#actually org- [gunshots]

[xiaoluclair]

sorry but max and charles, dark and light, yin and yang, midnight blue and angel white, tied together by the red thread of fate

[alatariel-galadriel]

Correcting the 3 Main HIPAA Misconceptions

(aka I have HIPAA tattooed under my eyelids and I want to make it everyone else’s problem)

The act protecting your health information is HIPAA, not HIPPA. The “Health Information Privacy and Protection Act” flat-out does not exist. (What you’re thinking of is the Health Insurance Portability and Accountability Act, which does a bunch of stuff regarding insurance on top of protecting your health information. I know it’s pedantic, but this is the most useful thing to see if someone has actually knows what they’re talking about.)

HIPAA protects you from healthcare organizations sharing your information without your consent. Someone asking you to share your own (or someone else’s) health information is rude, but not a HIPAA violation (unless you gained that info during your employment at a healthcare org, but if that’s the case, you already know this. )

There are a lot of exceptions to HIPAA--you health information can be shared your consent in many scenarios. I’ve made a detailed list below the cut, but to correct the biggest misconception: yes, in some scenarios, your health provider may be required to share your information with law enforcement. This is typically mandatory reporting (think child abuse, gunshot wounds, or domestic violence), but your information can also be subpoenaed by a judge or requested by law enforcement.

Here is the government’s webpage breaking down the HIPAA Privacy Rule if you want to know more! I personally think its neat, but that is not everyone’s opinion. Regardless, it’s good information to have at family gatherings when someone starts going off on vaccination requirements.

Detailed breakdown of HIPAA exceptions under the cut:

TPO: This stands for Treatment, Payment and Operations, because if your health info was on complete lockdown, no healthcare entity could function. Employees can access/share your info when the info is necessary for them to...

Provide treatment (ie: your nurse can share your info with your doctor)

 Receive payment (ie: giving info to your insurance company)

Maintain operations (ie: health data/medical records staff. This is me--as a health systems analyst, I can’t do my job without access to the data within the system)

Public Interest: ie: when required by law/governmental function. This includes:

Mandatory reporting (think abuse, neglect, domestic violence, gunshot wounds)

Health oversight activities. These are the organizations who evaluate and investigate whether a facility meets safety/performance regulations and standards. Trust me, you want your info shared with them

 Law Enforcement. I’m going to be really specific here, because there’s been a lot of (justifiable) concern post-Roe v Wade. Your info can be shared if it is is…

Subpoenaed, court ordered, or court-ordered warrant by a court, judge, or administrative tribunal

 Requested by law enforcement to id a suspect, fugitive, witness, or missing person

 Requested by law enforcement for info about a victim/suspected victim of crime

 To alert law enforcement of a person’s death if the organization believes a crime has occurred

If the healthcare organization believes the information is evidence of a crime that occurred on its premises.

In emergency situations, providers can share information about the nature of a crime, the location of crime/victims, and the perpetrator of the crime.

Decedents: Funeral directors, coroners, and medical examiners all need your info to do their jobs, Being deceased, you can’t give your authorization, so an healthcare org sharing your info with them is not a HIPAA violation

Organ/Eye/Tissue donation: pretty self explanatory. Some of your information as a donor might be shared to ensure a healthy transplant  

Research (limited data sets): This one tends to freak people out at first glance, but it’s not sharing your full information. Limited data sets remove any information that could identify/be traced back to you (name, address, etc), but keep details regarding your condition/treatment(s). These can be used to supplement research data sets without your authorization.

Serious threats to health/safety. If a serious, specific threat is made against a person or the public, this can be shared with law enforcement and the person who the threat is made against. There’s a lot of grey area here in what counts as a specific threat, and this can get complicated quickly, but if someone tells a medical professional that they are planning on harming you, you will be notified alongside law enforcement. Likewise for a bomb or other public threat.

Essential government functions. If you are in prison or other correctional facility, you are not protected by HIPAA. Some government benefit programs will require the disclosure of health information. (It also includes national security and military missions).

Worker’s compensation. Healthcare orgs have to share parts of your information for you to receive worker’s comp

I hope this cleared some things up!

[sleepless-in-southlands]

I would be very very interested in learning more about the lore of your recent fic... I love crime/mob boss aus so so much

:D you are SO valid i am happy to offer my words

under a cut bc they Do get kinda violent/dark so be forewarned

to start with the Big stuff imma talk about scar + mumbo's respective scars

ik i didnt say it specifically, but when bdubs tells scar to be careful and he grabs his neck, he's grabbing at a scar (ha)

he got this from his first right hand man! bdubs is the second who got his position after helping save scar's life when the first guy attempted to kill him and take over Glass Empire

scar also has a few smaller face/shoulder/arms scars from the encounter, but the neck one is the biggest and the one that nearly killed him

bc of this, scar has an inverse relationship with trust! the more he trusts someone, the more he expects them to betray him. this does create relationship problems later but it's ok they'll figure it out <3

a lot of mumbo's scars actually come from him being a bit clumsy, tho ofc mr South mob boss will never admit this

most of the gunshot scars come from him takin hits for grian, tho some are jus his

the big ones, over his heart and around his side, come from the same event!

see mumbo used to be a mob boss in a different town (imma come up with names for the org/town/etc later) that was somehow worse than Heremita

it was worse bc every group had their own specific Thing they did to show that a certain kill was smth they had done- Heremita uses symbols

one of the groups 'thing' was cutting the heart out, sometimes keepin/displayin it in their main office if it was a significant murder

mumbo had met with that group's head in what was supposed to be a no-weapons discussion dinner, but the other guy drugged mumbo's drink and was pretty far into gettin his heart when mumbo managed to wake up enough to flee

he got the side cut in the scuffle that ensued when he got up and ran

that event is actually what led mumbo and grian to strike out in a new town, bc a move like that indicated their group was rapidly losin respect, and more bold attacks would follow. they set up at night in Heremita to establish themselves Big and fast

this is also why mumbo didnt take the painkillers from scar- he only accepts food/drink that grian gives him (he mostly jus makes his own) and anythin med related is usually a plain-out No

now to make things fair i will also talk about Grian's scars

grian also has a fair few gunshot wounds, most taken for mumbo, but not as many as mumbo. this is due to a mix of mumbo havin been at a higher position longer, and grian being better at dodging

however grian also has, going down both arms from shoulder to just above the wrist, a little more than a dozen (each arm) near-circle cuts around the arm that are straight-edged and evenly spaced

remember how i mentioned old town had Styles? yeah

grian didnt start out as mumbo's right-hand; he used to be a regular lackey who mumbo ended up takin a shine to and talkin with a lot

enemies thought he'd be a good target to kidnap and get info from, bc he was close to mumbo, but not high enough on the command chain to be noticed missin very soon

the lines are from torture- after each line, they ask if the victim wants to crack, and they cut again if the answer's no. the mix of prolonged pain and bloodloss is usually effective

grian Refused to break however, and was about to die for it, when mumbo, who did notice his absence right away, burst into the room with absolutely Zero back-up and beat the living shit out of everyone there

hazy from pain/bloodloss, grian watching mumbo commit what was probably several war crimes only to then very gently ask if grian was ok was a religious experience

if grian had it his way their first kiss wouldve been Right Then but mumbo thought he was just acting out of delirium and misplaced need to 'repay' mumbo- it took several days of recovery and grian proving he was lucid for them to get anywhere

altho grian isnt ashamed of his scars (bc he didnt break), in old town, they were usually pretty shameful- the only people who had those scars and lived were those who betrayed their organizations- so he usually keeps them covered

so yeah scar histories <3 cant be a mob-er without 'em amiright

tumblr told me there's a character limit for text blocks, which ig bullet points count as, so here's a break in the block

ok on to smaller details referenced but not fully explained in the text:

heremita Does follow the s7 mayor race in the sense that it has five major mobs- the South, Glass Empire, the Armory (false's), stress's, and doc's- and those bosses are all runnin for mayor

also similar to s7, false's method of trying to get votes is striking down members of opposing gangs to convince the people only the Armory can offer them satisfactory protection

this sometimes involves kidnapping members and then staging a fight-kill at the scene where false wants to plant her poster, again a la s7

scar's cane is not entirely for decorative/dangerous use! he does actually need it to walk long distances/for long amounts of time, due to various leg and lower back injuries he's sustained over the course of his time as Glass Empire's head

grian might technically be mumbo's right-hand, but you'd be hard pressed to find anyone in heremita who doesnt see him as a secondary head of the South. he goes with mumbo to all business meetings, and mumbo rarely says no to his ideas or suggestions for the org

most of the mobs have separate abandoned warehouses they do their tortuin/killin in. the End Crystal has one directly in it bc the South is Like That

not really lore, but all last names were picked in my attempt at fitting them with their minecraft names- Chronos is the personification of time, Eris the goddess of discord/chaos. since grian doesnt have anythin else to his minecraft name, Penemue is a 'watcher' angel and, in enochian lore, the scribe of god

and there is a lot of the lore!! not all of it, and not all of it is fleshed out, since i hadnt really been plannin on makin this much more than a one shot, but,,,,,, we'll see. i already have some good ideas if i were to do a sequel so ya never know ya never know

[we-have-bangtan]

BCO (Bulletproof Crime Org.)

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Pairing: OT7 x Reader

Theme: Mafia au, poly au, smut, gore

Warning: Swearing, smut, gore, Hobi and Jimin smooch.

VERY UN-EDITED

SO SO SO LONG

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Chapter 1 || chapter 2 ||

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She was tempted to smash the window with the tennis ball she had been given in order to stay entertained. She hadn’t realized how boring house arrest was in all these years, she vowed to never let any of her victims go through this.

               She stood up, going to look out the window again, gang members littered the lawn, 2 to the right, 3 towards the corner of the building and 2 more directly across from the window. She’d have a tough time running away, not that she had any plan to do that.

  She felt like Rapunzel in Mother Gothel’s castle, just that here she had 7 mother Gothels. She considered throwing the ball as hard as she could at the two men, one with pink hair and the other with black hair, to the right of the window; just to practice her aim. She decided against it, picking up an apple from the fruit basket Taehyung had delivered to her this morning, preferring to chuck an apple at them instead. 

    She leaned out of the window, aiming with one eye closed and threw it with all her might, the apple she had thrown meeting the head of the one with pink hair, “Heyyyy” the boy yelped in shock, looking all around to look for where the apple came from, he didn’t notice her in the window right behind him.

   The boy with black  hair seemed to convince the guy that he was imagining stuff. The two of them went back to their conversation as Yn smirked to herself, finally some entertainment, she thought as she grabbed the smaller basket on grapes, tossing one of them at the pink haired one again before quickly moving away from the window just as someone knocked on the door. 

   “Come in” she yelled, hurriedly moving away from the window as Jungkook peeked into the room before entering, “Supp” he asked, looking around her room, it was nice, comfortable and bright, it had a very comfortable bed and an arm chair that was a little squeaky, “Same ol’, bored, how long will I be under house arrest?” she asked making the youngest of the boys raise an eyebrow at her.

   “You’ll be under house arrest till your injuries have healed, and the fuck you mean bored, I could literally see you throwing fruits at Yeonjun” he said, calling her out on her bullshit, “yah, what am I supposed to do when I’m bored” she defended, Jungkook walked over to the window as he spoke, “I didn’t say you had to stop, I actually came to join you” he admitted, his eyes fixed on the black haired fellow.

      She quietly dragged a chair towards the window, taking the fruit basket with her as well, handing Jungkook an orange before taking a grape for herself. Jungkook aimed at the dude’s head with all the concentration that he had before throwing the fruit which met with the poor boy’s forehead. 

   “Aish, you blew my cover” Yn huffed as the guy looked up at them. “Ah, don’t worry about it, I can entertain you instead” he assured as he saw Soobin take Yeonjun away from the window to a place out of their range. 

     Soobin would have given anyone else a piece of his mind if they had done that to him but now that it was Jungkook and the boss lady, he would lose his life if he even looked at them wrongly. He’d complain about it to Jin hyung later he decided before going back to his conversation with Yeonjun.

    Jungkook fell back on Yn’s bed as she too moved away from the window to join him, making sure not to put any pressure on her injuries. “I need clothes of my own don’t you think?” she said, looking down at the clothes one of the girls in the compound had lent her, they were nice but not exactly her style.

      “Why, are the ones you have now not enough?” he question taking a moment to look over the shorts and t-shirt she was wearing, “It’s not they aren’t enough, it’s just that they aren’t my style” she admitted as she toyed with the hem of her sleeve. 

  She and Jungkook had come to a mutually understand each other in the past three days. He’d come to the room to check up on her and somehow managed to stay back to entertain her for a while before he’d have to go again. He was a few months older than her and was constantly bugging her about it, he’d whine and groan when ever she didn’t use any honorifics but he had come to the understanding that she was not going to use honorifics with him or anyone in the group.

He was comforting and entertaining and a dumbass at times, but he was nice, he wasn’t the 7th leader of Bulletproof crime org, the biggest criminal organisation in Korea. He was Jungkook, a goofy 24 year old with an addiction to banana milk.

      “We’ll see, I’ll as Namjoon hyung if we can go to the mall, do you have money?” he asked as he got up from his spot to strecth his body a little. “Ayaaa, my card is at the compound back home, I need to sneak in to get it” she huffed, already devicing an action plan on how she would get it back. 

              “You can just open another account you know, no need to go back home, how much was in it anyway?” he asked, worried for her safety although he knew she could handle herself.

        She really didn’t have to risk her life to get a dumb credit card, plus, cash was better than car, it didn’t leave tracks anywhere. Jungkook looked at the pretty girl in front of him, she looked like she was contemplating whether to go or not. He didn’t want her to go, honestly. It was a waste, what if she got caught by her old gang, they’d behead her themselves. “20 million won, and I need to end them anyway, might as well get some work done when I go to get my card” she answered leaving Jungkook’s jaw hanging.

    “20 MILLION WON??????” he exclaimed, “does the bank not get suspicious? how did you even get that much money?” he questioned, eyes wide with concern for the 23 year old. “It’s a bank run by a close friend who will be relieved if I show up there, but I cna’t go to the bank yet, I’m wanted” she explained, popping a grape in her mouth before continuing, “And i get money the same way you do, through deals and private missions” she answered. 

 “Do you have private clients?” he asked, he had never been a private assaissin nor had he ever met anyone who was a private assassin, he was curious about it. “Yeah, most of them are politicians or other gang leaders” she answered, “anyway when is the earliest that I can get out of here?” she questioned, successfully diverting the topic. 

  “Probably in a few days” he answered, being vague on purpose. “Be more specific” she demanded making him chuckle, “Aish, so demanding” he teased, before continuing, “The day after tomorrow, if all your injuries heal properly” he finished, heading to the door, 

   “ Ynnnn holding Jungkook us again I see” Hobi playfully scolded as he brought a bag of snacks to the table, giving her a bag of shrimp crackers that she had asked for when he had told her that he was going to town for business and asked if she needed anything. “Thank you!” she said, grabbing the packet before ripping it apart, “Aish, I didn’t know you liked them that much or I would have bought more” Hobi said watching as the young assassin devoured the crackers two at a time. “You guys literally gave me fruits, which sane person would have fruit as a snack” she accused as Jungkook left the room quietly so he didn’t have the patience for her whining right now.

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                      2 DAYS LATER

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“I’m free, I’m free, I’m free” Yn yelled as she went into Namjoon’s office, Namjoon just groaned at how noisy she was before asking her to take a seat. “Do you have somewhere to be immediately?” he asked her as the rest of the boys filed in to join the discussion. 

       “No where important, but I need to get my money” she answered, Namjoon nodded, Jungkook had told him about it earlier. “Will you do that before or after your test? and when do you want to take your test?” he asked making her look at him with a raised eyebrow, “can I finish the test now and I can leave for a short while to get my shit done before I come back” she asked, he nodded.

       A gunshot echoed through the compund as Yn moved out of the way, Jimin had fired a wax bullet at her, it wasn’t meant to hit her. Just to warn her. She quickly climbed onto the chair as Namjoon yelled the rules, she could run anywhere in the mansion at the count of three, but the moment she was hit with the bullet she was out, 30 men were out there to catch her, she had an hour and if she passed the test she was eligible to join the gang.

 It was basically a game of tag except that it was 1 against 30 and she didn’t have any weapons either, “Do I get a gun too?” she asked, scanning the room frantically for a way out. “Sure, if you want but it will have only 5 bullets, anyone who gets hit cannot hunt you anymore” Namjoon said, laying out the conditions out for her, she nodded and was quickly tossed a revolver, she checked her ammo before tucking the gun away in her waist band. “Do I get to hurt anyone?” she asked again, gaining a nod from Namjoon.

          She held her breath, hearing multiple guns being loaded, which way to go? should she make for the door? no. Taehyung was guarding it, what about the table? no again, Namjoon was staring at her with a revolver in hand, casually spinning it like it was a toy. She never thought a man with a revolver, ready to shoot her would look that sexyy.

She looked left and right, Jungkook and Yoongi were on one side waiting for Namjoon’s count and it was the same case for Jimin and Jin. “1!” Namjoon hollered as she looked all around the room, she should be prepared, “2!” he counted as her eyes landed on the window, her mouth curved into a smirk, she found her escape. 

  “3!” Namjoon yelled as she leaped out off the chair as high as she could, landing directly in front of the window before jumping over, “GET HER!!!!!!!” Hobi yelled as he barged out of the office chasing after her. 

    Yn’s thigh stung as she landed in the floor below the office, it looked like a sort of library with rows and rows of floor to ceiling shelves full of books, she quickly jamp atop a shelf, laying herself flat aginst it as she dragged herself by her hands to the end of the row noticing Beomgyu not very far away from her. She silently crept down, using the shelves as a ladder to climb down from the top, she clenched her teeth when a few books fell from the shelf she was holding on to.

   Beomgyu turned around to see what the sound was, he looked down at the fallen books with confusion, ‘must have been the wind’ he thought with a shrug turning around when a sharp pain went through his head before blackness enveloped him.

    ‘Heh, weak boi” Yn thought as she rubbed her knuckles, despite how effective temple punches were, they were a bitch when it came to the pain to her knuckeles. Just as she was going to relax from this dumb game she heard Hobi’s voice outside. He was loudly talking to Jimin who was being just as loud. 

    She climed the shelves when she heard them some closer and almost lost her shit when she saw them enter the library, she didn’t want to hurt them or shoot them, yet. She peeped down at them watching as Hoseok went through the library never once looking up before he stop right under the shelf she was on. 

  “Yah, Hobi hyung, what do yout think of her?” Jimin asked as he leaned against the shelf, they didn’t seem to sense her presence in the room. “She’s nice, she’ll fit in well with us” Hobi admitted as he moved closer to him, pushing Jimin against the shelf, Yn almost popped an imaginary boner when she saw them roughly kiss each other. She wanted to look away, she really did, but she couldn’t tae her eyes away from the two of them.

     She made the mistake of trying to get more comfortable, caying the shelf to creak making the two lovers move away from each other, she quickly grabbed her gun, moving as silently as she could as Hobi and Jimin looked around to find her, “Ynnieee, I know your here” Hobi sang as he walked into the row a little away from her, “click, aim, shoot” she whispered to herself as her hands followed the actions watching with glee as Hobi yelped attracting Jimin’s attention.

    Yn quickly jumped out of the window again, climing up the water pipe to Namjoon’s office only to see Yoongi relaxing in Namjjon’s boss chair, a glass of bourbon in front of him, she hung by the window sill, trying her hardest not to be seen as but she felt someone grab onto her leg, pulling her down. She quickly kicked the hand off, looking down to see Jimin with a mischevious grin on his face,   

    “Yah, Jimin-ah let go!!” she yelled as she struggled to maintain her grip on the window sill, Yoongi heard her yell and grinned as he walked towards the window , he looked down at her with a sadistic grin on his face, he looked like Scar from the Lion ing for a moment there, with his hands on Yn’s, ready to push her off just like how Scar had done to Mufasa. 

   “Okayyy super villain, pull me up and I’ll give you like 2 million won” she bribed, kicking at JImin’s hands aggressively, “Make that 4 million and you have a deal” he countered, “how about 3 million instead?” she bargained, giving him an almost blinding grin when he pulled her up. 

   “You better keep that bargain up and don’t kill anyone” he said as he dusted his hands off before retaking his seat.”I swear I will! and I can’t promise that I won’t kill anyone” Yn yelled as she casually strolled out of the office only to come face to face with Taehyung, he gave her a naughty grin, “Gotcha” he said, grabbing her arm, she quickly jabbed at his neck and the unsuspecting fellow fell to the ground with a thud. 

  “I told you not to kill anyone” Yoongi said, peeking from a crack in the door. “He’s not dead” she assured as she made for the staircase, crawling up so no one can spot her. She checked the time in the fancy Rolex that she had stolen from an unconcious Tae, 30 minutes had passed, 30 more to go. 

  She snuck up the stairs when she saw Yeonjun on the other end of the sprawling corridor, quickly preparing her gun she set her aim, steadying her hand before she pulled the trigger, the gunshot was loud and echoed through the compund as the bullet hit Yeonjun in the side, he didn’t seem surprised infact, he tured towards her with a smirk before gesturing for her to look up.

       She tilted her neck to look above her to see seventeen men staring down at her, their guns aimed straight at her, she held her breath as she jamp down thw stairs right as they all fired their guns, she almost got hit more than once but she was quick enough to get out of the way before they could touch her.

  She huffed as she ran down the stairs, scolding herself for not hitting the gym as regularly as she could. She could feel how unfit she was, she was out of breath and panting, she was hungry from all the running around and she realized just how much of her stamina had gone down in the last few days.

   She huffed and cursed as she ran downstairs, but hurriedly crept away when she heard footsteps, she cursed to herself as she hid, holding her gun out incase she might need it. She took a deep breath, waiting for the person to pass her when pain shot through her arm, Jungkook stood next to her, his grip tight on her elbow causing her great pain. She quickly jabbed at his stomach making him let go of her before she grabbed his gun from his pocket, he seemed to be unprepared to catch her explaining why his gun was still in the hollister.

          She pointed her own gun at Jungkook’s head, a grin taking over her tired and sweaty face, Jungkook almost fell for her in that instand, seeing her hold a gun to his head, looking fucking gorgeous with at smile on her face. He steped closer, pressing his head against the nozzle of the gun, Yn instinctively took a step bac only for her back to hit the wall when a sudden yell made them junp away from each other. 

     “You’re supposed to shoot each other, not make out you know” Jin yelled looking down at them from the top of the stairs, he wasn’t gonna lie, he had felt thirsty when he had seen the two of them in that position. Yn pointed Jungkook’s gun at Seokjin and pulled the trigger only for Jin to duck away fromt he bullet, “Stay fucking still” Yn growled as she took aim again.

      Jungkook almost went feral at the sound Yn made. Her gun still pressed to his head. The next shot rang out, hitting Jin in the chest and Jin dramatically fell to the ground holding his heart, “What a damsel,” Yn scoffed as she kicked Jungkook away from her before shooting him with his own gun. 

   Jungkook wasn’t even offended that he had lost the game, he happily hopped up the stairs to join Jin hyung who was going to the kitchen to make a snack for himself, the bright orange stains on their clothes, a batch of both honor and shame.

  Yn looked around the mansion when she felt a tap on her shoulder, she turned around to see Soobin standing behind her with an unimpressed look on his face, “Supp” she said with a wave, “everyone is looking for you, Jimin hyung is convinced that you ran away”  he said, rushing her to Namjoon’s mansion. 

   The boys were quiet surprised to see Yn being shoved into the office, her face puffy and her hair sticking out in every way, thry thought she had ran away. “Where were you,we’ve been lookig for you everywhere” Namjoon said as Seokjin walked towards her to take the revolvers from her, tossing the purple one to Jungkook and tucking the other one in his own holister.

   “Taking a nap” she answered cheekily as Namjoon got behind his desk, “Did you hurt yourself anywhere?” he asked as he pulled out a box from one of the drawers, she shook her head, craning her neck to be able to see what was in the box.

   “Good, because you have a mission” Namjoon said, pulling out a sleek dagger from the box, its handle had a snake design, making it look like the snake was coiling itself around the handle, the sharp blade, glinting in the light. 

    “Yahh, so pretty” Yn said as she reached for the dagger only for Namjoon to pull it back, “not for you, I’m supposed to take a blood oath of loyalty” he said, as he took a hold of her wrist, “Don’t cut too deep” she said as he placed the blade on her thumb, he pushed down on it causing it to bleed before letting a few drop trickle down her thumb onto the paper with the oath written on it, right next to her name.

“Congratulations Yn, you are now a member of the Bulletproof crime organisation, I’ll give you a week to settle all matters outside the organisation.” Namjoon said, putting the paper away.

  “Can I still continue with my private assassinations?” she asked, sucking on her bleeding thumb, “Yes, on the condition that you give 10% of whatever you earn to the mafia and we have a say in which missions you accept” Yoongi said as he too got up to go have dinner. 

 “As long as you don’t push too much, we’re good.” she said, before following him to the dining room. 

    She needed to eat up, she had work to do tomorrow.

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A/n: Next chapter will be up whenever I find time to write. <3

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Taglist:

@thefreddieman

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[yourlocalauthor]

What Comes Around Goes Around

Chapter Three: Suprise!

Pairing: Topper x OC (eventually?)

Warnings for this chapter: Just some good old fashion cussing, and a slightly scary scene with an older male so take that with a grain of salt.

Word count: 2k

A/N: so excited to be back to writing! get ready for the next chapter it’s going to be exciting <3

Jo drove back home, pissed she didn’t have her lemonade, pissed that her feet and sandals were all sticky, pissed Topper was such a fucking idiot, just pissed at the entire world. Worst of all Jess and Elle went for a day trip on the mainland, and Jo had no one to complain to. She pulled into her driveway, aggressively, just wanting to go lie on her bed and scream. Her mind came to halt as she slammed on her breaks, her face looking like she had just seen a ghost. She had barely put her car into park, before rushing out of it with the engine still running.

“JJ?” She yelled running to the blonde boy who had stood from his position on her front steps. She engulfed him in a hug, tears swelling in her eyes. JJ winced a bit at the hug, but soon his arms wrapped around her, returning the hug, a little tighter than he meant to. The two stood there for a minute just silent. Soon enough the hug came to an end, once Jo realized she was also angry at him. She quickly let go, shoving him.

“Where the fuck have you been? And what the hell happened to your face.” She said now noticing some fresh cuts and bruising. She took his face in her hands examining it, as he started to speak.

“I went out of town for a few weeks, couch surfed with some people on the mainland, and-” He hissed in pain when Jo touched his cheekbone pulling his face away from her. “Jesus Jo!”

“Sorry! Get inside I’ll clean you up and then you’re telling me everything.”

“Yes ma’am” He said, giving her a salute before opening her door. Jo flipped him, before walking back to her car and turning it off.

-

-

-

“So, I was staying at this shady dudes place, and I think he was watching me sleep so I came back here and slept on some boats, until I accidentally overslept this morning and the cops came and took me to my dad. He was wasted when I got home, so wasted I guess he thought I was a intruder or something cause uh…” He made some punching motions, laughing awkwardly. Jo frowned as she closed up the medical box, and tossed the bloody cotton balls.

“That’s not funny,”

“It is a little,”

She shook her head, starting to bandage him up.

“Where are you staying now?”

“Not sure, probably couch surf some more and then figure it out from there.”

Jo frowned looking at him, she carefully held his face, examining his bruises.

“Absolutely not, you’re staying here. At least until we figure a more permanent solution. My mom wont mind, you just can’t fuck anyone on the couch.”

JJ looked at her trying to keep a straight face, but barely lasting a few seconds before smirking.

“You are a pain in my ass Jackson”

“Oh you love me” She said, rolling her eyes and shoving him again. He winced, reaching for his side. “Shit, I’m so sorry, I’ll get ya some ice.”

“Thanks.”

She walked over to her kitchen grabbing some ice and filling it in a baggie. “So, is there anything you need? Besides this.” She tossed it at him, before sitting down next to him.

“Actually, there is one thing. I left my backpack at my dads.”

“Oh that's fine let's go grab it right now,” Already popping up, and giving him a hand.

“Just one problem… I left it inside by the front door…”

-

-

-

“No it’s fine, I’ll grab it fast in and out”

“I cannot believe you are doing this for me, I owe you big”

The two sat in Jo’s truck, parked right outside the Maybank house watching. With a deep sigh placing a hand on JJ shoulder.

“If I die, make sure my mom doesn’t find my weed.” And with that she let go and exited the car.

The Maybank house wasn’t much different from when she last saw it. Maybe a few more dead plants but that was it. She didn’t come here often, this only being her seventh or eighth time visiting. Jo took a deep breath, as she stood in front of the screen door. Carefully placing a hand on the handle she pulled it as quietly as possible before stepping onto the porch. She stepped forward, being as quiet as possible when she went to open the front door. Creak The door made a loud creaking noise, as it opened causing the brunette to flinch. ‘Shit.’ She paused, holding her breath as she waited for something to happen. Thankfully nothing did.

She opened the door further peering inside. Her eyes instantly landed on her target, as she stepped inside the old home. She snagged the bag, and almost made it out of the house when. ChackChack.

“Don’t move.”

‘Fuck fuck fuck fuck, titty fucking shit mother fucker why the fuck did she even volunteer to do this.’

“I want you to turn around carefully, no sudden movements or I’ll shoot you dead. Ya hear me?”

Jo stayed silent not moving a muscle, fear polluting her body.

“I said did ya hear me?” He cocked his gun again, this time taking a step forward.

“Yes sir.” She said, turning around, now facing him.

“Ain't you that pretty girl JJ hangs with, what business do you have in this house?”

“Sir, your son just asked me to grab his bag, that's all.”

Luke let out a hearty chuckle, the sound filling the house with a haunting echo. “Is that so? Where is the fucker anyway? He too pussy to come in, he had to send in his bitch?”

Jo stood there, not sure what to do or say. This had to be the worst outcome possible from this situation, and it was just her luck she had to actually deal with it.

“Hey! Didn’t your mother teach you any fucking manners? When an adult asks you a question you answer, now where is he?”

“Sir I”

ChackChack

“I’d choose your next words very carefully missy.”

Ptooey

Before she even fully understood what she was doing, Jo spat right at his face and sprinted out the door. She heard him yelling after her, and gunshots firing at her feet, but she just kept running. She swung the car door open, throwing the bag at JJ who huffed in pain. She reversed out of the driveway as possible, and sped down the street. It was only when they were a few miles away did she pull off to the side to take a breather.

“Holy fucking shit.” JJ said, excitement filling his voice. “I have never seen you run that fast before, you came outta there like a cheetah or some shit. Woosh!” He said laughing, before opening his bag.

“Yeah, I know I was there.” She said, rolling her eyes, before relaxing in her seat. “I think my heart is about to explode.”

“The fuck you even do to piss him off?”

“Oh you mean besides breaking and entering into his house? I spat at him?”

“No fucking way,”

“Yes fucking way,”

“You are officially my new hero, we have to throw you a party.”

“What? JJ babes I really don’t need that.”

“Nope! Party in your honor, tonight!” He said nodding, with a determined smile.

“No way you can throw a part in under three hours.”

“Watch me Josephine,”

“Don’t call me that,”

“Josephine, Josephine, Josephi-”

“Do you want to walk home?”

“No ma’am,”

“The shut the fuck up,”

Jo, turned around starting her car up again, heading back home.

“I still don’t believe you’ll be able to do it.”

“Fuck you,”

“Love you,”

Soon the car went quiet, until JJ spoke up.

“So, uh have you heard anything from the Camerons?”

Jo shook her head, tapping her steering wheel.

“I heard they threw a funeral for Sarah, and I did see Rafe at a party a few days ago.”

“Wait what?”

“Jess and Elle managed to drag me to some Kook party and we ran into him, he was def tweaked out. But Topper managed to get us out in one piece.”

“Wait hold up, Topper?”

“Yeah he even offered to drive us home-”

“Well did he?”

“Did he what?”

“Drive you home!” The blonde said in an obvious tone.

“Yeah we were all too wasted-”

“I don’t bye it,”

“Ask Jess,”

“I plan on it.”

-

-

-

-

Okay genuinely Jo thought JJ was joking around about the party. There hadn’t been one at the boneyard in weeks, everyone on the cut mourning the loss of John B. But now it was 7:23 and Jess was helping her pick something out.

“I swear to god Jo, you are not leaving this house in a bikini top”

“Jess it’s just a boneyard party-”

“That you’ll be the guest of honor at!”

“Jess babes it’s really not that big of a deal, I just won’t have to pay for my booze.”

Jess rolled her eyes, muttering something incoherently, as she sifted through the closet.

“Aha! Found it, here wear this.”

She tossed the brunette, some white really frilly shirt, causing Jo to frown.

“Absolutely not, here I’ll wear this.”

She pulled out a neon pink bikini, with a pair of black shorts. Jess shook her head, starting to put away the stuff on the bed.

“You are impossible Jo,”

“I know,” She said, smiling before walking over to the bathroom to go change.

“Are we meeting Elle there?” Jess yelled, changing into a pair of denim shorts and a white button up.

“Yeah, she has to wait until her mom gets home though.” Jo said walking back into the room.

“I’ll have to admit, you do look good.”

“Course I do.”

-

-

-

-

The drive to the boneyard was weird, for some reason it just seemed like time was going as slow as possible. Not that Jo really cared, her expectations for the part were low. She wasn’t expecting many people to show up, let alone be in a cheery mood. She was actually shocked today, by how lively JJ was. She remembered how devastated he was before disappearing, barely able to crack a smile, and never laughed. But as she pulled up to the boneyard, all her expectations were blown away.

The beach was jam packed, she hadn’t seen this many people here in what felt forever. There was a huge bonfire going, and multiple lines by the kegs, and at the heart of it all, was JJ.

“Holy shit! Did JJ do all of this by himself?” Jess asked, clearly blown away.

“I guess so,” Jo replied, almost at a loss for words.

JJ spotted her truck, and came running. The two exited the car, just as he made his way over a huge grin on his face.

“Jo you made it!”

Before she could respond, Jess butt in, still mesmerized by the situation. “JJ babes, did you really organize this all by yourself?”

“Well mostly, I did have a little help.”

Out of nowhere, Kiara and Pope appeared with two smiles on their faces.

“Surprise,” They both said in unison, still smiling.

Jo ran over to them, engulfing them in a hug. “You guys this is amazing,”

“Well, y’know this party is for you Jo, but we’re also sending a message. We’re letting those figure eight assholes know we're back, and never leaving. Again,” Pope said with a surprising amount of anger in his voice. Jo was a little confused, but didn’t want to question it.

“Well, I guess we’re back bitches!”

The group cheered, before walking over to the beach all catching up, and for the first time in weeks, Jo had forgotten everything that happened. At that moment, she was just there with her friends like it was any regular summer party. Little did she know, that night was about to unravel a series of events she never would’ve seen coming.

[ltwilliammowett]

10 Punishments in the Royal Navy during the Age of Sail

Many of the punishments in the Royal Navy especially when they were serious offences were recorded in the logbook. But just as many old-time offences were not recorded and happened more or less incidentally. 1. So the boatswain or bosun’s mate had a small weapon. That could be a small knotted rope, a small whip or a cane (rattan). If three such canes were tied together, they were called the three sisters. If it now came to an offense in the eyes of the boatswain or bosun’s mate (officers could also impose this punishment), the starting could be carried out. The affected person was then beaten without a big announcement until the boatswain or bosun's mate was asked to stop. When his arm got tired, another companion was called to continue the abuse. These strokes were part of everyday life on board a ship. 

2. This punishment was also one that was never officially mentioned in the books. Because if a man became too impertinent and even cheeky then he was gagged. But he was tied hands and feet and an iron bolt was put between the teeth and fastened to the back of the head. The person concerned had to wait so long until the officer said he would have learned enough and his lesson. Unfortunately this allegedly harmless punishment could lead also to the death of the concerning like it 1867 with George Addison, a crew member of the HMS Favorite the case was, eer had been gagged because of drunkenness and violence. He died of asphyxiation within two hours. 3. The flogging is now really known to everyone, and could meet any sailor no matter what he had done. Actually this punishment was limited to 12 strokes, According to a ship's doctor, this still left a man's back "swollen like a pillow, looking black-and-blue", but could be increased by the string of offenses so that it could come to a hundred strokes. If a sailor should be whipped, he was held one day long in leg irons on the upper deck. This should give him time to make the cat. If he failed, his punishment could be increased. The entire crew gathered on deck to follow the punishment. Which rule the offender broke is read from the articles of war (a list of rules a ship must follow). The sailor is then asked if he has anything to say about his judgment.

His shirt was taken off and he was tied to a part of the ship, usually the rigging or the opening of the gangway. The  bosun’s mate had the pleasure of imposing the punishment. He stood at arm's length and struck the man with the force of a full swing. When his arm got tired, he took the other hand, which led to a pretty cross pattern. After twelve blows the wounds were changed so that the fresh wounds became even deeper and the affected person also got blows from other parts of his back. As the cat began to tear into the skin with each strike, a man's back could end up looking like a slab of meat from a butcher's table. After the punishment the man was taken to the ship's doctor to have his back covered with vinegar paper or to rub salt into his wounds. This treatment was supposed to stop the infection, but it could cause more pain than the actual flogging.

4. An increase and rather as a reminder to all was the flogging around the fleet. This punishment was usually carried out in a port and there the whip was tied to a small boat mast and lashed by the bosun's mate. After this lashing the whole thing continued on the next ship until the present fleet was through. In order to give it even more attention, the affected person was accompanied by a drummer boy. The flogging remained by the way until 1881 a regular punishment in the Royal Navy. 5. The punishment was meant especially for the cook and was always applied when he cooked shit or let the food spoil deliberately. Then it became cobbed and firked. That is, who was beaten on the ass with sand-filled stockings or the bung sticks of a barrel. That didn't hurt much now, but rather served to humiliate the only boys who were beaten on the ass. 6. Which leads us to the Child Punishment. All boys under the age of 19 could be shunted at any time for her with the stick (that could be a raw stick or a birch stick, birch was particularly mean, this gave way and still gave way, after the blow) or with the pussy of the boys, that was a reduced cat with only 5 strands. These blows were always carried out on the ass and should remind the youth of his offence and humiliate him so much that he never did that again. If his passing was of a heavy nature he had to kiss the "daughter of the gunner". He would bend over a cannon in front of the rest of the crew, drop his pants and be beaten on the naked ass. In the rare cases where a boy was convicted by a court martial, an adult cat could be used. This happened to poor Valentine Woods in 1813. The 17-year-old boy was sentenced to 60 lashes on his bare ass for stabbing a crew member. 7. One of the worst crimes a sailor ever committed, if he robbed his comrades. If that happened he had to run the gauntlet.  That meant he ran naked through two rows of men, each carrying a rope with several knots, so he wouldn't run too fast or even run away. Each officer stood behind and in front of him with his saber drawn and the point on his chest and back. Each man had to hit the criminal as hard as possible while he slowly passed by. Although mainly used for thieves, this form of punishment was also used for other crimes such as fraud and sodomy. This led to many losses. After some deaths, the running of gauntlet was forbidden until 1806.

8.

Human lives depended on the next offence, which is why falling asleep during the watch was especially punished. Well, life at sea was mostly boring and always characterized by the same routine, which is why falling asleep during the watch often happened. But if thew captain had punished hard for falling asleep, he would not have had any more men and so the punishment was increased the more often the whole thing happened to a sailor. At first he was woken up with a bucket of cold water over his head. The second time the water landed in his shirt and his hands were tied. So far it's more fun than punishment. At the third time he was tied to the mast and had to carry heavy things like powder cartouches or cannonballs on outstretched arms. In addition, the officer on duty was allowed to annoy him with every punishment he liked. And for as long as the officer wanted. The fourth punishment put an end to Mr. Sleepybones's slumbering adventures-mainly because he was dead when it was over. He was put in a basket which was hung from the bowsprit (the pointy mast that sticks out at the front of a ship). He was guarded by an armed sentry who was instructed to kill the offender if he tried to escape. Then he was left to starve to death. However, the prisoner did have a couple of options. He would be allowed a knife, so there was always the choice to cut his own wrists. Alternatively, he could slice the basket's rope and drown in the open sea. 9. There were offenses that were no longer punished only with strokes but with death and that without a court martial. That counted as the attack on an officer, desertion or the guilt for "indecent practices". That meant that the damned would hanging from the yardarm.  Unlike the more modern usage of drop hanging in which a prisoner will die instantaneously, a yardarm death was slow and painful. The condemned man would have his hands and feet tied, and a noose was placed around his neck. The crew stood on deck to watch. A gunshot was the signal for a group of men holding the rope to begin pulling. The prisoner would be "run up the yardarm" and left there to die from strangulation. After an hour, his body was taken down. This type of execution was last carried out in 1860 after Royal Marine John Dalliger murdered a lieutenant and the commanding officer of the HMS Leven. 10. But the worst of all punishments was keelhauling. Never officially sanctioned by the Royal Navy due to its barbaric cruelty to the condemned, keelhauling was still carried out on numerous occasions before being banned around the year 1720. The victim would be stripped naked on the deck of a ship in full sight of the rest of the crew. He would have two ropes tied to him. One of them ran underneath the bottom of the ship. The man would then be hung over the side of the ship, pulled underwater, and hauled along the keel by the second rope until he emerged on the other side. This could be carried out as slowly as the officers in charge wanted or repeated as many times as ordered. A weight was tied to the man's legs to make sure that his body was properly in line with the hull. This resulted in many drownings. But if that didn't kill him, the man had other things to deal with. Underwater, a ship's hull was covered in barnacles. As any child who has slipped on a barnacle-covered rock at the seaside will tell you, they are sharp. Very sharp. Like being dragged along a giant, razor-sharp, cheese grater, the barnacles tore the flesh of the man. If he managed to survive this awful event, he would certainly be scarred for life.

J.H. Dacam, ‘Wanton and Torturing Punishments’: Patterns of Discipline and Punishment in the Royal Navy, 1783-1815 (University of Hull, 2009)

http:// www.asailorslifeforme .org /educator/activities/Discipline-and-Flogging-in-the-Navy-Flogging .pdf

https:// allthatsinteresting .com/keelhauling

[crystaltiffanyadv2018-blog]

Ad Review & Critique

1.  KFC ad

https://www.behance.net/gallery/53862195/Its-finger-lickin-good

Review:

       I find that some ads for KFC are very interesting. As for this campaign, it really brings out the slogan of KFC “It’s finger lickin’ good”. As our fingers are always on our home button, PS2 remote and our key boards. It also brings out that whenever we are enjoying our KFC fried chicken, we are also busy doing something else like busy on our phone, on video games or our lap top. It’s special and unique, and it’s also a very modern type of ad poster which I think youngsters would enjoy looking at.

2.  Gun Violence ad

https://madelinekhalil.wordpress.com/2016/12/13/bullets-leave-bigger-holes-than-you-think/

Review:

         This ad really brings out the meaning of its truth and reality. Gun violence has been a very serious problem happening in the states and has been a huge threat to a lot of families and the people around. The design of this poster shows us that just one gunshot will affect the whole family and destroying their life. To me this poster remind me to cherish our love ones all the time and be aware of losing someone. It is legal for the people in states to own a gun, but some people misused them and take peoples life which really turns out to be one of the biggest problem that the people in the states are worrying about. And I really think that this ad is very meaningful and brings out the awareness of “Bullets leave bigger holes than you think”.

3.  Sanzer Hand Gel Promotion ad

https://www.adsoftheworld.com/media/print/sanzer_phone_booth

Review:

         This advertisement poster shows a phone booth which people often use years ago but with dirty and filthy fingers pocking out as the buttons. Thinking of everyone pressing numbers on the buttons leaving the germs and bacteria on top makes me think of hand sanitizer. We often touch things around us in the public, like the handles on the bus, door knobs and even staircase hand bars. Imagine them all looked like the telephone booth, it would make us feel disgust. This ad would make me remember it because its rather disgusting and definitely would use a hand sanitizer or even go wash my hands before and after touching things that are in the public.

4.  FadEx print ad

https://www.adsoftheworld.com/media/print/fedex_usabrazil

Review:

        It’s very easy to understand this ad just looking at it. From a country to another is not a problem with FedEx. By the look of the ad, I feel like I can just get a parcel from a friend in China in just a day. Really means that efficiency is very important nowadays. We always want things to be done in a small amount of time. This ad tells me that, no matter where and when we will get it sent out in no time. The campaign ensures the FedEx package is the centre of attention without being too in-your-face, and successfully gives a human, friendly face to postal logistics.

5. Marmite ad

http://www.advertolog.com/marmite/print-outdoor/neglect-3-19405155/

Review:

        In such messy picture, the only thing I recognize is that ¼ side of the Marmite jar. Who doesn’t know Marmite? It tastes weird alone but it’s not bad when its mix with porridge. Its ads regularly acknowledge that some people are literally repulsed by its flavour. Not all of us like Marmite, but most of us remember it. Just like what the ad said “Love it. Hate it. Just don’t forget it.” I really like the idea of this ad, straight forward but still you have to find it hiding in the poster itself.

6. Expedia ad

https://www.google.com/amp/s/www.pinterest.com/amp/pin/116108496615017389/

Review:

       We know that there are over 9,000 airports around the world, each with its own three-letter code. As a travel booking website, Expedia brings it all out with the term “Find whatever floats your boat”. Anywhere you want to go, which flight you want to go on, or even hotels, Expedia will be the best choice. And I find that the three letters all starts with the letter S.

7. Malaysia Nature Society ad

https://www.adforum.com/creative-work/ad/player/34518105/rhino/malaysian-nature-society

Review:

       This ad was for the Malaysian Nature Society, in the picture we can see a chopped of tree and a rhino. Cutting of tress means taking away animal’s natural shelter, all animals, endangered or not, through this ad we know that we should really take good care of the nature and make sure the animals never lose their home. This ad was a campaign of Tapir, Rhino, Hornbill and Fish which are some of the animals that are almost endangered in Malaysia.

8. Female Tribes ad

https://www.adforum.com/creative-work/ad/player/34542211/fill-your-p/female-tribes

Review:

        This print advert campaign by J. Walter Thompson addresses the pay gap between women and men. The series takes campaign messages and blocks out certain letters to suggest alternate, aggressive phrases. Some people with a pure mind will just look closely at it as “Fill your purse”, but for some others will see it as “fuxk your pussx”. Just like how the ad said taking away 25% is Offensive. The Female Tribes brings the awareness of globally women still earn a quarter less than men. Which is not fair for a lot of women around the earth. As this world should be more aware of the equality and no one should insult women and give them the right pay.

9. Sharpie ad

https://www.adsoftheworld.com/media/print/sharpie_rolling_stones

Review:

         The illustration is simple and cute. At first I could not really understand the message that this ad is bringing out. I was guessing if its about high school stuff when girls write down short messages on paper and crumble them and pass it around to their friends. And it shows that the conversation started with a Sharpie and a plain white paper.

10. Stronger Marriage Org ad

https://www.pinterest.com/pin/544513411169438796/

Review:

        To be honest, I don’t understand this ad when I first look at it. But after reading the directions a few time, I found out that it actually means a lot. This ad tells us that a relationship that is able to last long is not when things are only about yourself. A lasting relationship is everything about We, when two people attach themselves in each other’s life and not being selfish. So the tag line tells us that if we want a stronger marriage, work on it together.

[clearui]

殺し屋とストロベリー / Killer and Strawberry [Short Story Episode 1 - Sunlight]

*DO NOT POST THIS TRANSLATION ELSEWHERE!!*

A gunshot can be heard in a room of a wasted abandoned building. Even with the surpressor on, the sound reverberates through the building walls, lingers, and then disappears. Right after, Amon finally averts his eyes from the rifle's scope, which is supported by his knee and shoulder, as he sighes and turns around. What he saw was an inanimated object.

"Hasegawa-san, are you interested in my work?"

For a short while, there was no sound coming out from that tall human figure...... Hasegawa, who appeared from the backdoor, has a bitter smile on his face."

"...... You've noticed that I came here. I thought a sniper won't notice anything beyond what he sees in his scope."

"I guess, it differs from person to person when it comes about sensing others' presence, and I'm practically sharp when it comes sensing abnormalities in around me.

Even I was focusing on my target, I can get a good grasp of my surrounding." Amon stands up, using the bottom of the gun as a support. Then, he lightly stretches.

"Amazing, but, how come did you not stop sniping if you have noticed that I was here?"

"It's because I was wondering how Hasegawa-san appeared to me."

"Is it meant to be an enemy or not?"

"I did not expect you to be my enemy, but...... I was observing Hasegawa-san's stance."

"Stance?"

Amon put his firearm into the guitar case easily. Hasegawa convinced himself that it would make Amon look natural if he carries a guitar case.

"Normally, if you see someone trying to kill, you would have stop him. Why does he kill? Is it someone that must be killed no matter what?"

"Well, I'm not normal."

"It's nice to know that Hasegawa-san is also actually someone from an underworld. It's a relationship that only happens when we are in Tsukikage after all, I thought you would be a person from the society."

"......Do I look like someone from the society?"

Showing neither agreement nor denial, Hasegawa ligthly shook his neck to answer Amon who is still closing the lid of his guitar case.

"Well...... you do look like a splendid and obedient person though, Hasegawa-san."

"I am not aware of that."

"You're different than me who was born in the underworld. So, what are you doing here? Is it okay to leave president Shirakawa? You're his bodyguard, right?"

Hasegawa is the bodyguard of the president of company, River Org. Although it's known to be a company, it is famous company who "work" in the underground society. At least to Amon, it is not as dirty as yakuza or as bad as mafia. Reponding to Amon's question, Hasegawa laughs a little.

"I just came to see the situation, the president is having a meeting nearby. When I was checking around the area, I saw something like a muzzle peeking through the window of this abandoned building."

"......Eh, seriously...... You could see it from outside?"

"Don't worry, normal people would not be able to see. There are not many people who would notice. However, I was just curious when I looked it through the scope. Then it looked like a riffle, so I went here to confirm."

"Uwaa. Since this part of town is an urban area...... I'm afraid I should lay low for time being."

"It's alright. You're lucky that I was the only one who noticed it. By the way, should you leave soon?"

"I guess. I better escape soon."

"Shall I drive you in our car?"

"Ah...... Sorry, but I'll pass, I'm just scared borrowing from Shirakawa-san."

"Haha, it's a promise."

"Yeah, again in Tsukikage."

Hasegawa disappears through the back of the corridor quietly. Sending him off, Amon carries his guitar case with a riffle in it on his back. He rushes down the stairs on the opposite way from Hasegawa's so carefully so he doesn't make loud steps. Indeed that Hasegawa looks like an admirable person of the society. He does not hide many behind his back. There is probably someone behind the reason why Hasegawa enters the underworld. ......or probably Hasegawa-san has found a place he belongs to. Like Tsukimi and Izuna, they belong to Tsukikage Cafe. However, it was unilateral. Tsukimi and Izuna do not have veto power. It's probably because there is no need for them. However, it is different for Hasegawa. No one knows the reason why Hasegawa got a job in River Org. and why he was selected to be Shirakawa's bodyguard. Even though he's an "true" human being, whether it's correct or wrong, he lives the way he chooses for himself." Meanwhile, how about him? Hasegawa has a place to return to. There is work he is responsible for. But, what about him?

"......Too bright."

Before he realizes it, the sun was already high up, reminding him that it's already morning. He’s never good with daylight since he’s nocturnal. Amon carries his guitar case and begin walking through the crowd. It is still long until the next night visit.

               *DO NOT POST THIS TRANSLATION ELSEWHERE!!*

Translated by clearui

[sawthingsiimagined]

#XD30 FIFTEEN | DOUBLE TROUBLE

[Ride or die - Jada]

I’m back in New York to attend a fashion show. Since the tour began I had been gaining a lot of attention in the fashion world. It was fact that I really did keep my shit together and I always offered a bomb look everywhere I went. The fashion show wasn’t until tomorrow so I had a day to play in the city. The tour would be in Chicago in a couple of days and the crew were already there setting up including Jace, Adrienne and Mona. The record label sent me 2 assistants to accompany me the day of the show and of course security went everywhere else with me.

Since I had a day to do nothing and I was basically there alone, Q decided to come to NYC to spend the two days there with me. I was excited because he wouldn’t have to do any work and we were going to try to stay at the same hotel to avoid people catching us meeting up in public. Finally I get to get a piece of that TRAPPERS life. Little did I know, I would get more than a piece.

We planned to meet up at an Italian restaurant called Syvlan in Brooklyn before we went to our rooms in Manhattan. We had separate rooms booked so the hotel staff wouldn’t figure out that we were there together and leak rumors, or the truth, to the media. What had my little life become? I waited in the backseat of a black Town Car until he texted me that it was cool to come inside. For once I was happy to be completely alone. My security company signed his security on to my protection plan for tonight to lessen the amount of people that would be moving around with us. Q had 3-5 security officers with him at all times. My 1 security deserved a break. Besides the pool party incident, I had not been directly in harms way.

I waited outside for about 15 minutes touching up my make up and making sure I was looking like a piece of perfection. I decided to wear my hair down in a straight style and pulled to the back. I wore a short black Givenchy dress that stopped mid-thigh and mid breast, exposing my long legs and smooth shoulders. My 6 inch stilettos made me appear taller and stripper-like. My diamond studded Brahmin clutch completed my look. I was smelling good, looking good and feeling good. If Q had any uncertainties about making me his lady they would all go away tonight.

I finally received a text that it was safe to come in.

The text read: ‘You can come in and eat or I can come out there and eat’

I replied: ’*Blushing Emoji*…I’m walking in’

I get out of the car and I walk towards the front door. I see him walking onto the restaurants veranda to meet me. I tried to contain my smile. Suddenly I hear gunshots ring out and they were close. Literally a few feet away. Q runs to me and grabs my hand pulling me into the restaurant. I was freaked out but I was skiing through that restaurants in my 6 inch heels like a bad bitch. He pulled me into an employees only area and told me to wait there. He took off the sports coat he was wearing and handed it to me. He then ran back towards the front of the restaurant. By this time the entire restaurant was in panic. I was the only one standing still while everyone either ran for cover or out of the restaurant. This never happened at Olive Garden back home. This was definitely some New York type shit that you see in movies.

Q returned back safely with his dress shirt opened. If I didn’t know any better I would have thought he had been in a fight. That’s when I became concerned. Why was he acting as if he was involved with what was going on and where was his security? No sooner than I had those questions, one of his security guards picked me up, and following his lead, we ran through the loud, busy kitchen where the workers continued cooking as if nothing was going on. The food looked good and I was tempted to grab a breadstick while I was being carried, a true to go snack, but I was on my James Bond, Charlie’s Angel, Mr. And Mrs. Smith shit right now. For some reason I was so shocked that I wasn’t panicking yet. Before we opened the back door Q turned to ask me, “Baby are you ok?”

“Yea I’m good,” I replied like a confused child. “I’ll explain later,” he said and then opened the door.

“Q CLOSE THE DOOR!” I screamed. No sooner than he was able to close the door bullets ricocheted off of the metal door. I saw a guy in a silver 4 door Mercedes Benz roll down his window with a mask on. I knew it wasn’t Halloween so I followed my fear instinct.

By this time the kitchen was in a panic. Security rushed us into the cooler and there we waited until the coast was clear. I could hear police sirens get closer and people screaming. At that point my eyes began to water. I was afraid. I had come that close to seeing someone get shot or even worse, me getting shot. All I could think about was my brother and how scared he would be if he knew what I was witnessing. Security put me down on the ground. I didn’t even notice how cold I was until Q put his jacket over me and pulled me into his chest. He planted kisses on my forehead and held me. That’s when I begin to sob silently. It was too much. This was the third incident since I had been on tour that I was close to a shooting. This time I actually saw a shooter. Growing up in church we were taught to believe in signs. I couldn’t figure out what these shootings meant but hopefully sooner or later it would make sense.

In the meantime I was soaking up the attention I was getting from Q. I could tell by the way he was rubbing his fingers through my hair, and refusing to let me go, that he knew that he had some explaining to do. After waiting in the cooler for about 10 minutes, we were escorted outside into a black SUV. Once inside I didn’t say anything. I saw news trucks, crowds of people and police cars everywhere. I looked out of the window in silence for half of the ride. Q reached over and grabbed my hand. He noticed that my eyes were red and he rubbed the side of my face. When we got to the hotel he asked if he could stay over in my room. I was hesitant but also I was afraid to be alone. We walked into my room and without say anything I went in the bathroom to take a shower. I was relieved to not be alone but I also needed a moment for myself.

I let warm water rush over my body. I stood there for what felt like eternity before I even began washing my body with lavender soap and oils. I turned off the shower and I didn’t hear any noise or movement coming from the room. Maybe he decided to go to his room. To relieve myself I began singing to myself. I heard a tap on the door. Still wet, I reached for a towel to cover myself and I opened the door enough to see Q standing there looking pitiful.

“Thank you,” he said.

I wasn’t quite sure why I deserved thanks.

“You saved my life,” he continued saying. “Look ma. Long story short, it’s a lot of people not happy that me and the other guys made it out of the hood and we will still rep it. They think we are trying to market off of them. Then you have another group from the hood that we still deal with that feel like we owe them more than we already funnel back through there. It’s a lot more details but that’s why I was hesitant on whether or not I wanted me and you to take this anywhere besides fun. You’re too good for the world I’m from. I may be dressed in designer clothes but I’m still a hood boy at heart,” he finished.

I grabbed his hand and pulled him in the restroom. My older cousin told me if you can get a bad boy to share his feelings, then you have him whipped. I haven’t even given him any of my 'good-good’, besides oral, and he was already bowing down to me. I wanted him now. He can explain more later. Still holding my towel I sat on the counter pulling him in between my legs.

“Q, I’m here because I want you. Let’s work out the other stuff later,” I said.

“Damn ma. You rode for a nigga today. You scare me. You’re too perfect,” he said.

I crossed my arms behind his neck, pulled him towards me and placed my tongue in his mouth. I couldn’t wait any longer. I was wet and ready. Literally. Although what just happened scared the hell out of me, it also turned me on. He protected me and I protected him. I already knew the sex would be bomb just because of that.

I let my towel drop and he grabbed my breast. They were still wet from the shower. He begin sucking on them, going back and forth between each one. I unbuttoned his shirt and exposed his slim fit, tattooed body. I then unbuckled his pants to let him know that I wanted all of him. He took his finger and reached between my legs to rub my center. I heard him whisper “damn” in response to my wetness. He took the fingers and stuck them in his mouth. He then begin kissing me all over my body. This is what I had been waiting for. He was so passionate in a thug boy type way. He got on his knees and begin serving my center in a way that said 'I’m so sorry’. I pulled him up because I felt like he was teasing me. I grabbed his dick and begin stroking it while I looked him in the eye. “I want you,” I said softly. He kissed me deep and while I was lost in his kiss he entered me pushing my back against the mirror. He started off really slow so that I could adjust to taking his dick. It touched every nerve in me and it felt like he was in my stomach. I moaned louder than I had ever moaned. I could tell it was turning him on even more. He started picking up pace and I grabbed on to him tighter. He picked me up and put me on the ground turning me around so that I could face the mirror. He pushed me down so that my breast were touching the counter. He then gently grabbed my neck and started kissing on my neck and sucking my ear. Next thing I knew, he entered me from behind. He was clever. He wanted me to see him send me to euphoria. I knew that was the case because he had the sexiest, most mischievous grin on his face. I almost couldn’t take it. Before I knew it I had climaxed and he would not let up. He kept going and I felt another release coming on. I had never had two consecutive orgasms. I understood then the full meaning of the song 'Trap Queen’ and why a girl became a 'Trap Queen’. If the dick was that good I’ll be kitchen cooking dope with my baby too. It was that good. I was about to catch my breath and say I couldn’t take anymore but I heard him let out a growl that let me knew he had climaxed. He dropped to his knees and kissed my ass and then laid right there on the bathroom floor pulling me on top of him. I was done. Before I realized it I had dozed off….butt naked on the bathroom floor. My damn head was in between the tub and the toilet and I didn’t even care.

I woke up, in my bed under covers. I looked over and Q was next to me watching tv. I tried to reach for him but noticed that a tray of food was between us. He ordered room service and I’m glad he did because I was beyond hungry. He looked over at me and smiled. I never knew him to be a smiler from the fan point of view, so to see him smile made me want him and another round.

He was so thoughtful. He ordered an Italian dinner for us to enjoy in bed since we didn’t eat any at the restaurant. He was watching a basketball game and offered to turn the channel but I didn’t mind. We ate in silence. Once we were finished he moved all of the dinnerware to the table on the other side of the room.

“And now for dessert,” he said.

He went under the covers and put his head between my legs quicker than I could look around to see if there was actual dessert somewhere. I didn’t see anything so I knew he had energy for another round. He came up, laid on his back and licked his lips. I got on top of him and kissed him before sliding down and taking him inside of mouth. I gave that meat my all. I knew that he was about to pull me into his world and I knew he would be the source of my headaches but this sex and his charm was worth it …..not to mention whatever else he had to offer.

“Ma, I’m about to cum,” he moaned. I wasn’t done. I jumped on top of him and started to ride him. I went up and down possibly 4 times and then I said, “now.”

He started convulsing and shaking, latching onto my hips. I couldn’t move because he held me down tight, releasing himself inside of me. Once he released I laid on his chest. I heard my phone vibrating but it would have to wait. I wanted this man’s everything. Right now I had his time, attention and dick. Nothing was going to distract me.

“You’re a ride or die chick for real ma,” he said laughing at the way I just gave him the ride of his life. That night I laid there knowing I was the queen and as far as I was concerned, he was my king.

[scfop3]

New Post has been published on https://scfop3.org/fletc-legal-update-2016-12/

FLETC Legal Update- Dec 2016

The Informer – December 2016

Contents

    Supreme Court Preview

Los Angeles County, CA v. Mendez:  Whether the Ninth Circuit’s provocation rule conflicts with Graham v. Connor when officers are sued for excessive use of force under 42 U.S.C. § 1983

Case Summaries

United States Supreme Court Shaw v. United States: Whether 18 U.S.C. § 1344(1), the bank fraud statute, covers schemes to deprive a bank of money in a customer’s account

Circuit Courts of Appeals

First Circuit

United States v. Swan: Whether the defendant was in custody for Miranda purposes while being questioned by two officers at the police station

Seventh Circuit

United States v. Thompson:  Whether agents had reasonable suspicion to conduct a Terry stop and a Terry frisk of the defendant, whether the agents conducted a lawful sweep of the defendant’s apartment, and the validity of the defendant’s consent to search

United States v. Patrick: Whether police officers who obtained a warrant which authorized them to locate the defendant using cell phone data were required to specifically inform the judge how they planned to execute the warrant

Eighth Circuit

United States v. Craddock:  Whether an officer lawfully removed a key fob from the defendant’s pocket during a Terry frisk for weapons

United States v. Merrell:  Whether officers violated the Fourth Amendment when executing a search warrant that authorized them to photograph the defendant’s hands

United States v. Cook: Whether police officers seized the defendant for Fourth Amendment purposes when the officers approached the defendant’s parked car, and the defendant voluntarily rolled down the car’s window to speak to the officers

  Supreme Court Preview

Use of Force:  42 U.S.C. § 1983 / Qualified Immunity / Provocation Rule

Los Angeles County, CA v. Mendez

Decision Below: 815 F.3d 1178 (9th Cir. 2016); http://cases.justia.com/federal/appellate- courts/ca9/13-56686/13-56686-2016-03-02.pdf?ts=1456941737

Los Angeles County Deputies Conley and Pederson were part of a team of police officers that went to a residence owned by Paula Hughes to search for Ronnie O’Dell, a wanted parolee. Deputies Conley and Pederson were assigned to clear the rear of Hughes’ property and cover the back door of Hughes’ residence. The deputies were told that a man named Mendez lived in the backyard of Hughes’ residence with his pregnant wife. Deputies Conley and Pederson went through a gate and entered the backyard where they saw a small plywood shack. The deputies entered the shack without a search warrant, and without knocking and announcing their presence. Inside the shack, the deputies saw the silhouette of a man pointing, what appeared to be a rifle, at them. Deputies Conley and Pederson fired fifteen shots at the man, later identified as Mendez. Mendez and his wife both sustained gunshot wounds. The deputies later discovered that Mendez had been pointing a BB gun that he kept by his bed to shoot rats inside the shack.

Mendez and his wife sued Conley, Pederson and the Los Angeles County Sheriff’s Department under 42 U.S.C. § 1983 claiming the deputies violated the Fourth Amendment by entering their dwelling without a warrant and then using excessive force against them.

The district court held the warrantless entry into the shack violated the Fourth Amendment, as it was not supported by exigent circumstances or another exception to the warrant requirement. The court then concluded the deputies did not use excessive force in violation of the Fourth Amendment, as it was reasonable for the deputies to mistakenly believe Mendez’s BB gun was a rifle. Nonetheless, the court held that the deputies were liable for the shooting under the Ninth Circuit’s provocation rule and awarded approximately four million dollars in damages. The provocation rule states,

“Where an officer intentionally or recklessly provokes a violent confrontation, if the provocation is an independent Fourth Amendment violation, he may be held liable for his otherwise defensive use of deadly force.”

The district court held that because the officers violated the Fourth Amendment by entering the shack without a warrant, which proximately caused the injuries to Mendez and his wife, it was proper to hold the officers liable for their injuries.

In affirming the district court, the Ninth Circuit Court of Appeals commented, “[E]ven without relying on our circuit’s provocation theory, the deputies are liable for the shooting under basic notions of proximate cause,” which in the context of § 1983 should make officers responsible for the consequences of their actions.

  Los Angeles County and the deputies appealed. The United States Supreme Court agreed to hear the case on December 2, 2016.

The issues before the Supreme Court are:

Whether the Ninth Circuit’s provocation rule should be barred, as it conflicts with Graham v. Connor regarding the manner in which a claim of excessive force against a police officer should be determined under 42 U.S.C. § 1983.

Whether, in an action brought under 42 U.S.C. § 1983, an incident giving rise to a reasonable use of force, (officers mistaking BB gun for a rifle) is an intervening event that breaks the chain of causation from a prior unlawful

The Court granted certiorari in December 2, 2016 and has not yet scheduled oral arguments.

  CASE SUMMARIES

United States Supreme Court

Shaw v. United States, 2016 U.S. LEXIS 7431 (U.S. December 12, 2016)

Shaw had access to Stanley Hsu’s bank statements, which contained Hsu’s personal information. Using Hsu’s personal information, Shaw opened an email account in Hsu’s name, and then used this email account to open a PayPal account. Shaw “linked” the PayPal account to Hsu’s account with Bank of America. Shaw subsequently transferred money out of Hsu’s Bank of America account into the PayPal account he controlled.

The government charged Shaw with Bank Fraud under 18 U.S.C. § 1344(1).

The Bank Fraud Statute, 18 U.S.C. § 1344(1), makes it a crime to knowingly execute a scheme to defraud a financial institution.

Shaw argued that a prosecution under § 1344(1) required the government to prove the defendant intended the bank to be the primary financial victim of his fraud, not a bank customer such as Hsu. The district court disagreed, as did the Ninth Circuit Court of Appeals, which affirmed Shaw’s conviction.  Shaw appealed the United States Supreme Court.

First, Shaw argued the bank fraud statute did not cover schemes to deprive a bank of customer deposits.

The Court disagreed. When a customer deposits funds, the bank ordinarily becomes the owner of the funds even though the customer retains the right to withdraw those funds. The bank then has the right to use those funds as a source of loans that help the bank earn profits. Consequently, a scheme to fraudulently obtain funds from a bank depositor’s account normally is also a scheme to fraudulently obtain property from a financial institution under 18 U.S.C. § 1344(1), where, as here, Shaw knew the bank held the funds in Hsu’s account and he misled the bank in order to obtain those funds.

Second, even though the bank did not incur a financial loss, the Court held that § 1344(1) only requires proof of a scheme to defraud, not proof of actual financial loss or that the defendant intended to cause a financial loss.

Third, the Court held the government was not required to prove that Shaw knew the bank had a property interest in Hsu’s account to establish that he intended to defraud a financial institution. The court noted it was enough for the government to show that Shaw knew the bank possessed Hsu’s account, and that he made false statements to the bank, which caused the bank to release the funds unlawfully to Shaw.

Fourth, Shaw argued that the bank fraud statute requires the government to prove more than his simple knowledge that he would likely harm the bank’s property interest. Shaw claimed the government was required to prove that he intended to harm the bank’s property interest.

The Court rejected this argument. The Court held that, on its face, 18 U.S.C. § 1344(1) clearly makes criminal the “knowing execution of a scheme to defraud.”

Finally, while rejecting Shaw’s positions regarding the interpretation § 1344(1), the Court nonetheless vacated Shaw’s conviction and remanded the case to the Ninth Circuit to determine whether one of the trial court’s jury instructions was improper.

For the court’s opinion: https://www.supremecourt.gov/opinions/16pdf/15-5991_8m59.pdf

  First Circuit

Circuit Courts of Appeal

  United States v. Swan, 2016 U.S. App. LEXIS 20843 (1st Cir. Me. Nov. 21, 2016)

Police officers suspected Swan, a local, elected official, was involved in a scheme to receive a kick-back from a businessman. After an undercover sting operation, two officers confronted Swan after she exited her car in a Laundromat parking lot. The officers asked Swan if she would be willing to talk to them about the case at the police station. Swan agreed, and accompanied by one of the officers, drove herself to the police station. At some point during the encounter, one of the officers came into possession of Swan’s cell phone.

At the police station, the officers directed Swan to an interview room and shut the door. The officers told Swan that she was not under arrest, she was free to leave at any point, and it was “fine” if she did not want to have a conversation with them. Swan agreed to stay and speak with the officers, but when Swan asked whether she could have her cell phone back, the officers told her that they were only keeping the phone so Swan would not get distracted. A short time later, Swan’s phone rang and as she reached to answer it, one of the officers told Swan he was just going to send the call to voicemail. Swan responded, “All right.” Over the next ninety-minutes, Swan made incriminating statements to the officers. Near the end of the interview, Swan told the officers that she needed to call her husband. The officers returned Swan’s phone and allowed her to call her husband. After finishing her call, Swan resumed her interview with the officers, retaining possession of her phone for the rest of the interview.

The government subsequently charged Swan with several counts of Hobbs Act extortion.

Swan filed a motion to suppress her incriminating statements. Swan argued the officers failed to advise her of her Miranda warnings before they interviewed her.

Police officers are required to provide Miranda warnings before conducting a custodial interrogation of a suspect. In this context, custody for Miranda purposes occurs when “a reasonable person would have felt he or she was not at liberty to terminate the interrogation and leave.”

In this case, Swan argued that she was in custody for Miranda purposes during her initial encounter with the officers in the parking lot. Without deciding this issue, the court noted that even if the confrontation in the parking lot was custodial, Swan was not entitled to a Miranda warning unless she remained in custody at the police station when she made the incriminating statements.

The court then concluded that Swan was not in custody for Miranda purposes at the police station. First, before questioning Swan, the officers told her that she was “not under arrest,” that she was free to leave “at any point,” and that it was “fine” if she did not “want to have a conversation” with them. The court found that these unambiguous statements would have led a reasonable person in Swan’s position to understand that she was not in custody, regardless of what had occurred previously in the parking lot. In addition, the duration of the interview was relatively short, the number of officers present was not overwhelming, the officers never handcuffed Swan, and the officers closed the interview room door simply to ensure privacy.

Finally, even though the officers were holding Swan’s phone, the officers told her it would be returned at the end of the interview and allowed Swan to use the phone to call her husband when she requested it. The court concluded that the officers’ temporary possession of Swan’s phone was not sufficient to render the interview custodial.

After considering these factors, the court concluded that a reasonable person in Swan’s position would have felt free to terminate the interview and leave the police station. As a result, the court held that Swan was not subjected to a custodial interrogation; therefore, the officers were not required to provide her with Miranda warnings.

For the court’s opinion: http://cases.justia.com/federal/appellate-courts/ca1/14-1672/14-1672- 2016-11-21.pdf?ts=1479762005

Seventh Circuit

United States v. Thompson, 2016 U.S. App. LEXIS 21014 (7th Cir. Ill. Nov. 22, 2016)

As part of an investigation into a drug trafficking organization, federal agents were conducting surveillance on Marvin Bausley, whom they believed had approximately ten kilograms of cocaine in his car. The agents followed Bausley to an apartment building where they saw him park his car. A man later identified as Thompson, came out of the building wearing a black backpack and got into Bausley’s car. Bausley drove once around the block and again stopped outside the apartment building.  Thompson exited the car and entered the apartment building.

One of the agents entered the building shortly after Thompson, but did not see anyone in the lobby. The agent remembered that an apartment on the ninth floor had been of interest in their investigation, so the agent took the elevator to the ninth floor. When the agent exited the elevator, he saw Thompson and a woman waiting for the elevator. The agent had not seen Thompson earlier and did not recognize him as the man that had been in Bausley’s car. Thompson and the woman got in the elevator and went down to the lobby. When Thompson exited the elevator in the lobby, other agents notified the agent on the ninth floor that the man who was in Bausley’s car was now in the lobby.

The agent from the ninth floor went back to the lobby where he saw Thompson; however, Thompson did not have the backpack he had been wearing earlier. The agent detained Thompson and asked Thompson if he lived in the building. Thompson denied living in the building. Instead, Thompson told the agent he was there to visit a friend on the fourth floor. The agent then asked Thompson if he had just been on the ninth floor. Thompson told the officer that he not been on the ninth floor. The agent told Thompson that he was not under arrest and that he did not need to speak to the agents.  The agent then frisked Thompson for weapons.  The agent did not find  any weapons, but he discovered a key ring, which held Thompson’s apartment key, and an electronic fob used to access the building’s elevators. Again, the agent asked Thompson if he lived in the building and if he had just been on the ninth floor.  Thompson answered “no” to both questions.

At this point, the agent asked Thompson if he would speak to the agents on the ninth floor, and Thompson agreed. Using the fob on the key ring, the agent accessed the elevator and Thompson and the agents went to the ninth floor. Thompson did not ask for his keys back and the agents did not handcuff him.

Once on the ninth floor, the agents asked Thompson if he lived in unit 902. After Thompson replied “no,” the agent inserted Thompson’s key into the lock of unit 902 and the door opened. The agent asked Thompson if anyone was inside the apartment, but Thompson did not respond. Two agents performed a sweep of the apartment, which lasted approximately 30-45 seconds. Finding no one in the apartment, the agents returned to the hallway. The agent then asked Thompson if they could speak inside the apartment, and Thompson agreed.

Inside the apartment, the agent again told Thompson he was not under arrest and that he did not have to talk to the agents. The agent then asked Thompson for consent to search the apartment. Thompson consented and signed a consent-to-search form. After signing the form, Thompson told the agents where cocaine, cash, and a gun were located in the apartment.

The government charged Thompson with possession with intent to distribute cocaine.

Thompson filed a motion to suppress the evidence seized from his apartment, claiming the agents committed a variety of Fourth Amendment violations.

First, Thompson argued that when he stepped out of the elevator in the lobby, the agent detained him without reasonable suspicion to believe he was involved in criminal activity.

The court held the agent had ample reason to believe that Thompson was engaged in criminal activity when he encountered Thompson in the lobby. First, agents saw Thompson get into a car with Bausley, whom they had reason to believe had just picked up a large amount of cocaine. Next, the agents saw Thompson enter the car wearing a backpack, circle the block with Bausley, go back into the apartment building, and then return to the lobby without the backpack. The court concluded these facts established reasonable suspicion to justify the Terry stop of Thompson in the lobby.

Second, Thompson argued the agent unlawfully frisked him in the lobby. An officer conducting a lawful Terry stop, may not automatically frisk the subject of the stop. A Terry frisk is lawful only if the officer can establish reasonable suspicion that the subject might be armed and dangerous.

The court held that when the agent encountered Thompson, he clearly had reason to believe that Thompson was participating in a drug trafficking operation. Based on that belief, it was reasonable for the agent to suspect that Thompson was armed because guns are known tool of the drug trade.

Third, Thompson argued that by taking his keys and accompanying him to the ninth floor, the agent unlawfully seized him and converted the Terry stop into an unlawful arrest without probable cause.

The court disagreed. Prior to taking his keys, the agent told Thompson that he was not under arrest and that he did not have to speak to the agent. In addition, Thompson never asked for his keys back and he voluntarily went with the agent to the ninth floor.

Fourth, Thompson argued that the agent violated the Fourth Amendment by putting the key in the lock of unit 902 and performing a sweep of the apartment before obtaining Thompson’s consent to search.

The court recognized that placing the key in the lock of unit 902 constituted a Fourth Amendment search. However, because the privacy interest in the information held by the lock (i.e. verification of the key holder’s address) is so small, officers do not need a warrant or probable cause to perform such a search.

The court further held the sweep of Thompson’s apartment was lawful. The agents were involved in a long-term investigation of a large-scale drug trafficking organization. As the door was opening, the agent asked Thompson if anyone was inside and received no response. As Thompson had already lied to the agent about being on the ninth floor and about living in the building, the agents were justified in taking reasonable precautions to ensure their safety. In addition, the sweep of Thompson’s apartment lasted only 30-45 seconds, and upon completing the sweep, the agents exited the apartment and obtained Thompson’s consent to perform a full search.

Finally, Thomson argued that he did not voluntarily consent to the agents’ search of his apartment.

The court held that Thompson’s consent to search his apartment was voluntary. After being told he was not under arrest, Thompson accompanied the agents to the ninth floor and signed a consent- to-search form after the agents completed their sweep. The agents did not threaten or coerce Thompson into signing the consent form, and Thomson voluntarily directed the agents to the locations of the contraband inside the apartment.

For the court’s opinion: http://cases.justia.com/federal/appellate-courts/ca7/16-1105/16-1105- 2016-11-22.pdf?ts=1479857447

United States v. Patrick, 2016 U.S. App. LEXIS 21090 (7th Cir. Wis. Nov. 23, 2016)

Police officers obtained a warrant to arrest Patrick for a parole violation. The officers then obtained a second warrant, which authorized them to locate Patrick using cell phone data. The officers subsequently located Patrick sitting in a car on a public street after they used information obtained from a cell –site simulator.1 The officers arrested Patrick and seized a firearm from him. The government later charged Patrick with possession of a firearm by a convicted felon.

Patrick filed a motion to suppress the firearm. Patrick argued the officers violated the Fourth Amendment by misleading the judge who issued the second warrant by not disclosing that the officers planned to use a cell-site simulator to locate him. Instead, Patrick claimed the officers implied to the judge that they planned to locate Patrick by using information provided by his cell phone service provider.

The court disagreed. The Fourth Amendment requires that warrants be based “upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the property or things to be seized.” The court noted that officers are not required to state the “precise manner” in which warrants are executed. The manner of the search is subject only later to judicial review to determine its reasonableness. In addition, courts cannot limit or attempt to regulate how a search must be conducted. The court added that in this case the officers could have sought a warrant authorizing them to locate Patrick’s cell phone without disclosing to the judge how they would do it.

Finally, the court recognized that there were other Fourth Amendment issues and concerns surrounding the use of cell-site simulators by law enforcement, which the court was not required to decide to resolve this case.

For the court’s opinion: http://cases.justia.com/federal/appellate-courts/ca7/15-2443/15-2443- 2016-11-23.pdf?ts=1479934846

  1 A cell-site simulator, often called a Stingray, the trademark of one brand, “pretends to be a cell-phone access point and, by emitting an especially strong signal, induces nearby cell phones to connect and reveal their direction relative to the device.

Eighth Circuit

United States v. Craddock, 841 F.3d 756 (8th Cir. Mo. November 8, 2016)

While stopped at a stop sign, a police officer saw a green Pontiac enter the intersection and slow down as if to turn in his direction. Instead, the Pontiac hesitated for a moment, and drove straight through the intersection. Finding this behavior suspicious, the officer called in the Pontiac’s license plate number and discovered that the vehicle was stolen. The officer followed the Pontiac but lost sight of it when it turned down a side street. The officer drove up and down nearby streets looking for the Pontiac. Approximately six-minutes later, the officer saw a man, later identified as Craddock, walking down the sidewalk. After passing Craddock, the officer saw the stolen Pontiac parked on the side of the street. The officer turned around and saw Craddock standing in the front yard of a residence approximately fifty-feet from the stolen Pontiac.

The officer approached Craddock and asked him what he was doing. Craddock appeared nervous and told the officer he was going home, but he could not provide the officer with his address. Believing that Craddock had just exited the stolen Pontiac, the officer handcuffed Craddock and frisked him for weapons. The frisk did not reveal a weapon, but the officer did feel what he believed to be a key fob in Craddock’s pants pocket. The officer removed the key fob from the pocket and, after noticing that it had a Pontiac emblem, used it to unlock the stolen Pontiac. The officer searched the Pontiac and found a handgun on the floor next to the driver’s seat. The government charged Craddock with being a felon in possession of a firearm.

Craddock filed a motion to suppress the evidence seized as a result of the frisk and the removal of the key fob from his pocket.

The court held that Craddock’s proximity to the stolen vehicle and his demeanor when the officer approached him gave the officer reasonable suspicion to frisk Craddock for weapons. However, to seize items other than weapons, the officer conducting the frisk must have probable cause to believe that the item in “plain touch” is incriminating evidence. The item felt by the officer does not have to be contraband, but the incriminating character of the item must be immediately apparent.

Here, the court held the key fob’s incriminating character was not immediately apparent by the officer upon plain feel. The officer testified that he was not able to see the person driving the Pontiac, or even identify if the person was male or female. The officer did not see Craddock exit the vehicle and Craddock did not flee when the officer approached him. Even though Craddock was relatively close to the stolen car and behaving nervously, feeling an unidentified key fob in Craddock’s pocket did not provide the officer with probable cause to believe that the key fob belonged to the stolen Pontiac. The court commented that key fobs are extremely common items carried by many people every day. As a result, without more information, the court concluded the officer could not have reasonably associated the key fob with the stolen Pontiac at that point. It was not until the officer removed the key fob from Craddock’s pocket and saw the Pontiac emblem that he connected the key fob with the stolen car.

For the court’s opinion: http://cases.justia.com/federal/appellate-courts/ca8/15-3705/15-3705- 2016-11-08.pdf?ts=1478620875

United States v. Merrell, 842 F.3d 577 (8th Cir. Minn. Nov. 18, 2016)

Law enforcement officers found photographs containing child pornography on computers that belonged to Travis Guenthner. In some of the photographs, a woman’s hands are visible touching a minor girl inappropriately. Guenthner told officers Merrell had sent him the photographs of the minor girl and that Merrell had produced them at his request.

The officers obtained a warrant for the search of “the person of Roxanne Merrell, specifically body views and photographs of her hands.” Officers then took Merrell to the police station and recorded 47 photographs of her hands.

The government charged Merrell with production of child pornography.

Merrell filed a motion to suppress the 47 photographs of her hands taken during the execution of the search warrant. Merrell argued that the officers violated the Fourth Amendment because they exceeded the scope of the search warrant.

The court disagreed. While Merrell was correct that the Fourth Amendment requires a warrant to describe with particularity “the things to be seized,” the court stated that officers are not required to explain the precise manner in which search warrants are to be executed. Courts generally leave the “details of how best to proceed” with the execution of a search warrant to the judgment of the officers responsible for the search. Here, the warrant authorized the officers to search “the person of Roxanne Merrell, specifically body views and photographs of her hands.” The court concluded the manner in which the officers carried out the search did not exceed the scope of the warrant.

Merrell further argued that the photography process violated the Fourth Amendment because it was not reasonable for the officers to transport her to the police station or to touch her, in order to obtain the photographs.

Again, the court disagreed. Based on the totality of the circumstances, the court concluded the manner in which the officers executed the search warrant was reasonable. Even though the officers could have taken the photographs at Merrell’s house, it was reasonable for the officers to transport her to the police station to take them. In addition, the limited physical touching of Merrell was limited to her hands during a twenty minute period.

Finally, Merrell argued that photographing her hands constituted an unduly suggestive identification procedure that violated her due process rights.

The court held that the photographing of Merrell’s hands did not amount to an identification procedure because the photographs were not presented to an eyewitness for the purpose of identifying an alleged criminal perpetrator. Instead, the photographs were evidence obtained during the execution of a valid search warrant, and did not violate Merrell’s due process rights.

For the court’s opinion: http://cases.justia.com/federal/appellate-courts/ca8/15-3211/15-3211- 2016-11-18.pdf?ts=1479486669

United States v. Cook, 842 F.3d 597 (8th Cir. Minn. Nov. 22, 2016)

In the early morning hours, police officers on routine patrol saw an idling car parked in a high crime area. The officers could not determine if the car was occupied, and were concerned the car could be a target for a thief. The officers drove around the block, and as they approached the car a second time, they saw it contained two individuals. The officers parked behind the idling car, activated the “wig wag” setting for their vehicle’s emergency lights, and got out of their vehicle. As the officers approached the car, Cook rolled down the driver’s side window. The officers smelled marijuana and removed Cook from the car. The officers eventually arrested Cook and discovered marijuana and crack cocaine in the backseat of his vehicle. Subsequently, the officers obtained a warrant and found a firearm hidden in the car’s center console.

The government charged Cook with being a felon in possession of a firearm.

Cook filed a motion to suppress the firearm, arguing that the officers discovered the firearm after illegally seizing him.

The court disagreed. A Fourth Amendment seizure occurs when an officer uses “physical force or a show of authority” to restrain a person’s freedom of movement. The critical question is whether an officer’s actions would “have communicated to a reasonable person that he was not at liberty to ignore the police presence and go about his business.” In this case, the court concluded there was no Fourth Amendment seizure until the officers removed Cook from his car. By this time, Cook had voluntarily opened his window, and the officers smelled marijuana coming from inside his car.

The court noted that the wig wag lights activated by the officers are different from the full light bar which is used to notify motorists in moving vehicles that they are required to stop. Here, the officers activated the wig wag lights in order to identify themselves as police officers. Consequently, the court found that a reasonable person seeing the wig wag lights under these circumstances would have thought that he was still free to ignore the police presence and go about his business.

For the court’s opinion: http://cases.justia.com/federal/appellate-courts/ca8/15-3651/15-3651- 2016-11-22.pdf?ts=1479832258

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