Showing posts with label drugs. Show all posts
Showing posts with label drugs. Show all posts

Tuesday, January 28, 2014

"Never Say Never"... to Justin Bieber's deportation?

Celebrities such as Lindsay Lohan, Nicolas Cage, and Paris Hilton often make the news when they get on the wrong side of the law. But the recent arrest of Justin Bieber, on allegations of drag racing and driving under the influence of alcohol, marijuana, and prescription drugs, could lead to more serious consequences than just a fine or jail time.

... Except the Miami Beach PD, that is.
Photo used under Creative Commons license from @jiposhy on Flickr.

Bieber is Canadian, and does not hold U.S. citizenship. He is currently in the U.S. on a temporary visa, based on his extraordinary musical abilities. However, because Justin hasn't been formally charged yet, it is unclear whether the offenses would impact his immigration status. Non-citizens in the U.S., such as Bieber, may face deportation or become ineligible for certain types of immigration relief after being convicted of certain crimes. These crimes are formally named "aggravated felonies" or "crimes of moral turpitude" in the law. Although those titles sound serious, some relatively commonplace acts can result in criminal convictions under those categories.

For more news about Justin Bieber's arrest, read this CNN article.

If you are interested in applying for immigration status based on extraordinary ability in the sciences, arts, education, business, or athletics (an O visa), Glickman Turley may be able to help you. Even if you aren't a musical sensation, if you are an immigrant facing criminal charges, or if you are an immigrant who already has a criminal record, then it is important for you to talk to an attorney about your immigration status. Contact us today to see how we may be able to help.





Thursday, November 15, 2012

Supreme Court to Hear Cases About Dog Sniffing Dogs

The New York Times reported on October 29, 2012, that the US Supreme Court will hear cases involving Aldo, a German shepherd, and Franky, a chocolate Labrador retriever. The cases focus on how accurate a dog's nose is when trained to sniff drugs as interpreted under the Fourth Amendment right against unreasonable search.

In 2005, Justice Stevens opined that a drug-sniffing dog does not invade a human's right to privacy because "no information other than the location of a substance that no individual has any right to possess." In his 2005 dissent, Justice Souter referred to a study that showed "dogs in artificial testing situations return false positives anywhere from 12.5 to 60 percent of the time," and that "[t]he infallible dog...is a creature of legal fiction."

Some drug-sniffing dogs are more accurate than others, and some have good days and bad days, according to the article. The result? Difficulty determining false positives from real ones. In 2006, Aldo sniffed chemicals used for concocting methamphetamines in Clayton Harris's pick up truck in Bristol, Florida, after he had been pulled over by police for driving with an expired license place. The Florida Supreme Court concluded that Aldo was unreliable and "ordered that the evidence he found be suppressed." Franky's case involved whether police are permitted to use drug-sniffing dogs outside of people's homes to detect the scent of drugs and drug-making chemicals. The Florida Supreme Court threw out the evidence brought forth by Franky's nose. The US Supreme Court will hear these cases this month.

For more on this story, click here.

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