At some point, the exception becomes the rule. To discourage police from violating individual rights, we developed the exclusionary rule. If evidence is obtained as a result of an unreasonable search or seizure, or other Constitutional violation, the evidence is excluded from trial. That’s the general rule. Courts, however, have created exceptions to this rule. One exception to the exclusionary rule was the subject of a recent case before the United States Supreme Court. The outcome of that case could affect DUI/OVI cases in Ohio. The case is Utah v. Strieff. Edward Strieff walked out of a residence in Salt Lake City and was stopped by a narcotics detective. The detective had been conducting intermittent surveillance on the residence and suspected the occupants were dealing drugs there. Strieff was not an occupant. At the time he stopped Strieff, the detective had not seen Strieff engage in any activity…
Weakening Of Exclusionary Rule Could Affect Ohio DUI/OVI Cases
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New law review article: How Governments Pay: Lawsuits, Budgets, and Police Reform
Joanna C. Schwartz, How Governments Pay: Lawsuits, Budgets, and Police Reform, 63 UCLA L. Rev. 1144 (2016). Abstract: For decades, scholars have debated the extent to which financial sanctions cause government officials to improve their conduct. Yet little attention has … Continue reading →
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Single Vehicle Fatality Crash in Canyon County
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 08/13/2016 at 1:05 p.m. Please direct questions to the District Office On Friday, August 12, 2016, at approximately 11:38 p.m., the Idaho State Police investigated a single-vehicle, fatality crash northbound on Wagner Road, just north of Homedale Road, in Canyon County. Brandy Applehans, 36, of Marsing, was northbound on Wagner Road in a 2000 Ford Explorer when she lost control of the vehicle. The Ford rolled, coming to rest on the right shoulder. Applehans was not wearing a seatbelt and was ejected from the vehicle. Next of kin has been notified. Wagner Road was blocked for approximately five hours while crews worked to clear the scene of the crash. The crash is…
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M.D.Fla.: CSLI information captured by Stingray would be unreasonable under 4A except defs had no standing in burner phones they disassociated themselves from
Use of a Stingray to capture defendants’ cell phone location information in real time was unreasonable under the Fourth Amendment [without much discusion], but the defendants lack standing to complain. The mere fact the government referred to the phones as … Continue reading →
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D.Neb. & M.D.Fla. also sustain an NIT search warrant for IP addresses
Another NIT warrant upheld in a child pornography case. United States v. Laurita, 2016 U.S. Dist. LEXIS 103405 (D.Neb. Aug. 5, 2016)* (collecting cases): The record shows the NIT warrant was issued by a U.S. Magistrate Judge within the District … Continue reading →
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Rounding up reactions to DEA's modest marijuana moves
As reported in prior posts here and here, the Drug Enforcement Agency this past week made only a modest change to federal marijuana policies. Not surprisingly, the failure of DEA being willing to do a lot more has generated criticisms and various expressions of concern and analytical perspectives. Here are...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/Dg27MRx1hq0" height="1" width="1" alt=""/>
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Schenck on Sexual Assault of Incapacitated Victimes
Lisa M. Schenck (George Washington University - Law School) has posted Just the Facts Ma’am: How Military Appellate Courts Rely on Factual Sufficiency Review to Overturn Sexual Assault Cases When Victims are 'Incapacitated' (45 Southwestern Law Review 522 (2016)) on...
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Electronic Warrants in Hillsborough County, Florida
The United States Supreme Court in Missouri v. McNeely, 569 U. S. ___ (2013), acknowledged that exigent circumstances would rarely exist for DUI-related forced blood draws because of the technological “advances in the last 47 years since Schmerber was decided that allow for more expeditious processing of warrant applications.” Even before Fla. Stat. Ann. § […]
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Unmaking a Murderer
From The Wrongful Convictions Blog: On Friday, August 12, 2016, U.S. Magistrate Judge William E. Duffin overturned the conviction of Brendan Dassey, one of the defendants highlighted in the documentary ‘Making A Murderer.’ The judge has given the state 90...
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Fighting Your Connecticut Harassment Second Degree Arrest
Connecticut police and prosecutors are taking online harassment and social media harassment arrests seriously. Digital forensic police labs are sprouting up all over Fairfield County, and police in Greenwich, Weston, Stamford and Darien Connecticut are benefitting from government funding and top-tier training in cell phone and social media forensics. Their goal is simple: to stop online and digital harassment and bullying. Perhaps that’s why the best Connecticut computer crime criminal lawyers are seeing more harassment arrests originating from texting, emailing and social media messaging applications. But no matter how fancy and cutting edge the new police technology may be, the time-tested First Amendment just may prevail in getting your Connecticut Harassment Second Degree arrest dismissed… What Can Get Me Arrested in Connecticut for Harassment Second Degree? Top Stamford, Norwalk and Bridgeport Court criminal lawyers and attorneys would concede that there are…
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OR: Def didn’t abandon backpack by not affirmatively claiming ownership of it during vehicle search by consent
The officer had reasonable suspicion something was up and the driver of a van already stopped consented to a search of the van, but that did not include a backpack that didn’t belong to him. Defendant did not abandon the … Continue reading →
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S.D.N.Y.: Lack of full detail and minor discrepancies from reports didn’t make officers unbelievable
In a Bronx stop and frisk, the fact that the four NYPD Stop, Question and Frisk Report Worksheets for each person frisked didn’t have the detail of the officers’ hearing testimony or resulted in minor discrepancies doesn’t make them unbelievable. … Continue reading →
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N.D.Ill.: Defense counsel was ineffective for not seeing def’s guest standing in girlfriend’s apartment
Defendant established a failure of performance of defense counsel in his 2255 for not filing a motion to suppress on guest standing. He didn’t file a motion to suppress solely because defendant said he didn’t “live at” his girlfriend’s place, … Continue reading →
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OR: Going into pocket after patdown unreasonable; no articulation of anything being a weapon
Defendant consented to a patdown, and the officer exceeded the scope of the patdown by going into the pocket. He felt something, but he didn’t articulate that it could be a weapon. The officer’s general observations about drug dealers didn’t … Continue reading →
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S.D.N.Y.: Child porn SW affidavit doesn’t need pictures attached: a description will do
The description “child pornography” is enough for the affidavit for a CP search warrant–the pictures themselves don’t have to be attached to prove it. United States v. Weatherman, 2016 U.S. Dist. LEXIS 104878 (S.D. N.Y. Aug. 9, 2016). Based on … Continue reading →
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Murder is Death with Consequences
Murder is defined as the “attack against a person,” and it is by far the most serious criminal act that comes to trial. There are varying degrees of an “attack against a person,” some of which include manslaughter, attempted murder, trafficking, justifiable homicide, and self-defense, and the penalties take on the degrees of punishment to match the crime. Typically, the defendant can be sentenced anywhere from 1 year to life imprison, and NRS 200 completely defines the different penalties that are associated with the charge. Certainly, the intentional death of a child is more than abuse and neglect combined. Here is the story of little Abygail Bennet, the fourth homicide in Henderson this year. Abygail, 3, was at home with her three brothers and sisters. Her 23-year-old father was in the house, but there is no news as to where her mother was. At 11 am, the Henderson Police and Fire Department were called to the house, and Abygail was found unconscious…
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The Stop That Got Away
A Facebook story has drawn tears, anger and interest, pushing all the right buttons and jerking all the right tears. The story belongs to a guy named Ken Walton, who was described in twits (since deleted) linking to his FB post as an executive at Electronic Arts. And, as Walton describes it, was lucky to survive a stop in Arizona. Tonight, I was arrested at gunpoint by an Arizona highway patrol officer who threatened to shoot me in the back (twice) in front of my 7-year-old daughter. For a moment, I was certain he was going to kill me for no reason. I’m alive, and I need to share the story. PLEASE SHARE IT, because I have an important reason for staying up past 1AM to write it down. Certainly a tempting intro. The backstory is that he was driving a rental car, whose plates had been stolen. The cop called in the car and “misunderstood” the report to mean that he was driving a stolen car, so he made the stop. Suddenly, the officer rapped on the rear…
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“Grow Up” Will Be On The Test
It’s not yet a major, but it will become a thing at East Carolina University. Adulting. The idea is to teach kids coping skills, including how to deal with the trauma of getting a “C” grade. The school felt compelled to do this after a soaring number of students started overburdening the campus’s existing mental health services—so much that ECU had to hire two new counselors. Keep an eye out for the use of certain words that keep popping up in the oddest places. Everything is terrifying, horrifying, exhausting. These were once words reserved for things that were, indeed, terrifying. They are now commonly used to describe things that happen on Tuesday.* Lenore Skenazy, the world’s worst mom, explains: The adulting classes are designed to help students turn off the negative thoughts in their heads when something goes wrong, which seems like a great skill to have. For real. Wish I’d had that training as a college kids. But the college…
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Study Shows Connection Between Alcohol Consumption and Declined Breathing
Excessive alcohol consumption in daily life has many consequences. Alcohol consumption is a leading factor in social, behavioral and medical problems. A New Study shows a connection between Alcohol Consumption and declined breathing. The study published in Chest magazine was led by Loyola Medicine and Loyola University Chicago and is the first evidence of a connection […] The post Study Shows Connection Between Alcohol Consumption and Declined Breathing appeared first on Minneapolis DWI Lawyer Douglas T. Kans.
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Police Misconduct, Louisiana Style, Demands Retrial of Murder Conviction
Let us start by stating that most police officers are decent, hardworking people who make good faith efforts to fulfill their sworn duty to protect and serve. On a daily basis, they face dangerous, and often fatal, risks as they try to fulfill these parallel objectives. We respect and admire their constant willingness to exhibit courage under fire in order to maintain law and order. Something is Wrong in Law Enforcement However, whether it is a problem deeply rooted in the historical psyche of the institution, a lack of modern training techniques and cultural awareness or hidden racial prejudices of the individual officer, something continues to be seriously wrong with the institution of law enforcement. Police misconduct has deep roots in our criminal justice; in point of fact, it has reached epidemic proportions threatening the very fabric of law and order. Louisiana police are a prime cause of this epidemic—and they are protected by prosecutors who…
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