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Injury Crash US95 MP 289.8 Culdesac

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- 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 DISTRICT TWO CASE # L16001197 --------------------- PRESS RELEASE ----------------------------- DATE: 09/08/2016 TIME: 7:46 AM LOCATION: SB US95 MP 289.9 (Culdesac) ASSISTING AGENCIES: VEHICLE #1 ------------- DRIVER: Melanie D. Nitz AGE: 44 ADDRESS: Ellensburg, WA INJURIES: No HOSPITAL/LOCATION TAKEN: N/A VEHICLE: 1998 Mack Dump Truck WRECKER: N/A SEATBELT WORN: No ------------- Pedestrian #1 ------------- PEDESTRIAN: James D Peters AGE: 60 ADDRESS: Chattaroy, WA INJURIES:…

Single vehicle crash near Shelley

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 6 1540 Foote Dr. Idaho Falls, Idaho 83402-1828 (208) 525-7377 FAX: (208) 525-7294 For Immediate Release: 09/08/2016 at 9:40 a.m. Please direct questions to the District Office On Thursday, September 8, 2016, at approximately 9:40 a.m., the Idaho State Police investigated a one vehicle crash southbound on I15 near milepost 108, near Shelley. Amanda Fiola, 40, of Hayden Lake, was driving southbound in a 2006 Lexus G47 when her trailer began to fishtail. The trailer overturned causing the Lexus to overturn blocking the left lane for approximately one hour. All occupants were wearing their seatbelts. The crash in under investigation by the Idaho State Police. js/jh -------------

Breaking News: DOJ Abandons McDonnell Prosecution Efforts

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It's now official. Former Virginia Governor Robert McDonnell and his wife Maureen will not be retried and all charges are to be dropped. The Washington Post has the story here. It is unclear whether Main Justice overruled the EDVA or...

News Scan

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Prop 57 Spurs Concerns About Sex Offenders:  California's new ballot initiative, Proposition 57, is raising concerns among law enforcement officials and prosecutors about how it will impact sex offenders.  Tracy Lehr of KEYT reports that proponents of Prop. 57, which call it the Public Safety Rehabilitation Act of 2016, claim it applies only to non-violent offenders, but quite the opposite is true.  Ventura County District Attorney Greg Totten describes the measure as "a wolf in sheep's clothing" that "will make 16,000 dangerous criminal immediately eligible for early release."  One crime that is considered non-violent under Prop. 57 is sexual assault of an unconscious person, which means that people like Andrew Luster, who is serving a 50-year prison sentence for sexually assaulting three unconscious women, will be eligible for release.  It would have also benefited Brock Turner, the Stanford rapist, had he been properly…

Frank on Abetting Mass Prison Escape

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David W. Frank has posted Abetting Mass Prison Escape: A Defense (University of Miami Race and Social Justice Law Review, Forthcoming) on SSRN. Here is the abstract: Because the United States government will neither immediately protect nor immediately release its...

A Dank Car Alone Does Not Authorize Police to Search Your Person, Says NC Appeals Court

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Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?” It has long been the case that police can claim they smell marijuana in order to gain the probable cause needed to search your person, vehicle or other personal property you have with you in states where the substance is still illegal. Continue reading →

Sex offender charged with threatening prosecutors, judges

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9-8-16 Montana: KALISPELL, Mont. (AP) — A man who refuses to register as a sex offender because he says he's innocent has been arrested for sending letters to law enforcement agencies threatening to kill Flathead County judges, prosecutors and law enforcement officers to draw attention to the injustices he says he has suffered, prosecutors said. Dale Michael Hanson was arrested on Aug. 24 and

Sachsida on Deterring Homicides in Brazil

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Adolfo Sachsida, Mario Jorge Cardoso Mendonca, Tito Belchior Silva Moreira and Paulo R. A. Loureiro (Catholic University of Brasilia, Institute of Applied Economic Research (IPEA) - Directory of Macroeconomic Policy & Studies (DIMAC), Catholic University of Brasilia and University of...

9th Circuit: Police can use wiretap evidence outside scope of wiretap order unless they knew or reasonably should have known that evidence fell outside scope of order

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United States v. Carey, — F.3d — (9th Cir. Sep. 7,2016): 9th Circuit applies “plain view” principles to recognize “plain hearing” doctrine with respect to wiretaps “Welcome to the AT&T Teleconspiracy Center. You have entered the code for the Escamilla conspiracy. At the tone, please clearly state your name, aliases, and role in the conspiracy. Then press pound.” Nope, it doesn’t work like that. Under the Wiretap Act, 18 U.S.C. 2510-22, the government gets an order permitting it to tap calls linked to a specified conspiracy. They listen. If all goes according to plan, they hear and record the participants in that conspiracy discussing the nefarious deeds identified in the order. But what if they wind up hearing an entirely different cast of characters discussing an entirely different set of nefarious deeds? Finders keepers? Not exactly, says the Ninth Circuit. Continue reading →

American Legion urges federal government to reschedule marijuana

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As this Washington Post piece highlights, the "American Legion, a group representing 2.4 million U.S. military veterans, has called on Congress to remove marijuana from Schedule 1 of the federal Controlled Substances Act and 'reclassify it in a category that, at a minimum will recognize cannabis as a drug with...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/Q9NQ-QRG4tg" height="1" width="1" alt=""/>

Stroud on Defining Revenge Porn

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Scott R. Stroud has posted What Exactly is Revenge Porn or Nonconsensual Pornography? (Excerpt from Scott R. Stroud & Jonathan Henson, “Social Media, Online Sharing, and the Ethical Complexity of Consent in Revenge Porn,” Online Consumer Behavior: The Dark Side...

Declining to Re-Prosecute McDonnell - The Right Decision

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As noted here by Solomon Wisenberg, DOJ moved to remand the case against Robert F. McDonnell to the district court in order to dismiss the indictment with prejudice. Many in the media have reported about this dismissal (e.g., Washington Post...

Sklansky on Prosecutors and Democracy

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David Alan Sklansky (Stanford University) has posted Unpacking the Relationship between Prosecutors and Democracy in the United States (Prosecutors and Democracy: A Cross-National Study (Maximo Langer & David Alan Sklansky eds., Cambridge University Press Forthcoming)) on SSRN. Here is the...

Dixie County Man Accused Of Forcing Man And Woman To Have Sex

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A Dixie County man, currently on probation for a Marion County rape, has been arrested on multiple charges after authorities claim he forced a man and woman to have sex in his camper. The 36-year-old was charged by the Dixie County Sheriff’s Office Wednesday on two counts of sexual battery while armed with a deadly weapon, two counts of false imprisonment, and possession of a firearm by a convicted felon. On Thursday, the man was charged by the Florida Department of Corrections for violating the probation he was on for previous convictions, including a sexual battery from Marion County. He had been released from prison on Aug. 1. According to reports, a 20-year-old man and 53-year-old woman were staying in the man’s small camping trailer from Sept. 1 through Sept. 4 using illegal drugs. At one point, the man is accused of becoming violent, getting a gun and forcing the others to have sex while he watched. The man apparently refused to let the two leave, padlocking…

"Withholding Evidence From a Defendant, on ‘The Night Of’ and in Real Life"

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From The New York Times: This month in Queens, lawyers will begin arguments in a case that is a real-life echo of the misbehavior in “The Night Of.” . . . Mr. Negron went to trial. He realized that the...

"The Difficulty Of Enforcing Laws Against Driving While High"

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From Colorado Public Radio, courtesy of NACDL: McLean is a regular marijuana user but she insists she never drives while high. Still, the cop at the checkpoint tells her he smells marijuana and that her eyes are bloodshot. Eventually he...

Lee Robert Moore, a Former U.S. Secret Service Officer, Was Arrested and Moved to Broward County to Face Child Pornography Charges

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Lee Robert Moore, an ex-Secret Service officer, has been arrested for allegedly sending lewd text messages to underage age girls while on duty at the White House. Moore, 38, has been moved from Delaware to Broward County to face federal child pornography charges. Moore was moved to South Florida because he allegedly attempted to lure a girl from Broward County into sexual activity. He faces several federal charges including attempted receipt of child pornography, attempted production of child pornography, and using a computer to persuade a minor to engage in sexual activity. Moore is being held without bond at Palm Beach County Jail. According to the criminal complaint, Moore faces related federal charges in Delaware where he has been under arrest since November. He agreed to go to Florida to face the most serious child pornography allegations before dealing with the federal case pending against him in Delaware. During his first-appearance court session in West Palm Beach on…

Koops on Cybercrime and Cyber-Terrorism

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Bert-Jaap Koops (Tilburg University - Tilburg Institute for Law, Technology, and Society (TILT)) has posted Megatrends and Grand Challenges of Cybercrime and Cyber-Terrorism Policy and Research (in: B. Akhgar & B. Brewster (eds), Combatting Cybercrime and Cyberterrorism. Challenges, Trends and...

NC: Failure to give inventory to target of search doesn’t lead to suppression

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The inventory to be given to the person from whom stuff was seized has to be given, but a failure to comply doesn’t warrant suppression. It’s after the search so it doesn’t involve the to be free from unreasonable search. … Continue reading →

As the Federal Government Keeps Marijuana as a Schedule I Drug, a New Substance is Added

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The federal government maintains a list of Schedule I drugs. According to the United States Drug Enforcement Agency, these are substances that they have determined have a high potential for abuse and have no accepted medical benefit. You do not have to look far down the list to see how much of a sham it is considering that heroin, bath salts and marijuana are on this same list. One of these is not like the others. We were hoping that the government would come to its senses and remove marijuana from the list, for several reasons, not the least of which is that it is prescribed for medicinal purposes all across the country now, by actual doctors who have learned about medicine in school and in practice. Unfortunately, as is often the case, we continue to wait for the government make a rational decision here that actually helps people. So, marijuana remains on the list. And a new substance has been added. A substance called kratom is now a Schedule I drug according to the…
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