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Recent Blog Posts
U.S. Congress May Address Integrity Of Forensic Crime Labs
News surfaced nine months ago that a technician at the San Francisco Police Department Crime Laboratory was skimming evidence from the narcotics unit for her own personal use. The technician reportedly stole cocaine evidence. The San Francisco Police Department closed the narcotics unit in May.
A U.S. Senator announced last month that he intends to introduce federal legislation to reform the field of forensic science nationwide. On the heels of the scandal in San Francisco, many experts are questioning the integrity of evidence used in California drug possession cases.
The rogue technician crime lab scandal only extended as far as the San Francisco narcotics unit within the lab. Sources have reported that other discrepancies have occurred in the lab. A mix-up of test tubes containing DNA evidence has been reported. Officials reportedly concealed the DNA mix-up for two years.
In September, the American Society of Crime Lab Directors, an organization that accredits crime labs, confirmed that the DNA sample switch had occurred. The report from the accreditation board also cited irregularities found during an inspection indicating that doors within the DNA unit were frequently propped open. Sensitive DNA evidence can be contaminated when laboratory doors are propped open.
Weekend New Year's Holiday Increases Risks On California Roads
California DUI attorneys are aware that the highway patrol and local law enforcement agencies will be out in full force over the New Year's holiday, strictly enforcing California DUI laws. The National Highway Traffic Safety Administration recently urged states to employ a "No Refusal" policy, even in states that have enhanced implied consent test refusal laws.
Earlier this month, Transportation Secretary Ray LaHood urged states to have on-call judges available to issue a warrant in test refusal cases. Nine states, not including California, already participate in the "No Refusal" program in some form. The purpose of the push to issue warrants is to create scientific evidence to increase convictions under the individual states' DUI laws and deter further driving under the influence.
Here are some tips to keep in mind over the holiday weekend may help you to avoid being pulled over for suspicion of violating California's tough DUI laws.
Monterey County Obtains "John Doe" Warrant
Generally, in California, the statute of limitations for filing charges for burglary is three years. Failing to bring charges within the statute of limitations would normally bar the state from prosecuting the alleged crime.
Monterey police suspect a person has been committing a series of burglaries. Police have no idea of the identity of the person who police believe has committed a violation of the California burglary law on a number of occasions. Although police have no idea who may have been involved in the alleged incidents, law enforcement has obtained a "John Doe" warrant based upon a DNA profile.
According to Sgt. Bill Clark, it it's the first case where DNA evidence has been used in Monterey County to obtain a warrant. In January, the California Supreme Court upheld the use of a "John Doe" warrant in a case arising in 1994.
Monterey police reportedly collected unidentified evidence after an alleged burglary at a hair salon last year. Police claim someone broke a window of the salon between 4:50 and 7:39 p.m. on November 20, 2009.
CHP Increases DUI Enforcement Over Holidays
The maximum enforcement will occur when the most people are likely to be celebrating. Increased patrols will occur from Friday at 6 p.m. to Sunday at 11:59 p.m. both this weekend and next weekend. California Highway Patrol officers will be focusing on DUI, speeding, and seatbelt enforcement.
Last year's maximum enforcement period lasted from December 18 to January 3. During that time, 22 people were killed in California accidents and the highway patrol made 1,104 DUI arrests with 48 of those arrests in Santa Cruz County. According to a CHP representative, there were 90 accidents in Santa Cruz County over the holidays last year, and 11 of those accidents were related to DUI.
California's law enforcement agencies take a very hard line against DUI. Earlier this year, Insurance.com released a list of what it considered the top DUI cities in the United States. When they measured the percentage of applicants for car insurance who had been convicted of DUI, they found that four California cities made their top 10.
FBI Report: California Violent Crime Down In 2009
Reported violent crime was down last year in America according to the Federal Bureau of Investigation. It is the third consecutive year that Americans saw lower violent crime rates. Across the country allegations of violent crimes were down 5.3 percent in 2009 when compared to 2008. More than 1.3 million violent crimes were reported in the United States in 2009, according to the FBI.
California violent crimes reportedly fell 5.8 percent in 2009 from the previous year. FBI statistics show that California reported 174,459 violent crimes in 2009. The California violent crime rate in 2009 was roughly 472 alleged offenses per 100,000 residents.
Allegations of murder and non-negligent manslaughter are listed by the FBI as among the violent crimes. Murder and manslaughter dropped 7.9 percent last year. Allegations of robbery declined 7.6 percent, aggravated assaults fell 4.8 percent and reports of California burglary dropped 3.2 percent.
Many California Patients Are Foregoing California Marijuana ID Card
Proposition 215 legalized medical marijuana in 1996, upon a doctor's recommendation. In 2003, California created a state marijuana ID card program. It was two years before the program got off the ground with the launch of the ID card in 2005. The optional ID cards have not become as popular as officials expected.
Possession of a small amount of marijuana, up to an ounce, is not an offense that can subject a person to arrest under California state law. With medical marijuana, however, problems can often occur. The California marijuana ID cards were created to help protect Californians from arrest or having their medical marijuana seized by law enforcement.
The ID cards are optional, but many say their cost make them unattractive to many Californians. In 2007 the fee for the cards jumped from $13 to $66. Patients covered under Medi-Cal pay half that rate. Counties add their own fees to the cards that can push the price to over $100 each year.
King's Assistant Coach Accused of California DUI
An assistant coach for the Sacramento Kings was arrested early Thursday morning on suspicion of driving under the influence. The incident occurred around 1:15 in the morning. A California Highway Patrol officer says he noticed a broken taillight on a 1993 Mercedes-Benz. The officer made a traffic stop, which led to the California DUI arrest.
The assistant coach was booked into the Sacramento County Jail and released later Thursday Morning. He has since reportedly made a public statement about the arrest. He says that he had a couple of drinks before the arrest. In his statement he says his "blood alcohol level was slightly over the legal limit." California law places the legal limit at .08 BAC.
The coach said in his statement that he is "very sorry, embarrassed and disappointed for the position in which I put myself and team." The assistant coach is one in a string of people affiliated with the King's to be pulled over on suspicion of DUI over the past few years.
U.S. Supreme Court Hears California Prison Case
Horror stories in California prisons have been on the radar for roughly two decades. A sometimes heated debate regarding the issues of overcrowding and substandard medical care filled a 90-minute U.S. Supreme Court hearing last week. U.S. Supreme Court justices are being asked to rule on the extent to which federal courts can issue an order to ease overcrowding in California prisons.
People convicted of a California felony may be sent to the already overcrowded prisons in the state. The case on review in the Supreme Court stems from suits filed against the state of California dating back to the 1990s alleging that overcrowding violates inmate's Eighth Amendment constitutional right against cruel and unusual punishment. Over the years federal courts have issued orders demanding that California implement better treatment for inmates in the overcrowded prison system.
A three-judge federal appellate panel issued a ruling last year that requires the state of California to reduce its prison population to 137.5 percent of capacity within two years. Roughly 36,000 to 45,000 prisoners would have to be released or transferred to other facilities to comply with the court order.
Oakland Man Arrested on Suspicion of Numerous Robberies
A 21-year-old Oakland man reportedly called police around 5 a.m. on Wednesday to report a shooting. The man had not been hit by any bullets, but did have an injury. The 21-year-old was treated for the injury at a local hospital.
The man spoke with a police officer about the shooting. The officer directed the 21-year-old to the Oakland police headquarters. The officer notified headquarters that the man wanted to speak with investigators about a potential shooting. The officer also indicated the man matched the description of a suspect in a recent California armed robbery.
Two Oakland police officers reportedly spoke with the 21-year-old about the possible shooting that morning. After taking a statement about the early morning shooting the two police officers reportedly began questioning the man about a number of Oakland area armed robberies.
Sgt. Randy Wingate says the man admitted participating in more than 30 armed robberies during the interrogation. The majority of the alleged robberies occurred at gas stations, convenience stores and other small business. Police claim the man would work with an accomplice in the alleged armed robberies.
Santa Rosa Man Faces Three Strikes Law in Current Burglary Charge
An alleged accomplice to the burglaries already pled guilty to one count of commercial burglary and possession of a stolen car in the matter. The alleged accomplice was sentenced to county jail time after conviction.
After of a rash of alleged break-ins at vacation properties and neighboring residences, law enforcement received a report of a suspicious vehicle near the Lancaster Estate Winery near Healdsburg, California. Police responded and found the 42-year-old defendant's alleged accomplice in a car containing alleged stolen property from the break-ins.
The alleged accomplice reportedly told police that the defendant had helped the accomplice in burglarizing the properties. The alleged accomplice told police that the defendant was armed with a Colt .45 and was not going to go down without a fight.
Police tracked the defendant to a trailer park. After arriving at the trailer park, the accused man allegedly ran to what police claims is a stolen Honda Ridgeline and allegedly fled the scene. Police claim the defendant tried to run an officer over as he fled.
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