New York City has agreed to a settlement in the long-running legal battle over abuses at Rikers Island, the country’s second-largest jail system, federal and city officials said on Monday. The administration of Mayor Bill de Blasio committed to a host of far-reaching reforms in the deal, including the appointment of a federal monitor, an […]
READ MOREAssessing the Effect of Crack Sentencing Retroactivity
What difference has it made that the federal sentencing guideline on crack cocaine was retroactively reformed? Depends who you ask. At the Heritage Foundation, Charles Stimson has a piece up right now essentially arguing that it’s important to keep statistics about the effect of the sentencing change. Stimson also writes It is inevitable, though, that […]
READ MOREOrin Kerr: Brendlin “Deliciously Certworthy”
Over at the Volokh Conspiracy, Orin Kerr has some harsh wordsfor the California Supreme Court’s reasoning in People v. Brendlin, the June 2006 decision in which it said that the passenger of a car stopped by police is not “seized” for Fourth Amendment purposes. Kerr calls Brendlin “one of the nuttiest Fourth Amendment decisions I […]
READ MORESavannah Attorney Arrested on Counterfeiting Charges
Savannah attorney, Arthur Gibson, 63, was arrested last week on counterfeiting charges after an investigation that lasted several months. During the course of the investigation, as detailed in this complaint and affidavit, Gibson purchased $10,000 of counterfeit currency for $2,000. As detailed in the affidavit, Gibson came to the attention of the U.S. Secret Service following his […]
READ MOREWhitey Bulger’s Girlfriend to Plead Guilty
Whitey Bulger’s longtime girlfriend, Catherine Greig, is set to enter a guilty plea today in federal court in Boston to multiple counts relating to her 16 years on the run with the notorious Boston gangster. The Bulger case has fascinated us for almost 2 decades after his flight to avoid prosecution just before his indictment in […]
READ MOREThe Private Drug War and the Tattered Fourth Amendment
Pete at Drug WarRant had an troubling post this weekend about a couple ways that private companies have beenstepping in to the police’s shoes in carrying out drug policing. Pete wrote about a private, “voluntary” drug and alcohol screening stations for motorists (see examples here and here), and also about the use of Blackwater to […]
READ MORECA Supremes Grant Review in Warrant Affidavit Case People v. Galland
The California Supreme Court on Wednesday (4/18/07) granted review in People v. Galland, the Fourth District Court of Appeal case whose language was so sharp that it drew coverage from the LA Times. Galland deals with a pet obsession of mine: sealed search warrant affidavits. In general, under California law, the prosecution can seal part […]
READ MOREDeath Penalty Faces Biggest Test in Decades
Death penalty in the US is currently facing one of its biggest tests in decades. While capital punishment is legal in 36 nations including China, Japan and the US and it is legal in the 32 American states, three death row inmates in Oklahoma are now challenging new experimental drugs that are used in lethal […]
READ MORECA 4th District on Warantless Search of Probationer
A police officer can not use a probationer’s search condition to retroactively justify a warrantless detention that begins before the officer learns of the condition, the CA Fourth District Court of Appeal held 1/4/07 in People v. Miller, G033762. The officer in Miller stopped a car purely because of the car was in a dark […]
READ MORECA 1st on Detention By Spotlight, Officer Tone
A police officer who stopped his car about 35 feet away from a man, shined his spotlight directly at the man, and then began to walk briskly toward him while questioning him about his legal status, did in fact “detain” the man by taking these actions, implicating the Fourth Amendment’s protection against unreasonable searches and […]
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