Defendant’s chicken coop with drugs inside was a fair distance from the house, but it was still within the curtilage. Applying all the Dunn factors, they favor defendant. It was inside a primary barbed wire fence and the contents weren’t … Continue reading →
MO: Chicken coop inside barbed wire fence tho 100′ from house within curtilage
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Motor Vehicles, Liability Insurance and the Officer's Mobile Data Terminal
This post examines a recent opinion from the Supreme Court of New Mexico: State v. Yazzie, 376 P.3d 858 (Supreme Court of New Mexico 2016). The court begins the opinion by explaining that theNew Mexico Mandatory Financial Responsibility Act (MFRA), New Mexico Statutes Annotated 1978, §§ 66-5-201-239 (1978, as amended through 2015), prohibits operation of a motor vehicle without liability insurance or other proof of financial responsibility and requires that proof of compliance be reported to the Motor Vehicle Division (MVD) of the New Mexico Taxation and Revenue Department (the Department) and kept with the vehicle. See § 66–5–205(A)-(B); 66–5–205.1(A)-(B). An MVD database that law enforcement officers can access from their onboard computers reports a compliance status of `active’ or `suspended’ or `unknown,’ based on MVD record information on liability insurance for each individual registered motor…
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E.D.Ky.: “Reasonable cause” for production of taxpayer information from the IRS in a public corruption investigation is less than PC
“Reasonable cause” for production of taxpayer information from the IRS in a public corruption investigation is less than “probable cause.” USMJ denial of order overruled. In re United States for Taxpayer Return Information, 2016 U.S. Dist. LEXIS 119895 (E.D.Ky. Sept. … Continue reading →
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Preventable Murder
Readers know that I have significant problems with Donald Trump, starting with his basic manners. He nonetheless rode to the nomination on what I shall call a stern view of immigration, sometimes bordering on xenophobia. That said, I am compelled to give credit where credit is due. Trump is on the money in excoriating the present Administration's lack of seriousness in its "enforcement" of immigration law. As usual, it's not the people who go to Georgetown parties and have mahogany paneled offices at DOJ who pay the price, as witness this story in today's Washington Post: "Immigration officials: Suspect in Maryland gang murder had been deported twice."A 28-year-old gang member charged in the brutal stabbing death of a Maryland teenager had been deported twice to El Salvador in the past two years, according to U.S. immigration officials.Oscar Delgado-Perez is expected to make his first appearance in…
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"God Forgives, Outlaws Don't." Federal Criminal Forfeiture 101
US v. Joshua N. Bowser. Appeal of: Bradley W. Carlson. No. 15-2258. This appeal involves the government's efforts to seize personal property bearing the insignia of the Outlaws Motorcycle Club (the "Outlaws"), and the effort of a representative of the Outlaws to intervene to prevent those forfeitures. The forfeiture actions stemmed from criminal cases brought against a number of Outlaws members, including all members of the Indianapolis chapter of the Outlaws. The indictment included a notice of the government's intent to forfeit any and all property affording the RICO defendants with a source of influence over the enterprise and all property obtained, directly or indirectly, from racketeering activity. On July 11, 2012, in connection with the arrests of the Outlaws members, the FBI executed search warrants on the Outlaws' clubhouses in Indianapolis and Fort Wayne,…
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New ISIS Magazine: Stand, Die (and Kill)
ISIS's official media arm, al Hayat, has released the first issue of a new magazine called Rumiyah. Here is an English version. (There is also a Turkish, Russian and Arabic version.) In the Foreward, it praises ISIS fighters who died for the... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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About Executing "Children"...
Ed Whelan at NRO commemorates Shirley Cook, who died a horrendous death 23 years ago today at the hands of "children." September 9, 1993--In Missouri, 17-year-old Christopher Simmons plans a brutal murder and assures his friends that they can "get away with it" because they are minors. In the middle of the night, Simmons and a friend break into the home of Shirley Crook, awaken her, cover her eyes and mouth with duct tape, bind her hands, put her in her minivan, drive to a state park, walk her to a railroad trestle spanning the Meramec river, tie her hands and feet together with electrical wire, wrap her whole face in duct tape, and throw her from the bridge. Exactly as Simmons plans, Mrs. Crook drowns an unspeakably cruel death in the waters below.Simmons confesses to the murder. At the death-penalty phase of his trial, the judge instructs the jurors that they can consider Simmons's age as a mitigating factor, and the defense relies heavily on…
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CT: Two police cars converging on def and telling him to stop was a seizure
Two police cars driving at defendant in a Subway parking lot from different directions and stopping him was a stop. And, he was ordered to stop by an officer. State v. Edmonds, 2016 Conn. LEXIS 251 (Sept. 13, 2015) (concur; … Continue reading →
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Feds Looking for Money Laundering in Texas Real Estate Deals
Money laundering did not become illegal in the U.S. until 1986 when Congress passed the Money Laundering Control Act. This federal law made it easy to prosecute because it removed individual intent and the limits of money involved. Money laundering consists of three steps: placement, layering, and integration. Placement occurs when “dirty money” derived from illegitimate means is introduced into the financial system. The process of concealing the source of this dirty money is referred to as layering, i.e., the dirty money is concealed through complex financial transactions hidden by unlawful bookkeeping maneuvers. The final step of the illegal process, integration, occurs when the dirty money is acquired through supposedly legitimate means. Feds Looking for Money Laundering in Texas Real Estate Deals The U.S. Department of Treasury recently announced it had undertaken money laundering investigations into suspect real estate deals in Bexar…
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Mistake of Law: How to Challenge Your Unlawful Stop
Can an Arizona Police Officer’s misreading of a clear and unambiguous law give rise to reasonable suspicion, thereby making a stop lawful? This was a question for a recent Arizona appellate court to decide. In the case, the court considered whether a sheriff’s deputy had reasonable suspicion to stop a suspect because the officer thought the rear display light on the driver’s vehicle was unlawful. This article takes a closer look at how defense successfully challenged an unlawful police stop due to the police officer’s mistake of law with these topics: Continue reading
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A Denial of Due Process
Suppose a criminal defendant is on trial at a time when the law is clear that the state must prove X and Y, and if the defendant negates either he is entitled to acquittal. He submits what he believes is conclusive evidence negating X, so he does not expend the resources to negate Y. The jury convicts him anyway, and he appeals on the ground that the verdict is not supported by the evidence.On appeal, it is decided that the defendant did indeed negate X, but the court changes its interpretation of the law so that Y alone is enough. Since the defendant did not put on any case against Y, reasonably believing he didn't need to, his conviction is affirmed.Wouldn't the defense bar, academia, and the press scream bloody murder? Wouldn't they denounce that as fundamentally unfair? Of course they would, and they would be right.Yesterday the Florida Supreme Court did pretty much what I just described, but in the other direction. It is…
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Facebook Reverses Censhorship of Iconic Kim Phúc Photo
Photo courtesy of Aftenposten Facebook censored the iconic "Napalm Girl" photo of 9 year old Phan Thi Kim Phúc. If you are not familiar with the photo or the story behind it: In June 1972, when she was just 9 years old, Phuk suffered... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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DWIs and the affect on your license
Driving While Intoxicated or Driving Under the Influences cases in Missouri are continuing their evolution toward ambiguity as courts wrestle with changes to the BAC testing process, the science behind such testing, and even the impact the standard three field sobriety tests have on the overall guilt equation and/or retention of one’s driving privileges. These changes not only can have an effect on your driving privileges but also any criminal ramifications that can arise from being arrested for a DWI/DUI. All the more important to have counsel with the ability to address these issues, the experience to litigate both aspects of the DWI/DUI equation and an understanding of the forum of a particular case. John M. Lynch routinely handles DWI/DUI offenses in St. Louis County, St. Charles County, Lincoln, Warren, Franklin and Jefferson Counties. As a former police officer, trained in DWI/DUI detection and investigation, John M. Lynch has the experience…
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Common Types of Injuries in Car Accidents
Car accidents happen in a multitude of ways, and the injuries suffered vary just as widely. While minor injuries are the most common, serious injuries often lead to emergency department visits, costly treatment, and rehabilitation. The costs of these serious injuries can add up quickly, and even leave you paying out of pocket for the expenses above and beyond your personal injury protection insurance coverage if you opted for no-fault insurance.What are the most common car accident injuries?Some of the most common serious injuries, based on the number of emergency department visits for treatment following a car accident, include:Sprains and strains of the neck and backBruisingSpinal disordersSprains and strains other than backBroken bonesOpen wounds According to statistics compiled by the Centers for Disease Control and Prevention, almost 24 percent of car accident injuries treated in 2010 and 2011 were sprains and strains of the neck and back. Bruising was the primary…
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Friday Open Thread
Colombia is mulling over whether to allow companies to put coca in their products. Lawmakers are working on a proposal that would allow anyone not just indigenous groups to harvest coca crops for traditional and medical uses.... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Ramsey on The Stereotyped Domestic Violence Offender
Carolyn B. Ramsey (University of Colorado Law School) has posted The Stereotyped Offender: Domestic Violence and the Failure of Intervention (Penn State Law Review, Vol. 120, No. 2, pp. 337-420, 2015) on SSRN. Here is the abstract: Scholars and battered...
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DOJ Releases Report on San Bernadino Attack
The Justice Department has released an in depth report, Bringing Calm to Chaos, (available here) on the December, 2015 San Bernadino shootings. Shooters Syed Farook and his wife Tashfeen Malik died in a shootout with police. The report... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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4 Vehicle Crash East of Jerome
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000 Fax (208) 324-7897 For Immediate Release: 9/9/2016 9:40 p.m. Please direct questions to the District Office The Idaho State Police are currently investigating a four-vehicle injury crash on US93 at milepost 60, east of Jerome. US93 is currently blocked in both directions and traffic is being diverted at the US93 and SH25 Junction and the 200 North - Red Bridge Road. More information will be released when it becomes available. MC/AC -------------
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Trains Delayed By DUI Driver
When drivers suspect they’ve had a few drinks too many, one of the best things they can do is park their vehicles and get them off the road. But when they’re at risk for a DUI in Los Angeles–or any other jurisdiction, for that matter—they should be careful to determine whether or not their parking spot is a good one. Hung Tran, 54, didn’t do a very good job in selecting the place to park his vehicle. He left it on the train tracks near Hanahan, South Carolina around the time that the Amtrak Auto Train Number 52 was heading to that same spot. Tran did manage to get out of his vehicle before the train hit, but the impact caused a large crash (heard by nearby neighbors) and delayed travel along the tracks for three hours. Fortunately, no one on the train suffered injuries. When police gave Tran a breathalyzer exam, they measured his blood alcohol content at .15 percent—almost twice the legal limit. He now faces DUI charges. Just a few weeks…
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4 Vehicle Crash East of Jerome ** Update **
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000 Fax (208) 324-7897 For Immediate Release: 9/10/2016 12:30 a.m. Please direct questions to the District Office ** Update ** On Friday September 9, 2016, at approximately 9:00 p.m., a four vehicle crash occurred on US93 at milepost 60, east of Jerome. A 2010 Mazda MZ3, driven by Stacey Heath, 31 of Shoshone, followed by a 2013 Chevrolet Traverse, driven by Wendy Speth, 44 of Hailey, and followed by a 2004 Toyota Camry, driven by a juvenile female, were all stopped on US93 for turning traffic. A 2001 Dodge Ram pickup, driven by Tristian Kaneaster, 18 of Gooding, was heading northbound, when he failed to stop for traffic and rear-ended the Toyota, forcing it into the rear of the Chevrolet and Mazda. The drivers…
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