www.CharlesJeromeWare.com. "Here to make a difference."
The Supreme Court of the United States has heard oral arguments in and will rule on the 4th Amendment case of HEIEN v. North Carolina in 2015. The ruling, either way, will have significant implications for many types of criminal cases and particularly DUI and DWI (Drunk Driving) cases, as well as drug cases.
In the Heien case, a law enforcement officer pulled over a vehicle in which Nicholas Heien was a passenger, (see, State v. Heien, 737 S.E. 2d351, 352 (N.C. 2012). The officer (Sgt. Matt Darisse of the Surry County, N.C. Sheriff's Department) claimed he initiated the stop because one of the rear brake lights was not working properly on the vehicle.
While speaking to Heien and the driver of the vehicle (Maynor Javier Vazquez) during the stop, the officer became "suspicious" of the young men because Vazquez and passenger apparently gave inconsistent stories about their destination. Upon receiving consent from vehicle's owner, Heien, the officer searched the car and found a sandwich bag containing cocaine.
After discovering the cocaine, officer Darisse placed both Vazquez and Heien under arrest and charged them with trafficking cocaine. Heien in his defense sought to suppress the evidence that had been taken from his car, arguing that the initial traffic stop was unreasonable under the Fourth Amendment to the U.S. Constitution because the officer had misinterpreted the law.
As a matter of first impression, an appellate court determined that the relevant statutes require vehicles to have at least one working brake light (which Heien’s car had) and ruled that the search of Heien’s car was unconstitutional. The Supreme Court of North Carolina reversed, finding that the traffic stop did not violate the Fourth Amendment since the officer’s mistake was objectively reasonable.
In Brinegar v. United States (1949), the Supreme Court explained that police officers must be given some room for operating under mistaken facts—as long as they are reasonable. For example, in Maryland v. Garrison (1987), police officers obtained a warrant to search Lawrence McWebb’s apartment on the third floor of a building without realizing there were two apartments on that floor. The Supreme Court upheld the search of Harold Garrison’s apartment on that floor (where evidence of criminality was uncovered), noting that the officers’ mistake of fact as to which apartment was covered by the warrant was objectively reasonable.
North Carolina argues that the same logic applies to mistakes of law, but Heien maintains that the reasonable suspicion standard leaves no room for an officer’s mistaken interpretation of the law.
[see, http://www.law.cornell.edu/supct/cert/13-604/Heien v. North Carolina; http://www.nccourts.org/courts/Apellate/Supreme/Default.asp/Heien v. North Carolina; www.scotus-blog.com/case-files/cases/heien-v-northcarolina]
www.CharlesJeromeWare.com. "Here to make a difference." We can help you. Guaranteed.
Among his numerous other legal awards and honors such as "America's Best Attorneys and Counselors", U.S. Super Lawyer, "Top Lawyers in America", Top Attorneys and Counselors in the U.S., "Top Lawyers in Maryland", and winner of the national "Charles Hamilton Houston Award for Outstanding Litigation", premier criminal defense attorney Charles Ware is recognized and ranked by hi many satisfied clients as well as his legal peers as "One of the 10 BEST DUI and DWI Attorneys in the State of Maryland," as confirmed from research, surveys and other investigation by The American Institute of DUI and DWI Attorneys [AIDUIA] --- a respected national organization of trial lawyers.
Attorney Ware is also the founder and senior partner of the Maryland-based national business, criminal defense and civil trial law firm Charles Jerome Ware, Attorneys & Counselors, LLC. For an initial courtesy consultation, call Mr. Ware at (410) 730-5016 or (410) 720-6129.
Monday, November 17, 2014
2014-2015 SCOTUS CRIMINAL 4TH AMENDMENT CASE: REVIEW BY MARYLAND ATTORNEY CHARLES WARE OF:
HEIEN v. NORTH CAROLINA, Docket 13-604
www.CharlesJeromeWare.com. "Here to make a difference."
[The information discussed herein is not intended nor designed to be legal advice]
The Supreme Court of the United States ("SCOTUS") ordinarily reviews between 70 and 80 cases each term (a year). The following is one of the Court's chosen 2014-2015 cases on review. It involves the important issue of unreasonable searches and seizures under the Fourth Amendment. The criminal case under review is HEIEN v. NORTH CAROLINA, Docket No. 13-604, Argument: October 6, 2014, SCOTUS:
Issue: Can a police officer's misinterpretation of the law provide the reasonable suspicion necessary to justify a traffic stop?
Court below (Supreme Court of North Carolina) held:
On April 29, 2009, Sergeant Matt Darisse arrested Nicholas Heien in North Carolina after a traffic stop that Darisse initiated based on his misinterpretation of relevant state statutes. When Heien tried to exclude evidence that resulted from the traffic stop during his subsequent trial, the trial court denied his request.
The North Carolina Court of Appeals reversed the trial court’s decision, holding that an officer cannot justify a traffic stop when a mistake of law serves as the primary justification for the stop. In December 2012, the North Carolina Supreme Court overturned the appellate court’s ruling.
The Supreme Court of the United States will now consider whether a police officer’s mistake of law can serve as the requisite reasonable suspicion needed for a constitutional traffic stop.
Heien argues that allowing police officers to base traffic stops on misinterpretations of the law would violate the Fourth Amendment rights of those stopped.
North Carolina, however asserts that just as police officers can execute constitutional traffic stops by relying on reasonable mistakes of fact, a police officer can justify a stop if it is based on a reasonable but mistaken interpretation of a statute.
The Court’s ruling implicates the Fourth Amendment practices of law enforcement, the right to privacy of individuals, and the right of individuals to be free from restraint.
Discussion: The Fourth Amendment protects individuals from unreasonable searches and seizures. “Reasonableness” is the lodestar for courts assessing the constitutionality of warrantless searches and seizures made by the police. Consistent with the Fourth Amendment, a police officer may make a traffic stop if he has a reasonable suspicion that a law is being violated. However, what happens if the officer’s suspicion is based on a mistaken view of the law?
A police officer stopped Nicholas Heien after noticing that one of his brake lights was out. North Carolina law requires that vehicles must have “a stop lamp” and that “rear lamps” must be in working condition. After asking Heien some questions and checking his license and registration, the officer asked to search the vehicle and found a baggie of cocaine. Heien was charged with trafficking cocaine and sought to suppress the evidence that had been taken from his car, arguing that the initial traffic stop was unreasonable because the officer misinterpreted the law.As a matter of first impression, an appellate court determined that the relevant statutes require vehicles to have at least one working brake light (which Heien’s car had) and ruled that the search of Heien’s car was unconstitutional. The Supreme Court of North Carolina reversed, finding that the traffic stop did not violate the Fourth Amendment since the officer’s mistake was objectively reasonable.
In Brinegar v. United States (1949), the Supreme Court explained that police officers must be given some room for operating under mistaken facts—as long as they are reasonable. For example, in Maryland v. Garrison (1987), police officers obtained a warrant to search Lawrence McWebb’s apartment on the third floor of a building without realizing there were two apartments on that floor. The Supreme Court upheld the search of Harold Garrison’s apartment on that floor (where evidence of criminality was uncovered), noting that the officers’ mistake of fact as to which apartment was covered by the warrant was objectively reasonable.
North Carolina argues that the same logic applies to mistakes of law, but Heien maintains that the reasonable suspicion standard leaves no room for an officer’s mistaken interpretation of the law.
[see, http://www.law.cornell.edu/supct/cert/13-604/Heien v. North Carolina; http://www.nccourts.org/courts/Apellate/Supreme/Default.asp/Heien v. North Carolina; www.scotus-blog.com/case-files/cases/heien-v-northcarolina]
Charles Ware is a principal in the Maryland-based national trial law firm of Charles Jerome Ware, LLC, Attorneys and Counselors. Ware, inter alia, is a former appellate attorney in the U.S. Department of Justice in Washington, D.C. For any questions or initial courtesy consultation, contact Attorney Ware at (410) 720-6129 or (410) 730-5016, or email him at charlesjeromeware@msn.com.
COSMETIC/PLASTIC SURGERY MED. MAL. QUESTIONS: MARYLAND ATTORNEY CHARLES WARE
www.CharlesJeromeWare.com. "Here to make a difference."
The following are a few of the frequently asked questions I am called upon to answer in my Maryland and D.C.-based national medical malpractice lawyer role:
The following are a few of the frequently asked questions I am called upon to answer in my Maryland and D.C.-based national medical malpractice lawyer role:
- Is cosmetic and plastic surgery considered to be "real" surgery?
Answer: Yes. Absolutely. You bet it is! This type of surgery is as serious as any other surgery on or in your body. It should be taken very seriously, and treated as such. - Can any surgeon do plastic surgery?
Answer: No. Absolutely not. Cosmetic and plastic surgery are specialized medical fields of surgery. Only the most qualified, certified, and experienced surgeons in these areas of medicine should be chosen by you to perform these risky and complicated surgical proceedings. Even then, mistakes and errors can occur during and after the surgical procedure. - What are some of the major problem areas of cosmetic plastic surgery?
Answer: There are several, but just a few are:
(i) Complications from anesthesia;
(ii) Wounding and scarring from incisions;
(iii) Infection;
(iv) Injury to other body organs;
(v) Inadequate body preparation for the surgical procedure (e.g., smoking, poor diet, medications, etc.);
(vi) Bleeding (loss of blood); and
(vii) Psychological preparation pre and post surgery.
- Make sure surgeon is Board Certified by American Board of Plastic Surgery.
- Consult with at least 2 or 3 different certified plastic surgeons
- Research your surgeon.
- Ask about your plastic surgeon on the with knowledgeable sources.
- Search your plastic surgeon's last name on the in multiple forums.
- Google your plastic surgeon's name.
- View your surgeon's before/after photos, particularly befores similar to your own.
- Bring photos of what you'd like to look like.
- Make sure the surgery center is accredited.
- Insure that your surgeon agrees to take before and after photos of you and your surgery.
COSMETIC vs. PLASTIC SURGERY: MARYLAND & D.C. MED. MAL. ATTORNEY
www.CharlesJeromeWare.com. "Here to make a difference." For an initial courtesy consultation, call medical malpractice attorney Charles Jerome Ware at (410) 720-6129 or (410) 730-5016, or email him at charlesjeromeware@msn.com.
Cosmetic surgery and plastic surgery procedures are very popular in the United States these days. We see them and hear about these aesthetic medical procedures all the time in the media.
Along with their popularity, however, another scary trend has evolved with unqualified persons (including doctors) performing cosmetic surgery as well as plastic surgery. TO be succinct, knowing the difference between a cosmetic surgeon and a plastic surgeon could save the patient from disappointment, disfigurement --- and even death.
As in every other area of surgery and of medicine, cosmetic surgery and plastic surgery each require specialized education and training in their respective unique procedures and techniques for success.
The differences between the two fields can sometimes be as wide and stark as having a gynecologist do heart surgery, for example. Simply put: Would you go to your gynecologist or proctologist for heart surgery? I don't think so.
The differences between the two lie in training, credentials, certifications and experience.
Generally, plastic surgeons will tell you that just about any physician can call themselves a cosmetic surgeon after taking a weekend course, while a plastic surgeon's residency requires years of plastic surgery training after they have completed medical school.
These same plastic surgeons would probably also tell you that they (plastic surgeons) must operate in accredited facilities, whereas cosmetic surgeons do not have this requirement. What this means is that you could visit a doctor who is board-certified in, for instance, otolaryngology (ear, nose and throat), and he or she could still legally perform your facelift without violating any laws.
It appears that because doctors are getting less reimbursement from insurance companies than previously, while their overhead costs such as staff salaries, medical supplies and medical malpractice insurance rates continue to escalate, some doctors are dabbing in cosmetic surgery for the extra cash or to make up the difference.
To be sure, all surgery is subject to risks, complications and mistakes. Few surgeries are perfectly done, and some surgeries are victims of error or mistakes. But, it still helps to make sure your surgeon --- cosmetic or plastic --- is well qualified to perform your procedure successfully.
Cosmetic surgery and plastic surgery procedures are very popular in the United States these days. We see them and hear about these aesthetic medical procedures all the time in the media.
Along with their popularity, however, another scary trend has evolved with unqualified persons (including doctors) performing cosmetic surgery as well as plastic surgery. TO be succinct, knowing the difference between a cosmetic surgeon and a plastic surgeon could save the patient from disappointment, disfigurement --- and even death.
As in every other area of surgery and of medicine, cosmetic surgery and plastic surgery each require specialized education and training in their respective unique procedures and techniques for success.
The differences between the two fields can sometimes be as wide and stark as having a gynecologist do heart surgery, for example. Simply put: Would you go to your gynecologist or proctologist for heart surgery? I don't think so.
The differences between the two lie in training, credentials, certifications and experience.
Generally, plastic surgeons will tell you that just about any physician can call themselves a cosmetic surgeon after taking a weekend course, while a plastic surgeon's residency requires years of plastic surgery training after they have completed medical school.
These same plastic surgeons would probably also tell you that they (plastic surgeons) must operate in accredited facilities, whereas cosmetic surgeons do not have this requirement. What this means is that you could visit a doctor who is board-certified in, for instance, otolaryngology (ear, nose and throat), and he or she could still legally perform your facelift without violating any laws.
It appears that because doctors are getting less reimbursement from insurance companies than previously, while their overhead costs such as staff salaries, medical supplies and medical malpractice insurance rates continue to escalate, some doctors are dabbing in cosmetic surgery for the extra cash or to make up the difference.
To be sure, all surgery is subject to risks, complications and mistakes. Few surgeries are perfectly done, and some surgeries are victims of error or mistakes. But, it still helps to make sure your surgeon --- cosmetic or plastic --- is well qualified to perform your procedure successfully.
- Look for the proper certifications of your surgeon: either cosmetic or plastic, or both.
- Investigate as completely as you can the professional background of your surgeon, including experience.
- Ask lots of questions of your surgeon. Insist upon before and after pictures of your cosmetic or plastic procedure.
- Be skeptical of all promises and assurances made by your surgeon.
LOTTERY STRATEGIES: ATTITUDES, ALGORITHMS & BEYOND
The Secret Science of Winning Lotteries, Sweepstakes and Contests: Laws, Strategies, Formulas and Statistics [Paperback]Charles Ware (Author)
Book Description
Publication Date: July 26, 2012There is a science of winning lotteries, sweepstakes and contests! When it comes to lotteries, sweepstakes and contests, there are ways to improve your odds or probability of winning. They are discussed in this book, with a lot of detail and some humor. Blind reliance on luck or chance is not necessary to win lotteries, sweepstakes and contests. The "4Ps" of persistence, preparation, poise and a positive mental attitude are necessary to win on a consistent or regular basis. Therefore, just about anyone is capable of winning. Charles Jerome Ware is a noted author and attorney, microeconomist, lotterician, sweepstaker and contester. He is a principal in the national law firm of Charles Jerome Ware, Attorneys and Counselors. Dr. Ware is a highly successful and life-long sweepstaker and contester. He is also a successful lotterician who, for several years, has investigated, monitored and researched lotteries throughout the United States and several foreign countries. Dr. Ware is the recipient of numerous awards for his accomplishments in law and other areas. He lives in Columbia, Maryland.
Product Details
- Paperback: 166 pages
- Publisher: Outskirts Press (July 26, 2012)
- Language: English
- ISBN-10: 1432793888
- ISBN-13: 978-1432793883
Available: Amazon; all major bookstores, etc.
http://amzn.com/1432793888
Friday, November 14, 2014
"BOTCHED" OR BAD COSMETIC PLASTIC SURGERY IN D.C. OR MARYLAND? MED. MAL. ATTORNEY REPORT
www.CharlesJeromeWare.com. "Here to make a difference."
First, the consumer must realize that cosmetic plastic surgery procedures are in fact medical "surgeries" that should be performed by qualified, certified, and experienced cosmetic plastic surgeons.
However, even in the hands of the very best cosmetic plastic surgeon, risks are involved and complications, mistakes and errors can occur. So, caveat emptor!
With millions of Americans joining the ranks of body-conscious cosmetic plastic surgery recipients, even in the District of Columbia/Maryland metropolitan area, I have prepared a short mantra of things to do and be aware of when selecting a cosmetic plastic surgeon:
"CAVEAT EMPTOR" --- BUYER BEWARE
First, the consumer must realize that cosmetic plastic surgery procedures are in fact medical "surgeries" that should be performed by qualified, certified, and experienced cosmetic plastic surgeons.
However, even in the hands of the very best cosmetic plastic surgeon, risks are involved and complications, mistakes and errors can occur. So, caveat emptor!
With millions of Americans joining the ranks of body-conscious cosmetic plastic surgery recipients, even in the District of Columbia/Maryland metropolitan area, I have prepared a short mantra of things to do and be aware of when selecting a cosmetic plastic surgeon:
"CAVEAT EMPTOR" --- BUYER BEWARE
- Make sure surgeon is Board Certified by American Board of Plastic Surgery.
- Consult with at least 2 or 3 different certified plastic surgeons
- Research your surgeon.
- Ask about your plastic surgeon on the with knowledgeable sources.
- Search your plastic surgeon's last name on the in multiple forums.
- Google your plastic surgeon's name.
- View your surgeon's before/after photos, particularly befores similar to your own.
- Bring photos of what you'd like to look like.
- Make sure the surgery center is accredited.
- Insure that your surgeon agrees to take before and after photos of you and your surgery.
AVOIDING BAD COSMETIC AND PLASTIC SURGERY: MARYLAND MED. MAL. ATTORNEY
www.CharlesJeromeWare.com. "Here to make a difference."
Recent cosmetic plastic surgery reports suggest that, despite the economy and worries over income, Marylanders and other Americans continue to spend lots of money on elective surgical procedures to help themselves look better. The American Society of Plastic Surgeons, for example, reports that the number of cosmetic and plastic surgery procedures are continuing to rise steadily to a total of over 18 million last year.
Says the Society (ASPS): "...Americans are devoted to looking and feeling their best. High demand continues for less invasive and relatively less expensive procedures, [and] there are also promising rebounds for surgical procedures" [ASPS].
Still, cosmetic and plastic surgery is risk and may have complications. In a relatively small number of cases, cosmetic and plastic surgeons (and those who pretend to be cosmetic and plastic surgeons) can make mistakes, errors, and cause additional complications and distress for the unwitting patient.
For the most part, the more frequent cosmetic plastic surgery cases we receive and review, and pursue, in Maryland and Washington, D.C. include:
Recent cosmetic plastic surgery reports suggest that, despite the economy and worries over income, Marylanders and other Americans continue to spend lots of money on elective surgical procedures to help themselves look better. The American Society of Plastic Surgeons, for example, reports that the number of cosmetic and plastic surgery procedures are continuing to rise steadily to a total of over 18 million last year.
Says the Society (ASPS): "...Americans are devoted to looking and feeling their best. High demand continues for less invasive and relatively less expensive procedures, [and] there are also promising rebounds for surgical procedures" [ASPS].
Still, cosmetic and plastic surgery is risk and may have complications. In a relatively small number of cases, cosmetic and plastic surgeons (and those who pretend to be cosmetic and plastic surgeons) can make mistakes, errors, and cause additional complications and distress for the unwitting patient.
For the most part, the more frequent cosmetic plastic surgery cases we receive and review, and pursue, in Maryland and Washington, D.C. include:
- The doctor's failure to treat an infection after the surgery;
- Delayed healing and accumulation of fluid;
- Damage to surrounding organs during the surgery;
- Skin or fat necrosis due to a delay in diagnosis and treatment;
- Nerve damage from the surgery;
- Scarring of the wounds (incisions);
- Adverse reaction from anesthesia;
- Excessive bleeding due to unintentional damage to blood vessels;
- and more, including wrongful death.
- [If you or a loved one have been victimized by a medical mistake, call Attorney Charles Ware at (410) 720-6129 or (410) 730-5016 for a free initial consultation and evaluation]
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