Give Us Your Feedback on Our Photos

Courtesy of Paul Benjamin Photography, our website will soon have pictures of us for all to see.  All you need to do to view the photos is go to our Facebook page by copying and pasting the following link, http://www.facebook.com/#!/pages/Benjamin-Melmer-LLC/193862594026274.  You can view our pictures at the top of the page.  The photos with the most positive feedback will be placed on our site as soon as early next week.
Thank you for your help.

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A Federal Judge is Mad as Hell, and He Just Can't Take It Anymore!

Federal Judge Jed Rakoff rejected a proposed $285 million settlement between the S.E.C. and Citigroup over alleged defrauding of investors with securities backed by toxic mortgages.  Judge Rakoff said that such a settlement number amounted to “pocket change” for the largest American financial institution.  Judge Rakoff also lamented that the settlement did not include an admission of wrongdoing by Citigroup.
In our legal system Judges should play the role of honest referee, there to handle legal disputes and allow parties to come to their own settlements as long as it is within the confines of the law.  But Judge Rakoff simply had enough of what he felt was the Federal Government’s lack of enforcement with Wall Street wrongdoing.  Although legally permissible, should Judge Rackoff have responded in this way?  Is it the job of the judiciary to be a watch-dog where the executive branch simply lacks the will for oversight?  Or do members of the judiciary need to protect the community at large from Government inaction in an area of great importance?  The only role that seems clear is the role of the defense attorney, whose job it is to force the government to follow the law and the Constitution and effectively advocate for their client.  Who is the bigger villain, Citigroup for allegedly performing the crime of the Government for their tepid response?
What do you think?  Here is the link to the LA Times article:
http://www.latimes.com/business/la-fi-1129-citigroup-sec-20111129,0,4917449.story

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Do Monetary Incentives, Not Public Safety, Drive Police Activity?

A new article from Radley Balko in the Huffington Post raises some serious questions involving our countries war on drugs.  It claims that federal anti-drug grants and state civil asset forfeiture laws drive police policies to arrest drug dealers (perferably after they’ve already sold and distributed their product onto the streets) in greater and greater numbers.  Even more daming, Balko claims these incentives force police departments to focus their resources on non-violent drug crimes and away from victim-driven violent crimes.
This article also mentions that police make it a habit of stopping people “who look suspicious” and frisk them or ask them to empty their pockets.  This stop and frisk is also called a Terry stop after the famous United States Supreme Court case which stated it was legal for an officer with reasonable suspicion of criminal activity to do a pat-down of the suspect’s outer clothing for the officer’s safety.
Also, Jessica Shaver, the woman mentioned in the article, was treated in an abhorent and degrading manner by the Chicago police.  During the raid of her apartment, the police were less than kind to her.  However, even when she was a victim of a crime, the police gave Ms. Shaver the run around, denying her access and information and forcing her to investigate her own case.  This was a shameful outcome.  That is why it is so important to seek the help of a good attorney, even when you are the victim of a crime, to help you fight for your rights.  It is unfortunate, but the reality is that whether because of misguided priorities, economics or just a plan lack of interest, you may need an advocate to help you get the attention you deserve from the police.
Let us know what you think of this article:
http://www.huffingtonpost.com/2011/11/21/drug-war-incentives-police-violent-crime_n_1105701.html?page=1

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US Supreme Court May Hear Miami "Dog Drug-Sniff" Case

The case of a Florida man arrested for allegedly trafficking in marijuana may be taken up by the United States Supreme Court in the coming weeks. As some of you may be aware, the Miami-Dade Police Department arrested Joelis Jardines on charges of drug trafficking after a trained narcotics sniffing dog, Franky, alerted police to the presence of marijuana in the house. Police were originally alerted to suspicious behavior from an anonymous tip. The Florida Supreme Court, in Florida v. Jardines, found that using Franky the drug sniffing dog constituted an illegal search in violation of the 4th Amendment of the US Constitution, and suppressed all subsequently discovered evidence as fruit of the poisonous tree. Because of the “special status accorded a citizen’s home in Anglo-American jurisprudence,” the Court distinguished prior Federal case law holding warrantless dog drug sniff tests of luggage at airports and cars in traffic stops legal. Florida v. Jardines, No. SC08-2101, slip op. at * 39 (Fla April 14, 2011). In addition, the Court held the lack of a more extensive police investigation (the police only did a 15 minute surveillance of the home and observed the air conditioner running constantly and the blinds drawn) made it necessary to obtain a warrant.
In a particularly interesting exchange in his special concurrence, Justice Fred Lewis said that, “The scent of items cooking on a stove, the whiff of an air freshener, or even the foul smell associated with a ruptured sewage line are all intimate details of a home that are expected to remain private and unavailable to the public.” Id. at 43. So, for Justice Lewis at least, a dog sniff test can never occur without a warrant, since even the air emanating from a home is protected under the Fourth Amendment.
What do you think? Should the police be allowed to use a drug-sniffing dog without a warrant? Are smells and odors coming from a home meant to be private?  Would the fact that the AC was continuously running for 15 minutes in the middle of December when the surveillance occurred, change your opinion of the police investigation?  Let us know.
Here is a link to the actual Florida Supreme Court Opinion possibly before the US Supreme Court: http://www.floridasupremecourt.org/decisions/2011/sc08-2101.pdf
Here is a link to a recent Miami Herald article on this case:
http://www.miamiherald.com/2011/11/21/2513496/are-there-limits-to-drug-sniffing.html
 

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