Category: Criminal law

Supreme Court Narrowly Rejects Use Of Dog Sniff On Home Without Warrant

AntoninScaliaDog_noseWhile much of the attention this week is on the two same-sex marriage cases, an important ruling was handed down on Tuesday that constituted an increasingly rare victory for the Fourth Amendment under search and seizure law. In Florida v. Jardines, the Court ruled 5-4 that police need a warrant to use a drug-sniffing dog on the exterior of a home. It was a surprise ruling for some of us — a surprise magnified by the author, Associate Justice Antonin Scalia.

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Case of the Missing Vial of Hemorrhagic Fever In Texas Brings Back Memories of Abusive Butler Prosecution

220px-Vial_examplesThere is an interesting story out of Galveston, Texas where officials say that a vial of hemorrhagic fever has gone missing from a research facility at the University of Texas Medical Branch. What is striking is that the school has simply said that the vial was probably lost in a cleaning process. I represented Dr. Thomas Butler who was charged with numerous national security counts for the loss of vials of plague. I was brought into the case by the National Academy of Science members who were alarmed by the abuse of this esteemed scientist by the Bush Administration. With the encouragement of federal officials, Butler was vilified in the media as “Dr. Plague” in an absurd federal prosecution despite the fact that he revealed the missing vials and also thought that they were likely cleaned. Yet, the Justice Department not only pursued him viciously but enlisted Texas Tech University to make unrelated contracts claims against him to try to force a plea bargain. Butler is one of the leading experts on plague and is revered by many for his selfless work in some of the poorest areas of the world. He went to jail (on the contract claims) while the Justice Department is just shrugging off the loss of this vial on the same theory.

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How Nixon Won Watergate

220px-Richard_NixonPresObamaBelow is today’s column in USA Today. It is a follow up to my speech at the National Press Club on the 4oth anniversary of Watergate. The event included a number of Watergate figures from Daniel Ellsberg to Liz Holtzman to Alexander Butterfield and others. It was an extraordinary event organized by Common Cause.

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Where Art Thou Romeo? Lifetime Movie Enjoined At Request Of Convicted Killer

7030314imagesIn a highly questionable ruling, New York Supreme Court Judge Robert Mueller (left) enjoined the showing of Lifeline’s film, “Romeo Killer: The Christopher Porco Story,” which tells the true story of University of Rochester student Christopher Porco (right) who murdered his father with an axe and tried to murder his mother. It is a case of prior restraint and is rare in the United States. Proco had sued that the movie uses his name “for the purposes of trade.” However, Porco is a convicted murderer in a high-profile case from Nov. 2004. It is not clear how Mueller believes that such cases depictions are not covered by free speech but thankfully Mueller was reversed by the appellate court.

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English Thug Who Burned To Death Gay Autistic Teen Will Receive Only 21 Months In Jail

Page17_02_1696173aPage17_03_1696172aWe have previously discussed the lower criminal sentences handed down in England in comparison to the United States. Some such cases truly shock the conscience as in the case of Jordan Sheard (left). Sheard had long bullied Steven Simpson (right) for being gay as well as for his speech impairment and epilepsy. Sheard got Simpson to strip to his underwear and wrote gay slurs over his body which was covered with tanning oil. He then lit him on fire at his birthday party.

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All Balls, No Brains: British Businessman Charged With Selling Useless Golf Ball Detectors As Bomb Detectors

white-golf-ballBritish businessman Jim McCormick is accused of a dangerous and despicable con. He is charged with making slight modification to cheap golf ball detectors and then selling them as bomb detectors at a “handsome but unwarranted profit.” McCornick allegedly would charge various governments up to £27,000 for the devices that were entirely useless. The ball finders can be purchased for just $20 in the states.

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New York Man Charged with Assaulting Woman on Flight With His Teenage Son

brettzorseBrett Zorse, 50, (shown here in a photo from Facebook) reportedly had a curious defense when he was accused of fondling a female passenger next to him on a JetBlue flight with his 12-year-old son. The alleged victim told police that when she confronted him he told her crudely that at least he did not penetrate her. Not exactly the best criminal defense the New Yorker could stake out on a charge of assault. He told police that he thought he had “bonded” with the 32-year-old woman. However, the federal assault provision seems dangerously vague on the element of this crime.

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Probable Cause..Black, Latino and Young

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

Much has been written about New York City’s stop and frisk policies, but until now, the evidence of who the police were stopping and why was not a matter of public record.  A recent class action suit has opened the door to learning the true numbers involved as well as the accurate demographics of just who is getting stopped by the NYPD.  “New York police officers testifying before a federal court this week said that racist quotas imposed by ranking officers are behind the police department’s controversial stop-and-frisk program, confirming years of accusations made by civil rights and community advocates that the department’s tactics disproportionately target minorities.  Continue reading “Probable Cause..Black, Latino and Young”

16,000 and Counting: Chinese Continue To Pull Out Dead Pigs From River Used By Shanghai Residents

Flag_of_the_People's_Republic_of_ChinaWe previously discussed how the number of dead pigs in Chinese rivers leading to Shanghai has increased from a few hundred to just under 1000. The number is now 16,000 and counting. Yet, Chinese officials insist they have no idea who dumped over 16,000 pigs into the water but that the rivers, used for drinking water, is completely safe.
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Wisconsin Man Barred From “All The Libraries On The Face Of The Earth.”

library16n-1-webAustin Whaley may be barred from saying one word but he is luckier than Tyree Carter who is barred from all libraries anywhere in the world. In Racine, Wisconsin, Carter has been accused of engaging in lewd behavior in a library. He has been ordered to stay out of “all the libraries on the face of the earth.”

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Judge Sentences Teen To Avoid Saying “Bingo” For Six Months

SampleBingoCardFor the white-topped, Dauber-clutching Bingo set, Austin Whaley, 18, was a notorious outlaw and brigand. During a game of Bingo in Covington, Kentucky, Whaley was arrested for the prank of calling out Bingo . . . and he was not even playing. Yes, thrill crimes had come to Covington and this roaming gang of youths left a room in shock and disgust. Fortunately, Park Hills Police Sgt. Richard Webster was present and arrested the Bingo Bandit. Kenton District Judge Douglas Grothaus then handed down a sentence that left the boy speechless, well partially speechless.

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Muslim Mother In Hollywood Charged With Honor Burnings Of Daughter For Speaking With Boy Over Internet

sahar-thabitIn Hollywood, Sahar Thabit, 35, appears vying to replace Joan Crawford as the reigning “Mother Dearest” in Hollywood.  Thabit is a devout Muslim who is charged with burning her seventeen-year-old daughter for corresponding with a boy when she was already promised to a cousin for marriage. The honor burning was discovered by the girl’s school.

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Homeowner Shoots and Kills Teen Who Entered Wrong Home After Party

HOMEINVASION11363639571This weekend, Caleb Gordley, 16, was shot and killed in a home that he mistook for his own after sneaking out for a party. The homeowner confronted Gordley on the stairs inside the home and said that the teenager ignored a warning shot. The shooting occurred after the failure of a “Castle Doctrine” law in Virginia’s General Assembly — a law that we have discussed previously on this blog that gives homeowners protections in the use of lethal force with anyone illegally entering their domicile. Ironically, the bill was shot down by gun groups that felt that the common law offered more protection.

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Facebook Photo Of Child Holding Rifle Leads To Alleged Late Night Raid On New Jersey Home

jerseygun2-225x300Shawn Moore is a certified firearms instructor for the National Rifle Association and a New Jersey hunter education instructor. He was proud of his son for recently passing his hunter’s permit course and posted this picture of his boy in camouflage holding his .22 rifle. A Facebook “friend” saw the picture and reported him to the New Jersey police and Dept. of Children and Families for child endangerment. Moore says that his home was raided, searched, and he was threatened with the loss of custody in response to the complaint.

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California Legislature Considers “Sober Driving” Law

8.thumbnailCalifornia State Senator Lou Correa appears to view the low DUI thresholds for drivers as insufficient. Correa has introduced what many are calling a “sober driver” law where a citizen can be arrested for having any detectable level of drugs in their system, even if they are functionally sober. This includes cannabinoids which can stay in your system for weeks. The law seems to move beyond prosecuting people who are actually impaired in driving.

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