Crime

The criminalization of child sex trafficking victims is a pressing issue across the country. Minors who are sex trafficked are sometimes being prosecuted due to statutory inconsistencies. Children who have not reached the legal age to consent to sex are being charged with prostitution. In all other instances, these children would be viewed as victims of statutory rape or child sexual abuse.

According to the Trafficking Victims Protection Act of 2000, sex trafficking is defined as “a commercial sex act induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age.” This federal law furthers the idea that any child who is sold for sex is a victim of sex trafficking.

CSG Midwest
As lawmakers seek to cope with a rising tide of gun violence while preventing accidental firearm-related injuries and deaths, Ohio could become the next Midwestern state to focus on keeping guns out of the hands of kids — that is if a measure currently pending in the state Senate should advance.
In a roundtable discussion during the July meeting of the Midwestern Legislative Conference’s Criminal Justice and Public Safety Committee, Ohio Sen. Vernon Sykes described the proposed Child Gun Safety Act (SB 279), which he and Sen. Charleta Tavares jointly introduced earlier this year.

Fane Lozman may be the only person to fit within a “unique class of retaliatory arrest claims.” But that is all it took for him to win his (second) Supreme Court case.

In an 8-1 decision in Lozman v. Riviera Beach, the Supreme Court held that a citizen who was arrested for making comments at a city council meeting (possibly because the City had an official policy of retaliating against him) was not barred from bringing a First Amendment retaliatory arrest claim against the City even if it had probable cause to arrest him.

The State and Local Legal Center (SLLC) filed an amicus brief arguing that an arrestee could not bring a First Amendment retaliatory arrest lawsuit if probable cause existed. The Court declined to decide whether as a general rule probable cause bars First Amendment retaliation cases against police officers.    

CSG Midwest
Illinois legislators approved a bill in May that would allow family members or law enforcement officers to take action when an individual with access to a firearm is exhibiting dangerous or threatening behavior. HB 2354, known as a “red flag” law, was awaiting gubernatorial action as of mid-June. It would allow judges to issue a “firearms restraining order” (in effect for six months) if they find clear and convincing evidence that an individual “poses a significant danger of personal injury to himself, herself or another.”

Collins v. Virginia is like a tricky logic problem. Police need a warrant to search the curtilage of a home but not to search a vehicle. So is a warrant needed to search a vehicle located on the curtilage of a home? Yes holds the Supreme Court.

More technically, in an 8-1 decision the Supreme Court held that the Fourth Amendment automobile exception does not permit police officers to search vehicles parked in the curtilage of a home without a warrant.  

In Byrd v. United States the Supreme Court held unanimously that the driver of a rental car generally has a reasonable expectation of privacy in the rental car even if he or she isn’t listed as an authorized driver on the rental agreement.   

A state trooper pulled Terrance Byrd over for a possible traffic infraction. Byrd’s name was not on the rental agreement. He told the officer a friend had rented it. Officers searched the car and found 49 bricks of cocaine and body armor.

While the Fourth Amendment prohibits warrantless searches, generally probable cause a crime has been committed is enough to search a car. To claim a violation of Fourth Amendment rights a defendant must have a “legitimate expectation of privacy in the premises” searched.  

The State and Local Legal Center (SLLC) Supreme Court amicus brief in Lozman v. City of Riviera Beach argues if probable cause exists to make an arrest the arrestee should be barred from bringing a First Amendment retaliatory arrest lawsuit.

Fane Lozman lived in a floating house in the...

In District of Columbia v. Wesby the majority of the Supreme Court ruled D.C. police officers had probable cause to arrest individuals for holding a “raucous, late-night party in a house they did not have permission to enter.” All nine of the Justices ruled in favor of granting qualified immunity to the police officers. The State and Local Legal Center (SLLC) filed an amicus brief in this case supporting D.C.  

Police were called to a home in D.C. around 1AM based on complaints of loud music and illegal activity. The house was dirty with no furniture downstairs except a few metal chairs. In the living room the officers found “a makeshift strip club”; they found “more debauchery upstairs.” While many partygoers said they were there for a bachelor party no one could identify the bachelor.

Two of the women working the party said that “Peaches” was renting the house and had given them permission to be there. Police officers called Peaches who told them she gave the partygoers permission to use the house. But she ultimately admitted that she had no permission to use the house herself; she was in the process of renting it. The landlord confirmed by phone that Peaches hadn’t signed a lease. The partygoers were charged with, but never prosecuted for, disorderly conduct.

Before the start of the year, New York, Philadelphia, and San Francisco continued the trend, started last year with the sanctuary jurisdictions executive order, of cities suing the federal government.

In their recently filed compliant these cities ask a federal district court in Virginia to order the military to comply with a federal statute requiring federal agencies (including the military) to inform the Federal Bureau of Investigation (FBI) when the agency “has a record demonstrating” that a person has, among other things, committed a crime that prevents him or her from possessing a firearm.

What if a police officer arrests someone in retaliation for engaging in speech protected by the First Amendment but the officer also had probable cause to arrest that person for different, legitimate reason? In Lozman v. City of Riviera Beach the Supreme Court will decide whether that person may sue the police officer for violating his or her First Amendment rights.

Fane Lozman lived in a floating house in the Riviera Beach Marina. The City proposed to redevelop the marina using eminent domain and Lozman became “an outspoken critic” regularly criticizing the mayor and city council at council meetings. At a city council meeting Lozman offered comments about former county commissioners who had served in other communities being arrested. A councilperson had Lozman arrested for refusing to stop talking. Lozman was not ultimately charged with disorderly conduct or resisting arrest.

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