This week, the New York Times published an article about law enforcement’s use of facial recognition software. The article specifically mentions the San Diego Police Department, and accuses it of misuse of this software. Facial recognition software is a new technology to local law enforcement. It was first utilized by…
David Lee Windecher grew up poor in Miami in a community burdened by guns and drugs. Against the odds, Windecher rejected the world in which he was a self-described “gangster,” to become a lawyer and mentor for at-risk youth. Before renouncing gang life, Windecher was arrested 13 times. He is…
Although they may not be the best tool for the identification of drunk drivers, DUI checkpoints are still commonly used in the San Diego area (and throughout the state of California). The efficiency and accuracy of these checkpoints are debatable. DUI checkpoints were modeled after roadside safety checks as well…
We are seeing an increase in news about people resisting arrest. These mishaps began to enter the public consciousness with the Rodney King video release, and continue through situations like the Trayvon Martin case in Florida. Most people who are arrested will not resist the arrest, all too often out…
California voters passed Proposition 184 in 1994. Proposition 184 created the “Three Strikes” sentencing law, significantly increasing the penalties for second and third offenders of serious felonies. According to the California Penal Code, when a defendant has at least two previous “strikes,” he or she is eligible to be sentenced…
Whether you have a felony, misdemeanor, or infraction conviction, you can petition the court to expunge your criminal record. However, it is a common misunderstanding in California that getting a California Expungement means you get your criminal record completely destroyed or tossed in the trash. That is far from the…
The Law Enforcement Assisted Diversion (LEAD) program started out as a pilot program in Seattle. The program was quite successful and is now being used by some counties in California. LEAD was developed as a solution to low-level drug and prostitution crimes. It is designed to rehabilitate a certain group…
The New York Times has reported that the U.S. Department of Justice will most likely file federal hate crime charges against Dylann Roof, the suspect of the shooting that occurred this week at a church in Charleston, South Carolina. Roof is currently facing nine counts of murder and may face…
A felony conviction can result in time spent under incarceration for at least one year. But a felony’s impact does not end there. In California, various privileges and civil rights enjoyed by the general population can be lost due to a felony conviction. It can be increasingly difficult to find…
Okay, California will probably not legalize prostitution, but one California nonprofit thinks it could be possible. Erotic Service Provider Legal Education and Research Project (ESPLER) is trying to legalize the profession by arguing that prostitution’s illegality violates the Fourteenth Amendment of the Constitution. ESPLER argues in its complaint that laws…