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Last 20 posts indexed in the Criminal Law category on Justia BlawgSearch.com
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    ***The roadway is open at this time**** The Idaho State Police are currently investigating a crash on US12 at milepost 19, Rubens Gifford. The roadway is completely blocked at this time. We will advise when the roadway is cleared. MKS

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    IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 2 Patrol 2700 North and South Highway Lewiston, ID 83501-1732 (208) 799-5151 Fax (208) 799-5146 For Immediate Release: 06/22/2018 3:20 p.m. Please direct questions to the District Office On June 22nd, at 11:29 am, the Idaho State Police investigated a one vehicle fatality crash on US12 at milepost 19, near Myrtle. Mario P. Garateix, 65 yoa, of Grangeville, was westbound on US12 at milepost 19 on his black 2013 Harley Davidson motorcycle. He was attempting to negotiate a curve when he struck the guardrail and lost control of the motorcycle. Garateix was ejected from the motorcycle. He was not wearing a helmet at the time of the crash and succumbed to his injuries at the scene. The highway was blocked for approximately 1.5 hours. The highway is now open at this time. 2924…

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    Sarah Seo (University of Iowa College of Law) has posted Democratic Policing Before the Due Process Revolution (Yale Law Journal, Forthcoming) on SSRN. Here is the abstract: In 1952, Jerome Hall gave a series of lectures on “Police and Law...

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  • 06/22/18--14:57: News Scan
  • The Separating Immigrant Families Scam:  For more than a month we have been told that the U.S. Attorney General's decision to prosecute every foreign national who crosses the border illegally has created a crisis on par with the Holocaust, where tens of thousands of helpless children have been pulled from their parents and thrown into internment camps as reported by CNN and virtually every other news outlet.  Sounds of children crying and photos of children in cages have accompanied these reports.  Trump did this, we are told, and to send that message home Time Magazine put the President and a crying little girl separated from her parents by his policies on its cover this week.  Should we believe what the major media, open borders groups like La Raza, Nancy Pelosi, Chuck Schumer and two dozen other liberal democrats are saying?  Probably not.  As Heather McDonald notes in this City Journal piece, when the Obama Administration attempted to hold…

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    Today, in Carpenter v. United States, __ US __ (No. 16-406) (June 22, 2018),  the United States Supreme Court determined law enforcement must obtain a search warrant to obtain a person’s movements obtained through records tracking cell-phone site locations. The Court reiterated that individuals have a reasonable expectation of privacy in their physical movements and […]

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    In the field of criminal defense, there are many hard-fought battles that can end in a dismissal or an advantageous plea bargain for the defendant if the attorney is at the top of their game. Regardless of the work of the attorney, some accountability falls upon the defendant themselves and this is what we often call “The Danger Zone.” The “Danger Zone” is the time period between the plea and the sentence and the behavior of the defendant during that time period can be the difference between incarceration and freedom. To discuss the issue in greater detail, we spoke to leaders in the criminal defense sector to learn more about the issue. Scott Grabel is the founder of Grabel and Associates and has developed the top criminal defense firm in the state of Michigan. When asked about the “Danger Zone”, Grabel stated, “Michigan Court Rule (MCR) 6.310 (B)(3) is very clear that if the defendant commits misconduct between the plea and…

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    SCOTUS rejects warrantless cellphone location tracking in Carpenter v. United States, 2018 U.S. LEXIS 3844 (U.S. June 22, 2018) (5-4). Gorsuch “dissents,” but it reads like a concurrence, which parallels his questions at oral argument, and he agrees with Justice … Continue reading →

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    The U.S. State Department has announced that it will be requiring the vast majority of immigrants seeking visas to enter the U.S. to provide five years of detailed social media history usage, including their usernames for popular social media platforms such as Facebook and Twitter. The application also will require applicants to list usernames for other social media platforms not specifically identified on the application. In addition to social media information, visa applicants will have to provide previous telephone number, email addresses, prior immigration violation, and information about any family members who have been involved in terrorist activities. This move is only one of the latest attempts by the Trump administration to crack down on illegal immigration and protect the country from alleged “terrorists” being able to enter the country. The Trump administration previously had announced its intent to implement “extreme vetting” procedures to…

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    I believe I may be under investigation for a crime and law enforcement has attempted to contact me. I don’t want to speak with them if I don’t have to, but I’m unsure of how to answer any questions they may ask.   The short answer is no, you do not need to voluntarily provide law enforcement with information or answer their questions. Under the United States Constitution, you have the right to not provide any self-incriminating information to law enforcement. You also have the right to consult with an attorney prior to any police interrogations or have an attorney present while officers question you.   Most people are familiar with the Miranda warnings and can even recite them from memory. This legal doctrine comes from Miranda v. Arizona, heard by the Supreme Court of the United States in 1966. From this case, officers are required to inform suspects of their right to remain silent, that any statements they make may be used against them, that they…

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    Huge, ground-breaking decision from the Supreme Court today! In a 7 to 2 ruling, the Court said a search warrant is needed for cops to obtain cell site location information from phone companies. The opinion is here. The case before us involves... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

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    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: 06/22/2018 10:07 P.M. Please direct questions to the District Office The Idaho State Police is currently investigating a crash northbound SH55 near Gardena. The northbound lane is blocked at this time. More information will be released as it becomes available. 4031 -------------

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    A man has been suspected of more than one assault in the San Francisco area after someone fitting his description was caught on a surveillance camera while in the act of attacking a sleeping homeless person. He is additionally suspected of being involved in at least two other violent incidents in the neighborhood. 58-year-old Samuel Youmtoub lives in San Francisco and has been accused of being the aggressor in three assaults, one of which allegedly took place in early February, while the other two happened in May, three months later, and within days of each other. On February 4, a man had unexpectedly run into Youmtoub after having a prior interaction with him, and the man decided to walk away to avoid making contact with him again. As the man reportedly tried to leave the area Youmtoub spotted him allegedly went after him until he was within reach of the man. Continue reading →

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    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: 06/22/2018 10:07 P.M. Please direct questions to the District Office *Update* On Friday, June 22, 2018, at approximately 9:08 p.m., Idaho State Police investigated a single-vehicle injury crash northbound SH55 at milepost 73, near Gardena in Boise County. Rodney A Borgeman, 68, of Garden Valley, was driving a 2008 Dodge pickup when the vehicle veered off the right shoulder and struck an embankment. Borgeman was not wearing a seatbelt. He was transported by air ambulance to St. Alphonsus Regional Medical Center in Boise. The northbound lane was blocked for approximately 1.5 hours. All lanes are back open. This crash is under investigation by the Idaho State Police. …

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  • 06/23/18--03:57: Carpenter and the Walrus
  • The Supreme Court dropped its opinion in the hotly-anticipated Carpenter case, holding in a 5-4 decision (or 5-3-1, if one sees Justice Gorsuch’s dissent as a quasi-concurring opinion) that a warrant is required for law enforcement to obtain historical cellphone data. The Walrus and the Carpenter Were walking close at hand; They wept like anything to see Such quantities of sand: If this were only cleared away,’ They said, it would be grand!’ If you’re looking for scholarly discussion of the opinion, you would do better to read Orin Kerr’s thoughts, or perhaps Lior Strahilevitz and Matthew Tokson. Unlike the academics, and the justices, there was one thing I hoped would come out of this decision. It didn’t. For a long time now, it’s been clear that the digital world doesn’t fit well within the paradigm of search and seizure in the physical world. Whether Katz’s “reasonable expectation of privacy” test…

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  • 06/23/18--05:04: Short Take: 85 At A Time
  • The conflicted and confused battle over separating children from parents was one prong of the scheme, and the one most obvious to attract outrage and heartbreak. Who wouldn’t feel the pain of a little girl crying as she watched her mother’s arrest? Who wouldn’t cringe at the sound of a child calling “papi, papi” from behind chain link? But the other prong, less evocative, was the “zero tolerance” policy by Attorney General Jeff Sessions, which both involves law and requires a certain amount of background to appreciate. In the past, people caught illegally crossing the Rio Grande were deported. Now, they are being charged with a misdemeanor under 8 U.S.C.A. § 1325. It is not a crime to be physically present in the United States without authorization, but it is a crime to engage in the conduct of eluding examination by immigration. Once a person has been deported, a second (or more) illegal re-entry is a felony. Go to prison,…

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    Philadelphia Criminal Defense Lawyer Zak Goldstein The United States Supreme Court has decided the case of Carpenter v. United States, holding that police must obtain a search warrant based on probable cause prior to getting cell phone location data from a cell phone provider. In Carpenter, law enforcement officers had obtained cell phone location data for the defendant which linked the defendant to various gunpoint robberies without a search warrant. Therefore, the court reversed the defendant’s conviction and remanded the case for a new trial. The Facts of Carpenter v. United StatesIn 2011, police arrested four men for robbing a number of Radio Shack and T-Mobile stores in Detroit. One of the men confessed that over the previous four months, the group (along with other individuals) had robbed nine different stories in Michigan and Ohio. The suspect identified 15 other people who had participated in the…

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    Michael Jackson's estate sued ABC and Disney because a two hour documentary on Jackson's last days improperly used his songs, music videos, and movies.The lawsuit filed alleges that the special illegally uses significant excerpts of his most valuable songs. It also says that ABC used clips in the 2016 Spike Lee directed documentary, “Michael Jackson’s Journey from Motown to Off the Wall,” and from the 2009 feature film “Michael Jackson’s This is It.”It cites Disney's aggressive defense of its own copyrights and its normally narrow view of fair use, the doctrine in copyright law that says short excerpts can be used for news, criticism and research.Representatives from ABC said that the special was a piece of journalism and that it did not infringe on Jackson's estate rights. Since the special could be regarded as a form of news, they would be entitled to fair use of excerpts of Jackson's work, but the lawsuit says that…

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    https://elcomercio.pe/opinion/columnistas/mundial-rusia-2018-futbol-ritual-alexander-huerta-mercado-noticia-530061 El autor hace algún tiempo, no mucho, quizás unos seis meses atrás, escribió sobre los carnavales, un ritual sin lugar a dudas pero a diferencia de este artículo ese ritual se practica, siendo de conjunto, como una suerte de liberalización personal, pues, sostenía el señor Mercado (estoy recordando)  que expresar sentimientos y/o emociones retenidas porqué su manifestación en la vida cotidiana originan un rechazo social liberan a quién es partícipe del agua  derramada sin discriminación en las horas que  el  calor la reclama. El "ritual del fútbol" nos ha unido afirma Alexander Huerta, pienso que se está adelantando a los acontecimientos por venir (el juego contra Australia) hoy a raíz de la eliminación para…

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    Plaintiff was held without a hearing as an alleged material witness, but never presented to a court. The district court granted qualified immunity, and the court of appeals reversed. Her rights were clearly established that she was entitled to be … Continue reading →

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    The demotion of a warden and several other "ranking officers" in response to Keri Blakinger's reports in the Houston Chronicle on illegal quotas being applied to inmate discipline systems at multiple units has had Grits singing the opening verse to this tune from the Old Crow Medicine Show all morning. TDCJ has dismissed around 500 disciplinary cases that officers filed against inmates under these quota systems, and it's a safe bet there are more among them which were fabricated but will now never be adjudicated.It's the thought of those never-to-be-unearthed, fabricated cases that's caused the chorus from the Old Crow Medicine Show to bounce around Grits' head all morning: "How does the warden sleep at night, after the long day's through? Does he toss and turn? Does his conscience burn? Is he a prisoner, too?"