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Lawsuit of the Day: Pissing on someone is outside the scope of employment

January 12, 2012

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Lawsuit of the Day: Pissing on someone is outside the scope of employment

The opening act: State troopers took Derena Madison into custody after a 2:30 a.m. traffic stop in which they arrested her friend for driving under the influence. When officers said they would tow the car, Madison exited to protest. Police arrested her for public drunkenness and disorderly conduct, putting her into handcuffs and restraining her […]

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Being HIV+ and committing Assault by Default

January 5, 2012

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Being HIV+ and committing Assault by Default

Having HIV is not the death sentence it used to be.  HIV is, however, a communicable and incurable disease.  As such, recklessly transmitting it to an unsuspecting person is a crime.  Historically, a body part could be a “deadly weapon” only in very limited circumstances, but that seems to have changed.  Under many current laws, […]

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Preview of selected SCOTUS Arguments – January 2012

January 2, 2012

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Preview of selected SCOTUS Arguments – January 2012

SCOTUS has 12 cases presently set for oral argument in January 2012.  I’ve grabbed four I thought may be of interest to you. The first case pits the strong arm of the federal government against us little guys in Sackett v. EPA (10-1062).  It’ll be argued on January 9, 2012.  Check this out: Chantell and […]

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Lawsuit of the Day: Selective Perception leads to bad Warrant

December 10, 2011

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Lawsuit of the Day:  Selective Perception leads to bad Warrant

What we’ve got here is a failure to communicate: Here’s a 9th Circuit Opinion worth reading.  The upshot is this … there was a gang-related shooting.  In this particular gang (and maybe it’s common practice), when one gang member does the shooting, another gang member will stash the gun(s) in their home.  The cops had a […]

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Violate TOS? That’s a jail sentence

November 15, 2011

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Violate TOS?  That’s a jail sentence

This is not a political blog.  We discuss criminal law, but sometimes it’s a thin line between the two.  Check this out.  Nothing short of asinine.  The US DOJ is cloaking its politics.  It claims that the issue is Identity Theft.  It is to laugh. Assume that you sign up for Match dot com.  The site […]

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What’s a Preliminary Hearing all about?

November 11, 2011

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What’s a Preliminary Hearing all about?

Let’s start with the first section of the 5th Amendment: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury The flow from investigation to arrest begins with the cops and then includes the DA – and therein lies the problem. […]

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Accomplice liability: I was just a lookout – what’s this Murder charge?

November 8, 2011

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Accomplice liability:  I was just a lookout – what’s this Murder charge?

Your two buddies are going to break into a warehouse that holds untold riches.  You’re going to sit across the street with cell phone in hand.  Another buddy is going to be on top of a building behind the warehouse, also with cell phone in hand.  Your jobs are to text your friends inside if […]

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Got arrested for DUI? Brace yourself.

November 1, 2011

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Got arrested for DUI?  Brace yourself.

Had a client that back in the 1970s got pulled over for speeding in upstate New York.  Cop did a sobriety test; said he was DUI.  “Here’s your speeding ticket.  Here’s you DUI ticket.  Drive safely.”  Those days are over. About a third of roadway fatalities involve a vehicle operator at or over the legal […]

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The 4th Amendment & Search Warrants

October 30, 2011

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The 4th Amendment & Search Warrants

The 4th Amendment to the US Constitution is a cornerstone of our rights.  Here’s the full text: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, […]

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What’s ‘bail’ and how do I get it?

October 29, 2011

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What’s ‘bail’ and how do I get it?

The underlying principle of bail is to make the decision to not show up in court at future required times.  Bail is set as early as possible in the criminal process.  The US Constitution recognizes that a government that can toss you in jail and leave you there until trial is not much different than the […]

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