Monday, August 17, 2009
Wednesday, August 12, 2009
Georgia State Football Players Report to Practice
Since I am a graduate of the Georgia State University College of Law, I am really amped about Georgia State getting a football program. It will probably be painful for a few years, but the guys reporting to practice has me really amped.
Tuesday, August 11, 2009
Bears are Mean
Don't try to chase a bear away with a broom. It can only end bad. This lady must not have seen "The Grizzly Man."
Monday, August 10, 2009
McDonough Clerk Fired for Allegedly Stealing City Funds
In local Henry County news, a City of McDonough administrative clerk who happens to be the McDonough Police Chief's wife, was separated from her job for allegedly stealing city funds.
I don't like the way the ajc article is written. The article implies a couple of things. First by making the article about the Chief and not his wife (starting with the headline), the ajc is implying some sort of impropriety or problem with the Chief with absolutely no support . Second, the article also implies that since she is the Chief's wife, there could be some shenanigans in the way the investigation is handled.
Two things:
1. I certainly hope that the Chief is not tainted by the alleged actions of his wife. Even though it is his wife, it's not him. Plus, these are simply allegations at this point. To focus on him rather than his wife is unfair at best.
2. The Henry County District Attorney's Office is extremely professional and fair. Tommy Floyd is one of the, if not the most, respected District Attorney in this State and he has an excellent staff of Assistant District Attorneys, Investigators, and support staff. I am sure the investigation will be handled accordingly. Any unsupported implication that there could be an improper investigation because the clerk happens to be the police Chief's wife is ridiculous.
So what would I have done differently than the ajc? First, I would have talked about an administrative clerk allegedly stealing city funds and mentioned in passing that she happens to be the police Chief's wife (if I mentioned it at all). Although this might be less sensational, it is the right thing to do. Focusing on the Chief and not the wife has serious implications that have, from what I can tell from the article, no support at all. Second, I would not have published anything about any alleged conflict of interest unless I had something to support it.
You may be saying to yourself: "But they didn't say there was a conflict of interest." Yeah right, the article says:
"The district attorney is handling the investigation and McDonough police are not involved, the chief said.
“There is no actual or potential conflict of interest,” the chief said."
The only reason the ajc included this was to imply a conflict of interest. It would sort of be like writing an article about a t.v. personality and quoting him as saying "I have not beat my wife." Of course in that situation, as with the ajc article, the implication is that there is something to defend. Sneaky.
What are my rights if I am stopped by the police?
This is the first part of a multi-part series on police interactions. Of course, this is very general information and each situation will be different. Hopefully this information will be useful for general knowledge purposes. However, if you have been arrested, or have had what you believe was an improper contact with the police, you should contact our office to discuss your potential remedies or defenses.*
Before I went to law school I believed that if the police stopped me, I pretty much had to do anything they asked me to do. Fortunately, that is not the case. One of the first questions people ask regarding interactions with the police is: “Do I have to consent to a search of my person or vehicle if the police ask to search it.” The unequivocal answer is no. If an officer asks for your permission to search your vehicle, the request is exactly that, a request.
Which leads to the next question: “So, when can the police search me or my vehicle without my consent?” The answer is: That depends (which by the way is usually the answer you will get when you ask a lawyer anything). Each interaction with the police is governed by different standards as to what they can and can’t do to you.
Georgia recognizes three distinct levels or tiers of police-citizen encounters. The first-tier involves verbal communications which involve no coercion or detention; the second-tier involves brief stops or seizures which must be accompanied by a reasonable articulable suspicion; and the third-tier involves arrests which can only be supported by probable cause. [1]Each of these “tiers” of encounters has different rules regarding how the police can engage you and what the consequences of your interaction with them will be.
A typical first-tier encounter would be an officer simply approaching a person on a public street and asking them questions. Another example of a first-tier encounter would be an officer approaching a stopped vehicle and inquiring why the vehicle is in the area or asking other questions. [2]In the first-tier encounter, the officer can ask you personal information, ask to see identification, and/or ask to search you. To do this they do not need to have any basis or belief that you are involved in criminal activity so long as the police do not detain you or convey the message that you cannot leave. [3]
Of course, since this type of interaction is voluntary, you do not have to answer any questions or otherwise cooperate with the police. However, if the police stop or prevent you from leaving, then this type of interaction becomes a second or third tier encounter and must be supported by reasonable articulable suspicion or probable cause. What is reasonable articulable suspicion and probable cause? Those are questions I will answer in my next posts.
Serving Dallas, Paulding County, Carrollton, Carroll County, Newnan, Coweta County, Decatur, Dekalb County, Douglasville, Douglas County, Atlanta, Fulton County, Jonesboro, Clayton County, Fayette County, Fayetteville, McDonough, Henry County, Marietta, Cobb Co
Monday, August 3, 2009
Things I Think Are Awful-Part 1
As the ying (or yang) to my "Things I think Are Awesome" post, I give you the following awful things:
1. The Garden of Eden, by Ernest Hemingway. I have been wanting to read something by Hemingway for the last month or so. I made the mistake of letting a woman at a bookstore in Decatur convince me that the Garden of Eden was where I should start. I am pretty sure this is a book about nothing. Nothing except for some weird relationship between a husband, a wife, and some other random girl. The relationships are odd, the story is boring, and there doesn't seem to be any point whatsoever. I rarely stop reading a book halfway through, but this one might force my hand. I will probably finish it, but it is going to be really painful. To put that into perspective, the last book I stopped reading halfway through was Dianetics, The Modern Science of Mental Health. I finished that one, eventually, but it was a little like nails on the chalkboard for a week. To sum that one up, we all have weird recordings (not memories) and we have to "clear" them in order to be high functioning. This includes "recordings" from before conception. Yes, that's right, before conception, not birth. Google around on that one if you don't believe me.
2. The Changeling (Film). This is actually a well done film. The acting is good, the story is interesting, and the direction is spot on, even the cinematography is good, and I don't even know what cinematography is. However, it has to be the most depressing movie I have ever seen. I rarely cringe during movies but with my first child on the way this one hit home quite a bit. If you like true crime dramas with unfulfilling and depressing stories about how everyone on Earth is evil, then this one is for you.
Sunday, August 2, 2009
Things I think are Awesome Part-1
Alright here's the deal, I ran into a couple of things this weekend that I find totally awesome. As I discover new awesome things, I will share them with you.
1. Organic SO Delicious Dairy Free Ice Cream. This discovery comes courtesy of good friends. I know you're skeptical, so was I. I believe organic food is a rip off, and I have no interest in soy anything. However, this ice cream is simply awesome.I have no idea about the health/environment/hippy benefits, but I know it tastes really good.
2. The Catcher in the Rye, by J.D. Salinger. I am pretty sure I "read" this in high school. However, "reading" in high school consisted of sleeping in a such a way that it looked like I was reading. In any case, I am reading it now and it is hilarious and thoughtful at the same time. I highly recommend it.
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