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Courtroom Yawner Jailed for Six Months

August 10th, 2009
(Aug. 10) — As Clifton Williams sat in the courtroom in Joliet, Ill., awaiting his cousin’s sentencing on drug charges, little did he know he would soon be the one in jail.
 
As Judge Daniel Rozak sentenced Williams’ cousin to two years probation, Williams yawned, an act that earned him six months in jail on contempt charges, the Chicago Tribune reported.

A judge sentenced Clifton Williams to six months in jail on contempt-of-court charges after he yawned during his cousin’s trial. A spokesman for the court said Williams attempted to disrupt the proceedings with his yawn.
 
Williams’ father said he was “flabbergasted” by the sentence, the maximum issued for a contempt charge without a jury trial. “It seems to me like a yawn is an involuntary action,” Clifton Williams Sr. told the newspaper.
The court disagreed. While Rozak did not comment on the charges, a state’s attorney’s office spokesman, Chuck Pelkie, said Williams did not let out a “simple” yawn. “It was a loud and boisterous attempt to disrupt the proceedings,” he said.
 
According to the Tribune, Rozak is particularly fierce on courtroom decorum, issuing contempt-of-court charges at the highest rate of any judge in the county. The broad discretion of judges to control their courts has prompted Rozak to file contempt charges against people for everything from swearing to not silencing their cell phones.
However, some of the people Rozak assigned harsh sentences to were shown leniency if they apologized.

Good thing he didn't sneeze!

Good thing he didn't sneeze!

Williams will have to serve as least 21 days, the Tribune reported, and he has been locked up since July 23. In a letter to his family, Williams wrote, “I really can’t believe I’m in jail.”

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IT JUST KEEPS GETTING BETTER!!!

August 4th, 2009

Tennessee Police Officers Accused of Planting Drugs and Beating Suspect

A lawsuit was filed on Thursday accusing Cookeville, Tennessee police of “excessive use of force” and “planting contraband” during a domestic assault arrest last year.

One officer has been placed on leave because of the incident, and five others are named in the federal More..lawsuit.

Police car video from the Cookeville Police Department captured the incident that triggered the lawsuit.

On the night of June 4, 2007, Carlos Ferrell was stopped by police on a domestic assault warrant. According to the lawsuit, Ferrell’s ex-wife, Tiffany, saw Ferrell, called police and was involved in the initial chase.

Once Ferrell came to a stop, he was ordered out of the car by Cookeville Police Officer Chris Melton.

“Put your hands up, and get out of the car,” Melton is heard telling Ferrell on the tape.

Ferrell, 28, exits the car with his arms raised while Officer Jeff Johnson is holding the department’s police dog.

The video shows the dog bite Ferrell several times. Attorney Blair Durham is representing Ferrell.

“The dog is released. The dog then chews into Mr. Ferrell’s leg where, of course, he goes to the ground,” he said.

“Your dog just ate my leg off,” Ferrell said on the tape. Durham also accused Melton of planting drugs on Ferrell.

In the dash cam video, Melton is seen searching Ferrell’s pockets a number of times.

Then, Durham said, another officer appears to give a signal with his hand, at which point Melton then reaches into his right pocket and looks into the camera.

It’s at that point on the tape that Durham said Melton appears to put drugs in Ferrell’s pocket.

“Whoa, Carlos, weed? Now you got you another freaking charge, how about that?”

Melton told Ferrell in the video. Melton has been placed on administrative leave with pay. T

he night of the stop, Ferrell was charged with evading arrest and possession of marijuana.

“That’s a complete drug plant is what I’m alleging. It’s a complete unlawful search, first of all, and it’s a planting of paraphernalia,” Durham said.

Cookeville police said they are “completely cooperating with the TBI (Tennessee Bureau of Investigation).”

A representative said the department is not trying to hide anything and doesn’t want to look like it is.

Police took Ferrell to an area hospital for treatment of his injuries.

Durham said Ferrell is no choir boy but that he’s never been arrested on violent offenses.

According to his record, Ferrell has two DUIs and a previous drug possession charge

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Cops caught on dash cam trying to cover up their rear-end crash – ABSOLUTELY INSANE!!!

August 3rd, 2009

After a Hollywood police officer rear-ended a car in February and then arrested the driver on drunken driving charges, he and other officers talked about doctoring the report–it said a jumpy cat created a distraction–to cover up the crash.

The exchange was recorded by a dashboard camera in one of the patrol cars. The officers apparently didn’t realize it was on.

“I don’t want to make th More..ings up ever, because it’s wrong, but if I need to bend it a little bit to protect a cop, I’m gonna,” one of the officers can be heard saying. “We’ll do a little Walt Disney to protect the cop because it wouldn’t have mattered because she is drunk anyway.”

Alexandra Gabriela Torrensvilas, 23, of Hollywood, ended up charged with four counts of drunken driving and cited for improper lane change. On Tuesday, Hollywood police officials placed Officer Dewey Pressley, 42, Officer Joel Francisco, 36, Sgt. Andrew Diaz, 39; and civilian Community Service Officer Karim Thomas, age unavailable; on administrative duty pending an internal affairs investigation and a review by the Broward State Attorney’s Office, said spokesman Lt. Scott Pardon.

Francisco was driving the car in the crash; Pressley wrote the report and made the arrest. Pressley’s report detailing the Feb. 17 midnight crash in the 2800 block of Sheridan Street said “a large gray stray cat” that had been sitting on Torrensvila’s lap jumped out of her car window and distracted her, causing her to veer into Francisco’s lane, where she abruptly braked, and he hit her.

“I will do the narrative for you,” one of the officers says on the tape. “I know how I am going to word this, the cat gets him off the hook.”

Torrensvilas’ attorney, Larry Meltzer, said this is a disturbing “abuse of power.” “Actually seeing it transpire on video in front of you, it really kind of sickens you,” he said. “It’s really nauseating to sit there and watch your client’s rights go out the window.”

Torrensvilas’ four DUI charges carry a maximum penalty of nearly three years in jail, Meltzer said. He declined to say what will become of her case: “In my opinion, as of this time, it’s being handled appropriately.” A spokesman for the Broward State Attorney’s Office declined to comment on the case or how it will proceed. Pressley, a 21-year veteran with the agency, wrote that when Francisco approached Torrensvilas’ car after the crash, she blurted: “It just jumped out.” The “it” was “a large, gray stray cat” that had been sitting on her lap while she drove, the report said. Francisco, who has been with the agency for nearly 11 years, smelled “a strong odor of an alcoholic beverage.”

Public Defender Howard Finkelstein on Tuesday sent a letter to Hollywood Police Chief Chadwick Wagner calling for answers and accountability. “Not only did these officers make a conscious decision to shift the blame to this young woman, but they made a concerted effort to write a narrative to fit ‘their facts,’ ”

Finkelstein wrote. He said his office has at least 27 pending cases in which these four officers are listed as material state witnesses. Pardon, the police department’s spokesman, declined to respond to the allegations. “We’ll see where the investigation goes,” he said.

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Couple Files Lawsuit After Raid On Home

July 28th, 2009
Couple Says Police Raided Wrong House!!

Couple Says Police Raided Wrong House!!

COLUMBIA, Md. — A Columbia couple filed a $5 million lawsuit Monday against the Howard County Police Department stemming from a raid at their home in 2008.

 

Lisa and Kevin Henderson accused the county’s SWAT team of excessive force and malicious prosecution after they raided the couple’s home in January 2008.

“I hear the door opening, and my husband says, ‘Who’s walking in my door and not announcing themselves?’ So, he’s looking, and all of a sudden we see red beams and flashing lights on myself and friend sitting on the couch,” said Lisa Henderson.

The couple said they’re still rattled by the raid on their townhouse.

“I kneeled down and put my hands behind me. Someone grabbed me and handcuffed me. My husband was screaming. I was saying, ‘Please don’t hurt him. He’s disabled.’ And I still didn’t know it was police,” Lisa Henderson told 11 News.

The couple’s attorney said the police had the wrong house.

According to court papers, the Howard County police SWAT team entered the home unannounced through the front door, which was unlocked. When Grunt the family dog started barking, court documents indicated one of the officers enticed the dog to coming running and shot him point blank.

“I lost my best friend. He helped me when I needed him to help without being told or trained,” said Kevin Henderson.

The couple said when Kevin Henderson tried to explain to police he was disabled and unable to move quickly, they responded by stepping on his feet and legs. He told the officers he couldn’t put his arms behind his back because of surgery he had on his left shoulder, but they cuffed him anyway.

Kevin and Lisa Henderson

Lisa Henderson said police pointed a gun to her face and threatened to blow her head off, then picked her up by her shirt and pushed her into a chair so hard that she bit the inside of her mouth.

“I’m a taxpayer in this county. I don’t have a criminal record. I’ve never even had a parking ticket, so why are you treating me like I am a criminal?” Lisa Henderson questioned.

Police said they found five small jars of marijuana, a pipe and grinder on a visitor to the Henderson’s home. The guest admitted he owned the material and was arrested and tried on possession charges.

After the Hendersons filed a formal complaint, Howard County police charged them with drug possession.

“When my clients complained, they charged them and they were exonerated by a judge,” Bell said.

The Hendersons filed the lawsuit in federal court on Monday. A trial date is expected by next spring.

A Howard County police representative said the department has not been officially notified of the lawsuit.

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CASUAL FRIDAY POST – ONE LAST TRIBUTE! R.I.P.

July 3rd, 2009

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MILLIONS MOURN – INCLUDING ONE VERY SAD ASSOCIATE

June 26th, 2009

thekingLOS ANGELES – Michael Jackson, defined in equal parts as the world’s greatest entertainer and perhaps its most enigmatic figure, was about to attempt one of the greatest comebacks of all time. Then his life was cut shockingly — and so far, mysteriously — short.

The 50-year-old musical superstar died Thursday, just as he was preparing for what would be a series of 50 concerts starting July 13 at London’s famed 02 arena. Jackson had been spending hours and hours toiling with a team of dancers for a performance he and his fans hoped would restore his tarnished legacy to its proper place in pop.

An autopsy was planned for Friday, though results were not likely to be final until toxicology tests could be completed, a process that could take several days and sometimes weeks. However, if a cause can be determined by the autopsy, they will announce the results, said Los Angeles County Coroner Investigator Jerry McKibben.

Police said they were investigating, standard procedure in high-profile cases.

Jackson died at UCLA Medical Center after being stricken at his rented home in the posh Los Angeles neighborhood of Holmby Hills. Paramedics tried to resuscitate him at his home for nearly three-quarters of an hour, then rushed him to the hospital, where doctors continued to work on him.

“It is believed he suffered cardiac arrest in his home. However, the cause of his death is unknown until results of the autopsy are known,” his brother Jermaine said.

Cardiac arrest is an abnormal heart rhythm that stops the heart from pumping blood to the body. It can occur after a heart attack or be caused by other heart problems.

Jackson’s death brought a tragic end to a long, bizarre, sometimes farcical decline from his peak in the 1980s, when he was popular music’s premier all-around performer, a uniter of black and white music who shattered the race barrier on MTV, dominated the charts and dazzled even more on stage.

His 1982 album “Thriller” — which included the blockbuster hits “Beat It,” “Billie Jean” and “Thriller” — is the best-selling album of all time, with an estimated 50 million copies sold worldwide.

As word of his death spread, MTV switched its programming to play videos from Jackson’s heyday. Radio stations began playing marathons of his hits. Hundreds of people gathered outside the hospital. In New York’s Times Square, a low groan went up in the crowd when a screen flashed that Jackson had died, and people began relaying the news to friends by cell phone.

“No joke. King of Pop is no more. Wow,” Michael Harris, 36, of New York City, read from a text message a friend had sent him. “It’s like when Kennedy was assassinated. I will always remember being in Times Square when Michael Jackson died.”

The public first knew him as a boy in the late 1960s, when he was the precocious, spinning lead singer of theJackson 5, the singing group he formed with his four older brothers out of Gary, Ind. Among their No. 1 hits were “I Want You Back,” “ABC” and “I’ll Be There.”

He was perhaps the most exciting performer of his generation, known for his backward-gliding moonwalk, his feverish, crotch-grabbing dance moves and his high-pitched singing, punctuated with squeals and titters. His single sequined glove, tight, military-style jacket and aviator sunglasses were trademarks, as was his ever-changing, surgically altered appearance.

“For Michael to be taken away from us so suddenly at such a young age, I just don’t have the words,” saidQuincy Jones, who produced “Thriller.” “He was the consummate entertainer and his contributions and legacy will be felt upon the world forever. I’ve lost my little brother today, and part of my soul has gone with him.”

Jackson ranked alongside Elvis Presley and the Beatles as the biggest pop sensations of all time. He united two of music’s biggest names when he was briefly married to Presley’s daughter, Lisa Marie. Jackson’s sudden death immediately evoked comparisons to that of Presley himself, who died at age 42 in 1977.

“I am so very sad and confused with every emotion possible,” Lisa Marie Presley said in a statement. “I am heartbroken for his children who I know were everything to him and for his family. This is such a massive loss on so many levels, words fail me.”

As years went by, Jackson became an increasingly freakish figure — a middle-aged man-child weirdly out of touch with grown-up life. His skin became lighter, his nose narrower, and he spoke in a breathy, girlish voice. He often wore a germ mask while traveling, kept a pet chimpanzee named Bubbles as one of his closest companions and surrounded himself with children at his Neverland ranch, a storybook playland filled with toys, rides and animals. The tabloids dubbed him “Wacko Jacko.”

“It seemed to me that his internal essence was at war with the norms of the world. It’s as if he was trying to defy gravity,” said Michael Levine, a Hollywood publicist who represented Jackson in the early 1990s. He called Jackson a “disciple of P.T. Barnum” and said the star appeared fragile at the time but was “much more cunning and shrewd about the industry than anyone knew.”

Jackson caused a furor in 2002 when he playfully dangled his infant son, Prince Michael II, over a hotel balcony in Berlin while a throng of fans watched from below.

In 2005, he was cleared of charges that he molested a 13-year-old cancer survivor at Neverland in 2003. He had been accused of plying the boy with alcohol and groping him, and of engaging in strange and inappropriate behavior with other children.

The case followed years of rumors about Jackson and young boys. In a TV documentary, he acknowledged sharing his bed with children, a practice he described as sweet and not at all sexual.

Despite the acquittal, the lurid allegations that came out in court took a fearsome toll on his career and image, and he fell into serious financial trouble.

Michael Joseph Jackson was born Aug. 29, 1958, in Gary. He was 4 years old when he began singing with his brothers — Marlon, Jermaine, Jackie and Tito — in the Jackson 5. After his early success with bubblegum soul, he struck out on his own, generating innovative, explosive, unstoppable music.

The album “Thriller” alone mixed the dark, serpentine bass and drums and synthesizer approach of “Billie Jean,” the grinding Eddie Van Halen guitar solo on “Beat It,” and the hiccups and falsettos on “Wanna Be Startin’ Somethin‘.”

The peak may have come in 1983, when Motown celebrated its 25th anniversary with an all-star televised concert and Jackson moonwalked off with the show, joining his brothers for a medley of old hits and then leaving them behind with a pointing, crouching, high-kicking, splay-footed, crotch-grabbing run through “Billie Jean.”

The audience stood and roared. Jackson raised his fist.

During production of a 1984 Pepsi commercial, Jackson’s scalp sustains burns when an explosion sets his hair on fire.

He had strong follow-up albums with 1987’s “Bad” and 1991’s “Dangerous,” but his career began to collapse in 1993 after he was accused of molesting a boy who often stayed at his home. The singer denied any wrongdoing, reached a settlement with the boy’s family, reported to be $20 million, and criminal charges were never filed.

Jackson’s expressed anger over the allegations on the 1995 album “HIStory,” which sold more than 2.4 million copies, but by then, the popularity of Jackson’s music was clearly waning even as public fascination with his increasingly erratic behavior was growing.

Jackson married Lisa Marie Presley in 1994, and they divorced in 1996. Later that year, Jackson married Deborah Rowe, a former nurse for his dermatologist. They had two children together: Michael Joseph Jackson Jr., known as Prince Michael, now 12; and Paris Michael Katherine Jackson, 11. Rowe filed for divorce in 1999.

Jackson also had a third child, Prince Michael II. Now 7, Jackson said the boy nicknamed Blanket as a baby was his biological child born from a surrogate mother.

Billboard magazine editorial director Bill Werde said Jackson’s star power was unmatched. “The world just lost the biggest pop star in history, no matter how you cut it,” Werde said. “He’s literally the king of pop.”

Jackson’s 13 No. 1 one hits on the Billboard charts put him behind only Presley, the Beatles and Mariah Carey, Werde said.

“He was on the eve of potentially redeeming his career a little bit,” he said. “People might have started to think of him again in a different light.”

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“I WAS NOT READ MY RIGHTS – SHOULD MY CASE BE DISMISSED?”

June 20th, 2009

 

"YOU HAVE THE RIGHT TO REMAIN SILENT. ANYTHING YOU SAY COULD AND WOULD BE USED AGAINST YOU IN A COURT OF LAW, IF IN FACT YOU ARE ACTUALLY HEADED TO ONE. YOU HAVE THE RIGHT TO SIGN A CONFESSION. IF YOU ARE UNABLE TO DO SO BECAUSE YOUR HANDS ARE SMASHED WITH HAMMERS, YOU CAN JUST HOLD THE PEN WITH YOUR TEETH AND MAKE A LITTLE "X" OR SOMETHING"

"YOU HAVE THE RIGHT TO REMAIN SILENT. ANYTHING YOU SAY COULD AND WOULD BE USED AGAINST YOU IN A COURT OF LAW, IF IN FACT YOU ARE ACTUALLY HEADED TO ONE. YOU HAVE THE RIGHT TO SIGN A CONFESSION. IF YOU ARE UNABLE TO DO SO BECAUSE YOUR HANDS ARE SMASHED WITH HAMMERS, YOU CAN JUST HOLD THE PEN WITH YOUR TEETH AND MAKE A LITTLE "X" OR SOMETHING"

YOUR CASE WILL NOT BE DISMISSED JUST BECAUSE YOUR “MIRANDA” RIGHTS WERE NOT READ! YOU’RE WATCHING TOO MUCH TV!

 The case of Miranda v. Arizona was a landmark decision of the United States Supreme Court, handed down on June 13, 1966, which outlined the rights of individuals in regard to interrogation while in police custody. In particular, it prescribed the admissibility of evidence gained from persons who have not been advised of their rights relating to the 5th and 6th Amendments to the US Constitution.  Essentially, the Court held that if a suspect has not been advised of these rights, prior to being interrogated, than any evidence derived against them in that case cannot be used against them in a court of law. This ruling provides that anything a person says can be used against them, but again, only if the person has been informed of their right to consult with an attorney and of the right against self-incrimination. It must be demonstrated that an individual understood those rights and that he or she also voluntarily waived their rights if a statement was given.  It is of paramount importance to understand that at all times any person reserves the right to remain silent – and should assert that right!  It is also important to understand that the Miranda litany is not required to be given post arrest – it is only required if a person is in custody and is going to be interrogated!  Thus, the lacks of advise after an arrest that does not involve questioning about the events that took place is not a relevant Constitutional issue.

 The right against self-incrimination was already in effect before the Miranda decision, since the Fifth Amendment guarantee has long been in place. But the Miranda decision does clarify and solidify pre-existing Constitutional Rights. In 2004, the Supreme Court also upheld state “Stop and Identify” laws, which do allow police to ask certain standard information, like name, birth date and address, without arresting the person.

The Court did not specify the exact wording the warning should take, but instead provided a set of guidelines, which must be followed. Those guidelines stated:

 “…The person in custody, prior to interrogation, must be clearly informed that he or she has the right to remain silent, and that anything the person says may be used against that person in court; the person must be clearly informed that he or she has the right to consult with an attorney and to have that attorney present during questioning, and that, if he or she is indigent, an attorney will be provided at no cost to represent him or her.” A judge or jury is prohibited from drawing negative inferences from a suspect’s refusal to answer questions.

Any interrogation must be suspended when a suspect invokes their Miranda rights.

The common term “Miranda rights” pays homage to the defendant in the Miranda case, Ernest A. Miranda. Miranda claimed he was convicted of rape and robbery without due process, since he was deprived of the advice of legal counsel. Miranda was also forced to sign a confession, pre-typed and read to him, in which he was made to state that he was making this confession voluntarily, a paper that was put in front of him less than 2 hours after his arrest. The title of this document stated his rights to refrain from self-incrimination, but he was shown to be of limited mental capacity and possessed of only an 8th grade education. He was never advised of his right to remain silent; he was not timely warned that anything he did say could be used against him. The case was an appeal of his conviction to the Supreme Court, since it so clearly violated Fifth Amendment rights against self-incrimination and the right to counsel. The landmark case has entered the popular mindset, and is commonly known, even though it is often completely misunderstood.

Miranda was later retried, and the illegally gained confession was excluded. His conviction was upheld in 1967 on the basis of witnesses and other evidence. He was sentenced to serve 20 to 30 years, and paroled in 1972.

The Fifth Amendment provides that a person does not have to give information that supports any criminal accusations against them. This is also known as the right against self-incrimination. The term “Mirandize,” meaning to read a suspect their rights, has become more commonly known in modern culture because of its routine use in television crime dramas. Citizens commonly believe that the Miranda warning is automatically used in any circumstance involving police detainment. This is not accurate, since the police must warn an individual only when they are subjected to a custodial interrogation (a suspect is considered ‘in custody’ when they are deprived of free movement) in a police station, in a police vehicle, or otherwise detained. Individuals may be arrested without questioning, and need not receive a Miranda warning in that case. If the police change their mind and institute questioning at a later time, then the warning is required.

There is a difference between ‘detention’ and ‘arrest’ — police are not required to put the warning in place until a person is actually arrested for a crime. In that case, it’s important to realize that any statements made during detention and even while an arrest is in progress (before the warning is given) are generally admissible. The Fifth Amendment right against self-incrimination does not prevent police from taking blood without a warrant from individuals suspected of driving under the influence of alcohol, since this kind of inquiry may incriminate the individual but cannot be said to be ‘self-incriminatory.’ In addition, the Miranda rule does not cover such things as giving handwriting, DNA, or voice samples, fingerprints, hair samples or dental impressions, since they do not involve the suspect giving actual testimony against themselves.

It is unclear whether an individual already in jail for one crime is protected by Miranda rights granted in that case, if the person is charged with other crimes while still in custody. Miranda rights should be offered in each and every different case.

Police are often given special training designed to induce persons to waive their Miranda rights. For example, the interrogator may ask specifically if the rights are understood and the individual wishes to talk. The officer may speak at length about the evidence already collected, and then ask the suspect if they wish to talk, with the objective of getting the suspect to talk in order to refute that evidence. Interrogators may employ the tactic of not asking any questions at all, simply to sit down across from the suspect and silently do paperwork, with the unstated intention of inducing the suspect to begin to talk on their own. These deceptive tactics, designed to get around the prohibition of compelling testimony, have been upheld in court as valid and lawful.

For the Miranda rule to apply, six factors must be fulfilled. First, the suspect must actually give testimony; even a non-verbal communication, such as nodding the head ‘yes’ when asked if they committed the crime is construed to be testimony. Such testimony must be elicited in a custodial situation, where the suspect is actually arrested or detained so that their freedom of movement is curtailed. Miranda does not apply to questioning a motorist at the side of the road, or a person briefly detained on the street. A person who voluntarily comes to the police station for questioning is not entitled to the Miranda warning, since they are not under arrest and are free to leave.

The fourth factor requiring Miranda warning requires the evidence collected to be a result of actual interrogation. A statement volunteered by a suspect in custody is not protected by the Miranda ruling. The Supreme Court has defined interrogation to include “any actions that the police should know are reasonably likely to elicit an incriminating response from the suspect.” Confrontations of incriminating evidence therefore also amount to interrogation and should be protected by the Miranda ruling.

However, “unforeseeable results of police words or actions” do not count as interrogation. So routine statements made during the administration of sobriety tests for example would not trigger the need for the Miranda warning. A statement by a possibly impaired driver that he or she ‘wouldn’t be able to walk a straight line or put their finger to their nose if they were sober’ would be considered allowable, if incriminating evidence, and would not be protected under the Miranda ruling. Spontaneous statements by an impaired individual usually come in response to questioning by the investigating officer, and such questions, such as ‘How much have you had to drink?’ ‘Do you know where you are?’ are so typical that most police departments print a list of such questions in their arrest report forms. The question of when the Miranda ruling comes into play is often obscured by this questioning behavior; spontaneous statements and answers to these questions can end up being used as evidence against a DUI suspect.

The fifth condition that must be met in order for the Miranda ruling to be in effect is that the confession or evidence must be gathered by obvious “state-agents” such as police officers. Any confession or evidence gained by interrogation by undercover agents or paid informants doe not violate Miranda, since the suspect has no idea they are being questioned by police. In this case, the requirement that the suspect be in custody is waived. Security guards and private police are not considered “state-agents” unless they are off-duty police officers, since a police officer is always considered “on duty.”

Finally, the sixth condition to trigger Miranda is that the evidence must be offered during a criminal proceeding. That means that the results of the endeavor can lead to punishment. So a commitment hearing, in cases of mental competency, does not trigger Miranda, nor do probation hearings, since no new punishment is being contemplated.

So, if all six conditions are present, evidence given in the absence of the Miranda warning must be suppressed and may not be used to convict an individual of a crime.

This Supreme Court ruling protects individuals from answering questions that will impair their legal defense. The ordinary person’s first instinct, when confronted by police questioning, is to be cooperative and try to show a willingness to be helpful and remain in good standing with the police. While this is a noble stance, saying too much in order to appear cooperative can go against your case should it ever appear in court. It is always best to remain silent (this is your basic right) in responding to questions that might require the assistance of an attorney.

It is important to be forthcoming in answering purely administrative questions, such as name, birth date, and address. It is fine to give answers to questions that have no bearing on your potential case, such as your height and weight, since they will not affect your case and have the effect of making you appear to be helpful and willing to cooperate. The rule of thumb is this: if answering any question could has the potential of helping law enforcement make a case against you, then you should be Mirandized first. Except in the area of administrative questioning, questions that might help law enforcement convict you are best left unanswered.

 Your right to remain silent is yours. USE IT!

By: David Zwanetz, Associate Attorney

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HOWARD COUNTY: City and county crime log

June 19th, 2009

BAD BOYS BAD BOYS WHAT YA GONNA DO-OOO!

BAD BOYS BAD BOYS WHAT YA GONNA DO-OOO!

Laurel police report felonies, arrests and property crimes. Howard County police report major crimes, break-ins and car thefts. Prince George’s County police report violent crimes and property crimes.

Howard County

Savage/North Laurel:

Freestate Drive, 8800 block, 8:32 p.m. June 15. A 2004 BMW X5 car was being unloaded from a carrier at Carmax when it was stolen.

Evening Primrose, 9700 block, 6:12 p.m. June 15. A cappuccino 2006 Buick sport utility vehicle stolen.

Sandal Wood Court, 8400 block, between 10 p.m. June 14 and 12 p.m. June 15. Shed entered. Brush cutter stolen. No forced entry observed.

Traders Crossing, 9200 block, 6:54 p.m. June 12. A 1999 Dodge Caravan stolen.

Bridle Path Lane, 9200 block, 9:41 a.m. June 12. A 2004 Nissan Maxima stolen.

Washington Boulevard, 10100 block, between 3:30 p.m. June 12 and 6:30 a.m. June 13. Room at Valencia Motel broken into by breaking the window. Gaming system stolen.

Dorsey Run Road, 8400 block, 9:29 a.m. June 11. A 24-foot 1999 International box truck stolen.

Barrell House Road, 9600 block, 9:24 a.m. June 11. A 2006 Yamaha motorcycle stolen.

Moonshine Hollow, 9100 block, 7:27 a.m. June 11. A 1999 Dodge Caravan burglarized.

Washington Boulevard, 9900 block, between 1:30 p.m. June 7 and 6:06 p.m. June 8. Gray 2003 Dodge Intrepid stolen.

Cardinal Forest Circle, 8700 block, 10 p.m. June 4. White 1995 Acura Integra stolen. Recovered on Storch Woods Drive after tires were stripped from it.

City of Laurel

Fifth Street, 800 block, June 12. Whisper watt generator stolen from a construction site.

Ashford Place, 14800 block, June 11. Green 1997 Lincoln Continental, 4 door, with Maryland tags 1EKY79 stolen.

Montrose Avenue, 300 block, June 11. Tom Tom GPS system and a computer case stolen from a parked car.

Montrose Avenue, 300 block, June 11. Twenty books stolen from a display at Books-A- Million.

Montgomery Street, 700 block, June 10. Cannon Power Shot G6 camera stolen from a parked car.

Harvest Bend Lane, 8200 block, June 10. Four tires and rims stolen off a parked car.

Laurelton Drive, 15400 block, June 10. Garmin GPS system, iPod and a Bluetooth charger stolen from a parked car.

Baltimore Avenue, 14800 block, June 10. White 2004 Jeep Cherokee truck with Maryland tags 921M430 stolen.

Sandy Spring Road, 7200 block, June 10. Entry gained through a basement door. Black watch box, Breitling watch, Seiko watch and a cup of coins stolen.

Baltimore Avenue, 14800 block, June 9. Victim was walking through the parking lot at Laurel Mall when two men approached him, struck him and attacked him with a box cutter while he was lying on the ground. The men fled with the victim’s money and cell phone. The victim was treated for abrasions and several lacerations and released from the hospital

Main Street, 100 block, June 9. Silver 2009 Mazda 3 sedan, with Maryland tags 8CZH83 stolen.

Baltimore Avenue, 13900 block, June 8. Vizio plasma television stolen from a business.

Baltimore Avenue, 14700 block, June 7. Cash stolen from the Laurel Boys and Girls Club at Jolly Shows Carnival after the carnival closed.

Briston Street, 14000 block, June 6. Four tires and rims stolen from a parked car.

Fourth Street, 14800 block, June 5. Four tires and rims stolen from a parked car.

Fourth Street, 14700 block, June 1. Silver 2006 Honda CBR-1000 motorcycle with North Carolina tag 2Y2203 stolen.

Prince George’s County

Spruce Hill Drive, 8300 block, June 14. Fight.

Intersection of Contee Road and Laurel-Bowie Road, June 14. Assault.

Deerfield Road, 13300 block, June 14. Theft from auto.

Baltimore Avenue, 10000 block, June 13. Stolen vehicle.

Baltimore Avenue, 10100 block, June 13. Stolen vehicle.

Contee Road, 8770 block, June 12. Breaking and entering.

Contee Road, 8770 block, June 12. Breaking and entering.

Laurel-Bowie Road, 13340 block, June 12. Theft from auto.

Bowie Road, 14810 block, June 12. Robbery.

Avebury Drive, 13600 block, June 12. Stolen vehicle.

Mistletoe Spring Road, 13000 block, June 11. Break-in.

Attleboro Court, 13500 block, June 11. Theft from auto.

Finsbury Court, 13300 block, June 10. Breaking and entering.

Horton Road, 8900 block, June 10. Robbery.

Hartford Avenue, 4500 block, June 9. Break-in.

Baltimore Avenue, 13400 block, June 9. Theft from auto.

Sweitzer Lane, 6300 block, June 9. Theft from auto.

Sweitzer Lane, 14840 block, June 9. Theft from auto.

Sweitzer Lane, 14880 block, June 9. Theft from auto.

Stanmore Drive, 7700 block, June 8. Theft from auto.

Amblewood Drive, 12210 block, June 8. Break-in.

Finsbury Court, 13300 block, June 8. Breaking and entering.

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Two indicted for attack on security guard

June 14th, 2009

security_guardTwo men were indicted by a Howard County grand jury Wednesday on assault, handgun and other charges relating to an attack on a uniformed security guard in Columbia May 13.

Rick Delon Britton, 20, of Odenton, and Derrod Alfonso Peterson, 18, of Columbia,  were indicted on counts of first- and second-degree assault, use of a handgun in the commission of a violent crime, theft of less than $500 and conspiracy to commit second-degree assault. All the charges are related to a May 13 incident in which a security guard near the Long Reach Village Center was shot at and robbed by a group of young men, according to police.

Britton was ordered held without bond. Peterson is being held on $100,000 bond, according to a copy of the indictment.

A third individual, Darnell Rasheen Furby, 16, of Columbia, was indicted in May on counts of first- and second-degree assault, theft of less than $500, use of a handgun in the commission of a violent crime, and conspiracy to commit second-degree assault, according to a copy of the indictment.

Police called to apartments in the 8800 block of Flowerstock Row at about 9 p.m. on May 13 were told by the guard that he had been attacked by three men and punched in the face, and that one of the men had fired multiple gunshots at him but missed.

When the guard fled, the suspects stole money from his security vehicle, police said.

The three were arrested at various residences, not their own, without incident, police said.

No court date has been scheduled for any of the men, according to a spokesman for Howard County State’s Attorney Dario Broccolino.

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CASUAL FRIDAY POST – “I ANONYMOUS” REPORTS ON TERRIBLE TRAGEDY :)

June 5th, 2009

JUST READ IT!

fresh

We wish you all safe and happy weekend!

David Zwanetz, Esq.

CLICK HERE TO IF YOU DONT GET IT!

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