These Stupid Stamp Graphics Drive me Crazy! [solved]

I have a thing for stamps. They communicate a lot of information about what was done with a document in just a glance. I really like the "scanned" stamp since I try to scan everything using my Fujitsu ScanSnap. If I see that stamp on the page, I know that the document is scanned and available to everyone in the office. If I don't see it, I know that the document needs to be processed.

Ex-Prosecutor James Cameron, Unironically Flees Child Porn Sentencing

The story is like something out of a movie: porn, trial, conviction  appeal, reversal and escape! It makes for exciting news just in reporting the facts. But the case also says something about what's wrong with the criminal process. 

Drug Dogs, Searches and Probable Cause: Updates and Additional Reading

In a recent post, I wrote about police drug dogs in two pending U.S. Supreme Court Cases. These cases consider how police use the dogs to gain probable cause for searches that would otherwise be illegal. Since I published my post, other sources have weighed in and provided some interesting perspectives. Here are some updates and links to further reading.

Marijuana Legalization may Create a Rare Entrapment Defense to Federal Drug Prosecutions

Image from taberandrew

Marijuana is Legal Now, Sort of

On November 6, 2012, Washington State and Colorado voted to allow recreational use of marijuana. A lot of people are saying that marijuana was "legalized" but this is not really the case. Marijuana is still prohibited under federal law. Federal authorities send people to prison for decades for conspiracy to distribute marijuana just the same as they do for trafficking in other drugs.

So what is the practical effect of such "legalization"? There is no indication that federal authorities intend to change course on Marijuana prohibition, so the most interesting consequence might be the people prosecuted federally in these jurisdictions could have a defense based on the doctrine of "entrapment by estoppel."

No Proof of Purchase Necessary: Drug Trafficking Definitions

From Images_of_Money

There are a lot of new drug trafficking cases in Maine these days. There are always a bunch of arrests in Portland, but there seem to be more in York County where Old Orchard Beach police have been cracking down on drug activity. In most of these cases no one was actually caught selling drugs. In fact, the most common scenario is that police search a person or vehicle, often after using drug dogs to get probable cause, they then find drugs that they believe were intended for trafficking.

If some of these folks had followed my advice on avoiding criminal charges in the first place, they might have never been arrested. Once they are charged, the state has several options in how to prove trafficking.

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.