Remember that whole business in the Third Amendment about not having quarter soldiers in private homes without the owner’s consent or that stuff in the Fifth Amendment about takings of property or that other stuff in the Fourth Amendment on unreasonable searches and seizures. It does not appear to apply to police in Henderson Nevada. The City of Henderson is being sued with its police chief Police Chief Jutta Chambers (left) as well as the City of North Las Vegas and its Police Chief Joseph Chronister (right) for a bizarre takeover of a home for a stakeout. Anthony Mitchell says that he was told that police needed to occupy his home to get a “tactical advantage” on the occupant of a neighboring house. When Mitchell refused, the police ultimately, according to his complaint, busted through his door, hit him with pepper balls, and put him into custody. The lawsuit also names Officers Garret Poiner, Ronald Feola, Ramona Walls, Angela Walker, and Christopher Worley.
Category: Criminal law
Texas has been the scene of intense protests and debates over a senator’s filibuster to block an abortion bill. As reporters were threatened with arrest and other controversies mounted, this scene unfolded in the gallery. According to reports, a 74-year-old woman was arrested for assaulting an officer after the Lt. Governor ordered the gallery to be closed. Troopers then encountered Martha Northington who did not move fast enough out of her chair. Continue reading “Trooper Grabs 74-Year-Old Woman And Then Arrests Her After She Hits Him With Her Purse For Being Rough”
Pakistan has again shown the dangerous affiliation of religious discrimination and censorship. The Central Board of Film Censors in Pakistan has banned the movie Raanjhanaa due to a “controversial plot” in which a Muslim girl falls in love with a Hindu man.
As discussed in the media (Washington Post and Associated Press), the plaintiffs in the World Bank case have filed their final proposed findings before the Special Master, including recommendations that D.C. Attorney General Irving Nathan and top aides be referred to the Bar for investigation. The case (Chang v. United States) has been going on for over ten years and involves the mass arrest of bystanders without probable cause during demonstrations against the World Bank and IMF. The case has been under investigation by Special Master John M. Facciola, United States Magistrate Judge for the United States District Court for the District of Columbia, who is looking into the loss or destruction of key evidence in the possession of the District of Columbia as well as false statements and filings made before the Court by District officials. Because I am co-lead counsel in the case with Dan Schwartz of Bryan Cave, I must remain circumspect in what I can say about the case. To relieve the burden on my secretary, I am posting the filing this week which is in the public record.
Prosecutors in the George Zimmerman trial are facing a collapsing case and renewed question over whether Angela Corey succumbed to the political pressure and overcharged the case. The prosecution’s case has thus far been a disaster and many are now questioning whether charges should have been brought at all, let alone charged as second degree murder. For some inexplicable reason, the prosecutors led with Rachel Jeantel, who was one of the least compelling witnesses that they could have called from earlier perjury to ever-changing testimony. Now Angela Corey (right) and her office appear to be turning toward alternative areas of prosecution involving the daughter of one of the defense counsel.
We have previously discussed stolen valor cases where police arrest people for pretending to be former decorated veterans and heroes. But what if the man is not only the police but the police chief? When Robert Kerkorian joined the Waukegan, Ill., police department 26 years ago, he said that he was a Navy Seal (a common claim for stolen valor cases). That may have remained his secret until he was promoted to chief and a little checking led to a big embarrassment. Kerkorian was in the Navy for only six months and never even made it to Seal training.
Continue reading “Stolen Valor: Illinois Police Chief Demoted Over False Claim Of Being A Seal”
An Indiana police officer is under investigation in a novel controversy. Witnesses say that he gave his gun to a stranger to shoot a young deer on the side of the road because he did not have the heart to do it. It appears that the bystander may have been Associate Justice Elena Kagan or at least she claims prior experience for such a job.
Continue reading “Passing the Buck: Indiana Policer Officer Gives Gun To Bystander To Shoot Deer”
This is yet another video of a citizen confronting a police officer about his taking her iPad because she was using it to film him in the course of a stop or arrest. The officer tells her that she can pick it up tomorrow and that she is risking an arrest by continuing to confront him.
Continue reading “Officer Seizes iPad and Threatens Arrest After Being Filmed in Public”
We have discussed cases of the use of tasers or pepper spray as first responses by police when alternatives seem obvious. This video shows a confrontation between an officer and a squirrel where the officer pepper sprays the squirrel over the objections of onlookers.
Continue reading “Cop Versus Squirrel: Students Object To Police Officer Pepper Spraying Squirrel”
Noor Basra, 16, and Noor Sheza, 15, and their mother were delighted to have rain in their area of Northern Pakistan recently. Two teenage sisters began to dance in the rain and a video was shown of them dancing in traditional dress with younger children. Local men saw the video and proceeded to kill the girls and their mother in an “honor killing.” Police have detained their step brother as part of the murder plot.
We previously discussed the case of Jeff Olson, Chalk Menace. Olson, 40, was charged with an excessive 13 counts for writing a protest on the sidewalk in front of a Bank of America location. A former aide to the U.S. Senator from Washington, Olson used water-soluble statements like “Stop big banks,” and “Stop Bank Blight.com” outside Bank of America branches last year to protest the company’s practices. The bank’s security contractor (a former police officer) demanded charges from the police and prosecutor who hit the protester with charges that would have allowed 13 years in prison. After Olson was dragged into court, the judge barred him from even mentioned terms like “free speech” or “the first amendment.” I am happy to report that a California jury made quick work of this excessive prosecution and acquitted Olson. It appears that, even with the gag of the court, the jurors could recognize free speech when they saw it.
Continue reading “California Man Chalks Up A Victory For Free Speech In Bank Of America Case”
Village of South Holland police Officer Chad Barden and other unknown officers are being sued in federal court over another dog shooting. In this case, the police arrived at the scene of a report of a dog off its leash in a suburb of Chicago. While they had dog catching poles, one of the officers shot Randy Green’s Cane Corso dog, Grady, who was sitting on the front porch of his family home when they arrived. Green says that a videotape shows that the dog did not threaten or lunge at the officers before they and Barden shot him three times.
Continue reading “Police Respond To Call Of A Dog Off Leash . . . And Proceed To Shoot The Animal In Front Of Family Home”
The police in Mayfield Heights, Ohio are clearly put out that the Supreme Court has ruled out checkpoints for drugs. They have come up with what they believe is the next best thing: fake drug checkpoints. They are effectively threatening an unconstitutional stop to see which drivers flee . . . and then searching their vehicles. It turns out that Police Chief Fred W. Bittner has support from the local prosecutors in threatening police abuse as a basis to stop cars.
The Oklahoma Supreme Court has rejected a request from the state bar association to disbar Robert Bradley Miller, former assistant district attorney for Oklahoma County, and given him just a suspension from practicing law for 180 days and court costs for egregious misconduct in two capital cases twenty years ago. We have often discussed the lack of deterrence for prosecutors who are rarely disciplined for conduct leading to reversals or false convictions. In this case, the bar wanted Miller out of its ranks for hiding a key deal with a witness and using falsified subpoenas to coerce cooperation from other witnesses. The novel defense — accepted by the state Supreme Court — was that lots of prosecutors acted abusively back then. The shocking opinion was written by Oklahoma Justice Yvonne Kauger (left).
In Florida, Thomas Elliot Huggins, 25, has been charged with strangling a family puppy, chopping it into pieces and cooking its ribs on the stove. In this case, however, he could face significant jail time unlike many other cases where such cruelty is treated as a misdemeanor. However, there is a statutory interpretative issue that could present a novel defense challenge.
Continue reading “Florida Man Charged With Strangling And Cooking Family Puppy”