Category Archives: Criminal Conduct

DUI Football players

DUI is the Most Common Crime Committed by NFL Players

A comprehensive look at the crimes committed by NFL players since 2000 reveals that drunk driving is the most commonly committed crime.

Last week we touched on the fact that your very own Minnesota Vikings have been the most arrested team since 2004, but now we’re taking a look at which crimes are most commonly committed. According to USA Today, more than a quarter of all NFL player arrests are for driving under the influence. 202 of the 713 reported arrests since 2000 have been for drunk driving.

Here are some more statistics from the USA Today database:

  • The second most common crime is assault and battery. 88 of the 713 arrests – 12.3 percent – have been for assault or battery.
  • Domestic violence crimes are the third most popular crime. 85 of the 713 arrests – 11.9 percent – were for situations of domestic violence.
  • Despite recent events, on average, only 1 in 40 players are arrested in a given year.
  • The arrest rate for NFL players is far lower than the national arrest rate for 25-29-year-old males.
  • 38 players have been arrested so far this year. 57 players were arrested in 2013.
  • 67 players were arrested in 2006, the most in a given year.

Vikings players hold the dubious distinction of being arrested the most since 2004. 44 players have been arrested since then, which is double the league average of 22 arrests since 2000.

Related source: NY Daily News, USA Today

NFL Arrests

Vikings Most Arrested Team in NFL

The Minnesota Vikings have been in the news lately, and for all the wrong reasons. First there was the controversy surrounding Adrian Peterson, and just yesterday we posted a blog about the most recent arrest of now-former Viking Jerome Simpson. So it should probably come as no surprise that an analysis of NFL arrests over the last 10 years revealed that the Minnesota Vikings are the most arrested team in the league.

The data compiled by the Dayton Business Journal found that the Vikings are tied with the Denver Broncos for the most arrests over the last 10 years, but it’s certainly possible that the list didn’t include Simpson’s arrest which came to light on Friday.

NFL Teams With The Most Arrests

Here’s the list of the 10 franchises that have had the most players arrested over the last decade.

1. Minnesota Vikings (32 arrests)

1. Denver Broncos (32 arrests)

3. Cincinnati Bengals (31 arrests)

4. Tennesse Titans (30 arrests)

5. Tampa Bay Buccaneers (26 arrests)

6. Jacksonville Jaguars (25 arrests)

7.  Chicago Bears (20 arrests)

7. Miami Dolphins (20 arrests)

9. Cleveland Browns (19 arrests)

9.  Indianapolis Colts (19 arrests)

9. San Diego Chargers (19 arrests)

9.  Seattle Seahawks (19 arrests)

According to the website, the worst year for the Vikings came in 2011 when seven players were arrested on a litany of charges. Over the past decade, Vikings players have been arrested for a slew of crimes, including child abuse, domestic abuse, driving under the influence, possession of marijuana and disorderly conduct.

Related source: Dayton Business Journal

Josh Gordon

Josh Gordon Pleads Guilty to DWI

Troubled Cleveland Browns wide receiver Josh Gordon pleaded guilty to a DWI charge in Raleigh, North Carolina, on Tuesday. Gordon was originally arrested for driving while intoxicated over the July 4th holiday weekend.

Gordon will avoid jail as long as he follows through with the conditions put forth in his plea agreement, which include:

• 12 months of unsupervised probation

• $100 fine

• $290 in court costs

• Driver’s license suspension

Gordon also received a 60-day suspended sentence, meaning he’ll be forced to spend two months in jail if he violates his probation.

Further NFL Punishment?

The NFL has already suspended Gordon for the first 10 games of the season for a second failed drug test, and it’s possible that the league could impose an additional suspension. Gordon was originally suspended for the entire season, but he had his suspension reduced after the league and the NFL Players Association came to terms on a new drug policy that, without getting too into the details, lessens penalties for recreational or “party” drugs while taking a stronger stance on violent behavior and Human Growth Hormone testing.

The new policy would tack on an additional two games to Gordon’s suspension, but the deal has yet to be officially finalized, so it’s possible that his suspension will remain unchanged.

An NFL spokesperson declined to discuss further punishments for Gordon, saying, “We’ll decline to comment as we work through the revisions to the drug policy.”

Attorney Geoff Saltzstein, a lifelong Cleveland Browns fan, said he doesn’t believe Gordon will receive an additional suspension for his DWI.

“I think the league took into account all of Gordon’s off field issues when they reduced his suspension to 10 games,” Saltzstein said. “Some believed Gordon would have his suspension cut in half to eight games, so the reduction to 10 likely means the NFL took note of Gordon’s recent off field antics. I think his suspension will remain at 10 games.”

Related source: ESPN

Police Body Cameras

Minneapolis Approves Police Body Camera Program 

Minneapolis officials have taken the next step in equipping the city’s police force with body cameras after they approved a $170,000 pilot program to set 36 officers up with the surveillance equipment.

The Minneapolis City Council Committee approved the plan on Monday, and the council is set to finalize the pilot program’s plans by the end of the week. The council plans to evaluate the success of the program at six- and nine-month intervals to determine if the city should continue with the program or make strategic changes.

The city believes the program will be a success, and they have already begun taking measures to budget for additional body cameras. Minneapolis will provide an additional $1.1 million to the program in the fall of 2015.

The city will equip officers with two types of cameras to determine which capture the best picture and are less of a hindrance to the officer. One type of camera will attach to the front of an officer’s uniform, while the other camera will be clipped onto eyeglasses. The city will test out both methods during the pilot program.

Officers in Duluth and Burnsville are already using body cameras, and although statistics aren’t yet available, if it’s going anything like the program in Rialto, California, citizen complaints are likely down.

Avery Appelman comments

This is a step in the right direction for justice. Cameras mean that both officers and citizens will be held accountable for their actions by an unbiased third party. These cameras will clear up any question as to what events transpired.

I have little doubt that the pilot program will be successful in reducing complaints against officers and excessive force suits, as both parties will be on their best behavior. 10 years from now I think police body cameras will be the norm.

Related source: Pioneer Press

 

Adrian Peterson Child Abuse

Adrian Peterson Reinstated After Child Abuse Charges

Vikings running back Adrian Peterson is expected to be back on the field Sunday when Minnesota takes on New Orleans after being reinstated by the team. Peterson was held out of this week’s game after he was indicted by a grand jury in Texas on charges of reckless or negligent injury to a child.

The decision to reinstate Peterson is making waves among the talking heads at ESPN and other sports media outlets, and the Vikings owners made it clear that they understand the severity of the charges but they also want to let due process run its course.

“Today’s decision was made after significant thought, discussion and consideration. As evidenced by our decision to deactivate Adrian from yesterday’s game, this is clearly a very important issue,” owners Zygi Wilf and Mark Wilf said in a statement. “To be clear, we take very seriously any matter that involves the welfare of a child. At this time, however, we believe this is a matter of due process and we should allow the legal system to proceed so we can come to the most effective conclusions and then determine the appropriate course of action.”

Child Abuse Charges

The public first learned of the child abuse charges Friday afternoon, and the Vikings quickly made the decision to deactivate Peterson for the Sunday’s home opener. According to a statement from his attorney Rusty Hardin, the charges stem from an incident where Peterson used “a switch to spank his son.” For those of you unfamiliar with the term, a switch is basically a small twig or tree branch.

“Parents are entitled to discipline their children as they see fit, except when that discipline exceeds what the community would say is reasonable,” Hardin said about the incident. According to the grand jury, Peterson’s actions exceeded a reasonable standard.

Peterson will make his first appearance on Wednesday, where he is expected to enter a plea. Peterson will appear in court over the next several weeks, but many involved in the case believe it will be a few months before the case goes to trial.

Child Abuse Penalties

Peterson was officially charged with one count of injury to a child and could be sentenced to up to two years in jail and a fine of up to $10,000. He could also be placed on probation and be forced to attend counseling.

In addition to penalties levied by the state of Texas, Peterson could face additional discipline from the NFL. The league recently announced a new domestic violence policy that includes any physical harm, so it’s certainly possible that Peterson would be subject to penalties. Under the new policy, a first time offender would receive a six game suspension and a second violation would result in a lifetime ban.

Related source: ESPN

Twin Towers

9/11 – 13 Years Later

For some, September 11th, 2001 seems like decades ago. For others, it still seems like yesterday.

13 years ago our country was rocked by a national tragedy. More than 3,000 Americans lost their lives  in the Trade Center attacks, at the Pentagon, and in a field in Shanksville, Pennsylvania. September 11 also took a toll on our bravest, as it stands as the deadliest incident for firefighters and law enforcement officials in the history of the United States.

In the wake of the tragedy, Americans rallied together to stand as one. We did what we always do – We persevered. Those we lost that day will never be forgotten, and their loss led to sweeping changes in the way the United States protects its citizens from domestic attacks. Airports added advanced security measures, baseball and football stadiums added metal detectors and reduced what could be brought into games, and the US revamped its efforts to prevent and identify terrorist activities before they occurred.

So today, in honor of those we lost and all those affected by the events of September 11, we ask you to take some time out of your day and think back to that day 13 years ago. Think about where you were, how you felt, and what you did in the following days.

The below video will take you back to that day. As you can probably guess, some of the footage may not be suitable for all ages, but we think it’s worth sharing on the anniversary of 9/11.

 

 

Thank you to all those who gave their lives on that day. We will never forget.

Roger Goodell

NFL Implements New Domestic Violence Protocol

The National Football League has decided to implement stronger penalties for domestic violence offenders in the wake of public outcry over the two-game suspension handed down to Baltimore Ravens running back Ray Rice.

In a memo to all 32 teams, commissioner Roger Goodell stated that he “didn’t get it right” in reference to the decision to suspend Ray Rice for a mere two games. Anyone who saw the video of Rice dragging his wife’s unconscious body out of the casino elevator probably feels the same way.

“At times…despite our best efforts, we fall short of our goals,” Goodell wrote in the memo. “We clearly did so in response to a recent incident of domestic violence. … My disciplinary decision led the public to question our sincerity, our commitment, and whether we understood the toll that domestic violence inflicts on so many families. I take responsibility both for the decision and for ensuring that our actions in the future properly reflect our values.”

New Policy

The new personal conduct policy on domestic violence reads as follows:

  • The policy applies to all incidents of physical force, not just domestic violence.
  • A player would be subject to a six-game suspension for a first offense, and that suspension could be longer according to the circumstances.
  • A player would receive a lifetime ban for a second incident, although they could apply for reinstatement after one year.
  • The policy applies to all NFL personnel, not just players.
  • The policy is not retroactive. Everyone comes in with a clean slate.
  • Counseling is available for all parties, and the NFL will seek out “at-risk” individuals to offer pre-incident counseling. The player can refuse, but his refusal could affect future discipline.

The league also made it clear that the policy only applies after a court decision, not simply by arrest. Should a player be found guilty or enter a plea agreement, the NFL would make a decision as to whether or not the person violated the new policy.

Roger Goodell also noted that although individuals will enter the NFL with a proverbial “clean slate,” if they had a previous incident in high school or college, they could be subjected to harsher first-offense penalties should they have another incident. He said he wants this to be a top-down change in behavior.

“We will expand the educational components in our college, high school and youth football programs that address domestic violence and sexual assault,” Goodell concluded.

Related source: ESPN

Summer Crime rates

Warm Weather Brings Uptick in Violence

Researchers analyzing crime trends in the United States found that violent crimes such as assault, domestic violence and rape occur at a much higher rate when the weather is warm.

In their report titled “Seasonal Patterns in Criminal Victimization Trends,” researchers examined patterns in violent and property crime over the course of 18 years. They found that although the overall rate of crime has decreased since 1993, annual crime tends to spike during the summer months.

“Good weather means people are out and about. It also means there are more opportunities for crimes,” said one police chief. “During cold weather, people tend to stay inside.”

According to the data, winter rates of rape or sexual assault were about nine percent lower than the summer, while crimes rates dipped about 10 percent during the Fall.

Why The Spike?

There are a number of reasons crime spikes in the warm summer months. Avery Appelman explains below.

Temperature – As alluded to above, the warm weather means more people are outside. The days are also longer. When you have more people outside in parks, bars or at the beach, you’re bound to have more interactions, some of which could be physical.

Alcohol – This one goes hand in hand with the temperature. The warm weather lends itself to barbecues, trips to the beach and late nights on a bar’s outdoor patio. Alcohol can escalate a situation and make it harder for a person to think rationally. It’s no surprise as a DUI law firm that our busiest weekends of the year are Memorial Day, July 4th and Labor Day, as these three-day weekends are often rung in with spirits.

School is Out – I’d be interested in seeing how juvenile crimes fluctuate during the summer, but it makes sense that certain property crimes like vandalism or trespassing would spike in the summer when children aren’t required to be in school. If children aren’t kept busy during the summer, their boredom may lead them to commit risky or criminal activities.

Car Impounded

Minnesota Extends Fourth Amendment Rights to Civil Cases

The Minnesota Supreme Court has expanded search and seizure protections in civil cases after authorities went beyond their legal rights while collecting evidence to create their case.

The Minnesota Supreme Court ruled in favor of the citizen in two separate cases that limit when a cop can legally search seized property. In the first case, Daniel Garcia-Mendoza was stopped for driving 63 mph in a 60 mph zone. The officer asked Garcia-Mendoza for his vehicle registration and found the car was registered to Ricardo Cervantes-Perez, an alias of Garcia-Mendoza. Daniel procured a Mexican ID showing the alias, but he didn’t have a valid license.

The officer decided to have the vehicle towed because he believed it was creating a traffic hazard. Prior to towing the vehicle, the officer searched the vehicle and found a small amount of methamphetamine. Garcia-Mendoza was arrested, and authorities also seized $611 he was carrying with him at the time.

Garcia-Mendoza filed a claim to regain possession of his car and cash. While he was waiting for the court to process his request, he pleaded guilty to a federal crime of distributing a controlled substance from a 2011 charge. As part of that agreement, he agreed to forfeit all property used to commit the crime.

When it came his turn to challenge the seizure of his car and cash from the latest incident, a District Court judge ruled the stop unconstitutional, but said the forfeiture would remain because of his previous agreement from his guilty plea. His attorney challenged the ruling in Appeals Court, citing the exclusionary rule, but the Appeals Court sided with the District Court.

Garcia-Mendoza’s attorney filed one last appeal with the Minnesota Supreme Court, arguing because the stop was illegal, police should not have been legally able to seize the property. In a monumental decision, the Minnesota Supreme Court sided with the little guy, ruling that the exclusionary rule – a law that states illegally obtained evidence is inadmissible in a criminal trial – must also extend to civil cases.

Second Case

Another local case extended 4th Amendment protections in regards to searched vehicles that were improperly impounded.

In this case, a Blaine police officer stopped Erica Rohde for a turn signal violation. A subsequent check revealed Rohde was operating the vehicle without a valid license or registration.

When she initially saw the police lights in her rearview mirror, Rohde pulled over to a residential side street.  She stopped along the curb in a valid parking spot, but authorities decided to impound her vehicle anyways. Once at the impound lot, police searched the vehicle and found two small bags of meth and two glass pipes.

Rohde challenged the evidence collection, agreeing that although her stop had been legal, the subsequent search was unconstitutional because authorities were not within their right to impound the car. The Minnesota Supreme Court sided with Rohde, noting that her parked vehicle posed no safety threat to other drivers. They sent the case back to Anoka County District Court with the recommendation the evidence be suppressed.

Avery Appelman comments

These are both great rulings for citizens and for our Fourth Amendment protections. In the end, the Minnesota Supreme Court is basically saying, “The ends do not always justify the means.” Even though the officers found drugs in the vehicle, they did not follow individual protections guaranteed by our forefathers in the constitution.

Everyone else has to follow rules at their job. Cops must do the same. In the end, this ruling will make officers better at their job, which everyone will benefit from. I applaud the Minnesota Supreme Court for upholding citizen protections.

Related source: Star-Tribune

Minnesota State Fair

Crime at the Minnesota State Fair

The state fair opens today, and although the weather isn’t the greatest you can bet thousands of Minnesotans will head off to the Great Minnesota Get-Together after work. A state fair isn’t typically a place for criminal activity, but incidents certainly do occur.

Two years ago, two men were stabbed during a fight that broke out at the Minnesota State Fair, and there have been plenty of incidents at the Wisconsin State Fair over the past few years. Below, we share some ways to have fun and stay safe at the state fair.

Alcohol Intake – There are hundreds of different beers to choose from at the state fair this year, including Mini-Donut Beer, but you’ll want to avoid overindulging. Even if you have a safe ride home, being drunk and surrounded by thousands of people can be a recipe for disaster. Alcohol can turn a misunderstanding into a fistfight, so drink responsibly.

Safe Ride Home – If you sample enough brews to elevate your BAC above the legal limit, you’ll want to make sure you give your keys to a friend. Plan ahead so you know you have a sober driver before you get to the fair. Between cabs and free shuttles, there’s no reason why anyone should get a DUI after the state fair.

Eat Some Cookies – Simply put, it should be a crime to visit the state fair and not have at least one cookie from Sweet Martha’s Cookies. Grab a bucket and head over to the All You Can Drink Milk Stand to experience true bliss.

Lock Your Car Doors – To most people, locking their car doors is second nature, but make sure your doors are locked and windows rolled up before heading into the fair. If you traveled from outside the metro area and used a GPS to get there, store the unit in your glove box while you’re at the fair. The vast majority of the time nothing would happen if you left your doors unlocked, but a lot of thefts happen because of opportunity, not out of necessity. Maybe the thief has no real use for a GPS, but if you left it on your dashboard with the windows rolled halfway down to cool off your car, you’re basically inviting him to take it.

Avoid Certain Carnival Games – You know the game where you have to lob a softball into a tilted plastic bucket and keep it from falling out? This one? It’s rigged. Don’t play it. (Just kidding. We may just be bitter about our inability to win at this one.)

Most importantly, have fun at the Great Minnesota Get-Together this year!