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Escaped Virginia Prisoner Apprehended in DC

Virginia man, Wossen Assaye, who escaped federal authorities Tuesday morning.

Wossen Assaye who eluded federal authorities Tuesday.

A man identified as Wossen Assaye was apprehended yesterday morning in Washington, D.C. following an hours-long man-hunt after the man, being held on federal bank robbery charges, escaped from a Northern Virginia hospital.

Assaye was purportedly being held at INOVA Fairfax Hospital on a suicide watch while charges are pending in federal court for as many as 12 bank robberies.

While one of the guards watching Assaye was using the restroom, Assaye apparently was able to overpower another guard, stealing her gun and using her as a human shield as he made his exit. When the other guard returned he fired one shot at the fleeing Assaye before Assaye was able to scurry down a hallway, into the stairwell and out of the hospital. He was wearing nothing but a hospital gown.

Assaye’s escape marked the beginning of a lengthy manhunt, complete with dogs and helicopters. What happened next sounds like something straight out of the movies:

Assaye found a silver Toyota Camry in a nearby parking lot, broke into the trunk and waited. When the owner of the car arrived and started driving to work on her normal morning commute, Assaye forcibly broke into the backseat from the truck – all while the car was moving. The woman, understandably upset by this development, promptly crashed the car and fled. Assaye then took the wheel and sped off. The car was later found abandoned in an Annandale suburb.

U.S. Marshalls search for Assaye early Tuesday morning.

U.S. Marshalls search for Assaye.

Assaye was then spotted running through nearby woods and then stealing another vehicle, a Hyundai Elantra. This is where the trail goes cold, at least for another hour.

At approximately 11:30 am, an alert citizen spotted Assaye on a Metrobus in Southeast D.C. and called the authorities. Police arrived and spotted him walking nearby. He was arrested without incident. He was wearing blue jeans and a dark jacket. Police are unsure where or how he obtained the clothes – or what happened to his hospital gown. The stolen Hyundai was located elsewhere in the District.

Assaye has been charged with escaping federal officials and is likely to be charged for various other offenses related to the two carjackings. He appeared in federal court yesterday afternoon and is being held without bond.

Fairfax INOVA Hospital

Police activity outside INOVA Fairfax Hospital

It just goes to show – you never know what might happen during your morning commute in the DMV area…

Juvenile Arrested in Northern Virginia for Helping Islamic State

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Last Friday FBI agents raided a Woodbridge, Virginia home and took a 17-year old into custody for helping another man travel to Syria to join the Islamic State or ‘ISIS.’

The juvenile is reportedly a student at Osbourn Park High School outside of Manassas in Prince William County who has been described as quiet, polite and very intelligent.

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FBI investigators conducted surveillance on the boy’s house for over a month before taking him into custody.  Although details have not yet been released, it is believed that the teen used online contacts to facilitate the journey for another man from the United States to Syria to join the Islamic State.

Currently, the teen is being charged as a juvenile in the U.S. District Court for the Eastern District of Virginia.  However, federal prosecutors intend to certify the teen as an adult through a complicated legal process.

This marks the latest in a recent series of arrests in the United States related to providing support to the Islamic State.  In February three Brooklyn, NY men were arrested for conspiring to provide support to the Islamic State.  Two of the men were planning to fly to Syria to join the group while the third was charged with conspiring to support the trip financially.

In November 2014 another man was pulled off a flight in New York which was traveling to Turkey and arrested. He was indicted in federal court in February on charges of conspiring to provide material support to the Islamic State and lying to federal authorities.

Marijuana is Legal in D.C. – What That Means for You:

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This past Thursday, it officially became legal to possess marijuana in the District of Columbia.

On November 4th, 2014, Initiative 71 was approved by D.C. voters, adding D.C. to the ranks of those that have legalized marijuana possession including Colorado, Washington, Oregon and (as of February 25th) Alaska.

The initiative, which formally amended D.C. Code §48-904.01, went into effect at one minute past midnight on February 26th.

What many people don’t know is how the law works.  What can or can’t you do ‘weed-wise?’

First off, you must be 21 years or older to possess marijuana.  If you are underage, you can still be prosecuted for possession.

If you are an adult 21 years or older, here’s what you can do:

  1. You can possess up to 2 ounces of marijuana in the District of Columbia on non-federal property.

This is an important distinction because it is still illegal to possess any marijuana on federal property.  29% of D.C. is federal property.  Although some federal property is pretty obvious (i.e., the Capitol, the Washington Monument, the White House, etc.) some is not.  For instance, Dupont Circle, Logan Circle and Lincoln Park are all national parks and therefore federal property.

Map detailing federal property in D.C. where marijuana possession remains illegal

Map detailing federal property in D.C. where marijuana possession remains illegal

For more detail, the Washington Post has an amazing interactive map available here: https://www.washingtonpost.com/graphics/local/dc-marijuana-map/

  1. You can smoke marijuana in a private residence.

With possession of marijuana legalized, there is no prohibition to smoking weed in your home.  However, remember that it is still illegal to smoke it in public (more on that below).

  1. You can gift up to 1 ounce of marijuana to another person.

*as long as they don’t pay you for it.  Selling marijuana is still illegal (more on that below too).

  1. You can have up to 6 marijuana plants in a private residence; only 3 of which may be budding at any given time.

 

Budding cannabis plant

Budding cannabis plant

  1. You can sell or use drug paraphernalia for the use, growing, or processing of marijuana.

Just don’t sell the weed itself.

What you cannot do:

  1. You cannot smoke weed in public – anywhere.

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Although you can possess up to 2 ounces of marijuana in public, you better not light up – you can still be arrested for smoking pot in public.  That includes in restaurants or even sitting in your parked car on a public street.  Just wait until you get home.

  1. You cannot drive under the influence of marijuana.

Just as is the case with alcohol, you cannot drive under the influence of marijuana.  Under D.C. law, simply having THC in your system when you’re driving does not necessarily mean that you are ‘under the influence’ of marijuana.  But if you fail the various field sobriety tests, you may be arrested for driving while impaired.

       3.  You cannot sell weed – anywhere.

Selling is still illegal, whether done privately between two people or through some sort of Amsterdam-esque coffee shop.  As stated above, however, you can lawfully give up to 1 ounce to another person so long as they do not pay you for the marijuana.

  1. You cannot possess more than 2 ounces of weed.

This might seem obvious but you can only possess up to 2 ounces of marijuana in public.  Anything more is still illegal.

  1. You cannot possess any weed on federal property.

29% of the District is on federal property.  Before you decide to take your 2 ounces for a walk around the city, check your route.  Make sure you’re not walking through a traffic circle or a national park.

  1. You cannot possess weed in public housing.

You may not possess or smoke marijuana in your home if you live in public housing.  This is because most public housing is federally-subsidized meaning that the prohibition against possession of marijuana on federal property applies to public housing.

More changes to come

U.S. Rep. Jason Chaffetz (left) and Mayor Muriel Bowers (right)

U.S. Rep. Jason Chaffetz (left) and Mayor Muriel Bowser (right)

Despite the passing  of this law, Republican members of the House Oversight Government Operations Subcommittee led by Utah representative Jason Chaffetz appear staunchly opposed to the measure and have even threatened the possibility of prison for D.C. officials for implementing the law.  While they have not yet outlined what, if any, legal action they might take against the District and D.C. public officials, they have stated that the Mayor was “in knowing and willful violation of the law” by implementing the legalization legislation last Thursday.   D.C. Metro police, however, answer to city officials, not Representative Chaffetz, who have said that marijuana is legal in the District.

Additionally, even if the District does have its way, there may be more marijuana-related legislation to come.  Mayor Bowser has already suggested a need for legislation to block the formation of a “gray market” for pot, with features such as the organization of “cannabis clubs” whose membership fees could pay for access to the drug.

For more information about the new marijuana laws, here’s a link to the language of Initiative 71: https://dcmj.org/ballot-initiative/

Drone Lands on White House Lawn

White House Lockdown

Yesterday morning the White House went on lockdown after a small commercially-available ‘drone’ was spotted flying over White House grounds.  It  crash-landed on the lawn at about 3am.

The President and First Lady were in India but their daughters, Sasha and Malia, were at home.

After a brief lockdown and search of the White House grounds, Secret Service determined there was no threat posed by the small drone.

Drone found at White House

This and other recent drone-related events raises interesting new questions as the law attempts to keep up with technology.

Unmanned aerial vehicles (UAVs) or ‘drones’ as we now know them, are largely thought of in the context of high-flying missile-loaded assassins hovering high in the sky over areas of Afghanistan and Pakistan.  However smaller and (much less dangerous) drones, often equipped with cameras, are now commercially-available leading to a slew of both ridiculous and amazing Youtube videos.

But legally, who is allowed to fly these drones and where?  A Youtube video showing footage recovered from a drone which crashed onto a Manhattan sidewalk begs this question.  In the video, we can see the drone taking off from an upper-story Manhattan balcony and soaring through some of New York’s most iconic buildings, sometimes crashing into them and, in the end, falling to the busy street below.  One pedestrian told local newscameras that it nearly hit him.

So who is allowed to fly these things?  Do they need any sort of training or operator’s license?  Where are they allowed to be flown – solely over unpopulated fields or over densely populated city centers?  Are there any height restrictions?

Washington, D.C.

As for the failed journey to the White House this morning – that was clearly unlawful.  The FAA has an established three-mile area around the White House which is considered a permanent no-fly zone.  It’s called the P56 zone.  All pilots are warned to steer clear and are given emergency alerts if they come close to crossing the line.   Clearly no such alert can be transmitted to an unmanned drone and its questionable whether the FAA can even detect when they approach the P56 zone.

Furthermore, following September 11, 2001 the FAA banned all private/amateur aviation within 10 miles of Reagan National Airport – meaning that drones are completely illegal if flown within the District of Columbia.

DC no fly

New York City and other areas

But what about our drone-flying friends in New York City who just wanted a unique view of the skyline?  To start, FAA regulations state that drones may not fly higher than 400 feet – that’s about 40 stories.  To put this in perspective, the Washington Monument is 555 feet tall, the National Cathedral is 301 feet tall and the Empire State Building is 1,250 feet tall.

Furthermore, the FAA classifies certain areas where drones and other small aircraft may not be flown at all, including within several miles of an airport and the entirety of New York City which is deemed a ‘Class B airspace’ due to its proximity to major airports.  Remember the man who flew his drone around Manhattan until it crashed to the sidewalk below?  The FAA fined him $2,000 for that flight.

Additionally the FAA advises that the operator must maintain direct sight of the drone at all times.

Lastly, anyone operating any sort of remote controlled ‘drone’ should be aware that the drone is still subject to state and local trespass and anti-peeping laws.

The rise in popularity of commercially-available drones is garnering attention from lawmakers all over the country.  In the next few years we are sure to see a wave of new legislation relating to their use.

You Just Got Arrested . . . Now What? (Pt. 2)

So now you’re either sitting in jail or out on your own recognizance or some sort of bond. What do you do next? Get a lawyer.  Immediately. cdfullgrouprev You should obtain a skilled attorney as soon as possible.  You should do some research to make sure that this person is qualified to represent you and has some experience in criminal defense  (obviously I hope you will choose my firm but there are many good criminal defense attorneys out there).  Every attorney is different and brings with them a different set of skills and experience.  For instance, I wouldn’t consider myself qualified to handle a complicated divorce or real estate transaction but I would feel confident handling a personal injury case because I have experience in that area. Feel free to contact a number of different attorneys to compare rates. However, be wary of anyone who promises you a specific result. Do not delay. Depending on your case, there are a number of major and minor clocks that have already begun ticking – most of which you won’t know about.  For instance, in D.C. the Metropolitan Police Department has a policy of maintaining surveillance tapes from within the station for 30 days.  After 30 days they are automatically deleted and taped over (this is all digital of course).  If your attorney doesn’t request a copy of the surveillance footage within those 30 days, they will become unavailable.  This may be important in DUI cases, cases in which the police didn’t properly obtain a voluntary waiver of your rights, etc. A little bit about fees . . . money-or-justice 1.  Flat Fees Many criminal defense attorneys use flat fees.  That is, you will call them and tell them what you were charged with. They will ask you a bit more about the case and then give you a quote.  There is no magic formula for arriving at this number.  Generally attorneys have an idea of how much their hourly rate is in order to turn a profit.  They can also estimate how much time they will need to spend on your case.  Add in the the likelihood that the case will result in a plea agreement or go to trial and they arrive at a quote. Some attorneys have larger caseloads and will only handle your case for a large fee.  Others may be more flexible in working with your financial situation. Most attorneys will require that you pay all or the majority of the fee up front.  This is standard practice.  Once we’ve been retained, we have an ethical obligation to represent your interests to the fullest extent reasonable.  That means we aren’t agreeing to do X hours of work for a certain fee.  It means we are agreeing to do as many hours of work necessary to represent you fully for a certain fee.  This is why we ask for the money up front – if we don’t, we risk spending hours upon hours on your case with the possibility of not being paid in the end. 2.  Hourly Fees Some criminal defense attorneys charge by the hour.  They will be able to tell you their hourly rate and may be able to give you an estimate of how many hours they anticipate needing to work on your case.  However, this estimation is not a quote nor a promise.  If something unexpected occurs and your case becomes more complicated, more time-consuming, you will still have to pay the hourly rate.  Many people cannot afford to pay an attorney $300+ per hour for a case that may conceivably go to trial (a murder trial, for instance, can last days if not weeks).  Criminal defense attorneys that charge by the hour often represent corporations or wealthy individuals charged with ‘white-collar’ crimes. 3.  Contingency Fees Contingency fees are fees that are only earned if the attorney obtains a specific result.  For instance, most personal injury attorneys charge on a contingent basis.  If you win, they take 33-40%.  If you lose, you pay them nothing. Contingency fees are not used by criminal defense attorneys and are actually considered unethical in Virginia, D.C. and Maryland.


Once you’ve come to an agreement with an attorney, you can (and should) confide in them fully.  Every communication between you and your attorney is confidential.  Absent extreme situations, your attorney may not divulge anything you’ve told them unless you expressly permit them to do so.  Even ‘bad facts’ – your attorney cannot protect you from what they don’t know about.  The worst thing is when a client and the prosecutor both know something the defense attorney doesn’t know.  Many a case is lost because the client failed to tell his/her attorney an important fact. If you’re in jail: As soon as possible you should contact a trusted family member or friend and have them obtain an attorney on your behalf.  They will likely have to spot you the fee/initial deposit.  The attorney will then make arrangements to come visit you as soon as possible to discuss the case and the legal strategy.  Your attorney may also be able to petition the court to release you on bond. If you are in jail it is extremely important that you not discuss your case or the charges against you with ANYONE BUT YOUR LAWYER. 111115_EX_prisonLifeFW.jpg.CROP.rectangle3-large Prosecutors love ‘jail-house snitches.’  Recently I sat in a D.C. courtroom and watched as a prisoner testified against his former cellmate in a murder case.  That prisoner had been offered a reduced sentence in exchange for his ‘honest’ testimony.  Luckily, for the defendant, he had excellent representation and the jury didn’t buy the prisoner’s testimony. 4f872c473b891.image


So now you have a lawyer.  Congratulations! You no longer need to worry about your case.  That is your attorney’s job.  Your attorney will spend hours upon hours poring over the details of your case, doing legal research, investigating and interviewing witnesses, negotiating with the government and filing and arguing motions on your behalf.  Your attorney will be thinking about your case when he/she goes to bed at night and first thing when they wake up in the morning.  This is our duty and obligation to you.  We cannot promise you that the case will be dismissed or that you won’t serve any time, but you can rest assured that you are now being represented to the fullest effect of the law and that your attorney is fighting constantly to achieve the best result possible in your case. Peck_400x316

You Just Got Arrested . . . Now What? (Pt. 1)

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Well that depends. It depends on whether you know the mayor, the sheriff, someone on the city council or even if you know someone willing to drop a few hundred bucks to bail you out of jail.
But seriously, let’s say you are arrested for some non-violent, not-terribly serious offense (although obviously it was serious enough to get you arrested). What happens next?

As soon as reasonably possible, you will be sent before a judge or magistrate (like a judge with a robe and a seat on the bench but only designated to do certain types of hearings). Usually you won’t have a lawyer present on your behalf at this point.

Someone from law enforcement (likely a detective investigating your case) will be there along with the prosecutor. They will explain to the court what they believe you did and recommend you either be released or detained. The court will then make a determination based on the severity and nature of the alleged crime whether you should be allowed to go home.

Here’s what the court is looking for:

1. Whether you were on release for some other pending charge when the offense occurred;

2. The nature and circumstances of the offense charged;

3. The history and characteristics of the accused, including character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history of drug or alcohol abuse, criminal history, gang membership, and record concerning appearance at court proceedings; and

4. The nature and seriousness of the danger to any person or the community that would be posed by the person’s release.

In addition, you may be subjected to drug and/or alcohol testing through the court’s ‘pre-trial services’ office. This is more likely if the arrest involved drugs or alcohol. The results may help determine what conditions you are subject to if you are released (i.e., periodic drug and alcohol testing).

So what can happen?

Depending on what the court finds based on the above considerations there are essentially three general options (but a lot of potential combinations):

A.  Unsecured bond/’Release on own recognizance

If you’re lucky, you’ll be released on an unsecured bond which means that you can go home and the court will take your word that you’ll appear for your next court date. If you fail to appear, you will owe the court a certain sum of money. If you appear, you don’t pay anything.

B. Secured Bond

If you’re less lucky, the court will release you on a secured bond which means that someone else has agreed to pay the court if you fail to appear at your next court date or the court has put a lien on some property of yours.

C. Bail

If you’re even less lucky, the court will set bail which must be paid up front in cash in order for you to be released.
‘How much will my bail be?’ you might ask. Well unfortunately that also depends. The 8th Amendment to the U.S. Constitution states that “excessive bail” shall not be required. Pretty ambiguous. The U.S. Supreme Court has only interpreted “excessive bail” as an amount higher than that reasonably designed to ensure the presence of the accused at trial. Again, pretty ambiguous.

bail-bonds

If the court sets bail, you can either pay the bail in cash, have someone else pay it or hire a bail bondsman who will post 10% of the bail (a ‘bail bond premium’) and get you out.  The bondsman is then on the hook for the rest of the bail if you fail to show up for your next court appearance.  Unfortunately this means that whoever hired the bail bondsman for you is responsible for paying the bondsman that entire amount if you fail to show.  Additionally a warrant for your arrest will be issued.  In short, don’t be tempted to skip on your bail – it won’t end well.

D. Pre-Trial Detention

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If you’re truly unlucky, the court will order you to remain in detention until your next court hearing. Despite movies and TV shows, this doesn’t happen in most cases unless the crime is of a violent nature, you violated the terms of your release for some other offense, or you were under the influence of some form of dangerous drug (i.e., PCP). In general, there are certain crimes for which the court will presume you should be detained absent some extenuating evidence to the contrary:

1. An act of violence;

2. An offense for which the maximum sentence is life imprisonment or death;

3. A specified drug offense involving a Schedule I or II controlled substance, if (i) the maximum term of        imprisonment is 10 years or more and the accused was previously convicted of a like offense, or (ii) the accused was previously convicted as a “drug kingpin” (yes – this is a thing);

4. Violations of certain statutes relating to firearms and providing mandatory minimum sentences;

5. Any felony, if the accused has been convicted of two or more offenses;

6. Any felony committed while the person is on release pending trial for a prior felony under federal or state law or on release pending imposition or execution of sentence or appeal of sentence or conviction;

7. A sexual assault offense if the accused has previously been convicted of one of those offenses and the judicial officer finds probable cause to believe that the accused committed the currently charged offense;

8. A child pornography offense;

9. Gang-related or terrorist acts;

10. Certain driving while intoxicated offenses if the accused has been convicted of similar offenses three times in the past five years;

11. A second or subsequent violation of a protective order; or

12. Assault and battery against a family or household member; or

13. Threatening violence to intimidate a witness.

Basically the system takes the view that these are pretty nasty offenses and that releasing you to the public would pose a substantial risk to yourself or others.

OK, so now you’re either heading home with a lot of thoughts running through your head about getting a lawyer and telling your significant other about your recent misadventure with the legal system OR you’re sitting in a jail cell with even more thoughts running through your head. What next?

GET A LAWYER. If you’re being held in detention, it is important to remember not to talk to ANYBODY about your case other than your lawyer.

TO BE CONTINUED . . .

Former D.C. Public Defender Wins MacArthur Genius Grant

Jonathan Rapping Wins MacArthur Genius Grant

One of D.C.’s very own, Jonathan Rapping, a former D.C. public defender and graduate of the George Washington University Law School, has been awarded a MacArthur Genius grant. The grant, which is awarded annually to only 20 or so individuals, recognizes innovation and creativity in numerous fields.

Mr. Rapping established Gideon’s Promise (formerly the Southern Public Defender Training Center) to provide advanced training to legal professionals representing the poor. Gideon’s Promise has “grown from a single training program for 16 attorneys in two offices in Georgia and Louisiana, to a multitiered enterprise with over 300 participants in more than 35 offices across 15 mostly Southern states.”

Rapping’s wife and co-founder of Gideon’s Promise, Ilham Askia, is also a former Washingtonian having taught for D.C. public schools.

When an Officer Asks if They Can Perform a Search Without a Warrant …

…the answer should always be ‘no.’

Many of us have been there. When a police officer asks (or more accurately, declares) to search your car, home, locker, etc., we presume they have the power to do so anyways. We presume that we will be better off cooperating rather than telling the officer ‘no.’ We presume that we will make matters much worse if we say ‘no.’ This could not be further from the truth.

The truth is that if a law enforcement officer has a search warrant, they won’t ask you if they can search – they’ll simply tell you they have a search warrant and go about their business going through yours.

If they believe they have the authority to do a search without a warrant, they won’t ask you either. They’ll simply do it.

However, when they ask you if they can conduct a search, it’s because they can only do so with your consent. No good can come of this. Even if you have nothing to hide, you won’t win any medals by saying ‘yes.’ You’ll simply create a risk that something you were unaware of will be found and you’ll be held responsible. There is no reason to risk even such a remote possibility.

The Fourth Amendment to the United States Constitution grants you the right to be free from unreasonable searches and seizures. Specifically, it states:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

This essentially means that you have a right not be stopped or searched without a warrant. However, there are important exceptions to this right which allow the government (state or federal) to stop and search you (or your car or house, etc.) without a warrant. They are:

1. Consent – if you consent to a search, regardless of the circumstances, it is lawful. This is why it is so important to say ‘no’ when asked if an officer can conduct a search. Your consent makes an otherwise unlawful search lawful.
2. Search Incident to Arrest – if you are arrested, the police may search your body and clothing and anything within reach at the time you were placed under arrest. Therefore, if you were in your car when placed under arrest – they may search anything within reach in your car. However, if you were placed under arrest outside of your car, then they need a warrant or another exception to search your car.
3. Automobiles – when the police have probable cause to believe that an automobile contains the fruits, instrumentalities or evidence of crime, they may search the vehicle without a warrant. The idea here is that it may take too long to obtain a warrant before the vehicle departs with the evidence.
4. Plain View – if something illegal is within plain view of the officer, they may confiscate it and conduct a search. For instance, if a bag of marijuana is sitting on the passenger seat of a vehicle and is visible and identifiable to an officer performing a traffic stop, the officer may confiscate the bag and perform a search of the car.
5. Booking – police may search the personal effects of a person under lawful arrest as part of the routine administrative procedure at a police stationhouse incident to booking and jailing the suspect.
6. Inventory – very similar to the booking exception except it usually applies to an impounded car. If a vehicle is impounded, it may be searched for safety purposes.
7. Exigency – officers may make a warrantless entry onto private property to fight a fire and investigate its cause, to prevent the imminent destruction of evidence, or to engage in hot pursuit of a fleeing suspect. One such exigency is the need to assist persons who are seriously injured or threatened with such injury.
8. Border Search – officers may conduct a full search of anyone entering the United States from another country or international waters for purposes of national security. This exception has even been employed in cases of oil rig workers returning to shore from the Gulf of Mexico and, in one case, someone flying over international waters from one United States city to another (think Tampa to Houston).

Whether any of these exceptions applies should not matter to you when you’re stopped. That’s the government’s problem. Insist on a warrant. If no warrant is produced, never consent to a search.

Importantly, however, never physically prohibit any law enforcement officer from conducting a search. It may turn out that one of the exceptions applies and if you try to stop them physically, you may be charged with obstruction of justice. If none of the exceptions apply, then the search was unlawful and any evidence seized as a result may be suppressed later on.

In short – if a law enforcement officer asks if they can conduct a search, always say ‘no.’

Officers Cleared in Death of Navy Yard Shooter

I don’t think this one comes as a big surprise.  It’s good to see officers cleared after a clearly justified shooting especially in the wake of what’s been going on in Ferguson.

 

https://www.washingtonpost.com/local/crime/federal-dc-officers-cleared-in-shooting-mass-killer-aaron-alexis-at-navy-yard/2014/08/27/bd93bc1a-1e42-11e4-ae54-0cfe1f974f8a_story.html

The Warning Formerly Known as Miranda

Apparently even your silence can be used against you:

https://blog.simplejustice.us/2014/08/25/the-warning-formerly-known-as-miranda.

This post by attorney Scott H. Greenfield is very alarming. Apparently the California Supreme Court has determined that, simply by exercising your own right to remain silent, the prosecutor can use that against you by highlighting what you didn’t say to show your guilt.