The DEA and Mexico (at the request of the U.S.) have been trying to find Rafael Caro-Quintero since 2013, when Mexico released him from prison after serving 28 years of a 40 year sentence, following a court decision later reversed. I doubt they... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
El Proceso Scores Interview with Rafael Caro Quintero
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Army Sergeant Arrested in Broward for Underage Sex Crimes
A U.S. Army sergeant is facing serious felony charges after the 26-year-old reportedly showed up at an agreed-upon location with lubricant, candy, condoms and cash for what he thought would be an encounter with two young girls, ages 12 and 14. Instead, was greeted by agents with both the Broward County Sheriff’s Office and the Federal Bureau of Investigation (FBI). He apparently did not realize he had been communicating with an undercover law enforcement officer. According to the Sun Sentinel, Alexis Kirk Torres was reportedly in the process of transferring from Hawaii to a new base for a different assignment. However, he now faces charges of soliciting or enticing underage children to engage in a commercial sex act. In Florida, it is a crime to solicit a child for unlawful sex via the use of an online service, internet service or other electronic device. The crime can be charged if the alleged victim is an actual minor or is simply believed to be a minor. It wasn’t…
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TN: Revocation of consent has to happen before the search
The state proved defendant consented to a blood draw. Revocation of consent came after the blood draw and was too late. State v. Dotson, 2016 Tenn. Crim. App. LEXIS 503 (July 13, 2016). Late night stop of a known gang … Continue reading →
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Top-Ten Recent SSRN Downloads in Criminal Procedure eJournal
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 246 It's Too Complicated: The Technological Implications of IP-Based Communications on Content/Non-Content Distinctions and the Third Party Doctrine Steven M. Bellovin, Matt Blaze, Susan Landau andStephanie K. Pell Columbia...
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Case o' The Week: One to Savor, on Appellate Waiver --Torres, Appellate Waivers, and Illegal Sentences
The government cannot coerce a defendant to waive the right to appeal an illegal sentence. (Troubling that our government tries: reassuring that the Ninth rebuffs). United States v. Jimmy Torres, 2016 WL 3770517 (9thCir. July 14, 2016), decision available here. Players: Decision by Judge Murguia, joined by Judges Wardlaw and W. Hon. Judge Mary H. MurguiaFletcher. Big win for D. Nev. AFPDs Rachel Korenblat, Alina Shell and Amy Cleary. Facts: Torres pleaded guilty pursuant to a conditional plea to § 922(g)(1). Id. at *3. The conditional plea allowed an appeal of the denial of a motion to suppress.Id. He was sentenced to 92 months; Torres did not object to the use of priors to increase his guideline range. Id. at *7. In fact, Torres stipulated in his plea agreement to a range that included a big bump for prior “crimes of violence.” Id. On appeal, Torres challenged the use of the “crimes of violence” to enhance his sentence,…
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Pokémon Go – Being Safe on the Roadways!
It has been two weeks since Pokémon Go debuted and the popularity is continuing to soar. There are more and more groups of children and adults walking around neighborhoods just staring into their phones. What is Pokémon Go? Pokémon Go is a virtual reality game that you play using your smartphone, wherein the game will use the phone’s GPS and cameras to catch these Pokémon creatures as one wanders the neighborhood. While this game is increasing in its popularity, the game certainly distracts users from their surroundings. Because many are distracted and aren’t paying attention to what it going on around them, many accidents have started to occur. Just recently in Pittsburgh, a teen was hit on a highway while playing the Pokémon Go game. Ten days ago when the game first came out, a man in Massachusetts caused a major pile up on an expressway after stopping in the middle of the highway to catch a Pokémon. These were…
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Campaign to Bring Back Drink Specials to Massachusetts Underway
After work, many people like to head to the bar on the way home to have a drink or two with friends. While you can do this in Boston, or across the Commonwealth of Massachusetts, you aren’t going to find any drink specials or other discounts like you do in other parts of the country due to a roughly 30-year-old law prohibiting bars and restaurants from offering happy hour specials. The reason for this law, one that a number of other states also enacted, was to cut down on the number of drunk driving accidents that had reached alarming rates. It was fairly easy to connect people getting discount drinks before their drive home with the number of drunk driving accidents, some of which are fatal or result in serious personal injury. However, according to a recent news feature from Mass Live, the Boston-based makers of an app aimed at helping friends go out after work, has started a petition to bring happy hour back to Boston and the rest of the Commonwealth. The…
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Another Hurdle for Certain DWI Defendants – Visa Revocation
DWI cases can be difficult and challenging under the best of circumstances. Careful discovery review and analysis is crucial to any positive outcome. First, the defense attorney needs to have a thorough understanding of the standard battery of field tests that police employ in assessing drivers suspected of operating a vehicle while under the influence of alcohol. These tests include the Horizontal Gaze Nystagmus test, the Walk-and-Turn test, and the One-Leg-Stand test. Each of these tests must be administered properly, and the steps the arresting officer is supposed to follow, including the instructions given and the subject’s performance, should be clearly outlined in the discovery that the State provides in connection with the case. Further, cases involving alcohol typically involve a breathalyzer test. Here again, an officer certified to administer the test must do so following a relatively long and complex list of testing protocols. The…
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Murder Conviction Based Upon Hearsay Testimony Reinstated by New Jersey Supreme Court
On September 20, 1992, the police received reports that someone had fallen from a 12-story cliff near the New Jersey Palisades. They arrived in the area and found Stephen Scharf, who told them they he and his wife, Jody, were having a picnic before going to a comedy club in New York City. Scharf also stated that they were drinking in their car, and then went to a lookout area described as their “spot”. Finally, Scharf told the police that while he was getting a blanket and more drinks from their vehicle, Jody fell from the rocks. Jody’s body was later found, and her blood alcohol content was 0.12. At that time, the medical examiner could not determine a cause of death. Other facts undermined Scharf’s story. Jody was seeking to divorce him, alleging that he was abusive and unfaithful. Further, at some point within the past year, Scharf had taken out a $500,000 life insurance policy on Jody. Because of such…
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N.D.Ga.: Use of an electronic “sniffer” to find a target computer in a college building was particular
Police used an electronic “sniffer” to attempt to find a MAC address of an operating computer in an Emory University building. “The affidavit described the plan to use a sniffer to ‘identify the wireless device associated with the suspect MAC … Continue reading →
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CA8: Def’s admission to friend, relayed to police, that he was assaulting women in house justified warrantless entry
Defendant’s third hand reported admission he was serially assaulting two women in his house justified a warrantless entry. Defendant called his sister who called another who called the police that defendant had just assaulted a woman in his home and … Continue reading →
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NM: Two stops of def in quick succession; second valid because of new facts
Two stops of defendant towing a van a couple of minutes apart were separately justified. The second stop was based on the owner of the van saying that defendant took it from him, but that was only to a second … Continue reading →
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MO: Officers serving arrest warrant found a house full of gas from a working meth lab and could enter
Officers came to defendant’s house to arrest him on a warrant. When the door was open, there was a cloud of smoke that smelled like a working meth lab. One officer left to get a warrant. Another opened doors to … Continue reading →
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Two new US Sentencing Commission "Quick Facts" on federal gun sentencing
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Covering VP candidate Tim Kaine's history on crime and punishment issues (especially the death penalty)
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Noticed that there are fewer postings? Working on the 2016 supplement
Not to mention 140 hours on an Eighth Circuit brief filed two weeks ago.
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Top-Ten Recent SSRN Downloads in Criminal Law eJournal
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 114 Public Attitudes toward Data Fraud and Selective Reporting in Science Justin Tyler Pickett and Sean Patrick Roche School of Criminal Justice, University at Albany, SUNY and University at...
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DNC Opens in Philadelphia
It's Day One of the DNC. Among the prominent speakers tonight are Michelle Obama,Bernie Sanders and Elizabeth Warren. Debbie Wasserman Schultz of Weston, chairwoman of the Democratic National Committee, will not open the convention (she... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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After DWI, Twins Pitching Coach Returns to Team
Twins pitching coach Neil Allen has returned to the team, just under 2 months after a leave of absence due to a DWI arrest. “They could have very easily told me to take a hike. They could have thrown me to the curb, and they didn’t. They probably saved my life with everything they just did. For that, I thank them from the bottom of my heart,” an emotional-sounding Neill Allen told the team during a pre-game meeting, according to the Twin Cities Pioneer-Press. Allen was pulled over for driving drunk on May 26. The coach, who played for a number of teams back in the 80s including the Mets, Yankees, and White Sox, admitted that he has suffered from alcoholism in the past, referring to it as a disease that’s “always going to be with me.” At one point, Allen was able to achieve 20 years of sobriety. Upon being pulled over, Allen entered a 5-week rehab program at the Hazelden Betty Ford Foundation in Center City, returning to the Twins in time for…
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Fanning the Presumption of Guilt, At Least for Cops
Databases are all to the good -- if you take the time to look behind the data. Unfortunately, people in the press and academia have become experts at putting out "databases," then citing them for a distorted rendition of what they actually show. They do this knowing that only a fraction of readers will get beyond the article's first few paragraphs.Hence this story:Baton Rouge cop killer Gavin Eugene Long and others who have killed police officers in the line of duty are included in The Washington Post's Pulitzer Prize-award winning "Fatal Force" database, a review conducted by The Daily Caller finds.The database also counts Omar Mateen, the Islamist who was killed by police in Orlando after slaughtering 49 people at a gay nightclub, as one of the 533 people killed by cops so far this year.The database, which includes demographics of individuals fatally shot by police as well as details about their background and the circumstances of the…
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