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Ohio justices: Cell phone searches require warrant
Lawyer Blog News | 2009/12/16 17:13

The Ohio Supreme Court said Tuesday police officers must obtain a search warrant before scouring the contents of a suspect's cell phone, unless their safety is in danger.

The American Civil Liberties Union of Ohio described the ruling as a landmark case. The issue appears never to have reached another state high court or the U.S. Supreme Court.

The Ohio high court ruled 5-4 in favor of Antwaun Smith, who was arrested on drug charges after he answered a cell phone call from a crack cocaine user acting as a police informant.

Officers took Smith's cell phone when he was arrested and, acting without a warrant and without his consent, searched it. They found a call history and stored numbers that showed Smith had previously been in contact with the drug user.

Smith was charged with cocaine possession, cocaine trafficking, tampering with evidence and two counts of possession of criminal tools.

During his trial, Smith argued that the evidence obtained through the cell phone search was inadmissible because it violated the constitutional ban on unreasonable search and seizure.



Colo. Supreme Court bans smoking in live theater
Court Feed News | 2009/12/16 15:04

The Colorado Supreme Court has upheld a state ban on smoking by actors onstage, ruling that public health trumps actor's freedom of expression.

The court ruled 6-1 on Monday that a state indoor smoking ban applies to theaters. Observers called it the first decision by a state court upholding the extension of a smoking ban to theatrical performances.

Of 24 states with indoor smoking bans, 12 have exemptions or exemptions on a case-by-case basis for theatrical performances, according to the ruling.

The court said performances typically convey their message "by imitation rather than by scientific demonstration" and that there are alternatives to smoking on stage.

It also agreed with Attorney General John Suthers' argument that the state Legislature passed a narrowly tailored law to protect public welfare, not to limit speech.

Colorado's law bans using alternatives to tobacco cigarettes, such as cigarettes filled with cloves or tea leaves.



EDF wins EU court challenge on euro1.2 mn state aid
Legal World News | 2009/12/16 13:14

Electricite de France SA could potentially recover some euro1.2 billion after it won a European Union court challenge Tuesday that said EU regulators were wrong to order the company to repay tax relief to the French government.

The ruling from the EU's general court can still be appealed to the EU's highest legal authority, the court of justice — or EU regulators can also come to a new decision on the subsidy that would address the court's criticisms.

The court said Monday that the European Commission had failed to check if the French government had acted like a private investor when it decided that the company had effectively received an illegal subsidy by reclassifying money saved from a 1997 tax break as a capital injection.

The court said regulators had violated EU state aid law by failing "to apply the private investor test" to the terms of the capital injection — even if the money had come from a fiscal debt.

In 2003, commission ordered the company to repay the euro888.89 million tax concession to the government, saying it was a state subsidy that gave the business — then state-owned — an unfair advantage over rivals.

At the time, it was the highest subsidy that the EU had ever ordered to be repaid. With interest, the full amount was euro1.2 billion — which EDF has now paid to the French state.



Prosecutors: LA man cheated investors out of $10M
Business Law Info | 2009/12/15 14:57

A Los Angeles man has pleaded not guilty to running a Ponzi scheme that cheated about 50 investors in a NASCAR merchandise wholesale business out of at least $10 million.

Federal prosecutors say 63-year-old Eliott Dresher was arraigned and ordered held pending trial in U.S. District Court Monday.

The U.S. attorney's office says Dresher claimed investors' money would be used to buy NASCAR apparel and sell it to stores. He claimed he had $70 million in various accounts and his business would return 20 percent every six months.

Dresher ran his scheme for about 10 years before it c



2 guilty of killing CA teen, hiding body in drum
Criminal Law Updates | 2009/12/15 14:56

Two Riverside County men have been found guilty of murdering an 18-year-old girl, putting her body in a 55-gallon drum and leaving it in a field in Southern California.

Two separate Riverside Superior Court juries on Monday convicted Jeffree Buettner of Menifee and Glen Jones of Wildomar of the 2002 murder.

Prosecutors say Buettner and Jones beat and strangled Stephanie Benton because they thought she was talking to law enforcement about other crimes the men had committed.

Her decomposed body was found in a drum in a Lake Elsinore field with a leather belt around her neck and duct tape wrapped around her head.

The juries also found special circumstances that make the men eligible for the death penalty.



Erin Andrews, accused stalker due in court
Court Feed News | 2009/12/15 14:53

Erin Andrews plans to be in a Los Angeles courtroom when a man accused of secretly filming her nude enters an expected guilty plea to stalking.

A hearing is set for Tuesday afternoon for Illinois insurance executive Michael David Barrett to enter the plea. Andrews' attorney, Marshall Grossman, says the ESPN sideline reporter will attend and may call for a tougher sentence against Barrett.

Prosecutors have agreed to seek a 27-month prison sentence against Barrett, but he faces up to five years in federal prison and a fine of $250,000.

Barrett is suspected of renting hotel rooms next to Andrews three times and shooting two videos of her. He is accused of posting the videos online.

Andrews called the experience a nightmare in a September interview with Oprah Winfrey.



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