Birdsong's Law Blog

Bismarck, ND: Police responding to a domestic disturbance arrived at Stacey Anvarinia’s home to find the mother breast feeding her 6 week old baby in front of them.  And she was drunk, they said!  Officers arrested the woman who later pleaded guilty to child neglect and faces up to five years in prison.

Now her case has touched off  a debate among moms about breast feeding, alcohol — and privacy.

Birdsong has been loath to comment on the recent brouhaha concerning Harvard Professor Henry Louis Gates, Cambridge police sergeant James Crowley and President Obama.  However, a recent news story has made me want to jump in with some advice about how not to use your “Facebook” site.

Let me preface everything I say here by admitting I am a law professor with a pretty good understanding of how the the Fourth Amendment to the Constitution works.  Normally, a police officer is not allowed to arrest a person in his own home without an arrest warrant unless the officer has been in hot pursuit of  such person fleeing  a felony crime.  This was the reason that disorderly conduct charges were immediately dropped  against Gates.  The arrest was violative of the Fourth Amendment.  There was no warrant stating probable cause to arrest him in his own home.  Gates was not a fleeing felon. 

Now the fallout… A woman who was not a lawyer and who obviously knew little about the Fourth Amednment  wrote statements on her Facebook page about the Cambridge arrest that got her ousted from her job.  Writing it may have made her feel good but now she needs another job.  Some thoughts you should not publish on your Facebook pages.  Keep them to yourselves.

Lee Lador, 24, who worked as deputy press secretary to New York’s Manhattan Borough President was forced to resign her  $45,758 a year position after it was revealed that

Birdsong is sitting here in his office this afternoon before class trying to collect his thoughts  for his lecture.  However, his mind keeps wandering back to last night’s press conference conducted by President Obama.  It was our new President’s first press conference and as far as Birdsong is concerned, the “Prez” hit a home run!

01THIS THOUGHT IS FOR BIRDSONG’S FIRST YEAR CRIMINAL LAW STUDENTS WHO TOMORROW WILL TAKE THEIR FIRST LAW SCHOOL EXAM:

1. READ THE QUESTIONS ASKED.

2. MAKE SURE YOU UNDERSTAND THE QUESTIONS ASKED.

3. ANSWER THE QUESTIONS ASKED AS THOROUGHLY AS POSSIBLE.

4. USE THE ENTIRE 3 HOUR PERIOD TO COMPLETE THE EXAM.