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Published May 14, 2017

Do You Know The Rules of the Sky?

Drones have quickly grown in popularity over the last few years, and for good reason. Drones allow us to take to the skies with ease, and can even give us a bird’s eye view of the world we know. Due to their steady increase in popularity, the Federal Aviation Administration (FAA) has released several rules for drone owners

Some of these rules are:

• Register your drone with the FAA.
• Take a lesson before flying your drone.
• Never fly your drone above 400 feet.
• Always inspect your drone before flying it.
• Never fly your drone where you cannot see it.
• Never fly your drone near airports or manned aircraft, this includes flying near wildfires.
• Do not fly your drone where it can hurt people.
• Do not fly anything over 55 pounds.

By following these rules, you reduce the risk of getting into trouble when flying a drone.

As fun as they can be to fly, many people view drones as an invasion of their privacy. While understandable, there are, unfortunately for these people, no laws specific to drones about invading people’s privacy. For the most part, people would have to refer to regular privacy laws regarding recording of information. This means that it is illegal to film or record anyone without their consent if they are in an area where privacy would be expected. This includes places like:

• A person’s home
• A person’s backyard
• Any restrooms

Basically, if you would expect privacy in a place, do not record someone with a drone in that place.

Drones are meant to be fun, and can offer us a unique view of the world we know. If you have a drone, be sure to use it safely and properly, and remember to respect people’s privacy.

Published May 14, 2017

Who Does Your Auto Insurance Cover?

Have you ever lent your car to a friend who needed to run an errand? If so, did you ever stop to consider whether or not your friend was insured while driving your car? If he or she was not insured and got into an accident, you could be liable for the accident.

It is important to know who your auto insurance covers when it comes to your vehicle. Some insurance covers the driver, and follows him or her from vehicle to vehicle. Other insurance covers the vehicle itself, no matter who is driving it. There are some forms of insurance that will not cover any other driver than the person who is paying for the insurance.

Liability coverage, which all Californian drivers are required to have, follows the driver. This means that the driver will always have car insurance, no matter what vehicle he or she is driving.

Comprehensive and collision coverage covers the car itself. If the vehicle suffers any damage from an accident or vandalism. This means no matter who is driving the car when it gets in an accident, it will be covered. However, it costs more than liability coverage usually does.

When it comes to allowing friends to drive your car, you should always ask whether or not he or she will be covered in the event of an accident. You should also look into your own insurance, and find out if it covers only you, or anyone driving your car. Knowing this information will be extremely important in case an accident occurs.

Published April 30, 2017

What You Should Not Post On Social Media

These days, there is no denying how powerful social media is. It is a great way to keep us all up-to-date on how friends and family are doing. It is also a rapidly growing medium for people to receive their daily news. Then there is law enforcement. Law enforcement agencies on all levels, local, state, or federal, are increasingly scanning through social media to look for evidence and information of crimes.

In fact, many agencies have special departments who focus solely on social media. Obviously, people should know what they should and should not post on social media. Yet, some people choose to post questionable, incriminating, and illegal content online. One of the latest stories that quickly captured national attention is that of Steve Stephens.

Stephens had posted a video on Facebook of him shooting and killing another man in Cleveland, Ohio. In his video, he also made claims to have killed other people. The police were quickly notified of the posting and alerted the city of Cleveland to stay alert and indoors, if possible. Stephens was considered armed and dangerous. The search for Stephens quickly became a national search.

The video has been removed from Facebook, but it is just another strong example that shows how powerful the social media community is. Even threats that are made online as a joke are taken seriously by both the social media company and law enforcement agencies.

Another type of post that can get you into legal trouble are photos of you in a location that can only be accessed by trespassing. This happens quite often when the location offers a great view and the person needs that Instagram shot. If you post a photo of your name carved into a tree that is in a national park, or on Native American land, you can get called out for this as well. This is exactly what happened to singer and actress Vanessa Hudgens. These are the type of posts that you may not have intended to post with ill will, but it did not cross your mind that it could still incriminate you for a less heinous reason.

The bottom line is that with social media, you are putting your life out there for others to see, not just friends and family. People on social media like to talk, gossip, share, and judge. Everyone is a critic. They can quickly make something viral, and even if you delete something, you never know who might have saved a copy. Be careful with what you post on social media. If you ever see something that is troubling or disturbing, report it. It is better to be safe than sorry!

Published April 30, 2017

After Graduation Comes Partying and Traveling

More likely than not, high school seniors and 4th years in college are not going to be spending this next month or so making their papers an A+ and studying for finals and exams. Mentally, they are pretty much done with school. All that is on their mind now is graduation, summer, and that unparalleled feeling of having completed schooling. Before they move on to higher education or work, they plan on taking a well-deserved vacation with some friends. As their proud parent, you are supportive of this; you too feel they deserve it. Yet, you cannot help but have some reservations before they graduate and leave.

Now that they are no longer a minor, you have less control and say over them. To them, this is freedom when they want to go out and have fun. At the same time, this can be heartbreaking if something bad happens, and you, as a parent, are limited on the help you can provide.

For example, if your child is arrested at the age of 15 for committing a crime, they would not have a trial by jury. Instead, a judge would determine any consequences, and consequences would not include jail time. A prison sentence is not a punishment option for a minor; they would be released back to your custody. However, if your child is arrested at the age of 18 or older, the criminal proceedings are more serious. They will have a trial with a jury, and they can face a possible prison sentence. You could help bail your child out of jail during the trial, but if they are denied bail, there is nothing you can do but wait.

To make matters more complicated, criminal proceedings are more difficult to navigate when it is an arrest that was made outside of your home state. The defendant would most likely need to be present at the trial, which will be held in the state they were arrested. That means the defendant would have to make proper arrangements to be there, when they could be back in their home state going to work, school, or just relaxing. This gets expensive.

Since your child plans on taking a trip, you will want to make sure they are aware of their actions, and to not act on something that can lead to a bad situation. A way to help show that you are not trying to lecture them and give off an “I do not quite trust you” attitude is to also let them know to be aware of the actions of others around them. You trust them, but you do not trust strangers. Your child could be a well-rounded individual, but you never know about the motives of others. All in all, you just want your child to return home relaxed and with many memories before they move on to the next big step in their life. They just finished high school or even college, they deserve this break, and you both deserve to not have to worry about trouble.

Published April 30, 2017

When Law Enforcement Does Not Need a Warrant to Search Your Cell Phone

Have you ever traveled internationally and then upon returning to the United States, been asked by border control for your cell phone? Whether this has happened to you or not, you probably wonder if you are required to give it to them, and whether they are violating your rights and privacy.

This has happened to a small percentage of travelers, but the percentage has risen sharply since 2015. Due to this increase, Congress was introduced with a new bill that would limit United States border agents when it comes to searching cell phones of Americans who are returning to the country. The new bill, if passed, would require the border agent to have probable cause, at the least, to search and even seize a cell phone.

Even if the bill is not passed, the United States border agents do have the right to ask for cell phones. Most likely, the chances of being searched are practically nonexistent. To offer perspective, nearly 400 million individuals cross United States borders every year. Less than 0.01 percent of these 400 million travelers have their phone or computer searched. An even smaller percentage of that 0.01 are American citizens.

People who are searched leave a “gold copy” of their cell phone data, which includes text messages, photos, browser history, and more, with the border agents. The border agents are allowed to clone your device and everything on it. This information can be shared with other federal law enforcement agencies if they require assistance in understanding the information. If they do not have any probable cause of illegal activity and crime, then they are required to completely erase all copied data from their system. Don’t worry, the data on your cell phone will remain intact.

Border control can keep your cell phone to search it thoroughly, even if you depart from the airport. After 5 days and no valid reason, they must return it to you. After several weeks without additional probable cause, they will have to return it to you. If they do not return your phone after that, then they have found incriminating information and will issue an arrest warrant.

Searching and seizing a cell phone at the airport is legal. In fact, border control has the right to search and seize any item within 100 miles of the border that was brought in to the United States. That means that if you returned to the United States and have already left the airport with your cell phone, but you are only 20 miles away from the border, they can still go after you, stop you, and request your cell phone. Anywhere else in the United States, outside of this 100 mile radius, a search warrant would be required.

Published April 9, 2017

Is There a Legal Obligation to Report a Crime as a Witness?

There was a recent incident involving rape, Facebook, and what did or did not happen after the fact. An adolescent Chicago girl was raped by 5 or 6 males and the incident was streamed live on Facebook long enough for nearly 50 people to watch and know what was going on. None of those nearly 50 people reported the assault to the police. So, besides the males who attacked the girl, do those 50 or so people also get in trouble for witnessing it, but not speaking up? Here is a closer look at what the laws say about bystanders who become witnesses to crimes.

In the United States, if a person is a witness to a crime, they likely have no legal obligation to report it to the police. There are groups of people though who are required to report certain crimes, and it would be because of their profession. For example, doctors, nurses, law enforcement, social workers, and teachers are required to report certain crimes, like abuse and neglect, to the police, even if they just suspect that it is occurring. If these people are required to report crimes but fail to do so, they can be charged a misdemeanor and face up to 6 months in jail and a $1,000 fine.

There may be no legal obligation to report a crime, but there may be a moral obligation to do so. This means that a person who witnesses a crime may report it because they believe it is the right thing to do. They may or may not know that they do not legally have to do it or that they will not get arrested for failing to reporting a crime. If they believe they should contact the police because what they witnessed was wrong and they want some type of justice, they will report it. This is their moral obligation.

When it comes to witnessing crimes online, there are complicating factors. For example, witnesses may not accurately assess what they saw online or what they saw online may be a fake or manipulated video. For California, the same law applies. Someone who witnesses a crime happening through an online channel is not required to report it, and they will not be arrested for failing to do so.

In either case, witnessing a crime in person or online, the police may still track witnesses down to question them. By this point, the police will know they did not report the crime, but they will not be arrested. The police just want to take down a statement of what the witness saw and heard.

Published April 9, 2017

Gambling Laws of California

Many types of gambling are illegal in California, but at least Las Vegas is not too far away! It is worth noting that not all forms of gambling are outlawed in California. Here are some ways gamblers can get their fix without having to leave California:

• Indian Casinos – These are similar to Vegas-style casinos with card tables, bingo, and slot machines. These casinos are built on Indian land and are protected. This is why they are allowed to operate in California.
• Card Clubs – Players must pay a fee in order to participate. Instead of betting against other players, they are betting against the “house.”
• Parimutuel Horse Wagering – This style is where bets are pooled so they are betting against each other instead of the “house.” The pool is divided among the multiple winners, after taxes. In California, this style of gambling is only allowed in horse racing.
• Charity – In California, the only game allowed to gamble on and have the proceeds go to charity is Bingo.
• Lottery – California participates in the Mega Millions and SuperLotto Plus, among other state lotteries. California also manages the California Lottery.

When it comes to hosting a poker night with the guys at home, and the group wants to place money on the table, it is completely legal as long as the host does not act as the “house” and take their earnings as a business venture profit. In addition, there is a cap on how much money can be gambled between friends: $2,000.

If you cannot make it to Vegas and want to test your luck to try and win some money, you can always go to an Indian casino since there are many within California. Alternatively, you can call up some friends for a game night.

Published April 9, 2017

What to Expect with the New Marijuana Laws of California

As you know, California passed Prop 64 last November, making marijuana usage legal in California. However, as you might expect, the prop is not that simple to follow. There are details and complexities written within the prop and forthcoming laws. There are regulations and concerns that must be addressed. Here is what you should know right now:

• Anyone over the age of 21 can use, possess, and share up to one ounce of flowers or eight grams of concentrate of marijuana.
• Anyone over the age of 21 can grow marijuana at home. What is tricky now is that a person cannot purchase a cannabis plant. Rather, they must receive it from another person who is already growing marijuana, and there must be no money transfer. In addition, no more than 6 plants may be grown at home at one time.
• The state has until January 1, 2018 to get through all the rules and red tape so they can begin issuing licenses to marijuana businesses. Do not expect many stores to be ready to sell product until 2018 unless a customer has a medical card or license.
• Similar to how smoking cigarettes and tobacco in public is illegal, smoking and/ or ingesting marijuana in public is illegal.
• If a person plans on traveling outside of California, they cannot take marijuana with them and vice versa. No outside marijuana is allowed to be brought into California.
• Being under the influence of marijuana and driving at the same time is illegal, no matter how much or how little was smoked.

The state and local and federal governments will continue to flush out the laws on marijuana use in California over the next year. There will be state-wide laws and then there will be more lorazaepam no prescription localized laws by county or city. It will be a slow transition until everything is ready to go.

If you are a marijuana user, the safe bet is to stay up-to-date on news and changes with the marijuana laws so you do not accidentally get into trouble.

Published April 2, 2017

LA Signs New Directive Order to Protect its Residents, Regardless of Immigration Status

You know how there has been a lot of news and talk lately surrounding the discussion of immigration? Well, there is even more news. Now, Los Angeles police and city employees will not enforce federal immigration laws, as ordered by the new executive directive that Mayor Eric Garcetti just signed. The directive also says that all residents of the city, no matter immigration status, will have equal and fair access to city services.

Los Angeles is a city of many immigrants and it vows to protect its residents. This melting pot of cultures is what makes Los Angeles the thriving, budding city it is. The city is critical of immigration agents, who can technically, legally, identify themselves as police officers, which may or may not sway an immigrant’s interaction with them. An immigrant can feel a little more secure with a police officer and reveal their immigration status, only to later on learn they were tricked and this “police officer” was really an immigration agent. The Los Angeles police department is against this policy from Immigration and Customs Enforcement.

This is not the first time the LAPD has been ordered to stand up to ICE. This goes back to 1979 and it is not just Los Angeles who has not 100% cooperated with ICE. Many other cities across the nation have similar policies and directives in place for their own police and city employees. Many of these cities, such as Berkeley, Portland, and Seattle, are actually known as sanctuary cities. There is no formal definition of a sanctuary city except that it is one that protects immigrants by not fully cooperating with ICE.

The signed directive does not just cover the LAPD either. It extends to include air and sea police and the LA Fire Department. Employees of all of these departments will not be enforcing certain immigration laws.

The City of Los Angeles hopes that its people feel safer and can trust the city and its police to protect and look out for them, regardless of their immigration status.

Published April 2, 2017

No Child Left Behind

As the weather begins to warms up again here in Southern California, we would like to remind parents that convenience is not always the better option, especially when it comes to your kids. It could be the line that defines whether you are a good or bad parent!

For example, you just picked up your 5 year old from pre-school. You need to make a quick stop at the store to buy toilet paper before you go home. You have two scenarios:

• Bring your child into the store with you and possibly deal with their crying, screaming, running around, nonstop talking, grabbing and breaking things, etc. Imagine the most nightmarish trip to the store.
• Leave your child in the car and you will be in and out of the store in 10 minutes. Easy peasy!

Well, unless your child is 7 years old or older, you must go with option 1 because in California, it is illegal to leave a child 6 years old or younger unattended in the car unless they are supervised by someone at least 12 years old. At the same time though, you will need to consider your child’s responsibility and maturity level, and their willingness to be left alone in the car if they are 7 years or older. It could be that your 9 year old son is too immature to be left alone in the car for 10 minutes, or he feels uncomfortable left alone in the car for that long.

Moreover, if it is a hot sunny day outside, the car gets heats up quickly. This builds a dangerous environment for anyone inside the car, especially young children.

Violators of California’s laws regarding children left alone in cars can face fines. In more serious scenarios, child endangerment charges can be brought forth, which is punishable with jail time. You may think that leaving your child alone in the car is harmless, but things can go the wrong way very quickly.