From: Quinlan Law Enforcement E-News Report September 25, 2008.
Question:
Lawicki went to the sheriff's office to try and regain custody of her infant daughter. Lawicki explained she lived with her boyfriend Ryerson and their daughter in a home on Gillette Lane. Lawicki was accompanied by Curley, with whom she was staying, although she told the officers she was not romantically involved with him. Lawicki stated that she had left Gillette Lane three days earlier after an argument with Ryerson, and had then returned to get her daughter and belongings. She claimed she could not enter the home because Ryerson (who was then in jail because he had traveled to Illinois in violation of his probation) had changed the locks while she was away. The police told Lawicki she could break a window as long as she lived there. Lawicki did so, and Krumscheid, an employee of Ryerson's entrusted to care for the house, reported a burglary to the police. The next day, police interviewed Lawicki about the alleged burglary. Once again accompanied by Curley, Lawicki told the officers that she had lived at Gillette Lane for the past 10 months, although she and Ryerson were divorced. She also told the officers that Ryerson sold drugs and stored weapons at the residence, including a submachine gun. The police asked Lawicki if they could search the residence, and Lawicki signed a permission to search form. The police went to Gillette Lane with Lawicki. Before entering, Lawicki correctly anticipated and warned the police about a "vicious cat" inside the house. She said the house was in Ryerson's name, but that she had bought the property with him and lived there with their baby. While the officers searched the residence, Lawicki went to the basement and retrieved some business records for the Dells Cab Company, a taxicab company she and Ryerson co-owned and ran from the residence. The house also contained Lawicki's and her baby's personal items, including clothes and toys. During the search, the police discovered a machine gun, rolling papers, and a digital scale. Did Lawicki have the authority to consent to the search?
Answer:
Yes. Although a third party generally could not consent to a warrantless search of another's home, there was an exception where the government could show by a preponderance of the evidence that the third party possessed common authority or a sufficient relationship to the property being searched. The authority to consent did not depend on property law distinctions, but instead depended on whether there was mutual use of the property by people who generally had joint access or control. Under these circumstances, Lawicki had authority to consent to the search. Lawicki was Ryerson's ex-wife and then-current girlfriend. Although Lawicki was staying with Curley at the time of the search, she told the police that her relationship with him was not romantic. She had lived at Gillette Lane with Ryerson and their infant daughter for 10 months before the search, which was a significant amount of time. Ryerson did not claim he kicked her out of the house; rather, Lawicki appeared to have left on her own accord after a tiff with him, and took only an overnight bag when she left. Even if she had planned to move out, she had not done so at the time of the search. As the officers noticed, Lawicki had left many of her and her baby's belongings in the home. Moreover, Lawicki remained connected to the home through her co-ownership of the Dells Cab Company. There was no evidence that Lawicki had quit her managerial role or sold her stake in the company before the search. Consequently, Lawicki sill had a right to access the company records kept in the basement of the house. This right of business access, by itself, would not have given Lawicki the power to consent to entry into the home, but combined with Lawicki's long-term and continuing residence at Gillette Lane, Lawicki had a sufficient relationship to the home to have actual authority to permit the search.
Citation: U.S. v. Ryerson, 2008 WL 4248193 (7th Cir. 2008)
Friday, September 26, 2008
Tuesday, August 21, 2007
New Jersey Jail Inmates Given Laptops For Their Computer Assisted Legal Research (CALR)
Source: Crime and Justice News, August 21, 2007.
"Bergen County, NJ, jail inmates who want to brush up on their legal defense online can do so now from their cells, a move that officials say is a first nationwide, says The Record of Hackensack, NJ. Jail officials have begun rolling out the first batch of 80 laptops - each about the size and heft of a large hardcover novel - to some of the 1,000 inmates who occupy the near-capacity lockup. About $100,000 has been spent so far from an account funded by profits from items purchased from inmates, such as toothpaste and candy bars, to buy the $1,200 notebooks and install wireless connections. "
The primary reason for the move is safety. 'There's a risk each time you open a cell door,' said Bergen Sheriff Leo McGuire, "and our library was getting too busy." Before, inmates who wanted to use the Westlaw research service had to file into the jail's law library, where 12 computers are crammed into the same space as guards and stacks of legal texts. "We should remember that in most cases, the individuals [in jails] aren't guilty, so they're still on trial," said Edward Barocas of the American Civil Liberties Union of New Jersey. 'They should be afforded their research time, no matter how they get it.' Fred Wilson of the National Sheriffs Association said it was the first he had ever heard of such a move. "Knowing the sheriff, he's completely investigated any dangers in giving prisoners those pieces of equipment' Wilson said. 'I think it's interesting. It's an innovative idea.' "
The Record of Hackensack (NJ)
"Bergen County, NJ, jail inmates who want to brush up on their legal defense online can do so now from their cells, a move that officials say is a first nationwide, says The Record of Hackensack, NJ. Jail officials have begun rolling out the first batch of 80 laptops - each about the size and heft of a large hardcover novel - to some of the 1,000 inmates who occupy the near-capacity lockup. About $100,000 has been spent so far from an account funded by profits from items purchased from inmates, such as toothpaste and candy bars, to buy the $1,200 notebooks and install wireless connections. "
The primary reason for the move is safety. 'There's a risk each time you open a cell door,' said Bergen Sheriff Leo McGuire, "and our library was getting too busy." Before, inmates who wanted to use the Westlaw research service had to file into the jail's law library, where 12 computers are crammed into the same space as guards and stacks of legal texts. "We should remember that in most cases, the individuals [in jails] aren't guilty, so they're still on trial," said Edward Barocas of the American Civil Liberties Union of New Jersey. 'They should be afforded their research time, no matter how they get it.' Fred Wilson of the National Sheriffs Association said it was the first he had ever heard of such a move. "Knowing the sheriff, he's completely investigated any dangers in giving prisoners those pieces of equipment' Wilson said. 'I think it's interesting. It's an innovative idea.' "
The Record of Hackensack (NJ)
New York Law Journal Decisions of Interest August 21, 2007
If you are already an online subscriber to this service you should be able to click on any of the links provded below, sign in, and access any of the decisions listed which interest you.
NEW YORK COUNTYAttorney's FeesCourt Finds Plaintiffs to Be 'Prevailing Parties' As They Succeeded on Central Claim in This Action Town House Stock LLC v. Coby Housing Corp.
NEW YORK COUNTYJudgesJudicial Screening Panel Member Denied Motion For Judge to Recuse Himself From Current Action Rosado v. Edmundo Castillo Inc.
RICHMOND COUNTYCivil Practice‘Simple, Pragmatic’ Test Shows Little League Engaged In Continuous and Systematic Course of Business Baggs v. Little League Baseball Inc.
NASSAU COUNTYCivil PracticeCourt Denies Defendants' Motion to Renew, Reargue Court's Prior Order Denying Vacatur of Default Star Industries Inc. v. Innovative Beverages Inc.
NASSAU COUNTYCivil RightsAgency's Finding That a Hearing Must Determine If School District Violated HRL §296(14) Is Upheld East Meadow Union Free School District v. New York State Division of Human Rights
SUFFOKD COUNTYReal PropertyBidder's Application to Vacate Foreclosure Sale, Have Down-Payment Returned Is Granted Entirely Champion Mortgage v. Knight
U.S. COURT OF APPEALS, SECOND CIRCUITGovernment$6,700 Fine for Violating Iraqi Sanctions Act Stands; All Travel Transactions Are Not Exempt Karpova v. Snow
U.S. COURT OF APPEALS, SECOND CIRCUITCriminal PracticeSentence Is Vacated, Remanded; Court's Notice Of Upward Departure from Guidelines Insufficient United States v. Patrick M. Cole
U.S. DISTRICT COURTSOUTHERN DISTRICT OF NEW YORKCriminal PracticeSubpoena Served by Plaintiff to Non-Party Is Quashed; No Notice to Defendant Given Smith v. Masterson
U.S. DISTRICT COURTEASTERN DISTRICT OF NEW YORKCivil PracticeCourt Finds Gun Dealers Tap Interstate Market; Court Has Personal Jurisdiction in Negligence Suit City of New York v. A-1 Jewelry & Pawn Inc.
U.S. DISTRICT COURTSOUTHERN DISTRICT OF NEW YORKEmploymentEmployment Discrimination Suit Survives; 'Swierkiewiez v. Sorema' Notice Standard Is Met Palmer v. New York State Office of Court Administration
NEW YORK COUNTYAttorney's FeesCourt Finds Plaintiffs to Be 'Prevailing Parties' As They Succeeded on Central Claim in This Action Town House Stock LLC v. Coby Housing Corp.
NEW YORK COUNTYJudgesJudicial Screening Panel Member Denied Motion For Judge to Recuse Himself From Current Action Rosado v. Edmundo Castillo Inc.
RICHMOND COUNTYCivil Practice‘Simple, Pragmatic’ Test Shows Little League Engaged In Continuous and Systematic Course of Business Baggs v. Little League Baseball Inc.
NASSAU COUNTYCivil PracticeCourt Denies Defendants' Motion to Renew, Reargue Court's Prior Order Denying Vacatur of Default Star Industries Inc. v. Innovative Beverages Inc.
NASSAU COUNTYCivil RightsAgency's Finding That a Hearing Must Determine If School District Violated HRL §296(14) Is Upheld East Meadow Union Free School District v. New York State Division of Human Rights
SUFFOKD COUNTYReal PropertyBidder's Application to Vacate Foreclosure Sale, Have Down-Payment Returned Is Granted Entirely Champion Mortgage v. Knight
U.S. COURT OF APPEALS, SECOND CIRCUITGovernment$6,700 Fine for Violating Iraqi Sanctions Act Stands; All Travel Transactions Are Not Exempt Karpova v. Snow
U.S. COURT OF APPEALS, SECOND CIRCUITCriminal PracticeSentence Is Vacated, Remanded; Court's Notice Of Upward Departure from Guidelines Insufficient United States v. Patrick M. Cole
U.S. DISTRICT COURTSOUTHERN DISTRICT OF NEW YORKCriminal PracticeSubpoena Served by Plaintiff to Non-Party Is Quashed; No Notice to Defendant Given Smith v. Masterson
U.S. DISTRICT COURTEASTERN DISTRICT OF NEW YORKCivil PracticeCourt Finds Gun Dealers Tap Interstate Market; Court Has Personal Jurisdiction in Negligence Suit City of New York v. A-1 Jewelry & Pawn Inc.
U.S. DISTRICT COURTSOUTHERN DISTRICT OF NEW YORKEmploymentEmployment Discrimination Suit Survives; 'Swierkiewiez v. Sorema' Notice Standard Is Met Palmer v. New York State Office of Court Administration
LAW.COM Newswire Highlights
If you are already an online subscriber to New York Law Journal you should be able to click on any of the links provided below, sign in, and access the full text of articles listed
Patent Defendants Score Big at Federal Circuit
The Recorder
Tech company general counsel, who routinely wrestle with claims of patent infringement, can breathe a sigh of relief, thanks to a Federal Circuit decision Monday that makes it far more difficult to accuse a company of willful patent infringement, a claim that can result in triple damages. The ruling also made a crucial clarification regarding waivers of attorney-client privilege. The Federal Circuit received nearly two dozen amicus briefs on the issue.
Class Action Suits Seeking Medical Monitoring Filed Over Recalled Mattel Toys
The Legal Intelligencer
As with other defective Chinese products of late, U.S. consumers are looking for some accountability from the domestic importers. Two similar class actions have been filed in the U.S. District Court for the Eastern District of Pennsylvania and Los Angeles County Superior Court. Both suits seek to compel Mattel, the importer of millions of Chinese-made toys that have been recalled due to lead paint and small magnets, to pay for lead testing for children who may have been affected by the toys.
D.C. Circuit: Grand Jury Witnesses Can Review Testimony
Legal Times
In a decision that's drawing notice throughout the criminal defense bar, the D.C. Circuit has become the first federal appeals court to hold that grand jury witnesses have an unqualified right to review their testimony in ongoing investigations. Defense attorneys say the ruling could induce more witnesses to testify and curb prosecutorial overreaching. But the government argues it will encourage information-sharing among co-defendants and their attorneys, particularly in white-collar and racketeering cases.
DLA Piper Lawyer Helps Free Former Classmate From Chinese Prison
The American Lawyer
Jared Genser and Yang Jianli have found their lives intertwined. Students at the Kennedy School of Government 10 years ago, Genser was inspired by Yang to become a lawyer and ultimately to found Freedom Now, a group whose highly targeted campaigns have scored an impressive record of helping to free prisoners of conscience. It was largely thanks to Freedom Now that Yang was able to leave a Chinese prison earlier this year and to return to the United States on Saturday as a free man.
5th Circuit Certifies Major Insurance Questions to Texas High Court
Texas Lawyer
Insurance disputes have occupied much of the Texas Supreme Court's time of late, and the 5th Circuit likely has just added to that caseload. The circuit sent the state high court two certified questions that need to be decided in a construction-defect case with potentially far-reaching implications. If the Supreme Court accepts the case, it must decide what triggers an insurance company's duty to cover a damage claim that occurred during the policy period but was discovered years after the policy ended.
Two Prominent Attorneys Subpoenaed in KPMG Case
Legal Times
Two of Hogan & Hartson's most prominent attorneys -- Prentiss Feagles, co-director of the firm's tax practice, and Paul Rogers, a partner in the firm's health practice -- have been subpoenaed at the request of KPMG's lawyers at Gibson, Dunn & Crutcher, who are defending their client over work done on behalf of Bernard Salick. Salick is a Los Angeles physician and entrepreneur who filed suit in California in 2005 against KPMG after shady tax shelters were sold to him by the company.
Animal Shelter Puts the Bite on Attorney for Allegedly Diverting Widow's Contributions
The Legal Intelligencer
A Pittsburgh no-kill animal shelter has filed a five-count lawsuit against a Pittsburgh attorney, alleging that he illegally reduced its portion of a wealthy widow's multimillion-dollar estate. Animal Friends Inc. claims in the suit that Gregory Harbaugh abused his power-of-attorney status and diverted $1.2 million from four charitable organizations to three other charitable organizations with which he or his wife has financial ties.
Lead Paint Litigation Is Beginning to Fade
The National Law Journal
A series of recent rulings have stymied public nuisance claims made by dozens of cities and counties to recover damages related to lead paint, which has been found to cause learning disabilities in children. Lawyers for the paint and pigment companies highlighted the rulings as part of a definitive shift against public nuisance claims.
Criminal Attorneys Provide Post-Game Analysis of Padilla Case
Daily Business Review
On Thursday, a federal jury in Miami found Jose Padilla and co-defendants Adham Hassoun and Kifah Jayyousi guilty on all counts of conspiring to support terrorism overseas. They face life in prison. Many of Miami's prominent criminal attorneys sat in on all or part of the trial to watch the lawyering, support their defense lawyer or prosecutor friends, or just out of sheer curiosity. What did they think of the legal strategies and judging? Here is the post-game analysis.
Rights Cases Multiply Against Corporations
The National Law Journal
An upswing in global operations and a 9th Circuit decision allowing vicarious liability claims for violations of international human rights norms in Alien Tort Claims Act cases have opened the door to more cases. A recent ruling in an Alabama federal court underscores plaintiffs' uphill battle. The decision in what may be the first jury trial on alien tort claims should be heartening to corporate defendants, said Baker Botts' William Jeffress, who defended U.S. coal mining company Drummond Co. in the case.
Visit In-House Counsel
Conflicting SEC Rule Proposals Will Add to Confusion Regarding Shareholder Participation in Director Nominations
Special to Law.com
Last month the SEC published an interpretive release and two proposed rules that reflect a split among the commissioners regarding shareholder access to the director nomination process. This development follows a recent problematic decision by the 2nd Circuit in AFSCME v. AIG. However, says Torys partner Joris Hogan, the SEC's initiatives have sent conflicting signals to public companies that are considering whether to change the method whereby directors are nominated for election to the board.
Visit Large Law Firm
HP Scanjet 7650n Slows the Paper Chase
Law.com
It's difficult for a small to medium-size law firm to keep up with the resources of a large firm. Imagine the David vs. Goliath struggle when a large law firm brings its litigation resources to bear on a small firm. To even the odds, small firms need to get smart about business processes and technology and reduce the time and energy they use to manage paper. Toward that end, Hewlett-Packard's one-two punch knocks paper into a digital format and places it onto the network with its Scanjet 7650n.
Visit Legal Technology
Law.com®
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Patent Defendants Score Big at Federal Circuit
The Recorder
Tech company general counsel, who routinely wrestle with claims of patent infringement, can breathe a sigh of relief, thanks to a Federal Circuit decision Monday that makes it far more difficult to accuse a company of willful patent infringement, a claim that can result in triple damages. The ruling also made a crucial clarification regarding waivers of attorney-client privilege. The Federal Circuit received nearly two dozen amicus briefs on the issue.
Class Action Suits Seeking Medical Monitoring Filed Over Recalled Mattel Toys
The Legal Intelligencer
As with other defective Chinese products of late, U.S. consumers are looking for some accountability from the domestic importers. Two similar class actions have been filed in the U.S. District Court for the Eastern District of Pennsylvania and Los Angeles County Superior Court. Both suits seek to compel Mattel, the importer of millions of Chinese-made toys that have been recalled due to lead paint and small magnets, to pay for lead testing for children who may have been affected by the toys.
D.C. Circuit: Grand Jury Witnesses Can Review Testimony
Legal Times
In a decision that's drawing notice throughout the criminal defense bar, the D.C. Circuit has become the first federal appeals court to hold that grand jury witnesses have an unqualified right to review their testimony in ongoing investigations. Defense attorneys say the ruling could induce more witnesses to testify and curb prosecutorial overreaching. But the government argues it will encourage information-sharing among co-defendants and their attorneys, particularly in white-collar and racketeering cases.
DLA Piper Lawyer Helps Free Former Classmate From Chinese Prison
The American Lawyer
Jared Genser and Yang Jianli have found their lives intertwined. Students at the Kennedy School of Government 10 years ago, Genser was inspired by Yang to become a lawyer and ultimately to found Freedom Now, a group whose highly targeted campaigns have scored an impressive record of helping to free prisoners of conscience. It was largely thanks to Freedom Now that Yang was able to leave a Chinese prison earlier this year and to return to the United States on Saturday as a free man.
5th Circuit Certifies Major Insurance Questions to Texas High Court
Texas Lawyer
Insurance disputes have occupied much of the Texas Supreme Court's time of late, and the 5th Circuit likely has just added to that caseload. The circuit sent the state high court two certified questions that need to be decided in a construction-defect case with potentially far-reaching implications. If the Supreme Court accepts the case, it must decide what triggers an insurance company's duty to cover a damage claim that occurred during the policy period but was discovered years after the policy ended.
Two Prominent Attorneys Subpoenaed in KPMG Case
Legal Times
Two of Hogan & Hartson's most prominent attorneys -- Prentiss Feagles, co-director of the firm's tax practice, and Paul Rogers, a partner in the firm's health practice -- have been subpoenaed at the request of KPMG's lawyers at Gibson, Dunn & Crutcher, who are defending their client over work done on behalf of Bernard Salick. Salick is a Los Angeles physician and entrepreneur who filed suit in California in 2005 against KPMG after shady tax shelters were sold to him by the company.
Animal Shelter Puts the Bite on Attorney for Allegedly Diverting Widow's Contributions
The Legal Intelligencer
A Pittsburgh no-kill animal shelter has filed a five-count lawsuit against a Pittsburgh attorney, alleging that he illegally reduced its portion of a wealthy widow's multimillion-dollar estate. Animal Friends Inc. claims in the suit that Gregory Harbaugh abused his power-of-attorney status and diverted $1.2 million from four charitable organizations to three other charitable organizations with which he or his wife has financial ties.
Lead Paint Litigation Is Beginning to Fade
The National Law Journal
A series of recent rulings have stymied public nuisance claims made by dozens of cities and counties to recover damages related to lead paint, which has been found to cause learning disabilities in children. Lawyers for the paint and pigment companies highlighted the rulings as part of a definitive shift against public nuisance claims.
Criminal Attorneys Provide Post-Game Analysis of Padilla Case
Daily Business Review
On Thursday, a federal jury in Miami found Jose Padilla and co-defendants Adham Hassoun and Kifah Jayyousi guilty on all counts of conspiring to support terrorism overseas. They face life in prison. Many of Miami's prominent criminal attorneys sat in on all or part of the trial to watch the lawyering, support their defense lawyer or prosecutor friends, or just out of sheer curiosity. What did they think of the legal strategies and judging? Here is the post-game analysis.
Rights Cases Multiply Against Corporations
The National Law Journal
An upswing in global operations and a 9th Circuit decision allowing vicarious liability claims for violations of international human rights norms in Alien Tort Claims Act cases have opened the door to more cases. A recent ruling in an Alabama federal court underscores plaintiffs' uphill battle. The decision in what may be the first jury trial on alien tort claims should be heartening to corporate defendants, said Baker Botts' William Jeffress, who defended U.S. coal mining company Drummond Co. in the case.
Visit In-House Counsel
Conflicting SEC Rule Proposals Will Add to Confusion Regarding Shareholder Participation in Director Nominations
Special to Law.com
Last month the SEC published an interpretive release and two proposed rules that reflect a split among the commissioners regarding shareholder access to the director nomination process. This development follows a recent problematic decision by the 2nd Circuit in AFSCME v. AIG. However, says Torys partner Joris Hogan, the SEC's initiatives have sent conflicting signals to public companies that are considering whether to change the method whereby directors are nominated for election to the board.
Visit Large Law Firm
HP Scanjet 7650n Slows the Paper Chase
Law.com
It's difficult for a small to medium-size law firm to keep up with the resources of a large firm. Imagine the David vs. Goliath struggle when a large law firm brings its litigation resources to bear on a small firm. To even the odds, small firms need to get smart about business processes and technology and reduce the time and energy they use to manage paper. Toward that end, Hewlett-Packard's one-two punch knocks paper into a digital format and places it onto the network with its Scanjet 7650n.
Visit Legal Technology
Law.com®
10 United Nations Plaza, 3rd Floor, San Francisco, CA 94102 (800) 903-9872.
ALM Privacy Policy / Contact Us
© 2007 ALM Properties, Inc. All rights reserved.
Monday, August 20, 2007
A Quest to Get More Court Rulings Online, and Free
Source: NYTimes.com, August 20, 2007.
A Quest to Get More Court Rulings Online, and Free
By JOHN MARKOFF
"The domination of two legal research services [lexis nexis and westlaw] over the publication of federal and state court decisions is being challenged by an Internet gadfly."
A Quest to Get More Court Rulings Online, and Free
By JOHN MARKOFF
"The domination of two legal research services [lexis nexis and westlaw] over the publication of federal and state court decisions is being challenged by an Internet gadfly."
Person of Interest--A Suspect, Or Something Else?
Source: Crime and Justice News, August 20, 2007
"Willie Clark is what the cops call a "person of interest" in the slaying of Denver Bronco Darrent Williams in the early-morning hours of New Year's Day. What exactly is a 'person of interest,' asks the Rocky Mountain News. 'It's 21st century-speak for suspect,' said Denver attorney Scott Robinson. Police say the terms aren't always interchangeable. Though persons of interest often graduate to suspects and are charged with a crime, police may use the phrase because they're trying to find someone of a certain description who happened to be near the scene of a crime. "
Rocky Mountain News
"Willie Clark is what the cops call a "person of interest" in the slaying of Denver Bronco Darrent Williams in the early-morning hours of New Year's Day. What exactly is a 'person of interest,' asks the Rocky Mountain News. 'It's 21st century-speak for suspect,' said Denver attorney Scott Robinson. Police say the terms aren't always interchangeable. Though persons of interest often graduate to suspects and are charged with a crime, police may use the phrase because they're trying to find someone of a certain description who happened to be near the scene of a crime. "
Rocky Mountain News
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