Distance-wise, the September 11, 2001, murders hit me close to home. I was only ten miles from the Pentagon at the time, and had visited a prosecutor there only two years earlier. For a year before law school, I worked four blocks and lived two miles from the World Trade Center, whose elevators I had ridden. Before September 11, I did not realize that America’s military defense was not already equipped to well prevent such airplane attacks. The hijacking and subsequent attacks of the three planes were cold-blooded murder. How to respond to the September 11 murders? I reject the conspiracy theorists who believe the George Bush II administration wanted the attack to take place, to justify instituting sweeping measures against terrorism. I do, though, figure that George Bush II’s administration had already established detailed plans for such measures in the event of an attack of such a scale as the September 11 murders. The Bush administration wasted no time…
September 11 fifteen years later
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15 Years Ago and Today
On September 11, 2001, the grim reality became so unmistakably clear that every American understood it. There is evil in the world, and evil must be fought. For a brief time, a wave of patriotism swept the country. We saw Hollywood lefties up on the stage singing old-fashioned patriotic songs. We had not seen such unity in my lifetime and probably will not see it again.Today, it is once again fashionable for prominent figures to declare their hatred for their own country. A entire movement denigrating the people who risk their lives to protect us from evil has been born from a slanderous lie. Our academics have turned our colleges into very expensive indoctrination camps where our young people are fed a single-viewpoint diet of opposition to the principles that made this country great. They are taught a distorted vision of our history that diminishes and denigrates the great accomplishments of our founders and focuses obsessively on the…
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Lowell Man Arrested for Sixth Drunk Driving Offense after Ramming Police Cars
According to a recent news article from CBS Boston Local, a man from Lowell, Massachusetts, just north of Boston, was arrested on his sixth drunk driving charge after allegedly ramming into to two fully marked police cruisers early Friday morning. The man is 41-years-old. Police say the man was allegedly driving his vehicle in an erratic manner and speeding when they witnessed this and attempted to pull him over. They use the term attempted because their efforts did not go so well. Police further allege that the man did not stop when they activated their lights and sirens, so they had not choice but to follow him. Police will not typically go on a high-speed chase, since that could result in injuries to innocent bystanders, but they are allowed to follow a suspect at a reasonable speed. Police will also radio for other police officers to join them in the pursuit, which is what they did in this case. As this point, the police had followed the suspect until he…
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Case o' Week: Heard it through the Grapevine - Carey and "Plain Hearing" in Title III Wiretaps
DEA, FBI, Title III, tap wrong guy.Suppress? Deny. United States v. Carey, 2016 WL 4651408 (9thCir. Sept. 7, 2016), decision available here. Players: Decision by Judge Gould, joined by Judge W. Fletcher. Dissent by Judge Kozinski. Facts: Feds got a Title III order to tap a suspected drug dealer, Escamilla. Id. at *1. They listened to calls on the target line for seven days, and at some point (not clear when) they realized the target, Escamilla, wasn’t using this line. Id. After consulting with AUSAs, id. at *2, agents continued listening. Id. at *1. Based on these intercepted calls, Carey was eventually indicted for a conspiracy to distribute cocaine. Id. Carey’s motion to dismiss was denied. Id.Issue(s): “Carey moved to suppress the evidence obtained from the wiretaps, arguing that the government violated the Wiretap Act by never applying for a wiretap as to him or his coconspirators.” Id. “In Carey’s…
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OH8: Video belied testimony about stop; suppression should have been granted
The trooper testified that defendant served within lanes, but it was not supported by the video and defendant wasn’t even cited for that. Thus, the motion to suppress should have been granted. City of Cleveland v. Shevchenko, 2016-Ohio-5711, 2016 Ohio … Continue reading →
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W.D.Tex.: In a Playpen case, planting software on a computer to cause it to transmit its address is “unquestionably a search”
There is no reasonable expectation of privacy in IP addresses, but planting software on a computer to cause it to transmit its address is “unquestionably a search.” Recognizing the split of authority, Rule 41 was violated, but the court declines … Continue reading →
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Police Destruction of Evidence Leads to Dismissal of Cases in Harris County
The Houston Chronicle carried a recent report that the Harris County District Attorney’s Office had dismissed 90 misdemeanor and felony drug cases because a local Constable’s Office “improperly destroyed evidence.” The evidence destruction was brought to light when attorney Paul Morgan discovered that evidence in a case he was defending had been destroyed. The reason offered for the destruction of the evidence? “Cleaning Up” the Evidence Room Constable Mark Herman said one of his deputies was trying to clean up the department’s crowded property room and apparently decided the best way to accomplish that was to destroy evidence stored there. The deputy was banished from the law enforcement community. “I did an internal affairs investigation at my office,” Herman told the newspaper. “Basically we found he (committed) some very serious policy violation and I fired him…
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Vandalism Charges Dismissed
Vandalism Charges Dismissed It took over a year, but I finally civilly compromised another vandalism case. My client and his friends were out smashing mailboxes, light fixtures and even a couple car side view mirrors. The third and final victim finally cashed my check and signed off on the civil compromise. What does this all mean to my client? It means no probation, no fine, no jail or trash pickup duty, no driver’s license suspension and no conviction. That’s right: a conviction for vandalism can cost you your driver’s license for at least a year. How did I do this? Under California Penal Code Sections 1377 and 1378, if a victim of a misdemeanor tells the court that they have been financially made whole after they were vandalized or suffered other monetary loss as the victim of a crime, the judge can permanently stay or stop the case and discharge or dismiss the victim from the criminal charges. We call it a civil compromise. It only…
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Effective review of notable increase in murders in many cities in 2015 and thereafter
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"The NFL Should Let Players Use Marijuana"
The title of this post is the headline of this new Reason article/video, which seems like a fitting topic to highlight on this first big weekend of professional football games. Here is some of the set-up to the five-minute video I have enbedded below: "I was sitting in the training...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/1tWrNkSeeoY" height="1" width="1" alt=""/>
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Hillary Feels Fine
Hillary got overheated at a 911 Memorial today. She left, went to Chelsea's apartment, and emerged later saying she felt great. Temperatures on Sunday morning in New York hovered around 80 degrees most of the morning. At the start of the... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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NAAUSA sends letter to House members explaining its opposition of federal statutory sentencing reforms
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Dust Strom on US26 Near Ririe
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: 09/11/16 4:30 p.m. Please direct questions to the District Office The Idaho State Police is currently investigating an injury crash on US26, east of Ririe. At this time visibility is reduced due to high winds and dust. Use caution when driving in that area. SG/SC -------------
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Top-Ten Recent SSRN Downloads in Criminal Procedure eJournal
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 296 Student Surveillance, Racial Inequalities, and Implicit Racial Bias Jason P. Nance University of Florida Levin College of Law Date posted to database: 29 Aug 2016 [new to top...
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SURVIVOR POOL WEEK ONE FINAL
Lots of people who picked the Seahawks and KC Chiefs are breathing a lot easier after a very close call in both games.Kudos to Dory Louis, who as always, picked his Miami Dolphins and spit in the face of reason and logic and almost pulled it off. A coward dies a thousand deaths, a hero dies but once. Mr. Louis went down, but he went down fighting.Week One FinalSite Feed
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Is Ohio again about to pioneer a new execution method?
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News Scan
Illegal Immigrant Gang Member Charged with Murder: A twice-deported MS-13 gang member has been charged with the brutal murder of a Maryland teenager. Fox News Latino reports that El Salvador-native Oscar Delgado-Perez, 28, faces a charge of first-degree murder in the June stabbing of Cristian Villigran-Morales, who was stabbed over 40 times in order for Delgado-Perez to win credibility with his gang. Delgado-Perez allegedly directed a female to lure Villigran-Morales into a park in a ruse, telling him they would engage in sexual intercourse, and later lured him to the woods where he was killed. A second gang member is in custody for the murder and police are searching for a third. Delgado-Perez was deported in October 2014 and February 2015.OH Man Faces Death Penalty: An Ohio man accused of murdering two people three years ago while the young son of one of the victims hid upstairs could face the death penalty if found guilty at his…
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Fainting and Medical Comparisons
Dr. Jen Gunter at The Hill writes an article, "Yes, Hillary almost fainted: I'm a doctor and it's really OK." The medical term for fainting is syncope. Syncope is the temporary loss of consciousness and posture, due to a temporary... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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FAQs About Domestic Violence
Being accused of a crime is a daunting prospect. Knowing the facts about how the criminal charge process works can help bring you some peace of mind. Here are some frequently asked questions and answers about criminal charges and domestic violence. I’ve been arrested for domestic violence. What comes next? After an arrest, police are... The post FAQs About Domestic Violence appeared first on Graham Donath.
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False DUI Breathalyzer Results from Foreign Substances
When you are suspected of DUI and administered a breathalyzer test, there are a multitude of substances that can affect your test results. Even if you have not been drinking alcohol, you can still be arrested if your breathalyzer test registers over the national legal limit of 0.08 percent for blood alcohol content (BAC).When a proper defense is needed for your breathalyzer test results as part of a DUI case, it is important to get the help of a lawyer as soon as possible. Your criminal defense attorney can help you build a strong, aggressive defense against these charges.What Causes Breathalyzers to Register Positive for BAC?When you have not been drinking, but have a positive result for BAC during a breathalyzer test, there are several things that may have caused this “false positive.” These include asthma inhalants, administered by patients directly through a device much like a breathalyzer, called an inhaler.If you have been arrested for suspicion of DUI, speak…
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