From Jurist: JURIST - Federal appeals court rules Microsoft may protect customers' e-mails The US Court of Appeals for the Second Circuit [official website] ruled [opinion, PDF] Thursday that Microsoft [corporate website] is not required to hand over customers' e-mails...
"Federal appeals court rules Microsoft may protect customers' e-mails"
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Jon Katz returne July 22 from vacation
My family and I are visiting my wife’s native Korea. While having a great vacation, my blog entries will be few to none until my July 22 return.
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Pokemon Go Game Theory
The only saving grace of the mistake was that he aimed, fired and missed the two boys. A man was sleeping in his Palm Coast area home about 1:30 a.m. when a loud noise woke him up. The 37-year-old looked outside and spotted a white car parked in the road outside his Primrose Lane house, said Flagler County Sheriff’s Office Jim Troiano. He grabbed his handgun and went outside to investigate. As he came up to the car, he overheard one of the two teens say “did you get anything?” Troiano said. That’s when the man stepped in front of the vehicle, thinking they had possibly broken into his home, raised his gun and ordered them not to move, officials said. They drove toward him in their “escape,” and thinking they were trying to strike him, he fired. Were they trying to rob his home? No. Were they trying to run him down? No. Then what were they doing? Officials talked with the teens who said they were sitting in the car hunting two Pokemon—a…
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Beware The Loyal Opposition, ACLU Edition
Advocacy groups can be great. And suck. Even when they’re putatively on the same side of an issue, their “good intentions” may be as harmful as those opposing. Some groups are well-established, and enjoy credibility among the public. Some were born yesterday and are comprised of three people and a dog. Some have highly qualified lawyers on staff. Some have people with neither skills nor knowledge, but tons of passion. Some have lawyers suffering from deep personal conflicts with the group’s goals. Point these things out and everybody gets wildly offended. No matter how obvious or accurate, nothing pisses off the passionate advocate more than not validating them. So what? The problem became glaringly apparent with regard to the newly proposed federal revenge porn law. In the many reports on the proposal, the only opposition voice mentioned was that of the ACLU. But the bill has its detractors. The ACLU has voiced concerns that revenge porn…
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W.D.N.Y.: Smell of MJ on one in car doesn’t justify search of other two
Where the smell of marijuana came from one person in a car of three, searching all three was unreasonable. United States v. Brock, 2016 U.S. Dist. LEXIS 90990 (W.D.N.Y. July 12, 2016): Second, the Court does not agree that the … Continue reading →
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By what benchmark should we judge prison spending growth?
The Texas Tribune recently reported that prison spending in Texas "increased by 850 percent between 1989 and 2013, while the rate of funding for pre-kindergarten to grade 12 education grew by 182 percent." This more or less jibes with other recent estimates out there. Earlier this month, the Alliance for Safety and Justice posted this graphic on their Twitter feed:Texas' prison population was 37,621 in 1985 (source), and today is around 150K, so it's not just the prison budget but the inmate population which grew. That 850 percent budget increase paid to house roughly 300 percent more inmates compared to the '80s.That prison spending exploded and inmate populations quadrupled over this period is significant; that the growth rate outpaced education spending so severely, perhaps less so. So much more money is spent on education that the rate of increase is lower, even though the dollar amount of the increase may be greater. To me, the more…
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GA: Woman’s presence in a camper telling police she shares the bedroom was reasonable for apparent authority
A woman’s presence in defendant’s camper, his residence, was some evidence of her authority to give consent for officers to enter the camper, particularly where she told the officers, shortly after they entered and before they saw the handgun, that … Continue reading →
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Ninth Circuit rejects district court's decision to base sentence on drug amount higher than jury's special verdict
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CA1: Fictitious name of trade assn in mail fraud scam left def with no REP in mail
Defendant created a fictitious trade association and sent out bills, getting many checks back from thousands he mailed out. He had no reasonable expectation of privacy in the envelopes that he had not yet received because of the fictitious names. … Continue reading →
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Houston Chronicle: 298 wrongful drug convictions identified in ongoing audit
Houston Chronicle: 298 wrongful drug convictions identified in ongoing audit by Lise Olsen and Anita Hassan: In all 298 cases, prosecutors accepted both felony and misdemeanor plea deals before lab tests were performed. The $2 roadside tests, which officers use … Continue reading →
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Top-Ten Recent SSRN Downloads in Criminal Law eJournal
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 169 Shut Out: How Barriers Often Prevent Meaningful Access to Emergency Shelter Suzanne Skinner and Sara Rankin Seattle University School of Law and Seattle University School of Law Date...
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Why the increase in number of Texans shot by police?
The number of people who die while being arrested by a Texas law-enforcement officer nearly doubled between 2005 and 2015, according to data compiled by the Dallas Morning News, with police shootings accounting for nearly all of the increase. For context, the total number of arrests over the same period declined by 20 percent, so not only are more people being shot, more are being shot per police encounter. An extraordinarily pregnant Brandi Grissom reported that:More than half of the deaths from 2005 to 2015, 511 cases, were considered justifiable homicides, instances in which police used deadly force on a suspect because they feared for their own lives or the lives of others. And those numbers have been rising, from 32 justifiable homicides in 2005, to 61 in 2014 and 54 last year.The bottom DMN graphic at right depicts the leading causes of deaths in police custody, with a significant spike in deaths that agencies reported as "justifiable homicides." (The other…
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Case o' The Week: The Sixth & the Ninth - Pimentel-Lopez, Jury "Drug Amount" Verdicts, and Guideline Sentences in Drug Cases
Here’s a radical Sixth Amendment wish: respect the crucial role of juries, by constraining the guideline calcs of sentencing judges with the findings in a jury’s verdict. (Wish granted). United States v. Pimentel-Lopez, No. 14-30210 (9thCir. July 15, 2016), decision available here. Honorable Judges W. Fletcher, Kozinski, and Fisher Players: Decision by Judge Kozinski, joined by Judges Fletcher and Fisher. Facts: Pimentel-Lopez was convicted of possession with intent and conspiracy to distribute meth. Id.at *3. The jury completed a form, provided with the consent of the parties, that attributed to Pimentel lessthan 50 grams of a substance containing a detectible amount of meth. Id. At sentencing, the district judge found the actual quantity was over 4 kilos, with a guideline range of 235-293 months. The judge imposed 20 years. Id.at 5. Without the court’s “over 50 gram” determination, the guideline range would have…
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How to Deal with Criminal Protective Orders in Domestic Violence Cases
How to Deal with an Emergency Protective Order or Criminal Protective Order in Domestic Violence Cases If you have been arrested for domestic violence there is a good chance there will be an emergency protective order issued immediately after your arrest. There will most likely be a Criminal Protective Order which will follow you during the pendency of your criminal case and during probation, should you be convicted of a crime. An Emergency Protective Order is a short term order, normally valid for 5 to 10 days, issued by a judge based upon a declaration of police saying that some sort of violence has occurred. The order is served upon the arrestee by law enforcement and mandates that the person arrested stay away from the protected person. The short term order is to allow the protected person to get away from the violence and give them enough time to go to court for a temporary restraining order. If you are served with an Emergency Protective Order, this…
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Advice if Subjected to a DUI Stop
Within the last year in California, reports reveal that there were 882 fatalities due to drunk driving. As a result of this high number of fatalities, California strongly enforces its regulations regarding drunk driving. These consequences can follow an individual convicted of DUI around for a long time. If an individual is subject to a driving under the influence stop, there are certain pieces of advice that one needs to follow. It is recommended that the following pieces of advice be followed if an individual is subject to a driving under the influence stop: Argue You Were Not Under the Influence. Your attorney might very likely be able to show that evidence demonstrates that you were not intoxicated at the time that you were stopped by law enforcement. Blood Alcohol Content Defense. Because your body continues to metabolize alcohol after you drink, your blood alcohol content is not necessarily at its highest point after you’ve just finished your last drink. As a…
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Smith v State - DUI and the right to a Constitutional Speedy Trial examined
Smith v. State, A16A0519, Georgia Court of Appeals, July 13, 2016. Jason Smith appealed from his conviction of DUI per se as a result of a five year delay from his arrest on May 5, 2007 to his bench trial on June 1, 2012. The Court of Appeals remanded the case to the trial court despite this second appearance on appeal as the Trial Court had failed to consider all the factors required by the Georgia Supreme Court in evaluating a Constitutional Speedy Trial under Barker v. Wingo, 407 U.S. 514, (1972). The Four Barker v. Wingo factors for a trial court to consider are: (1) Length of the Delay; (2) Reason for the Delay, (3) Defendant's assertion of his right to a speedy trial; and, (4) Prejudice to the Defendant. See, Higgenbottom v. State, 288 Ga. 429 (2011); Johnson v. State, 291 Ga. 863 (2012). The Court of Appeals found that the length of the delay was over five years and one year is presumptively prejudicial especially in the case of a DUI where the…
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A Louisiana Protest That Got Too Enthusiastic
Many readers will already have heard about the episode today in which a "protester's" response to the police "murder" of Alton Sterling became, ummm, overly enthusiastic, resulting in an unfortunate situation that we could have avoided if the cops would finally own up to their years of racist oppression.That, at least, is my first draft of the forthcoming Black Lives Matter press release.What actually happened, obviously, is that several police were lured to an ambush murder. Thus far the number dead is three. Three others lay wounded.I should perhaps be more circumspect so soon after this incident, but I've found that "circumspection" has become liberal code for "keep your mouth shut until we figure out the spin this time." Today, I'm not biting.BLM and its allies and enablers, including Barack Obama, Hillary Clinton and a goodly chunk of (almost all Republican) libertarian politicians have spent years…
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Dedicated, Aggressive Representation From a Knowledgeable Monmouth County Criminal Lawyer
Monmouth County Criminal Lawyer Ian Goldman will work with you, explain the legal process, investigate, and fight for you. We have had great success obtaining not guilty verdicts, dismissals, and favorable plea bargains.At IMG Legal Group, you will receive dedicated, aggressive representation from a knowledgeable Monmouth County Criminal lawyer. We make hiring an attorney easy by being free consultation lawyers in NJ, flexible payment plans, and accepting all major credit cards.Ian Goldman has offices in Jackson, NJ and Red Bank NJ. For more information about Mr. Goldman visit IMG Legal Group online at www.IMGLegalGroup.comContact Jackson & Red Bank, NJ Criminal Defense Attorney today.Visit us on line at http://www.ImgLegalGroup.com for a FREE CONSULTATION.Monmouth County Law Office125 Half Mile Rd, Suite 103 Red Bank New Jersey 07701Ocean County Law Office2105 W. County Line Rd #3, Jackson, NJ 08527Contact UsTel: 732-993-7295 | Cell:…
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Internet Answers, Unsocial Media, and Blood Shed
I don’t write as much as some other bloggers. Sometimes, I think it’s because I’m not as smart; I don’t see things as clearly. Other times, I think it’s just because having been a lawyer for only about 10 years, I don’t have enough experience. (Don’t take that as meaning I’m not a good enough lawyer. You’ll want to see what others have to say about that.) And, although I’m not above it, I don’t like to write about things that are unconnected from the law—I think that’s what personal, or political, blogs like my old Unspun™ blog are for. But, when it comes down to it, the things I think about most, and want to write about most are very complicated, and a blog post seems inadequate to explain something, and then wrap it up with a solution, or at least a suggestion, in around about 2,000 words, which is the length of my average blog post, it seems.1 I sit down at the keyboard to write about what…
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Manhattan Embezzlement Investigation Results in No Charges: Grand Larceny Case in Excess of $100,000 Stops Short of Arrest
Sometimes the threat of an arrest or prosecution is enough to send an innocent person into a deep depression or panic. After all, if an Assistant District Attorney or detective with the NYPD is asking you questions (never forget your right to counsel and similar right to refuse to answer questions), the hint of wrongdoing is as embarrassing as it is crippling. In the context of a White Collar crime such as a larceny, theft, tax fraud or embezzlement related offense, whether it is your neighbor, employer, accountant or friends, when these people are subpoenaed or merely questioned by law enforcement, the brand of the Scarlet Letter is coming in hot. With or without an arrest, the old adage of “where there’s smoke there’s fire” holds true even if you are free from any wrongdoing. Simply, it is never too early for you and your criminal lawyer to get in front of these types of allegations. As New York criminal defense attorneys familiar and experienced in…
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