A Terry-type search of an Atloids tin, a bundle wrapped in duct tape and a brass pipe did not violate a suspect’s Fourth Amendment rights because the officer who conducted the search “testified that he thought each of these items could be, or could conceal, a weapon,” the Ninth Circuit held today in U.S. v. Hartz, […]
READ MOREThe Penn State Federal Grand Jury Subpoena
For whatever reason there was a glitch in my post yesterday and I’ve received a number of comments that folks have not been able to access the federal grand jury subpoena issued to Penn State University about the sordid Sandusky investigation. So, here’s the direct link on the Penn State Not only is the content […]
READ MOREThe New York Times Weighs in on Open File Discovery and Brady
Not sure what prompted it, but the New York Times yesterday had an Opinion piece calling for the Department of Justice to “set a national example” by engaging in open file discovery. Noting that the Senator Stevens case prompted a Department wide review of policies related to the disclosure of Brady evidence (evidence favorable to […]
READ MOREHearse and Body Stolen in Atlanta; Police Arrest Suspect
Man Steals Hearse for a Joy Ride, Finds Out Later a Corpse Came Along It’s a bad weekend when a family member dies. It only gets worse when the funeral home calls you later to say their hearse was stolen — and your loved one’s body was inside. Maybe the only one having a worse […]
READ MORENew York City Settles Suit Over Abuses at Rikers Island
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 […]
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