Tag Archives: investigations

Unanimous Decision by the California Supreme Court to searches and uphold the concept of probable cause.

The following article was taken from the 89.3 KPCC web site.

http://www.scpr.org/news/2016/12/06/66913/california-supreme-court-limits-police-searches/

“Police officers may only conduct a search following a traffic stop if they believe there is probable cause a crime was committed, the Supreme Court ruled unanimously Monday in a child pornography case involving a bicyclist pulled over for rolling through a stop sign.

Torrance police stopped bicyclist Paul Macabeo in 2012 after following him a short distance with their patrol car’s headlights off. They acknowledged he was not riding erratically and did not try to flee.

Macabeo was arrested after the officers searched his phone and said they found photos of underage girls.

The state’s highest court said that when officers stopped Macabeo, the most they could have done to him was give him a traffic ticket. Because they had no probable cause to arrest him for a crime, they had no cause to search his phone.

“Under these circumstances the search violated the Fourth Amendment,” the justices ruled in their 24-page opinion citing a person’s Constitutional protection against unreasonable searches.

They ordered the case returned to a state appellate court, which was directed to instruct a trial court to suppress any evidence gathered from the phone.

The officers said they searched Macabeo’s phone after he appeared fidgety and told them he wasn’t sure if he was still on probation for a previous crime. It turned out he wasn’t on probation.

When one of the officers asked if he could search through Macabeo’s pockets, the cyclist told him he could. After the officer removed the phone from Macabeo’s pocket, he handed it to another officer, who found the photos.”

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Money to Municipalities will do a lot to drive the legalization of marijuana.

The town of Coalinga, CA decided to bet it’s future on building a prison.  The town lost the bet and the prison sat unused.  Nothing was gained but debt to the community.  The city council decided to the sell the prison for over $4,000,000.00 to a company in Southern California that grows and produces medical marijuana.  Now a place that would have housed offenders of the various marijuana related criminal statutes will in fact be a home to the production of the medical marijuana products.  According to the article at the link below at least 100 jobs have already been created.  It appears that the ability of municipalities and states to generate cash from marijuana will do more to drive the move to legalize it than anything else.

Coalinga, CA sells it’s prison to a Medical Marijuana company.

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A Sad Anniversary

On a hot, sunny Saturday morning three years ago today, Leila Fowler was brutally murdered in her home on Rippon Road in Valley Springs, CA.  Calaveras County believes the killer is behind bars despite the remarkable lack of evidence to support that conviction.

We honor Leila by continuing to search for the real killer and interviews with witnesses we were unable to reach have been conducted as recently as yesterday evening.

If anyone has any information they believe was overlooked or never followed up on please let us know.

 

 

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It can happen anywhere.

Throughout the Leila Fowler murder investigation and trial, the prosecution relied heavily on the fact that no one saw anyone go into or away from the Fowler house on the morning of Leila’s murder.  No one heard any screams either.  Therefore, Isiah Fowler (the only person known to have been in the house at the same time) must be guilty.  His story of an intruder killing his sister must be false.  No one could get into and out of the house without being seen.

WRONG

For example, on Saturday February 13, 2016 Lodi, CA police were called to a house in a tightly spaced development on the 2300 block of Woodlake Circle, after a relative found the body of 74 year Dorothy Wiederrich.  Ms. Wiederrich was stabbed to death.  Neighbors did not call the police because they didn’t see or hear anything.  Someone got in, brutally killed this woman and then escaped and no one saw or heard a thing.

It happened in Valley Springs, CA.  It just happened in Lodi, CA.

It can happen anywhere.

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Next Class at the Learning Exchange is Thursday, November 5, 2015.

The next class on how to conduct your own searches for people and other information will be onThursday, November 5, 2015 at 6:30 PM.  The address is 1111 Howe Ave., Sacramento, CA.  Seating is limited, so sign up now.  For more information and on-line registration go to http://www.learningexchange.com/index.cfm?method=ClassInfo.ClassInformation&int_class_id=57442&int_category_id=0&int_sub_category_id=0&int_catalog_id=0.

I look forward to seeing you there.

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The real travesty in Deflate-gate!

Teds Wells, an attorney with the firm of Paul/Weiss in NYC claimed during a press conference today in which he defended his report on Deflategate, that the cost of the investigation “was in the millions of dollars.” (Associated Press)

Millions of dollars?

Really?

How is that possible?

Watergate cost millions of dollars, Iran Contra cost millions of dollars, investigating allegations of football tampering should not cost in the millions of dollars.

How many people were interviewed?  If the bill was just one million dollars and 500 hours were spent on the investigation that would be $2,000.00 per hour.

I’m sure that Mr. Wells does not come cheap.  According to the Paul/Weiss web site here are some of Mr. Wells’ career hightlights.

“A partner and co-chair of the Litigation Department, Theodore V. Wells, Jr. has extensive litigation experience in white-collar criminal defense, complex civil and corporate litigation, SEC regulatory work, healthcare fraud, FCPA, AML and OFAC investigations, environmental matters and class action litigation. 

In 2010 The National Law Journal named Ted one of “The Decade’s Most Influential Lawyers” and over the years has repeatedly selected him as one of the 100 most influential lawyers in America, including naming Ted as the Lawyer of the Year in 2006. Ted also has been recognized as one of the outstanding jury trial lawyers in the United States by numerous publications including Chambers USA, which in 2012 recognized him as “the best trial lawyer in the country.” In both the 2013 and 2014 editions of Chambers USA, Ted was named a Star Performer in three categories: nationwide trial litigation, New York general commercial litigation and New York white-collar crime and government investigations, and Benchmark Litigation named him in similar categories. The Legal 500 has recognized him as a Leading Lawyer in white-collar criminal defense and as a Leading Trial Lawyer.”

His education is very laudable and very New England by the way.

J.D., Harvard Law School, 1976

M.B.A., Harvard Business School, 1976

B.A., College of the Holy Cross, 1972

His firm is located on the Ave. of the Americas in New York City.  Surely monthly rent is a big nut to carry, but it seems he is trying to cover that with this one case.

Where to I send my resume?  I can save the NFL owners a lot of money in the future.

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If Boulder wasn’t ready to handle the Jon Benet Ramsey murder, is any small town ready to handle anything similar?

The following is taken from the following ABC News link: http://abcnews.go.com/Technology/wireStory/police-chief-jonbenet-ramsey-crime-scene-mishandled-29217627?cid=fb_abcn_sf

 

In his most extensive comments on the JonBenet Ramsey case, the formerColorado police chief who led the investigation into the high-profile 1996 slaying of the 6-year-old beauty queen acknowledged online that officers botched the initial handling of the crime scene.

Mark Beckner, former chief of the Boulder Police Department, participated Saturday in an “Ask Me Anything” session on the social-networking and news site Reddit. He told the Daily Camera on Tuesday that he didn’t realize his comments would filter out to the rest of the world.

“I talked to the organizer, and my impression was that this was a members-only type group that talked about unsolved mysteries all around the world,” said Beckner, 59.

JonBenet Ramsey was found dead in the basement of her family’s home on Dec. 26, 1996, after her mother, Patsy Ramsey, called 911 to say her daughter was missing and a ransom note had been found.

In the Reddit forum, Beckner said police should have separated JonBenet’s parents and gotten full statements from Patsy and John Ramsey that day. The case was initially mishandled due to a “perfect storm type scenario,” he wrote.

“It was the Christmas holiday and we were short staffed, we faced a situation as I said earlier that no one in the country had ever seen before or since, and there was confusion at the scene as people were arriving before we had enough personnel on the scene,” he wrote online.

No one has been prosecuted in the case. Court documents released in 2013 show a grand jury recommended indictments against the Ramseys, contrary to the long-held perception that the secret panel ended their work in 1999 without deciding to charge anyone.

At the time, then-District Attorney Alex Hunter didn’t mention an indictment, saying only that there wasn’t enough evidence to warrant charges against the Ramseys, who had long maintained their innocence.

In 2008 — two years after Patsy died — former District Attorney Mary Lacy cleared the Ramseys of any role in their daughter’s death, based on DNA evidence that pointed to the involvement of a third party.

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