<font style="FONT-SIZE: 12px" face="Arial">When a multinational corporation finds out that some of its tens of thousands of employees, agents and their nasty friends are up to no good under the
Foreign Corrupt Practices Act, they open the big money pit in the back of headquarters and throw in tons of cash. Well, actually they hire lawyers to conduct investigations to prove them guilty
as sin and, for good measure, alert the government to prove what good corporate citizens they are. ...</font>
This Is Why You Can't Afford Preppy Shirts
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Sam's Club at #Lawyernomics
<p><font style="FONT-SIZE: 12px" face="arial">Heads were exploding. It's always fun to watch heads explode. Carefully crafted business plans were dropping like flies, as desperate twits trying
to spin the words were typed furiously. Avvo's Lawyernomics conference was in full force, and somebody let Sam Glover onto the stage. There will be hell to pay.<br>
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Before you rip me a new one, yes, that's the same Sam Glover who owns the Puddle. Yes, the same Puddle that offers insipid, superficial advice from lawyers who ...</font></p>
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NJ: Use of flash-bang in no-knock not objectively unreasonable
Officers had a no-knock warrant based on defendant’s firearms in the house. The use of a flash-bang device indoors was not objectively unreasonable on these facts. State v. Rockford, 2013 N.J. LEXIS 357 (April 23, 2013):
[...] Read more!
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Criminal Defense Like A Game of Internet Hearts
Although I may not be a gamer like Ken White of Popehat, I have been playing some Hearts on the Internet recently. I love the game of Hearts. I have gotten pretty good at it over the years. And I can never get my children or anyone else to play it with me in person [...]
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Does SEO Get Clients?
Apparently there’s a conference going on right now where lawyers are talking about using the internet to get clients. Some think that’s the most awesomest thing ever, some think it’s ill-advised. As someone who has, in fact, gotten clients from the ether, I figured I’d share a little anecdotal evidence about what works and what [...]
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Talk Too Much
<font style="FONT-SIZE: 12px" face="Arial">It's 9:08 a.m. on a Saturday, and I should be in the midst of a meeting with a fellow with whom I made an appointment to do some work on my home. A
neighbor used him, and told me he did a decent job. She also told me that he talked too much.<br>
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Me: Does he take a hint to stop?<br>
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Her: No, not at all.<br>
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Me: So ...</font>
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Drug Distribution Suspect Proclaims Confidence in His Attorney
Drug distribution and drug possession charges were brought against two men in the West Roxbury Division of the Boston Municipal Court after the men were arrested in Roslindale on Wednesday. Dennis Reynolds of Attleboro was charged with selling heroin to Daniel Hancock of Walpole. Hancock was charged with possession of heroin. After being handcuffed, Reynolds allegedly said: "I'll beat this case like I beat my last case, wait till you meet my lawyer."
The Roslindale Patch reported that undercover Boston Police officers saw what they believed to be a drug transaction between the two men at the corner of Metropolitan Avenue and Washington Street. The Officers approached to investigate. The article states that Hancock then began to struggle with officers. There is no explanation as to why there was a struggle when the police were simply approaching to ask questions, but as so often happens when such a struggle ensues, Hancock ended up on the pavement in handcuffs. The police would later claim that there were 3 bags of heroin near where he lay.
No drugs were taken from Reynolds, but he had $134 in his pocket. So at this point the police had speculation that Reynolds had just sold drugs to Hancock (Or the opposite was about to happen). The situation got worse, as it usually does, when the accused men agreed to speak to the officers. The men were likely separated and gave "contradictory statements about the money." The article says that the men initially said that the met to settle a debt. The article does not contain the contradictory information.
Back at the police station, Reynolds apparently called his girlfriend -- not his lawyer -- and said "Baby shut off my phone they have my phone." It seems that she was unable to do this quickly enough as the officers claimed to have received one call and one text from people seeking to buy drugs.
So, will Reynold's lawyer have a chance of beating this case? If he had called his lawyer first, he or she would surely have told him refrain from making incriminating statements. Although Reynold's words are technically hearsay, most of them are admissible against him in court. The prosecution will likely be able to admit the conversation with his girl friend and that is not helpful to his defense. The same applies to his statements about the money. Fortunately for him (and his lawyer) the prosecution will not likely be able to use his complimentary description of his lawyer because it contains reference to a prior case. Jurors may not know of a person's prior conviction of similar charges because they are only supposed to focus on the facts before them.
So what will they have before them? If not for the words and actions of the two men after the police approached, the case would consist of police speculation that they had witnessed a possible drug deal. Surely defense counsel will challenge the admissibility of the phone call and text message on illegal search and seizure grounds, and should prevail. It may come down to just what the officers saw. Will they be able to say who was the seller and who was the buyer? After all, it could go either way. And that is reasonable doubt.
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CA9: Defendant not seized when he tossed his gun
Defendant ignored police commands and was walking away form them when he was told to put his hands up. Instead, he reached into his waistband and tossed the gun he had. Even if the prior search of his backpack was illegal, that was an intervening act and he wasn’t seized when he threw the gun. United States v. McClendon, 2013 U.S. App. LEXIS 8094 (9th Cir. April 19, 2013).*
The stop was based in part on information from a CI, traveling in tandem and following too close, and that was reasonable suspicion which led to a plain view of heroin. United States v. Espino-Urvan, 2013 U.S. Dist. LEXIS 58470 (S.D. N.Y. April 23, 2013).*
The claim that plaintiff’s children were not allowed to attend his federal criminal trial except with state DHS workers is not a constitutional claim, including a Fourth Amendment claim. Santos v. Sec'y of D.H.S., 2013 U.S. App. LEXIS 8299 (3d Cir. April 24, 2013).*
Defendant’s search at CBP at ATL was a border search, and the cocaine found in his suitcase was lawfully seized. United States v. Wallace, 2013 U.S. Dist. LEXIS 58319 (N.D. Ga. March 21, 2013).*
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S.D.Ohio: Broad added search request for supervised release denied where no gov't interest
The court rejects a broad search term on defendant’s supervised release because of his multiple arrests for driving on a suspended license. The search term doesn’t serve any governmental interest. United States v. Postell, 2012 U.S. Dist. LEXIS 187797 (S.D. Ohio December 5, 2012).*
The color of the vehicle the officers were looking for was close enough to the one stopped when they had reasonable suspicion; teal or green? Under the circumstances, they “would be remiss” if they didn’t stop it. United States v. Stile, 2013 U.S. Dist. LEXIS 58266 (D. Me. January 2, 2013)*:
In criminal investigations parlance, reasonable suspicion lies between "inarticulate hunches," Terry, 392 U.S. at 22, which cannot justify investigatory stops, and probable cause, which can justify searches and arrests. Delaware v. Prouse, 440 U.S. 648, 661-63 (1979); Arvizu, 534 U.S. at 273-74. "Reasonable suspicion, then, is an intermediate standard—and one that defies precise definition." Jones, 700 F.3d at 621 (quoting United States v. Chhien, 266 F.3d 1, 6 (1st Cir. 2001)). Much like the color teal, reasonable suspicion is best understood in reference to the more easily recognized standards it rests between.
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WI: Railroad crossing changes highly regulated industry
A railroad and the City of Fond de Lac were engaged in negotiations to replace a crossing with an overpass. The Wisconsin DOT wanted a soil sample off the right of way as part of its due diligence to construct the overpass. Relocating crossings and railroad right of way is subject to state law, always has been, and it’s clearly highly regulated. The court even cites the railroad drug testing case of Skinner. [Not even mentioned is implied consent from agreeing to a study and open fields because how does a railroad have a right of privacy on a railroad track?] Wisconsin Central Ltd v. Gottlieb, 2013 Wisc. App. LEXIS 354 (April 24, 2013):
[...] Read more!
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D.S.D.: UA at jail on drug arrest valid as search incident; there was PC
Defendant was arrested for drug offenses, and a jailer told him “he needed ‘to submit to a UA.’ As Jennings was getting the cup for the urine sample out, and without any Miranda advisement, Brown said, ‘My piss is going to melt right through that cup.’ ... Brown provided a sample and it tested positive for methamphetamine, amphetamine and cannabinoids.” The UA was valid as a search incident. United States v. Brown, 2013 U.S. Dist. LEXIS 58791 (D. S.D. February 15, 2013):
[...] Read more!
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Sentencing policy, cell-privacy: Good criminal justice bills waiting for House floor vote
A pair bills voted out of the House Criminal Jurisprudence Committee recently would begin to adjust drug laws in deference to pragmatic reality:The committee approved Rep. Senfronia Thompson's HB 2914 which would clarify that prosecutors couldn't charge felony possession in "trace" cases where less than .02 grams of a controlled substance was found (often scraped off a pipe or other paraphernalia). Regular readers will recall this is a longstanding demand of Houston judges, including several staunch, tough-on-crime Republicans, who complain that their felony dockets are filling up with trace drug cases that in other jurisdictions are being charged as Class C misdemeanors for paraphernalia. Then-Harris DA Pat Lykos briefly ended the practice but he replacement, Mike Anderson, made renewing it a central campaign promise. The Lege could and should override that decision, though, by passing Thompson's bill.The committee also approved a watered down version of Rep. Harold Dutton's HB 184 reducing the penalty category for up to an ounce of pot to a Class C misdemeanor. The committee substitute, which is not yet online, would only apply to defendants under 21 years old, I'm told - an idea that was suggested in committee. I'd have preferred just notching down the penalty altogether, but this is better than a sharp stick in the eye.Relatedly, if the Lege is not going to take a serious stab at reducing nonviolent criminal penalties this session more broadly than these minor adjustments, at a minimum the House leadership should give Rep. Thompson's HB 990 a floor vote. That bill would launch a review of the penal code to evaluate state sentencing practices, among other criteria, by what amounts to a cost-benefit analysis.Finally, Rep. Bryan Hughes' cell-phone location tracking bill, HB 1608, was voted out of committee in a version that addresses most of the major concerns expressed by law enforcement. It now awaits a decision by the Calendars Committee (which includes 10 "co-authors" of the bill) whether the full House (which includes 107 joint and co-authors) gets to vote on the issue.All these bills deserve prompt votes on the House floor.
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GA: License plate reader alert justifies stop
An alert from Atlanta’s automatic license plate recognition (LPR) system that the owner of a car had an arrest warrant justifies a stop. Defendant was found to have consented thereafter. Rodriguez v. State, 2013 Ga. App. LEXIS 364 (April 12, 2013).
Officers had an anonymous complaint that people were smoking marijuana in an apartment, so they [apparently having nothing better do to with their time] decided to do a knock-and-talk. When the door was opened, a cloud of marijuana smoke came out. The police entered and found marijuana on the coffee table. The trial court suppressed because it clearly didn’t like knock-and-talks, but the procedure is clearly constitutional. State v. Able, 2013 Ga. App. LEXIS 359 (April 24, 2013).*
The adult half-sister of a mute and autistic girl who was suspected of being sexually abused by her grandfather had vicarious and implied authority to plant a video recorder in the bedroom to record the girl’s interaction with others. Defendant clearly had a reasonable expectation of privacy in the bedroom he was using for Fourth Amendment purposes [not that this is anything but a private search; for REP is important for the eavesdropping statute] but vicarious consent is recognized under the eavesdropping statute. Commonwealth v. F.W., 2013 Mass. LEXIS 239 (April 24, 2013).
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CA7: Mine safety records demand of miners' medical records was reasonable under Fourth Amendment
The Mine Safety & Health Review Commission sought personnel and medical records of mine workers. Mines are clearly regulated industries. The record demands were within the power of the agency granted by Congress. Viewing them as administrative subpoenas, the court finds the subpoenas reasonable under the Fourth Amendment as to the miners’ privacy and the companies. Big Ridge v. Fed. Mine Safety & Health Review Comm'n, 2013 U.S. App. LEXIS 8473 (7th Cir. April 26, 2013):
[...] Read more!
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Off DUI Topic: Apple Ipad Court Presentation using Apple TV
Just finished a successful trial in Baltimore City using Ipad/wireless/projector/screen. Case went well- back up plan was very necessary and learned some VERY important lessons for everybody! Here they are:
1. If your Ipad has 3G capability through Verizon or ATT then yes, you can use its hotspot capability as the network tool to create a network with Apple TV and thus demonstrate on a projector or a TV. I used a projector in this particular case. You do not need to have a 3G signal (ie. Internet) in order for this to work apparently.
2. Now, what they don't tell you is that when your hotspot is turned on and idle (not being used, in sleep mode/suspended) you are drawing data from your plan. I did not know what. Then, to complicate matters, when you suspend your Ipad by pressing the top button to go to lunch or to go home for the day, unless you physically turn off the hotspot switch in settings, you are idle and STILL using data according to the Verizon lady.
Obviously, when you are doing your demonstration you are also using data. So the problem comes in when you leave the hotspot on for the evening and come back the next day (as I did) and then when you are in trial and just about ready to close BOOM, the hotspot can (and did) turn off and say you are out of data- so sorry. It takes significant back and forth to get more data up and running and to get the Ipad back up, so in my trial I was out of luck as far as wireless signal- 5 minutes before GO time.
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Medical examiner issues dominate early criminal justice bills sent to Perry's desk
Not too many criminal-justice related bills of significance have finally passed yet and gone to the governor but here are three senate bills that came through the House Criminal Jurisprudence Committee then out of Calendars remarkably quickly. They've all been approved by the lower chamber and are or soon will be on their way to Rick Perry's desk for final approval or veto:SB 336 by Rodriguez/Moody on qualifications as a medical examiner, allowing a physician certified to practice in another state and who has applied for licensure in Texas to work as a M.E. with a provisional license. I don't care that much but it reads like a post hoc justification for a hire already made.SB 387 by Nichols/Clardy would exempt a county from participation in an otherwise mandatory collections program "if the county has a population of 50,000 or more due to the inmate population of a correctional facility within its borders." This would only effect Anderson, Cherokee, and eventually Rusk counties, according to the bill analysis. One notices inmates count when legislators want them to and not when they don't. For example, one suspects those counties don't mind disproportionate representation in the state capitol because of prisoners counted in their number.SB 457 by Rodriguez/Márquez makes autopsy photos closed records with two exceptions, according to the bill analysis: (1) under a subpoena or authority of other law; or (2) if the photograph or x-ray is of the body of a person who died while in the custody of law enforcement.Let's hope the Calendars Committee expedites these bills just as promptly.All that stands between the senate bills above and becoming Texas law is the Governor's signature so anyone with a dog in one of these fights, be sure to let him know if you like 'em, love 'em, or hate 'em.
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AUSTRALIA - West Australian police officers charged with criminal offences
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Original Article04/27/2013By ASHLEE MULLANY
WA police officers have been convicted of nearly 250 criminal offences over the past five years including sex crimes against children, serious assaults, burglary and dangerous driving.
Figures obtained by The Sunday Times from WA Police Internal Affairs show 347 charges have been laid against 100 officers after complaints from the public and internal investigations since 2008.
The database reveals 11 officers have been convicted of a string of offences in the 2012-13 financial year, including a senior sergeant failing to stop after a crash, dangerous driving, stealing as a public servant and aggravated assault.
More than half the criminal charges for the past five years were for misusing police computers, which includes illegally using the police database to uncover personal details.
Other charges included disorderly conduct in a police station, refusing a breath test, forgery and burglary. Some officers were penalised for failing to store their firearms properly.WA Police Union president George Tilbury said the figures amounted to less than 2 per cent of the police workforce.
"Police officers are also members of our community and they are not immune from societal influences," he said.
"Police do a difficult, dangerous job and deal with stress and trauma that most people would never encounter in a lifetime. Criminal conduct is not condoned, but there are often mitigating factors and every case should be assessed in isolation."
Of the 68 officers convicted of 248 charges, five were handed prison sentences for their crimes, including dangerous driving causing death, stealing and unlawful use of police computers.
Another officer was jailed for 10 counts of indecent dealing and six of sexual penetration of a child under 16.
Acting Assistant Commissioner Allan Adams said WA Police had a strong focus on the "ethical health" of the agency.
He said it published information on charged officers when it was in the public interest.
"Any information that alleges misconduct by any police officer is thoroughly investigated and where evidence identifies criminal behaviour to the required standard the matter is progressed in line with the DPP Prosecution Guidelines," Insp Adams said.
"The public interest is always carefully considered in our endeavours to be open and accountable."
Release of the figures comes after a Bunbury police officer pleaded guilty this week to assaulting a man in a hotel carpark. The court was told the off-duty officer approached a man he believed was going to break into a car last month and forced him to the ground. He received a spent conviction and a $4500 fine.© 2006-2013 | Sex Offender Issues
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WI - Sturtevant Considering Sex Offender Ordinance
Original Article04/26/2013By Heather AsiyanbiNeighboring communities like Racine and Caledonia have ordinances governing where sex offenders can live. Sturtevant trustees are looking into having one as well.
Sturtevant trustees are looking into whether or not they should adopt an ordinance governing where sex offenders can live.
Trustee Chris Larsen said Tuesday during the Continual Committee meeting that he got the idea after learning about a similar ordinance in Caledonia and reading in The Journal Times about the efforts to pass one in the City of Racine.
"I just want to make sure that Sturtevant doesn't become the dumping ground for sex offenders in eastern Racine County," he said. "I'd like feedback on whether or not I should continue researching."
The ordinance Larsen is proposing would only apply to offenders determined by a court to be sexually violent who are released under the state's 980 commitment petition. That statute allows the state at the end of a convicted offender's prison sentence to petition the court to commit the offender to the Sand Ridge Secure Treatment Center in Mauston, WI.
Sturtevant Chief Sean Marschke cautioned trustees to be sure the state would have to comply with local ordinance.
"If the state doesn't have to comply with our ordianances with these cases, then it's not worth pursuing," he said.
Patch contacted the Department of Human Services to find out if the state does have to comply with local ordinances.
"Yes, the state does," wrote Claire Smith in an email response to our note.
In Caledonia, the following rules apply for violent offenders released under the state's 980 petition:At least 1,000 feet from a school, church, park, athletic field, trail, playground, conservation district, or H.F. Johnson Park (which is managed by the city); and
At least six blocks away from other sex offenders.
For those not under supervised release but required to register with the Department of Corrections' sex offender registry, they must live:At least 2,500 feet away from schools, churches, parks, athletic fields, trails, playgrounds, conservation districts, or H.F. Johnson Park; and
At least six blocks away from other sex offenders.
- So does that make any sense? Those deemed dangerous (980's), must stay 1,000 feet away, while those less dangerous have to stay 2,500 feet away? It seems that should be the other way around, unless we are reading something wrong?
Village President Steve Jansen agreed Larsen should continue his research.
"I'd like to see some more research into whether or not this makes sense for us," he said.© 2006-2013 | Sex Offender Issues
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Idaho Operation Lifesaver
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer
DO NOT REPLY
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Idaho State Police
Regional Communication Center - North
615 W Wilbur Ave
Suite A
Coeur d'Alene, Idaho 83815
Please direct questions to the appropriate District Offices
District 1 (208) 209-8620 Fax (208) 209- 8618
District 2 (208) 799-5150
Press Release For Immediate Release Press Release
Idaho Operation Lifesaver
Officer On A Train and Adopt A Crossing
On Friday May 3, City, County and State Law Enforcement Officers will be conducting an Officer On A Train and Adopt A Crossing enforcement operation in Northern Idaho.
The purpose of this enforcement operation is to increase public awareness of the potential dangers that exist at highway railroad intersections and eliminate driver actions that can have tragic consequences, by enforcing the traffic laws that pertain to these intersections. The enforcement program is one of three parts of the Operation Lifesaver effort, which include engineering and education, designed to eliminate car train collisions.
During the Officer On A Train enforcement effort, one officer is placed in the lead locomotive of a train as a spotter. This officer observes traffic approaching the highway rail intersections as the train proceeds down the tracks. Other officers pace the train or are parked at specific locations. When a motorist is observed violating the laws pertaining to the approaching intersection, the officer on the train radios one of the chase cars which stop the motorist, explain the dangers and issue a citation.
With the Adopt A Crossing approach, City, County and State Law Enforcement officers from throughout Northern Idaho will pick a crossing within their jurisdiction and enforce the laws that pertain to the crossing.
During 2012, there were 10 car train collisions resulting in 3 people injured and 2 fatalities. This year to date, there have been 5 car/train collisions reported, resulting in 1 fatality.
Since 1990, the Officer On A Train and Adopt A Crossing programs have been instrumental in helping reduce the number of car train collisions in the state. City, county state and federal law enforcement agencies, the Idaho Transportation Dept., private businesses and the railroads that operate in the state sponsor the Idaho Operation Lifesaver program.
Idaho Operation Lifesaver is dedicated to eliminating car train collisions, which result in preventable deaths and injuries. For additional information or to schedule a free presentation, call Idaho Operation Lifesaver @ 208-236-5626.
News Department Information Only
The Officer On A Train enforcement operation will be in Counties.
For Additional information, or to arrange a ride along on the train contact:
Sgt. Jonelle Greear, Idaho State Police 208-660-0948
Kim Davids, Idaho Operation Lifesaver 208-681-8357
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"Passive Pedophiles: Are child porn viewers less dangerous than we thought?"
The title of this post is the headline of this notable recent commentary by Emily Bazelon at Slate. Here are excerpts: Making child pornography is abuse. What about possessing it? As a group, these offenders — the ones who look...
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