This summer the Idaho Supreme Court considered the circumstances in which a law enforcement officer may make an arrest for a misdemeanor not committed in his or her presence. State v. Clarke involved an arrest for misdemeanor battery reported by a woman in a park. She claimed Clarke had harassed her and grabbed her rear-end. Clarke admitted he had touched
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Deadly force.

The subject is frequently in the news and often becomes the subject of even local conversation. When a law enforcement officer uses deadly force against someone it amounts to a seizure of that person, and the Constitution prohibits unreasonable seizures. So the simple question posed in such a case is whether deadly force was reasonable under the circumstances
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A while back (what’s a couple months between friends) I wrote a post about inherent bias and prejudice, the premise of which was that it is difficult for the defendant to win any criminal case because jurors – the decision makers – start with a bias in favor of the prosecution. They prejudge the defendant because he is charged with
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Impartiality is a myth. So the idea that you will start with an impartial jury or fact finder (maybe a Judge) misses the mark. We all have inherent bias and prejudice that colors our decision making. All of us.

Let’s start with a simple example involving cars. I have a bias (or preference) in favor of Westfalia vans and Porsche 911s. The two are polar opposites – sexy German sports car and utilitarian German fun wagon. If I had both in my garage I would be a happy camper. Over time I have had both but modern automobiles have taken my eyes away from each. So too the two grandkids I cart around daily.


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Slate Magazine has done a great job recounting what happened at Ruby Ridge in its Podcast Standoff. Listening now and remembering how life can turn in an instant. Want the inside story? Ron Howen, Gerry Spence and others tell the story from their viewpoint. Episode 4 tells how the FBI held back the most important evidence in the case,
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Boise State University Professor Dr. Greg Hampikian is a  Biologist whose work has identified persons wrongly accused and convicted of crimes. He is regarded as one of the foremost forensic DNA experts in the United States and beyond. He is the founder of the Idaho Innocence Project, which, along with other state Innocence Projects, has helped to clear hundreds of persons wrongly convicted. Those convictions have often been based on faulty science and false confessions. So when he tells us that DNA testing at crime labs is suspect and results may be misleading, we should pay attention.

Dr. Hampikian’s op-ed in the New York Times yesterday should sound a bell for any person who faces criminal charges supported by DNA test results. Dr. Hampikian reports that in a recent reliability study, 74 out of 108 crime laboratories implicated an innocent person in a hypothetical bank robbery.


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Yesterday I posted about Idaho’s tough marijuana laws.  Is Idaho any closer to legalizing marijuana-based products? How about cannabidiol (CBD) oil? I don’t think so.

It seems like every week I receive an email solicitation offering to sell me CBD oil, ordered online and delivered by mail to my home or office.  Each such offering indicates that CBD oil is a lawful product in all states, including Idaho. I am not so certain.


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Idaho’s Marijuana Laws Are Tough – Maybe Even Unfair!

I spent time yesterday driving to and from a rural courthouse in Western Idaho for a hearing on a marijuana case. The charge – felony possession of marijuana – arises out of a car having been stopped near the Oregon border during early morning hours for traveling too slowly. That’s right, too slowly. Officers claim they smelled marijuana, and the Oregon driver admitted the illegal weed was on board. As the amount exceeded 3 ounces, the client faced a felony, with the possibility of five years in prison and a $10,000 fine.


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In 2016 the Ninth Circuit Court of Appeals ruled in Wilson v. Lynch (9th Cir. Case No. 14-15799) that medical marijuana cardholders are prohibited from purchasing firearms based on federal regulations.  The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) sent an Open Letter to gun dealers in 2011 stating that, “If you are aware that the potential transferee is in possession of a card authorizing the possession and use of marijuana under State law, then you have ‘reasonable cause to believe’ that the person is an unlawful user of a controlled substance. As such, you may not transfer firearms or ammunition to the person.”

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