A suit by the estate of the late DJ AM says a 2008 plane crash that he survived helped cause his 2009 drug overdose death [ET Online, TortsProf]
Posts Tagged ‘illegal drugs’
Great moments in drug enforcement law
Counting the weight of water in reaching for maximum penalties: “The Minnesota Supreme Court, in a 4-3 decision, has now ruled that Bong Water (water which had been used in a water pipe) was a ‘mixture’ of ’25 grams or more’ supporting a criminal conviction for Controlled Substance crime in the first degree.” [Minneapolis Criminal Lawyer via Greenfield] More: Sullum.
Indiana grandmother prosecuted for buying cold medicine
Sally Harpold was cuffed and arrested for buying two packages of cold medicine within a week in violation of Indiana law, though no one contends she or anyone she knew intended to cook them down into methamphetamine [Terre Haute Tribune-Star] Harpold’s story has been racing around blogs well known to our readers: Radley Balko/Reason “Hit and Run”, Ken at Popehat, Amy Alkon (with bonus kind words for @walterolson), Legal Blog Watch, BoingBoing. The Vermillion County, Indiana prosecutor is offering no apologies.
P.S. A Popehat commenter finds new reason to doubt those reassurances on CPSIA enforcement along the lines of “don’t be silly, they’d never go after grandmothers over rummage sales or homemade crafts“.
DEA’s War on Cold Remedies
It’s taking a toll on liberty, per a Janice Rogers Brown dissent [Volokh; Novelty, Inc., v. DEA (PDF)]
California: medical marijuana must carry Prop 65 warnings
“Joints and baggies sold at California’s medical marijuana dispensaries will soon carry a new warning label” now that a state panel has added reefers to the long list of officially recognized carcinogens that must be warned about under Prop 65. [San Jose Mercury News via CalBizLit]
Teacher’s ordeal began when cops found two pills in her car
59-year-old Melinda Herrick, an art teacher who had been a Teacher of the Year honoree in the Houston schools, was charged with violating the “drug-free zone” law after cops found two Xanax pills in her car; the drug is often prescribed for panic disorder. Herrick protested that the car had been in the shop for repairs for more than a month before the incident; her daughter also drove the car. Students rallied on her behalf and the charges were finally dropped after she underwent a drug test which indicated that she did not use drugs. [Houston Chronicle via Obscure Store]
The thugs wore badges, cont’d
The Philadelphia officers’ excuse for their raid on Jose Duran’s bodega was the same as their excuse for other bodega raids: he was selling grocery zip-lock bags, and Pennsylvania law makes it unlawful to sell containers that a seller reasonably knew or should have known will be used to store drugs. The cops methodically snipped the wires to seven or eight security cameras around the store, and Duran said nearly $10,000 in cash, cigarettes, batteries and other goods then mysteriously vanished from the store. [Philadelphia Daily News and more via Metafilter; earlier] More: Radley Balko.
More on “KopBusters” sting
Last month we noted the controversy about a video purportedly showing police misconduct caught on hidden tape, namely the raiding of a fake “drug house” in Odessa, Texas without probable cause. Orin Kerr @ Volokh writes that it’s looking increasingly likely that there’s less (or more) to the story than meets the eye, and that many bloggers’ initial assumption of police misconduct was too hasty.
Microblog 2008-12-27
Con artists, lawyers, and people who deserve a punch in the face:
- The best stings, cons, and capers of 2008, as chosen by Wired. Particularly clever: the FBI’s reverse con of dozens of identity thieves. And who knew that phone phreaks still exist in the age of the internet?
- Rod Blagojevich’s attorney seeks to compel testimony from high officials in the incoming administration to resist impeachment, while Patrick Fitzgerald asks Illinois lawmakers to hold back to avoid jeopardizing his criminal case. Question: assuming Blagojevich is guilty, which is more important, that his impeachment proceed promptly, or that his criminal case proceed without political interference? Alternative question: Which is more important, good (or at least less corrupt) government in Illinois, or another notch on Fitzgerald’s belt? Final alternative question: if the Obama team was more involved than its own report suggests, why not let things drag out and get the whole story?
- A blog devoted to people who deserve a punch in the face (potentially offensive images, not-work-safe language). Special favorites: “B**** who talks on cellphone at Holocaust Museum” (yes, I have seen this), and “Passive aggressive emoticon user”;
- The heroism and defiance of the crew of the USS Pueblo, released from North Korean captivity a little over forty years ago today. If you click on a link anywhere in this post, make it this one (edit: bad link fixed);
- Contrary to suggestions from Esquire, Barack Obama is unlikely to end the war on some drugs;
- Is OSHA unconstitutional? Is seizing privately owned steel mills unconstitutional? Legal Theory calls this paper “very highly recommended” and I agree;
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Should Jewish (and for that matter Muslim, Hindu, or Buddhist) military chaplains be required to wear a cross? The Navy says yes. I say that if we’re going to bail out Chrysler we can afford a few pins which depict commandment tablets or crescentsSee below for a more interesting discussion from Ron Coleman and others, on something I completely misread; - The right to have children is fundamental, but we remove dogs from conditions that aren’t as overcrowded as those of the Duggar family of Arkansas;
- Extraordinary Popular Delusions and the Madness of Crowds: It’s not just the best book on economic bubbles and downturns ever written. It could be the title of this article on how a leading author on scientific skepticism was fleeced by Bernard Madoff. (Via Crime and Federalism);
- Speaking of delusions, more details on the methods through which attorney Marc Dreier allegedly stole millions emerge in this Bloomberg story.
Walter Olson will be back soon enough, but I’ll note that I have come to appreciate just how good a blogger he is, and how hard Walter works in keeping this site going over the past few days. Perhaps you might show him your appreciation? Vote early, and vote often.
Microblog 2008-12-23
A few odds and ends:
- The University of North Carolina system is debating whether students’ rights to free speech, in a public forum explicitly reserved for free speech, include “hate speech”. To my shame as a UNC alum, I link to a Duke professor who gets it right;
- Ted Frank is a modest man. He hasn’t pointed you to this (non-pdf, easy to read) article on his role as an objector to the sham Grand Theft Auto class action settlement (the article was linked here some time ago, but it was in inconvenient format – readers interested in games, class actions, or lawyerly self-dealing should review it);
- Will Barack Obama seek to relax or repeal federal marijuana laws? Esquire thinks so. I think he lacks the guts. We’ll see who’s right. (Via Crime and Federalism);
- Bathroom sex, cops, wrestling, and catfighting lawyers! Note that not all lawyers who brawl are sexy;
- 20% of Americans think Dick Cheney is the worst Vice President in history. Ergo, at least 20% of Americans have never heard of dueling assassin Aaron Burr;
- Upstate New York Judge orders “living wage” of $13.11 per hour (!) for parking attendants. Unintended consequences ensue;
- Stray thought: if you haven’t seen When We Left Earth: The NASA Missions, you should. It was the best documentary I watched this year.
While I’ll be blogging tomorrow, I suspect that many of you won’t be reading. Have a Merry Christmas, Happy Chanukah, Ecstatic Eid, Joyous Kwanzaa, a very late Merry Diwali for Hindu readers, and for the secular among us, Happy Holidays.