(December 28, 2022) In a previous post, we discussed search and seizure laws pertaining to automobiles. We saw how a warrantless vehicle search must meet two requirements: probable cause and mobility. But how much of the vehicle can police officers search under this rule? If they see evidence of illegal contraband (illegal substances, for example), do they have the ability to search the entire vehicle? What about bags or locked containers in the passenger compartment or trunk? Let’s take a look at what’s covered under the mobile conveyance exception – and what is not.
(December 28, 2022) The United States Supreme Court case Mapp v. Ohio established the historic exclusionary rule, which forbids any evidence collected illegally to be used in court, which is consistent with the fourth amendment that protects against unreasonable search and seizure. However, this rule created a tricky situation for traffic officers. It frequently happened that traffic officers had probable cause to believe that illegal activity was being enabled by automobiles. However, by the time they came back with a warrant to search the vehicle, it was out of their jurisdiction, or the evidence was gone. To combat this problem, the Supreme Court ruled in Carroll v. United States to include an automobile exception to the exclusionary rule that allowed traffic officers to conduct warrantless vehicle searches… if certain conditions were met. So, when can an officer search your vehicle without your consent?
When Can a Traffic Officer Search Your Vehicle Without Your Consent?
(November 2, 2022) The city of San Antonio has had a crazy two months on the legal front, with some unusual lawsuits being filed. Bill Miller BBQ, a popular San Antonio chain, has sued its poultry supplier for $382,000 worth of chicken tenders that were “too salty” after receiving numerous customer complaints on the issue. A San Antonio lawyer has sued Texas staple grocery chain H-E-B for creating excessive noise and blocking sidewalk and road traffic from numerous early-morning deliveries, demanding compensation of up to one million dollars. Oftentimes, when people are injured or suffer extreme discomfort, they are not aware that they may be entitled to legal compensation for it. Let’s take a closer look at these unusual lawsuits and see the particulars behind the laws that drive them.
Salty Chicken – A Breach of Contract Lawsuit
American business law can seem a little complicated. However, with 31 million U.S. citizens becoming entrepreneurs and starting their own small businesses, it is important to understand some basic legal concepts that govern business in the United States. Bill Miller BBQ’s lawsuit covers both breach of contract and gross negligence, two very important legal concepts. Let’s take a look at each one.
(August 25, 2022) San Antonio is officially back to school this week. Back to school means busy parents are rushing to drop off their kids before work, and school buses are adding to the already congested construction traffic areas. It’s important during this time that drivers brush up on their back-to-school safe driving techniques. In this article, we’ll look at crash statistics and cover tips for safe driving practices during the school season, as well as what to do if your child has been injured in a school transportation accident.
Did you know?
(August 23, 2022) The National Weather Service has issued a flash flood warning for San Antonio and the surrounding hill country for the extremely heavy rain we have recently experienced. This rain is expected to stay for the remainder of the week. Driving in the rain comes with many complications and unique dangers that can increase your risk of being in an accident. In this article, we’ll take a look at some safety tips for driving in the rain, as well as the causes of hydroplaning and how to avoid it.
Did you know?
(July 24, 2022) Former San Antonio personal injury attorney Christopher Pettit is forced to resign from practice and surrender his Texas legal license, and State Bar Card after the Supreme Court of Texas finds him guilty of professional misconduct. This means that he is no longer allowed to practice law in the State of Texas, offer any kind of legal service, or even refer to himself as an attorney.
How did this happen?
The former attorney filed for bankruptcy on June 1 after receiving multiple lawsuits from former clients claiming that he had stolen their money, some up to 700,000 USD, according to San Antonio Express-News. He claims to not know what happened to the money, but his answers did not satisfy his former clients.
(June 3, 2022) On Thursday, June 2, 2022, a pilot crashed his plane in a Medina County field and walked away from the accident with only minor injuries, as reported by KSAT News. The pilot, William Fahey, was taking his single-engine handmade plane for a test flight when his engine suddenly gave out. He crashed into a field upside down but managed to walk away with nothing but a couple of scratches, one on his arm and one on his leg. The Police responded to the single-engine plane crash south of FM 211 and Culebra in Media County at around 2:41 PM, just outside of Loop 1604. No one else was injured. The pilot told KSAT that he was “absolutely blessed” and “It could have been so much worse.”
What do I do if I’ve Been in an Aviation Accident in Texas?
Most of us do not fly – or crash – our own handmade planes. But what do you do if you have been in a commercial or private aviation accident? Aviation accidents do not happen very often, especially when compared to automobile accidents or public transport accidents. However, when they do happen, they are almost always fatal or result in very serious personal injury. The Federal Aviation Administration (FAA) extensively investigates aviation accidents in the United States. Because of this, there is a lot of data and evidence recovered after an aviation accident about the airline, the pilots, and the manufacturers of the plane. Manufacturers can be found to be at fault for up to seventy percent of the accident due to faulty manufacturing practices, which are strictly regulated. The airline itself may also be found at fault for up to thirty percent due to violations such as missing or poorly executing inspections.
(May 12, 2022) Last month, on Tuesday, April 12, 2022, Ferrero recalled Kinder Surprise chocolates in the United States after several cases of Salmonella were reported across Europe and in the United Kingdom. Children under five years old made up the majority of cases. Ferrero claimed that the recall was “out of an abundance of caution” and that “we take food safety concerns very seriously.” According to their website, some of the chocolates that were meant for European consumption made their way onto United States shelves by mistake, though at the time, there were no reported cases as a result. However, last week Wednesday, May 4, 2022, the Food Standards Agency (FSA) voiced concerns about the effectiveness of the recall. After checking several smaller local retailers, the FSA found that some of them were still selling the recalled chocolates, while others had purchased them only to have to discard them immediately. Additionally, the FSA found that the initial recall did not include all of the affected chocolates and provided an updated list.
The Dangers of Salmonella Poising to the Young and to the Elderly
Roughly 1.3 million people are diagnosed with Salmonella poisoning every year in the United States, according to the Centers for Disease Control and Prevention (CDC). While it can be contracted by pet reptiles, the most common source of Salmonella poising is food. The CDC also lists the following categories of people at higher risk of extreme or life-threatening sickness from Salmonella poisoning:
On Monday, March 28, 2022, a four-year-old girl tragically lost her life in a deadly rollover accident in Boerne, Texas. The young girl’s car seat was not adequately secured to the vehicle, which allowed her to be ejected from the vehicle, along with her two-year-old and infant siblings, whose car seats were also improperly installed. The young girl was pronounced dead on the scene, and her two siblings were rushed to the hospital with major injuries, including a broken neck and hip, according to the affidavit (KSAT News, 2022).
The tragic death of young children due to an improperly installed car seat is an avoidable yet common mistake. Car accidents are the leading cause of death among children in the United States. Even though most parents comply with the law and utilize safety seats for their children, the National Highway Traffic Safety Administration (NHTSA) reports that 59% of all car seats are misused, meaning that they are not properly buckled and anchored to the vehicle. Failure to properly restrain a child results in a fine of up to $250, according to Texas law. Children under the age of eight years old are required to be secured in a safety seat unless they are taller than 4 feet 9 inches. Children 12 and older must wear a seatbelt. These restrictions are designed to keep our children safe. Children younger than eight years old cannot be protected by seatbelts designed for the average adult. Their smaller size and weight put them at risk of being ejected from the vehicle or being struck in the head at impact. When properly installed, car seats raise children to a safer height and firmly secure them to the seat, greatly minimizing the risk of serious bodily injury. The best way to keep your children safe from injury is to use the appropriate safety seat for their age, height, and weight.
Not sure if your child’s car seat is properly installed?
Paraquat is an extremely popular herbicide used by many licensed agricultural workers. The reason it’s so popular is that this product is highly effective when it comes to killing nasty weeds and overgrown grass. However, there are risks to using this product. Studies have shown that there’s an increased risk of developing Parkinson’s disease from being exposed to Paraquat. It is, In fact, so toxic that only certified professionals are allowed to buy this product and use it by law in the United States.
Parkinson’s disease is vicious to those it affects. It progressively shuts down the nervous system as It slowly kills certain nerve cells called neurons found in the brain. Many of the symptoms are due to a loss of neurons that produce a chemical messenger called dopamine. When there is a decrease in dopamine, the brain begins to have abnormal activity, and your movement capabilities can begin to fail. However, many other symptoms can occur when this happens.
This disease can lead to the person developing issues with chewing and swallowing properly due to the disease affecting the muscles in their mouth. In addition, cognitive issues like being unable to remember things and control your emotions (dementia) are also symptoms of this horrendous disease. There are many symptoms such as; general pain in the body or specific areas, losing your ability to differentiate particular odors you previously could without any difficulties, having a lack of energy throughout the day, changes in blood pressure causing you to feel lightheaded or dizzy, and many others.