When the police in Florida believe a suspect committed a crime, they will often take steps to get that suspect to make admissions that can be used against the suspect in court. When the police take someone into custody and seek to get a statement from the suspect, the police have to read the suspect the Miranda warnings informing the suspect that he/she does not have to make any statement and has a right to a criminal defense lawyer. We advise people that it is almost always in a suspect's best interests to remain silent in those circumstances, as the Constitutional gives a person a right to do. It may be a good idea to talk to the police at some point, but it is generally smarter to do so once the suspect has a better idea of the allegations, issues and the process. The police use a variety of tactics to get people to make statements that will incriminate themselves. However, not all such methods are legal. In order for a confession to be admissible in court, it…
An Improper Promise Can Make a Statement Inadmissible in Florida
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What you need to know before taking a DWI test
Are you aware of all of the consequences you face when deciding to take a chemical test after an arrest for driving while impaired (DWI) in Minnesota? The arrested individual should be aware that the police will not tell you everything you need to know to make an informed decision when asked to submit to […] The post What you need to know before taking a DWI test appeared first on Minneapolis DWI Lawyer Douglas T. Kans.
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"[Connecticut] Supreme Court Upholds Abolishment Of Death Penalty, Including For Death-Row Inmates"
From the Hartford Courant: Following a second Supreme Court ruling that outlaws the death penalty for everyone in Connecticut, the state's top prosecutor said Thursday that the 11 men on death row would be re-sentenced to life in prison without...
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"Why Amnesty International Is Calling for Decriminalizing Sex Work"
From The New York Times: It’s official: On Wednesday night, Amnesty International released its long-awaited policy on an incredibly contentious issue, calling on governments around the world to “decriminalize consensual sex work.” Amnesty also wants countries to “include sex workers...
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Study Compares Amount Seized by Law Enforcement through Civil Forfeiture to Amount Stolen by Burglars
Civil forfeiture, the process by which the government can seize and take title to property allegedly involved in criminal activity, has become a widespread—and controversial—practice around the country. Some states have enacted laws requiring a criminal conviction before the state can initiate a forfeiture claim, but federal law and the laws of Texas still allow civil forfeiture even when the underlying criminal act does not result in any convictions. A study released in late 2015 by the Institute for Justice (IJ) offers a rather incendiary set of statistics regarding forfeiture by federal law enforcement agencies. It alleges that the Department of Justice (DOJ) and Department of the Treasury (DOT) obtained more property through forfeiture than was stolen by burglars during 2014. While this comparison is far from perfect, it illustrates the scale of forfeiture at the federal level. Federal law allows the government to bring a civil forfeiture claim to take…
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Texas Has Tougher Penalties on First Offense DWIs Where A Person’s BAC Is Above 0.15
By Bo Kalabus www.rosenthalwadas.com; b.kalabus@rosenthalwadas.com 24-hour Jail Release: 214-402-4364 Prior to September 1, 2011, a first offense DWI in Texas, regardless of the person’s blood alcohol concentration (BAC), was punishable by a fine that would range from $0 to $2,000 and from 72 hours to 180 days in jail (which could be probated). The punishment listed above is still good law on a DWI first offense, but only if the person’s BAC is below a 0.15. For reference, a 0.08 BAC is considered legally intoxicated in Texas. Following the Legislative changes that took effect on September 1, 2011, if a person’s blood alcohol concentration is above a 0.15, the punishment range is enhanced to a fine from $0 to $4,000 and from 0 days to 1 year in jail (again, which may be probated) regardless of whether it is a first offense or not. The 0.15 BAC and above enhancement also has significant impact on the surcharges that DPS will levy on a person following a DWI…
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"To Save Our Justice System, End Racial Bias in Jury Selection"
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No Child Support as Free Pizza Will Suffice
Italians have given the world many gifts including opera, the jacuzzi, liposuction, and Roman law, which fostered the foundation for many of the world’s legal systems. However, some say Italy’s greatest contribution (apart from pasta) is PIZZA. As Tiger Woods once said: “And I don’t cook…not as long as they still deliver pizza”. Fast forward to 21st century Italy where an Italian court in Padau this week ordered that a divorced father and former pizza restaurant owner, who had fallen on hard times, could discharge his child support obligation by providing free pizza to his daughter, who resided with her mother. The former couple, Nicola Toso and Nicoletta Zuin divorced in 2002 and Mr. Toso faithfully paid his child support. But with the world recession in 2008 he began to struggle financially. By this time he had remarried and had three children with his second wife. Between 2008 and 2010 Mr. Toso offered his ex-wife pizzas and…
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Unsurprisingly after Ohio legislators act, MPP suspends 2016 campaign for medical marijuana ballot initiative ... (so they can gear up for 2018 or 2020 recreation one?)
As reported in this local breaking story, headlined "Ohioans for Medical Marijuana suspends ballot initiative campaign," the passage of a big medical marijuana bill by the Ohio General Assembly this past week has now already had a major impact of Ohio marijuana reform policy and practicalities. Here are the details:...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/GRKZGB6zF2g" height="1" width="1" alt=""/>
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Update:crash US-93 near Hollister
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000 Fax (208) 324-7897 For Immediate Release: Saturday May 28,2016 10:15 a.m. Please direct questions to the District Office ********update******* All lanes are back open at this time. HG/JS *************************************** The Idaho State Police is currently investigating a crash on US-93 at milepost 30, three miles north of Hollister. The lanes are completely blocked at this time. More information will be released as it becomes available. HG/JS -------------
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How Violence and Crime Have Hurt Michigan Education
School violence and crime are problems in many cities across the U.S., and while it’s believed violence is decreasing, many schools fail to report incidents. This means the data on school crime is somewhat unreliable, and unfortunately incidents involving violence are often downplayed. In Michigan, violence and crime in schools seems especially problematic, particularly in high-crime areas such as Detroit, Benton Harbor, and Flint. While violence and crime occur in middle schools and high schools, colleges and universities have become top stories in the news recently as it seems sexual assaults become more common (or at least more are being reported). In 2015, MSU (Michigan State University) was ranked the most dangerous campus in the country by crimewatchdaily.com, taking data from 2013. MSU ranked fourth in per capita crime rates in the country. School shootings and bullying in schools are two other highly visible topics that have been in the…
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Sexual Assault in Michigan: Dating Violence
Dating violence is far more common than most of us think, and often involves sexual assault or “rape.” Whether a couple has been dating for a year or it is a first date makes no difference. A forced sexual act without the consent of the other person is unlawful, and could result in criminal charges if the alleged victim decides to come forth and report it to law enforcement. Dating violence in Michigan as well as other states knows no boundaries in terms of age; sexual assault can happen to someone who’s 13, 18, 40, 60, or even older. In some cases of sexual assault a victim may have been drugged with a “date rape” drug such as Rohypnol, a powerful sedative. In other cases, those involved in a dating relationship may have engaged in drug activity, drinking alcohol, or other substances that can impair a person’s ability to think rationally. In many cases of dating violence involving sexual assault, there are no…
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Final update: Fatality Crash near Hollister
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000 Fax (208) 324-7897 For Immediate Release: Saturday May 28,2016 11:50 a.m. Please direct questions to the District Office *******Final Update******** On Saturday, May 28, 2016, at 4:55 a.m., the Idaho State Police investigated a two-vehicle fatality crash on US-93 at milepost 30, north of Hollister. Bennett Lawton, 26, of Wendell, was driving southbound in a 2015 Honda Civic. Hilario Ojeda-Salazar, 55, of Bakersfield, California, was driving northbound in a 2006 Peterbuilt semi truck with a single trailer. The Honda crossed the center line and collided with the semi. Both drivers were wearing their seatbelts. Lawton succumbed to his injuries at the scene of the crash. US-93 was blocked in both directions for five…
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Calling out Leg/Reg, Ad Law scholars to start looking seriously at pros/cons of structures of state (and eventually federal) medical marijuana reforms
As explained in this prior post, this past week the Ohio General Assembly passed a massive medical marijuana bill that creates a remarkable regulatory structure for the development and application of rules and regulations for medical marijuana in the Buckeye State. Specifically, the 126-page(!) Ohio medical marijuana bill (available here;...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/KyYWg2drtow" height="1" width="1" alt=""/>
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NPR: Victims Of Civil Asset Forfeiture Criticize New Federal Rules
NPR: Victims Of Civil Asset Forfeiture Criticize New Federal Rules with Martin Kaste: Early last year, the Obama administration pledged to reform the civil asset forfeiture system, by which police can seize and keep suspicious assets without having to convict … Continue reading →
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Fiery Car Chase Results In DUI Arrest With Kids In The Car
On May 18, 2016, Marin County CHP officers attempted to stop a vehicle for speeding when the driver refused to yield and took them on a chase into Sonoma County. CHP officers eventually stopped the driver by placing spike strips on the highway in Petaluma. The car ran over the spikes but the driver kept driving on flat tires until sparks caught the back of the car on fire. The driver pulled off the highway in Cotati and when CHP officers approached her car they noticed two small children were in the back seat. After detaining the driver and investigating whether she was under the influence the officers placed her under arrest. The driver was subsequently charged by the Marin County District Attorney with recklessly evading police, child endangerment, driving under the influence of drugs and resisting a police officer. If you are arrested for DUI, p or child endangerment in San Anselmo, San Rafael, or Novato, call an experienced…
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CA11: Handling a key fob during a consent search for drugs was not unreasonable because there was RS
The person who rented the motel room for defendant and another still had the key and equal access to the room to consent to its search. In a consent search of the room for drugs in a suspected drug dealing … Continue reading →
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WA: DUI probationer’s condition of random UAs was reasonable
A DUI probationer’s probation condition of random UAs was reasonable to “to ensure compliance with a probation condition prohibiting the consumption of alcohol, marijuana, or non-prescribed drugs.” Trial court erred in setting the condition aside. State v. Olsen, 2016 Wash. … Continue reading →
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GA: Forfeiture answer pleading illegal search and seizure has to plead facts
“Loveless also complains that the trial court erred by striking his Answer when he had raised therein a sufficient defense, namely that the search and seizure occurred in violation of the Fourth Amendment. However, the Answer did not include those … Continue reading →
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M.D.La.: SW for examination of boat two years after alleged false BP spill claim for repairs not performed wasn’t stale
Defendant was suspected of making a fraudulent claim in the BP oil spill litigation claiming repairs on a boat. The government gathered information from others that strongly suggested that the boat was neither damaged nor repaired. The government finally applied … Continue reading →
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