Category: Criminal law

Tenth Circuit Strips Qualified Immunity After Sheriff’s Office Raids Home Of Tea Growers

By Darren Smith, Weekend Contributor

There are some cases where probable cause is questioned and there are a few others that leave me shaking my head in disbelief of how ridiculous some officers can be.

The Tenth Circuit Court of Appeals recently handed down a stinging rebuke of the Johnson County Sheriff’s Office and its deputies some of whom, Plaintiffs claim, lied about a field test of a suspected Marijuana product, finding evidence of marijuana grow derived from purchasing tools at a gardening retailer somehow established probable cause sufficient to send in a SWAT team to execute a search warrant and detain a couple for several hours.

The leafy green vegetable matter in question was not marijuana but tea leaves.

It is a classic example of department officials promising to make a publicity garnering drug sweep and when arrests are not made, someone must be sent to jail at all costs. And as can often be the case with such maligned efforts the end result was a civil rights lawsuit in federal court.

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DisruptJ20: The Justice Department Demands 1.3 Million IP Addresses and Other Information On Trump Critics

YC_kStF9US-DeptOfJustice-Seal_svgBelow is my column in USA Today on a troubling warrant issued by the Justice Department to force the disclosure of visitors to an anti-Trump site.  The DisruptJ20 case raises very serious questions regarding political speech and associational rights.

Here is the column:

 

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Pronoun Prison? California Moves Toward Criminalizing The Refusal To Use The Correct Pronoun For Transgender People

California flagThe California State Senate is considering a bill that would make it a crime to  “willfully and repeatedly” refuse “to use a transgender resident’s preferred name or pronouns” in a public health, retirement or housing institution.  State Sen. Scott Wiener (D-San Francisco) has introduced  SB 219  with a variety of transgender protections but the pronoun controversy is likely to get the most attention.  Violators face a year in jail and a potential $1000 fine.  The criminalization of pronoun misuse however could raise serious free speech and other constitutional concerns.

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High School Teen Charged With Manslaughter After Strangling His Mother’s Abusive Ex-Boyfriend To Death

choke16n-1-webThere is a tragedy unfolding in the Bronx where Luis Moux, 18, a football high school player is facing manslaughter charges.  He allegedly choked his mother’s ex-boyfriend to death Monday after discovering his mother’s abusive ex-boyfriend beating her. It is the prototypical heat of passion case and the prosecutor elected to charge for manslaughter rather than a high class of homicide. However, there remains the question of whether he should be convicted for killing the man and whether this might be a case of jury nullification where jurors simply refuse to convict on these facts.

 

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Four Arrested In Destruction Of Confederate Statue In North Carolina

Cfakepathmugshots212_20170816_180608There are now four protesters arrested for the destruction of a roughly century-old statue of a Confederate soldier in North Carolina.  The bold act of property destruction was carried out in front of news cameras in broad daylight.  As a history nut, it is painful to see old works of art destroyed in this fashion. The arrested include Takiyah Thompson, 22, Dante Strobino, 35, Ngoc Loan Tran, 24, and Peter Gilbert, 39.

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Charlottesville Protest Leads To Call For Expansion of Hate Crime and Terrorism Laws

james-alex-fields-jr-f77d1f9e078c37aeBelow is my column in The Hill on the calls for hate crime and terrorism charges against James Fields and possibly others.  The response is understandable, but the expansion of these laws raise serious free speech concerns that should be considered before prosecutors move beyond the current murder charge.

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Pelosi Calls For Permit To Be Revoked For Rally Of Pro-Trump Prayer Group In San Francisco

220px-nancy_pelosiHouse Democratic Leader Nancy Pelosi has always displayed a rather fluid view of constitutional rights (though in fairness, that is not a major distinction from other politicians).  However, this week Pelosi appeared to embrace content based discrimination in the area of free speech.  Pelosi is demanding that the National Park Service reconsider a permit for what she called a “white supremacist rally” in San Francisco.  In light of the violence in Charlottesville, Pelosi insists that “The NPS should reevaluate its decision and its capacity to protect the public during such a toxic rally.” The problem is leaving it to the government to declare what groups are toxic from Pelosi’s list of constructive banned viewpoints.  I felt ill watching the torch march of neo-Nazis in Charlottesville as white supremacists yelled disgusting anti-Semitic and racist chants.  It reminded me of the Nazi rallies before World War II — before my father and so many others went off to fight fascism.  However, despite that revulsion, I remain committed to the right of everyone to speak and protest regardless of the content of their views.

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Trump Administration Demands Information On Over A Million Visitors To Anti-Trump Website

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Alabama Police Work One Month To Bust A Guy Named Yahweh With One Pound Of Pot

yahweh-820x430In Morgan City, Alabama, Jonathan Wright heard from a celestial being that should should change his name to Yahweh.  What was skipped in the conversation was a discussion about not doing drugs, or at least not out of your house yards away from a public school. Having said that, Yahweh was not exactly the deity of drug dealers.  Police found roughly one pound of marijuana after working for a whole month on the case.

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Intimidation By Salutation: Trump Accused Of New Form Of Obstruction For Sending His Appreciation and Greeting To Mueller

440px-Director_Robert_S._Mueller-_III-1donald_trump_president-elect_portrait_croppedBelow is my column in the Hill newspaper on the most recent suggested crime committed by President Donald Trump or his family.  This allegation focuses on a greeting sent through President Trump’s attorney, John Dowd, to Special Counsel Robert Mueller.  It appears that Trump is obstructing if he voices criticism or appreciation of Mueller.    Dowd was in the news again yesterday in taking it upon himself to object to pre-dawn raid on the home of Paul Manafort.

Here is the column:

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Bloomberg: Manafort Alerted Authorities About Russian Meeting

New_Bloomberg_Logo.svgBuried in a new article out of Bloomberg is an understated but potentially significant statement: “In fact, Manafort had alerted authorities to a controversial meeting on June 9, 2016, involving Trump’s son Donald Jr., other campaign representatives and a Russian lawyer promising damaging information on Hillary Clinton, according to people familiar with the matter.”  That would be a huge development in this controversy if true, particularly if the notice occurred before the Russian meeting occurred.

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Trump Attorney Blasts Mueller Over Manafort Raid

582px-US-FBI-ShadedSeal.svgWhite_House_North_Side_Comparison2After just recently sending the President’s “appreciation and greetings” and triggering new allegations of criminal acts, one of President Donald Trump’s lawyers, John Dowd, is now denouncing Mueller for the pre-dawn raid on the Alexandria home of former campaign manager Paul Manafort.  I have commented that the raid seemed intentionally heavy handed and meant to convey a message to Manafort. However, I fail to see why the President’s counsel (rather than Manafort’s counsel) should be making such objections. It, once again, removes any perceived separation between President Trump and obvious targets like Manafort.

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Malaysian Minister Calls For Atheists To Be “Hunted Down”

400px-1922_hunting_license85px-Coat_of_arms_of_Malaysia.svgMalaysian Minister Shahidan Kassim has made international news by proclaiming that atheists should be “hunted down” and that constitutional rights do not apply to them. He is not alone in the heavily Islamic nation in this hateful view and many support such a crackdown.

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The Demonic Dab: Saudi Arabia Arrests Artist For Dabbing In Public

screen-shot-2017-08-09-at-4-03-58-pm-700xSaudi Arabia is once again in the news with another example of the extremist religious dogma that characterizes its Wahhabi traditions.  The latest lunacy came with the arrest of TV host, actor, and aspiring artist, Abdallah Al Shaharani, who committed an unIslamic and shocking act.  He dabbed. That’s right.  He did a dab during a musical contest. WARNING: THE VIDEOTAPE BELOW SHOW A DISTURBING DAB.

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