Showing posts with label law. Show all posts
Showing posts with label law. Show all posts

Mar 15, 2012

Homies Can't Hang (Santa Barbara Gang Injunction)


I love the nicknames.....


Defendants Named in Santa Barbara Gang Injunction

 

Eastside
The Eastside gang members identified in the complaint have all been contacted by law enforcement while associating with Eastside gang members, have gang tattoos and have made admissions to Santa Barbara police/a> regarding membership, the complaint alleges.

» Bryan Carreno, or “Sneak E,” has been contacted by law enforcement while in possession of gang writings or wearing Eastside gang attire. The complaint states he was stabbed in a gang fight between the Eastside and Westside on Oct. 13, 2006.
» Edgar Cordova, or “Playboy,” was contacted by law enforcement while in possession of gang writings or wearing Eastside gang attire, was observed displaying gang hand signs in photographs and was arrested for gang-related crimes including assault with a deadly weapon — a firearm. He was arrested in Operation Gator Roll.
» Augustine Cruz, or “Muneco” and “Felon,” is a registered gang member pursuant to the Penal Code and has been arrested for gang-related crimes including gang graffiti, vandalism and petty theft.
» Pedro Garcia, or “Oso,” has been contacted by law enforcement while in possession of gang writings or wearing Eastside gang attire and was observed displaying gang hand signs with other gang members in photographs.
» Raymond Macias, or “Boxer,” has been contacted by law enforcement while in possession of gang writings or wearing Eastside gang attire.
» Ruben Mize, or “Chico” and “Gangster Loco,” was convicted this month of murdering 16-year-old Lorenzo Carachure. He has been contacted by law enforcement while in possession of gang writings or wearing Eastside gang attire, and has been arrested on gang-related charges, including battery, assault with a deadly weapon, attempted murder and murder.
» Patricia Moreno, or “Muneca,” has been contacted by law enforcement while in possession of gang writings or wearing Eastside gang attire, was observed displaying gang hand signs in photographs and was arrested for gang-related crimes including graffiti, vandalism and robbery. She was arrested in Operation Gator Roll.
» Miguel Parra, or “Tripps,” has been arrested for gang-related crimes and convicted of possession of cocaine and a deadly weapon — a throwing star. He is one of four men accused of murdering Ied and was arrested on federal charges during Operation Gator Roll.
» Omar Ramos, or “Sleepy,” has been contacted by law enforcement while in possession of gang writings or wearing Eastside gang attire and has been arrested for gang-related crimes. He was arrested during Operation Gator Roll.
» Ivan Romero, or “Lil Nightmare,” has been arrested for gang-related crimes.
» Humberto Trujillo, or “Smurf,” has been contacted by law enforcement while in possession of gang writings or wearing Eastside gang attire, has been observed displaying gang hand signs in photographs and was arrested for gang-related crimes.

Westside
Westside gang members identified in the complaint have all been contacted by law enforcement while associating with Westside gang members and have made admissions to police regarding membership. Most of the following also have been contacted by law enforcement while in possession of gang writings or wearing Westside gang attire, and have been observed displaying gang hand signs in photographs, according to the complaint.

» Jonathon Alonzo, or “Lonely One,” has been arrested for gang-related crimes including gang graffiti, assault with a deadly weapon and murder. He was charged in the 2009 murder of Baldemar Leal, 22, who was stabbed to death on lower De la Vina Street.
» Cesar Baradas, or “Crazy Boy,” has been arrested for gang-related crimes including fighting with rival gang members and assault with a deadly weapon.
» Christian Botello, or “Tweety,” has gang tattoos and has been arrested for gang-related crimes including assault with a deadly weapon. He was arrested in Operation Gator Roll.
» Enrique Cortez, or “Risky” or “Shadow,” has been arrested for gang-related crimes such as gang graffiti and grand theft auto.
» Daniel Flores, or “Whispers,” has been arrested for gang-related crimes including assault with a deadly weapon and gang graffiti.
» Ruben Flores, or “Lil Woody,” has gang tattoos.
» Marical Garcia, or “Topo,” has gang tattoos and has been arrested for gang-related crimes including battery, robbery and witness intimidation.
» Miguel Garcia, or “Stimpy,” has gang tattoos.
» Denise Lazaro Gonzalez, or “Sleepy Loca,” has been arrested for gang-related crimes including gang graffiti.
» Stacy Ibarra, or “Grumpy,” has been arrested for gang-related crimes including robbery and gang graffiti.
» Edwin Miguel, or “Dopes,” has been arrested for gang-related crimes including possession of a dangerous weapon.
» Miguel Molina, or “Mr. Sparky,” has gang tattoos and has been arrested for gang-related crimes including assault with a deadly weapon and possession of a dangerous weapon.
» Emmanuel Padron, or “Moreno,” has been arrested for gang-related crimes including fighting with rival gang members, and battery causing great bodily injury.
» Marcos Ramos, or “Sneaky,” has been arrested for gang-related crimes.
» Michael Rodriguez, or “Yogi,” has been arrested for gang-related crimes.
» Roy Sarabia, or “Smokey,” is a registered gang member pursuant to the Penal Code and has been arrested on charges of terrorist threats and witness intimidation in the Leal stabbing case.
» Raul Torres, or “Mini,” has gang tattoos and has been arrested for gang-related crimes including assault with a deadly weapon and gang graffiti.
No juveniles are included in the list.

 

 

May 24, 2010

Policing for Profit (The Economics of Civil Asset Forfeiture Laws)



In most states and under federal law, law enforcement can keep some or all of the proceeds from civil forfeitures. This incentive has led to concern that civil forfeiture encourages policing for profit, as agencies pursue forfeitures to boost their budgets at the expense of other policing priorities.

Policing for Profit @ Cato

Policing for Profit: The Abuse of Civil Asset Forfeiture

Forfeiture Endangers American Rights


The Asset Forfeiture and Money Laundering Section provides centralized management for the Department's asset forfeiture program to ensure its integrity and maximize its law enforcement potential, while also providing managerial direction to the Department's components in prosecuting money laundering. The Section initiates, coordinates, and reviews legislative and policy proposals impacting on the asset forfeiture program and money laundering enforcement agencies.


The Asset Forfeiture and Money Laundering Section

May 16, 2010

And In This Corner!! Weighing In At 270 lbs....(Weight Classes for Prisons Revisited)




As discussed earlier in this section, a victim of prison rape is often much smaller and weaker than the perpetrator of the violence. Therefore, while prior violence should certainly be taken into account, the classification system should incorporate the strength and size of the inmate as well. This Note encourages prison officials to continue to use degree of violence as a factor but within that violence classification, to check each inmate for height and weight, and classify each according to a sliding scale, the details of which will be discussed later in this section.


Weight Classes for Prisons Revisited
Bryan Caplan


Beyond the Border: A Comparative
Look at Prison Rape in the United
States and Canada
PHILIP ELLENBOGEN

Oct 4, 2008

Barrett v. Rosenthal (Internet Libel Immunity)

I get all kinds of threats regarding libel and posting of pictures on the net
Barrett v. Rosenthal


Fair Use Act
Notwithstanding the provisions of sections 17 U.S.C. § 106 and 17 U.S.C. § 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:

1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
2. the nature of the copyrighted work;
3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors

Aug 4, 2008

For Lee Carter

Detectives secured a search warrant for an apartment. Just before they were going to execute the warrant, they saw the defendant and another person leave the premises. They seized the two men and took them back to the apartment and executed the warrant. The defendant was also searched. The trial judge denied a motion to suppress on the grounds that the defendant was reasonably connected to the premises. On appeal the Court reversed. "A warrant only authorizes a search of persons on the described property if they are reasonably suspected of being involved in the illegal activity which is the subject of the warrant.... A visitor's mere presence on the premises authorized to be searched is insufficient evidence of criminal conduct to justify a search of his person." The officer had no reasonable suspicion in this case. Calhoun v. State, 627 So. 2d 60 (Fla. 2d DCA 1993).

"[A] person's mere presence at a residence during the execution of a search warrant does not justify a search of that person absent the discovery of something which creates reasonable cause to believe that the person is involved in the criminal activity." In this case the defendant pulled into the parking lot while officers were executing a search warrant in the apartment. An officer recognized him as being a resident of the apartment being searched. The defendant was escorted inside. A search of his person revealed cocaine. A motion to suppress was denied. On appeal the court reversed. Stahl v. State, 634 So. 2d 258 (Fla. 2d DCA 1994).