Documenting the arrest itself also provides an opportunity to capture instances of potential misconduct by the police. It may be that possibility that prompted one state to outlaw the recording of police officers doing their job in public. But a federal court has now prohibited prosecutors from prosecuting individuals for recording police officers actions.
]]> This state law in Illinois was based on their eavesdropping statute which requires that both parties to conversation consent to the recording. Interestingly because this is based on the prohibition of recording conversations without consent, the law would have not prohibited individuals from taking a video of police making arrests. But if the person taking the video also had the audio turned on to record what the officer was actually saying they would be in violation of the law.This law would, of course, not have applied in Las Vegas even if its enforcement had not been enjoined, or blocked, by a federal court. But it does highlight the vital importance surrounding the circumstances of the arrest. During a plea negotiation or criminal trial, the prosecution will likely only want to focus on what they claim to have found during a search or what happened after arrest, but the more important question may be whether the arrest or search was proper in the first place.
Source: Chicago Tribune, "Court orders ban on enforcement of Illinois eavesdropping law," May 9, 2012
]]>Individuals who find themselves addicted to prescription painkillers may not fit the stereotypical portrait of an illegal drug user. But often the compulsion to get more will lead these individuals to go to extreme measures to obtain these drugs. Recently a former police officer was sentenced in connection with the robbery of a Las Vegas pharmacy.
]]> The 30-year-old former law enforcement officer was sentenced on three separate counts of robbery with a total potential sentence of between 18 and 45 years. An additional sentence of four to eight years was added because of the alleged use of a weapon during the robberies.The 30-year-old male officer had allegedly not acted alone. Another former police officer, a female with whom he is suspected to have been romantically involved, was a codefendant in this matter. She was sentenced to probation in relation to charges that she acted as a lookout. Both officers reportedly left the force in 2007.
It should be surprising that two former police officers were apparently involved in this type of activity, but for better or worse it is not. Addition to illegal drugs and the risk of involvement in related criminal activities can touch individuals in every strata of society. Ideally public policy would favor treatment and rehabilitation of these individuals rather than long periods of incarceration.
Source: The Salt Lake Tribune, "Ex-Utah officer sentenced in Nevada drug store robbery," Stephen Hunt, May 14, 2012
]]>We entrust an enormous amount of power to the criminal justice system, it can deprive us of our liberty and life. That is why the constitutional protections against police and prosecutorial misconduct are so important. Police and prosecutors are only human and can make mistakes or try to supplant their own judgment for that of the court.
]]> Constitutional protections must be vigorously protected in a system which often seems to be stacked against someone who has been accused of a crime. Witnesses against a suspect may be motivated by influences other than telling the truth, they may themselves be attempting to cooperate to reduce their own sentence.Even in situations in which a witness is not being purposefully dishonest, witness identification of suspects is notoriously error prone. This is even more prevalent when the witness and the suspect are not of the same ethnic or racial background.
Source: MPR News, "Is the criminal justice system as good as you think it is?" John Radsan, May 10, 2012
]]>A conviction for DUI will almost certainly result in a significant increase in your insurance premiums or even a cancellation of your policy. Some people convicted of drink driving face social stigma. A conviction can even impact your professional prospects or academic prospects, in one recent case a University of Nevada football player was kicked off the team after a DUI arrest. Fortunately, you can fight against DUI charges and avoid or mitigate these negative consequences.
]]> In the matter of the Nevada football player, he was poised to have a great season viewed as one of the top backup cornerbacks on the team. After transferring to Nevada he had played in six games last season. But he was recently arrested for driving under the influence and careless driving. Later the same day, the coach announced that he had been cut from the team.The potential academic or professional consequences you may face will depend on your own situation. While in some cases, the arrest itself may carry external consequences, it is often the case that the potential negative consequences can be avoided or diminished if the prosecution is unable to secure a conviction.
Source: NBC Sports, "Drunk-driving arrest leads to Nevada corner's dismissal," John Taylor, May 1, 2012
]]>Last weekend, an Ultimate Fighting Championship fighter was arrested for driving under the influence. The fighter, Ross Pearson, had previously been the winner on the reality television series "The Ultimate Fighter 9." He was in town to assist with coaching duties for "The Ultimate Fighter Live."
]]> According to Las Vegas law enforcement authorities, the incident began when officers say that they saw a vehicle driving erratically. Specifically, they claimed that the pulled him over because they observed him failing to stay in his traffic lane. Pearson was given a field sobriety test, after which he was arrested. He was released later the same day that he was arrested.As you likely know, individuals accused of drunk driving in Las Vegas face the risk of serious criminal penalties. These can include suspension of your driver's license, large fines, and even jail time. Fortunately, you can fight these charges. Inconsistencies in the police officer's account of the incident or a failure to follow proper procedures when administering a breathalyzer test are among a number of potential avenues for contesting these charges.
Source: MMAJunkie.com, "Ross Pearson arrested in Las Vegas for suspicion of DUI," May 2, 2012
]]>One method that the police have long employed is using undercover officers and confidential informants. Traditionally, these police resources would attempt to collect evidence of criminal activity in which the suspect was already engaged. For example, to make an arrest for distribution of a controlled substance, the police would identify someone whom they believed was already selling drugs and then have an officer or informant attempt to make a purchase from that person. But increasingly police are identifying individuals whom they believe are simply predisposed to committing a crime, and then taking many steps to facilitate the near completion of that crime before making an arrest.
]]> This more aggressive approach to undercover police work has arisen largely in the area of counterterrorism. We have seen many headlines about the terrorist plots which have been foiled by law enforcement investigations. What they often fail to disclose is that the materials, plans, and even motivation to commit the criminal act was all supplied by the government as part of a sting operation, the suspect may have only been someone who was susceptible to being drawn into such a scheme.But this type of long term undercover work is not segregated to counter terrorism. Undercover officers have also been used in schools, with police officers posing as students, developing relationships with other students, and then asking the real students if they could get them drugs, even when the student may not have ever previously dealt drugs.
Source: New York Times, "Terrorist Plots, Hatched by the F.B.I." DAVID K. SHIPLER, April 28, 2012
]]>According to Nevada revised Statute 484C.110, It is unlawful to operate a motor vehicle with more than 2 nanograms of THC per milliliter of blood, or 10 nanograms per milliliter of urine. There are seven other states which have a 'zero tolerance' policy for the presence of marijuana while driving.
]]> A recent news report has indicated that the government is in the process of developing a new roadside saliva test to detect concentrations of THC in a driver's bloodstream on the spot. One concern with such a test is the potential ramification of false positive or inaccurate readings.As you may know, there have been a great many reported incidents of inaccurate alcohol breathalyzer tests. This is true despite the fact that these tests have been in use for many years. In order to be accurate the equipment must be properly calibrated and maintained and the officer performing the test must be properly trained. It would seem that the reliability of a new saliva test would be even more questionable than the breathalyzer test as officers will only be freshly trained and without experience using the new test when it is first employed, and the technology that is involved will have not have the advantage of years of scrutiny as to its accuracy.
Source: Reuters, "Driving While Stoned: Saliva Test Coming Soon," Andrew Chow, April 18, 2012
]]>The suspect in this case has been sentenced to 22 years of imprisonment. The prosecutor argued that the long sentence was justified because the suspect ran a sophisticated drug smuggling operation. The alleged trafficker was accused of using pre-paid phones but only discussing the specifics of the transaction in person. He was arrested after allegedly selling methamphetamine to an undercover police officer.
]]> While the forfeiture of a personal aircraft is a dramatic example of a police seizure, under certain circumstances property, associated with the commission of a felony may be subject to seizure and forfeiture.The forfeiture of an automobile or other valuable item of personal property can substantially increase the potential consequences of alleged criminal activity. The seizure and forfeiture statute is not intended to act as a punishment for an alleged crime, though it certainly may feel that way to the suspect. There is a significant risk that in the rush to prosecute alleged criminal activity property can be improperly or illegally seized by law enforcement.
Source: CBS News, "Convicted Drug Runner Will Forfeit Small Plane Seized In Montco Raid," Brad Segall, April , 19, 2012
]]>Today in the United States, an average of 60,000 children are being held in juvenile correctional facilities on any given day. We in the U.S. put children behind bars at a rate that is six times that of any other developed nation. One would hope that all types of incarceration would include some aspect of rehabilitation; this is especially true for juveniles. Unfortunately in many instances juveniles leave incarceration worse off than when they went in.
]]> Locking up juveniles not only often fails at the rehabilitative ideal but also as a deterrent. Most children simply don't have the capacity to understand the ramifications of their actions to the degree that an adult does. The potential of being caught and being incarcerated has probably never stopped many children from committing illegal acts.Many parents assume that when their child is facing juvenile charges the worst that can happen is a slap on the wrist. But in reality the consequences can be very serious.
Source: Wired, "Uncompromising Photos Expose Juvenile Detention in America," Pete Brook, April 11, 2012
]]>With all of this activity, law enforcement agencies are targeting any mortgage loan modification programs against which they believe they may be able to bring mortgage fraud charges for not complying with all the relevant statutory and financial regulations that may apply to this complex sector of the industry.
]]> Recently a Las Vegas man was arrested and charged with theft in connection with his business which marketed itself as facilitating mortgage loan modifications that could reduce a borrower's monthly mortgage payments. Law enforcement officials claim that the business did not produce the results for its customers that it had promised when it collected the initial fee from its clients.The aftermath of the housing market crash is still be felt particularly strongly in Las Vegas. State and federal prosecutors are now looking very closely for any indication that a mortgage transaction or modification program may not be completely legitimate. This wide net approach taken by prosecutors not only has the potential to ensnare those who have not engaged in any illegal activity. It also likely increases the risk that corners may be cut and constitutional rights not being respected as they try to move forward with a great number of cases.
Source: Channel 5 News Las Vegas, "Vegas man arrested for mortgage modification scam," April 13, 2012
]]>Physicians with access to these drugs face the potential risk of not only professional discipline and the loss of their medical licenses but also criminal charges if they are suspected of improperly providing these prescription drugs to individuals. A Nevada doctor is now facing drug charges for his alleged sale of these potent painkillers.
]]> According to law enforcement authorities the doctor was not using these powerful drugs himself, but he is accused of selling them. Police conducted weeks of surveillance at the hospital at which this doctor maintain practicing privileges and authorities maintain that the doctor had sold the prescription drugs illegally.The addiction to these painkillers can be as strong as that of regular street drugs such as heroin and methamphetamine. For some reason legislators and other policy makers have decided that drug addiction is better treated as a crime requiring imprisonment rather than as a medical condition requiring therapy and rehabilitation. It seems likely that if the individuals who use these drugs illegally were given the resources to return to a healthier lifestyle these sorts of situations would no longer be an issue.
Source: Channel 8 News, "Doctor Arrested was Co-Chair at Centennial Hills Hospital," Stephen Jackson, April 12, 2012
]]>While it is certainly true that these more minor offenses are still violations, the often harsh penalties involved, and amount of police and prosecutorial resources devoted to these infractions, can seem to be out of scale with the alleged conduct. This is particularly true when compared to the more egregious sounding criminal charges we hear about in the news.
]]> Of course every suspect is innocent until proven guilty and deserves to have their rights vigorously defended, but recent news reports about a pair that were arrested after a standoff for suspicion of robbing a Kmart. But a story in the Las Vegas Sun explains that these two are also suspected in a wide variety of other crimes including allegations that he threatened a man with a handgun while stealing a computer. One of the pair also had convictions for possession of a stolen vehicle, and domestic violence with a deadly weapon. The other suspect has numerous charges including battery of a police officer with a deadly weapon.We used the example of this arrest to demonstrate the contrast between suspects with long criminal histories and suspects who are living as part of the mainstream of society and find themselves facing potentially serious consequences. But it is important to remember that strict rules apply to how and when a court may consider evidence of prior convictions in a criminal case. The fact of a prior conviction is not a determinant of a suspect's guilt or innocence in a subsequent matter.
Source: Las Vegas Sun, "Couple's arrest in standoff ends 3-week crime spree, police say," Connor Shine, April 6, 2012
]]>However, police do not take any such phone calls lightly. Every time someone calls in for help, the police will conduct an investigation on the spot, and make a quick determination that is not based on facts, but on circumstantial evidence. This can then result in domestic violence charges, even though there is very little evidence to support those charges other than someone's testimony.
]]> Take for example, the case of famous baseball player, Manny Ramirez. The 38-year-old professional athlete was charged with misdemeanor domestic violence for an incident between him and his wife last September. At the time of the dispute, his wife told investigators that her husband had slapped her, resulting in her falling and hitting her head on the headboard of their bed.However, since those domestic violence allegations, the state has been unable to secure an official statement from the wife, even after issuing a subpoena. It appears in this case, that the wife regrets that phone call to the police and this was one way avoiding pressing the charges against her husband. As a result, the prosecutors have dropped the charges against Ramirez.
If you find yourself facing domestic violence charges, you will likely need to do more than simply hope the charges dropped as they were in this case. Instead, you will want to ensure that your case is presented in the best light possible in order to avoid a criminal conviction.
Source: The Sacramento Bee, "Charges dropped against Ramirez," March 31, 2012
]]>According to reports, officers discovered the "Spice" and "bath salts" in a warehouse near Cheyenne Avenue in the northeast valley. "Spice" is a synthetic version of marijuana, which has been banned in the state of Nevada since last spring. Furthermore, Nevada legislators recently made it a felony to sell or possess "bath salts." This is a street drug known to induce hallucinations and sometimes death. The drug has been compared to harder drugs like methamphetamine and cocaine. The federal government banned both "Spice" and "bath salts" in 2010.
]]> Synthetic drugs can be produced with varying chemical components. In other words, there are multiple ways of constructing very similar drugs. As a result, it can be difficult for authorities to stay current with the newest drug formulas on the market. If tests conclude that the substances involved the bust are banned under the law, the suspects will face criminal charges.In the course of the drug sting, several suspects were detained; however, they were released pending a chemical evaluation of the drugs. If the individuals are convicted, they could face serious penalties including fines, jail time or probation.
Source: Las Vegas-Review Journal, "Police bust synthetic drug lab, confiscate more than 150 pounds," Mike Blasky, March 29, 2012
]]>The U.S. Supreme Court recently heard arguments on the issue of whether a juvenile aged 14 or younger can be subjected to a sentence of life imprisonment without any possibility of ever being paroled. There are currently 79 individuals who are sentenced to life without parole for crimes that occurred when they were 14 years of age or younger.
]]> In one of the cases that gave rise to the Court's consideration of this issue, a 14-year-old boy was allegedly involved in an attempted robbery. Another individual who was also involved in the robbery shot and killed a store clerk, not the 14 year old is facing the life sentence without parole.The court has already struck down the death penalty for juvenile offenders. In some states that allow for life without parole for these younger juveniles the judge does not even have the discretion to hand down a lesser sentence. Life without parole is the only sentence allowed under the statute.
The Court may decide that all such sentences are improper for such young juveniles and is never allowed, or it may take a half measure and say that it cannot be mandatory. Of course they could also rule that the laws can stand as they currently exist. A decision is expected in early summer.
Source: Las Vegas Sun, "Court questions life without parole for juveniles," March 20, 2012
]]>