Police Seek Answers in Nationwide Crime Spike: Major cities across the U.S. are experiencing dramatic increases in homicides and other violent crimes in the first months of 2016, leaving law enforcement officials grasping for answers as to the common denominator. Andrea Noble of the Washington Times reports that last week, FBI Director James Comey reignited the debate over the "Ferguson effect," the notion that the crime uptick is due to police becoming less aggressive out of fear of being the subject of the next "viral video." However, there is not enough data yet to prove or disprove the theory. Alternative theories offered by law enforcement leaders include quicker escalation of violent gang beefs due to social media, the heroin and opioid epidemic and the fact that crime rates had been low for some time and therefore "can only go up." The data was provided by the Major Cities Chiefs Association and included 63…
News Scan
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Bibas on Plea Bargaining
Stephanos Bibas (University of Pennsylvania Law School) has posted Designing Plea Bargaining from the Ground Up: Accuracy and Fairness Without Trials as Backstops (William & Mary Law Review, Vol. 57, P. 1055, 2016) on SSRN. Here is the abstract: American...
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Wisconsin Police Officers Lack Probable Cause for Drug Possession Arrests
Convictions for drug possession and drug trafficking often arise as a result of the search and seizure of an individual’s person or property for drugs. However, these types of searches may only occur where a police officer or investigator has “probable cause” to support the search. This is because the United States Constitution provides protection against unwarranted search and seizure. A recent case in the Wisconsin Court of Appeals illustrates the limits on prosecuting individuals for drug crimes where a search and seizure is deemed unconstitutional. In State of Wisconsin v. Demario Derrick Foster, an unpublished opinion, Foster was arrested on multiple counts of drug offenses. At trial, he moved to suppress evidence obtained from a search of his person, arguing that the police officers lacked probable cause to arrest him. Foster was first brought to the attention of local police officers through information from two informants. The informants reported…
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National Reentry Week
by Ramon Semorile, Intake SpecialistApril 24-30 was National Reentry Week--a week focused on bringing awareness to the needs of individuals returning home from prison. On April 28th, Reentry Anonymous, a support group for returning citizens, was invited to participate in a forum called, "I'm Home, What's Next?" for inmates who were nearing the end of their sentences. I represented Reentry Anonymous on the panel and answered inmates' questions. Common questions were how to avoid negative people, places and influences and how to cope with the anxiety of supervised release, career and confronting old habits. Most of what I witnessed was the inmates' courage--the courage to change their lives. I saw this in how they nodded their heads in approval and hearing what they believed or were attempting to achieve as returning citizens. The two other panel members were returning citizens and became inmates again but they…
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Reasonable Suspicion for Conducting a Dog Sniff Search in Wisconsin
Under the Fourth Amendment to the United States Constitution, individuals stopped in periodic traffic stops cannot be subjected to overly invasive searches of their vehicles, or prolonged periods of being detained, without police officers having justification for doing so. When a suspicious vehicle or individual in a traffic stop leads to subsequent searches and eventual arrests, one of the most common claims by defendants at trial is that the evidence that the police uncovered should be suppressed because it was obtained without reasonable suspicion or probable cause. A recent case in the Seventh Circuit Court of Appeals looks at the specific question of what is required under the Constitution in order to justify holding a defendant for a prolonged period of time to conduct a dog sniff and search. In United States v. Guidry, Guidry was stopped as part of a routine traffic stop because he was driving a car without license plates. When the police officer…
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Establishing the Intent to Deliver THC in Wisconsin
Wisconsin law criminalizes not only the use and possession of marijuana and related drugs, but also the intent to distribute drugs to others. Under Wisconsin Statute 961.41(1m)(h)(1), a defendant may be guilty of the crime of possession of THC with the intent to deliver if the state can show that (1) the defendant had THC in his possession; (2) the substance actually was THC; (3) the defendant knew that the substance was THC; and (4) the defendant intended to deliver the THC to another person. However, the actual facts necessary to support such a conviction can vary and are often a source of disagreement between state prosecutors and criminal defendants. A recent case in the Wisconsin Court of Appeals provides an example of “sufficient” evidence to sustain a conviction under the statute. In State of Wisconsin v. Heart, the defendant, Germaine Heart, was observed by an undercover officer as a woman pulled up to his vehicle in a Walgreens parking lot,…
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Talking Bail Reform at the Schomburg Center
by John Megaw, Director of Special InitiativesThe Vera Institute of Justice and the Mayor’s Office of Criminal Justice hosted a forum on bail reform last week at the Schomburg Center for Research in Black Culture. The forum, titled “Resetting Bail: the Price of Justice in New York City”, took a hard look at the current bail system – how it works, strategies for improving to make it more fair and effective and the pioneering practices already in place to inspire enduring change. Speakers included Elizabeth Glazer, Director of the Mayor’s Office of Criminal Justice, Miriam Popper, Program Director of Alternatives to Detention and Incarceration at the Mayor’s Office of Criminal Justice, Nicholas Turner, President and Director of the Vera and Honorable George Grasso, the Supervising Judge of the New York City Criminal Court Arraignments.One of the pioneering practices highlighted is the new Supervised Release program that began on March 1 in…
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"13 Important Questions About Criminal Justice We Can’t Answer. And the government can’t either."
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[VIDEO] How a VA Ticket can Effect Your PA, NJ or MD Driver’s License
If you are a Maryland, New Jersey or Pennsylvania driver, find out if a Virginia charge can put points on your driving record. © marketing for Andrew Flusche, 2016. | Permalink | No comment | Add to del.icio.us Post tags: Feed enhanced by Better Feed from Ozh The post [VIDEO] How a VA Ticket can Effect Your PA, NJ or MD Driver’s License appeared first on Andrew Flusche.
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Hillary Clinton, on the Road to Prosecutorial Tyranny
In my last post, I gave a preview (courtesy of Harvard Law Prof. Mark Tushnet) of how dreadful a Clinton-appointed Supreme Court would be.I am unhappy to report that that's not the principal reason Sec. Clinton should be denied the keys to the White House. The principal reason is that, as she has already made clear, she will use the awesome power to prosecute as a political tool If that is not the road to tyranny, what is?That's a bold proposition, sure. I invite readers to draw any other conclusion after reading the following account by Stephen F. Hayes in the Weekly Standard. Hayes starts by discussing a series of Clinton's lies, to wit, "that she and Bill Clinton were 'dead broke' when they left the White House; that she set up her private email server for mere 'convenience'; that she neither sent nor received anything classified; that everything she did was in accordance with government rules;…
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***Update*** Crash on Connector No Longer Blocking
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: 5/17/16 11:42 a.m. Please direct questions to the District Office ***Updated Release*** Shortly before 10 a.m. this morning, May 17, 2016, the Idaho State Police investigated a crash westbound on I184 prior to the Curtis Rd. exit. Holli Hezeltine, age 21, of Boise, was westbound on I184 approaching the Curtis exit in a Dodge Neon. Scott Wenger, age 54, of Boise, was in a Sterling truck belonging to the Idaho Transportation Department. Wenger stopped in the left lane for some roadwork. Hezeltine struck Wenger from behind. Traffic on the connector was blocked for more than an hour while emergency crews responded. At this time, the lanes of travel are clear. Both…
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Vox: Bernie Too Far Behind to Win
It's primary day in Kentucky and Oregon. Bernie won't win, says Vox. It's not just the super-delegates. It's the overall numbers. From the New York Times: Trump is borrowing from the Sanders playbook. Hillary airs her first... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Even among skeptics, benefits of marijuana reform seem to eclipse drawbacks in Colorado
I am a fairly strong proponent of marijuana reforms in large part because there seem to be a number of tangible immediate benefits from legalizating, regulating and taxing the marijuana marketplace, while significant drawbacks rarely prove to be as dire as predicted by opponents of reform. Two new stories in...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/YOKMuKcAAeE" height="1" width="1" alt=""/>
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5 Tips You Should Know About Settling a Personal Injury Claim
If you’ve been injured and are currently in the process of handling your insurance claim, there are few things you should keep in mind. Below are some tips from Wayne Cohen, a Washington DC personal injury lawyer.Tip #1: Save All Your DocumentationWhether you choose to manage your claim yourself, or enlist the help of an attorney, always save your receipts. Receipts act as evidence toward the validity of your claim and will expedite the process as well as help eliminate any dispute raised by your claim adjuster. Be sure that your receipts are dated (and, if possible, time-stamped) to build the validity of the expense. Without the date and time stamp on the receipt, your adjuster may have grounds to withhold compensation.Finally, keep an inventory of your receipts. Each set of receipts should be related to some part of the personal injury process; for example, you should have a set of receipts for your medical bills, and another set of pay-stubs for your lost…
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Backdoor Breath Testing 2: Scientific Community's Opinion on Measurement Uncertainty
You’ve been arrested on suspicion of DWI; you were placed in the back of a cop car, brought to a police station, and told to blow into strange looking device that looks like a computer straight out of an 80’s science fiction movie with an E-cigarette attached to it. This machine spits out a number, let’s say .09. This number (.09) will now be used to charge you with a crime, revoke your driver’s license, force you to get “whisky plates,” and potentially even take your vehicle. It is a powerful number indeed. But just how accurate is that number as an indication of your true alcohol concentration? Quite simply, we don’t know, and neither does the Minnesota BCA or law enforcement. That’s because all measurements need to be reported alongside another number that tells you just how accurate (or inaccurate) the measurement actually is – the concept of “measurement uncertainty.” That…
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WHAT ARE MY RIGHTS WHEN I AM PULLED OVER FOR A SUSPECTED DUI?
(This post applies only to persons over the age of 21 or who are not on probation for a previous DUI.) What should you do if you are stopped while driving a vehicle and the cop suspects you are driving under the influence of alcohol? The laws that govern a DUI stop provide you with less rights than you would have during an ordinary police contact. The premise underlying this diminished due process on a DUI stop is that driving on California roadways is a privilege, not a right, and therefore you are not afforded all the protections provided in the Constitution. But you still have certain rights when you are stopped on suspicion of DUI. When you are pulled over for suspected driving under the influence, you are considered detained and you are not free to go. Even though the officer has not yet read you your “Miranda rights,” which is not required until you are arrested, your right to remain silent is triggered at the time of the detention. You must provide the…
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WHAT ARE MY RIGHTS WHEN POLICE WANT TO QUESTION ME IN CALIFORNIA
YOUR RIGHTS WHEN THE POLICE STOP AND QUESTION YOU If a police officer stops you in a public place and begins asking you questions, what rights do you have? (Note that this post does not apply to a DUI stop. For information on your rights if you are stopped for a suspected DUI, see my DUI blog. ) Continue reading →
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TSA Screener Suspended After Newark Airport DWI
A TSA Screener at Newark Liberty International Airport got more than a DWI charge when she was stopped outside the airport at 1:30 in the morning last January. Kimberly Fleming, 33, had a blood alcohol level that was nearly twice the .08% limit, and Port Authority police report that her eyes were bloodshot and she was wearing only one shoe. After failing field sobriety tests, she was booked for DWI, and released later in the day pending an appearance in Elizabeth Municipal Court. Anyone in that situation would need to deal with the drunk driving charge, but because Fleming is an employee of the Transportation Security Administration, she was also subject to a seven day suspension following her arrest. Employers, and especially government employers at any level, often have their own policies related to allegations of off-duty misconduct, which can be costly whether you’re hourly or salaried. Understanding your rights and knowing how to protect your income, career, and…
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NJ Public Safety Official In Hot Water Over DWI Interference
Bergen County Public Safety Director Ralph Rivera, who spent nearly 30 years as a state trooper, has been suspended with pay after a report that he tried to intervene in a DWI stop in Hackensack in March. According to the police report, Rivera appeared on scene shortly after his friend Francisco Almonte was pulled over for failing to use a turn signal around 3:30 in the morning. Rivera interrupted Officer Andrew Kara a total of four times, repeating his law enforcement credentials in an effort to keep his friend, Almonte, from being arrested. Officer Kara explained that he would treat the situation the same as any other, and the incident eventually made it back to Rivera’s Bergen County bosses, who launched an investigation through the Bergen County Prosecutor’s office. Almonte, whose blood alcohol level was ultimately recorded at .03%, has pleaded not guilty to the charges, while Rivera’s future remains in doubt. Rivera will be called as a witness in…
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Penalties For Trafficking In Personal Identifying Information Of Another (N.J.S.A. 2C:21-17.3) In New Jersey
Penalties For Trafficking In Personal Identifying Information Of Another (N.J.S.A. 2C:21-17.3) Under N.J.S.A. 2C:21-17.3, Trafficking in Personal Identifying Information of Another, it is a crime of the fourth degree to possess, distribute, or manufacture items containing personal identifying information about another, without that person’s authorization, and with knowledge that you are engaging in fraud or your conduct will cause harm to another. A conviction at this level can result in an 18 month prison sentence and a fine of $10,000. When the above conduct scales up to include 20 or more items containing personal information about another, or five or more items containing personal information pertaining to five or more persons, the charge becomes a third degree matter, with a three to five year sentence and a fine of up to $15,000. When there are 50 or more items, or ten or more items pertaining to five or more persons, you’ll be charged at the second degree…
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