Furry Little Boot Straps: Drug Dogs in Court

I Smell Probable Cause!

Drug dogs are problem solvers. The problem they solve is that police need probable cause to search things. Probable cause is not a lot, but it does mean that that there must be a fair probability that contraban will be found in a place. Police often have a hunch that a search will uncover drugs, but that is not enough. What they need is that sweet probable cause.

Rare Prosecutorial Misconduct Hearing Begins for ADA Mary Kellett

ADA Mary Kellett Contests the
Bar Overseer's Misconduct Petition

The Maine Board of Overseers Begins a hearing into Possible Bar Violations by ADA Mary Kellett.

ADA Kellett successfully prosecuted Vladek Filler, accused of domestic violence assault and gross sexual assault against his ex wife. There was evidence that the wife went to police only to gain an advantage in a child custody case. At trial, Kellett objected to the defense attorney's line of questioning on the issue and the judge excluded the testimony.

Operating Under the Influence and Blood Alcohol Tests. New Rules Soon?

US Supreme Court will decide if involuntary, warrantless blood tests can be used at trial.  

I have written before about Operating Under the Influence Charges and some of the common issues that we see in those cases. I have also tried to give some suggestions about ways to avoid getting charged with Operating Under the Influence in the first place. Once people do get charged with OUI, they often think that it's an open and shut case and that they should just plead guilty. This is often not correct.

Prostitution Prosecution Proves Problematic, Possibly

"I take the fifth!"

Prostitution in the Press:

Even though actual prostitution charges are about as minor a criminal offense as possible, a lot of people have something to say about the Alexis Wright scandal. BDN blogger Alex Steed has a bit about slut shaming, Gawker has done a nice piece compiling the available Alexis Wright videos.

Federal Entrapment: How the FBI Prevents Crimes That Were Never Going to be Committed

This guy is probably going to prison for a long time.

Great News Everyone. The FBI continues manufacturing crimes to solve

CNN reports on the case of Quazi Mohammad Rezwanul Ahsan Nafis, a 21 year old Bangladeshi man arrested after trying to detonate a bomb at the New York Federal Reserve. Though there is not much detail about the plot, it appears to have unfolded as follows:

Burglary by Stalking?: How The Law Defines Crimes

David Burke, Photo from the Portland Press Herald

Things got a bit rough for Berwick Town Counselor David Burke. He was charged with Burglary and Domestic Violence Stalking and Probably Violating a Protection from Abuse Order. It gets one thinking about what those Crimes really are. Can you burglarize someone by stalking them?

Furnishing Alcohol and Providing a Place for Minors to Drink

He also makes sure to hire a good lawyer

Mixing Alcohol and Minors Can Be Trouble

Recent news reports show that prosecutors take these crimes seriously and judges are willing to impose serious sentences. These offenses seem to come up pretty often so it's worth taking a closer look at the Law.

Marijuana: Medicine for Maine; Still a Federal Crime

I have talked before about Maine's progressive medical marijuana law, about the recently proposed changes to the medical marijuana law and about the impact that drug use can have on federal rights especially the right to posses firearms.

Well, this article in the Bangor Daily News discusses new Maine Housing Authority regulations that will force Medical Marijuana users out of Section 8 housing. The problem is that, even though medical marijuana is legal in Maine, it is illegal under federal law. Since section 8 is a federal housing subsidy, you can't get it if you violate federal drug laws.

It seems extremely likely that we are going to see other issues crop up: medical marijuana users charged with federal firearms violations for hunting, or problems with federal student aid for Marijuana patients. These are strange times. States are progressing in an understanding of Marijuana as a substance that should be regulated, not prohibited. Federal authorities still have a 1920s mentality and the rigidity is creating some difficult tensions. I am sure we will see some challenging cases of defendants caught in the crossfire.