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» Drugs

The Posts at Mimesis Law Continue

I’m still posting twice a week at Mimesis Law. Here are my most recent posts: That asshole who hit that biker really needs a lawyer. People in the system sure protect their own. Sometimes, medical marijuana gives users more power than just legalizing it. Trial is risky. Aluminum foil hats are all the rage in Las Vegas. Whatever you do, don’t twerk a stranger in DC. What’s the right sentence for a hate crime? And this one went up today: Jared from Subway isn’t anything special. … Read entire article »

Filed under: Bikers' Rights, Courts, Drugs, Government Rants, Medical Marijuana

Nothing Better To Do

My biggest takeaway from State v. Foncette is that there must be no crime in Tempe. Officers stopped Foncette, apparently smelled marijuana, and brought a drug dog to the scene. The dog alerted, but they found nothing. They proceeded to follow him to a hotel and walked with the dog down the hallway outside of the room where he was staying. The dog alerted outside of his room, and officers knocked. When he opened the door, officers apparently smelled marijuana again. Foncette left the room when officers asked, but his companion did not. Police then detained both of them, and they subsequently got a warrant for a nighttime search of the hotel room. They found a lot of marijuana. Obviously, there were no burglaries in Tempe that night. I am sure … Read entire article »

Filed under: Arizona Cases, Drugs, Medical Marijuana

Ignoring The Will Of The People

You would never in a million years see an opinion like State v. Hancock in anything but a criminal case. In it, the Supreme Court of Arizona spent its valuable time analyzing a provision that said a certain group authorized to do a certain thing cannot be denied “any right or privilege . . . by a court” for doing that thing. One party was a member of that group, and the other party was trying to have a court deny her the thing a court by law cannot deny her. It might seem like the Supreme Court’s conclusion is beyond obvious, and it surely should be. The problem, however, is that the party arguing the law does not mean what it says is the State of Arizona, … Read entire article »

Filed under: Drugs

Let This Be A Lesson

If you read it carefully, the recent opinion from the Arizona Court of Appeals in State v. Woods can tell you a lot about how criminal appeals work in Arizona. In it, the trial court judge did something very unusual and suppressed evidence obtained during a lawful initial stop and subsequent search of a car because the defendant refused to allow the officer to search some boxes and the officer had no information “to suggest a basis for reasonable suspicion as to the transportation of illegal substances.” The officer had first found the boxes in question during a supposed consent search. The appellate court wrote that the trial court “acknowledged” that their “consistency and density” was “consistent with his experience with packaging of illegal substances.” The use of … Read entire article »

Filed under: Arizona Cases, Drugs

Another Shameful Win For The Drug Warriors

I gave a client a ride to court yesterday morning. He’d flown into the Phoenix airport from the other side of the country and didn’t have transportation. It would’ve been a record-breaking cab fare for him, so I offered and he accepted. We probably don’t have an awful lot in common, and his English is about as good as my Spanish. He’s an incredibly nice guy, though. He fielded one teary phone call after another from one family member after another during the drive. I tried not to eavesdrop, but there was one thing I couldn’t help but catch: Daddy’s going to work. I don’t know how long I’ll be gone. It might be a long time. Be a good boy. Be good … Read entire article »

Filed under: Drugs

A Nice Thought, At Least

When a judge begins a dissent by calling something agents did “a profoundly disturbing use of government power that directly imperils some of our most fundamental constitutional values,” I expect it is going to be a good read. I also assume the case probably arose in Arizona, where most people seem to think fundamental constitutional values should be limited to an appreciation of the sacred right to have law enforcement make sure nobody but them breaks any laws. With the recent Ninth Circuit case of United States v. Black, I was right on both counts. The description of what happened from the dissent in Black is pretty much as spot-on as the analysis. As it explains, the government went to a “bad” part of town to find “bad” people to … Read entire article »

Filed under: Courts, Drugs

Victimless Non-Violent Federal Drug Crimes

I enjoy reading Richard Kopf‘s blog, Hercules and the Umpire. He’s a federal trial judge in Nebraska who mixes self-effacing honesty with humor and the sort of intellect and consistency that tend to be present in the best judges I’ve encountered. It’s a fascinating glimpse into the mind of a man with a lot of power, but it’s also at times a disturbing glimpse into the world of someone who can make the things he believes have real impacts on the real people who appear in front of him no matter how wrong he might be. A post of his from last month asked, “Are drug crimes ‘victimless’?” He previously wrote more about his views in another post entitled “No more bullshit: In the federal courts, there is … Read entire article »

Filed under: Drugs, Judges

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