When it comes to investigating drug crimes, police can be very pushy. They tend to be overly concerned with the fact that drugs pass through your body over time. This means that evidence that you've broken the law – evidence of THC levels or your blood alcohol content (BAC) – slowly dissipates. Therefore, police need to test your blood, breath, or urine quickly, if they want to make an arrest. Thankfully, this is where police are stopped by your Fourth Amendment rights, which prohibits searches that are unreasonable. However, police are always looking for new ways to gather evidence without stepping on the Fourth Amendment. In South Dakota, police are being criticized for taking things too far. South Dakota Forcing Urine Samples Using Catheters In South Dakota on March 14, 2016, a man named Dirk Landon Sparks was arrested after police received a call for a domestic disturbance. While he was in custody, police began to suspect that he was under the influence of…
South Dakota Forcing Urine Samples, Using Catheters
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"The Biggest Legislative Marijuana Policy Reforms Of 2016"
The title of this post is the headline of this notable new Huffington Post commentary authored by Rob Kampia, who is the co-founder and executive director of the Marijuana Policy Project. Here are excerpts: On July 29, Illinois Gov. Bruce Rauner (R) signed a bill removing the threat of arrest...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/ezIoCJEt6Ak" height="1" width="1" alt=""/>
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MASSACHUSETTS DRUG AND SEX CRIMES AGAINST HIGH PROFILE CRIMINAL DEFENDANTS GET SPECIAL ATTENTION (Part Two)
In my last blog, we discussed two pending cases involving Massachusetts dentists. One was charged for sexual assault and the other was for using his position to get drugs illegally. We started discussing similarity “between the lines” with the two cases. It comes down to the fact that they are both “high profile” cases. Attorney Sam’s Take On The Changes Involved In High Profile Cases For more years than I care to remember, I have handled “high profile” cases . In the previous century, I began my professional career as a prosecutor in Brooklyn, New York. There was no shortage of high-profile criminal prosecutions. It was the 1980s, the early days of the crack epidemic, a high point in racial unrest and the changing of how much the media affected criminal cases. I saw from the point of view of the prosecutor the considerations and how they change when the matter is in the public Eye. There are a number of reasons that a matter may…
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Methamphetamine in Dallas and North Texas: Expect More Felony Meth Arrests
First things first, exactly what IS methamphetamine (“meth”)? And, why are there more and more news stories of law enforcement here in Texas arresting people for felony distribution as they seize literally millions of dollars of meth hidden in all sorts of clever hidy-holes? It’s happening all the time … millions of dollars of methamphetamine being discovered by law enforcement as it makes it way from Mexico to various parts of the state. Consider the following — just within the past ten days or so: 1. Last Saturday, Dallas Woman Arrested for Smuggling $1.6M Meth Hidden in SUV Tires Just this week, a 46-year-old woman from Dallas named Matilda Perez was stopped over in El Paso by the officers with U.S. Customs and Border Protection (”CBP”). She was driving a nice Chevrolet Trailblazer, returning into the United States from Mexico last Saturday morning. Things apparently looked okay from the outside of the SUV but Trian,…
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Former BATF agent pays $40,000 for false sick-leave claims
On August 10, the Department of Justice announced that a former agent of the Bureau of Alcohol, Tobacco, and Firearms has agreed to pay $40,000 to resolve claims that he submitted false claims for sick pay. According to DOJ’s press release: Douglas daCosta of Livermore, California, has agreed to pay $40,000 to resolve allegations that he submitted false claims to the government for paid sick leave when he worked as a federal law enforcement agent for the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Department of Justice announced today. * * * The United States alleged that daCosta submitted the false requests while working as a criminal investigator for the ATF’s San Francisco field division in 2009. From January 2009 until his retirement in June 2009, daCosta claimed more than 80 days of paid sick leave for which he was not eligible, according to the government’s allegations. Specifically, the United…
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Huffington Post Wants You to Find the Right DUI Lawyer
The Huffington Post recently tackled a dilemma that most people face following a drunk driving arrest: "who can I trust to best handle my case?" In "How To Find The Best DUI Lawyer By Yourself," the publication outlines several steps everyone should take following their arrest to find a capable attorney ready to take on their case and resolve the matter as favorably as possible. Step Number 1: Research & Organize "A good DUI lawyer who will listen to you, understand your case, and help you in court isn’t just going to jump right out at you," the article states—and it's true. If you're in sudden need of an attorney, it can be overwhelming to realize just how many firms out there are ready to vie for your attention. Organizing a list or spreadsheet of options is recommended for reference as you contact these firms. What the article doesn't mention is how to narrow that search, especially when…
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The E-Rate Honey Pot
When you grant access to a $ 4 billion fund and give fund participants relative autonomy in how they use those funds, ne’er-do-wells will sniff their way to the honey pot. Keeping them out can be a challenge. So goes the story of the federally administered Schools and Libraries Program, better known as E-Rate. Established by the Telecommunications Act of 1996, E-Rate is a federal subsidy that helps schools and libraries–particularly those in disadvantaged areas–pay for telecommunications services (e.g., Internet access). The program runs a $3.9 billion fund today. Schools and libraries that want to take advantage of E-Rate simply need to follow the program’s bid and approval process. Participants oversee the bidding process and choose their service provider. While participants are required to choose the most cost effective provider, there isn’t much of a check on whether they actually do: they need only self-certify that they chose the most cost…
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Woman Enters Diversion Program After Licking County Retail Theft Charges
The capable criminal defense attorneys with Ohio’s Luftman, Heck & Associates recently assisted a woman when she found herself in a very precarious position after retail theft charges put her criminal record and possibly her freedom in jeopardy. The woman was stopped in a Licking County department store and accused of shoplifting approximately $100 worth [...]The post Woman Enters Diversion Program After Licking County Retail Theft Charges appeared first on Columbus Criminal Attorney.
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ALJs are A-OK: D.C. Circuit Upholds Constitutionality of SEC In-House Courts
In several recent decisions we have covered (here and here), Federal Circuit Courts have unanimously ruled that respondents in an SEC enforcement action cannot bypass the Exchange Act’s review scheme by filing a collateral lawsuit in federal district court challenging the administrative proceeding on constitutional grounds. However, those prior opinions all were based on the narrow ground that district courts did not have jurisdiction to hear collateral challenges, and did not reach the merits of the constitutional challenge. In Raymond James Lucia Cos. Inc. v. SEC, No. 15-1345 (D.C. Cir. Aug. 9, 2016), the D.C. Circuit became the first federal appellate court to consider the merits and ruled in favor of the SEC. The court held that SEC administrative law judges are merely employees, rather than officers of the United States, and thus need not be appointed pursuant to the Appointments Clause of the Constitution. Their appointment satisfied…
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Nurse practitioner facing criminal charges for use of database
The Georgia Bureau of Investigation claims that a Georgia woman violated a state law regarding the usage of a prescription database. The medical professional has since been arrested and is facing criminal charges related to the alleged violation. She is believed to be the first person charged for violating this specific law, and she has so far denied the allegations. The law that the 62-year-old nurse practitioner is accused of violating was only recently passed. Critics of this newly enacted law claim that it is far from clear, pointing out that is language is exceptionally vague. Lawmakers apparently took the criticism to heart and are currently drafting possible updates in order to amend the law, but that did not stop authorities with the GBI from filing the recent charges. Although her position as a nurse practitioner does give her access to the prescription drug database, she is accused of using it outside of the parameters required by her employment. Investigators…
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Court Denies General Motors Immunity Through Bankruptucy
Last week, the 2nd U.S. Circuit Court of Appeals ruled that General Motors (GM) cannot bar plaintiffs from suing the company because of GM’s bankruptcy filing. In 2014, GM was forced to recall 2.6 million vehicles over faulty ignition switches that caused over one-hundred deaths, close to three-hundred injuries, and thousands of claims of car devaluation resulting from the ignition switch defect. GM filed for bankruptcy in 2009 and transitioned from “Old GM” to “New GM” which was protected from, the debts and liabilities of the old company. The 2nd U.S. Court of Appeals ruled that barring plaintiffs from suing GM for defects that originated under “Old GM” would violate the plaintiff’s constitutional rights to due process. GM’s ignition switch problem dates back over a decade. In 2002, GM engineers were aware of serious flaws in an ignition switch that had not yet made it to production. The problem: the ignition switches…
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Claimant in Florida Forfeiture Case May Be Able to Get Fees and Costs From State For Improper Forfeiture
Many states have laws that allow the police and other law enforcement agencies to take a person's property with very little evidence of criminal activity. In fact, it is not uncommon for the police to obtain ownership of a person's property, referred to as forfeiture under Florida law, without ever even charging the property owner with a crime. It is also possible for the state to forfeit a person's property when the state does charge the person with a crime related to the property, but the defendant wins the case either by having the criminal charges dropped or winning at trial. When the government makes the laws, the government makes the laws very favorable to themselves. The forfeiture laws in Florida give the police and other law enforcement agencies a lot of authority to take the property of people they suspect are involved in criminal activity. The forfeiture laws are also set up to provide property owners few quick and efficient options to retrieve…
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Orange County Cracking Down on Video Game Gambling
Video games, increasingly looked at as a way to have fun by people of all ages, is quickly becoming a cause of concern in Orange County. Some residents of Orange County are using video games to transform their private homes into illegal gambling arcades, and in doing so, they could be facing serious consequences. Rise of Slaphouses in Orange County Many homes in Southern California have set up arcade video game machines that can seat as many as six people so that players can bet money, gambling for hours on end while often engaging in drinking and drug use. These homes are becoming known as “slaphouses” because of the loud sounds people’s hands make when slapping down on the game controls. These slaphouses reportedly originated in Garden Grove, catering to the Vietnamese community who would play them in coffee bars. The machines are designed to switch easily from innocent games like Street Fighter or Pac-Man to potentially illegal ones like poker and…
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Understanding Manslaughter Charges in Los Angeles
If you or a loved one was involved in an incident that resulted in the unlawful killing of a human being, you are likely facing manslaughter charges. However, there are various types of manslaughter charges carrying varying degrees of penalties. Under California law, you could be charged with voluntary manslaughter, involuntary manslaughter, or vehicular manslaughter, depending on the facts of your case. Understanding Involuntary Manslaughter Involuntary manslaughter is the unintentional killing of a human being that occurs while a crime is being committed or you or a loved one is engaged in reckless conduct during a lawful activity. For example, if you and a friend are out duck hunting and you accidentally shoot your friend, you could be charged with involuntary manslaughter. Some people think that hitting and killing someone while you are driving under the influence is involuntary manslaughter. However, under California law, killing someone while you are operating a vehicle…
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When You’re a Defendant in a Criminal Case, Always Be Prepared for the Unexpected
If you’re someone who has been arrested or is under investigation for a crime, you may decide you can represent yourself – or, you may believe your criminal defense attorney can provide you with an impenetrable defense. The fact is, while a skilled Michigan criminal defense lawyer can win many cases despite tough odds, those who are facing charges of rape, drug trafficking, theft, robbery, or even something as seemingly minor as marijuana possession should always expect the unexpected. With a criminal defense case, nothing is ever cut and dried. Most criminal defense lawyers have several battle scars after coming up against surprise verdicts delivered by judges or juries, in addition to the inexplicable “high” of winning even the toughest cases they thought would likely go the other way. Ask any attorney whose practice focuses on defending the alleged “bad guy,” and you’ll find that at times he/she has likely felt the feeling of…
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The "Fictitious" Facebook Account, the Prosecutor and Professional Misconduct
This post examines an opinion the Supreme Court of Ohioissued recently in a lawyer disciplinary proceeding: Disciplinary Counsel v. Brockler, 145 Ohio St.3d 270, 48 N.E.3d 557 (2016). The opinion is a “per curiam” opinion, which means that it is, as Wikipedia explains,a ruling issued by an appellate court of multiple judges in which the decision rendered is made by the court (or at least, a majority of the court) acting collectively and unanimously. In contrast to regular opinions, a per curiam does not list the individual judge responsible for authoring the decision, but minority dissenting and concurring decisions are signed. The court begins the opinion by explaining how, and why, the case arose:Aaron James Brockler of Lakewood, Ohio, Attorney Registration No. 0078205, was admitted to the practice of law in Ohio in 2004. In an April 7, 2014 complaint, relator, disciplinary counsel, charged Brockler with engaging in…
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Governor Announces $3 Million To Fight Heroin
This past week the Governor’s Office in Annapolis announced that $3 million in state funds would be dedicated toward fighting the heroin epidemic in Maryland. Nearly a third of that money will provide funding for newly assigned heroin coordinators in law enforcement agencies across all regions of the state. The other $2 million plus will continue to fund the Safe Streets Initiative, a criminal offender based information sharing system that debuted in Anne Arundel County in 2008, and later expanded to Salisbury in 2010. There are now nine jurisdictions taking part in the initiative, which will receive tax dollars specifically dedicated toward the treatment and recovery of drug offenders. Five of the safe streets jurisdictions will acquire funds to hire peer recovery specialists. The increased funding and the hiring of treatment specialists fall in line with the recommendations of the Heroin & Opioid Emergency Task Force, an initiative championed by Governor Larry…
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Yates to USAO Manuel to OSHA (no more Tinkers to Evers to Chance)
An issue that has come to the forefront for the USDOJ is the decided lack of the prosecution of individuals in environmental criminal matters. In response, the USDOJ has hardened its stance as to the prosecution of individuals who engage in corporate malfeasance. New rules have been issued with a wide sweeping guidance for federal prosecutors. The new rules will apply in all investigations of corporate wrongdoing, not just investigations of environmental wrongdoing. In September 2015, Deputy Attorney General Sally Yates issued a memorandum containing new guidance in a document titled “Individual Accountability for Corporate Wrongdoing” (the so-called “Yates Memorandum”). The Yates Memorandum sets out comprehensive guidelines that federal prosecutors should follow, and it gives federal prosecutors potent new tools to use in prosecuting individuals who are implicated in corporate misconduct. Now, under the Yates Memorandum,…
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How Innocent People are Convicted of Sex Crimes
It’s no secret today that many individuals are convicted of sex crimes they did not commit. Unfortunately, unlike with other crimes those found guilty of rape, child pornography, sexual assault, and other offenses don’t only face punishment in the form of jail or prison time, probation, etc. They also face undeserved special attention in the form of being labeled a sex offender. This is extreme punishment when an innocent person has been found guilty of a sex crime, as sex offender status not only destroys a person’s reputation, it also impacts employment and housing opportunities, and much more. With sex crimes, those who are wrongfully convicted certainly face punishment that does not “fit the crime.” How does this even happen? How can someone who is completely innocent of the crime he or she is accused of be found guilty? While it can happen with any type of crime, it is particularly easy for someone who’s innocent to be convicted of a…
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Leaving Child in Hot Car and Involuntary Manslaughter Prosecutions
This summer has seen a high number of cases involving young children dying after being left in hot cars. In a recent highly publicized case out Georgia, a father was charged with the involuntary manslaughter of his twin one-and-a-half-year-old daughters after it was discovered that he left the children in a car outside their home for hours while he was napping. In this case, involving Justin Rose out of Georgia, CNN reported that the issue for the jury will be whether this was a mistake or murder. The defense recently had a judge allow a motion for change of venue based on pretrial publicity. However, in a case out of Mississippi a grand jury declined to indict a woman whose two-year-old daughter died after being left in a car all day. Courts across the country are grappling with how to treat these parents or guardians. Are they guilty of involuntary manslaughter or are these cases just tragic accidents? Continue reading The post Leaving Child in Hot Car and Involuntary…
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