SEVENTH CIRCUIT UPHOLDS AUTOMOBILE SEARCH UNDER INEVITABLE DISCOVERY DOCTRINE

Last year the Supreme Court held in Arizona v. Gant that law enforcement officials cannot search a vehicle, pursuant to a legal arrest when the suspect is out of the vehicle and is not within hand’s reach of the passenger compartment of the automobile. Prior to the decision in Gant,Indianapolis police detained Dewayne Cartwright for driving a vehicle without a light illuminating the automobile license. He stopped his car in a grocery store parking lot but not in a legal […] Read more »

DC CIRCUIT FINDS CONTEMPT FOR USE OF PROFANITY

The issue of criminal contempt was raised in a case before the Circuit Court for the District of Columbia. The defendant was convicted of second degree murder and sentenced to twenty-six years imprisonment followed by five years of supervised release. Following the sentencing the court held a hearing and sentenced him to an additional three years since the murder was a violation of a supervised release in a prior drug case. At the end of the hearing the defendant said […] Read more »

NINTH CIRCUIT UPHOLDS PAROLE RELEASE FOR FRED MCCULLOUGH

The Ninth Circuit upheld a District Court grant of habeas corpus after California Governor Arnold Schwarzenegger overrode a California Board of Prison Terms recommendation that Fred McCullough be released on parole. McCullough was convicted for the 1982 murder of John Kukis. Kukis was asleep in his car when Kukis hit him in the head, killing him, in order to steal money to buy drugs. He was sentenced to fifteen years to life. During his early years in prison McCullough had […] Read more »

CALIFORNIA STRUGGLES WITH JESSICA’S LAW

California state courts have been flooded with claims by people required to register as sex offenders challenging the residency restrictions of Jessica’s Law. Jessica’s Law mandated that registered sex offenders live at least 2000 feet from any school, playground or place where children congregate. While this may sound good in theory it has caused a lot of problems. For one thing, there are whole counties in the state which have no residences or very few places that meet this qualification. […] Read more »

DEADBEAT DAD SENT TO THE PEN FOR TWO YEARS

Poor Dr. Rafik M. Hanna. He can’t pay his child support. He has no problem renting cars. He has rented a Lexus, a Porche, a Jaguar, and a Audi. He has taken his girl friend on expensive shopping trips. He has vacationed on Catalina Island, Victoria Island and the Sun River in Oregon. He goes to the symphony and professional basketball games. He plays golf at championship courses. But he can’t pay his child support. He moved his bank account […] Read more »

EXECUTIONS CONTINUE TO DECLINE

According to a study by the Death Penalty Information Center (DPIC) the number of people executed in this country continues to decline. The number of people executed this year will be less than half the number executed in 1999 and 12 per cent less than last year. In 1999 there were 98 executions this year there have been 46. This year 114 people were sentenced to death as compared to 234 people in 2000. Even major death penalty states like […] Read more »

FLORIDA CHARGES AUTHOR OF THE PEDOPHILE’S GUIDE

Colorado officials arrested the author of “The Pedophile’s Guide to Love and Pleasure: a Child-lover’s Code of Conduct” on a warrant out of Polk County, Florida. Grady Judd, the Sheriff of Polk County set up a sting to catch Philip Ray Greaves II. His deputies purchased a copy from Greaves. When he sent the copy Judd had Colorado deputies arrest Greaves in his hometown of Pueblo. He is charged with obscenity. The book includes first person observations of pedophilia allegedly […] Read more »

SEVENTH CIRCUIT FINDS POLICE ACTED REASONABLY TO SAVE MAN’S LIFE

Andrew B. Sallenger lived with his mother, sister, and her four children in Springfield, Illinois. He was schizophrenic and suffered from bipolar disorder. Shortly after midnight on April 30, 2002 he had a major psychotic break. His sister, Kim Nolan, called the police. They arrived shortly after 2:00 am. Sallenger, a large man was running around the house nude, and out of control. The police eventually subdued him, placed him in handcuffs and hobbled him. A hobble is a cord […] Read more »

SIXTH CIRCUIT UPHOLDS SEARCH OF VEHICLE

Andre Johnson was convicted of possession of a gun by a convicted felon, possession of cocaine and possession of a weapon in connection with a drug offense. An undercover officer, Jason Bolte, parked his car in a high crime area on the west side of Cincinnati. A car with three people in it pulled up and parked behind him. A passenger wearing a gray hooded sweatshirt got out of the car and made a transaction, trading money for a couple […] Read more »

CALIFORNIA COURT UPHOLDS WARRANTLESS SEARCH OF PROPERTY

A California appellate court denied an appeal based upon a claim that sheriff’s deputies illegally entered the curtilage of a residence to search the property. The curtilage of a property is a somewhat vague property law term referring to “the land immediately surrounding and associated with the home.” That area beyond the curtilage is considered “open fields.” Like the house itself the curtilage is protected by the Fourth Amendment from unreasonable warrantless searches. The area considered open fields is not […] Read more »