CA5: Dog alert on car justifies search of any containers in it
A drug dog’s alert on defendant’s car justified a search of any containers in it, including her purse. United States v. Carter, 2013 U.S. App. LEXIS 4908 (5th Cir. March 11, 2013).* Officers’ entry...
View ArticleD.Neb. & Guam: Paperwork complications justify extending stop
The stop continued for 10 minutes, but it was complicated by defendant’s paperwork, and it was only as long as required. After that, he was validly asked for consent. United States v. Aponte, 2013 U.S....
View ArticleTHE IDES OF MARCH
The jury in the re-trial of Dennis Escobar, accused of killing City of Miami Police Officer Victor Estefan in 1989 resumes a fourth day of deliberations Monday. What a lawyer says: THE RACE CARD?To...
View ArticleCO: References before jury to defendant refusing consent were plain error
Prosecutor’s repeated, yet unobjected to, references to defendant refusing consent to show consciousness of guilt was plan error. People v. Pollard, 2013 COA 31, 2013 Colo. App. LEXIS 349 (March 14,...
View ArticleThoughtful response to Judge Rakoff's call to scrap fraud guidelines
Wes Porter, who is now a law professor but was before a senior trial attorney for the fraud section of DOJ's Criminal Division, has this lengthy new commentary headlined "Sentencing Guidelines Needn't...
View ArticleMS: Defendant's stop walking pit bulls was unreasonable; no possible...
Police received a call about a man walking pit bulls, so they went looking for him and found him. The officer rolled down his window, and defendant kept walking talking to him. The officer told him to...
View ArticleGA: Officer's entering front door unasked was unreasonable
Defendant’s garage was part of the home. She parked there and entered the house through its door. Therefore, the officer’s entry there violated the curtilage. Even if the officer had probable cause...
View ArticleLege shouldn't needlessly expand wiretapping authority
Legislation expanding the authority of local law enforcement in Texas cities with more than 500,000 people to perform wiretaps passed out of the Senate Criminal Justice Committee this week. The bill is...
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American Red Cross Apps: Really nice and useful
3-16-2013 National: Really good Apps, just tried the Tornado one and it will wake you up, GUARANTEED! TORNADO App: Get your family and home ready for a tornado with the official Tornado App......
View ArticleIn Defense of Compassion
Elie Mystal put up something yesterday at Above the Law about the lawyer on leave from her job as an associate court attorney at the Manhattan Supreme Court who jumped to her death from her apartment...
View ArticleN.D.Cal.: National Security Letters unconstitutional
The non-disclosure provision of National Security Letters violates the First Amendment as a prior restraint, and it is nonseverable from the rest of the statute. Therefore, the statute is...
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Sixth Circuit Rules On Case About Calculating Child Pornography Restitution
At the end of last month, the Sixth Circuit Court of Appeals ruled on two unrelated child pornography cases, U.S. v. Gamble and U.S. v. Crawford. In both cases the lower courts ordered the defendants...
View Article"Sentencing Policy Adjudication and Empiricism" with a focus on...
The title of this post is drawn from the basic title of this notable new and timely article by Melissa Hamilton now on SSRN and just titled "Sentencing Policy Adjudication and Empiricism." Here is the...
View ArticleMD Lawmakers Approve Bill To Ban Death Penalty
Lawmakers approved a measure Friday that would end the death penalty in Maryland and sent the bill to Gov. Martin O’Malley, a long-time supporter of abolishing capital punishment in the state. The...
View ArticleIID required for ORL in Washington State? DOL says yes
As many of you know one of the consequences of getting arrested for a DUI in Seattle is the possibility of having an ignition interlock device required in any vehicle you drive. Thus giving you one...
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Law Enforcement Ramping Up St. Patty's DUI Patrols
Although not an official public holiday in America as it is in Ireland, each year on St. Patrick's Day millions of Americans flock to the bars and pubs to join in the festivities. It is one of our...
View ArticleDroning on: US Senate, Texas House struggle with regulating unmanned aircraft
This Wednesday at 9:30 a.m. CDT, the US Senate Judiciary Committee will hold a hearing on "The Future of Drones in America: Law Enforcement and Privacy Considerations." See here for...
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Guantanamo Hunger Strike: Pentagon Disputes Numbers
There has been a mass hunger strike going on since February at Guantanamo, mostly by detainees in Camp Six, the least restrictive unit. According to a letter from more than 50 defense lawyers to... [[...
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False Sex Crime Allegations Leads To Case Dismissed - What Now?
By Colorado Sex Crimes Defense Lawyer - Attorney - H. Michael Steinberg A recent case in New York City - clearly points out what can go wrong in a felony sex crime prosecution. Darrell Dula - 26 - was...
View ArticleNew law proposed to allow police to tow and impound vehicle for driving...
Lawmakers in the House of Representatives will vote soon on a bill that allows police officers to tow and impound vehicles for driving without proof of insurance. Proposed by Representative Joe...
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