Most people who think of sex offenders automatically believe a male is the perpetrator. The fact is, the incidence of sexual violence or assault involving women who are the offenders is growing. While the tendency to commit sexual crimes can emerge in adolescence, many offenses involving teens or adults go unreported, regardless of whether the alleged offender is male or female. Approximately 9% of youths report they were the victims of some form of sexual violence in a Growing Up With Media national study in 2010 in which information was collected online. The acts committed against these youths included coercive sex, forced sexual contact, attempted rape, and completed rape. Interestingly, the results of the study found that while males were more likely to commit a sex-related offense against a younger victim, offenses in which females were the perpetrators most often involved victims who were older. Additionally, the study concluded that males tend to commit sexual violence…
Female Sex Offenders
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W.D.Mo.: Just because def ran away from the car, it was still “readily mobile” for the automobile exception
“His argument is that because the car was parked and defendant had run away from the car, it was ‘not mobile within the meaning of the Carroll/Chambers exception.’ Not surprisingly, defendant cites no case law to support this argument; and … Continue reading →
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CA7 gives an interesting historical and current summary of “the Supreme Court[‘s] … reviv[al of] a ‘property-based approach to identify unconstitutional searches.”
Defendant had no reasonable expectation of privacy in the basement area of an apartment building. Neither was it curtilage. The court includes an interesting historical and current summary of “the Supreme Court[‘s] … reviv[al of] a ‘property-based approach to identify … Continue reading →
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Ho, Ho, Ho: symbolic and sound sentence for SEPTA screw-up
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My Top Ten New Mexico Heroes: #8--Charles Mackay
The director of the Santa Fe opera. One of the most overlooked jewels in New Mexico's artistic heritage is the little opera house that could, can, and will always because of Mackay.While others from outside the State do almost anything to partake, New Mexico's rural population needs to catch on and catch on quick.As wonderful as visiting the Hurd Gallery in San Patricio, or seeing O'Keefe's in the City Different.And Mackay, who was raised in Santa Fe, always seems intent to raise the stakes and to continue building the reputation of this fantastic institution.Only the third director in the opera's history, which is close to 60 years.May be the greatest job in New Mexico, but then to do it so well.
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DiBattista on Excessive Force
Michael S. DiBattista has posted A Force to Be Reckoned With: Confronting the (Still) Unresolved Questions of Excessive Force Jurisprudence After Kingsley (Columbia Human Rights Law Review, Vol. 48, Forthcoming) on SSRN. Here is the abstract: In Kingsley v. Hendrickson,...
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DWI: Should It Be a Crime to Refuse Blood and Breath Testing?
Currently pending before the Supreme Court are consolidated cases from Minnesota and North Dakota—under the title of Birchfield v. North Dakota—that could significantly change the way states deal with suspected drunk drivers. The question before the Court is this: Should North Dakota and Minnesota, or any other state, be allowed to attach a criminal penalty for a suspected drunk driver’s refusal to take a warrantless test of a person’s blood, breath or urine to detect the presence of alcohol? Criminal Penalties for Refusal to Take DWI Breath Test North Dakota makes it a misdemeanor offense for refusing to take an alcohol detection test—the level of the offense determined by the number of refusals over given periods of time. Four or more refusals during a 15-year period would become a Class C felony. The criminal penalties attached to these refusals include fines, imprisonment, addiction evaluation by a licensed addiction…
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"The Death Penalty & the Dignity Clauses"
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Injury Crash I84 near milepost 12
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 05/14/2016 3:25 pm Please direct questions to the District Office On Saturday, May 14, 2016, at 7:25 am, the Idaho State Police investigated a two-vehicle, injury crash on I-84 at milepost 12, west of the Black Canyon exit in Payette County. Oscar Cisneros, 20, of New Plymouth, was driving westbound in a 2007 Hummer H3. Ronald Dietzler, 80, of Meridian, was also westbound, in a 1959 Ford Thunderbird. The Hummer struck the Ford on the driver's side. Both vehicles went into the median and rolled. The Hummer came to rest in the left lane of the eastbound side of I-84 and the Ford came to rest in the median. Cisneros was transported via ground ambulance to St. Lukes…
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N.D.Ind.: Illegal search claim not cognizable in 2255
First, defendant’s illegal search claim isn’t cognizable under 2255 and Stone v. Powell. “Second, by entering a non-conditional plea of guilty to the child pornography charge, Adkins waived his Fourth Amendment claims.” “Third, Adkins’ plea agreement contained an express appeal … Continue reading →
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VA: Girlfriend’s authority over room didn’t extend to boyfriend’s closed bag
Defendant had no reasonable expectation of privacy in his girlfriend’s room because they both were staying there, but he retained it in a closed bag left in her room. She had the authority to consent to a search of the … Continue reading →
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TN: Omitting one item from inventory on the SW return wasn’t a constitutional violation
One bullet was missing from the return on the warrant which wasn’t discovered until the defense brought it up at the suppression hearing, so the state amended the return. This isn’t a prejudicial error to void the search or keep … Continue reading →
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CA6: Clerk issued arrest warrant without judicial authority not unreasonable unless no PC
That court clerks issue arrest warrants, but not acting as a neutral and detached magistrates, is not a constitutional violation unless the arrest was without probable cause. Plaintiffs, given four amendments to the complaint, never show that the arrest was … Continue reading →
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MO: Delay in resolving traffic stop was reasonable because of heavy radio traffic
The delay in getting basic information back on defendant was caused by heavy radio traffic at the time, and the officer didn’t unduly delay resolution of the stop. Defendant also consented. (This was reviewed under plain error for a failure … Continue reading →
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The Digital War: The Right to Privacy Versus Law Enforcement’s Need to Know
Let us make one thing clear: law enforcement does not, nor will it ever, respect an individual’s right to privacy. The police in this country, and throughout the world, believe they have an inherent right—one rooted in the need to protect the existing government—to pry into, and rifle about, the inner most privacy of the individual’s personal life. Thus, the continual tension between privacy and security. The Framers of our constitution created the Fourth Amendment to protect the individual from unchecked police power. The Supreme Court, and too many of the lower federal courts, have virtually gutted this one amendment most designed to protect the individual. Several decades ago, famed Supreme Court Justice William O. Douglas issued a warning about the inherent danger of this constitutional trek. Justice Douglas Warned of Police Power “If the individual is no longer to be sovereign, if the police can pick him whenever they do…
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NC: Stop violated Rodriquez because def was frisked, put in patrol car, and extensive criminal history checks run
Defendant was stopped in a rental car for speeding and following too close, and the officer thought defendant’s breathing showed excessive nervousness. The officer got defendant out of the car and frisked him and had him get in the patrol … Continue reading →
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A.F.Ct.Crim.App.: Davis good faith applies to pre-Jones GPS installation
GPS was installed on defendant’s car prior to Jones and it’s not excludable under Davis good faith. United States v. Richards, 2016 CCA LEXIS 285 (A.F. Ct. Crim. App. May 2, 2016). The officer didn’t smell marijuana on defendant’s person, … Continue reading →
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ALL POLITICS IS LOCAL
Sunday NY Times: Crossing the Line: How Donald Trump Behaved With Women In Private:Donald Trump and women: The words evoke a familiar cascade of casual insults, hurled from the safe distance of a Twitter account, a radio show or a campaign podium. This is the public treatment of some women by Mr. Trump, the presumptive Republican nominee for president: degrading, impersonal, performed. “That must be a pretty picture, you dropping to your knees,” he told a female contestant on “The Celebrity Apprentice.” Rosie O’Donnell, he said, had a “fat, ugly face.” A lawyer who needed to pump milk for a newborn? “Disgusting,” he said.Site Feed
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Tampa DUI Checkpoint on Friday the 13th
The Tampa Police Department conducted a DUI checkpoint on Friday, May 13, 2016. The press release, issued by Janelle McGregor, TPD Spokesperson, went out the same day. The press release disclosed that the Tampa Police Department DUI unit would conduct a DUI checkpoint on Friday, May 13 to Saturday, May 14. The officers with TPD […]
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New statement by over 150 ALI members expressing concerns with sexual assault draft
You can find the text, sent to me by several ALI members, following the jump. To: ALI Director, Deputy Director, Project Reporters, Council and Members From: Undersigned ALI Members and Advisers Date: May 12, 2016 Subject: Tentative Draft No. 2;...
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