Archive for August, 2008

An Important Court Ruling For Potheads

August 26th, 2008 by Leonard Birdsong


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Criminal Law Reporter Banner
Volume 83 Number 17
Wednesday, July 30, 2008
Page 667
ISSN 1525-2213
Court Decisions
Search and Seizure
Arresting Everyone in Vehicle on Basis
Of Pot Aroma Violates State Constitution
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      • The Washington Supreme Court July 17 relied on the privacy guarantee in its state constitution to hold that a police officer’s detection of the odor of marijuana emanating from a vehicle with multiple occupants does not provide probable cause to arrest all of them. The court, which has frequently found the state constitution more protective than the Fourth Amendment, declined to embrace what it called the “‘common criminal enterprise’ inference” endorsed by the U.S. Supreme Court in Maryland v. Pringle, 540 U.S. 366, 74 CrL 183 a0a7w8y4q9 (2003). (State v. Grande, Wash., No. 81068-1, 7/17/08)In this case, a police officer noticed a car with very darkly tinted windows and pulled it over. On smelling the scent of marijuana coming from the vehicle, the officer placed both the driver and her passenger–the defendant–under arrest and searched their persons. He found a pipe with a small amount of marijuana on the defendant.

Florida Bar Gives Thumbs Up on Overseas Outsourcing

August 26th, 2008 by Leonard Birdsong


Here’s Dee Dee, Birdsong’s girlfriend, on more exporting of  American jobs, this time too close for comfort.

We have a duty to stop the hemorrhaging of jobs out of the U.S.  And, during this week of the Democratic convention, If the Democratic party wants the winning ticket,  it must vociferously commit to keeping work here at home for Americans and must milk it for all its worth.  Some of you will remember the 1992 Democratic campaign slogan, It’s The Economy, Stupid that catapulted President Clinton into the White House.   This time, the party will win on, ”IT’S KEEPING LOCAL JOBS LOCAL STUPID!!!”

Manufacturing jobs have dried up, so Americans are told to get retrained in another skill-one that requires the employee to provide front-line service. 

Like Lawyers or Paralegals, for instance, right?  Wrong!!! Just last month,  the Florida Bar Association’s Board of Governors affirmed Proposed Advisory Opinion 07-2. 

A Birdsong Thought For The Day

August 25th, 2008 by Leonard Birdsong


On her 88th birthday Birdsong’s granny told him, “Sonny boy I am still around and kicking — just not very high.”  Do some of us feel like that even though we’re much younger than granny was at the time?

…Think about it.

–Birdsong

Convention Against Torture

August 24th, 2008 by Leonard Birdsong


This Post is for students in Prof. Birdsong’s Refugee Law Seminar.

CONVENTION AGAINST TORTURE
and Other Cruel, Inhuman or Degrading
Treatment or Punishment

 

The States Parties to this Convention,

Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

1951 Convention and 1967 Protocol for Protection of Refugees

August 24th, 2008 by Leonard Birdsong


 

http://www2.ohchr.org/english/law/refugees.htm

http://www1.umn.edu/humanrts/instree/v2prsr.htm