There’s A Problem With DNA Testing At Crime Labs – They Often Get It Wrong.
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There’s a problem if you buy CBD oil in Idaho – it may be a crime.
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.…
Idaho’s Marijuana Laws Are Tough!
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…
That Medical Marijuana Card Can Prevent You From Buying A Gun!
“She said she was 19. How can I be charged with RAPE?”
I frequently get this question – “how can they charge me with rape? She said she was 19!” The answer is simple, a representation of the age of an apparently consenting person means nothing!
Bupkis! Nada! Absolutely nothing! What matters is the age of the person – that is – the ACTUAL age.…
Stand Your Ground – when, where and who?
Among the changes to Idaho law taking effect on July 1, 2018, is an important clarification of when you can and cannot use deadly force to defend yourself, others or perhaps, your “habitation.” The newest version of Idaho Code 18-4009 lays out the places and people you have a right to defend with deadly force. Previously Idaho focused on one’s home as a place to protect with deadly force. The law now spells out your…
Idaho Self Defense Law Clarified – Stand Your Ground
Idaho’s law protecting a person acting in self-defense gets clarified by the passage of Senate Bill 1313 – which goes into effect July 1st. The real impact is to consolidate and codify existing law to clearly protect the inherent right of a person to defend themselves and others. Idaho law permits a law-abiding citizen to stand their ground and protect themselves and families anywhere they have a right to be. SB 1313 also protects the…
Federal Prisons Are A Terrible Place to Live and An Even Worse Place To Wait For Death!
I just finished reading a news story in the NY Times titled “Frail, Old and Dying, but Their Only Way Out of Prison Is In A Coffin.” It follows reporting by The Marshall Project on the same topic. The bottom line, accurately told by both is this: there are far too many old prisoners who are dying in federal lockup because too many bureaucrats won’t release them. They like rules. We see them…
Facing the opioid crisis? Prepare for battle.
I am at it again, trying to keep a nice young man from a great family out of prison. Again. He awaits his fate. Again. And he is not alone. So many of the people addicted to opiates cycle in and out of the drug and in and out of the justice system. They fight the addiction like we were trained to fight in the Army. One battle at a time. Regroup. Be ready to…
Idaho Supreme Court Rules Admission and Drugs Inadmissible After Pat-Down Search
People frequently ask questions about search and seizure, particularly when the search is not conducted pursuant to a warrant. The Constitution prohibits unreasonable searches. A warrantless search is unreasonable unless an exception to the warrant requirement applies. One common exception permits an officer to conduct a limited “pat-down” search of a detained person for weapons. This type of search originated in a case known as Terry vs Ohio.
What facts justify a pat-down search? Are…