Earlier we did a story on how the Carson City (as well as Douglas County) Department of Alternative Sentencing (“DAS”) is a fraud.
Here is an update to this DAS scandal: http://wp.me/p2cFpU-XC
Defendants under supervision by the Carson City, Nevada and/or Douglas County, Nevada DAS prior to July 01, 2013 were illegally deprived their Constitutional rights since DAS acted outside their jurisdiction pursuant to NRS 211A. Pre Trial Defendants were not defined as “Probationers” and DAS legally had no jurisdiction.
The 2013 Nevada Legislature passed SB101 which was signed into law by Governor Brian Sandoval and made effective July 01, 2013. SB101 was to protect their asses, however the law is not retroactive i.e. ex post facto.
We have discovered that many people, pre-trial Defendants, who were awaiting a trial (pre trial release) were illegally supervised by DAS prior to July 01, 2013 may have civil recourse in the federal courts under Title 42, Section 1983 for civil rights violations against the DAS, the State, the Judge, the county and individuals for acting under the color of law outside their jurisdiction.
The leading case on this matter is United States v. Scott: Should a Pre-Trial Releasee Be Subject to Fourth Amendment Searches and Seizures Based on Probable Cause or Reasonable Suspicion?
By Gina M. Muccio
The Ninth Circuit affirmed the United States District Court for the District of Nevada’s suppression of a shotgun and statements made by defendant, Raymond Lee Scott (Scott), as a violation of Scott’s Fourth Amendment rights.
The court held that the government may not conduct a search of an individual released while awaiting trial, based on less than probable cause even when his Fourth Amendment rights were waived as a condition of pre-trial release.
SENATE BILL NO. 101–SENATOR JAMES SETTELMEYER
FEBRUARY 11, 2013
Referred to Committee on Judiciary
SUMMARY—Revises provisions relating to departments of
alternative sentencing. (BDR 16-464)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to departments of alternative sentencing;
authorizing a department of alternative sentencing to
supervise certain persons who are released from custody
before trial or sentencing; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
1 Existing law authorizes the governing body of each county or city to create a department of alternative sentencing for the purposes of supervising certain persons convicted of misdemeanors and serving suspended sentences or terms of residential confinement. (Chapter 211A of NRS) This bill: (1) authorizes a department of alternative sentencing to supervise persons charged with or convicted of misdemeanors, gross misdemeanors or felonies who have been released from custody before trial or sentencing, subject to the conditions imposed by the court; and (2) provides that such persons are generally subject to the same statutory provisions as the other persons currently supervised by a department of alternative
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1 Section 1. NRS 211A.050 is hereby amended to read as
3 211A.050 “Court” means a court having jurisdiction over a (more…)