Monday, March 31, 2014

Switching from iPhone to Android?

Unfortunately, you will have to pay for the app again. I have no control over switching to Android—I can only help those that switch from Android to Apple. I can only cancel Android orders and issue Apple promo codes, all of which serves to benefit switching to Apple. But, if I cancelled your Android order after you made the purchase, you would not be eligible for the updates through Google Play.

But, you'll be back to iOS. �� Users almost always revert back to iPhone after experiencing the troublesome Android OS. You will also notice my app does not have all the bells and whistles that it has on your iPhone. Some features are not possible to create on Android because Android devices have an array of different OS versions, some that support some features and others that do not. It's like the buffalo theory—I can only develop an app as best as the oldest, most popular OS. With Android, it is up to the device manufacturer to provide an update, whereas Apple allows all of their devices to be updated to allow the same features. On the flip side, you will find many apps in Google Play that Apple declined to approve for sale in the Apple App Store, like malware. Lol. But seriously, there are some pretty cool police apps on Android that are not available on Apple. Hope to see you return to your iPhone soon!

Tuesday, April 16, 2013

EvidenceCam's UTC Timestamp

The app does not use the device's time or time zone because users were found to be altering the date of their device, which resultantly changed the timestamp on the photo. This of course creates a significant issue regarding evidentiary integrity. Though you may not be using the app for evidence and only need a basic timestamp, the intended use of the app is for evidentiary purposes.

The app uses NTP (national time protocol), which uses the UTC international time standard. Due to the irregularity of the earth and the sun's movements, the exact time needs to be modified occasionally through the use of leap seconds. UTC provides this precise accuracy of time. UTC is based on zero degrees longitude and passes through the Greenwich Observatory so that atomic time is utilizes and leap seconds are added to the clock every so often. UTC was used beginning in the mid-twentieth century but became the official standard of world time on January 1, 1972.

UTC is 24-hour time, which begins at 0:00 at midnight. 12:00 is noon, 13:00 is 1:00 p.m., 14:00 is 2:00 p.m. and so on until 23:59, which is 11:59 p.m.

Because UTC time is indicated on the photo, users need to add/subtract their time zone differences to determine the image's local time. Users can find their time zone difference here:http://www.timeanddate.com/worldclock/converter.html

Obviously, it would not be fair to have the timestamp permanently maintain your specific time zone - others users in different time zones would not take kindly to this. UTC is the only time zone universally accepted around the World.

HOWEVER, due to customer demand, soon users will be able to select whether or not they want to use their device time (i.e. local time) or UTC time.

I apologize if this has caused any inconvenience for you.

Saturday, November 3, 2012

A New Trend: Dont Sue the Police, Prosecute Them.

In September 2012, two Delaware County, Ohio deputies and a State Highway Patrol trooper were charged after they failed to arrest a drunken man who spoke little English and left him at a Taco Bell. Not long afterward, the man was struck and killed by a vehicle. All three officers were charged under the Dereliction of Duty statute, which states, “No law enforcement officer shall negligently fail to prevent or halt the commission of an offense or to apprehend an offender, when it is in the law enforcement officer’s power to do so alone or with available assistance.” Based on the language of that statute, officer discretion ceases to exist. If you follow the logic of the prosecution, a police officer could be prosecuted for failing to stop a jaywalker who is then struck by a car. The responsibility and blame for the outcome is being misplaced. In a very similar 5th Circuit case alleging federal civil rights violations, police officers took plaintiff’s decedent out of a bar on a drunk and disorderly charge and when advised by the jail that the jail was full, the officers left him at a gas station five miles from his home, allegedly at the decedent’s insistence that he would call his wife. Half an hour later the decedent was struck and killed by a car on the highway. The court ruled the officers were not liable for failure to protect the decedent from private violence. Kovacic v. Villarreal, No. 10-40208 (5th Cir. 2010). Peculiar how law enforcement officers can be criminally liable for something the Federal court has opined is acceptable.

On Feb. 5, 2009, St. Charles County, Missouri sheriff’s deputy Christopher Hunt was searching for Phillip Alberternst, who was wanted for several felonies related to meth-making. Alberternst’s girlfriend called deputies advising she was in the residence with the fugitive who was asleep. Upon arrival, the girlfriend refused to cooperate and Hunt kicked in the door. Alberternst resisted arrest and jail intake staff noted a few scratches on Alberternst from the struggle. In October 2012, Hunt was convicted of felony burglary and sentenced to five years because he broke into the home and “assaulted” Alberternst. Rick Rosenfeld, a criminologist at the University of Missouri at St. Louis later stated, “I frankly have never heard of an officer being charged with breaking and entering – burglary – for entering a residence without a warrant.” In this case, St. Charles County officials support Hunt, is paying for his criminal defense and attempted to write a 10% check for his appeal bond, though the judge would not allow it. St. Charles County Sheriff Tom Neer continues to back Hunt and employ him in an administrative position even after his conviction. Here we are again with a criminal charge contrary to a Federal court’s opinion allowing such conduct. In Payton v. New York, 445 U.S. 571 (1980) the U.S. Supreme Court ruled officers may force entry into the home of the subject with an arrest warrant where they have reason to believe the subject of the warrant is home at the time. In Hunt’s case, news reports as to whether the home belong to Alberternst or his girlfriend differ. Accordingly, Steagald v. U.S., 451 U.S. 204 (1981) may apply, which held, absent exigency or consent, officers must obtain a search warrant before entering the home of a third party to make an arrest of a non-resident; an arrest warrant is insufficient. Therein lies the problem; it takes an officer going against the grain of what has been established in precedent for new case law to be established. It takes an officer doing what he thinks is right, often times in a split-second environment, and a prosecutor arguing the officer’s decision is a righteous one (not criminally charging him). This is the mentality needed to establish new case law that is practical given the fact-pattern established in the Alberternst case. But this is not the case – these officers are being criminally charged for going against the grain – conduct that has historically inspired great case law.

Many officers do not realize how case law is established within their respective federal circuit. Federal law provides that a three-judge panel be embodied so a majority decision can be determined, otherwise known as a “judicial panel.” However, each circuit court is not comprised of only these three judges; there are 282 judges covering all 13 federal appellate circuits (average of 22 judges per circuit). Both law enforcement officers and lawyers know opinions change when the slightest fact changes. Thus, it can be said that what a judicial panel has previously opined can be overruled by the same three judges or any of the possible 1,540 combination of judges forming a judicial panel from within the same circuit. And yet law enforcement officers are required to abide by the precedents established within their district and the U.S. Supreme Court or face civil liability under 42 U.S.C. § 1983, or as we now know, criminal liability.

When is the last time you received a legal update from your agency’s law department? We are expecting police officers to make legal decisions in a system that lawyers cannot keep up with. Worse yet, we are prosecuting officers when their actions are the slightest bit out of line with established precedent. With this prosecutorial culture, anything subjective in our line of work is open for prosecution. Conduct a Terry stop where the prosecutor argues reasonable suspicion ceased to exist and face possible unlawful restraint charges. Handcuff and transport a suspect based on probable cause that is later determined to be tainted and face possible kidnapping charges.

On May 4, 2009, the U.S. Supreme Court defined what the criminal element “knowingly” should be interpreted to signify in the case of Flores-Figueroa v. United States, 129 S. Ct. 1886 – 2009. The court held that ordinary English grammar suggests that the term “knowingly” applies to all of the statutory elements. The court rejected the government’s focus on what the words necessarily imply (that is – “John knowingly threw away the homework of his sister” does not necessarily imply that John knew the homework belonged to the sister) in favor of a test that looks at the words would ordinarily imply (that is -- that John knew whose homework it was). In criminal law, courts are typically required to apply the required mens rea to every element in a statute.

Taking Flores-Figueroa into consideration, are prosecutors establishing the required mens rea to criminally charge and convict law enforcement officers? The Washington state legislature addressed this very issue by requiring malice or an “evil intent” to offenses that other states would charge at the drop of a dime, even though an officer is thought to be acting within his or her scope of duties. I would submit the officers in the above cases “did their job.” The two cases I mention are just a sample of the dozens of cases I read about annually – the worst yet was the officer indicted for felony Theft of Office when she was talking on her mobile phone while patrolling (the prosecution claimed he stole government money when he used his time on the clock to talk on the phone). It is an unfortunate situation when officers are neither criminally nor civilly responsible under the facts of this case, but are criminally charged by prosecutors second-guessing decisions from an armchair. Regardless of the above cases, a malicious or “evil intent” needs to be a requirement for both criminal and civil cases, otherwise we are prohibiting our officers from doing what is righteous for fear they will be the next defendant; these prosecutorial indiscretions and meritless civil liability awards need to come to an end.

Tuesday, October 30, 2012

Android Permissions

Every once in a while I'll receive an email from an Android user asking why my app is requesting certain permissions. The short answer is, "I don't know why." If it's not clear enough, I am in law enforcement. If it is a federal offense for me to secretly monitor phone calls or listen in on your conversations, why would you think I care what you have to say? Paranoid? In an effort to satisfy the Android community, here is a list of permissions and why I suspect they are being requested:

INTERNET - Allows the app to create network sockets and send/receive data to/from the Internet.
ACCESS_COARSE_LOCATION - Allows the app to access approximate location from location providers using network sources such as cell tower and Wi-Fi. This is required for EvidenceCam and
GPS Coordinates to function.
ACCESS_FINE_LOCATION - Allows the app to access precise location sources such as Global Positioning System on the device. This is required for
EvidenceCam and GPS Coordinates to function.
WRITE_EXTERNAL_STORAGE - Allows the app to write to the USB storage and/or to the SD card.
ACCESS_NETWORK_STATE - Allows the app to view information about the network connections such as which networks exist and are connected. This information is also used in analytics and statistics.
READ_PHONE_STATE - Allows the app to access the phone features of the device. An app with this permission can determine the phone number and serial number of the phone, whether a call is active, the number that call is connected to and the like.
RECORD_AUDIO - Allows the Audio Recorder feature to function using the device's microphone.
CAMERA - Allows
EvidenceCam to function using the device's camera.
CHECK_LICENSE - My app has licensing enabled to prevent users from sharing it for free.
C2D_MESSAGE - Enables users to receive my Push Notifications
RECEIVE - Enables users to receive my Push Notifications
WAKE_LOCK - I have no clue.
READ_EXTERNAL_STORAGE - Allows the app to read to the USB storage and/or to the SD card.

Thursday, September 13, 2012

Introducing AllLaw™

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Want an app for your state laws? Until today, users were required to download an app for each state. Worse yet, need the Code of Federal Regulations? Until today, users had to download a separate app for each and every title. Not any longer. AllLaw™ is a legal buffet allowing users the ability to cherry pick the titles and chapters they use while maintaining all laws in a single location.

AllLaw™ Includes:
~ United States Code
~ Code of Federal Regulations*
~ Laws from all 50 states*
~ U.S. Supreme Court opinions*
~ Legal Dictionary
~ Federal Rules of Civil procedure
~ Federal Rules of Criminal Procedure
~ Federal Rules of Bankruptcy Procedure
~ Federal Rules of Appellate Procedure
~ Federal Rules of Evidence
~ Manual of patent Examining Procedure*
*In-App Purchase Required. Alaska, D.C., Hawaii, and West Virginia are in progress.

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Print, Email and Bookmark
Need to print, email, or bookmark a statute for future reference? You can do it all from within AllLaw™.

Cloud Storage - Native Speed
With the vast amount of contact AllLaw™ provides, storage in the Cloud is necessary to prevent your device's storage from being consumed. However, bookmarked pages are automatically downloaded natively on the device for quick offline access.

Search Feature
Can't find the statute using a specific term? You can with AllLaw™. Whether you're trying to find a codified statute by searching a specific term, or searching for specific language on a lengthy page, our search engines can help you find what you're looking for…fast.

Thursday, July 19, 2012

Appeals Court Strikes Down Cincinnati Residency Ordinance

The First District Court of Appeals has upheld a ruling from the Hamilton County Court of Common Pleas that struck down a Cincinnati city ordinance prohibiting city employees from living outside the state of Ohio.

In a unanimous decision authored by Judge Patrick Dinkelacker, the court affirmed a decision by the court of common pleas that granted summary judgment in favor of Cincinnati Organized and Dedicated Employees in a case where the city had filed a declaratory judgment action asking the court to declare the city ordinance (Cincinnati Municipal Code 308-83) to be lawful.

The court found that the city ordinance was in conflict with a 2006 state law, R.C. 9.481, that was upheld by the Ohio Supreme Court in 2009.

In describing the state statute, Dinkelacker wrote: “R.C. 9.481 is entitled ‘Political subdivisions generally prohibited from imposing residency requirements on employees.’ Subsection (A) is a definitional section. R.C. 9.481(B)(1) states that ‘[e]xcept as otherwise provided in division (B)(2) of this section, no political subdivision shall require any of its employees, as a condition of employment, to reside in any specific area of the state.’ Subsection (B)(2)(b) provides an exception that permits localities to require certain employees to live no farther away than adjacent counties to ‘ensure adequate response times by certain employees of political subdivisions to emergencies or disasters while ensuring that those employees generally are free to reside throughout the state[.]’ Finally, subsection (C) states that ‘[e]xcept as provided in division (B)(2) of this section, employees of political subdivisions of this state have the right to reside any place they desire.’

Judge Dinkelacker concluded: “…[W]e hold that Cincinnati Municipal Code 308-83(a) is in conflict with R.C. 9.481, and it is, therefore, void.”

The opinion was joined by Judges J. Howard Sundermann and Sylvia Sieve Hendon.

Cincinnati v. State, 2012-Ohio-3162
Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/1/2012/2012-ohio-3162.pdf
Civil Appeal From: Hamilton County Court of Common Pleas
Judgment Appealed From Is: Affirmed
Date of Judgment Entry on Appeal: July 13, 2012

Monday, May 14, 2012

Will there ever be an iPad app?

Original Posting 11/27/2011:
In short, the answer is yes. But lets not forget that all iPhone apps are available on the iPad and can be viewed using the 2x button. Considering this, why would I direct time and money to implement something that already exists when the time and money can be spent developing new features? This seems to be the most logical direction to take since the app can already be loaded in the iPad. However, I do concede that from a purely aesthetic perspective, the app needs to be formatted for iPad use; especially since new cruiser MDTs are taking the form of tablets. But when? Well, this is entirely dependent upon sales. The greater the sales, the faster I can complete my projects, which results in the faster implementation of a iPad version.

Update 5/14/2012:
Certain portions of the app are slowly being converted to iPad format. Once the main features are converted to iPad, the contents itself should be easy to transfer. I still don't anticipate the full conversion any time soon, but rest assured, I am working on it.