Tuesday, April 16, 2013
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.
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/difference.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.
Saturday, November 3, 2012
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
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
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.
~ 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.
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.
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
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
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
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.
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.
Thursday, May 10, 2012
- The apparent authority doctrine dictates that an officer cannot search the contents of passengers belongings upon receipt of consent from the driver unless it is apparent that the driver has authority to grant consent to search those belongings (i.e. a male driver consenting to search the vehicle does not include the female passenger's purse left behind in the vehicle).
- With regard to actual authority to consent, a valid consent may be given by a third party who possesses common authority over the property at issue, which is generally shown by joint access or control of the property for most purposes.
- A person possessing common authority has the authority to consent to a search. This common authority rests upon mutual use of the property and joint access or control to the location or item(s) searched. United States v. Matlock, 415 U.S. 164 (1974)
- When officers obtain valid third-party consent, they are not also required to seek consent from a defendant, even if he is detained nearby. U.S. v. Amratriel, 2010 U.S. App. LEXIS 21166, October 14, 2010
- The consent by one party to the seizure of property shared equally is valid even when the other party is present and refuses consent. U.S. v. King, 2010 U.S. App. LEXIS 8970 (April 30, 2010). The Georgia v. Randolph, 126 S. Ct. 1515 (2006), holding that the consent of one party with authority is trumped by the refusal of another present party with authority is limited to searches and seizures of the home, not property.
Case Example 1 - United States v. Welch, 4 F.3d 761 (9th Cir. 1993)
The driver gave consent to search his rental car. A female passenger in the vehicle had a purse stored in the trunk. Upon opening the purse, the police discovered $500.00 in counterfeit bills. The woman appealed her conviction, claiming that the police had illegally searched her purse without probable cause or valid consent. The Ninth Circuit Court of Appeals agreed, noting that the key issue in the case was not whether the driver could consent to a search of the vehicle generally, but rather whether the driver “had the authority, either actual or apparent, to give effective consent to the search of his companion’s purse.” Id. at 764 (emphasis in original)(footnote omitted)
"By sharing access to and use of the car with McGee, Welch relinquished, in part, her expectation of privacy in the vehicle. McGee’s voluntary consent to a search is sufficient to waive Welch’s Fourth Amendment interests in the car. Welch’s purse is another matter entirely. The fact that she had a limited expectation of privacy in the car by virtue of her sharing arrangement with McGee does not mean that she had similarly limited privacy expectation in items within the car which are independently the subject of such expectations. The shared control of ‘host’ property does not serve to forfeit the expectation of privacy in containers within that property. Id. (citation omitted)"
Case Example 2 - People v. James, 163 Ill.2d 302, 317 (1994)
The defendant was a passenger in a car that was stopped by officers of the Urbana police department. The officers directed the driver and the passengers to step out of the car. When the defendant exited the car, she left her purse on the front, passenger-side seat of the car. One of the officers then escorted the defendant away from the car. Although the defendant was not aware of it, the driver of the car agreed to a police search of the car. During this search, the officer opened and looked into defendant’s purse, where they found cocaine.
The Defendant filed a motion to suppress the evidence found by police officers during the search of her purse. She argued that she had not consented to the search and that the driver lacked the authority to consent to a search of her purse. The State argued that the police officer may have incorrectly assumed that the purse belonged to the driver of the car. Therefore, the State contended that the driver had the apparent authority to consent to a search of the defendant’s purse. The State further asserted that defendant assumed the risk that the driver of the car in which she was riding would agree to a police search of the car and its contents, including defendant’s purse. The State argues that it would be impractical to require police officers to “inquire of all of the occupants of an automobile whether they consent to the search of their belongings, and then sort out and classify all of those belongings.”
The appellate court determined that the issue on appeal was whether the driver had the apparent authority to give effective consent to the search of her companion’s purse. The court held that the officer should have ascertained who owned the purse he found in the car before he opened and searched the contents of the purse. The court further observed that it would have been objectively reasonable for the law enforcement officer to realize that the purse might belong to one of the passengers rather than to the driver. A purse is normally carried by a woman, and all of the adult occupants of the vehicle were women. Thus, the purse could logically have belonged to any one of the three adult women in the car. The purse was found on a passenger seat in the car, not on the driver’s seat, thereby tending to the conclusion that the purse belonged to the passenger, not the driver. It would have been unreasonable for the officer to believe that driver shared some common use in the purse with one of the passengers in the car, since a purse is generally not an object for which two or more persons share common use and authority. Therefore, the court held that the officer acted unreasonably when he proceeded to search the closed purse, although he was ignorant of the identity of the owner of the purse.
State v. Vantreese, No. 03-00076 APANO (Fla. 6th Cir. App. Ct. April 23, 2004). It was not reasonable for the deputy to assume that the driver had the apparent authority to consent to the passenger’s purse – passenger’s purse suggested individual ownership requiring consent before the search.
State v. Friedel, 714 N.E.2d 1231 (Ind. Ct. App. 1999). Based upon the driver’s consent to search the vehicle, the police searched the passenger’s purse found on the floor behind the driver’s seat, where the passenger had been sitting. Id. at 1235. The court found that it was not objectively reasonable for the police to believe that the driver had the authority to consent to search the purse because it was a woman’s handbag and the passenger was the only female occupant of the car. Id. at 1240. The court further ruled that the passenger’s consent to the search could not be implied from her silence or failure to object because she had never been asked for consent. Id. at 1241.