FEDERAL SENTENCING ARTICLE

FEDERAL SENTENCING ARTICLE

When the Federal Court sentences a defendant to a term of imprisonment, the Probation Officer in charge of completing the Presentence Investigation Report may recommend to the bureau of prisons that the defendant be placed in a residential substance abuse program for those who qualify (18 U.S.C. Sect. 3621(e)).

Pursuant to the bureau of prisons program statement (P.S. 5331-02), those serving 37 months or more may be eligible for a sentence reduction up to 12 months; those serving between 31 and 36 months may receive a reduction of up to 9 months; and those serving less than 31 months may be eligible for a reduction of up to 6 months for participation.

As such, review carefully the bureau of prisons program statement (P.S. 5331-02) and determine whether you may be eligible. For example, those with prior convictions of homicide, rape, robbery, aggregated assault, arson, kidnapping or an offense which involves sexual abuse of a minor may not be eligible.

For further information regarding P.S. 5331-02 and how it may affect your case and/or sentencing please call us at 305-443-7005 for a free initial consultation.

FOURTH AMENDMENT (SEIZURE OF PERSONS) ARTICLE

FOURTH AMENDMENT (SEIZURE OF PERSONS) ARTICLE
"Is it unreasonable for an officer to stop me on the street and request to search my luggage or person absent probable cause?"
That depends:
The US Supreme Court has recognized three categories of law enforcement encounters with individuals:
1.) 'casual encounters'
2.) 'temporary detentions' and
3.) 'arrests'
The first type of encounter, a 'casual encounter' has been held NOT to be a seizure of your person and therefore, any information obtained by law enforcement during this 'casual encounter' can be used against you!
The Court has stated that a casual encounter is one where the individual is free to terminate the encounter at any time and without repercussion.
The Supreme Court went on to explain in US v. Drayton that "law enforcement officers do NOT (emphasis added) violate the Fourth Amendment's prohibition of unreasonable seizures merely by approaching individuals on the street or in other public places and putting questions to them if they are WILLING TO LISTEN (emphasis added)... Even when law enforcement officers have no basis for suspecting a particular individual, they may POSE QUESTIONS, ASK FOR IDENTIFICATION, AND REQUEST CONSENT TO SEARCH LUGGAGE (emphasis added) -- provided they do not induce cooperation by coercive means... If a reasonable person would feel free to terminate the encounter, then he or she has not been seized."
Now, what the Court is saying here is that a police officer may initiate conversation with you or I just as any other 'normal' individual and in spite of our programming to the contrary (to give deference and respect to officers of the law) we may "terminate" or ignore the officer and end the conversation absent ramifications.
Clearly (given the above opinion) no member of the Supreme Court has ever had a run-in with the law. No 'reasonable person' would possibly feel free to unilaterally terminate a conversation with a law enforcement officer. This 2002 Supreme Court decision is the unfortunate state of the law.
As such, so long as you are 'free to leave' there is no detention and therefore no Fourth Amendment violations regarding a seizure of a person should an officer of the law stop you in the street to 'chit chat.'
In closing - if you are randomly stopped by an officer while walking around town and do not wish to partake in their conversation, remember: you don't have to talk back. Ask them if you are free to go and if so, end the conversation at that.  For further information regarding seizure of your person by a law enforcement officer please call us at 305-443-7005 for a free initial consultation.