confidential Informants and the Fourth Amendment
This post examines a recent opinion from the Supreme Court –Kings County, New York: People v. Pierre, 2016 WL 1229083 (2016). The court begins by explaining that Jimmy Pierre, the defendant in this case, moves to controvert the search warrantissued in this case, and for suppression of evidence seized pursuant to its execution. The People oppose. In deciding this motion, the court reviewed defendant's Motion to Controvert, the People's Affirmation in Opposition and defendant's Response to the People's Opposition. The court also examined unredacted copies of the search warrant and supporting affidavitpresented to the issuing judge, a copy of the applicable Terms of Service from Google, and an affidavit from a Google manager, all submitted by the People.People v. Pierre, supra. The opinion goes on to explain that[p]ursuant to a complaint received on April 24, 2014, defendant was arrested on July 3, 2014, and indicted under Indictment…
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Embezzlement and White Collar Crime in Jackson
While white-collar crimes are typically non-violent and seemingly less damaging than more traditional types of violent crime, offenders can still expect to do hard time, if convicted. Embezzlement isn’t just for Wall Street executives and those in the financial sector. It can happen in small businesses, towns, residential areas and neighborhoods in Jackson and across the country. This type of crime usually involves the illegal taking of another person’s property or assets. The amount of paperwork involved in cases involving embezzlement and other financial crimes can be astronomical, so it’s important to have an attorney on your side with extensive white collar criminal case experience. What it Takes to Get Charged With Embezzlement There are four basic elements to any embezzlement charge. First, you have to have a fiduciary (financial) relationship with the person who owns the property or asset in question. Second, you have to gain the possession of that…
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Jackson Contractor Sentenced for Embezzlement
On Monday, a contractor in Jackson was sentenced to 10 years for embezzlement. According to WJTV News Channel 12, 59-year-old Larry Samuels is facing seven years suspended with three years post-release supervision and about $3,200 in restitution. He was charged with embezzlement under contract in connection with a job he had at a Jackson home on Wood Glen Drive in 2013. He reportedly received payment but never returned to work on the home. Although very few details about this case have been released, we do know that Samuels pleaded guilty in court on Monday. Embezzlement and other financial crimes, which are typically considered white-collar crimes, can have incredibly severe penalties. If you or a loved one is facing embezzlement charges or some other type of financial crimes charges, contact the skilled and proven team at Coxwell & Associates, PLLC, at (601) 948-1600 for an immediate case consultation. Continue reading
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PERFORANDO LAS AFP
Diario Gestón Editorial: Perforando las AFP Lunes, 09 de mayo del 2016 OPINIÓN “Es peligroso que un país carezca de un sistema pensionario obligatorio y que si lo tiene se pretenda distorsionarlo”. SISTEMA PREVISIONAL. El Congreso acaba de usar el proyecto que buscaba asegurar la prestación de salud en aquellas personas que decidieran retirar el 95.5% de su fondo de jubilación al cumplir 65 años, para darle una estocada más al Sistema Privado de Pensiones, afectando a los afiliados, por más que se quiera presentar como un logro para ellos. Así, mientras la primera ley aprobada solo admitía el retiro a los aportantes que aún no se hubieran jubilado, la nueva norma incluye a los pensionistas del régimen especial de jubilación y a los del retiro programado. Además, los congresistas decidieron permitir el retiro del 25% de los fondos…
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The Importance of Choosing A Medical Malpractice Lawyer: The Challenges Of a Suit and What to Look For in Choosing a Lawyer
Hiring the right attorney to represent you in a Maryland medical malpractice case is one of the most important decisions you can make. If you believe you or someone you love was harmed or died as a result of mistakes made by a health care professional, you need an experienced Baltimore medical malpractice lawyer. Randolph Rice is adept at handling medical malpractice cases and taking all necessary action to protect your rights and recover the money you deserve. Understanding Maryland Medical Malpractice Law Malpractice laws are enacted at the state level and Maryland malpractice law has several unique features. In order to prove medical malpractice, you have to show that the health care professional who treated you or your family member violated the standard of care. Simply put, the standard of care covers any procedures or treatments that the medical community generally accepts as appropriate and/or necessary for a particular injury or illness. In…
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BROTHER, CAN YOU SPARE A DIME
WE HAVE A NEW FAN!!!!We received this email today:Daniel A. Espinosa, Esq. <despinosa@espinosalawgroup.com>7:54 AM (3 hours ago)to meWe’ll be in touch soon, Howard.Very Truly Yours,DannyDaniel Alberto Espinosa, Esq.ESPINOSA LAW GROUP10625 N. Kendall DriveMiami, FL 33176-1510Direct Line: 305.655.1501despinosa@EspinosaLawGroup.comDear "Danny"(We didn't know we were on a first name basis)We are in receipt of your email of 9 May, Monday, 2016. We do not correspond with fans or readers on a personal level. We are much too busy to engage in such chit-chat. And there is the whole anonymous thing to overcome. However, readers are important to a blog. Nay, one could say they are the lifeblood of a blog. Therefore, let us thank you for reading, and we wish you all the best in your future endeavors. Yours, etc.H. Rumpole, Blog Proprietor. "Brother, can you spare a dime?" perhaps the best comment we received, that…
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Koehler on the Foreign Corrupt Practices Act
Mike Koehler (Southern Illinois University School of Law) has posted Grading the DOJ's Foreign Corrupt Practices Act 'Pilot Program' (11 Bloomberg BNA White Collar Crime Report 353, 2016) on SSRN. Here is the abstract: In April 2016, the Department of...
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Intoxication and the sources for defining “consent” under the ALI’s draft sexual assault provisions
I have previously applauded the drafters of the ALI’s draft sexual assault provisions for eschewing open-ended notions like “voluntariness” and “freely given consent” in assessing whether sexual activity is criminal. The latest version reaffirms that intention. Some curious aspects of...
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Washington Court Suppresses DUI Breath Test Results After Police Fail to Provide Statutory Warnings
Police officers must generally follow statutory and constitutional protections when arresting or interacting with individuals. In a recent case, the Washington Court of Appeals addressed the consequences of failing to provide the required statutory warnings before administering a breath test to a defendant arrested for driving under the influence (DUI). In State v. Murray, 192 Wash. App. 1040 (2016), a Washington State Patrol Trooper stopped the defendant for a traffic violation. The trooper alleged that she smelled alcohol from inside the defendant’s vehicle and that the defendant’s eyes were bloodshot and watery and her speech slurred. After the defendant performed field sobriety tests, the trooper arrested her. During a standard inventory search, a pipe and a bag of marijuana were found in the defendant’s vehicle. At the police station, the trooper read the defendant the implied consent warnings for the breathalyzer test, but she failed to provide…
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Comentarios del presidente Humala Tasso Ollanta sobre las AFP
GESTIÓN Humala dice sobre ley de AFP que no se dejará influenciar por la campaña electoral Lunes, 09 de mayo del 2016 ECONOMÍA Ejecutivo debe decidir si observa o no la modificación a ley que permite retirar 25% de fondos de AFP para comprar inmuebles. El presidente Ollanta Humala señaló hoy que el Ejecutivo actuará con responsabilidad y hará “lo correcto” al momento de decidir si observa o no el proyecto de ley aprobado por el Congreso que permite retirar hasta el 25% de sus fondos deAFP para pagar la cuota inicial de un inmueble COMENTARIO Nadie puede estar en desacuerdo con esta declaración “hará lo correcto” “Cuando llegue la ley, la vamos a analizar con el primer ministro y los ministros de Estado. Haremos lo correcto, LO QUE REQUIERA EL PAÍS, SOMOS LA ÚLTIMA INSTANCIA EN TEMAS DE RESPONSABILIDAD”,…
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I’m behind because of a jury trial this week
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Rolling Stone: Why America Can’t Quit the Drug War
Rolling Stone: Why America Can’t Quit the Drug War by Tim Dickinson: After 45 years, more than $1 trillion wasted, and the creation of the world’s largest prison system, America still lacks the political will to change its failed drug … Continue reading →
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The Growing Case for Geographic Indications?
Daniel Gervais, Irreconcilable Differences? The Geneva Act of the Lisbon Agreement and the Common Law, 53 Hous. L. Rev. 339 (2015). Irene Calboli Daniel Gervais’s recent article in the Houston Law Review examines the revision of the 1958 Lisbon Agreement for the Protection of Appellations of Origin and their International Registration (Lisbon Agreement) that took place at a Diplomatic Conference held in Geneva under the auspices of the World Intellectual Property Organization (WIPO) in May 2015. The Geneva Act of the Lisbon Agreement on Appellation of Origin and Geographical Indications (Geneva Act) was finalized and opened for signatures in May 2015. As it is reflected in its title, the adoption of the Geneva Act of the Lisbon Agreement had extended the scope of protection—previously limited to appellations of origin (AO) in the Lisbon Agreement—to include also geographical indications (GIs), which are defined along the lines of the definition of GIs in…
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South Florida Synthetic Drug Importation Trial Finally Ends with a Conviction
A one-time law student was convicted of conspiracy to import and possess with intent to distribute a controlled substance in association with the role he played in a drug ring that used the Internet to order synthetic chemicals from China and have them transported to a location in Miami under the control of he and his co-conspirators. This was the first conviction attained by the government after starting the year 2016 with a 0-3 result for similar illegal importation cases that went to a federal jury. In this particular case, Mario Melton used his family’s freight forwarding company Transfreight International to ship large amounts of MDMA (Molly) into the country. It was the government’s second attempt at trying Melton; the first resulting in a mistrial when a federal jury couldn’t come to a decision after four days of deliberations. Melton was convicted of assisting two ex-soldiers; Jorge Hernandez and Matthew Anich along with nine others run one of the…
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Previewing Texas Lege hearings on #CJReform next week
Next Monday and Tuesday will be full days at the capitol for criminal-justice reform topics, with three different committees holding hearings relevant to the subjects covered on this blog. The Legislative Reference Library helpfully compiled these background resources regarding the interim charges those panels will consider:House Committee on Criminal Jurisprudence (May 16) Charge: Asset forfeiture SCOTUS Ruling Requires Relook at State Asset Forfeiture Laws, National Conference of State Legislatures, April 1, 2016 Policing for Profit: The Abuse of Civil Asset Forfeiture, 2nd Edition, Institute for Justice, November 2015 Civil Asset Forfeiture: Good Intentions Gone Awry and the Need for Reform, Heritage Foundation, April 20, 2015 New Bill Would End Policing for Profit in New Mexico (HB560), American Civil Liberties Union, February 19, 2015 Audit of the Assets Forfeiture Fund and Seized Asset Deposit Fund Annual Financial Statements Fiscal Year 2014, Office of the…
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