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So if you get pulled over for a traffic matter, would it ever occur to you that you have a constitutional right not to identify yourself?  Yeah, me either. But this lady? Whoa. You’re not going to believe this. As reported by The Carroll County Times:

Close to a dozen members of a local advocacy group against what they consider to be the misapplication of federal and state law waited outside the Carroll County Detention Center to greet a woman released Tuesday morning who had been arrested after failing to identify herself after a routine traffic stop in June.

During her time at the detention center, the woman continued to refuse to identify herself, claiming it was her Fifth Amendment right.

Bob Kurland, a member of the Westminster-based Save-A-Patriot Fellowship — a group claiming it is intent on ensuring that law is accurately interpreted and appropriately enforced — questioned the court’s refusal to release the woman, who became known as Jane Doe, sooner because of her choice to invoke the Constitution.

“Do you believe she is John Dillinger, public enemy No. 1?” said Kurland, who along with other members of the group refused to identify Doe. “How can you be held for exercising your Fifth Amendment rights?”

However, police, prosecutors and a law professor considered to be an expert on the Fifth Amendment contend that refusing to identify yourself to law enforcement isn’t protected by the Constitution.

“If that were the case, no one would ever have to provide information, and we would have burglars and robbers and people running all over the place not knowing who they were,” Carroll County State’s Attorney Brian DeLeonardo said Tuesday.

Essentially, the Fifth Amendment “protects criminal defendants from having to testify if they might incriminate themselves through the testimony,” according to the Legal Information Institute at Cornell University.

Doe, who continues to refuse to identify herself even after being released from jail, was arrested June 27 after she failed to stop for a Carroll County Sheriff’s Office deputy for a tail light that was out.

Doe, who spoke with the Times on Tuesday afternoon after her release but continued to refuse identifying herself, said she saw lights close behind her but “didn’t know what it was,” so she proceeded at a steady pace. When the trooper made contact with her at a traffic light, she refused to identify herself and had to be forceably removed from her vehicle, according to court documents. She was charged with failure to obey a lawful command, resisting arrest and obstructing an investigation, according to electronic court documents.

Because of her continued refusal to identify herself, neither the Sheriff’s Office nor the State’s Attorney’s Office believed it was prudent to immediately release her, according to Sheriff Jim DeWees.

Arrest and booking photos are provided by law enforcement officials. Arrest does not imply guilt, and criminal charges are merely accusations. A defendant is presumed innocent unless proven guilty and convicted.

The Sheriff’s Office was eventually able to obtain her fingerprints and, after submitting them to the FBI, felt it was no longer necessary to detain her, DeWees said. Her fingerprints were not flagged for any warrants, and they had no connection to any criminal investigations, he said.

“At the end of the day, we felt comfortable through the other outlets she was not a wanted person and felt fairly comfortable she served the appropriate amount of time,” DeWees said.

She was released Tuesday after 67 days at the detention center.

The State’s Attorney’s Office chose not to pursue the charges against Doe, officially dropping the case Aug. 28.

“When we are preparing a case, our overriding concern is always what is just in that situation,” DeLeonardo said. “Ultimately, we knew she wasn’t dangerous, so she served far in excess what she would have if she had cooperated. So essentially, it is an abatement by time served.”

Doe’s stay at the detention center cost the county about $4,500, DeWees said.

“If she had cooperated and displayed a driver’s license, she would’ve gotten a simple repair order and been on her way,” he said. “The lesson is, when the police stop you, you are required to submit a driver’s license. She wanted to play hardball and, in the process, she wasted an awful lot of taxpayer money by doing it her way.”

Doe said the Fifth Amendment is reiterated in the Maryland Constitution’s Declaration of Rights, “That no man ought to be compelled to give evidence against himself in a criminal case.”

“The constitution is the law, and no man ought to be compelled,” Doe said in a phone interview from a number associated with the Save-A-Patriot Fellowship. “Evidence is everything and anything, starting with my name, where I live, my mug shot, and my fingerprints.”

James Duane, a graduate of Harvard Law School and a professor at Regent Law School in Virginia who is considered a Fifth Amendment expert, said the Fifth Amendment does not give someone the right to refuse providing identifying information.

“The Constitutional right to remain silent is vast, and it gives you a right to refuse to answer any request for information that carries a reasonable probability that it could be used to convict you, but the right is limited,” Duane wrote in an email.

“[Eleven] years ago, the Supreme Court of the United States specifically ruled that a request from the police for a suspect to identify himself, assuming that the request was otherwise proper under state law, would not be a violation of the Fifth Amendment, because there is so little chance that such information, by itself, would pose any reasonable probability that it could lead to a conviction of that person.”

Doe said she is aware of the court’s opinion on the matter.

“Courts have ruled on this, and I’m not interested in what the courts say,” she said. “Even a name can be a link in the chain of evidence used to convict you. The last thing [government] wants people to know is that you can refuse to give a name or take a mug shot.”

Another member of the Save-A-Patriot Fellowship, George Otto, said Doe’s actions will help people understand what the country’s Founding Fathers meant when they wrote the U.S. Constitution.

“That’s what Jane Doe does; she helps people understand the law,” Otto said. “One thing we learned, if a law is not written clearly, it should be void.”

Doe also took issue with her length of detainment. The only reason the Sheriff’s Office and State’s Attorney’s Office gave to keep her in jail was the possibility of her being a criminal, she said.

“That’s not enough,” Doe said. “They have to have probable cause — a reason. That’s important to understand. I was told I could literally be a sex offender. ‘Might be’ is not probable cause. It’s their job to be proving things, and it is no man’s job to give evidence against themselves.”

DeLeonardo said there is no issue of this being an inappropriate detention as she was initially detained because of the crime she committed.

“The court refused to release her until she provided the information because they need that information to process her through the system,” DeLeonardo said. “Otherwise you’d have thousands of Jane Does.”

By refusing to identify herself, he said, all Doe was successful at doing was causing additional burden on herself, the county and its taxpayers.

“Essentially, if people think it’s a good route to go and want to spend an enormous amount of time in jail more than they would, they can do that.”

No thanks. I’ll take the ticket, and either pay it or fight it (and win!). Here’s the source.

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As a daily bicycle commuter, it pains The Juice to speak (ahem, “allege”) ill of a fellow traveler. Alas, it is not looking good for this gent, as reported by NJ Advance Media for

Jose Angel Perez-Luna, 31, Tannersville, Pa., was arrested early Sunday morning near the Holland Tunnel after a Port Authority police officer spotted a Citi Bike in the open bed of his pickup truck, police spokesman Joe Pentangelo said. At roughly 3 a.m., Perez-Luna had passed Lt. Joseph Macaluso and abruptly stopped at a red light at 14th Street and Jersey Avenue, Pentangelo said.

After noticing the Citi Bike, Macaluso stopped Perez-Luna, who explained that he stole the bike from Manhattan to commute to his job. The bike is valued at $1,000. Perez-Luna was also driving with a suspended license and had previously been cited in Virginia for unlicensed driving, Pentagelo said.

He was arrested and charged with receiving stolen property, driving while suspended, driving without a license and careless driving. He was also cited for failing to move over for a marked police officer, since he drove too close to Macaluso while the officer was stopped for an unrelated traffic matter.

Next time, how about Craigslist? Here’s the source.

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First this man gets shot just for going to church? (So he wasn’t exactly just “going to church.”) Then, he gets busted for being in a Burger King? (So it was a little after closing?) As reported by

A man [who] was shot and wounded by a church pastor last week after allegedly breaking into a Baytown church is now accused of breaking into a Burger King.

Lee Marvin Blue, 27, was shot in the right shoulder and taken to Memorial Hermann Hospital. Police say that after his surgery, Blue walked out of the hospital.

Shortly before 4 a.m. Monday, police were called to the Burger King at 3598 Cleburne concerning a break in. Inside, police say they found Blue, who told officers that he needed to use the restroom so he broke in the door. He also microwaved some hamburgers.

Blue is now in the Harris County Jail on no bond.

At least he won’t get into any more trouble for a while. Here’s the source, with Mr. Blue’s mugshot.

(Don’t you all forget who brings you Legal Juice every day, and has for the past 8 years. (Yes, there are thousands of searchable posts at  The Juice is a personal injury lawyer who represents folks injured in automobile, bicycle and pedestrian accidents in Washington, DC, Maryland and Virginia.)


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The “live and let live” readers will like this post. Some other folks, not so much. As reported by

Three Kitchener, Ont., sisters are planning to file a formal complaint after they say they were stopped by a police officer for cycling topless.

Tameera, Nadia and Alysha Mohamed took off their shirts while riding their bikes in downtown Kitchener on Friday evening because of the heat. They say they received mostly positive reaction, until a police officer stopped them on Shanley Street.

Tameera Mohamed and her sisters say they were stopped by a Waterloo Regional police officer for cycling downtown while topless. (Submitted by: Tameera Mohamed)

“He said, ‘Ladies, you need to put on some shirts,'” said Tameera Mohamed. “We said, ‘No we don’t … it’s our legal right in Ontario to be topless as women.'”

The officer said there had been complaints, according to Mohamed. She said the officer began backtracking once her sister, Alysha, began recording with her smartphone. The officer then denied having pulled them over for riding topless, before letting them continue their ride, Mohamed said.

“We went on our way and went straight to the police station to report it,” she said.

Waterloo regional police acknowledge there was an incident involving three topless female cyclists and a police officer, but would not discuss the incident in detail.

“We’re doing an internal review on the situation,” said Staff Sgt. Michael Haffner. “It is a current law that if a female chooses to go topless, that is their right.”

The sisters say they plan to file a formal complaint with the Office of the Independent Police Review Director, which oversees public complaints against municipal and regional police services in Ontario as well as the Ontario Provincial Police.

“When men take off their tops in public, it’s clearly because it’s a hot day and clearly it’s for their comfort. Women should be given the same freedom,” said Nadia Mohamed. “Even though legally we have that right, socially we clearly don’t.”

The women are holding a rally in uptown Waterloo on Saturday to support the desexualizing of women’s bodies. Shirts will be optional.

In July 1991, University of Guelph student Gwen Jacob was charged after removing her top on a hot summer day. That act started a movement, eventually giving all women in Ontario the legal right to expose their breasts.

Who knew? You’ll find the source here.

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People say the darnedest things! Take this New Jersey gent. (Too late – the cops already did.) As reported by NJ Advance Media for

A township man caught with cocaine and a loaded handgun tried to explain away the powder on his face by telling police that he had just eaten a doughnut, authorities said Wednesday.

Police pulled over the Jeep Grand Cherokee that 30-year-old Octavio Delasuaree was driving after it cut off their patrol car Sunday night on Route 23, according to Capt. Laurence Martin.

Officers Joseph Rooney and Robert Fernandez noticed Delasuaree was having labored breathing, while his hands were shaking uncontrollably, Martin said.

Delasuaree also had powder around his nostrils and mouth, Martin added.

“Mr. Delasuaree attempted to explain his condition by stating he had just eaten a doughnut,” the captain wrote in an e-mail. “The officers observed a clear plastic bag on the floor that was suspected cocaine.”

Police discovered 17 oxycodone pills and a Sig Sauer 9mm semi-automatic handgun in the passenger seat-area, Martin said. The gun was loaded with four hollow point bullets.

Delasuaree told police the gun was for his own protection, according to authorities. He was arrested on charges including possession of a firearm as a convicted felon and drug offenses.

Police said Delasuaree was ordered held on $100,000 bail, with no 10 percent option.

100,000 simoleans? That’s a lot of dough. Here’s the source.

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Driving on the interstate can get pretty boring. Not this day. As reported by

A Massachusetts woman was arrested Friday evening after she allegedly “mooned” several drivers on Interstate 93.

Bow police Sgt. William Graham was driving a marked police cruiser northbound on the interstate at approximately 7:35 p.m., when he reported that his attention was drawn to a female passenger in the car in front of him.

The female, later identified as Stephanie K. Sherburne, 22, of Billerica, Mass., was standing in a crouching fashion on the passenger’s side front seat of the car, with her backside to the open passenger’s window. She then, allegedly, lowered her pants and exposed her genitals.

Since it was the weekend of the NASCAR race in Loudon, traffic was heavy there were several cars in the vicinity when Sherburne exposed herself, Graham reported.

The police sergeant stopped the vehicle Sherburne was riding in and arrested her on a charge of indecent exposure and lewdness. She was released on personal recognizance bail to appear on Sept. 4, in Concord District Court.

Here’s the source, which includes Ms. Sherburne’s mug shot.


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trash cans

Trust me, your trash isn’t that interesting. As reported by The Seattle Post-Intelligencer:

Seattle’s privacy is in the trash, according to eight people suing the city over its composting ordinance.

A lawsuit filed today in King County Superior Court argues that Seattle’s composting ordinance violates constitutional privacy by allowing garbage collectors to sift through peoples’ trash without a warrant.

The suit was announced Thursday morning at a news conference in Kerry Park, where supporters and plaintiffs held signs that read “Stop City Snooping!” and “Don’t Trash My Privacy.”

The Seattle ordinance — approved by voters last year and in effect since January — prohibits residents from throwing food and compostable paper in with regular trash and requires collectors to visually inspect trash to make sure that no more than 10 percent of the contents is compostable.

You can read more here.

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A certain gentleman (not the guy in picture) will be cursing child safety locks in cars for quite some time. Why? As reported by (The Times-Picayune):

A man accused of stealing more than $20,000 in cash after burglarizing a Metairie coffee shop might have gotten away if it wasn’t for a pesky child-safety door lock, according to authorities. The driver of a Jeep Grand Cherokee pulled over by Deputy Michal Voltolina during the early morning hours of July 4th bolted from the vehicle after a brief chase, according to Col. John Fortunato, spokesman for the Jefferson Parish Sheriff’s Office.

But Brent Prince, 22, of Metairie, found himself in handcuffs after becoming trapped inside the Jeep by the vehicle’s safety locks.

The driver? Identified, but still at large. You can read a fair amount more, and see the mug shots, here.

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cell phone

Regular readers know that The Juice scours the globe to find stories. This one comes to you from Guyana, via the Guyana Chronicle:

A South Ruimveldt man was on Tuesday placed on $12,000 bail by Chief Magistrate Priya Sewarnine-Beharry for damaging his girlfriend’s sister’s phone. Erick Forde, of Lot 25 Shopping Plaza, South Ruimveldt Gardens, pleaded not guilty to the charge that alleged that on 18 February at Lot 186 Thomas Street, Kitty, he unlawfully and maliciously damaged a Samsung cellular phone valued $152,000, property of Tracy Miller.

According to Police Prosecutor Bharat Mangru, Forde was dating Miller’s sister and on the day in question, there was an argument over a text message that came through Miller’s phone when the defendant became annoyed and broke the phone.

Bail was granted after no objection was raised by the prosecutor. The matter was transferred to Magistrate Annette Singh for Tuesday, June 16,2015.

Okay, so $12,000 Guyana dollars is $58 US. Still, bail? Is he going to flee the country?  You’ll find the source here.


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professional business businessman

Question: Do you think that cashing a check and wiring money is a “professional service”? If so, you and your money will soon be parting ways too. As reported on

A [Mount Laurel] township man said a fictitious company stole more than $1300 from him through an email scam, according to police.

Officers were called to the man’s home Tuesday afternoon, and he said a company called Travel Agency Settlement contacted him through email offering to pay him $400 for professional services.

Police said the company mailed him a check for $1,750 and told him to cash it, keep $400 and wire the rest to someone else.

You know that old saying, “If it sounds too good to be true …”

The man followed the directions, but several days later, his bank informed him that the check was fraudulent.

Police said investigation revealed that Travel Agency Settlement was a fictitious company.

No! Fictitious? Who would have guessed that?