Here is the decision in the New Hampshire COPSLIE license plate case, Montenegro v. N.H. Div. of Motor Vehicles (N.H. May 7, 2014). David Montenegro may have won his case, but doesn’t he fear that cops will illegally pull him over in violation of his Fourth Amendment rights merely because they dislike his license plate, only […]
Author Archives: kapelovision
Charging a Teen with Child Porn for Tweeting a Nude Selfie is like charging a teen for child molestation for masturbating.
According to this article, a 16-year-old teen is facing child pornography charges after tweeting a nude picture of herself. Next teens will be facing child molestation charges for masturbating.
Another Soap Bust
You may have read about the Dr. Bronner’s Soap case here. Well, here is another case of the cops mistaking soap for hard-core drugs: http://www.rawstory.com/rs/2013/12/16/charges-dropped-for-ny-pair-after-a-month-in-jail-when-cocaine-proves-to-be-soap/ It is almost never a good idea to consent to a search. And friends don’t let friends drive with an open container of soap.
Beastie Boys Sued for Trying to Thwart Free Speech
Here’s the Complaint filed by GoldieBlox, Inc. Complaint GoldieBlox v Beastie Boys Update: GoldieBlox has dropped the lawsuit. They had a fairly strong Fair Use argument since their song was an obvious parody of the Beastie Boys song, and in fact is more of a critique than most parodies that are protected by the First […]
Maybe Snopes is Correct on This One
Based on some PACER-ing (Public Access to Court Electronic Records), it looks like this story about Sophia Stewart winning her lawsuit regarding the Matrix is indeed a hoax: matrix lawsuit judgment Order Granting Attorneys’ Fees Matrix
Radical Law Center Featured on “Lowering the Bar”
Attorney: “The Training I Received at Hustler Was Extremely Helpful” in Law School Susannah Breslin, who is a contributor at Forbes.com, has posted her interview with Dan Kapelovitz, who is currently a criminal-law attorney but previously worked at Hustler magazine. See “How A Porn Magazine Editor Became A Criminal Law Attorney,” Forbes.com (Apr. 17, 2003). According to this, that magazine has articles in […]
Don’t Become a Hostage in an L.A. County Jail
If you are ever visiting someone in the Los Angeles County jail system, try to not to become a hostage. Pursuant to the California Code of Regulations, “hostages will not be recognized for bargaining purposes” during attempted escapes by inmates. (See Section 3304, California Code of Regulations, Title 15, Division 3, Chapter 1.) In other […]
“Driving While Weird”
by Dan Kapelovitz On April 4, 2007, Don Bolles, the once and current drummer of the Germs, was arrested for possession of a controlled substance. The substance? Dr. Bronner’s Soap. Peppermint, to be exact. Bolles, 50, was driving himself and his 21-year-old girlfriend, Cat Scandal, through the clean streets of Newport Beach to an Alcoholics […]
“Superfluity does not vitiate” and other maxims found in the Cal. Civ. Code
The California Civil Code enumerates the following maxims of jurisprudence:* 3510. When the reason of a rule ceases, so should the rule itself. 3511. Where the reason is the same, the rule should be the same. 3512. One must not change his purpose to the injury of another. 3513. Any one may waive the advantage […]
How the California legislature defines “controlled substances”
The California Health and Safety Code defines “controlled substances” thusly: 11053. The controlled substances listed or to be listed in the schedules in this chapter are included by whatever official, common, usual, chemical, or trade name designated. 11054. (a) The controlled substances listed in this section are included in Schedule I. (b) Opiates. Unless specifically excepted or unless […]