SCOTUS Rules It’s O.K. For Cops to Search Without a Warrant If They Smell Marijuana Smoke

The U.S. Supreme Court made an important Fourth Amendment ruling this afternoon that may have effect on marijuana smokers and their protections against unreasonable searches and seizures. It’s a tricky issue that concerns whether or not police need a warrant to enter a residence under the suspicion that evidence otherwise might be destroyed. It essentially helps define probable cause as noise and marijuana smoke as grounds for the police to enter a residence without a warrant. Via the Washington Post:

The court ruled 8 to 1 that Kentucky police who smelled marijuana at an apartment door, knocked loudly and announced themselves, and then kicked in the door when they thought the drugs were being destroyed did nothing wrong.

Here is the sparknotes version of the ruling, via NORML: “When they smell it, they can knock on your door and then break it down, claiming they heard noises from within.” There’s fear that the interpretation allows cops probable cause to conduct a warrant-less search by claiming they smelled pot and heard noises, even if there’s absolutely no substance present and random noises are just a figment of an officer’s imagination. Read full reports and educate yourself at the Washington Post and L.A. Times. See Below for Justice Ruth Bader Ginsburg’s strong dissent from the ruling.

“The Court today arms the police with a way routinely to dishonor the Fourth Amendment’s warrant requirement in drug cases. In lieu of presenting their evidence to a neutral magistrate, police officers may now knock, listen, then break the door down, nevermind that they had ample time to obtain a warrant. I dissent from the Court’s reduction of the Fourth Amendment’s force. …

“Wasting a clear opportunity to obtain a warrant,” therefore, “disentitles the officer from relying on subsequent exigent circumstances.” As that court observed, nothing made it impracticable for the police to post officers on the premises while proceeding to obtain a warrant authorizing their entry. …

In Johnson, the Court confronted this scenario: standing outside a hotel room, the police smelled burning opium and heard “some shuffling or noise” coming from the room. Could the police enter the room without a warrant? The Court answered no. Explaining why, the Court said: “The right of officers to thrust themselves into a home is … a grave concern, not only to the individual but to a society which chooses to dwell in reasonable security and freedom from surveillance. When the right of privacy must reasonably yield to the right of search is, as a rule, to be decided by a judicial officer, not a policeman … “If the officers in this case were excused from the constitutional duty of presenting their evidence to a magistrate, it is difficult to think of [any] case in which [a warrant] should be required.”

I agree, and would not allow an expedient knock to override the warrant requirement. Instead, I would accord that core requirement of the Fourth Amendment full respect. When possible, “a warrant must generally be secured,” the Court acknowledges. There is every reason to conclude that securing a warrant was entirely feasible in this case, and no reason to contract the Fourth Amendment’s dominion.”

Buying a law school education or buying a brand?

It’s nearing graduation so I thought I would post an interesting piece on how much that J.D. is really worth. It has been reported that student debt in the USA is approaching a trillion dollars, five times what it was ten years ago.

Are those in debt buying more education or are they seeking better branding in the form of coveted diplomas? Does a $40,000 a year law school education that comes with an elite degree deliver ten times the legal education of a cheaper but no less rigorous self-generated approach assembled from less famous institution?

If not, then the money is actually being spent on the value of the degree, on the doors it will open and the jobs it will snag. If this marketing strategy works big, it pays for itself in no time. A marketing tactic might move the dial, but that doesn’t mean it’s always worth the money.

The question is whether a trillion dollars is the right amount for individuals to spend marketing themselves. What would happen if people spent it building up a work history instead? On becoming smarter, more flexible, more self-sufficient and yes, able to take more risk because they owe less money.There’s no doubt that we need smarter and more motivated people in our society. I’m not sure we need them to be better labeled or more accredited.

Why the Barry Bonds Verdict Makes No Sense

Read HERE why the verdict released by the Jury today makes absolutely no sense whatsoever. Personally, I think this trial is a waste of time and money for both sides.

KOBE is the New Icing

If you’ve been looking for something to replace Icing… I think I’ve found it. I mean, that was utterly retarded so this has to be the logical next law school craze: hurling yourself, belly flop–style, arm outstretched, onto a beer pong table mid-game. KOBE!

Bacon Cologne?! A Must for Lawyers

This season’s juiciest cologne for lawyers is bacōn (that’s pronounced “bay-cone”) by fargginay, the world’s first bacon fragrance.

According to a press release:

bacōn is a passion project mirrored after one of the 20th Century’s greatest legends. The Legend of Fargginay began in 1920 when quite by accident John Fargginay, a Parisian butcher discovered the ability to dramatically elevate his customers’ mood with a secret recipe blending herbs & essential oils with the essence of…bacon. As the story goes, film stars & heads of state would frequent his shop to procure the magical elixir. With a wink of the eye and the secret code, “fargginay,” customers would be slipped a discreet pouch containing the formula said to trigger pleasant memories. After a massive fire on July 4, 1924, the business was lost and so was the formula…Until now.

bacōn’s tagline: “scent by the gods.” My suggestion: “stench of a diner.” And suddenly, I’m hungry.

The eau de ew comes in both bacōn Classic and bacōn Gold, each only $36. Take a look at the perfume’s kitchy commercial below.

 

Law School Love At First Sight

Airline Safety with Richard Simmons

Opulence, I Has It.

Click on the link to go to the world wide famous Sokoblovsky Farms. The best and only breeders of Petite Lap Giraffes.

 

Lawyers are Tough Enough for the ToughMudder

I recently signed up for the Nor-Cal ToughMudder event that will take place on Sept. 17th in Tahoe. On the registration page it asked me “What type of ToughMudder are you?” It then gave me these options:

• Extreme Sports – Adrenaline
• Frat House
• Extreme Sports – Physical
• Navy
• Fighting
• Army
• Firefighter
• Airforce
• Lifeguards / Paramedics
• Marine
• Military Coast Guard
• Mountaineering
• ROTC
• Police
• National Guard
• Rock Climbing
• Runner
• Running – Competitive
• Triathlete
• Running – Fitness
• Accountants & Consultants
• Weightlifting
• LAWYER
• Journalist
• Banker
• Construction

Yep, Lawyers are right there in the mix with those in the Army, Frat House  and Extreme Sports.

Charlie Sheen: USF Law Commencement Speaker?

Given his recent televised diatribes, Charlie Sheen would probably make a fairly entertaining commencement speaker, especially at USF Law School.

There  are already some students at George Washington University who are advocating for him to speak.  A small campaign has started to bring the disgraced actor to campus to send next year’s graduating class into the real world with, we assume, quips about tiger’s blood and prostitute sleeping arrangements.

A Facebook page titled Charlie Sheen for Commencement Speaker GWU 2012 has nearly 800 likes (there’s an official site, called Winning GW, too).

Similar campaigns have cropped up at West Chester University and the University of Georgia. There soon will be one for USF Law =)

What do you think Sheen’s best advice for law school graduates would be? Let me know in the comments section.

San Francisco Outdoor Drinking Schedule

While I may be studying for the California Bar Exam this summer, it does’t mean I can’t vicariously attend each and every one of these SF Events.

Thus, I present the ODDS (Outdoor Daytime Drinking Season) 2011 Calendar:

March 17 – St. Patrick’s Day (Green Street Block Party)

March 19 – St. Patrick’s Day II (Parade and Irish Bank Alley Party)

April 16 – San Francisco International Beer Festival (Fort Mason)

May 1 – Opening Day on the Bay (Sam’s in Tiburon)

May 5 – Cinco de Mayo

May 7 – HoWeird Street Fair

May 14 – O’Reilly’s Oyster & Beer Festival

May 15 – Bay 2 Breakers

May 21 – KFOG Kaboom (Embarcadero)

May 28 & 29 – SF Carnaval (Mission)

May 29 – Muir Beach Fireman’s BBQ

June 4 & 5 – Union Street Festival

June 12 – Haight Street Fair

June 18 & 19 – North Beach Neighborhood Festival

June 25 & 26 – SF PRIDE Parade

July 2 & 3 – Fillmore Street Jazz Festival

July 4– obvi

July 14– Bastille Day (Aventine Block Party)

July 23 & 24 – North Beach Jazz Festival

July 26- 28 – Cal. Bar Exam!

August 13 & 14 – Outside Land Music Festival

September (all month) – San Francisco Blues Festival

September 9-11 – Power to the Peaceful Festival

September 17 – North Beach Bar Run

September 22-25 – Oktoberfest By The Bay

September 24-25 – Polk Street Blues Festival

September 25 – Folsom Street Fair

September 30-October 2 – Hardly Strictly Bluegrass Festival

October 1 – LovEvolution (Love Parade)

October 2 – Castro Street Fair

October 6-10 – Fleet Week

October 9 – Italian Heritage Parade (North Beach)

October 15 & 16 – Treasure Island Music Festival

October 31 – Halloween (Ghostship)

November 1 – Dia de los Muertos

December 3 – Santacon

December 31-January1 – Sea of Dreams & Breakfast of Champions

The Bachelor Episode 9: It’s a very large land full of some very exotic wild animals.

Nearing the Dramatic Conclusion now, and we have found ourselves in South Africa. I hope the wedding is there too! Then they can get t-shirts made that say “We Apar-Tied the Knot in South Africa!” Let’s get started with a bunch of filler. Greatest Moments of Chantal Crying. Ashley worrying because she is a normal person and gets upset that her pretend boyfriend is dating other people. Blah blah blah. I also I need to address a major blunder from last week’s recap.

An astute reader pointed out that during the memorable carnival date in episode two, Dental Ashley told Brad that her dad was homeless. Then last week we visited Dental Ashley’s dad’s house. Sure, he smelled like gin-rich urine and hit up Chris Harrison for some loose change, but I do not think you can technically call someone homeless if you have been to his home. Also, I think we have all gotten nervous on dates and told a lie or two, but come on, Dental Ashley: at least tell lies that make you look good. I apologize for allowing all of this escaped my attention. I am disappointed in myself for letting down you and Chris Harrison.

With that out of the way, we are off to South Africa for roses, rhinos, and racism. Brad starts things off by narrating another rundown of each girl’s strengths and weaknesses. As he does this, we see that Brad will be bringing approximately nine pieces of luggage with him to symbolize his two defining characteristics: being indecisive and dragging around a ton of emotional baggage.

In Africa Brad meets up first with Chantal who is dressed in her finest safari jorts. A guide drives them out among the lions and tigers and bears for a high-risk picnic. While it would be entertaining to see Brad meet his demise at the hands of a hippo, I am willing to settle for a Francis Macomber ending too, especially if that means Chris Harrison gets to nail Chantal in the tent tonight.

Dinner and a long talk about how Important and Serious marriage is. Hey, since that last one didn’t work out, Chantal, how about marrying someone you’ve gone on 5 dates with on TV? That should be a mortal lock for Marriage Success. Chris Harrison sends a little note along and wants to know if they want to hook up in the Fantasy Suite. Chantal is on that like lion on a wildebeest. They go check it out and it’s a big open treehouse kind of thing. Like a lazy susan for predators. Anything that can climb a tree can feast on Chantal’s innards. We go to commercial with heavy suggestions that Brad and Chantal slept together. Having been to Africa several years ago, I can tell you that one good thing about having sex while on that continent is that the girl might believe you when you tell her that those sores are symptoms of Dengue fever.

The next morning Brad meets up with Emily for some big-game hunting. They cancel that date though when Brad emerges from the trees riding tandem with a local man atop an elephant. Emily hops on board and they ride off for a date that they realistically could have had at Zoo Atlanta. The date is an instant downer though because Emily wants to grill Brad about whether he is okay with the fact that she has a daughter. Brad pretty much has to say he is okay with it if he hopes to have Emily join him in the tree house.

After a commercial the two eat dinner and still have as little to talk about as they have on all of their previous dates. When Brad invites Emily into the Fantasy Suite, she balks at the invitation. Then she caves in and goes under the guise of “We’ll just talk,” which is the time-tested female equivalent of proposing “Just the tip.”

The following day Brad meets up with Dental Ashley, who is elated to be in a country where her father would make the Fortune 500. The excitement is short-lived though as Dental Ashley admits that she is terrified of flying in helicopters. Given the frequency of helicopter dates on “The Bachelor” over the years, this revelation is equivalent in its absurdity to hearing a contestant confess to Pat Sajak that she is dyslexic. She has some kind of helicopophobia.Also, by this time, Brad could probably FLY the fucking thing, he’s been on so many goddam helicopters.

Dental Ashley stomachs the ride though and then addresses Brad’s career, school, and relocation questions head-on. Brad makes clear once again that he is a wary of Dental Ashley’s career plans. There is an excellent chance that this is Dental Ashley’s final episode, but she has acquitted herself well during the past few weeks. Curiously enough, if Brad were playing by Marquess of Queensbury Rules, he would have sent Chantal and Emily home already due to the divorce and kid respectively and Ashley would have won by now. She joins Brad in the fantasy suite but it does not appear that anything is going to go on in there.

Following what was a long commercial break even on Tivo, Brad sits down for a chat with Chris Harrison and the framed headshots of the three remaining girls. Chris Harrison lets Brad know that he just became Facebook friends with Nelson Mandela, to which Brad replies, “I thought those guys were chicks the first time I saw the “After the Rain” video on MTV.”

At the Rose Ceremony™ Brad pulls Ashley aside for a chat. This is interesting because Brad tends to give roses to any girl he pulls aside to talk which tells me that he has to be thinking about keeping her. But then the tone of their talk is pretty negative and it sounds almost like Brad is asking Dental Ashley to talk him into keeping her. Instead, Brad dismisses her and puts her into the Range Rover of Tears, which is subbing for the Limo of Tears because we’re in Africa. Brad pauses for the Dramatic Head Bow Over the Railing. Since there’s 2 roses and 2 chicks, there’s not a lot of dramatic tension her.

Dental Ashley hits the road alone and Brad goes back in to toast to the finalists. Even though the suspense is gone, Chris Harrison and I ask Brad to do a Rose Ceremony™ anyway because we still need a few more minutes to figure out how to smuggle all of these elephant tusks back into the States.

The Bachelor: Hometown Dates Breakdown

A friend forwarded me this analysis of last night’s Bachelor Episode. For those of you who love the show, you’ll find it hysterical. Enjoy!

Tonight Brad will be jetting off to spend some time meeting each girl’s family. This might be a fairly short episode because, if memory serves, Shawntel was the girl on the show this season who talks to her dad at all. I am hoping that we will get to meet Chantal’s first husband and Dental Ashley’s hygienist but I am most interested to see whether we meet Emily’s daughter. I bet we will not meet her until she appears as a contestant circa 2024.

Because we will be going to California, Washington, North Carolina, and Maine, tonight’s episode naturally begins in New York City. Brad steps out on his veranda donning a newsboy hat because that is what New Yorkers wear when they feel the need to reflect on their adventures in polygamy. Brad shares his deepest thoughts on each girl: Chantal is annoying but crazy. Ashley is hyperactive but insecure. Shawntel possesses sufficiently few distinctive qualities as to leave Brad with almost nothing to say about her. Emily is damaged goods but boring. Basically, we sorely miss Nanny Ashley.

On our first hometown date, Chantal will be showing Brad around Seattle. While Brad and Chantal hang out, Chris Harrison and I will be at Ichiro’s house playing Wii. I have never been to Seattle but I have also never seen anyone on television go to Seattle without throwing and catching salmon at the outdoor market. I give us five minutes before Brad and Chantal follow suit.

Inside Chantal house we learn that she owns two cats and a homosexual dog name Boca. We also learn that Brad’s loft is too small for three pets and their owner. I consider myself to be a fairly inflexible person but what exactly is stopping Brad from moving to wherever any of these girls live? He is a bartender for Christ’s sake.

We go to Chantal’s parents’ house for dinner. Chantal’s mom Billie Joan is better looking than Chantal. Chantal’s dad Michael shares Brad love of purple shirts, though we can give Micahael the benefit of the doubt here because he may be a Washington fan. Chantal’s brother Connor is inexplicably dressed to play basketball. Chantal’s dad goes out of his way to be cool to Brad, but Brad has a gift for making any conversation awkward. Dad, who’s clearly had some work done and has a shiny smooth sheen, and Brad go off to Dad’s wing or whatever and Dad shows him his massive “Self-Made Man” sculpture that looks like something you’d get from the SkyMall catalog. This visit was boring and I have a feeling the entire episode is headed in the same direction. At 9:00 I may go looking for a girl from Seattle who really knows how to have fun and flip to Lifetime to watch “Amanda Knox: Murder on Trial.”

After a commercial we travel to Madawaska, Maine to meet Dental Ashley’s family. Brad is dressed in a flannel shirt and it occurs to me that he wore a vest in Seattle and a newsboy hat in New York. I cannot tell whether he thinks himself debonair for dressing like a caricature of the locals or if he is taking regional fashion tips from the Village People. I suppose we will not know for sure until Brad wears camouflage in North Carolina and a hemp poncho in Northern California.

After lunch at a local restaurant eating poutine, which is french fries covered with cheese and gravy and obviously was invented by a HUGE STONER, they head to dinner at Dental Ashley’s parents’ house. Dental Ashley’s dad and brother wear flannel like Brad and her sister has a tattoo sleeve. She is sort of a Goth version of Dental Ashley. Also, the entire family has great teeth, which suggests that Dental Ashley is good at her job. I was down on Dental Ashley for a few weeks there, but she has put together a strong showing the past few weeks. Competent and cute is a good way to go through life.

Following dinner Brad expresses some trepidation over the fact that Ashley is in dental school and has career goals. Her sister attempts to relieve him of those fears but Brad is clearly a little intimidated here. Still, this date seemed to be livelier than the date with Chantal was. Brad leaves with a paper bag full of household items he’s stolen.

The next segment starts with a commercial for Shawntel’s family undertaking business. Brad goes to meet Shawntel at a mausoleum in Chico, California. Brad immediately starts breathing heavily when Shawntel shows him how the crematorium works and then brings him into the embalming room and has him lie down on the gurney. Shawntel is freakier than even I would have hoped. I wish they would have skipped the Chantal date and done two of these Shawntel dates. My great uncle Joe was a funeral director. He was a hilarious guy.

That afternoon Brad and Shawntel head to Shawntel’s family’s house for a late lunch. Shawntel’s dad Rick has a mustache that likely earns him a ton of respect within the industry. Rick though makes it clear to Brad that he expects Shawntel to take over the family business and stay in Chico. This leads to a tense moment at the table and Brad reiterates his attachment to Austin where the bar scene admittedly might be cooler than that of Chico.

Shawntel and her dad have a private discussion over the need for Shawntel to remain in her hometown. This probably was not the optimal occasion to have that discussion but Brad uses the opportunity to steal away to kitchen and get a few drinks in Shawntel’s mom. He should have tried this with Chantal’s mom on the Seattle trip. She deserved a rose. The date ends with Shawntel letting Brad know that she loves him but Brad’s reaction is tepid. I think Shawntel might be on thin ice and that is a shame.

After the commercial we see Emily and her daughter hanging out at a park. I have made enough trips to Charlotte to know that this date is going to culminate with the band at Buckhead Saloon inviting Chris Harrison on stage to play drums on “Fishin’ in the Dark.” Brad arrives carrying a giftwrapped kite for Emily’s daughter. The youngster wants no part of Brad but he finally pesters her into putting up with him and they play with the kite. A third wheel is not helping this date move along.

That night we do not meet Emily’s parents but Brad gets a taste of parenting when he is treated to an evening of playing Candyland, tucking in the daughter, eating TV dinners, and refraining from having sex. The latter of these activities comes to pass because Brad cannot perform sexually when a six-year-old is present, which is funny because I can perform sexually only when a six-year-old is present. They end up kissing good night, but things do not look promising for Emily. This is why you have to eliminate the girls with kids, ex-husbands, and dead husbands in the first episode.

Following the commercial Chris Harrison graces us and Brad with a pep talk back in New York. This is going to be a tough Rose Ceremony™ for Brad. I think that any of the girls could be a candidate to get the boot. Chantal is a little intense but Brad liked her dad and Brad probably needs a dad more than he needs a wife. Dental Ashley is playing strong right now but Brad is worried about the fact that she is not as dumb as he is. Shawntel is nice and good-looking but Brad has reservations about her relocation hang-ups and the whole necrophilia thing. Emily is the best looking one but she is not too interesting and Brad clearly was not as into the kid as he expected himself to be.  Chris Harrison, who plays this game at an entirely different level from the one the rest of us play on, points out that the visit to Dental Ashley’s hometown went the best but that Dental Ashley is the one girl who has not told Brad she loves him. This is going to brain-fuck our simple-minded suitor.

It is now time for the big moment and I am going to guess that Emily is going home. The roses go out like this:

1.      Dental Ashley: She has to be the favorite right now. Chris Harrison called this early.

2.      Emily: Wrong again, though on second thought she is no less interesting than Brad.

Chris Harrison steps back in to let us know that we will never again have to be confused about who Brad is talking about as between Chantal and Shawntel. It is nice to get one more run at this where we will not knowwhich girl got the rose  until one of them steps forward. I still do not know which one has which last initial. I think that he is going to let Shawntel go, but neither would surprise me.

The final rose goes to Chantal. That was a tough end for Shawntel. Next time Chris Harrison and I find a dead girl in the hot tub, I know exactly who will get the call to embalm her.

Obsession by Facebook

Website of the Week: “Forever Alone: Faces of Rejected Bachelorettes”

A friend of mine who knows that The Bachelor is a guilty pleasure of mine recently emailed me this website. It is entitled, “Forever Alone: Faces of Rejected Bachelorettes” and features just that, the faces of rejection on reality TV. It’s interesting to see how different girls deal with Brad’s rejection when he kicks them off the show. Enjoy the variety!

Also, if you are looking for a great perspective on the show. Check out this blog, he writes a weekly update about The Bachelor and I personally find what he says to be hysterical.

Sincerely, Team Chantal O.