After young salmon died along the Russian River during a cold month in a dry year, federal scientists concluded the deaths were caused by abrupt declines in water level after water was drained to spray on vineyards and orchards. The State Water Resources Board adopted a regulation “that is likely to require a reduction in […]
Traffic Camera Evidence Properly Admitted (Get Out Your Checkbook!).
A woman was cited for failing to stop at a red light. Evidence against her was generated by an automated traffic camera enforcement system [aka red light traffic camera]. She objected to the admission of the traffic camera photograph and 12-second video on the basis of lack of foundation. At her infraction trial, a City […]
Daddy Or Donor Of Semen??
Jason and Danielle tried to have a baby both naturally and by means of in vitro fertilization [IVF] but were unsuccessful. The two began to live separately. Two or three years after their first attempt to conceive, Jason gave Danielle a letter in which he wrote that he was not ready to be a father, […]
To Err Is Human, And To Blame It On A License Plate Computer Is Even More So — Robert Orben.
Plaintiff was driving along and police made a “high risk” stop. They held her at gunpoint, handcuffed her, forced her to her knees and detained her for 20 minutes. Turns out, the Automatic License Plate Reader [ALPR] made a mistake, and identified her car as a stolen vehicle. Eventually the police ran a check of […]
Destroy Or Remove Fixtures From Foreclosed Property And Go To Jail.
Under Penal Code section 502.5, a borrower under a loan secured by real estate may not intentionally harm the lender by removing statutorily specified improvements from the encumbered premises. Defendants, a husband and wife, were convicted of violating section 502.5 by taking fixtures from their foreclosed home. A jury found an enhancement of “great taking” […]
Continued Confusion Over Government Claims.
These are the allegations: A man was released from a state mental hospital but was not provided his psychotropic medication or any guidance on how to obtain it. Twelve days later, he was discovered “unconscious, lying on his blood-soaked bed in a pool of his own blood,” after cutting off his own genitals with a […]
Permits For Tow Truck Companies.
The question on appeal was whether tow truck companies and drivers must obtain a permit in each jurisdiction in which they tow cars. The appellate court concluded a city was only authorized to regulate those tow truck companies and drivers who maintain their principal place of business or employment in that city. (California Tow Truck […]
Totality Of The Circumstances: What Happens After Someone Drops A Dime?
CHP officers observed nothing unusual, but pulled the pickup over anyway. They smelled marijuana and searched the truck, finding 30 pounds of weed. They arrested the two men inside. The men moved to suppress the evidence, arguing the traffic stop violated the Fourth Amendment because the officer lacked reasonable suspicion of criminal activity. This case reached […]
Not-So-Brave D&D Free New World We Live In!!
This is the situation: A woman, later the criminal defendant, apparently upset with another woman for being the successful bidder on a home defendant wanted to buy, impersonated the other woman, later the victim, by advertising online for sexual partners and “invited men who responded to the advertisement to appear at the victim’s home unannounced […]
Department of Homeland Security Government Runaround?
Petitioner, an American citizen who was born in Iran, was subjected to lengthy stops at the border when coming into the USA. He wrote a letter to the Department of Homeland Security [DHS] asking whether or not his name appears on a government terrorist watchlist, and how he can have it removed if his name […]