Category: Society

Bizarre, Society

Child Walks Home From School—Panic Ensues

By Darren Smith, Weekend Contributor

milk-carton-missingA Seattle news medium saw it fitting to send a news team out to investigate a report of a child leaving school early and walking home. No, it was not The Onion but KOMO News. It does show a sense of the zeitgeist and the culture of fear that is sadly inherent in many today.

A five year old boy wanted to walk home after having first been driving to school by his father. He then left school early and walked home to see his mother. He reportedly walked a mile to reach home.
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Criminal law, Environment, Society

Destiny’s Child: Police Search For Teenager Who Defaced Park Cliff To Snag A Date To The Prom

spraypaintI recently posted a blog column about the increasing appearance of graffiti in national and state parks — and the need to ramp up punishments to deter this defacing of our natural wonders and wilderness. The last story concerned Andre Saraiva, an internationally known graffiti artist, who “tagged” and bragged about his own defacing of nature. He spray painted a boulder at the Joshua Tree National Park. Now authorities are looking for a teen who spray painted a rock face in Idaho to impress a girl and get her to go with him to the school prom. It should not be too different to investigate this particular crime, but the question remains the punishment that should be meted out.

Continue reading “Destiny’s Child: Police Search For Teenager Who Defaced Park Cliff To Snag A Date To The Prom” →

Criminal law, Society

Delaware Police Officer Indicted In Assault On Suspect Captured on Videotape

Screen Shot 2015-05-07 at 7.15.30 PM There is an interesting case developing in the Dover Police Department where a video has been released that has resulted in the indictment of Officer Tom Webster for his actions during an arrest on August 24, 2013. The suspect appears to be obeying his commands. What is interesting is that a prior grand jury declined to indict Webster, but prosecutors then tried again with another grand jury and secured an indictment.

Continue reading “Delaware Police Officer Indicted In Assault On Suspect Captured on Videotape” →

Society

The Brady Bunch: Report Implicates Patriots and Brady

200px-NFLgameballThe report is in on “Deflategate” and it does not look good for either the Patriots or Tom Brady. As we discussed earlier, Coach Bill Belichick insisted at the earlier press conference that he not only had no idea how the balls were deflated in New England’s AFC title game against Indianapolis in January. He claimed utter ignorance about virtually anything to do with the subject of air pressure and footballs. He was followed by quarterback Tom Brady who, despite previously saying that he preferred underinflated balls, said that he could not tell that the balls were deflated (even when a Colts employee could immediately feel the difference and report it). It is the immaculate deflation. It just happened by some cosmic coincidence over(1) and over(2) and over(3) and over(4) and over(5) and over(6) and over(7) and over(8) and over(9) and over(10) and over(11) again. Ted Wells does not appear to buy it though absent a confession, he could not conclusively say that the team or Brady was guilty. Instead, he concludes in this 243 page report that “We believe it is unlikely that an equipment assistant and a locker room attendant would deflate game balls without Brady’s knowledge and approval.”

Continue reading “The Brady Bunch: Report Implicates Patriots and Brady” →

Constitutional Law, Criminal law, Politics, Society

Thin Blue Line: Three Arrested For Allegedly Creating False Police Organization With Ties To The Templar Knights

picpart2There is an interesting case developing in California where police have arrested three people, including Brandon Kiel, 31 (left), an aide to California Attorney General (and Senate candidate) Kamala Harris. Kiel and Tonette Hayes, 56, and David Henry, 46, were arrested for allegedly operating an illegitimate “police department” that traces its origins to the Knights Templar. They claimed to be running a 3000 year old police organization founded by the Templar Knights with jurisdiction in 33 states and Mexico.

Continue reading “Thin Blue Line: Three Arrested For Allegedly Creating False Police Organization With Ties To The Templar Knights” →

Constitutional Law, Criminal law, Society

“Because I feel like arresting you”: Minneapolis Police Officer Threatens To Break Leg Of Suspect In Videotaped Abusive Stop

Screen Shot 2015-05-06 at 7.49.57 PMA Minneapolis police officer has been relieved of duty while his department investigates a profanity-laced video in an encounter with a man at a car stop. During the abusive confrontation, the officer threatens to break the legs of a suspect if he attempts to escape.

Continue reading ““Because I feel like arresting you”: Minneapolis Police Officer Threatens To Break Leg Of Suspect In Videotaped Abusive Stop” →

Constitutional Law, Criminal law, Society, Torts

DEA Agents Who Arrested California Man On Minor Pot Charge and Then Left Him In Cell Without Light, Water, or Food For Days . . . Given Only Reprimands After Almost Killing Him

141px-DEA_badge_CThe Drug Enforcement Agency (DEA) is infamous for stacking charges on defendants and arresting individuals for seemingly minor possessions. However, when it comes to its own agents, there appears to be an endless level of leniency. In 2012, DEA carried out a raid on a home and arrested a group of young people who were smoking marijuana. One was Daniel Chong. Despite the minor violation, Chong was arrested and interrogated. He was told that he would be released but DEA agents simply forgot about him and left him in a cell for five days without food or water. At one point, as the 23-year-old cried and begged for help, someone with the DEA came in and turned off the light in his cell to leave him in the dark. He was given no food or water. Someone was charged, right? Someone was fired, right? No, the DEA has decided that a few reprimands and short suspensions is fine for starving and almost killing Chong.

Continue reading “DEA Agents Who Arrested California Man On Minor Pot Charge and Then Left Him In Cell Without Light, Water, or Food For Days . . . Given Only Reprimands After Almost Killing Him” →

Criminal law, Society, Torts

Oklahoma Woman Arrested For Allegedly Attacking the Corpse of a Former “Frenemy” and Pulling Out Her Hair, Messing Her Makeup, and Cutting Her Face

2There is a truly bizarre case out of Tulsa where Shaynna Smith (also known as Shaynna Sim), 27, is accused of going to her “frenemy’s” funeral and smudging her makeup and messing with hair. She is also accused of cutting the face of the deceased. However, the charge may surprise you.

Continue reading “Oklahoma Woman Arrested For Allegedly Attacking the Corpse of a Former “Frenemy” and Pulling Out Her Hair, Messing Her Makeup, and Cutting Her Face” →

Constitutional Law, Criminal law, Society

Police Department Refuses To Release Videotape of Police Officer Shooting Man Out Of Concern Over Public Reaction

Dashcam DeniedThere is an interesting development in the case of North Augusta (S.C.) officer Justin Craven in the alleged murder of 68-year-old Ernest Satterwhite. Despite public disclosure laws, the police are refusing to release the videotape because they describe it as shocking and disturbing. Some would argue that that is precisely why it should be available to the public.

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Bizarre, Criminal law, Society

New York Woman Arrested In Alleged Murder of Fiance During Kayak Trip

27CD411300000578-0-image-a-9_1430424593980There is a tragic case out of New York that has the makings of a controversial murder prosecution. The defendant in the case is Angelika Graswald, who is accused of killing her fiance, Vincent Viafore, on a kayaking trip on the Hudson river. The police believe that Graswald, who has posted regularly pictures of the couple and comments since Viafore’s disappearance, killed Viafore in a faked boating accident. Viafore’s body has never been found. In addition to the absence of a body, there is no direct evidence of murder revealed publicly. Police are citing inconsistencies in Graswald’s account as well as critical diary entries.
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Constitutional Law, Society

Turley To Speak At AANS Meeting In Washington

lossy-page1-220px-Logo_of_AANS.tifI have the great honor of serving as one of the keynote speakers at the 83rd Annual meeting of the American Association of Neurological Surgeons. I will be speaking today at 9:30 am at the Washington Convention Center. What is particularly cool is that my speech follows the keynote given by Peyton Manning to the group on May 3rd. As a football fanatic (albeit a Bears fan), it does not get better than this lineup. Of course, if Manning is truly excited about meeting a real law professor, I would be willing to take a few seconds to indulge him. I know that many NFL MVPs silently dream of being endomorphic, middle-aged law professors. I just hope that Manning will be able handle the excitement. As for me, I am just excited as a Bears fan . . . this is the closest anyone associated with Chicago has gotten to Manning in a long long time.

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Congress, Constitutional Law, Courts, Criminal law, Free Speech, International, Justice, Lawyering, Media, Politics, Science, Society

Is The Cell Phone Kill Switch in the Wrong Hands?

Electronic_Privacy_Information_Center_logo

Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Weekend Contributor

You may not have heard of it before, but the government has the ability to shut off cell phone service at any time, under the guise of National Security.  The Department of Homeland Security has an operating procedure known as Standard Operating Procedure 303( SOP 303) and it has been labeled as the cell phone “kill switch”.

I knew very little about the “kill switch” before today, but according to a recent Al Jezeera America article, the kill switch authority is being currently debated in Federal court. Continue reading “Is The Cell Phone Kill Switch in the Wrong Hands?” →

Society

Tayo Fabuluje and the Importance of Character In A Champion

fid12667Chicago-Bears-Logo2Like many, I watched the 2015 draft unfold with great interest. It was fascinating to watch the soaring success of a Marcus Mariota (including a reported effort of my Chicago Bears to unload Jay Cutler on the Tennessee Titans in exchange for their second slot — and Mariota). It was equally fascinating to watch the plunge of Randy Gregory from a top draft pick to number 60 after showing himself incapable to not doing drugs even when his entire NFL career and future depended on it. However, while the Winstons, Mariotas, and other elite players tend to get the limelight, I was rooting for a guy picked by the Bears in the final round. I was rooting for Tayo Fabuluje. There is no reason that you would know his name but I hope someday you will.

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Bizarre, Constitutional Law, Criminal law, Free Speech, Lawyering, Politics, Society

GoFundMe Site For Six Charged Baltimore Officers Taken Down After 41 Minutes

816fd620-f069-11e4-a4a8-49179b3b0ba2_Baltimore-copsLike many, I am still waiting for the evidence used as the basis to charge the six officers in Baltimore for the death of Freddie Gray. This morning, however, I was disturbed to read that an effort to create a fundraising site for the defense of the officers was taken down on GoFundMe. It appears that the site has a very questionable standard for funding that does not afford accused parties a presumption of innocence in asking for support to fund their defense.

Continue reading “GoFundMe Site For Six Charged Baltimore Officers Taken Down After 41 Minutes” →