Man on the Street: Identity theft

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Can you get fired for smoking — at home?

One fall day in 2006, Scott Rodrigues arrived for work at the Massachusetts lawn and garden company that had hired him several weeks earlier, only to hear bad news. The results of a drug test required for employment showed that Rodrigues, 30, had ingested a substance expressly forbidden by company policy: nicotine. Rodrigues knew of the company’s anti-smoking policy, but argued that he never... More

Take a ride on the wild side - is the MTA safe?

By Melody Simmons It’s one of Baltimore’s distinctive street sounds: Brakes squeaking as they slow a bus to a gentle, hissing stop. The doors open, and a robotic voice bids welcome aboard. Such is the corner routine as a fleet of Mass Transit Administration buses roll daily along routes in the metro area. But a spate of high-profile attacks on MTA buses has focused attention on transit safety. The Dec. 4 beating of 26-year-old Sarah Kreager by middle school students that began aboard an MTA bus... More

SARs - sharp tip of feds’ investigative spear

The recent demise of Eliot Spitzer as governor of New York has focused attention not only on his pricey vices but also on a little-known or -understood regulation of the Bank Secrecy Act requiring banks to file SARs — short for Suspicious Activity Reports. The SAR is one of the primary tools federal law enforcement agencies use to help uncover suspicious movements of money and money laundering. Agents from a small army of federal agencies pore over them regularly, looking for the one hot lead that... More

Take a tip from “The Wire” writers: Jurors should stand against ‘drug war’

The concept of jury nullification on these shores predates the founding of the American republic. In fact, the tradition of a free press in this country might not exist today had it not been for a courageous group of men (yes, juries were all male in those days) who stood up to unjust British law and the tyranny of the crown and refused to convict a fearless newspaper publisher of libel. That publisher was John Peter Zenger and the year was 1735. A group of New York lawyers had come to Zenger and... More

A bank’s report could put the FBI on your trail

By Kathleen Johnston Jarboe The high-priced hooker didn’t turn in former New York governor Eliot Spitzer. Neither did his wife nor the state employees who worked under him. Instead, an obscure banking report filed in a Detroit database connected him with the prostitution ring that led to his resignation in March. Spitzer’s story might seem distant to you. But you might have more in common with him than you think, because you, too, could be the subject of an electronic file tucked away in that... More

Traffic stops: When may an officer search a vehicle?

An officer may search a vehicle under the following circumstances: (1) If the officer has a search warrant, he or she may search anywhere in the vehicle that it is reasonable to find evidence or instrumentalities of a crime that are named in the warrant. (2) If the officer does not have a search warrant but has probable cause to believe that fruits, evidence, or instrumentalities of a crime are in the vehicle, the officer may search anywhere in it that it is reasonable to find those items. (3) If... More

Traffic stops: When may an officer stop a motorist?

An officer may stop a motorist if the officer has reasonable suspicion, based on an articulable set of facts, that the driver or a passenger has committed a felony in the past or is committing a felony or misdemeanor or violating a traffic law or has a safety infraction. How should a motorist respond when an officer signals for him or her to stop? Upon a show of authority by the police, i.e., flashing lights, siren, hand signals, the motorist should pull to the side of the road as soon as it is safe... More

Foreclosures: Is it too late to prevent the sale of my property?

Maybe not. If you have not spoken with your lender, do so immediately. Find out the details of the default, which the lender believes you have committed, and what you can do to remedy this. If you think your lender has made a mistake and that there is no default under the loan, bring this to the lender’s attention as soon as possible. You have the right to go before the court to prove that you did not default. Seek professional assistance to prove this. Generally, the only legal basis upon which... More

What if my property is to be foreclosed?

If a default under the terms of a mortgage or deed of trust occurs, the lender may initiate a foreclosure case with the Circuit Court in the county in which the property is located. The lender is not required to send a copy of the court papers to the property owner. By this time, however, you as the borrower and property owner should have received adequate notice from the lender... More

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