Archive for April, 2012

Internet luring cases & police stings

Man suspected of internet luring arrested in Co

Police arrested a man with a Ph.D. in Colorado on charges of Internet luring for arranging a meeting with a woman and her child, according to this article in an MIT journal.

“Internet luring” is a crime.  The crime is when you induce a child, or in this case a mother and her child, to go someplace with the intent of illegal sexual activity. Often, the suspect is not communicating over chat or email with a child at all, but, rather, a police officer.

The fact that a child was never involved is irrelevant because the intent to commit the crime is enough to charge an “attempt” at the crime, which is often as serious, or almost as serious as the crime itself.  This makes sense, as in a case when the police catch a bank robber before he goes into the bank, his crime is not complete, but he did attempt it, and was very close to committing the crime itself. In an Internet luring case, the police will substitute a young looking adult, or more common, the adult police officer uses a photo of themselves as a child, referring to it in emails and Internet chats.

In an Internet luring case, much of the evidence is circumstantial.  An “IP address” is the network location of a computer on the Internet, and each subscriber is assigned an IP address.  Without too much discussion as to the particulars of this and other Internet networking essentials, suffice to say that a computer is generally traceable on the Internet.  The government has all the logs and communications between the computers showing, usually, very racy, and sometimes extremely explicit communications.  These communications and their content are the heart of proving the intent element of the crime: intent to engage in illegal sexual activity.

Understanding the concept of how the government must prove intent is the biggest challenge for a defendant.  The government is not using these communications to inflame the jury, at least not overtly.  The government may want their case against the defendant to look good, and by making the defendant an unsympathetic person through the use of these sexual communications certainly performs that role.  However, even if a sympathetic prosecutor wanted to leave these communications out, he cannot, because he needs to prove the defendant’s intent.  Without a confession (a statement to anyone regarding his intent), he needs to use this damning evidence against the defendant.  Keep in mind that most prosecutors are not sympathetic at all to such a defendant.

There are ways to win a computer sex case, and it all revolves around the facts of each individual case, even if the evidence seems damning.

Does the public and members of the courts believe that such defendants should be on bond? The judge in Mr. Segal’s case did not. The MIT article reported that “Segal was denied bail and remanded to the custody of the U.S. Marshal, with the court determining that he was a flight risk and that ‘there are no conditions of release that can be imposed, which would assure [Segal’s] continued appearance before the court.’”


Introduction to reasons police may enter and search your home

Introduction to reasons police may enter and search your home

INTRODUCTION
When police enter and search your home, they need a reason. Many reasons will work for them to be legally in your home. This article will attempt to cover those reasons, so if you want to keep police out of your home, you have a chance.

CONSENT TO ENTER/SEARCH
The first and most all-encompassing way police may enter your home is when you allow them. This is called consent. It must be knowing consent by someone with the apparent authority to allow them to enter. This means that if your girlfriend is visiting for an hour, answers the door for police, and gives them permission to enter and search, the police would reasonably beleive she had the authority to let them in and search. If you are home with your wife, with whom you live, and she allows the police to enter and search, but you tell them to get out, the police may search areas where she has access and control. In that case, they may not search areas of the house where you have kept your wife out: where she has no access, like a safe or locked room. When a defense attorney reads a police report and sees that the suspect gave permission to search them, their belongings, or their home, while its possible to challenge the voluntariness of such a consent, the defense attorney knows this is an uphill battle.

HOT PURSUIT
When police are chasing a suspect, they need not stop because the suspect enters a house. They may continue the pursuit into a house. Once inside the house, anything they see in plain view is fair game as evidence. So, if the police chase a bank robber into your home and see you sitting on the couch in possession of drugs, they are legal to arrest you.

EMERGENCIES/DESTRUCTON OF EVIDENCE
If the police have reason to believe that a suspect is destroying evidence inside a home, they may enter to secure the evidence. Recently, in the Kentucky v. King case (2011), the US Supreme Court held that when police knock on a door and announce themselves as police, and hear movement inside that they police can reasonably link to the possibility of destruction of evidence, they may forcibly enter to secure the evidence.

ARREST WARRANT
Police may search the home of the person named in an arrest warrant. They may also search the address of anyplace where the person named in the warrant listed as their home with probation and parole, or possibly even addresses they listed in prior arrests. If you keep that list of addresses short, police have less right to search homes of your family looking for you. Remember, on these searches, anything they find in plain view is legal to arrest the people they have probable cause to believe were involved with contraband or evidence they legally find.

SEARCH WARRANT
If police have a search warrant with your home’s address on it, be cooperative. If your defense attorney can challenge the warrant or affidavit, he will. If you get a new charge of obstructing justice, disorderly conduct, or assault on police while having the warrant served and your home searched, the police, prosecutor, and judge will not be as receptive to an attack on the warrant.

COMMUNITY CARETAKING ROLE OF POLICE
Because the police have a job to protect people from dangerous situations, and render aid, if police see a situation about a home that makes them think someone might need help, they may enter a home to see if someone is hurt or needs help. These cases often revolve around police seeing broken windows, blood drops/splatter, and people looking unconscious in view from a window. If police see this type of situation, they may enter to render aid.

CONCLUSION
To keep police from being able to enter your home, it’s important to keep your home in a condition that looks normal. To ensure that people visiting know to refuse consent to search because, “it’s not their home.” To refuse consent to search to police yourself. Police can and will lie to get consent. This is legal. A police officer can say that the victim only wants their property back, and they will be happy. When you return the stolen x-box which was taken from a house, the police will then arrest you for burglary because that is what will make him happy: closing a felony case, and all he had to do was legally lie to a suspect to get consent.

If you do nothing wrong, and police wrongfully enter your home, you may have a good case to litigate the suppression of evidence: to keep evidence that the police illegally obtained from being used against you. This is where a good criminal defense attorney can work for you.


Preliminary Hearings in Kentucky

Question: When a person is arrested for a felony in Kentucky, how long until he can get out of jail?  Also, is this an important part of the case where he should have a criminal defense attorney?

Answer: When a defendant is arrested in Kentucky on a felony warrant, the government can do the initial arraignment within a week or so. At this initial arraignment in District court (misdemeanor court), the judge will let the defendant know the charges and, if he qualifies for the public defender, appoint the department of public advocacy, or allow time to hire private counsel. The judge will also set a date for a “preliminary hearing” which must occur within 10 days of arraignment. At the prelim, the government would need to show probable cause for the charges to detain the defendant while the government seeks an indictment with the grand jury. they will have 60 days after the prelim to do that. Lastly, at the prelim, the judge will set a bond. Often, the government will make a deal to skip the hearing for a reduced bond.

Many things can happen at that preliminary hearing, but statistically, defendants without a lawyer don’t do as well at getting a bond they can afford as with a lawyer.

Because of that, and because Kentucky does not have or allow bail bondsmen, the preliminary hearing is extremely important because what the judge sets as bond may keep your son in jail for another 60 days until the next real chance to get out.

Get him a lawyer, even if just for the prelim.Many things can happen at that preliminary hearing, but statistically, defendants without a lawyer don’t do as well at getting a bond they can afford as with a lawyer.

Because of that, and because Kentucky does not have or allow bail bondsmen, the preliminary hearing is extremely important because what the judge sets as bond may keep your son in jail for another 60 days until the next real chance to get out.

Get him a lawyer, even if just for the preliminary hearing.


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