From The New York Times: Peter Moskos, a former Baltimore police officer who teaches at John Jay College of Criminal Justice in New York, said that Ms. Mosby had “overplayed her hand.” Charges were filed too quickly, he said, adding...
"Police Officer in Freddie Gray Case Is Acquitted of All Charges"
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"Illinois Lawmakers Unanimously Pass Ban on Unwarranted Stingray Surveillance"
FourthAmendment.com links to and excerpts this story. In part: On May 18, the state legislature of Illinois passed a bill all but absolutely banning the warrantless deployment of Stingray cellphone surveillance devices in the Land of Lincoln. The text of...
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Alan Wagman: Champion. Public Defender. Brilliant.
Alan.You's did good my man. You did good.You are a hero.http://www.abqjournal.com/778791/public-defender-apd-at-odds-over-undercover-stings.htmlAnd Alan's hits just keep on coming.http://www.burquemedia.com/index.php/2016/05/20/albuquerque-fights-drug-war-by-trading-dope-for-clothes-sex-colic-medicine/I am so proud of you Alan, so proud.
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"An Experimental Study of the Effectiveness of Certificates of Recovery as Collateral Consequence Relief Mechanisms"
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Cognitive Dissonance - Or Maybe He Just Lied
Sure, one or the other is maybe a typo. On the other hand, maybe not. Because once you start lying. . . .It's from Foster v. Chatman, the opinion about racially-motivated peremptory challenges released today by SCOTUS. You know, the one where Chief Justice Balls and Strikes Roberts views the instant replay and says the Georgia prosecutors who secured a death sentence for Timothy Foster some 30 years ago and have fought tooth and nail to maintain it since then lied through their teeth when they said that race had nothing to do with why they used peremptory challenges to strike all the black jurors. Sure, they marked their juror sheets with capital B's next to all the black jurors, then highlighted them in green. Sure they had a note explaining what to do if they were forced to have a black juror. But, you know, they just did that so they could be careful about accidentally striking those jurors because they were black.…
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Slobogin on Policing as Administration
Christopher Slobogin (Vanderbilt University - Law School) has posted Policing as Administration (University of Pennsylvania Law Review, Vol. 165, 2016) on SSRN. Here is the abstract: Police agencies should be governed by the same administrative principles that govern other agencies....
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News Scan
'Blue Lives Matter' Bill to become La. Law: A bill that would make attacks on police officers and other first responders a hate crime is expected to become law in Louisiana this week. Greg Hilburn of the Daily Advertiser reports that state Rep. Lance Harris' bill, House Bill 953 or "Blue Lives Matter," will be the first law of its kind in the nation specific to law enforcement, amending an existing law which classifies hate crimes as those based on bias against race, age, gender, religion, color, creed, disability, sexual orientation, national origin or ancestry. The bill won unanimous support in the House and overwhelming support in the Senate, and is expected to be signed into law sometime this week by Gov. John Bel Edwards.AB 109 Probationer Arrested on Numerous Violations: An AB 109 probationer was arrested in Murrieta, Calif., over the weekend along with two other people with active felony warrants. Trevor Montgomery…
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Book 25% off and free shipping next 56 hours
Until Midnight Eastern, May 26th. Call 937.247.8271 or email niki.lee@lexisnexis.com to receive 25% off + FREE shipping on orders over $350.
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Boating and Intoxication
The Position of the Law The dangers of driving while drunk take different forms. It may lead to bodily harm for the drunk individual or someone else; or destruction of property; losing your driver’s license; or worse, being slapped with a DUI charge. For purpose of clarity, DUI is the acronym for ‘Driving Under the Influence.’ A related term is DWI, short for ‘Driving While Impaired,’ which depending on the jurisdiction may either be a synonym of DUI or have a different meaning. In this article, the goal is to find out if DUI or DWI, regardless of its name, also applies to boating. If yes, then what are the consequences? The important question—Can I get breathalyzed on a boat?—also receives a thorough answer. Both state and federal laws frown on boating while intoxicated. However, state laws have different consequences for mixing boating and alcohol use. As expected, the consequences of boating under the influence are stiffer in states…
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Getting Therapist Records in a Child Sexual Abuse Allegation
It is common for children to be placed in therapy when sexual abuse is either suspected or alleged. In fact, police departments, social workers and child abuse investigators will frequently refer cases to child therapists that they believe will assist with disclosure or treatment of sexual abuse. It is critical that criminal defense attorneys, representing clients in molestation or sexual abuse cases, get any and all therapy records and examine the records for impeaching or exonerating evidence. Therapists are mandated reporters under California law. If a therapist has made an official report saying that a child claimed abuse, that information will be discoverable and should simply be listed in a police report. Attorneys should issue a subpoena duces tecum or “SDT” to the therapist for all records regarding the child, including emails, notes, billing statements, photocopies of books and photographs of toys that were used as part of the therapy. Continue reading…
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“THE POLICE SAY I MADE THREATS TO COMMIT A CRIME AGAINST SOMEONE. CAN I BE PROSECUTED FOR THAT?”
We are going through a rather bumpy ride through this political season. Insults are being handed out like candy, including against the Commander-In-Chief. However, there are limits (at least, as to most presidential candidates) which folks are supposed to know they cannot breach. Do you know what they are? Alex Hernandez, 31 and hereinafter the “Defendant” may have missed that particular memo. The Defendant, an inmate at Old Colony Correctional Center in Bridgewater, has been charged with threatening to kill President Barack Obama. The charges were brought Monday with two counts of threatening to kill the President and inflict bodily harm upon him. You may be wondering how in inmate in state prison got out to threaten the President. Well, actually, he didn’t. What apparently happened was that federal agents launched an investigation in March 2015 after an unnamed inmate told someone that the Defendant, another inmate, had told him that he wanted to…
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Northbound Traffic Backed up on Interstate 15, 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: 5/24/2016 at 3:40 p.m. Please direct questions to the District Office Idaho State Police is currently investigating a crash in the northbound lanes of Interstate 15 at milepost 97, north of the Blackfoot exits. At this time, the left hand lane is completely blocked. Traffic is slow in the right hand lane. A full release will be issued when information becomes available. do / dk -------------
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Traffic Again Flowing Smoothly on Interstate 15, 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 UPDATE: For Immediate Release: 5/24/2016 at 3:40 p.m. Please direct questions to the District Office All lanes of traffic are flowing smoothly in the northbound lanes of Interstate 15 at milepost 97, north of the Blackfoot exits. Further crash details will be released when they are available. do / dk END OF UPDATE ~~~~~~~~~~~~~~~~ For Immediate Release: 5/24/2016 at 3:40 p.m. Please direct questions to the District Office Idaho State Police is currently investigating a crash in the northbound lanes of Interstate 15 at milepost 97, north of the Blackfoot exits. At this time, the left hand lane is completely blocked. Traffic is slow in the right hand lane. A full release will be issued when…
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Is a Warrant Required for a Forced Blood Test in a DUI Fatality or Serious Bodily Injury Case in Florida?
For DUI cases involving death or serious bodily injury with a forced blood draw, a warrant is required. Without a warrant, the criminal defense attorney can file a motion to suppress the blood and blood test results. The only exception to the warrant requirement that might apply involves a showing of exigent circumstances. For cases […]
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San Diego DUI: Early Termination Of Probation/Expungement
Once a driving under the influence defendant pleads guilty or is convicted after a jury trial, their criminal record will reflect this indefinitely. Since criminal records are public records, they can be easily searched and found by law enforcement agencies, employers, and state licensing agencies. Most probationers want to get their criminal record cleaned up as soon as possible so their record does not hinder them. A standard DUI sentence includes a term of probation. Under California law, Penal Code Section 1203.4, a person is eligible for an expungement “in any case in which a defendant has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the period of probation.” There are a few exceptions to this rule where an expungement is not available. Examples of this are when the person served time in prison for this offense or the offense was a sex crime. Most drunk driving cases are eligible…
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Easiest Decision of the Year
The Justice Department has announced that it will seek the death penalty against Dylan Roof. About a year ago, Roof sat in a pew in the Emanuel AME church in Charleston, SC. After an hour in which several parishoners were holding a Bible discussion, he shot nine of them to death. The victims were all black; Roof is white. He did it out of racial hate, neither more nor less. To my knowledge, no sane person has raised any question about who committed this massacre or why.I worked for DOJ for years, and I cannot fathom why it would take eleven months to decide on the death penalty. Being as charitable as I can, my guess is that the Department was careful to solicit the views of the victims' families, and that opinion was divided. Some very religious people oppose capital punishment under all circumstances.Roof, however, is a walking, and conclusive, case for the death penalty. The idea that a prison sentence, regardless of its length,…
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Exigent Circumstances for a Forced Blood Draw in Florida DUI Cases
Warrants for blood draws in misdemeanor DUI cases are not allowed under Florida Law. In a felony case for death or serious bodily injury, Florida Statute 316.1933 purports to allow a forced and warrantless blood draw, although the constitutionality of that statute is in question after the Supreme Court’s ruling in Missouri v. McNeely, 133 […]
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Lobbyists, start your engines: revisions to Ohio medical marijuana bill creates array of regulators and rule-makers
As reported in this local article, headlined "Senators remove pharmacist requirement from medical marijuana bill," the Ohio General Assembly has done some additional notable tweaking of the medical marijuana legislation being fast-tracked in this state. Here are the latest details, along with my explanation for the Indy 500-inspired title to...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/oDtGm3tl6Qs" height="1" width="1" alt=""/>
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Examination of Male Domestic Violence Victims Remaining Silent, Part III
No one should live in fear. No one deserves to be abused. No one asks for domestic violence. Victims need to be helped and protected. These are platitudes that are now generally accepted by the public. This is good because they are true. However, there is an unspoken societal caveat to these statements. Society quite often assumes that the victims are always women and the abusers are always men. This is simply not true. The truth is not made any easier for the public to accept since the cases of domestic violence with a male victim are vastly under-reported. There are many reasons for this and this article is a continuation of an examination of this issue. One of the reasons why men may choose not to report domestic violence is one that was traditionally a reason woman did not report domestic violence. The reason is financial dependence. Many think that a woman will choose to stay with an abuser because she is financially dependent. That is still true but it is for different…
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Is Florida Statute Section 316.1933 Unconstitutional?
Florida Statute Section 316.1933 is silent as to whether a warrant is required for a forced blood draw. The statute does however, say that the blood test must be “reasonable.” This reasonableness requirement expressed in Florida Statute Section 316.1933 could be read as a recognition that the forced taking of blood on a pre-arrest basis […]
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