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FindLaw Blotter tag:blogs.findlaw.com,2009-03-23:/blotter/5 2016-07-22T20:51:33Z The FindLaw Crime & Criminals Blog. Movable Type Enterprise 4.38 http://images.findlaw.com/logo/logo_news3.gif Police Hope 3D Printed Fingers Will Unlock Murder Victim's Phone tag:blogs.findlaw.com,2016:/blotter//5.56499 2016-07-22T21:58:00Z 2016-07-22T20:51:33Z As technology becomes more sophisticated, the police too are increasingly creative. Michigan authorities, for example, recently commissioned a set of 3D printer fingers to unlock a murder victim's smart phone. The police believe that the phone holds information about the... Ephrat Livni, Esq. FindLaw.com http://www.findlaw.com
As technology becomes more sophisticated, the police too are increasingly creative. Michigan authorities, for example, recently commissioned a set of 3D printer fingers to unlock a murder victim's smart phone.

The police believe that the phone holds information about the crime, Fusion reports. Keeping in mind the difficulties of the FBI wrangling with Apple over defendant phone privacy, the Michigan authorities came up with a very creative workaround: copying the victim's fingers in the hopes of unlocking the phone.

Copy Cats

The police turned to Anil Jain, a professor at Michigan State University, for help with the phone. The professor works on biometric identifiers like facial and fingerprint recognition technologies. Jain's job is to make these difficult to replicate, yet that is exactly what the police asked him to do in order to help them solve a murder.

They believe that the victim's phone holds clues as to his death, yet they don't have his passcode and can't access the phone without it or his (living) fingerprint. Professor Jain created a replica of the victims' fingers -- all ten since it is not known which he used to lock his device -- using a scan of the victim's fingerprints that were taken while he was alive.

But printed plastic fingers alone cannot unlock a phone. Fingerprint reading technologies rely on the conductivity of skin to close tiny electrical circuits and plastic fingers cannot replicate that action. So the professor coated the fingers in a thin layer of metallic particles that allow the fingerprint scanner to read them.

Although the solution sounds very clever indeed, Jain's efforts may be in vain. Some phones will ask for a passcode if a biometric lock has not been employed for 48 hours, Fusion reports, so the Michigan police may not be able to read the victim's phone even if the 3D finger technology will work.

Constitutional Issues

When the phone to be searched is that of the murder victim and not someone accused, there's less concern about constitutionality. But both the Fourth and Fifth Amendment are implicated by these locked phone cases, says law and security expert Bryan Choi. Under the Fourth Amendment, people are protected from unreasonable search and seizure and under the Fifth from self-incrimination.

The quest to enter the victim's phone is meant to uncover information about who may have killed him, so self-incrimination isn't an issue. But as the FBI's struggle with Apple over a deceased defendant's locked phone showed, privacy issues are hotly debated and not yet generally resolved in the courts.

Choi believes phones should be treated by courts as extensions of our minds, arguing that our new devices are more personal than any other product we've had in the past. But as Fusion points out, "That point of view would require courts to recognize that we are all cyborgs, whose minds live in part on our phones."

Accused?

If you have been accused of a crime, protect your constitutional rights. Speak to a criminal defense attorney today.

Related Resources:

Find Criminal Defense Lawyers Near You (FindLaw's Lawyer Directory)

Search and Seizure and the Fourth Amendment (FindLaw's Learn About the Law)

Searches and Seizures FAQs (FindLaw's Learn About the Law)

Searches and Seizures: The Limitations of Police (FindLaw's Learn About the Law)

 http://blogs.findlaw.com/blotter/2016/07/police-hope-3d-printed-fingers-will-unlock-murder-victims-phone.html Can My Lawyer Turn Me In? tag:blogs.findlaw.com,2016:/blotter//5.56497 2016-07-22T17:57:28Z 2016-07-22T17:41:39Z A lawyer can only adequately represent her client if she knows all the facts. On the other hand, a client may be wary of telling his attorney everything, for fear of it reflecting poorly on his case or that the... Christopher Coble, Esq. https://www.linkedin.com/profile/view?id=297698614 FindLaw.com http://www.findlaw.com
A lawyer can only adequately represent her client if she knows all the facts. On the other hand, a client may be wary of telling his attorney everything, for fear of it reflecting poorly on his case or that the attorney will turn around and spill the beans to prosecutors or the judge.

While there are legal protections in place to foster full communication between criminal defendants and their counsel and you should feel comfortable answering all of your attorney's questions honestly, these protections have their limitations. Here's what you need to know about attorney-client privilege in criminal cases, and when your lawyer might be required to breach it.

Common Confidentiality

As a general rule, a client can refuse to disclose and prevent others from disclosing confidential communications between himself and his attorney. The privilege belongs to the client, and the attorney cannot waive it or breach it in most instances. The rule is designed to encourage a client to disclose all relevant information to his attorney, without fear that the information will become public or used against him.

As long as the communication occurred for the purpose of securing a legal opinion, legal services, or assistance in some legal proceeding, an attorney cannot inform on her client. So a criminal defense attorney cannot reveal what her client told her to law enforcement or the court. There are, however, a couple exceptions.

Crime-Fraud Exception

If the communication was made for the purpose of committing a crime or fraud, or in the furtherance of fraud or other crime, it is no longer protected by attorney-client privilege. So if the client is trying to use the attorney's services to commit or cover up a crime or fraud, the attorney is not only permitted, but in some instances required, to disclose information to prevent the crime or fraud.

The regulations can vary by state -- some allow an attorney to disclose information in order to prevent death or serious bodily injury, others require an attorney to disclose information in order to prevent or rectify financial crimes or frauds. In some extreme cases, a lawyer cannot allow her client to testify falsely on the stand in a criminal case. Sometimes the rules can be thought of based on time: discussion of past crimes is generally covered by attorney-client privilege, while discussion of future crimes may not be.

In most cases, your lawyer is not going to turn you in. And if you've been charged with a crime, you're better off contacting and consulting with an experienced criminal defense attorney.

Related Resources:

Find Criminal Defense Lawyers Near You (FindLaw's Lawyer Directory)

Is There a Difference Between Confidentiality and Privacy? (FindLaw's Learn About the Law)

How is Attorney-Client Privilege Destroyed? (FindLaw Blotter)

Can Jailhouse Phone Calls Be Recorded? (FindLaw Blotter)

 http://blogs.findlaw.com/blotter/2016/07/can-my-lawyer-turn-me-in.html Snapchat Crime: Teen's Conviction for Video Upload Upheld tag:blogs.findlaw.com,2016:/blotter//5.56487 2016-07-21T19:59:42Z 2016-07-21T22:51:06Z New technologies often lead to new legal issues. So it is with Snapchat, a social media site where people post videos that disappear after 24 hours. A California appeals court this week upheld the conviction of a 16-year-old high... Ephrat Livni, Esq. FindLaw.com http://www.findlaw.com
New technologies often lead to new legal issues. So it is with Snapchat, a social media site where people post videos that disappear after 24 hours. A California appeals court this week upheld the conviction of a 16-year-old high school student who uploaded a 10-second video of a fellow student masturbating in a bathroom stall and was charged with misdemeanor invasion of privacy.

The boy who was filmed committed suicide two weeks later, reports Ars Technica, but he was not considered in the criminal case. At issue here is privacy.

Privacy Matters

The teen, MH, who uploaded the video of his schoolmate, Matthew, appealed his conviction on the grounds that he committed no crime as there was no expectation of privacy in the school bathroom. Matthew's mother had stated that her son was upset by the video, which did not show his face, but did show distinctive shoes and socks. It went viral and everyone was talking about him. But the court noted that Matthew's suicide note stated that he was planning to take his life for many months, although he acted just two weeks after the video went viral in school.

In a unanimous opinion, the three-judge appellate panel wrote:

A student in a high school bathroom stall reasonably expects he will not be videoed and have that video disseminated on social media. Matthew did not forfeit that right merely because his socks and shoes could be seen and his voice could be heard by others in the bathroom. Matthew may have run the risk that people in the bathroom would tell others what they witnessed there. But that is a far cry from expecting his conduct would be electronically recorded and broadcasted to the student body. Thus, MH's main appellate argument fails because the right to privacy is not one of total secrecy, but rather the right to control the nature and extent of firsthand dissemination [emphasis added].

Free Speech?

The defendant also argued on appeal that he had a First Amendment right to upload the video as free speech. But the appellate court did not consider the issue for technical reasons, as any issue considered on appeal must be argued at the trial level first. "Considering an issue for the first time on appeal is often unfair to the trial court, unjust to the opposing party, and contrary to judicial economy because it encourages the embedding of reversible error through silence in the trial court," the court explained.

MH was previously sentenced to 60 days probation and banned from social media, after which a juvenile court judge will consider whether further punishment is required. "We are going to come back in 60 days. I'm going to see how you are doing. If I have any more problems with you, you are going into custody," the juvenile judge said at the boy's sentencing hearing.

Accused?

If you are charged with a crime, consult with a criminal defense attorney today. Many lawyers consult for free or a minimal fee and will be happy to assess your case.

Related Resources:

Find Criminal Defense Lawyers Near You (FindLaw's Lawyer Directory)

Snapchat Privacy Settlement: What Users Need to Know (FindLaw's Law and Daily Life)

Yes, You Can Get Arrested for Your Snapchats (FindLaw Blotter)

Pokemon Go Player Caught: Game Leads Man to Police (FindLaw's Legally Weird)

 http://blogs.findlaw.com/blotter/2016/07/snapchat-crime-teens-conviction-for-video-upload-upheld.html Prison Phone Call Price Cap Is in Limbo: FCC to Vote on New Proposal tag:blogs.findlaw.com,2016:/blotter//5.56471 2016-07-21T12:59:45Z 2016-07-20T22:41:23Z Prisoners are not usually a coveted consumer group, except for a select few companies that profit from incarceration. Among these are prison phone companies Global Tel*Link (GTL) and Securus Technologies, which have been charging prisoners and their families exorbitant rates... Ephrat Livni, Esq. FindLaw.com http://www.findlaw.com
Prisoners are not usually a coveted consumer group, except for a select few companies that profit from incarceration. Among these are prison phone companies Global Tel*Link (GTL) and Securus Technologies, which have been charging prisoners and their families exorbitant rates to communicate.

Last year, the Federal Communications Commission (FCC) issued a rate cap on calls of all kinds and the companies fought it hard, winning a stay in a March federal appeals court ruling. That stay is still in place and compromise efforts by the FCC are under consideration, reports Ars Technica.

Interim Measures

The rate cap proposed by the FCC last year would have allowed prison phone companies to charge 11 to 22 cents per minute on interstate and intrastate calls. FCC Chairman Tom Wheeler and Commissioner Mignon Clyburn last week proposed a compromise cap -- 13 to 31 cents per minute -- in an effort to resolve the matter.

These figures represent what the FCC considers a compromise between the needs of all parties, including prisoners. This proposal will be voted on by the FCC early next month. Meanwhile, there is a temporary 21 cent cap on certain calls but not all.

Why So High?

The companies have an interesting argument for why they cannot afford to provide affordable service, and some states agree with them. The phone companies pay commissions to counties that have prisons, so some states joined the communications companies in opposing the cap on prices this past spring.

The battle has exposed a side of the prison industrial complex that few knew about. FCC Commissioner Clyburn has called the prison communications industry, "the most egregious case of market failure" she has seen in her career.

Extra Cash

Although states and the service providers make strange and suspicious bedfellows in this matter, the states have been unabashed about their attachment to the extra cash that prison calls bring in. The companies pay commissions to counties and states, which prisons ostensibly use to improve the welfare of prisoners.

But human rights activists consider the payments to be kickbacks of a kind. Paul Wright of the Human Rights Defense Center calls the commissions "a boondoggle of corruption" and says that the money often goes to buy more cop cars and tasers, rather than to prisoner welfare.

What's Next?

Ars Technica reports that the FCC will vote on its comprehensive compromise cap early next month. Their proposal won't ban the controversial commissions or limit what prisons can charge the companies for site access. But they do account "for the possibility that jails and prisons bear legitimate costs in providing access to [inmate calling services]." In other words, the FCC believes that prisons may be able to profit but should nonetheless consider themselves responsible.

Accused?

If you have been charged with a crime, talk to a lawyer today. Get help. Many criminal defense attorneys consult for free or a minimal fee and will be happy to discuss your case.

Related Resources:

Find Criminal Defense Lawyers Near You (FindLaw's Lawyer Directory)

Rights of Inmates (FindLaw's Learn About the Law)

Prisoner Rights and Resources (FindLaw's Learn About the Law)

Challenging an Arrest: Were Your rights Violated?(FindLaw's Learn About the Law)

 http://blogs.findlaw.com/blotter/2016/07/prison-phone-call-price-cap-is-in-limbo-fcc-to-vote-on-new-proposal.html Penalties for Shooting a Coyote tag:blogs.findlaw.com,2016:/blotter//5.56476 2016-07-20T21:57:55Z 2016-07-20T20:46:01Z Whether you're a rancher or a suburban mom, seeing a coyote can be a bit frightening. Shepherds have always tried to keep them away from their flocks, and as neighborhoods expand, seeing a coyote lope down a street or through... Christopher Coble, Esq. https://www.linkedin.com/profile/view?id=297698614 FindLaw.com http://www.findlaw.com
Whether you're a rancher or a suburban mom, seeing a coyote can be a bit frightening. Shepherds have always tried to keep them away from their flocks, and as neighborhoods expand, seeing a coyote lope down a street or through a city park becomes more common.

So are you free to shoot a coyote if it's near or on your property? And do you have to prove that you, or your children, or your sheep were in danger?

State Statutes and Seasons

State fish and wildlife laws generally regulate if, and when, you can shoot a coyote, and the laws can differ from state to state. For example, while Florida law allows lethal control measures against nuisance coyotes that have lost their fear of humans, the Fish and Wildlife Conservation Commission recommends directing such methods "at specific coyotes or toward coyotes in a specific area." Texas law prohibits "the shooting of a coyote from a helicopter pushing cattle, unless the described permits have already been acquired," but allows shooting coyotes on your own property.

Michigan, on the other hand, has a complex coyote hunting season regime:

July 15 - April 15: Statewide hunting season.

September 15 - October 14: Damage control season, legal only on private lands when doing or about to do damage.

 October 15 - March 1: Special season for night hunting.

The state also has strict limits on who can shoot a coyote on private property (landowners and guests), what type of weapons can be used (bow and arrow, crossbow, .22 caliber or smaller rimfire rifle or handgun, or a shotgun with loads other than buckshot, slug, or cut shell), and whether artificial lights can be used (only portable lights designed to be carried in the hand or on the person).

Effective Deterrent?

Beyond the question of whether it's legal to shoot a coyote is whether it will work in keeping coyotes away. The Humane Society doesn't seem to think so, and many believe that killing coyotes, even in an urban setting, can cause more problems than it solves.

Most coyotes can be scared off or deterred with fences or dogs. So before you start shooting at coyotes, check your state laws on hunting. Or, better yet, check with a local criminal defense attorney.

Related Resources:

Find Criminal Defense Lawyers Near You (FindLaw's Lawyer Directory)

Spartan Man Found Guilty of Intentionally Killing Bears (FindLaw Blotter)

Is It Legal to Feed Wild Animals? (FindLaw's Law and Daily Life)

Bear Mauls Man Who May Face Charges for Feeding It (FindLaw's Legally Weird)

 http://blogs.findlaw.com/blotter/2016/07/penalties-for-shooting-a-coyote.html 3 DUI Statistics You Should Know tag:blogs.findlaw.com,2016:/blotter//5.56453 2016-07-20T12:59:41Z 2016-07-19T23:19:24Z Welcome to FindLaw's DUI Law series. If you have been charged with a DUI, know someone who has, or just want to know about the law and how to protect your rights during a DUI stop, please come back each... Ephrat Livni, Esq. FindLaw.com http://www.findlaw.com
Welcome to FindLaw's DUI Law series. If you have been charged with a DUI, know someone who has, or just want to know about the law and how to protect your rights during a DUI stop, please come back each week for more information.

Drunk driving is dangerous and can have serious consequences for the drinking driver and everyone around. But DUI is a relatively common crime, one committed by people of all backgrounds and classes.

Sometimes people drive while intoxicated because they don't realize they are doing it, unaware that they're impaired until too late. Others just don't appreciate the gravity of the risk, which includes not only lost lives but also criminal charges. So let's take a look at some DUI statistics that may influence your decision to drive while intoxicated or to let others do so.

DUI Statistics

The National Highway Traffic Safety Administration collects all kinds of information on the America roadways. It measures driver intoxication in various places, assesses the effectiveness and activities of DUI/DWI courtroom cases, and attempts to determine the impact of driving while intoxicated on the nation. The agency measures lives lost, the cost of accidents caused by drunk driving, and whether efforts made by various agencies and programs are improving the situation.

The following are DUI statistics to seriously consider:

Weekends Are Dangerous: The last year that the the NHTSA did a comprehensive assessment of driving under the influence of alcohol and drugs around the country was in 2013 and 2014. The information is based on data from volunteers in 300 locations in the U.S. The agency noted that in 2013/2014, about 1.5 percent of weekend drivers had blood alcohol concentrations at or above the legal limit of .08 breath alcohol concentration (BAC) and 8.3 percent of drivers had a measurable amount of alcohol in their systems.

Things Are Getting Better: Although it would no doubt be better if no one ever drove drunk, the last few decades of consciousness about the dangers of drunk driving have had an important impact on people generally. The NHTSA reports that the proportion of drivers during weekend nighttime hours who are at or above the legal limit of .08 BAC decreased by 80 percent between 1973 and 2013/2014. The proportion with any measurable amount of alcohol in their systems dropped by about 77 percent. Those are substantial improvements since the first year that the data was collected, which was in 1973.

Drug Use Is Up: While alcohol consumption by drivers on the road appears to have generally decreased, the NHTSA did see an increase in drug use over the years. More than 15 percent of drivers tested positive for at least one illegal drug, up from 12 percent in 2007.

The NHTSA states that generally drunk driving is decreasing but driving under the influence of drugs is up. Remember, though, that the crimes DUI and DWI refer to intoxication, and not just alcohol. Anything that impairs your ability to drive safely should be avoided.

Accused?

If you have been charged with DUI, talk to a lawyer. Many attorneys consult for free or a minimal fee and will be happy to talk about your case.

Related Resources:

Hit with a DUI? Get your case reviewed by an experienced attorney for free. (Consumer Injury)

Driving Under the Influence of Drugs (FindLaw's Learn About the Law)

Can Passengers Drink in a Car? (FindLaw's Learn About the Law)

Examples of Two Drunk Driving Cases (FindLaw's Learn About the Law)

 http://blogs.findlaw.com/blotter/2016/07/3-dui-statistics-you-should-know.html Top 5 Tips for Protesting (Legally) tag:blogs.findlaw.com,2016:/blotter//5.56454 2016-07-19T19:05:57Z 2016-07-19T19:06:35Z Christopher Coble, Esq. https://www.linkedin.com/profile/view?id=297698614 FindLaw.com http://www.findlaw.com
The 2016 Republican National Convention in Cleveland has been the site of countless protests and counter-protests by both demonstrators and delegates inside and outside the convention. And if you're wondering about the legality of these protests, we've got you covered. (If you're wondering about the legality of plagiarizing a speech, or using a band's song without permission, we've also got you covered, here and here.)

To make sure you don't violate the laws while making your voice heard, check out these five things you need to know about legally protesting, at conventions and elsewhere:

1. Planning an 'Occupy' Protest? Criminal Consequences Are Possible

Occupy protests began in New York in 2011; they are essentially mass sit-ins of public spaces. But just because your protest is on public property doesn't make it entirely legal. Here's what you need to know before you plan on occupying anything or anywhere.

2. Protesters Blocking Streets: What Are the Legal Consequences?

From the earliest marches to recent attempts to block freeways, political protests on the nation's roads have been a common theme. While, for the most part, law enforcement will allow marches and street protests as long as they remain peaceful, there are some other legal aspects to consider.

3. Protest Arrests: When Free Speech Becomes Disorderly Conduct

The First Amendment protects your freedom of speech. But it is not absolute. The Supreme Court has found that certain speech can be limited in specific ways, even in the context of political protests. Here's what you need to know to keep your protest speech legal.

4. Arrested at a Protest? What Are Your Rights?

If you're arrested while protesting, you still retain your rights as a citizen, even if you broke the law. Learn what rights you have as a criminal defendant, and how to exercise them after a protest arrest.

5. When Can Police Open Fire on Protesters?

It is, hopefully, the last resort of law enforcement when a protest turns violent. While the majority of political protests are peaceful affairs, they can turn ugly, and police can respond, but within certain legal boundaries.

The best way to protect your legal rights during or after a protest is to consult with an experienced civil rights attorney in your area. You can call or meet with one today.

Related Resources:

 Find Civil Rights Lawyers Near You (FindLaw's Lawyer Directory)

 RNC Protester with Machete in Pants Arrested (FindLaw Blotter)

 'First Amendment Cop' Stands Up for Protesters (FindLaw Blotter)

 Feds Fight to Define Protest at the Supreme Court (FindLaw Blotter)

 http://blogs.findlaw.com/blotter/2016/07/top-5-tips-for-protesting-legally.html Can Police Force Catheterized Urine Collection in DUI Cases? tag:blogs.findlaw.com,2016:/blotter//5.56435 2016-07-18T18:59:41Z 2016-07-18T18:54:40Z How determined should authorities be to collect evidence from a reluctant suspect? Should they be allowed to strap someone down on a hospital gurney and take urine using a catheter without the person's permission but with a warrant? What if... Ephrat Livni, Esq. FindLaw.com http://www.findlaw.com
How determined should authorities be to collect evidence from a reluctant suspect? Should they be allowed to strap someone down on a hospital gurney and take urine using a catheter without the person's permission but with a warrant? What if the warrant doesn't specify catheterization but simply authorizes police to collect blood or urine generally?

These are the questions that one South Dakota defendant, Dirk Landon Sparks, is asking after undergoing a forced catheterization to collect his urine in a DUI case. He seeks to have the warrant quashed and the evidence against him suppressed, saying that the Constitution's Fourth Amendment reasonableness requirement makes no allowances for such an invasive procedure. Let's consider his claims.

The Fourth Amendment

Sparks' arguments drew the attention of the American Bar Association Journal, which cites local lawyers as saying this is not a rare situation in South Dakota. Forced catheterization happens when suspects refuse to give blood or urine in a DUI case. The constitutionality of the procedure is questionable, however.

The Fourth Amendment of the Constitution guarantees the right of the people to be free from unreasonable searches and seizures and ensures that warrants are specific. Generally, if a judge signs a warrant authorizing a particular search or seizure, this authorizes police to obtain the evidence sought. But in a case like this one where the evidence sought is a bodily fluid and the manner of obtaining it is extremely invasive, the question of reasonableness naturally arises.

Forced Catheterization

According to South Dakota criminal defense lawyers, these forced catheterizations occur regularly when a suspect does not agree to provide the evidence voluntarily. Suspects are then strapped to a gurney without being anesthetized and a catheter is forced into the genitals to obtain urine.

That, some say, violates the reasonableness requirement of the Fourth Amendment, as the warrant authorizes obtaining the evidence but makes no mention of such an invasive procedure. The defendant's motion argues that authorities should have sought his blood as the next most reasonable attempt to collect evidence. If the court agrees with his claim, this could lead to changes state-wide in how DUI refusal cases are handled.

Accused?

If you have been charged with a DUI or any other crime, talk to a lawyer today. Many criminal defense attorneys consult for free or a minimal fee and will be happy to assess your case.

Related Resources:

Don't face a DUI alone. Get your case reviewed by a lawyer for free now. (Consumer Injury)

Illegal Search and Seizure FAQs (FindLaw's Learn About the Law)

When Is an Arrest a Legal Arrest? (FindLaw's Learn About the Law)

When the Fourth Amendment Applies (FindLaw's Learn About the Law)

 http://blogs.findlaw.com/blotter/2016/07/can-police-force-catheterized-urine-collection-in-dui-cases.html Top 5 Strange DUIs, From Drunk Jockeys to Driverless Cars tag:blogs.findlaw.com,2016:/blotter//5.56426 2016-07-18T12:58:43Z 2016-07-15T20:04:29Z There's your classic DUI, where someone is pulled over for swerving or at a checkpoint, smells like alcohol, slurs his speech, fails some roadside tests, and gets arrested. These are, sadly, almost too common to count. But then there are... Christopher Coble, Esq. https://www.linkedin.com/profile/view?id=297698614 FindLaw.com http://www.findlaw.com

There's your classic DUI, where someone is pulled over for swerving or at a checkpoint, smells like alcohol, slurs his speech, fails some roadside tests, and gets arrested. These are, sadly, almost too common to count.

But then there are your more adventurous drunk driving affairs, involving pet squirrels and attempts to fake black ice on the road. Here are five of our favorite strange DUI stories, from the FindLaw archives.

1. Man Gets a DUI for Riding a Horse in Kentucky

Let's face it, if a man is going to get a DUI on a horse, it's going to happen in the Bluegrass State. And let this be a lesson to all of you who think that as long as you're not "driving," per se, that you can't get a DUI.

2. Woman Drinks Hand Sanitizer, Gets Arrested for DUI

A DUI is about what state you're in, not necessarily what substance you're on. And by that we mean DUI charges aren't limited to driving under the influence of alcohol, or just the influence of drugs. A perfectly innocent substance (although one meant for external use, not internal consumption) get you a DUI just as easy an illicit one.

3. 2-Man-1-Car-3-Crash DUI May Be a First

We've all been there -- cruising around with your buddy, bouncing your car off street signs, parked cars, and police cruisers, all while switching seats in between accidents. Were the swapped seats an effort to throw the cops off their scent? Or an attempt to settle, for good this time, who was more drunk? We may never know.

4. Man's DUI Alibi: Aliens Dumped Him at Crash Site

Poor Joel Lankford, an innocent Georgia man framed by dastardly aliens. I bet "Independence Day" is his favorite movie.

5. Can You Get a DUI in a Self-Driving Car?

This is a strange one we're still trying to sort out. So far, no autonomous automobile or its driver/passenger has been cited for drunk driving. But the way car companies are treating accidents and the way DUI statutes are enforced, you're likely on the hook, even if your hands aren't on the wheel.

This post is fun, but drunk driving charges are no joke. If you've been charged with a DUI, contact an experienced DUI attorney today.

Related Resources:

Don't face a DUI alone. Get your case reviewed by a lawyer for free now. (Consumer Injury)

Top 5 Strangest Vehicles People Have Driven Drunk (FindLaw's Legally Weird)

Lawn Mower DUI: FL Man Caught Drunk on Lawn Equipment (FindLaw's Legally Weird)

When Does DUI Become Child Endangerment? (FindLaw Blotter)

 http://blogs.findlaw.com/blotter/2016/07/top-5-strange-duis.html Can I Go to Jail for Sharing My Netflix Password? tag:blogs.findlaw.com,2016:/blotter//5.56418 2016-07-15T15:49:00Z 2016-07-15T23:11:51Z When the U.S. Ninth Circuit Court of Appeals handed down a decision this week saying that logging onto a computer network with someone else's credentials constituted criminal hacking under federal law, a wave of panic rippled through the Netflix and... Christopher Coble, Esq. https://www.linkedin.com/profile/view?id=297698614 FindLaw.com http://www.findlaw.com

When the U.S. Ninth Circuit Court of Appeals handed down a decision this week saying that logging onto a computer network with someone else's credentials constituted criminal hacking under federal law, a wave of panic rippled through the Netflix and chill community. After all, some of us -- and we're not naming names -- are treating a friend's username and password like a free all you can eat buffet, and we don't want the feds kicking in the door in the middle of season three of "Orange Is the New Black."

So is the end of shared streaming access? Are you going to get locked up for logging into HBOGo on mom's account? Probably not, but there are reasons to be careful.

Access and Authorization

So what did the court actually say? The Ninth Circuit was interpreting the Computer Fraud and Abuse Act, which prohibits accessing a computer without authorization or exceeding authorized access. Having been written in 1986 -- back when Matthew Broderick movies were directing cybersecurity laws -- the CFAA doesn't precisely define every possible permutation of "unauthorized access." So it's been up to courts to sketch the boundaries of the law, and whether using your ex's username and password to stream "House of Cards" should be a federal crime.

And the court said yes, with some caveats. In the case before the court, a former employee used a current employee's login credentials to access his former employer's database. The Ninth Circuit ruled that this access, even though it was with the current employee's consent, was unauthorized:

[O]nce authorization to access a computer has been affirmatively revoked, the user cannot sidestep the statute by going through the back door and accessing the computer through a third party ... Unequivocal revocation of computer access closes both the front door and the back door.

Don't Cross the Streams

This certainly looks bad for login sharers, even voluntarily ones. After all, those of us watching Netflix without a Netflix account are essentially coming in through the back door. But there are a couple reasons why law enforcement won't be kicking in your door for watching "Game of Thrones" on someone else's dime.

First, the case itself has more to do with economic espionage than "Arrested Development." It only registered on internet advocates' radars because of Judge Stephen Reinhardt's dissent, which argued that now anyone who shared a password could be construed as violating the CFAA.

Second, media companies like HBO, Netflix, and Hulu know that users regularly share account info. (Or they think users can watch "Steel Magnolias" in California and Colorado at the same time.) And, thus far, they haven't shown any impetus to drag these "hackers" into court. Perhaps this is the ruling they need to bring the cops into everyone's living room, but we're not betting on it.

*Crosses fingers; calls dad for the Comcast password again.*

Related Resources:

Relax, You're Not Going to Jail for Sharing Your Netflix Password (Los Angeles Times)

Tennessee Netflix Law: Password Sharing a Crime (FindLaw Blotter)

Can You Legally Share Your HBO Go Password? (FindLaw's Law and Daily Life)

Legal to Share Your Netflix Account? (FindLaw's Law and Daily Life)

 http://blogs.findlaw.com/blotter/2016/07/can-i-go-to-jail-for-sharing-my-netflix-password.html Federal Judge Rules Against Cell Phones as Secret Tracking Devices tag:blogs.findlaw.com,2016:/blotter//5.56404 2016-07-14T18:03:27Z 2016-07-19T23:05:57Z A stingray, or cell site simulator, is a device that mimics the activity of a cell phone tower and provides authorities with location data. This week, a federal judge in New York ruled that such evidence requires a search warrant.... Ephrat Livni, Esq. FindLaw.com http://www.findlaw.com

A stingray, or cell site simulator, is a device that mimics the activity of a cell phone tower and provides authorities with location data. This week, a federal judge in New York ruled that such evidence requires a search warrant.

Cell phones may not be secretly turned into tracking devices, US District Judge William Pauley in Manhattan ruled, finding this violates the constitutional right to be free from unreasonable search and seizure, guaranteed by the Fourth Amendment. Reuters reports that this ruling is the first of its kind at the federal level.

Location Data

Judge Pauley found that the Drug Enforcement Administration acted unreasonably when using a stingray without a warrant to track a defendant to his apartment and arrest him, writing, "Absent a search warrant, the government may not turn a citizen's cell phone into a tracking device."

Location data seems innocuous. We often provide it voluntarily, posting on social media when we attend events and much more. Ironically, with the brand new Pokemon Go mania, location data is being volunteered with such alarming frequency that police around the country are asking people to be more careful.

But do we want authorities to know where we are all the time, using our phones against us? According to the American Civil Liberties Union (ACLU), at least 66 agencies in 24 states and the District of Columbia own stingrays. There is secrecy surrounding such purchases, so there may be more.

Critics believe cell site simulators are invasive and violate our constitutional rights. For a while it seemed no courts agreed with the critiques. But the ACLU told Reuters that in March, a Maryland appeals court became the first state appellate court to suppress evidence obtained with a stingray. Now Judge Pauley is the first to do so at the federal level. The prosecution may still appeal his ruling but it's a win for civil libertarians.

Accused?

As this case shows, a strong defense helps. If you have been accused of a crime, talk to a lawyer. Many criminal defense attorneys consult for free or a minimal fee and will be happy to talk.

Related Resources:

Find Criminal Defense Lawyers Near You (FindLaw's Lawyer Directory)

Search and Seizure and the Fourth Amendment (FindLaw's Learn About the Law)

Illegal Search and Seizure FAQs (FindLaw's Learn About the Law)

When the Fourth Amendment Applies (FindLaw's Learn About the Law)

 http://blogs.findlaw.com/blotter/2016/07/federal-judge-rules-against-cell-phones-as-secret-tracking-devices.html When Does DUI Become Child Endangerment? tag:blogs.findlaw.com,2016:/blotter//5.56387 2016-07-13T19:58:41Z 2016-07-19T23:04:55Z Welcome to FindLaw's DUI Law series. If you have been charged with a DUI, know someone who has, or just want to know about the law and how to protect your rights during a DUI stop, please come back each... Christopher Coble, Esq. https://www.linkedin.com/profile/view?id=297698614 FindLaw.com http://www.findlaw.com
Welcome to FindLaw's DUI Law series. If you have been charged with a DUI, know someone who has, or just want to know about the law and how to protect your rights during a DUI stop, please come back each week for more information.

Driving drunk? Bad idea. Driving drunk with a child in the car? Terrible, horrible, no good, very bad idea. Drunk driving exposes you and other drivers to potentially deadly accidents, and drunk driving with kids in the vehicle puts them at risk as well.

In 2014, the National Highway Traffic Safety Administration found that almost 20 percent of all traffic fatalities involving children 14 and younger were alcohol-related. Some states have responded by adding severe penalties to their DUI statutes if a child is in the car at the time, and other states apply child abuse statutes to cases of drunk driving. Here's when a DUI becomes child endangerment.

Aggravated, Extreme, Felony DUI

As you're probably aware, there can be different levels of DUI offenses. In some cases, this can depend on your blood alcohol content at the time you were driving. For example, you can still get charged with a DUI if your BAC is under .08 percent, but prosecutors might offer a plea bargain to another, related charge like reckless driving. But a BAC over twice the legal limit can mean a charge of extreme or aggravated DUI.

Having a child in the car can also be an aggravating factor in DUI charging and sentencing. Penalties for extreme DUIs are even more severe than standard DUIs, and having a child in the car could even bump what is normally a misdemeanor up to felony DUI. And if, god forbid, a child in the vehicle is killed in an accident, the DUI could be charged as murder.

Child Abuse and Endangerment

Parents, custodians, and caregivers are all responsible for a minor child's well-being. Any intentional, careless, or negligent act that results in imminent risk or serious harm to a child's health and welfare can be charged as child abuse or child endangerment, depending on state laws. Clearly, driving drunk with a minor child in the car risks serious injury to the child, even if your intention is to get home safe.

On top of a DUI with a child in the car leading to extreme or felony DUI charges as well as child endangerment or abuse charges, a DUI with children involved could also trigger a child protective services investigation. A Florida woman was investigated by CPS after crashing into a house with three 16-year-olds in the car.

So your best policy always is to not drive drunk. Especially don't drive drunk if you need to drive children somewhere. And if you are charged with a DUI when kids are in the car, you should contact an experienced DUI attorney immediately.

Related Resources:

Hit with a DUI? Get your case reviewed by an experienced attorney for free. (Consumer Injury)

More Moms Getting DUIs With Kids in Car: Report (FindLaw Blotter)

Dad Gets 90 Years for DUI Crash; 5 Kids Killed (FindLaw Blotter)

DUI Suspect Drives 127 mph With 3 Kids in Car (FindLaw Blotter)

 http://blogs.findlaw.com/blotter/2016/07/when-does-dui-become-child-endangerment.html Police Nationwide Warn Players About Pokemon Go Crimes tag:blogs.findlaw.com,2016:/blotter//5.56385 2016-07-13T17:58:02Z 2016-07-13T17:42:02Z In less than one week since its release in the U.S., Pokemon Go, an augmented reality game that is played on smartphones and in the real world, is changing how we live. Even if you don't play at catching... Ephrat Livni, Esq. FindLaw.com http://www.findlaw.com
In less than one week since its release in the U.S., Pokemon Go, an augmented reality game that is played on smartphones and in the real world, is changing how we live. Even if you don't play at catching imaginary Japanese video game characters in the world, you will be dealing with players running around all over town and maybe on your property.

If you're playing, try not to commit any crimes. Also, beware of unknown Pokestops, where you might become a victim. The game has already been blamed for contributing to rising crime rates. Certainly, police have had much to say about it.

Don't Go

Police departments all over the nation are issuing warnings to players not to trespass on private property in an effort to catch Pokemon. They are also using social media to remind players to keep their head up, rather than in their phones, while playing on the streets and on the roads.

Meanwhile, the first Pokemon Go robberies, involving four youths enticing other players, already took place. The robberies, four of them, were reported by the O'Fallon Missouri Police Department, warning residents that four individuals in a black BMW were luring players into a parking lot using a beacon that attracts Pokemon.

The beacon was used to attract other players, also eager to catch the Pokemon. Instead, they got caught up in a robbery. The young men reportedly robbed eight people but were apprehended, reports Rolling Stone. According to one of the alleged victims posting on Snopes.com, the robbers lured players to "a slightly out of the way Pokestop" in a dark alley.

More to Come?

The Missouri robberies happened on the first weekend of the game's release and police and authorities anticipate more trouble. That is likely why the Los Angeles Times writes that "police fear the dark side of Pokemon Go."

Or, in the words of Rolling Stone, "Perhaps it's only a matter of time before the real problems with Pokemon Go arrive. With the app leading downloads for iPhones and Androids, and active users approaching mobile Twitter levels, clever players might soon learn how to use the game to devious ends."

Accused?

If you are charged with a crime while trying to catch 'em all or in any other context, talk to a lawyer. Get help. Many criminal defense attorneys consult for free or a minimal fee and will be happy to assess your case.

Related Resources:

Find Criminal Defense Lawyers Near You (FindLaw's Lawyer Directory)

Donald trump Arrives on Internet as a New Pokemon Character? (FindLaw's Technologist)

Pokemon Go's Terms of Service Are Scarier Than a 350CP Cubone (FindLaw's Technologist)

State Robbery Laws (FindLaw's Learn About the Law)

 http://blogs.findlaw.com/blotter/2016/07/police-nationwide-warn-players-about-pokemon-go-crimes.html 7 Unexpected Costs of Going to Jail tag:blogs.findlaw.com,2016:/blotter//5.56367 2016-07-12T19:00:16Z 2016-07-12T19:01:24Z Jail seems like enough of a burden in and of itself. You lose your freedom, perhaps your job and future employment possibilities, contact with your loved ones, and jail isn't always the safest place to be. As it turns out,... Christopher Coble, Esq. https://www.linkedin.com/profile/view?id=297698614 FindLaw.com http://www.findlaw.com
Jail seems like enough of a burden in and of itself. You lose your freedom, perhaps your job and future employment possibilities, contact with your loved ones, and jail isn't always the safest place to be. As it turns out, incarceration can be expensive as well.

It may not seem like it from the outside, since most people think prisoners basically get free room and board for their time inside, but going to prison can cost you a pretty penny. Here's how much it costs to go to jail, from arrest to release:

1. How Much Does Dealing With Your First DUI Cost?

Every criminal case is different, and total costs will vary depending on the seriousness of the crime, your attorney, and whether you go to trial or not. DUI charges, convictions, and sentences are fairly simple and can still run you thousands of dollars.

2. Can I Be Jailed for Failure to Pay Criminal Fines?

On top of being charged for the costs of your own prosecution and incarceration, you could be sent back if you fail to pay. And some courts will send you to jail if you don't pay criminal fines and fees.

3. FCC Price Cap on Inmate Phone Calls Stalled, Talk Still Not Cheap

One of the unspoken scams of incarceration is the prison phone system, wherein private companies charge inmates (or those they're talking to) exorbitant fees just to communicate. And recent reform efforts haven't been entirely successful.

4. How Do Inmates Buy Things in Jail, Prison?

Ever heard of a prison commissary? If so, you know what a vital lifeline it can be for prisoners. And how expensive items in jail can be.

5. Average Homicide Cost Is $17.25M, Study Concludes

Incarceration costs aren't limited to the prisoner -- they fall on society as a whole, in the form of victim costs, criminal justice system costs, lost productivity estimates, and future crime prevention.

6. How Much Do Wrongful Convictions Cost?

And the social costs of prison can get really expensive when the criminal justice system gets it wrong. California spent around $280 million dollars on wrongful convictions over the past 20 years.

7. Costs of Criminal Justice: Paying Legal Financial Obligations

And the cost of going to jail doesn't stop when you're released. You may still owe prosecution fees, or interest. And then there are the continuing fees for parole, probation, or post-release monitoring.

How much does it cost to go to jail? A lot. An experienced criminal defense attorney can give you a more accurate estimate, depending on the specifics of your case. Contact one in your area today.

Related Resources:

Find Criminal Defense Lawyers Near You (FindLaw's Lawyer Directory)

NM Woman's Cavity Search Costs Her $1,222 (FindLaw Blotter)

5 Ways a DUI Conviction Can Cost You (FindLaw Blotter)

Prison Phone Call Costs Fall Drastically (FindLaw Blotter)

 http://blogs.findlaw.com/blotter/2016/07/7-unexpected-costs-of-going-to-jail.html Costs of Criminal Justice: Paying Legal Financial Obligations tag:blogs.findlaw.com,2016:/blotter//5.56345 2016-07-12T13:00:53Z 2016-07-12T00:09:27Z It costs a lot to run a criminal justice system that accuses, investigates, prosecutes, and incarcerates people. Increasingly, jurisdictions are passing on the costs of the system to those caught up in it. This is meant to help localities... Ephrat Livni, Esq. FindLaw.com http://www.findlaw.com
It costs a lot to run a criminal justice system that accuses, investigates, prosecutes, and incarcerates people. Increasingly, jurisdictions are passing on the costs of the system to those caught up in it.

This is meant to help localities pay for criminal justice, but the result is that poor people especially are finding it very difficult to escape the clutches of the system, sometimes long after they have done the time for their crimes. Let's look at Legal Financial Obligations (LFOs) and their impact as reported by the Atlantic.

Money Is Tight

LFOs are heavy fines and court fees that must be paid or will result in more sanctions and incarceration. Fines are imposed for various costs of prosecution and incarceration, including bench-warrant fees, filing-clerks fees, court-appointed attorney fees, crime-lab analysis fees, DNA-database fees, jury fees, and jailing. Some states are even charging fines unrelated to an actual sentence.

The Arizona legislature reportedly created a "felony surcharge" added onto former prisoners' bills in 1994 to cover costs of the system. The legislature raises the surcharge amount regularly and by 2012 it had reached 83 percent. Thus, a former prisoner who owes $1,000 in fines and fees, pays an additional $830 to the state. That's a fine on a fine that also accrues interest. Making these financial demands from people released from jail and prison, whose employment opportunities are very limited already and who are struggling financially to survive, results in them staying stuck in the system as interest accrues on fines they will be unlikely to ever pay off.

A Pound of Flesh

Alexes Harris, the author of A Pound of Flesh: Monetary Sanctions for the Poor, says that Legal Financial Obligations can result in thousands of dollars worth of fines that accrue interest. These monetary obligations, Harris writes, "reinforce poverty, destabilize community reentry, and relegate impoverished debtors to a lifetime of punishment because their poverty leaves them unable to fulfill expectations of accountability."

Willful Failure to Pay

In 44 states in the nation, failure to pay fines, if it is willful, will result in more jail or prison time. Theoretically, no one can be imprisoned for their poverty then if they are not willfully failing to pay what they can't afford. But not all judges take the same approach to the willfulness assessment. Ultimately, poor people often go to jail for failure to pay fines, thus losing any footing that may have been gained in society since their release from the system.

Talk to a Lawyer

If you have been accused of a crime, don't delay to speak to a criminal defense lawyer. Many attorneys consult for free or a minimal fee and will be happy to assess your case.

Related Resources:

Find Criminal Defense Lawyers Near You (FindLaw's Lawyer Directory)

Can I Go to Jail for not Paying a Loan? (FindLaw Blotter)

Can I Go to Jail for not Paying Restitution? (FindLaw Blotter)

Can I Be Jailed for not Paying Criminal Fines? (FindLaw Blotter)

 http://blogs.findlaw.com/blotter/2016/07/costs-of-criminal-justice-states-charging-prisoners-for-the-system.html


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Ham radio event set for weekendJune 26,2014Ham radio event
set for weekend
The Green Mountain Wireless Society will hold an open house Saturday and Sunday at Rutland High Schools football field.
Ham radio operators will broadcast from the field announcers booth for 24 hours, starting at 2 p.m. Saturday and finishing at 2 p.m. Sunday. Organizers will have a special station set up for visitors to use under the guidance of experienced operators.
Broadcasters will contact other stations locally and around the world.
The event is part of an annual exercise to prepare for emergencies in which ham radio operators often become important communication conduits.MORE IN This Just In
Full StoryPHILADELPHIA First lady Michelle Obama stepped into the presidential election Monday with a... Full StoryMONTPELIER Five complaints of professional misconduct have been filed against a Windham County... Full Story
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Top Stories
Day One at the DNC: Bringing the Democratic Party's Base Home
The Brian Lehrer ShowThe Democratic National Convention begins today amid a Wikileaks release of thousands of DNC emails showing that staffers favored Clinton over Sanders during the primaries.
ISIS Attacks Peaceful Protest in Afghan Capital
The TakeawayOver the weekend during a peaceful demonstration in Kabul, Afghanistan, two suicide bombers killed 80 people and injured hundreds.
From Soviet Russia to the Tappan Zee Bridge, A Short History of the E-ZPassThe surprising history of the E-ZPass includes Russian spies, the world's first electronic musical instrument, and the time government bureaucracy made your life more efficient.
WNYC@DNCEdit Bucket
Virginia Gov. Terry McAuliffe: Hillary Clinton Will Win
The TakeawayGov. McAuliffe is well positioned for a cabinet position if Clinton wins in November.
Russia's DNC Email Hack to Influence American Presidential Election
The Brian Lehrer ShowCyber-specialists confirm that that the Democratic national committee was breached by two Russian intelligence agencies, potentially implicating President Vladimir Putin.
As DNC Begins, Many Sanders Supporters Not Ready To Get On Board For ClintonBernie Sanders speaks Monday night at the Democratic convention. What was a sign of party unity has been dampened by the DNC's recent email leak showing leaders tried to undercut his campaign.
5 Things To Watch In Philadelphia This WeekHillary Clinton will break the penultimate glass ceiling this week — becoming the first female nominee of a major American political party. Here are some things to watch at the Democratic convention.
Everything You Need to Know About the 2016 Election
We're bringing you a full spectrum of local and national politics that spans neighborhoods, communities and ideas as we inch closer to Election Day.
Arts and Culture
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If War Is Hell, Then Coffee Has Offered U.S. Soldiers Some Salvation
Morning Edition"Nobody can soldier without coffee," a Union cavalryman wrote in 1865. Hidden Kitchens looks at three American wars through the lens of coffee: the Civil War, Vietnam and Afghanistan.
Episode 40: Donald Trump's Ghostwriter and a Poet Fighting Cancer
The New Yorker Radio HourIn this episode, the ghostwriter behind "The Art of the Deal" tells all, and Andy Borowitz reviews highlights of the Republican National Convention.
Fancy a British Accent?
Studio 360With so many British actors playing American characters, Kurt wondered: how hard would it be to learn a convincing British accent?
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Bodega Cats In Their Own Words: Bobo of Chinatown in ManhattanSurrounded by teas, herbs and adoring fans, life is pretty relaxing for Bobo.
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On The MediaLooking back on the Republican National Convention; moving forward with Black Lives Matter; and making sense of military coups.
Study: The Digital Divide Between Latinos And Whites Is ShrinkingAfter years of lagging behind other ethnic groups when it comes to accessing the Internet, the "digital divide" between Latinos and whites is now at its narrowest point since 2009.
The Best of Comic-Con 2016
The TakeawayComic-Con International will open a window into the Harry Potter spin-off "Fantastic Beasts," the new "Justice League" film, and a glimpse at Season 7 of "The Walking Dead."
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SoundcheckThis week, a peek at David Bowie's art collection, Brazilian dance music from Mexico, and a tribute to the late Alan Vega.
Ile: From Salty Hip Hop to Smooth Classics
SoundcheckThe young but already road-tested Puerto Rican star visits the Soundcheck studio for her first U.S. solo performance.


text:
Djibril Cisse's injury-time penalty earned Kuban Krasnodar a 1-1 UEFA Europa League draw at Swansea City on Thursday.
Swansea looked set for their third Group A win as many matches after Michu capped an excellent team move with a clever finish in the 68th minute.
But in an otherwise unremarkable match at the Liberty Stadium, Swansea goalkeeper Gerhard Tremmel came off his line to foul substitute Ibrahima Balde in stoppage time.
And Cisse stepped up to dispatch the spot-kick with aplomb as Swansea conceded their first goal of the group stages.
Swansea made six changes from the team that thrashed Sunderland 4-0 on Saturday, with Tremmel and midfielder Jonjo Shelvey coming in, while Kuban manager Viktor Goncharenko recalled striker Cisse in one of his four alterations.
Goncharenko – taking charge of just his second match since replacing sacked Romanian Dorinel Munteanu – would have been pleased with his side's start but they struggled to create clear-cut opportunities.
And after Nathan Dyer forced Kuban goalkeeper Aleksandr Belenov into a smart save with a testing left-footed effort, Shelvey nearly gave Swansea the lead in the 21st minute.
He combined well with Wilfried Bony and Michu before producing a good first touch, but shot wide from inside the penalty area, before Kuban enjoyed a terrific five-minute spell.
First Arsen Khubulov was released down the right, but saw his teasing cross – that had Cisse waiting to pounce – somehow turned over the bar by a desperate Chico Flores, before Maksim Zhavnerchik's 25-yard effort was pushed wide by Tremmel.
Shelvey fashioned another good chance for himself, after lifting the ball over Kuban defender Igor Armas, but he again shot wide, before Dwight Tiendalli was lucky to stay on the pitch.
The Swansea defender brought down Lorenzo Melgarejo when he looked to be through on goal, but referee Kristinn Jakobsson only produced a yellow card.
Cisse and Ivelin Popov had half-chances for Kuban shortly after the break before in an attempt to change the match, Swansea City boss Michael Laudrup introduced Spanish pair Alvaro Vazquez and Angel Rangel.
It was another Spaniard who gave Swansea the lead, however, as a patient passing move saw Michu break the deadlock.
The striker was involved in the build-up, receiving the ball from Shelvey before playing in Alejandro Pozuelo, and his clipped pass over the top exposed the Kuban defence, with Michu first to the ball as he stabbed past the on-rushing Belenov.
The goal was Michu's fourth of Swansea's UEFA Europa League campaign and they sat back in the latter stages, happy to protect their lead.
They failed to complete the job though, with Cisse's last-minute spot-kick giving Kuban their first point of the group stages.
|G. Tremmel
|D. Tiendalli
|N. Taylor
|Chico Flores
|Jordi Amat
|N. Dyer
|J. Shelvey
|W. Bony
|Coach: M. Laudrup
|A. Belenov
|A. Kozlov
|I. Armaş
|C. Kaboré
|A. Fidler
|M. Zhavnerchik
|I. Popov
|L. Melgarejo
|A. Khubulov
|D. Cissé
|Coach: V. Goncharenko
for D. Tiendalli 59'
for W. Bony 59'
for N. Dyer 77'
for L. Melgarejo 63'
for A. Khubulov 68'
for I. Popov 76'
|Inter complete Ansaldi move
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|Dembele can do anything - Tuchel
|Pogba arrival would boost Rooney - Yorke
|Ben Yedder makes Sevilla move
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|Zenga appointed Wolves boss
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|Ibrahimovic: United fans are waiting for me
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|Leicester can replace Kante - Ranieri
|Lazio complete Wallace signing
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|I rejected Besiktas to fight for Barcelona spot, reveals Mathieu
|De Laurentiis fumes at Higuain´s ´lack of respect´
|Promising Janssen boosts Tottenham´s title hopes
|Besiktas sign Adriano on three-year contract
|Tottenham 0 Atletico Madrid 1: Godin grabs the winner
|Gomis completes Marseille loan move
|Iniesta surprised at Casillas-Del Bosque spat
|New Juve signings do not guarantee success - Allegri
|New Juve signings do not guarantee success - Allegri
|Middlesbrough snap up goalkeeper Guzan
|Guardiola still loves Ribery despite jibes
|West Ham worry over Tore injury
|Serie A could be another one-horse race, says Eriksson
|Schweinsteiger retires from Germany duty
|Iniesta welcomes Barca´s midfield competition
|Drogba: No luck in Arsenal scoring record
|Wenger seeks ´experienced´ striker to bolster Arsenal attack
|Eriksson and Shanghai SIPG still fighting
|MLS All-Stars 1 Arsenal 2: Premier League giants win late as Xhaka makes debut
|Conte: I want aggression and intensity
|Wimmer backs physical Janssen for Tottenham success
|Klopp: I wouldn´t spend £100m on one player
|Sampaoli: Taking Argentina job would be irresponsible
|Payet absence no excuse - Noble
|Gabriel Jesus expects Palmeiras exit amid Manchester City rumours
|Domzale 2 West Ham 1: Crnic double stuns Bilic´s side
|Juventus target Gabriel Barbosa says Santos exit is close
|Leicester duo ready for ´once in a lifetime´ Champions League journey
|Fabregas apologises for Klavan lunge
|Reschke: Guardiola wanted Tuchel to be his successor
|Pochettino expecting further Tottenham signings
|Given retires from international football
|Abdi and Pudil swap Watford for Wednesday
|Leicester sign Chilwell to new five-year deal
|Klopp pre-season ´most intense ever´ for Sturridge
|Simeone backs Griezmann for Ballon d´Or final three
|Puskas Award winner quits football - to become a gamer
|Simeone: Champions League final felt like a death
|Higuain: I have to prove my worth to Juventus
|Guardiola confirms interest in Sane and Stones
|Moreno set for Manchester City switch and Deportivo loan, claims agent
|De Laurentiis pushed me into Juventus move - Higuain
|Savic seeking to put injury woe behind him
|Borussia Dortmund 1 Manchester City 1 (5-6 pens): Gunn´s shootout saves earn Guardiola first win
|Oblak: Atleti need consistency and luck
|Warburton rubbishes Van Persie rumours
|Hospitalised Grujic ´can´t remember anything´, says Klopp
|Premier League, Serie A appeal to Simeone
|Copa Libertadores success ´a dream´ for Borja
|Pochettino honoured by Simeone comparisons
|Argentina have not asked for Sampaoli - Monchi
|Ancelotti: Fitness the key for Bayern
|Bayern win ´a small foundation´ for Montella´s Milan
|Icardi missing due to injury - Mancini
|Emery satisfied with warm-up win over Madrid
|Conte quiet on Tevez, apologises for Fabregas red
|´It was far from a friendly´ - Klopp on Chelsea defeat
|Madrid off the pace, concedes Zidane
|Chelsea 1 Liverpool 0: Cahill´s header seals win
|Grujic says Chelsea´s Matic told him to sign for Liverpool
|Bolasie wants to see Berahino and Benteke at Crystal Palace
|Rodgers hails ´outstanding result´ as Celtic draw
|Walcott claims level of MLS is close to Premier League
|Bayern Munich 3 AC Milan 3 (3-5 on penalties): Bonaventura seals win
|Atletico Nacional 1 Independiente del Valle 0 (2-1 agg): Borja secures Copa Libertadores crown
|Icardi absent again as Inter held by Estudiantes
|Real Madrid 1 Paris Saint-Germain 3: Zidane oversees poor pre-season start
|Hazard vows to rediscover best Chelsea form
|Klopp reveals why he sent Sakho back to Liverpool
|Tevez: Conte wanted me at Chelsea
|Sunderland hopeful Defoe will be fit for Man City opener
|Sundowns overcome Zamalek to book semi-final spot


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A Jewish organization creates unforgettable summer experiences for special needs kids and their parents.
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Five best pairings at Match Play Championship
Rory McIlroy, Rickie Fowler, and Jason Day are all part of the five best twosomes at Dove Mountain.
More Golf: Leaderboard | Rankings | Schedule | Equipment | FedEx Cup | Masters 2014
The Match Play Championship is again upon us, this year sans Tiger Woods, Phil Mickelson and Adam Scott.
Don't worry, though, there are still plenty of good stories (and players) in Dove Mountain this week. Here are your five best matchups for Round 1 (starting on Wednesday) of the tournament:
Rickie Fowler (14) vs. Ian Poulter (3) -- All of the colors. But seriously, this will be a fun match between two of the game's better characters. Too bad, too, it would be fun to see them meet later on in the tournament.
Lee Westwood (8) vs. Harris English (9) -- Two guys going opposite directions in the world rankings and in their respective career arcs. Also two of the best ball strikers on Planet Earth.
Jason Day (2) vs. Thorbjorn Olesen (15) -- I wouldn't bet against Olesen if he was playing Tiger Woods in 2001; that's how dangerous he is. Day should win but this will be a war.
Rory McIlroy (1) vs. Boo Weekley (16) -- Everything I want in my Match Play pairings. The world class favorite trying to seal the deal on his first win since switching to Nike. The underdog No. 16 seed who doubles as one of the best iron players in the world. I just wish we could get a mic on them for their round together.
Jason Dufner (4) vs. Scott Stallings (13) -- Sneaky good match here. Dufner will be the crowd favorite (as usual) but Stallings is playing the better golf. Winner probably gets Luke Donald in the second round. Should be fun.
For more golf news, rumors and analysis, follow @EyeOnGolf and @KylePorterCBS on Twitter or Google+ and like us on Facebook.
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The average salary of a(n) Dental Assistant in Dunnellon, Florida is $37,101.
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Fleece Friday: Take 15% off 1+ yards of Fleece Fabric Through 11:59 PM EDT July 29th.
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Works really well as a quilt.
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Toy quilt and pillows from fabric swatch
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I love this one!
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Yuka Oiwa is a summer intern through the Summer on the Cuyahoga program at the Ingalls Library in the Cleveland Museum of Art. Learn about her experiences working with the director of Library and Archives and other special projects.
The Thinker: A CMA Blog
playlists treasures of heaven Paul Gauguin: Paris film Caravaggio Special Exhibition exhibitions Gauguin international The Cleveland Museum of Art art #get2knowcaravaggio interview five things happening this week Education Events podcast performing arts music Contemporary Art this week at cma curator conservation guest artists birthday visitors Exhibition behind the scenes wari Photography museum Video university circle Collection senufo African Art community arts textiles Parade the Circle Cleveland


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Home > News > Biophan CEO Commences European Financial Tour
October 4th, 2005
Biophan CEO Commences European Financial Tour
Biophan Technologies, Inc., a developer of next-generation medical technology, has announced that CEO Michael Weiner has commenced a multi-national European investment development tour to expand the Company's visibility and support among institutional and other major investors in Germany, Switzerland, and throughout Europe.
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2010 Tony Nominations
BEST PLAY: In the Next Room by Sarah Ruhl Next Fall by Geoffrey Nauffts Red by John Logan Time Stands Still by Donald Margulies...
Scarlett Johansson on her Broadway debut, playing a teenager and Iron Man 2
From wsj.com: The Wall Street Journal: Normally you play characters who are older than you. Is it a challenge to play a teenager on stage?...
Jeff Bridges on Creating a Character, 'Hell or High Water' and Playing The Dude
"I use elements of myself—I see my parallels with a character—and find similar things in my own personality." - Jeff Bridges on Creating a Character
Benjamin Bratt: "For as limiting as the opportunities are for actors and actresses of color I've been very blessed"
"...it's dangerous to keep going down the same artistic path." - Benjamin Bratt
Watch: Keegan-Michael Key Explains Why "Improv actors are at war together"
Check out Key's points on why it's so important for improv actors to have each others' backs in the clip above.
Norman Reedus on Acting: "If it's something you really want, you have to roll with the rejection"
Norman Reedus is a fan-favorite star on The Walking Dead and was in the cult favorite film The Boondock Saints. However, in the dozen years between those two gigs Reedus had experienced ups and downs in his career and in many cases he was cast in very small roles in big movies or lead roles […]
Frank Grillo on Being Typecast: "I welcome it"
"I hear actors pooh-pooh the idea... people might see them as a certain thing. I welcome it" - Frank Grillo on Typecasting


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Violet and Seraphina Affleck's First Lemonade Stand
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Mystery of Angkor Wat
•November 2, 2012
One of the ancient world's lingering mysteries has been solved.
One of the ancient world's lingering mysteries has been solved.
Unknown Entity: I despise these DINOs (Democrat in name only). What scum! Dirty Debbie, Hillary Clinton and her minions rig the primaries and now we are supposed to forget about this and worry about possible Russian hackers. It is Putin's fault, forget about the nefarious activities Dirty Debbie engaged in on behalf of the evil anointed one, Hillary! This sort of deflection bullshit is a hallmark of HRC's life and career. This will not impress any of us Berners, nor will it earn the skank any cross over votes from anti-Trump Republicans.


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Monica M. Brinkman was born and raised in Pennsylvania before moving to San Jose, California, where she co-wrote and appeared in the musical "How Lucky Can You Get", the proceeds of which were donated to the Muscular Dystrophy Foundation. A lover of the arts, she has performed as a singer, actress, and radio commercial voice. Monica now lives in Missouri.
The Turn of the Karmic Wheelby Monica M. Brinkman
View All Available Formats & Editions
"What goes around, comes around." Truer words were never spoken, as evidenced by the complex interactions and fates of the characters in
"The Turn of The Karmic Wheel."
When the residents of Raleigh begin to hear music and voices that aren't "there", and to receive frightening messages from no discernable source, it soon becomes apparent that changes must - and
"The Turn of The Karmic Wheel."
When the residents of Raleigh begin to hear music and voices that aren't "there", and to receive frightening messages from no discernable source, it soon becomes apparent that changes must - and
"What goes around, comes around." Truer words were never spoken, as evidenced by the complex interactions and fates of the characters in
"The Turn of The Karmic Wheel."
When the residents of Raleigh begin to hear music and voices that aren't "there", and to receive frightening messages from no discernable source, it soon becomes apparent that changes must - and will - be made: to their everyday lives, to their relationships, to their bodies, and,
most importantly, to their souls.
Product Details
- 9780984615469
- Publisher:
- All Things That Matter Press
- Publication date:
- 08/28/2010
- Pages:
- 216
- Product dimensions:
- 6.00(w) x 9.00(h) x 0.46(d)
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The Turn of the Karmic Wheel based on 0 ratings. 7 reviews.
Monica Brickman's The Turn of The Karmic Wheel amazed me. The characters and setting come to life though her vivid writing. It's a story of greed, goodness and Karma. She paints a picture of the blackest of souls with the use of Paranormal and Horror. She also illustrates the goodness. light and power of people with generous souls. The interaction between the character's is brilliant. I loved the story line, felt as though I knew the characters and the writing really impressed me. This novel brilliantly portrays what Karma really is.
Monica Brinkman's fine novel brings the notion of karma alive and sets it within a small southern city. Here we find both the good and those who must learn the price of greed, selfishness, and indifference to others. This is a fable that is sure to leave the reader thinking.
The Turn of the Karmic Wheel by Monica by Monica M. Brinkman (All Things That Matter Press) is a combination of naturalism, horror, fantasy and gothic blended in a series of interconnected all-too-human stories of the lives of various men and women in a small town. Each in turn is giving and good, or un-giving and perhaps not entirely evil but caught in self and circumstance, and living in the netherworld between the two extremes. These characters, seem as real and as natural to us as ordinary life. But then the karmic wheel begins to turn in on them and these characters physically become outward manifestations of their internal selves. Each has, or has had, every chance to turn the wheel in another direction, and some do as the supernatural force descends upon them without pity or sentiment, either as plague or benediction. With each turn we can applaud each character's individual fate because they are so real to us. We understand. It's a pity our own world doesn't work the way Monica Brinkman's world does here in this novel. Wouldn't it be interesting if our external, physical selves reflected what we have become or are becoming internally? Only here in The Turn of the Karmic Wheel the rewards and punishments are meted in a grotesque parody of reality we can only call magic realism. The characters live in this novel, and the town they live in becomes as real to us as the air we breathe. That is why when the supernatural force that descends them we can so readily suspend our disbelief. It is a fascinating, chilling story filled with wonderment.
Author Monica Brinkman has created a spectacularly empowering and uplifting novel that delves into social commentary, while establishing new ground in a timeless story of good vs. evil that has bold lessons for humanity. Here karma is viewed as if it's music with each character hearing a song until one by one they all know its melodies. In time these melodies will speak of choices for the soul as each character has a chance at the karmic wheel and their fates are spun together. With each turn of the karmic wheel each of the characters are tested in unusual ways that hark of plagues and vices and which hold timeless messages for humanity. While at first the characters journeys feel like separate islands that is the brilliance within the pages of Brinkman's novel for no one here is an island, no matter how much they might feel that way, not in this sea of humanity. The perceived bad characters in the novel suffer from greed, lust and contempt for others and don't seem quite evil and that is part of the poignant message in Brinkman's tale, that the darkness can creep into anyone and that anyone can lose touch with the goodness in themselves. Within this framework, the good characters too aren't entirely saintly and that is another of Brinkman's gems. The goodness of individual's souls grows all the more here when they're connected with other caring, well meaning folks.
The title of this book pretty much sums up the revelation within, but what caught me off-guard was the way Monica M. Brinkman develops her myriad of unexpected and dynamic characters. I loved the voices, the down-to-earth feel of the characters (which, I admit, I didn't expect from this book for some reason). Brinkman ties all of her characters' lives together, in a singular way, showing how given the same or similar experiences, it is up to them to make the right decisions, the responsible decisions. Some do, some don't, but all of the decisions come back to this town. This book takes a unique look at a town with a cumulative, single consciousness, and how it is up to the decisions of individuals to seal their fate. There's no hiding from Karma!