Category: CNB CRIME

PA Supreme Court: Criminal Suspect Can\’t Be Compelled To Reveal Password

In much-watched ruling

By Steve Bittenbender |

The Center Square

Nov 29, 2019

Privacy advocates scored a major victory when the Pennsylvania Supreme Court ruled last week, in a 4-3 decision, that a person does not have to reveal a computer password to law enforcement.

The ruling stems from a case that started in 2014 when investigators with the Pennsylvania Attorney General’s Office discovered child pornography being shared online. Eventually, the case led them to Joseph Davis, a Luzerne County resident who was eventually charged with two counts of distributing child pornography.

In October 2015, agents seized a computer from Davis that agents claimed held illicit material. While Davis admitted to watching porn on his computer and that he had been arrested previously on child pornography charges, he refused to provide a password law enforcement needed to access the computer and find the file in question for evidence against him.

Two months later, when a judge tried to compel Davis, he again refused, citing his Fifth Amendment right against self-incrimination. However, that judge eventually ruled that based on previous information that Davis told investigators – such as that he was the only user of the computer and a statement to an agent saying disclosing the password would only hurt his case – the case met the “foregone conclusion” exception.

An appellate upheld the lower court’s decision. However, Davis appealed to the state’s top court.

Justice Debra Todd said that unlike a blood sample, there is “no physical manifestation” of a password. As such, that makes a password testimonial in nature and protected by the Fifth Amendment.

“As a passcode is necessarily memorized, one cannot reveal a passcode without revealing the contents of one’s mind,” Todd wrote in an opinion joined by Chief Justice Thomas Saylor and Justices Christine Donohue and David Wecht.

Todd admitted in her opinion that sometimes Constitutional rights hinder prosecutions. However, what may be “‘a shelter to the guilty,’ is often ‘a protection to the innocent.’”

Justice Max Baer dissented, with Justices Kevin Dougherty and Sallie Updyke Mundy joining.

The ruling sends the case back to the Luzerne County Court of Common Pleas, where it will continue based on the justices’ decision.

\”We are carefully reviewing the court\’s decision,\” said Jacklin Rhoads, a spokeswoman for Attorney General Josh Shapiro.

Peter Goldberger, president of the American Civil Liberties Union of Pennsylvania, argued before the Supreme Court on Davis’ behalf. In a statement, he said the state justices upheld basic privacy rights for everyone.

“The state and federal constitutions promise that people accused of crimes have the right to defend their own liberty,” he said. “They are under no obligation to assist the police or prosecutors in building a case against them by divulging their innermost thoughts.”

The Electronic Frontier Foundation filed a brief in support of Fifth Amendment rights in the case. Andrew Crocker, a senior staff attorney, said courts must take into consideration technological advances when considering an individual’s rights.

“We store a wealth of deeply personal information on our electronic devices,” he wrote in a foundation blog post. “The government simply should not put individuals in the no-win situation of choosing between disclosing a password – and turning over everything on these devices – or instead defying a court order to do so.”

published here with permission

Multiple Agencies Increase Maritime Safety and Security at Philadelphia Port

PHILADELPHIA-Members of Coast Guard Sector Delaware Bay, Coast Guard Maritime Safety and

Security Team New York, Customs and Border Protection and multiple state and local police agencies

increased maritime operations to deter illegal activity within the ports of Philadelphia and

Wilmington, Delaware over the past three weeks.

Photo by Petty Officer 1st Class Seth Johnson U.S. Coast Guard District 5 PADET Atlantic City Subscribe14 A member of Coast Guard Maritime Safety and Security Team New York and K9 Ruthie inspect goods in the Port of Philadelphia for contraband, November 13, 2019. Interagency teams brought an increased presence to the ports during November to inspect goods brought in for the holiday seasons.

These combined joint agency efforts were focused on a period of heavy import and export before the

holidays, accounting for more than $1.2 billion of commerce throughout the Delaware Bay watershed.

During this time period, the Coast Guard and partner agencies conducted more than 470 hours of

extensive joint operations that included the inspection of 235 vehicles before export, screening 150

ferry passengers and the pier side examination of 62 shipping containers.

“The Delaware River contributes more than $77 billion dollars in economic value each year,” said Capt.

Scott Anderson, Coast Guard Sector Delaware Bay Commander and Captain of the Port. \”These types of

joint operations help unify law enforcement efforts in the port to disrupt, detect, and deter illegal

activities by sharing unique capabilities and resources between agencies.”

In March 2019, an interagency task force seized 537 kilograms of contraband from a commercial vessel at the port of Philadelphia and in June 2019, nearly 20 tons of cocaine was seized, with an estimated street value of $1.3 billion.

The Delaware River port facilities can receive more than 3,000 deep draft vessels each year. There are

more than 70 private and public facilities capable of servicing bulk, break bulk, and containerized cargos.

Philadelphia is the largest North American port for the importing of paper, meat, cocoa beans, and fruit.

The Delaware River is also the largest energy port on the East Coast.

-USCG-

$449,119 Jersey Cash 5 Ticket Sold in Bergen County

TRENTON (Dec. 3, 2019)

– One lucky ticket matched all five numbers drawn winning the $449,119 Jersey Cash 5 jackpot from the

Monday, Dec. 2

, drawing. T

he winning numbers were: 03, 15, 20, 35 and 36 and the XTRA number was: 02.

The retailer will receive a bonus check for $2,000 for the winning ticket sold. That ticket was sold at Krauszer’s Food Store, 403 Midland Ave., Garfield in Bergen County.

Acting Executive Director James Carey announced that there were 453,181 tickets purchased for the drawing. By adding XTRA, for an additional $1.00 per play, winners are able to multiply their non-jackpot prizes by the XTRA number drawn. For correctly matching four of the five numbers drawn, 61 ticket holders won $573 each and 17 others won $1,146 each with the addition of XTRA. Moreover, for correctly matching three of the five numbers drawn, 2,600 ticket holders won $16 each and 459 others won $32 each with the addition of XTRA. Lastly 5,733 ticket holders each won $2 for correctly matching two of the five numbers drawn with the addition of XTRA on their purchase.

Sanctuaries to Release Illegal Immigrants Jailed for Rape, Murder, Child Molestation

Source Judicial Watch

(December 2019)–A national crisis generated by local law enforcement agencies offering even the most violent illegal immigrants sanctuary is driving federal officials to resort to desperate measures. Under a local-federal partnership known as

287(g)

, Immigration and Customs Enforcement (ICE) is

notified of jail inmates in the country illegally so that they can be deported after serving time for state crimes. Unfortunately, a growing number of local law enforcement agencies are instead releasing the illegal aliens—many with serious convictions such as child sex offenses, rape and murder—rather than turn them over to federal authorities for removal. Judicial Watch has reported on this extensively and just a few weeks ago

outed

yet another elected law enforcement official who freed a child sex offender and forbids his department from honoring ICE detainers.

Now ICE is trying to strike preemptively by publicly

disclosing convicts

, complete with mug shots, scheduled to be released before they are actually let go by police in municipalities that proudly offer illegal aliens sanctuary. It indicates that the federal agency is determined to do its job amid a growing wave of local resistance. This month ICE targeted six offenders incarcerated in two Maryland counties notorious for shielding illegal immigrants from the feds. These are no boy scouts and ICE is pleading with authorities in Montgomery and Prince George’s counties to hand over the prisoners instead of freeing them into the community. Most are incarcerated for sexual crimes involving children, including rape and serious physical abuse that resulted in death. A couple of the offenders are in jail for murder and assault and ICE wants them all transferred to its custody, so the illegal aliens don’t reoffend.

“The county leadership has chosen misguided politics over public safety,” said ICE’s Baltimore office director, Francisco Madrigal, in the

statement

announcing the upcoming scheduled releases. “The individuals we have lodged detainers against have been arrested in the community and will likely be released directly back into that community under these dangerous policies. We aren’t asking Montgomery County or Prince George’s County to conduct immigration enforcement, we’re asking them to honor a lawful request to transfer these individuals into our custody where they can avail themselves of due process in the immigration court system.” Judicial Watch reached out to law enforcement officials in both Maryland sanctuary counties, but calls went unanswered. ICE reminds them that when local jurisdictions refuse to cooperate with immigration enforcement, they betray their duty to protect public safety.

Besides Montgomery and Prince George’s counties, two other large Maryland jurisdictions—Baltimore County and the city of Baltimore—shield illegal immigrants from the feds and deportation. Maryland’s Attorney General, the state’s chief law enforcement official, issued a

legal memo

last year defending the practice. Complying with ICE detainers for criminal illegal aliens is voluntary, the Attorney General writes in the document, and state and local law enforcement officials are potentially exposed to liability if they hold someone beyond the release date determined by state law. In 2017, Baltimore’s Chief Deputy State’s Attorney instructed prosecutors to

think twice before charging illegal immigrants

with minor, non-violent crimes to shield them from Trump administration deportation efforts.

North Carolina is another state well known for releasing droves of illegal immigrant criminals back onto the streets after being jailed for serious state crimes. This fiscal year alone,

nearly 500 offenders

with ICE detainers were freed throughout the Tar Heel State. Just weeks before the Department of Homeland Security (DHS) disclosed those disturbing statewide figures, Judicial Watch

reported

that the elected sheriff of North Carolina’s largest county, Mecklenburg, released numerous violent offenders rather than turn them over to federal authorities for removal. Among them was a previously deported Honduran (33-year-old Oscar Pacheco-Leonardo) charged with rape and child sex offenses. Throughout his campaign, Mecklenburg‘s sheriff, Garry McFadden, promised to protect illegal immigrants and as soon as he got elected in 2018 he ended the program that notified ICE of jail inmates in the country illegally.

Woman Found Dead in Farnham Park Was Murdered

CAMDEN CITY NJ December 3, 2019–Acting Camden County Prosecutor Jill S. Mayer and Camden County Police Chief Joseph Wysocki reported an adult female who was found in Farnham Park on December 2, 2019 in Camden.

At approximately 12:12 p.m., Camden County Police responded to reports of an unconscious female in the park near the 1600 block of Baird Boulevard. When officers arrived, they located the victim, Hayley Steinberg, 31, of Medford, deceased at the scene.

The Gloucester/Camden/Salem County Medical Examiner ruled the cause of death to be multiple stab wounds, and the manner of death to be Homicide.

The investigation into the stabbing is ongoing. No additional information is being released at this time.

Anyone with information is urged to contact Camden County Prosecutor’s Office Detective Jose Rosado at

(609) 422-6291

or Camden County Police Detective Sean Miller at

(856) 757-7042

Information may also be emailed to

ccpotips@ccprosecutor.org

Released Tuesday, December 3, 2019.

Body of Woman Found in Farnham Park

CAMDEN CITY, new jersey—Acting Camden County Prosecutor Jill S. Mayer and Camden County Police Chief Joseph Wysocki reported the body of a 31-year-old

female from Burlington County was found on December 2, 2019 at approximately 3:00 p.m. in Farnham Park on the 1600 block of Baird Boulevard in Camden. Cause of death is unknown at this time.

The matter is under investigation. No further details are being released at this time.

Released Monday, December 2, 2019.

K-9 Jocko and Officers Apprehend Two Burglars at Bagel Bin

VOORHEES TWP. NJ

:

On Sunday, December 1

st

, 2019 at approximately 10:44 pm, Voorhees Patrol Officers were dispatched to the Bagel Bin located on the 200 block of Kresson-Gibbsboro Road for a burglary in progress. The business owner was alerted and able to view live video from the surveillance system of two masked individuals inside the closed business. As Officers arrived on location, the individuals pulled the rear door shut, hence barricading themselves within the business. Officers, including Voorhees Police K9 (Jocko) set up a perimeter, at which time, a K9 announcement to surrender was broadcasted. Two individuals complied with Officers commands, prior to K9 Jocko being deployed, and exited the business. They were then taken into custody without incident.

The Voorhees Police Department announces the arrest of Arthur Reynolds (57 yoa), last known address from the 1600 block of City Place, Atlantic City, NJ and Dion Joyce (52 yoa), last known address from the 1000 block of Martin Luther King Blvd., Atlantic City, NJ.

Each was processed and charged with the following crimes: Burglary 2C:18-2A(1), Possession of Burglary Tools 2C:5-5A(2), Criminal Mischief 2C:17-3A(1), and Theft 2C:20-3A. In addition, it was learned that Mr. Dion Joyce was a wanted person by the Atlantic County Sheriff’s Department. Both burglars were remanded to the Camden County Correctional Facility pending a court hearing.

Residents are reminded to be vigilant and report

ALL

suspicious activity.

Address/Location

Voorhees Township Police Department

1180 White Horse Road

Voorhees Township, NJ 08043

Contact

Emergency: 9-1-1

Non-emergencies: 856-428-5400

NJ Standing Up for the Rights of Transgender Individuals

Amicus Brief

TRENTON –

Attorney General Gurbir S. Grewal has joined with 22 other Attorneys General in fighting to support transgender individuals’ civil rights by filing an amicus brief in federal court arguing that schools cannot lawfully deny students access to the restrooms that are consistent with their gender identity.

The multi-state brief supports Gavin Grimm, a transgender male who filed a lawsuit in 2015 – as a high school sophomore — because his Gloucester County, Virginia, school district refused to let him use the boys’ restroom consistent with his gender identity. The district also refused to revise Grimm’s school transcripts to identify him as male despite the fact that he had obtained an amended birth certificate stating he is male. The lawsuit drew national attention when the U.S. Supreme Court granted review of Grimm’s case back in 2016, although it ultimately did not resolve the claims.

Grimm has since graduated high school. But his lawsuit, which challenges the school district’s policies, continues before the U.S. Court of Appeals for the Fourth Circuit.

“In New Jersey and across this country, individuals deserve the right to be treated in line with their gender identity and to live free of transphobia,” said Attorney General Grewal. “So in addition to issuing new policies last week that protect the safety and dignity of our transgender residents, I’m also standing up for their civil rights in court. Schools, bars and any other places of public accommodation may not discriminate against transgender individuals, and we’ll take action whenever they do.”

Among other things, Grimm is seeking damages and a declaration that the Gloucester County school district violated his rights under Title IX, as well as the Equal Protection Clause of the U.S. Constitution. Grimm also seeks a permanent injunction against the school district that will allow him to use restrooms consistent with his gender identity when he returns to his school for alumni activities.

“Discrimination against transgender people has no legitimate basis, and serves only to injure a group that is feared for being different,” asserts the multi-state brief filed in support of Grimm. “Such discrimination harms transgender people at school, at work and in other settings, causing tangible economic, educational, emotional, and health consequences.”

The brief cites statistics and studies demonstrating the harmful effects of discrimination against transgender persons, ranging from specific health problems linked to avoiding restroom use to suicide. The brief notes that 20 states — including New Jersey, the District of Columbia and 225 local governments — have enacted protections against discrimination based on transgender status. It also cites research demonstrating that these anti-discrimination provisions have achieved significant benefits – for example, increased success rates for students – without compromising privacy or safety, or imposing significant extra costs. The brief also explains that the states which already permit students to use restrooms consistent with their gender identify have not experienced increased reports of harassment or other safety issues.

Today’s announcement comes in the wake of an announcement last week by Attorney General Grewal of three initiatives aimed at protecting New Jersey residents from discrimination based on their sexual orientation or gender identity.

On Nov. 20, Attorney General Grewal issued a directive to all state, county and local law enforcement agencies governing their interactions with transgender persons. Known as the “LGBTQ Equality Directive,” the directive is designed to ensure that all individuals are guaranteed safety and dignity when encountering law enforcement, regardless of their sexual orientation, gender identity or gender expression.

At the same time, Attorney General Grewal announced a new public awareness campaign by DCR to protect the rights of LGBTQ+ individuals under the LAD.  As part of the awareness campaign, DCR has issued new fact sheets describing “5 Things You Should Know” about the LAD. The fact sheets are being distributed in public and on social media, and are posted on the DCR website.

Under a third initiative announced by Attorney General Grewal, the Juvenile Justice Commission (JJC) has updated its policy to ensure that, among other things, LGBTQ+ youth in the commission’s care are not harassed or discriminated against, and that JJC staff engage in “proper behavior and respectful communication” with LGBTQ+ youth.

NJ LL Team Wants Undocumented Immigrants to Have Drivers\’s Licenses

Elmora Troopers Little League Team Joins the Call to Expand Access to Drivers’ Licenses in NJ

“We will be safer, our students will be safer, if immigrants can drive in New Jersey” says Coach

ELMORA, NJ– Coach Jairo Labrador and members of the Elmora Troopers Little League team showed their support for expand access to drivers licenses in New Jersey. A team of immigrants and children of immigrants, they showed their support for the Let’s Drive NJ campaign in a photo. Driving is critical for immigrant families to be able to take their kids to school and to afterschool activities. Coach Jairo Labrador gave a speech at a rally on Sunday of supporters of expanding access to licenses. “We will be safer, our students will be safer… if immigrants can drive in New Jersey,” said Coach Labrador to a crowd of supporters.

See

video

and

photos.

Otherwise qualified drivers face barriers to obtaining a license in New Jersey: vulnerable populations like undocumented immigrants, survivors of violence, transgender individuals and veterans are impacted in particular. Fourteen states and Washington, D.C. have expanded access to drivers licenses to qualified drivers, regardless of immigration status. In New Jersey, approximately 719,000 potential drivers could benefit, bringing in $90 million in economic gain to the state. Legislation to expand access to drivers licenses is currently pending in the state Senate and Assembly. Committee votes are scheduled for December 9th in the Assembly and December 12th in the Senate Transportation Committee.

Retired Gen. Frank Sullivan Charged with 15 Felony Counts

of Possessing Child Pornography

HARRISBURG – Pennsylvania Attorney General Josh Shapiro today

charged

retired U.S. Air Force Brig. Gen. Frank Sullivan (photo)with more than a dozen felony counts related to his possession of child pornography after a search of his Mechanicsburg home turned up computers replete with thousands of searches for “preteen”

images, as well as pictures of children “engaged in very graphic sexual acts.”

Sullivan, the former executive director of the Pennsylvania Military Community Enhancement Commission and a decorated veteran with tours of duty in Iraq and Afghanistan, was arrested today in Cumberland County and charged with 15 second degree felony counts of sexual abuse of children and one count of criminal use of a communication facility after investigators found images of child porn on a home desktop and laptop.

“General Sullivan’s alleged actions disgrace his work and besmirch the Pennsylvania National Guard, an organization that has bravely and dutifully come to the aid of Pennsylvanians whenever they have been called,” said Attorney General Josh Shapiro. “I’ve said it time and time again—nobody is above the law. My Office will investigate and prosecute anyone who harms Pennsylvanians, no matter what positions of power they may hold.”

Shapiro said Office of Attorney General agents discovered Sullivan’s penchant for viewing images of preteen children during an investigation on a file sharing network. In October, a search of Sullivan’s Tunbridge Lane, Mechanicsburg, home revealed a desktop and a laptop that were filled with searches and images of preteen children. In addition to finding child pornography on the laptop, a computer forensic analysis identified 37 search terms commonly used by people looking for child pornography.

Related to the charges against Sullivan, Attorney General Shapiro’s Child Predator Unit arrested one of the accused’s tenants in October, Bobby Glenn Williams Jr., and charged him with 14 felony counts of disseminating photos of child sex acts, 11 felony counts of child pornography, and one felony count of criminal use of a communication facility. Williams was renting a room in Sullivan’s Mechanicsburg home.

Sullivan was arrested and arraigned by Magisterial District Judge Kathryn Silcox. Senior Deputy Attorney General Christopher Jones will prosecute the case. All charges discussed are accusations. The defendant is presumed innocent unless and until proven guilty.