Possessing Grandpa's old Mossberg Shotgun can land you 10 years in prison under Federal Law if you smoke Marijuana

According to Congress, a person that uses cannabis for medical purposes or otherwise (illegal under Federal Law) effectively forfeits their right to keep and bear arms under the 2nd Amendment. 18 U.S.C. § 922(g) prohibits specified categories of persons from shipping or transporting in interstate or foreign commerce or from receiving any firearm or ammunition which has been shipped or transported in interstate or foreign commerce or from possessing, in or affecting interstate commerce, any firearm or ammunition. A violation of 922(g) can lead to a maximum term of 10 years imprisonment, unless the statutory enhancements of the Armed Career Criminal Act apply.

18 U.S.C. § 922(g) states:

It shall be unlawful for any person– …

(3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. § 802));

…to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has shipped or transported in any interstate or foreign commerce.

David Sloane, AttorneyDFW-NORML Public Information Officer
http://www.sloanelaw.com

Smugglers Blues

Beware in the Texas Panhandle: (Texas Counties: Potter, More, Hartley & Dallam)
In my Criminal Defense practice I am seeing some alarming trends in Police Drug Interdiction tactics in the Texas Panhandle with Colorado’s relaxation of their Marijuana laws. I am finding myself defending people in these areas more than ever before. The Texas Highway Patrol (Department of Public Safety) and a few local agencies have stepped-up and bolstered their drug interdiction tactics dramatically in the Texas Panhandle corridor leading from Colorado in an area primarily North and West of Amarillo. US Highway 87 running through Potter, Moore, Hartley, and Dallam Counties appears to be the areas where police are most active in their Drug Interdiction Efforts. With a great deal of success they are apprehending a number of person transporting varying amounts of Marijuana from Colorado into the State of Texas. Often with those caught with smaller quantities, the cannabis was still contained within packaging from a Colorado dispensary. It appears the percentage of vehicles being searched during "routine" traffic stops in this area clearly exceeds the national average, which normally runs about 5% of the number vehicles stopped resulting in a search. These searches appear to be roughly split 50/50 consensual and non-consensual with no marked differences with consent in the percentage of instances where Marijuana was found.

Police Interdiction Tactics:
The interdiction tactics being employed by Texas State Troopers appear for the most part are run-of-the-mill. Aggressive use of traffic enforcement to generate and exploit opportunities to search are generally employed such as stopping someone for exceeding the speed limit only by one or two miles an hour, or other minor moving or equipment violations. My personal favorite (certainly the most cleverly-amusing) is their use of a ‘rolling surveillance’ where in a marked patrol car they travel along in the outside lane 10-15 miles an hour UNDER the speed limit, just to see who DOESN'T have the nerve to pass them because they have a carload of Ganja. Once stopped they will ask the driver a series of questions requiring a “No” answer (such as “you don’t have anything in your car do you?”) to get the driver into a pattern of saying “No” and will then say “Oh, well then you won’t mind if I search?” Of course another way they freequently generate "reasonable suspicion" is asking a series of harmless sounding questions and looking for inconsistencies. (Where are you coming from? Where are you going? etc. This is NOT just small talk!) Virtually all non-consensual searches involving Marijuana arrests I’ve seen involve an officer claiming he smelled it. With the pungent smell of marijuana these days it no longer has to be burning to permeate the vehicle or an officer to recognize it. There is a reason they call it Dank. While stops of this nature are technically legal when they begin, they can become illegal when the depth and scope of the police inquiry and the length of detention exceeds what is reasonably necessary based upon the initial reason for the stop. For example, in the cases of a traffic violation the officer exceeds the time it takes for him to make his customary checks and issue the citation. (And he really has no business messing with the passengers in cases of an alleged traffic violation.) In cases of reasonable suspicion, the officer exceeds the time it should take for his suspicions to be refuted or confirmed via lawful means, and nothing has been said or done to raise more suspicions. An officer may not detain a motorist longer than is reasonably necessary to complete the investigation absent reasonable suspicion of additional criminal activity.

State and Federal Drug Criminal Prosecutions & Drug Asset Forfeitures:
It appears being caught with a small amount will land the person in jail on State charges and cash and asset forfeitures (such as the vehicle used.) However, the Federal authorities are very quick to adopt cases involving larger amounts; and those instances where a firearm was also found in the vehicle, which gives a Federal prosecutor an instant twenty-year bump under their statutes in the plea-bargain process. Nearly all of those caught small amounts of hash were shocked to learn they were being charged with a felony under the Texas statutes. My best advice to anyone vacationing in Colorado not coming back by way of Omaha is to say: “What happens in Colorado, stays in Colorado” if you aren’t planning on needing me.

http://www.sloanelaw.com

Required proof in possession cases.

Proximity possession cases (where the contraband is not found directly on a person, but rather, in their proximity in small amounts) are very weak at best for the prosecution UNTIL the person in question runs their mouth! The police aren’t just being smartasses when they fish for responses while brandishing the contraband with a “what have we here?” They’re wanting the person to give them evidence via verbal statement of knowledge the contraband was there, a required element of a possession offense. Merely being present at the scene where contraband is found does NOT make one guilty of possession! Admitting knowledge does!

Marijuana "420" Police Car a HIT!

NORML "420 Truth Enforcement" cop car has proven to be a tremendous hit with fans in the Dallas/Fort Worth metroplex. Sponsored by the Law Offices of David Sloane, the car was unveiled on May 7, 2011 during the world marijuana march held at the Dallas venue as seen here. David Sloane is a member the NORML National Legislative Committee and on the local DFW NORML board of directors.

This car has became one of the most photographed vehicles around. It cannot be driven or parked anywhere without people breaking out their camera phones. There was a great deal of trepidation as to how the REAL police in the area would respond. But Sloane says all in all the local police have been really good sports about it. Most are amused. Since hitting the road, the car has been stopped once by a Traffic Officer wanting to insure the light-bar did not violate any state or local laws prohibiting non-emergency vehicles from having flashing red or blue lights. Once he sae the lights were green, he was fine, and also asked if he could take pictures of the car.

If you have a local venue or event where you would like the NORML cop car to make the scene, or to arrange for one of our speakers for your group please contact us at http://dfwnorml.org. To contact Attorney David Sloane use the email link on his website at: http://www.sloanelaw.com

Attempting to Locate Witnesses - Lockdown incident at Texas Women's University. Please Help

I represent Christopher Gillette in his current difficulties with the law and Texas Women's University. I am attempting to locate student/witnesses that were present and personally heard the statements he made during his emotional outburst in a Government Class on Monday, March 1, 2011 on the campus of Texas Women's University shortly before his arrest. I am anxious to interview witnesses while their memory of exactly what was said is fresh. Likewise, I would ask them to PLEASE preserve any recordings or class notes made by them at the time of the incident or any communications in all forms (ie. Text messages, bulletins, etc.) received from the University concerning the incident. If you personally witnessed any of these events (or know anybody that did) please (have them) contact my office at 817-810-0088, or by email at davidsloanelaw@yahoo.com, or via private email through my facebook: http://www.facebook.com/profile.php?id=100001830517527

Thank you for any assistance you can provide.

David Sloane

Alan Sloane dies at 84

LAS VEGAS, NEVADA
Alan Price Sloane
Born October 29, 1926 ~ Passed on January 20, 2011

Alan was born and raised in Oxford, Ohio. He served in the Merchant Marine at the age of 17 (with his parents approval) during the closing days of World War II. He returned to Oxford and completed his degree at Miami University graduating in 1948. He was drafted and served in the Army during the Korean War. His professional broadcasting career spanned an extraordinary 60 years beginning with his first job as a radio DJ in Cleveland hosting a late night format with romantic music. His talent took him from Cleveland radio to a position in Dallas with WFAA-TV Channel-8 as their first Weather Anchor, and co-host of a television cooking show, to WWL-TV in New Orleans where he hosted a noon talk show with a "live" in-house band led by trumpet virtuoso Al Hurt. His next move was to WAGA-TV in Atlanta where his humor and style was noticed by a Hollywood talent scout who selected him to host a bi-centennial celebration of Margaret Mitchell's Gone With The Wind. The event, staged at the Loews Grand Theater, the site of the film's original premier in 1939. Alan introduced and interviewed David O. Selznick, Olivia deHavilland and dozens of visiting celebrities including actors George Murphy and Douglas Fairbanks, Jr.
Shortly after the event, he was offered an "on-air" position with KCOP-TV 13 in Los Angeles. During his tenure with KCOP he was the West Coast host of "The Advocate" and also hosted a variety of entertaining syndicated television shows produced by Bill Burrud Productions including the American West (featured in 102 markets nationally) and This Exciting World. In addition he hosted the original Los Angeles "Dialing For Dollars" show for KCOP for over 7 years. The highly poplar program (#2 in the market, just behind #1 "As The World Turns") was formatted as a daily one hour talk show from Noon to 1:00 p.m. featuring lively celebrity interviews with authors, actors, artists - a format that suited Alan's rapier wit and style. His busy schedule during those years also included hosting the annual "Holiday Lane Parade" coverage each Christmas, entertaining at VA hospitals and hundreds of personal appearances.
In 1969 Alan moved to KABC-TV 7 in Los Angeles where he was the weekday Weather Anchor for the 5, 6, and 11:00p.m. news broadcasts and also worked special assignments for ABC Sports. He served as Pit Announcer for the Can-Am auto race series - often flying the "red-eye" from L.A. to the East Coast, returning late Sunday nights in time for his Monday weather broadcasts.
Alan covered Track & Field events for ABC at the 1968 Olympics in Mexico City and the ill-fated 1972 Olympic in Munich. While at KABC-TV , he received two Emmy Nominations (1 award), and while at KCOP he was nominated three times and received 2 Emmys. He also made numerous appearances on the popular "Love Boat" television show and appeared in national commercials for Ford Thunderbird and Kraft Cheez Whiz.
After a management shakeup at KABC, Alan created a Business Travel Weather show concept. He was able to convince American Airlines of the show's merit. He then offered the complete package to the then fledgling national "Financial News Network" (now MSNBC). He went on-air at the Network in 1982 as National Weather Anchor with his daily early morning and mid-afternoon Business and Agricultural Weather shows which also included interviews with business newsmakers. After six years with the network, Alan decided to retire - for the first time - and relocated to Las Vegas in 1988. He had often covered Las Vegas news stories for KABC, including the infamous MGM fire. So, he was well acquainted with the area. Within less than a year of retiring, he was approached by the local NBC Affiliate, KVBC-TV 3 to work part-time as the station's Weekend Weather Anchor. A year later, the station's primary weekday Weather Anchor abruptly left and Alan took over the position, working full time for the next 7 years! He also hosted a half-hour weekend program titled "Action Seniors". He retired, again, in 1997, but continued to be active - developing and hosting a weekly radio show titled "FYI The Radio Show" in Las Vegas.
Alan relocated to Carmel Valley in September, 2008 and subsequently hosted a weekly television show "Choices" at Noon on the NBC affiliate KSBW-TV 8. The show was sponsored by Monterey based Choice Home Health Care.
From his 20's into his 80's, Alan continued to be an intuitive interviewer, charming and literate, always putting his guests at ease, and knowing instinctively how to draw them into a lively conversation for the audience.
These are only a few of the highlights of a life lived to the fullest.
Alan is survived by his wife Lynne, sister Ann Leech (Canton, Ohio)
sons Lance (Studio City, CA.), Devin (Bhusto Arsizio, Italy), David (Fort Worth, Texas) daughter Gail Munger (Indianapolis, Indiana) - Grandchildren; Ryder, Jack, Matteo, Marco and Leonardo Sloane, and Joshua and Rebekah Munger
Services are scheduled for January 29, 2011 at The Lakes Lutheran Church - 8200 W. Sahara, Las Vegas, Nevada. A Celebration of Life follows at Red Rock Country Club in Las Vegas.
In lieu of flowers, donations may be made to the Alfred Price Sloane Scholarship at Miami University in Oxford, Ohio. The family is currently organizing the scholarship through the Alumni Association.

Fort Worth DWI No Refusal Weekend

New Year's Eve starts a "No Refusal" weekend in Dallas Fort Worth.

Law enforcement officials are saying for drivers, that means if a driver is pulled over on suspicion of DWI and they refuse the standard field sobriety test, officers will place them under arrest. Frankly, this more disinformation for the media because this has always been the case (being arrested when they refuse.) Drivers should continue to stand on the rights to refuse breath and blood test.

County and Municipal jails in the Dallas Fort Worth area had judges on site over the holiday to sign search warrants, as well as having a nurse available to draw blood for the purposes of determining if a driver is legally intoxicated. Some smaller police departments took those arrested directly to hospitals for blood samples after the warrant was signed.

Alcohol-related fatalities are the commonly stated reason behind the "No Refusal Law." However I have seen no evidence it makes a difference.