Archive for December, 2009

Courts Set Standards For Police Taser Use

Tuesday, December 29th, 2009

In recent years, tasers have been hailed as an excellent non-lethal weapon for the police force to use to subdue unruly criminals. Unfortunately, both “unruly” and “non-lethal” have proven to be a bit subjective in practice. Police around the country have face controversy as they have used the weapons against unarmed persons who pose no risk to the officers and the public. Even worse, some people with medical issues have been hospitalized, even killed, by these supposedly harmless tools.

A federal court of appeals recently looked at this issue and has issued the most restrictive ruling yet regarding the police use of these weapons. The court declared that many uses of tasers violate the suspect’s rights to be free from excessive force. The court opinion seemed to imply that police should evaluate all aspects of a situation before using the weapon. Factors they need to be wary of include the suspect’s level of threat, the crime the suspect is accused of, and if the suspect is mentally troubled.

San Diego criminal lawyer Eugene Iredale, who argued the case, says it is a landmark decision and one of the clearest statements regarding the law enforcement tool’s use to date.

To read more about the court decision, see the article in the Modesto Bee. Image Via Oldmaison [Flickr]

Authorities Worry Border Patrol Increasingly Corrupted

Tuesday, December 22nd, 2009

The recent arrest of Border Patrol Agent Luis F. Alarid has authorities increasingly worried about the possibility of Mexican drug cartels infiltrating the U.S. Border Patrol, even as the agency steps up its enforcement of the border. Alarid is accused of purposefully waving in marijuana- and immigrant-filled trucks across the U.S. border in exchange for over $200,000 in cash. But Alarid is not the only agent who has been subject to corruption from the cartels.

Anti-corruption investigators say that the cartels research potential targets and then offer them sex, drugs, money –whatever it takes, in order to get the agents to join their team. Many of the defendant’s San Diego criminal attorneys believe the newly-hired agents can be easily swayed because their $70,000 a year paychecks are minuscule compared to the payments they can receive for smuggling through only a few illegal trucks.

Arrests of agents has gone up 40% in the last few years. Officials even believe the cartels are urging their own operatives to seek out positions in the agency. As long as the person has no criminal record, the admission to the agency may be somewhat easy. The rash of hiring at the agency has made the corruption even easier; “there is so much hiring; if you have a warm body and pulse, you have a job,” said one investigator.

To read more about the increase in corruption, see the article in the New York Times. Image Via Jim.Greenhill [Flickr].

Ex-Wrestling Coach Pleads Not Guilty To Molestation Charges

Tuesday, December 15th, 2009

untitledA former volunteer wrestling coach from Westview High School has plead not guilty to molestation charges and other accusations, including rape by foreign object, sexual battery, committing a lewd act on a minor, false imprisonment and attempting to dissuade a witness. The offenses are believed to have occurred in February. Police began investigating after a girl came forward last month.

The man, Ryan Paul Carnell, could face over 9 years in prison if he is convicted. While Carnell was already out on a $125,000 bail, the judge in the case raised the bail amount to $500,000 and Carnell was led away from court in handcuffs. Carnell’s San Diego criminal attorney, Stephen D. Klarich, has not made any statements about the not-guilty plead.

Carnell is already awaiting sentencing in a similar trial where he was found guilty of sending a photograph of his penis to a teenage girl.

To read more about the case, see the article on Sign On San Diego.

Authorities Finding Jessica’s Law Difficult To Enforce

Monday, December 7th, 2009

dave mcmtIn 2006, California voters passed the proposition to put “Jessica’s Law” into effect. In theory, this meant that registered sex offenders would no longer be able to live within 2,000 feet of a school or park. Unfortunately, the vagueness of the law and lack of penalties for violations is making it impossible for police to enforce. More than 70 percent of the city’s sex offenders are violating the law.

Authorities say the law does not specify whether it applies to all sex offenders or only those who were convicted after the law took effect. Also, they claim there are no punishments for those who violate the law, making it pointless to go after the offenders. San Diego criminal lawyers say many of their clients actually want to follow the law, but the 2,000 feet from any school or park requirement leaves them with few housing opportunities. As a matter of fact, four sex offenders have challenged the residency restrictions and their case will soon be heard by the state Supreme Court. The court’s ruling is expected in February.

For now, the requirement seems to be causing more offenders to become transient, and thus harder to track. A recent report found that in 2006 San Diego only had 88 transient sex offenders, but in 2008, the number rose to 1,056 –an 1100% increase. Experts worry that by pushing offenders into transient status, the state is actually increasing the likelihood of repeat offenses.

To read more about this complex issue, see the article on Sign On San Diego. Image via Dave mcmt [Flickr]

Police Use Graffiti Tracker To Catch Vandals

Tuesday, December 1st, 2009

scragzThe Escondido police have developed a new, highly-effective method of tracking graffiti artists. Now whenever the police receive a call regarding a tagging incident, they take pictures of the vandalism with a camera equipped with GPS. This allows the department to use a graffiti specialist to identify other graffiti pieces done by the same person and help narrow down his or her home area and track the vandalism.

“When we catch that individual, we can charge him not only with that graffiti crime, but all the other ones as well,” Escondido police lieutenant Bob Benton said. “By looking at the locations we can essentially see where the suspect may live because what we’re finding is a lot of times suspects tag right around their homes. So, what we can do is they happen in a certain neighborhood and then we can start tracking to see who’s tagging in that neighborhood and try to track the individual that way”

Just Monday, a 19 year old graffiti artist was arraigned on six felony and 146 misdemeanor vandalism charges. His San Diego criminal lawyer has issued a plea of not guilty and they will return to court next month to begin the trial.

Police believe the graffiti tracker will not only help them prevent graffiti and catch those who commit the crime, but also help property owners receive restitution funds for the damage done to their homes and businesses.

To read more about the new graffiti tracking system, see the article on 10 News. Image Via scragz [Flickr].