NEW YORK POLICE ACCUSED OF FIXING TICKETS

Raymond Kelly has a tough job. He’s the New York City police commissioner and he has to keep explaining why his officers keep showing up in court and I don’t mean as witnesses. Last week eight of them were charged with gun smuggling and Friday sixteen were charged with fixing traffic tickets. There is no evidence that any of the sixteen received any money for any of their actions. Primarily they were getting tickets removed from court files for friends […] Read more »

COURT REVERSES CONVICTION FOR LACK OF EXIGENT CIRCUMSTANCES

Robert Simmons was convicted of being a felon in possession of a firearm and ammunition. He appealed on Fourth and Fifth Amendment grounds., His housemate called the police and complained that a couple of days beforehand Simmons threatened him with a gun. The police arrived at 1:00 a.m. His housemate was waiting for them. Simmons was in his bed. Simmons got up and the police asked him questions in the hallway about whether he had a gun, where the gun […] Read more »

NEW YORK POLICE OFFICERS ARRESTED FOR INTERSTATE TRANSPORTATION OF ILLEGAL GUNS

This has not been a good week for police officers. Yesterday we discussed the denial of an appeal of an officer in Memphis who was sentenced to life plus 255 years for setting up drug deals. He then pretended to arrest the seller while he stole the drugs and money. Today we learn of the arrest of twelve people including eight active duty and retired New York City police officers who bought illegal weapons in New Jersey and transported them […] Read more »

OFFICER’S SENTENCE T0 LIFE PLUS 255 YEARS UPHELD

Former Memphis police officer Arthur Sease had a scam going. He would arrange for a third party to make a drug deal with a dealer. In the middle of the deal Sease or a cohort would arrest the dealer, steal the drugs and take any money they found. He was fired and convicted on 44 counts in Federal Court. Among the charges were violations of conspiracy to deprive another of their civil rights under the color of law, deprivation of […] Read more »

WILLIAM PICKARD SPEAKS OUT

Today we have a special treat. William Leonard Pickard, the plaintiff in Pickard v. Department of Justice, the Ninth Circuit case allowing criminal defendants to sue the Department of Justice to get documentation about informants after the government admits in court that a certain person is an informant has written specially for takingthefifth-acriminallawblog.com his comments on the Ninth Circuit decision. INFORMANT RECORDS NOW AVAILABLE THROUGH FOIA In a significant published decision affecting thousands of cases, the 9th Circuit ruled on […] Read more »

PENNSYLVANIA JUDGE CHARGED WITH BRIBERY

Another Pennsylvania judge has been charged with bribery. Judge Ross Cioppa of Bradford Hills has been charged with bribery for attempting to exchange favorable decision in landlord tenant matters to two women in exchange for sex. In addition to bribery the 70 year old judges is also charged with indecent assault and official oppression. In one matter he is alleged to have asked a female litigant, facing eviction to massage his genitals. When she refused he obtained her approval to […] Read more »

BISHOP INDICTED FOR FAILURE TO REPORT SEXUAL ABUSE OF YOUNG GIRLS BY PRIEST

Robert Finn, the Roman Catholic Bishop of Kansas City Missouri, was indicted Friday on misdemeanor charges of failure to report child abuse by one of his priests. The priest, Rev. Shawn Ratigan was indicted in May. This is the first time an American bishop has been criminally charged with failure to comply with mandatory reporting requirements. Most states have mandatory reporting requirements. While the laws vary from state to state they generally requires specific professionals to report suspected incidents of […] Read more »

SEVENTH CIRCUIT REJECTS “BUT FOR” TEST FOR VIOLATION OF PRISONER’S FIRST AMENDMENT RIGHTS

Jeremy T. Greene a Wisconsin state inmate was fired from his job working in the prison library by John Doruff, the education director at the prison. The firing happened the day after Greene filed a complaint against Doruff. The alleged reason was that he stole a case from the library and that he highlighted a photocopy in the library. Furthermore he was confined to his cell for fourteen days and the photocopies were destroyed as punishment. After he showed that […] Read more »

CALIFORNIA GOVERNOR JERRY BROWN VETOES LIMITATION ON CELL PHONE SEARCHES

Last January the California Supreme Court found in People v. Diaz that the search of a cell phone on the person of an arrestee was legal under the Fourth Amendment exception to the warrant requirement for searches made pursuant to a lawful arrest even if the search did not occur until 90 minutes after the arrest. The California Legislature passed SB 914 making cell phone searches illegal without a search warrant. But Governor Jerry Brown vetoed the legislation yesterday. Brown, […] Read more »

COURT VOIDS CONVICTION FOR FAILURE TO GIVE MIRANDA RIGHTS

Brian Rogers, a non-commissioned Naval officer at the Brunswick Naval Air Station, sold a computer he no longer needed. But he failed to remove the child porn from it. The buyer reported the pornography to the local police who initiated an investigation. To assist they brought in the state computer crimes unit and the Naval Criminal Investigative Service (NCIS). A search warrant was obtained for Roger’s house and plans were made to serve it while he was on the base. […] Read more »