Saturday, February 28, 2015

DC Police can No Longer use the "Odor of Marijuana" as Grounds for Probable Cause ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1





The "odor of marijuana" - like the "odor of alcohol" - has been both a thorn in the side of the criminal defense bar and a time-tested-true-tool for law enforcement for ever and a day.  Those three (3) words, "odor of marijuana" (and "odor of alcohol"), have been used, and upheld, as establishing probable cause for warrantless detentions ("seizures") and searches for time immemorial.  But not anymore, not in Washington D.C. anyhow.  



New regulations require D.C.'s cops to read over 50 pages on the new law and its enforcement on an internal website, and, per these new laws which permit the recreational use of marijuana D.C. police can no longer use the "odor of marijuana" as a basis for probable cause.  




Per D.C. Police Union Secretary Marinos, this is a concern for cops as the new laws could lead to a heavy caseload for internal affairs.  "When officers get involved in this, its going to open up a lot of internal investigations because they are going to say the officer used his or her sense of smell, which is not usable for suspicion, and that's going to open them up for discipline internally and possibly some litigation."  This is also predicted to lead to D.C. cops not enforcing other laws where marijuana is involved.  The new rules allow people grow as many as six (6) marijuana plants at home and carry up to two (2) ounces of pot, but Marinos says even judging whether someone is carrying a legal amount could be an issue for police.  "We are going to need a pocket scale, or a scale, and the issue is--we are getting into the weeds here but--is it going to be calibrated for every tour? Is it going to have to be MPD issued?  Can the officer purchase his or her own scale to bring in to do his or her job?  These questions haven't been answered by the department or the city council."  There is also some confusion over how many pot plants should be allowed in houses with multiple residents.  Marinos told reporters that "Our members are going to be very, very reluctant.  It's just going to be too complicated--too convoluted.  I think it was purposely written that way, and our members are not going to want to subject themselves to internal discipline by second guessing management and by possibly being sued civilly."





  • Unless you happen to be born with a silver spoon there are no "easy" careers.  All avenues of work have pitfalls, dangers, proverbial hoops... that's a little tidbit called "life".  All one can hope for is to do one's job, whatever it is, honestly and with integrity, and to be satisfied at the end of the day in who one is and with what one has accomplished (and if you are a cop, or in law enforcement, then tack on "making it home to your family safe and sound after each and every shift").  That said, even in D.C. anyone can still be arrested pursuant to the "odor of marijuana" by federal officers and charged with a federal crime as marijuana remains a federally scheduled controlled substance and possession of marijuana remains punishable in federal court.   That said....







  • For more than 23 years Michael A. Haber, P.A. has been providing creative, effective and zealous advocacy and counsel in cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.  





  • At Michael A. Haber, P.A. "Its all about reasonable doubt"!





  • Michael A. Haber, Esq. is prepared to speak with you about your case!














  • THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


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    As Marijuana Legalization in the U.S. Progresses Mexican Cartel Profits Correspondingly Falter ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1




    Marijuana....  yeah, that's it below....



    It's grown in many varieties, strains, potencies and even colors.  This is "White Widow"...




    "Purple Haze"...



    "Blue Dream"...



    And then there are strands which are named after folks you probably know, like Chuck Norris and Dirty Harry (here's a fun link to a few of them... although there are many many more).  




    But all marketing aside, regardless of scientific, genetic or brand names, in the real world of the law, and of law enforcement, there are only two (2) types:  Legal and Illegal Marijuana.  That said, meet 24 y/o Nabor, an ILLEGAL pot grower in the Northwestern Mexican State of Sinaloa.  




    Nabor has been illegally growing marijuana for more than a decade, since age 14, and has watched the steady decline in the profit margin for his product during the course of his, er, career. Nabor has seen both the demand for his product and the dollars paid for it drop, and this pattern has steadily progressed as the various U.S. States have decriminalized and legalized marijuana over the same time period.  Nabor was interviewed by NPR (National Public Radio) and gave some interesting statistics about his cash for crop business.




    Nabor said that "Two or three years ago, a kilogram [2.2 pounds] of marijuana was worth $60 to $90 dollars.  Now it is worth $30 to $40 per kilo."  That is in between 1/3 and 1/2 of what it's value just ten (10) years ago.  And this directly correlates with the fact with more than half of the fifty (50) U.S. States now have either recreational, medicinal use or decriminalized marijuana laws and accordingly many U.S. citizens can now buy, or even grow, their own marijuana, right here domestically.  I you are a Mexican Drug Lord, or even a cartel employee, this cannot be good news, and if you are Nabor, then you yourself have predicted that if the decriminalization / legalization trends continues in the U.S. then you yourself will be "put out of business" (Nabor told NPR that when the per kilo price drops to $20 then they will no longer profit at all).




    And this is not just Nabor talking.  In a November, 2012 study the Mexican Institute of Competitiveness predicted up to a thirty percent (30%) decline in Mexican marijuana prices directly due to U.S. decriminalization (see an article discussing the study here).  





    Daniel Vinkovetsky, Editor of High Times Magazine, told NPR that "American pot smokers prefer American domestically grown marijuana to Mexican grown marijuana.  The higher quality, soaring potency, and legal access all factor into why we're buying American grown. The cheap Mexican weed is not cured or trimmed like American weed, is of much lower quality, and is usually compressed in order to smuggle it across the border."  



    Last year, in 2014, Colorado alone had $700 MILLION in marijuana sales (combining both medical and recreational - see article here).  Of that approximately $63 MILLION went into their general tax fund (see article here).  Apart from supporting education, freeing up resources (police, courts, etc.) it may even be the case that up to $30 MILLION of those taxes collected will have to refunded to and spread among the CO residency (unless the politicians figure a way around their CO Constitutional mandate, which, by the way, may represent the first truly bi-partisan congressional effort ever - keeping the money - see article here).  




    Memo to the Federal and individual U.S. State governments: WAKE UP AND SMELL THE SENSIMILLA.   Decriminalize, Educate, Regulate and Tax Tax Tax the sh*t out of marijuana.



    Michael A. Haber, P.A.:   Creative, effective and zealous criminal defense advocacy since 1991.


    At Michael A. Haber, P.A. "Its all about reasonable doubt".


    Michael A. Haber, Esq. is prepared to speak with you about your case!


    THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


    #Webisode #YouTube #VideoFAQ #AVVO #HaberPA #Arrest #Arrested #CriminalLawyer #CriminalLaw #CriminalDefense #CriminalDefenseLawyer #MiamiCriminalDefenseLawyer #CriminalDefenseAttorney #MiamiCriminalDefenseAttorney #CriminalAttorney #DUI #DWI #DrivingUnderTheInfluence #BUI #BoatingUnderTheInfluence #DomesticViolence #DV #DVRO #DomesticViolenceRestrainingOrder #Seal #Expunge #Sealing #Expungement #CriminalRecord #CriminalHistory #PSA #PublicServiceAnnouncement #Marijuana #Mexico #Cartel #DrugCartel #MarijuanaLegalization #MarijuanaDecriminalization 
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    Friday, February 27, 2015

    Sex, Lies & Videotape - Female Lawyer Arrested after Falsely Accusing Cabbie of Extortion and Video Voyeurism ~ Call Michael A. Haber @ **ARRESTED





    This is a bizarre story, to say the least... Meet Jennifer Gaubert, a Louisiana lawyer.  That's her below...




    Jennifer was arrested and charged with a felony for making a false statement (filing a false police report) claiming that Harvey Farrell (pictured below), a Louisiana cab driver, had tried to extort her seeking $60,000.00 so as NOT to publish a "sex tape" which he had secretly made of the two of them inside of his cab.




    The incident occurred in 2012 when Jennifer entered Harvey's cab and attempted to seduce him. The three plus (3+) minute video (which can be seen here), which started recording sometime after Jennifer had entered the cab and which did NOT capture the initial seduction, clearly shows Jennifer's persistent, serious and raunchy efforts at further cajolery.  Not seeing what precipitated the video, however, it also seems that something (presumably kissing had in fact occurred - as there is a point in the tape Harvey says "no, you kissed me") prior to Harvey doing a secretive and presumed "CYA" video with his cell phone.  


    Regardless of any speculation it is clear, plain and undeniable that when the video begins Jennifer is in the front passenger seat of the cab, clearly lifting up her skirt, tugging on her underwear, exposing her genitals and aggressively trying to goad an utterly unwilling Harvey into having a sexual encounter in his cab, consistently and persuasively using words such as "baby" and "please".




    Not withstanding Jennifer's relentless physical and verbal inducements for sex, Harvey, on the other hand (on tape anyhow - again, what happened before he started filming we don't know), repeatedly insists that he is faithful to his girlfriend, will not fool around with Jennifer and continues asking her where she lives so that he can drive her home.  




    So how is it that Jennifer was arrested?  Well... a year after the incident, On April 5, 2013, the video somehow surfaced and Jennifer filed a police report claiming that Harvey had filmed her without her permission.  She told police that she was intoxicated, that she got in his cab, that they started to fool around "consensually" and that Harvey then filmed her without her permission.  Significantly, Jennifer further alleged that Harvey had emailed her a copy of the video claiming that he'd "make it disappear" in exchange for what started at $60,000.00 (which amount was allegedly lowered to $1,000.00).  Jennifer told the police that "What I did was embarrassing and stupid, but it wasn't a crime.  What he did to me {filming} was criminal". And the police agreed, arresting Harvey for Extortion and Video Voyeurism.




    However, Harvey's arrest was the result of shoddy police work.  Not only did the cops neither see nor secure the alleged extortion email, but as the case against Harvey progressed it became apparent that there never was such an email, or at least that Jennifer could not produce it.  




    Ultimately the DA dropped all charges against Harvey and instead charged Jennifer with a felony for making a false statement.  The case proceeded to trial and on January 16th, 2015 Jennifer was convicted of a lesser misdemeanor charge of simple battery.  On Wednesday, February 25th, 2015 Jennifer received a suspended sentence of one (1) day in jail and one (1) day of probation.  Meanwhile, after his case was dismissed, Harvey filed a federal civil rights lawsuit against both Jennifer her and the City claiming that he was the victim of "false arrest, false imprisonment, malicious prosecution and kidnapping" following the media accounts of his arrest which he says defamed his reputation.




    Memo to Jennifer:   A)  Your being a "member of the Bar" does not license you to get intoxicated, act in an impaired and embarrassing manner and then cry foul.  I don't know the first thing about Louisiana lawyer regulation but in Florida I suspect that your license would be in jeopardy from your actions (both on the night in question and thereafter).  




    B)  Remember her?  She lied to law enforcement too....




    C)  My advise:  The next time that you hail a cab, get in, and stay in, the back seat.



    For more than 23 years Michael A. Haber, P.A. has been providing creative, effective and zealous advocacy and counsel in cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.  


    At Michael A. Haber, P.A. "Its all about reasonable doubt"!


    Michael A. Haber, Esq. is prepared to speak with you about your case!







    THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


    #Webisode #YouTube #VideoFAQ #AVVO #HaberPA #Arrest #Arrested #CriminalLawyer #CriminalLaw #CriminalDefense #CriminalDefenseLawyer #MiamiCriminalDefenseLawyer #CriminalDefenseAttorney #MiamiCriminalDefenseAttorney #CriminalAttorney #DUI #DWI #DrivingUnderTheInfluence #BUI #BoatingUnderTheInfluence #DomesticViolence #DV #DVRO #DomesticViolenceRestrainingOrder #Seal #Expunge #Sealing #Expungement #CriminalRecord #CriminalHistory #PSA #PublicServiceAnnouncement #BadLawyer #Lies #SexLiesAndVideotape #CivilRights #FalseArrest #MakingFalseStatements #Obstruction 
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    Thursday, February 26, 2015

    FL Man Arrested for Disorderly Intox & Criminal Mischief after Urinating on Books in Tavares Library ~ Call Michael A. Haber, Esq. @ **ARRESTED




    Meet 24 y/o Benjamin Wilson.  That's him, his mug shot anyhow, below....




    Here's a different perspective....




    Sometime over this past weekend (02/21-22/15) Benji walked himself into the Tavares, FL Public Library.  





    Benji's initial interaction with library staff led them to believe two (2) things: 1) That Benji wanted to use the free WiFi and 2) that he was "behaving in an off manner", either drunk or on drugs.




    Library staff claimed that Benji's eyes weren't reacting to changes in light and that his speech was severely slurred.  He was also said to have been "having trouble standing and making a complete thought".  That said, it was no surprise when Benji fell asleep on a chair inside the library, or even a short time later when he collapsed over and onto the ground.  Once back on his feet, witnesses claim that Benji stumbled around before coming to a halt.  Staff called the cops when another guest told them that he'd witnessed Benji urinate on a bunch of books.  




    Lake County Deputies responded and found Benji slurring and unable to stand up without support.  He was searched and a half of an unidentified white pill was recovered tucked inside of his green cigarette pack.  The half-pill was impounded and sent to the crime lab for testing while Benji was taken to jail on misdemeanor charges of criminal mischief and disorderly intoxication.  Memo to Benji....






    Since 1991 Michael A. Haber, P.A. has an unblemished record of providing boutique criminal defense litigation services to many folks who have been accused of criminality. 


    Michael A. Haber, Esq. has creatively, effectively and zealously represented clients on a wide variety of criminal matters ranging from DUI to drug trafficking and from misdemeanors to first degree murder. 


    Michael A. Haber, Esq. is prepared to speak with you about your case!  At Michael A. Haber, P.A. "its all about reasonable doubt"!


    THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


    #Webisode #YouTube #VideoFAQ #AVVO #HaberPA #Arrest #Arrested #CriminalLawyer #CriminalLaw #CriminalDefense #CriminalDefenseLawyer #MiamiCriminalDefenseLawyer #CriminalDefenseAttorney #MiamiCriminalDefenseAttorney #CriminalAttorney #DUI #DWI #DrivingUnderTheInfluence #BUI #BoatingUnderTheInfluence #DomesticViolence #DV #DVRO #DomesticViolenceRestrainingOrder #Seal #Expunge #Sealing #Expungement #CriminalRecord #CriminalHistory #PSA #PublicServiceAnnouncement #CriminalMischief #DisorderlyIntox #DisorderlyIntoxication #Intoxication #UrinatingInPublic #PublicUrination 

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