Category: Criminal law

The Watering Down of the Fourth Amendment

Respectfully submitted by Lawrence E. Rafferty (rafflaw)- Guest Blogger

We all know or should know the Fourth Amendment and how it protects all citizens from an illegal search and seizure of our property and person.  ‘ “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, and particularly describing the place to be searched, and the persons or things to be seized.’ ”  Cornell Law

Over the years, this valuable right has been watered down.  Recently, the Roberts Court heard arguments in a case that did not get much media attention.  That case involved a man who was arrested and detained after a traffic stop just because he had been in an apartment that the police had just exercised a search warrant.  The name of the case is Bailey v. United States and oral arguments in front of the Supreme Court were heard on November 1st, 2012.  Bailey v. United States  The narrow issue that the Supreme Court is deciding is whether an individual can be detained by the police merely because he recently left a residence before the police executed a search warrant at that location.  Sounds like a no brainer, doesn’t it?   Continue reading “The Watering Down of the Fourth Amendment”

Too Much Democracy?

Submitted by: Mike Spindell, Guest Blogger

I’m a legal resident of Florida and this week I took advantage of early voting. While I’ve been a political activist for most of my life and usually have a good idea of the issues involved in any particular election, this vote brought home to me that I wasn’t as smart and informed in this election as I supposed. This thought occurred to me the night before I voted, when I carefully looked over the sample ballot sent to me by my County Board of Elections. The sample ballot had six pages and the opportunity to vote twenty six separate times. The first seven of the twenty-six votes, were “no brainers” since it started with the Presidency and ended with County Commissioner. I was familiar with each of these elective offices and the issues entailed in each particular race, but that’s where my familiarity with the issues involved in the next nineteen votes ended. The next possible votes were on whether each of three particular State Supreme Court Judges should be allowed to continue their terms? Not knowing these Judges and/or their judicial views how was I to make such a decision? The next vote was also on whether a particular Justice of the Court of Appeals should be retained in office. The final electoral decision was a vote between one of two people for a four year term to the County Soil and Water commission. This was not a party affiliated position, so other than their names, I had no idea who to vote for, or what their particular conservation philosophy entailed.

Needless to say, I went on the web and found out what was going on in the Judges recall. This is the story and its’ Washington Post link: A Koch Brothers-backed campaign is seeking to vote out three Florida Supreme Court justices.

“A loosely organized Internet campaign against the court two years ago has been fortified by the conservative group Americans for Prosperity, founded by billionaire activists Charles and David Koch. And then came the surprise announcement that the Republican Party of Florida had decided to oppose all three justices, an unprecedented move in the nonpartisan vote.

Party leaders said that “collective evidence of judicial activism” showed the jurists to be liberals who are out of touch with the public. Opponents point to the court’s death penalty decisions and a ruling that kept an “Obamacare” referendum off the 2010 ballot. But the justices’ supporters say an effort is underway to pack the court with new appointees and deliver Republicans the only branch of state government they don’t control.”

 While it is true that I had no clue that such a Campaign was going on, in my defense I was out of State for the entire summer and not paying attention to local affairs. This guest blog, however, is not about the Koch’s judicial ploy, but about what followed it on the Florida Ballot. This was the vote on eleven Florida Constitutional Amendments and why I believe that the nationwide movement for voter ballot initiatives is an idea to support democracy, which in practice is anti-democratic in nature. Continue reading “Too Much Democracy?”

State Officials In Texas and Iowa Threaten International Monitors With Arrest In Seeking Access To Polling Areas

State officials in Texas and Iowa have succeeded in putting the United States in the company of countries like Iran and North Korea this week after pledging to block access of international observers with the Organization for Security and Co-operation in Europe (OSCE) to polling places — even going as far as threatening to arrest the monitors. The actions are in direct violation with our long-standing position vis-a-vis other nations. It is a shameful position that, again, makes our country look like a hypocrites in demanding such monitoring in other countries but not allowing it in our own.

Continue reading “State Officials In Texas and Iowa Threaten International Monitors With Arrest In Seeking Access To Polling Areas”

Former Penn State President Indicted In Child Abuse Scandal

Former Penn State President Graham B. Spanier has become the latest and highest ranking former university official to be charged in the scandal involving child molestation by former coach Jerry Sandusky. He is the third school official to be accused of crimes in the alleged cover-up. We have previously discussed the case as a pile up of bad legal advice and horrendously bad judgment by the university president and his general counsel.
Continue reading “Former Penn State President Indicted In Child Abuse Scandal”

Transgender Person Alleges Discrimination For Being Asked To Leave Women’s Locker Room After Genitalia To Young Girls

There is an interesting case out of Olympia, Washington where a transgender person is alleging discrimination after being asked to leave the women’s locker room due to his exposing himself to young girls. In a case that is likely to become more common with the expanded rights for transgender individuals, the question is whether schools should bar such exposure in areas with young children or teens.

Continue reading “Transgender Person Alleges Discrimination For Being Asked To Leave Women’s Locker Room After Genitalia To Young Girls”

Public Defender Found Not Guilty In Case Of Assault On Prosecutor In Cook County

In my hometown of Chicago, it appears that the lawyers can generate their own criminal cases without the need for clients. Cook County Public Defender Henry Hams is facing assault charges after a scuffle with Assistant State’s Attorney Mike McCormick. Hams claimed self-defense but prosecutors insisted that the prosecutor was the victim. The jury in Skokie clearly did not agree and yesterday acquitted Hams. McCormick is suing Hams civilly for his injuries.

Continue reading “Public Defender Found Not Guilty In Case Of Assault On Prosecutor In Cook County”

Family Calls Police To Report Drugs Left In Rental Property In Georgia . . . Police Arrest Parents and Threaten To Send Crying Child To Child Welfare

Michael Keeley and his wife are legitimately confused. Police in Georgia arrested three men in their rental property in October after finding meth inside their car. Immigration and Customs Enforcement and Homeland Security and Clayton police then searched the rental property for additional drugs and evidence. According to the Keeley’s, they did not look hard enough. When Keeley and his wife and 9-year-old child went to the home that day to clean it for the next tenant, they found eight bags of narcotics hidden behind the walls. They called police which came right over . . . and arrested the couple in front of their nine-year-old child. They say it was the local Clayton police who were abusive — grabbing their phone and yelling at them. They told Keeley to stop lying and that they knew no one broke into the home. It is not clear why Keeley would call to report his own drugs. Continue reading “Family Calls Police To Report Drugs Left In Rental Property In Georgia . . . Police Arrest Parents and Threaten To Send Crying Child To Child Welfare”

Marine Veteran in Pink Tutu Knocks Out Disabled Vet In Wheelchair Over Costume Dispute

We are just hearing about torts and crimes rolling in from Halloween (to be added to our 2013 listing of Spooky Torts). None are quite as bizarre as the arrest of Christopher Dabney, 22, a Marine veteran who took offense at the costume of Daniel Priotti in a wheelchair. It appears that Priotti was dressed as a veteran in a wheelchair. It turns out that Priotti is a disabled Marine veteran confined to a wheelchair. At the time of the attack, Dabney was wearing a pink tutu.

Continue reading “Marine Veteran in Pink Tutu Knocks Out Disabled Vet In Wheelchair Over Costume Dispute”

New Mexico Officer Accused Of Tasering 10-Year-Old Boy Who Refused To Clean His Patrol Car

A New Mexico policeman is accused in a new lawsuit of tasering a 10-year-old child on a playground after the boy refused to clean his patrol car. The lawsuit has been filed by a guardian ad litem, Rachel Higgins, and accuses New Mexico Department of Public Safety and Motor Transportation Police Officer Chris Webb of the battery on the child.

Continue reading “New Mexico Officer Accused Of Tasering 10-Year-Old Boy Who Refused To Clean His Patrol Car”

Family Values Candidate Eric Bodenweiser Arrested In Delaware For Allegedly Repeatedly Raping Young Boy

This is Eric Bodenweiser, Republican candidate for the Delaware State Senate and anti-gay member of the Delaware Family Policy Council. Bodenweiser, 53, was viewed as unbeatable in the race against his Democratic challenger right up to the time the family values candidate was arrested for allegedly having unlawful sex acts with a 13-year-old boy.

Continue reading “Family Values Candidate Eric Bodenweiser Arrested In Delaware For Allegedly Repeatedly Raping Young Boy”

Spooky Torts: The 2012 List Of Halloween Litigation Horrors

Here is our annual list of Halloween torts and crimes. This holiday remains a favorite for personal injury lawyers around the world and this year’s additions show why. Of course, with Sandy, our area is already looking pretty spooky with downed trees and tattered exteriors.

So, with no further ado, here is this year’s annual Spooky Torts list of actual cases from Halloween (with our past winners).

Continue reading “Spooky Torts: The 2012 List Of Halloween Litigation Horrors”

Two Drivers in Oregon Arrested For Allegedly Running Into Joggers With Stolen Car As “Fun” As “Grand Theft Auto”

In Cape Girardeau, Missouri, Vincent T. Anderson, 19, from Little Rock, Arkansas, and Marcus E. Jones, 27, of Cotton Plant, Arkansas, have been charged with first stealing a car and then hitting pedestrians in what they described as a game akin to “Grand Theft Auto.”

Continue reading “Two Drivers in Oregon Arrested For Allegedly Running Into Joggers With Stolen Car As “Fun” As “Grand Theft Auto””

The Department of Justice Sues Mississippi…Again!

Respectfully submitted by Lawrence Rafferty (rafflaw)- Guest Blogger

I guess I should not be surprised that the State of Mississippi is once again in the news because the Federal Government has filed a Civil Rights lawsuit against it.  The Department of Justice has filed a suit against the State of Mississippi, and the City of Meridian, along with the county and various state agencies, alleging that the defendants have worked to operate a “school to prison” system that allegedly violated the rights of African-American students and students with disabilities.  Continue reading “The Department of Justice Sues Mississippi…Again!”

Ninety Year Old California Man Sued By An Addict Who Shot Him In His Home

There is a truly bizarre case out of California this week in which A 90-year-old California man Jay Leone was shot during an alleged burglary by a methamphetamine addict. The addict, Samuel Cutrufelli, 31, has now sued Leone for negligence. It is the type of case often referenced by legislators in support of Castle Doctrine or Make My Day laws — laws that I have long opposed. Indeed, this case is an example of why such laws are not needed. The case appears meritless and will likely face dismissal by the court.

Continue reading “Ninety Year Old California Man Sued By An Addict Who Shot Him In His Home”

Haggling Over Price: Brazilian Woman Sells Virginity on Internet But Insists That She Is Not A Prostitute

On this blog, we have often discussed the basis for prostitution from rivaling feminist and libertarian perspectives. Critics have long argued that the definition and prohibition of prostitution is inherently flawed and conflicted. Others argue that it is a denial of the rights of consenting adults under a state enforced morality standard. Brazilian student, Catarina Migliorini, 20, has rekindled this debate after selling her virginity online to a Japanese man named Natsu for $772,000.

Continue reading “Haggling Over Price: Brazilian Woman Sells Virginity on Internet But Insists That She Is Not A Prostitute”