An overnight pooper had been striking at a track at a New Jersey high school. Feces had been found on the track daily, and authorities set up a surveillance operation to determine who had been leaving the presents every morning. Holmdel, NJ police caught the serial pooper in the act, and it turned out to be Thomas Tramaglini, who just happened to the superintendent of the neighboring Kenilworth school district. There’s been no comment, and no explanation as to why Tramaglini felt the need to leave little gifts on his morning run.
Tramaglini, 42, has been charged with lewdness and, naturally… littering. He may have a defense to the lewdness charge, which generally requires doing so with the intent of it being observed by other people, and there’s no indication that he wanted to be observed. The littering charge… that’s the kicker!
This one leaves me speechless. Normally our weird battery stories don’t involve significant injury (excepting the death by wedgie), but this one tragically ends in death. Laciana Tinsley, a 42-year-old woman from New Jersey, beat her elderly husband to death with a fire extinguisher. She has been charged with murder, after he died as a result of multiple blows to the head.
Her attorney has indicated that she claims to have been acting in self-defense. He says there was a history of violence, and that the alleged victim was trying to suffocate her when the killing occurred.
Tammy Lynn Powers was arrested Saturday in Fort Myers, FL after allegedly having public sex in a residential neighborhood. Deputies responded to, and I’m not making this up, the intersection of Kentucky Road and New Jersey Boulevard regarding reports of a naked man walking around. When they arrived, they saw the man and Ms. Powers engaged in sex against the side of the man’s pickup truck… because there had to be a pickup truck involved in this story. And beer… they were visibly intoxicated.
The responding deputy questioned the man, who cooperated and was released. Powers, however, tried walking away, ignored the deputies orders, refused to provide her ID and cursed at the deputy. She was ultimately arrested for indecent exposure and resisting arrest.
Her reluctance to cooperate was due to an outstanding warrant for a violation of her Collier County probation.
Posted in Criminal Law, DUI, Florida, Fort Myers / Lee County / Southwest Florida #SWFL
Tagged fort myers, indecent exposure, kentucky, lcso, new jersey, resist arrest, sexcrime, sexonthebeach, tammy powers
Buddy, say it ain’t so!
Elf on a Selfie
New Jersey officers were called out to a suspicious vehicle in a Target parking lot. They found a man passed out inside, and he was dressed like the Elf on the Shelf. 23 year-old Brian Chellis performed poorly on Field Sobriety Exercises, and was arrested for DUI.
Reminds me of a client I represented a few years ago who played Santa Claus. The cop who arrested him admitted under oath that he was a “jolly” fellow. Somebody is getting a lump of coal this year.
Full story: http://www.nj.com/morris/index.ssf/2014/12/cedar_grove_man_dressed_as_elf_arrested_for_dwi.html
- Major Appellate Court Ruling: the 3rd Circuit Rules that a warrant is required to place a GPS tracking device on a vehicle
In 2012, the Supreme Court ruled in United States v. Jones, (132 S.Ct. 945, 2012,) that placing a GPS tracking device on a vehicle does constitute a search. The Supreme Court declined to rule whether such a search required a warrant, or if such searches are therefore unreasonable under the Constitution. The lower courts had punted on the issue since then, allowing good faith exceptions for GPS devices placed prior to the Jones ruling. This week, the 3rd Circuit issued a ruling that declared that not only does the placement of a GPS tracking device on someone’s vehicle constitute a search, such searches do require a warrant. United States v. Harry Katzin, et. al. (Docket No. 12-2548, Fed. 3rd Cir, 2013). [Case text included in linked Wired story.]
This does not prevent the government from using GPS tracking devices, it merely requires that the Constitutional warrant requirement be adhered to before they do so. The agents and prosecutors in the Katzin case knew about the Jones ruling, but did not bother to even ask for a warrant, even though they probably could have gotten one. Now, the evidence obtained as a result of the search will be excluded from any future trial, due to the government’s willful disregard for the Defendants’ Constitutional rights. This case will likely set a strong precedent, as it is in line with recent Supreme Court holdings.
In Florida, the Jones case has been followed in appellate cases refuting warrantless searches of cell phones [Smallwood v. State, 113 So.3d 724 (Fla. 2013)], and limiting officers who come onto property without warrants for investigatory purposes [Powell v. State, 120 So.3d 577 (Fla. 1st DCA 2013)].
via drudge: http://www.wired.com/threatlevel/2013/10/warrant-required-gps-trackers/
Posted in 4th Amendment - Search & Seizure, Criminal Law, Federal, Supreme Court
Tagged delaware, federal, gps, jones, maryland, new jersey, pennsylvania, search, supreme court
Been busy around these parts, and haven’t gotten to keep up on the blog, but this warranted a note. Paul Bergrin, former prosecutor and high-profile defense attorney, was sentenced to life in prison earlier today. Specifically, he was given concurrent life sentences on 6 of the counts, and sentences on the other convictions as well. One life sentence is sufficient, as the Federal system does not allow for parole under such circumstances. Bergrin intends to appeal the convictions.