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2 episodes with staleness
2 episodes with staleness
In this episode of FUT IN REVIEW, hosts Wimby and Shaq discuss the current state of FC25, reflecting on the return of the Tuesday Club and the challenges faced in the game. They explore the decline in player engagement, the effectiveness of the menu grind, and the impact of market dynamics on player value. The conversation also touches on EA's strategies, the role of playstyles, and the need for innovation to keep players interested. Overall, the hosts express a desire for more engaging content and a better gaming experience.Chapters00:00 Return of the Podcasting Duo02:25 State of the Game: A Recap05:28 The Menu Grind: A Double-Edged Sword10:33 The Staleness of Content15:24 Market Dynamics: Supply and Demand20:34 EA's Strategy: Evolution and Monetization30:54 The Evolution of Player Cards33:12 The Impact of Play Styles on Gameplay36:41 Market Dynamics and Player Value40:41 The Decline of Trading and Market Engagement44:45 The Loss of Fun in Gameplay Mechanics49:37 Accessibility vs. Depth in Gameplay55:38 Chemistry and Card Usability57:35 The Importance of Progress in Gameplay01:00:12 Engagement and Game Updates01:02:26 Content and Player Experience01:05:37 Community and Future Plans01:10:39 Player Reviews and RecommendationsJoin the Discord Server for Free! https://discord.gg/rzAjWezwr3 Check out our socials:X BlueSkyInstagram Questions: futinreview@gmail.comhttps://youtube.com/futinreviewhttps://www.futinreview.com https://patreon.com/futinreview
In this day and age, disagreeing with someone's take on a subject can lead to you being cancelled. unfortunately. but today we're going to talk about a take on sneaker culture that didn't quite sit well. tune in to find out.and as always with The UFG Podcast, you'll get your weekly sneaker drops and sports news. comment down below your thoughts and don't forget to like and subscribe!
Remember the thrill of picking out the weirdest horror flick from your local video store? This week, we're joined by our friend Brian on the Dumb, Cool, Weird Podcast for a hilarious trip down memory lane, recalling the campy charm of the Phantasm series. Listen as Brian shares his insights on the whimsy of these films and the nostalgic impact they had on our childhood. We share some side-splitting laughs about Bruce Campbell's agent's wise decision-making and chuckle over absurd moments like Reggie's infamous skullet and unexpected romantic blunders. Journey with us as we dissect Phantasm IV, a movie that delights with its oddball storyline and nostalgic special effects. We chat about the cleverness of B-list actors like Bruce Campbell and lament Hollywood's CGI addiction at the expense of originality. Expect an uproarious discussion on everything from interdimensional undertakers to time travel, and hear our amusing take on a convention mishap involving furries. If you're up for a playful jaunt through cinematic absurdity, laced with our funny disdain for certain subcultures, this episode is a must-listen.Support the show:
Because I cut my teeth in what most call the “Barnum & Baily Circus” side of ingestible CPG (aka the sports nutrition niche of the supplement industry), I'm very used to founders making “big things coming” proclamations. But that being said, I'm struggling to remember the last time I've felt this much pre-launch wonder/intrigue around a functional CPG product…with many competitors, retailers, and industry colleagues, reaching out to get my thoughts on David protein bars. Some of this could be attributed to that half-year “hype cycle” leaving many to wonder about the product details, but also that this is the categorical “second act” for Peter Rahal…who previously founded RXBAR, that exited to Kellogg's in less than five years for $600 million in 2017. But beyond talking through some of the most interesting moments of that RXBAR wild ride, Peter and I discuss some of the strategic lessons from that successful first “protein bar venture” that became iterative direct applications within the conceptualization of David. Moreover, we talk through how watching the protein bar market staleness of the last handful of years helped reignite that entrepreneurial spark (after trying his hand at being a venture capitalist). Also, Peter and I cover the new strategic approach at David…including which “drivers of demand” are most important, the remix inspiration for its visual identity, and the brand's bold long-term strategic narrative. But these are just some of the interesting topics we chatted about in this episode... FOLLOW ME ON MY SOCIAL MEDIA ACCOUNTS LINKEDIN YOUTUBE TWITTER INSTAGRAM FACEBOOK --- Support this podcast: https://podcasters.spotify.com/pod/show/joshua-schall/support
Happy Summer Everyone! Today we are talking about the topic of staleness in your marriage. How does it happen? Why does it matter? If we're already stale is it possible to change? We're passionate about having thriving marriages that bring joy and excitement. We don't think that has to be reserved for the "honeymoon" years. Excitement and adventure in your marriage is a lifetime pursuit that brings us to higher heights. You think your past was great? It's no where compared to where you are going! Want to connect on a deeper level and also get FREE resources? Check out our linktree
This week, join Peter and Chris as they deep dive into the eighth track on the Wraith's exhibit of Shangri-La - "Thy Staleness" Sit back and listen as they talk about analyzing handwriting, discuss killer klowns (holy shit), talk about who the real neck cutta is and tackle important topics like the use of the word "stale" in juggalo vernacular. They also review the Fritz remix! And listen to your voicemails! And Merch Madness is in the air on all of our Socials! The LinkTree can be found at https://linktr.ee/juggalorwd. Otherwise here are all of the important links - Twitter/X: @JuggaloRWD IG: @JuggaloRWD Facebook: @JuggaloRWD TikTok: @JuggaloRWD Threads: @JuggaloRWD The website is www.JuggaloRewind.com. Join the ICPWWE Discord and talk to other listeners and podcast hosts about juggalo nonsense. Email at juggalorwd@gmail.com or call or text at (810) 666-1570. Additional music provided by Steve O of the IRTD. Voiceover work provided by Christmas. Instrumentals borrowed this season from Clownstrumentals. The Rewind is forever powered by the 20x20 Apparel and is a part of the UPC (Underground Podcast Community). All music played is owned by the respective publishers and copywrite holders and is reproduced for review purposes only under fair use. #ForTheJuggaloCulture #RewindFitness #ItsOKNotToBeOK #WraithRewind
In episode 2 of the Norwegian Method Podcast, Olav and David discuss the all aspects of planning in a season. This episode follows on from the fundamentals discussed in episode 1 and will serve as a primer for the upcoming episodes on training and racing. (00:00) Introduction (01:07) Testing (02:12) Bridging the Performance Gap (02:57) Periodisation (04:20) Testing for an Age Grouper (06:03) Limitations of Lab Testing (11:29) Testing without a Metabolic Lab (14:07) Olav's Approach to Metabolic Testing (16:20) How Mettabolic Testing in Lab plays out in the Field (19:27) Calibrating Technology with Feel (20:14) Building a Season from Testing Data (22:00) Understanding your Profile as an Athlete (24:25) MLSS and Time to Exhaustion, their Importance & Relationshup (25:37) “Putting a Dent” in the Power or Velocity Profile (27:58) Planning and Training with a Flat Profile (31:57) How Often Should Athlete Retest Their Profiles? (42:33) How Does Testing Frequency Impact Programming? (44:29) Programming and Staleness, Avoiding Mistakes in your Profile too Far from Race Day (49:45) How Long Should Training Blocks be? (54:15) Timeline for Improvement of 2hr Power vs 5min Power (59:54) Importance of Not Training to Exhaustion (63:24) Prioritisation in Training (64:14) Motivation in Training (68:37) What Factors Impact Microcycle Length (74:38) The Power Law (88:37) The Importance of Thinking About the Future We know that some of the concepts covered here may be a little confusing so please do send through any questions you have to @santaratech on instagram, via email to info@santaragroup.com or use the Q&A feature on spotify if that's where you are listening. Thanks to the sponsors of the Norwegian Method Podcast: VO2Master To benefit from our unique offer for a Free Assessment Kit with the purchase of an Analyzer Kit from VO2 Master, head to www.vo2master.com and enter code: "OLAVMETHOD" during checkout (Available for Online Orders Only). Discount valid from January 4, 2024 – March 31, 2024 only. Find VO2Master at: Website - www.vo2master.com Instagram - @vo2master Facebook - vo2master Twitter/X - @vo2master YouTube - vo2master LinkedIn - vo2-master Maurten To benefit from the one-time code and get 20% off the Maurten 1/52 Collection, simply add the 1/52 Collection to your basket at Maurten.com and enter code "TheNorweiganMethod2" at the checkout. Discount valid from 18th Jan 2024-25th Jan 2024 only. Find Maurten at: Website - www.maurten.com Instagram - @maurten_official YouTube - Maurten Official - YouTube Plasmaide To try Plasmaide go to the Plasmaide website and use code NMP25 for a 25% discount on Plasmaide products. Find Plasmaide at: Website: www.plasmaide.co.uk and www.plasmaide.com.au Instagram - @plasmaide LinkedIn - Plasmaide Facebook - Plasmaide Graphic Design by Georgia Humphreys Introduction by Santara Studios Produced and Edited by David Lipman
Michael Penfold preaches on freshness in worship when the church is gathered to break bread. Worship should be marked by preparation, devotion, appreciation, variation, perception and continuation. Reading: Lev 1:1-17, 6:8-13. (Message preached in Chalfont St Peter, 13th Aug 2023) The post Staleness or Freshness in Worship? (23 min) first appeared on Gospel Hall Audio.
T Lo recap the "Chapter 3" episode of "And Just Like That" outlining the ways in which the characters are starting to feel more recognizable and the ways in which they're not. PLUS: A deep dive into season 2 of "The Bear" and how it showed the beauty and pain of growth as well as the self-sabotaging by those who can't seem to do it.This show is part of the Spreaker Prime Network, if you are interested in advertising on this podcast, contact us at https://www.spreaker.com/show/5885004/advertisement
Timestamps 0:00 Introductions 1:20 Current Feelings of Overwatch 2, Six Months In 23:35 Stacking... Again! 36:07 Staleness & The Downside of Years of Overwatch History 48:50 Expanding Overwatch Beyond Ranked 1:06:30 News On Microsoft Acquisition 1:24:34 The OWL x Contenders Pro AM 1:42:14 Concluding Thoughts & Looking To Season 4
Joe and Matty plan a trip to South Bend to watch Pitt-Notre Dame. We also react to reports of a possible Mike Tomlin contract extension and finish off with What's Cookin'
Rece Davis rides solo today with Pete Thamel ailing on the sidelines. Rece discusses his feeling riding into Sanford Stadium on Saturday, Georgia putting Tennessee in its place, Stetson Bennett IV being Georgia's heartbeat, Brian Kelly's official adoption by the LSU fam-uh-lee, the interesting dynamic and power structure in the SEC, Alabama and Clemson looking stale, and TCU succeeding after addressing its own staleness. Learn more about your ad choices. Visit megaphone.fm/adchoices
Rece Davis rides solo today with Pete Thamel ailing on the sidelines. Rece discusses his feeling riding into Sanford Stadium on Saturday, Georgia putting Tennessee in its place, Stetson Bennett IV being Georgia's heartbeat, Brian Kelly's official adoption by the LSU fam-uh-lee, the interesting dynamic and power structure in the SEC, Alabama and Clemson looking stale, and TCU succeeding after addressing its own staleness. Learn more about your ad choices. Visit megaphone.fm/adchoices
If I walked into your restaurant a year ago and then again today, what would be on the walls or hanging from the ceilings from that visit a year ago? How STALE is your internatl marketing? For more information on us and how we could help transform the marketing for your indepdenent restaurant, CLICK BELOW. www.americasbestrestaurants.com/stats & www.mattplapp.com
Not to make it a big deal of it or anything like that, but ILS is back! Season 4 is here and Vero and Ricardo are ready to dish up some fresh new episodes. With this season, we're taking a spin on the topics and throwing in some food and randomness to boot. We touch of what it means to talk, see each other, and actually date. We also touch on if social media nowadays feel really stale. Lastly, we close it out with a classic segment and end with our picks for Good Looking Out!! Tune in now!! Love the podcast? Like, share, and write a review on iTunes! It means the world. Follow us here IG/Twitter: @spanglishpod, @verofuerte_ , @mexican_natsu https://www.facebook.com/SpanglishPod/ https://www.youtube.com/channel/UCcHL3xurU1VhJcdnhp4raMw Cover Art By: kitsunekei1 (Fiverr)
DOPEamine | Mental Health Support For Creative Professionals
In this episode of Dopamine and Other Happy Chemicals, Christian Rivera talks about creative staleness, stuckness, and reluctance in our processes using the process Enneagram and what he calls The Creative Process Enneagram. Inspired by The Nine Sided Circle YouTube channel: https://youtu.be/pApYndFoHmY ------------------ Podcast Version at http://www.anchor.fm/happychemicals INTP Personality Type Courses: http://www.happychemicals.org Support on Patreon: http://www.patreon.com/happychemicals Personality Hacker Personality Test: https://ca157.isrefer.com/go/phpt/letsgocnote/ Truity Labs Test: https://www.truity.com/?a=3234637 ----------------- Dopamine and Other Happy Chemicals acts as an online journal for Christian Rivera, an INTP and Creative Director, who is sharing his personal growth experience for others to learn from. I talk about personality, Myers-Briggs, the work of Carl Jung, Ram Dass, Sadhguru, Alan Watts, The Enneagram, Depth Psychology, Archetypes, Mental Health, our chemical experiences, the collective unconscious, shadow, ego, and self. --- Send in a voice message: https://anchor.fm/happychemicals/message
In her first book, ‘Too Migrant, Too Muslim, Too Loud,' Australia's first senator of Punjabi heritage, Mehreen Faruqi, talks about her journey as a political outsider fighting for her rights and the rights of those like her – people of colour.
In this episode Ecore and Venga discuss the meta and some broken cards. There is also discussion about the state of Twitch vs.YouTube.ECORE100 - YouTubeWatch the episode on YouTube- Top Decks- Meta sort of stale already?VENGADRAGON - YouTubeWatch the episode on YouTube- Why is Ecore and Venga streaming on YouTube?Your comments are always welcome and are great to let us know what you want us to talk about.
In this episode I discuss the idea of the game being stale. Do I agree? I also give ,y thoughts on how Rare could spice up our pirate lives.Support the show (https://www.patreon.com/davrimtv)
Charlie and Zealeus give you another weekly dose of their Thursday Night show: The shortcomings of how OWL currently exists The Strengths of MOBAs vs. FPS (First Person Shooters) Charlie's take on the Netflix series Locke & Key The approach of MomoCon MajaNation's amazing art You can follow Altered Confusion Twitter: @alteredconfusio Facebook: Altered Confusion YouTube: AlteredConfusionLLC Instagram: @alteredconfusion Patreon: Altered Confusion
Daniel McCoy of Renew.org interviews Jon Sherwood on ways to overcome staleness in your personal Bible study habits and experience God's word as a light to your path.
Staleness is among the worst labels a business can receive. In an industry predicated on creating captivating visual experiences like Pro AV, this is especially damning.Content creation is what separates AV providers today. Consumer expectations have changed rapidly, and it is now not enough to just be big and bright.In a speech this month at the AVIT Summit, OpenEye Global Founder and CEO Bryan Meszaros explained why content is king.“Clients are asking for design, and I don't think [AV providers] are putting enough value on design services, or one quote I've seen where they'll just pass them on to the guy who knows how to do graphics and think that suffices,” Meszaros said. “The reality is that's not matching the expectations of the clients anymore.”The ecosystem of the AV system today is collaborative, which can be challenging to some firms but leads to higher-quality end products.“The days of clients looking for the one-stop shop are gone,” Meszaros said. “I think clients are getting wiser and realizing collaborative efforts or ecosystems or however you define it, that's the norm.”As the world becomes more inundated with visually captivating and stimulating technologies, content will continue to be a differentiator.For the latest Pro AV news, head to our industry page! Follow us on Twitter @ProAVMKSL for up-to-the-minute updates as well! Join the conversation on our Market Leaders LinkedIn Group!
Photographers David Patino and Ashton Staniszewski talk with Photographer and professional human, Dan Almasy out of Atlanta, Georgia. That's right, another week, another "Dan" on the podcast! We chart Dan's creative journey from his start in fine art to a decade long stint in wedding photography and how a little motivation from a mentor became the jump start to his wildly creative portrait work. We also talk through inspiration, investing in other creatives and the perils of becoming "old" photographers. It's surely one you don't want to miss! Check out Dan's work! www.danalmasy.com Dan Almasy on IG | @DanAlmasy Like the podcast? Give it a like and share it with a friend! Connect with the Office Hours Team on social! @davidapatino @ashtonstan @katieolantukh Show Music: "East Side Bar" by Josh Woodward
Burnt Out to Lit Up: Healthcare, Stress, Burnout, Wellness, Self Care
If you’re not learning, you’re dying. If you’re not growing, you’re shrinking. If you’re not moving forward, you’re moving backward. There is no in-between. Staleness is not a middle ground, it’s a sign that you are dying, shrinking, or moving backward. In this episode, we talk about how important it is to cultivate a culture of learning in your workplace. No matter what your role is, you can and should advocate for your fellow coworkers to better themselves as much as they can through the best courses. We use Medbridge, they have a phenomenal library of content where you can get all your compliance needs met in one place. $175 off yearly subscription for CEUs through MedBridge https://www.medbridgeeducation.com/joy-energy-time or use code JOYENERGYTIME 10 Workplace Wellness Ideas in Healthcare for Little-No Cost https://joyenergytime.mykajabi.com/workplace-wellness 12 Question Employee Engagement Survey https://joyenergytime.mykajabi.com/workplace-wellness Show notes https://www.joyenergytime.com/five-ways-to-cultivate-a-culture-of-learning-at-work/
It's really important to find a rhythm that allows you to continue to progress in your health and fitness over time. All too often I see people try to pick up 'working out,' as if it's just a fad that they want to give a shot at. The reality is, this needs to be a lifestyle! Also, I mentioned more information about a deload week. I discuss this in much more detail in my ebook. Just feel free to email me at chadk@pr1memovement.com to receive it!
I speak with Kealy on what it is to keep a steady growth in the city. How this affects relationships, dating and everything in between. Thank you so much Kealy!!! follow me on facebook: https://facebook.com/couponqueepin001 Check me out on YouTube: Coupon Queen-Pin Find more information and deals on the website https://gadgitgyrl001.wixsites.com/couponqueenpin --- Send in a voice message: https://anchor.fm/cqpmoments/message Support this podcast: https://anchor.fm/cqpmoments/support
I See My Life Thru Infinite Spirit Infinite Spirit I Am (your name) realwising I now see taste hear smell and touch my life thru my eyes and ears of accomplished outcomes feeling… My magnetic trust of the inaudible inspirations unconquerable willpower to expand my life hearing my winds of wisdom exhilarates my terra incognita… Imagination of my unexplored universe unclenches my fresh inspired visionary éclat’s unleashes my innate lore revering enlightenmint conceding… Respecting and admiring I am spirit dissolving my attachment to my self taunting humanoid harassing worries that scurry through my minds… Of ancestral attachments that bonds me to my human ways of strife trying to figure everything out all went away because I illuminated all my shadowy… Staleness realizing and conceding my humanness had me caught up in my societal administrated thinking mesmerized my despising knowing that… I have to know before I go on my new voyages of virtuosity that illuminates my intrinsic fortes opens me out to realize the wise of surprise unrestrained… Audacious willpower and valiant wisdom daylights bright spiritual enlightenmint feeling my sweet neat natural enterprising attitude titillating… My innate intrepid numen nous actuates trendsetter electric energies turning on my powerhouse poise and innovative prowess
Host Boyd Hilton is joined by Alan Alger, Gilad Kestenbaum, and Charlie Eccleshare to chat about upcoming game at Liverpool. Footballistically Arsenal is backed for the season by Ladbrokes. 'Bet £5 Get £20'. If you deposit £5, Ladbrokes will add another £20 to your account. You can get this offer by following the link at bet.arsenalpodcast.net @arsenalpodcast arsenalpodcast.net Produced by Josh Landy Engineered by Joe Mason A Playback Media Production playbackmedia.co.uk
Host Boyd Hilton is joined by Alan Alger, Gilad Kestenbaum, and Charlie Eccleshare to chat about upcoming game at Liverpool.Footballistically Arsenal is backed for the season by Ladbrokes. 'Bet £5 Get £20'. If you deposit £5, Ladbrokes will add another £20 to your account.You can get this offer by following the link at bet.arsenalpodcast.net@arsenalpodcastarsenalpodcast.net Produced by Josh LandyEngineered by Joe MasonA Playback Media Productionplaybackmedia.co.uk Our GDPR privacy policy was updated on August 8, 2022. Visit acast.com/privacy for more information. Learn more about your ad choices. Visit megaphone.fm/adchoices
Subject: Sunday AM Speaker or Performer: Pastor Donald Sheerin Scripture Passage(s): Mark 6:6 Date of Delivery: August 6, 2017
Venerable Cunda speaks on the perils of becoming stale in one’s practice and losing a sense of the beginner’s mind. He reflects on skillful ways of perceiving our everyday experiences which help us keep our practice fresh and interesting. Two ways we do this are through questioning our perceptions and witnessing the instability of all experience.… Read the rest
For Episode 2, Aladdin and Kunta sit down with Simonez Wolf - doorman of Le Bain, former doorman of The Beatrice Inn, co-founder of Madame Wong's and now co-owner of Football Cafe FC. Be sure to check out www.gobunga.com/simonez_wolf.html for more info. Show Notes - Introduction (00:00) - Talks Origins in Paris and His Childhood (02:20) - Talks Moving To London (05:30) - Start As A Stylist and Moving to NYC (09:11) - Introduction to NYC Nightlife Scene (12:55) - First Pop-up Nightclub: Le Baron @ Miami Art Basel in 2004 (13:45) - Opening Of The Beatrice Inn (15:00) - Asked To Be Doorman At Beatrice Inn (15:45) - Describes Concept of Beatrice Inn (17:30) - Organizing Sunday Nights At Beatrice (18:30) - Going Against Trends of The Time in Nightlife (22:50) - Initially Getting Turned Away From Clubs (23:30) - Describes Decor/Vibe Of Beatrice Inn (25:30) - Legacy and Closing of Beatrice Inn (28:30) - Paul Sevigny's vision and what made him so influential (30:10) - Matt Abramcyk Background (33:00) - Andre Saraiva Involvement In Beatrice (33:20) - Lessons Taken From Co-Founders of Beatrice (33:50) - Taking On A Doorman Mystique (35:00) - Current "Staleness" of Manhattan Nightlife (36:00) - The Rise and Influence Of Brooklyn on NYC Nightlife (37:40) - Life After Beatrice And Transitioning To Tuesday Night Party @ Avenue (42:30) - Simonez’s Friend Bottle Service Stunting At Avenue (45:00) - Working at Baddies in West Village (46:20) - Starting Pop-up party on 2nd Floor of Bowery Hotel (47:10) - Meeting Travis Bass And Starting Pop-Ups (51:10) - Birth of Madame Wong’s (54:15) - Surprise of Parisian Influence on NYC nightlife (56:20) - Lecturing a class at Yale on Nightlife (58:40) - Explaining Madame Wong (1:00:50) - More on Paris Stamp on NYC Nightlife (1:03:20) Part 2 (Live at Football Cafe FC) - Juggling Co-Running Madam Wong’s While Le Bain (1:06:45) - Andre Saraiva’s Role at Opening Le Bain in 2010 (1:10:00) - Programming and Vibe of Le Bain (1:13:00) - Starting Mercury Nights At Le Bain (1:14:30) - Starting Le Tuesday At Le Baron (1:17:00) - Discussing Past, Present, and Future of Le Baron (1:18:30) - Talks co-founding Football Cafe on 100 Forsyth (1:21:05) - Gives us Exclusive on His New Nightlife Offering and Future In Nightlife (1:25:40) - Simonez’s Doorman Formula (1:30:35) - Random white girl shows up (1:34:45) - No social media rule at Beatrice Inn (1:35:15) - Advice on how to get into clubs (1:38:10)
Podcast 9 Brad: Alright, you're listening to the FloridaDefense.com podcast hosted by The Bauer Crider & Parry Law Firm. We're speaking to Criminal Defense Attorney, Mike Kenny. Good morning, Mike. Mike: Good morning. How are you? B: Good. The past few weeks we've been talking about search warrants. We've kind of gotten into the technical ends of it. We talked about also search warrants on computers. Today's a little bit different. We're going to be talking about a specific case that you had to file a motion to suppress that evidence based on a search warrant, correct? Michael: That's right. Some years ago I had an individual that was arrested and charged by information, which is a charging document in the state of Florida, with possession of 20 counts of child pornography. This warrant was executed kind of like we talked about last time, in relation to a search warrant on a computer. The agency involved made a determination that there were known images of child pornography going to a particular IP address. They determined that the IP address owner - the company that had the IP address was a particular company, so they sent a subpoena out to that company to get the name of the person whose account the IP address was listed to. And then they go that person's name, they got that person's address, and the law enforcement agency went to a judge and got a warrant to search this individual's computer; essentially his home and all the computer items in the home. The search warrant was executed and the individual was inside the home. The individual was arrested after certain images of child pornography were found on the computer. When I say certain - numerous amounts at a minimum of 20 which is what the state ended up charging him with initially. And then the person came to hire me. So what I do, in a case where I know that there is a search warrant, the first thing that I want to do is look at what that search warrant says and then I want to look at what's called the curtilage curtilage to the search warrant. So the search warrant is the actual warrant from the judge. The actual document that the judge gives to the police officer saying "you may search this home" and I review that warrant because I want to make sure that everything in the warrant was followed. As I said before last week, search warrants are written with great particularity. They tell exactly what is allowed to be searched and where and all of that. So you want to check that first to make sure it's not too vague. You want to make sure it meets Constitutional muster, let's say, and all the rules were followed. And then, what I think might be even more important than the search warrant is the affidavit for search warrant. The affidavit for search warrant, as the first name implies, the affidavit is the statement under oath from the law enforcement officer outlining the reasons why he believes evidence of a crime is going to be found in this particular home, this particular address. So what a law enforcement officer has to outline in an affidavit for a search warrant is A that a crime is committed and that he believes that evidence of that crime is gonna be found here and he's got to tell the judge why. So I reviewed this affidavit and I noticed a couple of things that probably immediately jumped out at me. I would say the first thing that jumped out at me, what I read in the affidavit was that the images when the officers were initially doing their search - not the search but the internet gathering before they actually get the warrant - I noticed that during that period of time, the person, my client lived at a different address. He lived at one particular address in an apartment community and all of the images that the law enforcement officers had which they determined were going to a particular IP address were going to this one house or this one apartment. Some time had passed and then the law enforcement officers went to secure a warrant and they realized that during that period of time my client had then moved to a new address. Law enforcement officers went and secured the warrant. They didn't do any additional searches or any additional internet gathering. They just asked the judge for the warrant and then they went and executed the warrant. So why does that matter to me? Why does that jump out at me? Well, because the first thing that you have to understand is that the probable cause question is probable cause that evidence of a crime will be found in the place. A person may have committed a crime, but you're not really getting the warrant to arrest the person, you're getting a search warrant. You're getting a warrant to find evidence. So if a person moves from one location to another location, one very obvious question might be, "where is the belief that the evidence will still be in this new place? Why would we believe that it was transferred from one place to another? There's a lot of other questions that come after that but that's the first one that may come to mind. The other thing that I noticed was the way the warrant was written, and I think it was written this way because there was no other way to write it, but the way the warrant was written, it was saying that unknown persons in a particular county were downloading images of child pornography. It specifically said, "the information leads the affiant to believe that a computer or other digital media capable of securing internet access of the above described premises residence curtilage or related vehicles thereon was knowingly used by unknown person (and it even has a forward slash and an s) as the instrumentality of a crime or means by which a felony was committed. So that word "unknown persons" just jumped out at me. Because what is that essentially saying? Well, that's saying that at this point there is no evidence or information that the law enforcement officers have to believe even who the person is downloading the images. And that obviously makes sense, because all you get when you get an IP address is a person who has an account. And as I said last week, tons of folks have access to computers where multiple users maybe using that computer. So that was one other thing that jumped out at me. And the last thing that jumped out at me, which may have been the most crucial in everything is what jumped out at me after I started reading the police report. What I learned from the police report is that the judge allowed the officers to search the home and when the officers went to search the home, they realized that that particular person wasn't there. Now, in my experience in doing this for quite some time is that when law enforcement officers are going to search a house, search a house for drugs, search a house for possession of child pornography, really search for anything, they really would like to do it when the person is present. They don't have to do it when the person is present, they can break down the door and execute the search. But they want to do it when the person is present because they usually want to catch the person off guard and they usually want to catch the person either in the act of the crime or where the person is in the position where he might admit to being involved in a crime. So that's one of the situations that happened here. Law enforcement officers determined that he wasn't present and they had an expectation that he'd be back at another time. And that time was beyond the then days, and I'll tell you in a minute why that's so important. Beyond the ten days that the warrant was issued. So ten days expire, law enforcement officers go back to the judge and get another warrant to search the same residence and they used the identical, the identical meaning the exact same affidavit they provided the first time. They didn't use any new information. They didn't use any follow up details. Not one word was different. It was literally a photocopy. Then they went back and they executed the search warrant, found my client in the home, found several images on the computer, and my client was arrested. So, we have three huge things going on right here. So when I found out that in the police report that a second affidavit was prepared and a second warrant was obtained, I obviously got both affidavits, both things that were submitted to the judge. And I sat there and I looked and I said, "wow, these affidavits are identical." And there's a reason why this matters. In the State of Florida, in most cases there is a concern about staleness. Staleness is, as the term implies, something getting too old. In Florida, ten days is the time limit a person has when a judge authorizes them to execute a search. And after that ten days, the information is legally, by as a matter of law presumed stale. So, the law enforcement officers got a warrant to search this house. Ten days had expired and then they went back and they provided the judge with the exact same warrant they showed before. So, the first thing that goes off in my mind is, "well, if as a matter of law, the facts that were provided to the judge are now stale, meaning no longer sufficient to justify the search of the residence, you can't provide the same exact facts to search the residence again. You have to at least provide something new. At least throw another word in there. Do something. But these folks didn't do that. They took the same exact affidavit and just made a photocopy. They got the same facts and the judge issued a warrant again." And I'll tell you one of the trickiest parts in a search warrant case is the fact that a judge actually issues a warrant. We have protections. We have protections from unreasonable searches and seizures and a warrant issued by a judge is considered a very high indication that those rules are followed and that person has been subject to a reasonable search. That's because a judge actually looks at the facts and makes a determination, believes there's probable cause, and issues it. So it's very hard, my experience has been it's very hard when a search warrant has been issued, that you can get - that you can win a case. That you can get a judge to actually suppress evidence and say, "no, I am going to suppress everything that was found." And suppress meaning, "I'm not going to let the state use any of the images in evidence because I don't believe there was probable cause." Because we don't expect - when I say "we" - judicial system in general; courts, lawyers, judges - nobody expects law enforcement officers to think like judges. And we don't hold them to that same standard, so if a judge issues a warrant, it's presumed valid and a search is presumed valid. So that's why it's so difficult to get a court to say, "no, I'm going to find that the search was unlawful and I'm going to suppress all the evidence found." Because presumably you have it signed off on by a judge. But in this particular case, it struck me that the law in the State of Florida is that after ten days the evidence is no longer considered enough to support a search. And the reason why we have that ten day requirement is the whole point of a search warrant is that you are telling a judge that you believe under these facts and circumstances that evidence of a crime is going to be found in a particular place. So as sort of like a bright line rule, a way to catch these searches that go on maybe in perpetuity, that happen months and months later and disrupt the lives of folks when they shouldn't needlessly, they said ten days. If a judge says you can search the house, you must search that house within ten days from the time the issuance of the warrant. And in this particular case, the ten days expired and then they went back in and provided the same exact affidavit. So, that's one thing I thought. I thought that this may be an issue here. Going back to the unknown persons, what that tells you right off the bat is that they don't know who the person is, and I wouldn't expect them to know who the person is just by finding an IP address like we were talking about. So why does that matter? Well, in this particular set of circumstances, we have the facts were that the person was using a wireless account. A wireless internet account, which everyone talks about it now and probably everyone has access to things like wifi, and in that particular scenario as probably everyone knows who uses wifi, any phone any computer if you're within the signal range can actually use that particular IP address. When you go to Starbucks and you have your coffee and you use your computer and you use their wifi, all the work that you are doing on that computer looks like it's going to that particular IP address. And why does that matter in a case such as this? Well, if you're living in an apartment complex where there are numerous apartments right next to each other, and you have an unsecured line, meaning you don't have to type in a code to get onto the wifi, it's potential that your neighbor could be downloading images using your IP address right next to you. I mean, I can't tell you how many times when I used to have my iPhone set on search for networks or request to be signed up on networks, I'll be driving by on my street in my car and as I pass houses by, things will pop up. Do you want to join this network? Do you want to join this network? So I know that there's a range that these wifi systems have that go beyond the physical boundaries of the house. So that's a legitimate concern. If in this particular situation, it was a neighbor that was downloading these images and my client then moves to another home, how can the officer outline reasonable facts to indicate that they believe evidence to a crime will be found in this new home when he might not even have been the one downloading the images? So that was another major issue that popped up. And the fact that all the evidence that the officers found prior to getting a search warrant was when he was going to an IP address when he was living at this other address. So that was significant. So in this particular set of circumstances, my client is charged with 20 counts of possession of child pornography. These types of crimes are very very serious, as probably I don't even need to tell you. And they carry with them very strict penalties. So this was a case where my client was looking at a particular amount of time in prison. And after reviewing the case and reviewing the search warrant, I had some serious concerns about whether or not this was in fact a legitimate search warrant. So, I made a decision with my client after going over all the facts, to file what's called a motion to suppress. A motion to suppress is a document where you challenge the reasonableness of the search. What that entails is that you say that there's been a violation of my client's 4th Amendment. And the 4th Amendment has basically this rule saying that there will not be unreasonable searches and seizures as we've talked about before. But a rule is no good if it doesn't have any teeth. That's a double negative, and I apologize, but that's the easiest way to say it. If there isn't any teeth to this rule, no one is going to work really hard or very diligently to make sure that your rights are preserved. So the US Supreme Court years and years ago came up with a basically a penalty if the 4th Amendment was violated, and that's called the exclusionary rule. The exclusionary rule to the 4th Amendment says that if a person executed a search and violated a person's 4th Amendment right, any evidence found from that search - that illegal search - will be suppressed. Suppressed meaning the prosecutor will not be allowed to use that evidence in court. So what does that mean in a possession of child pornography case? Well, that means all of the images that law enforcement found on the computer, if the court made the determination that it was illegally obtained, would suppress all of those images and there would be absolutely no evidence that the prosecutor could present that a crime was committed. Which, long story short, means the case would be dismissed. So we filed this motion to suppress and we brought up the issue about not being able to identify the person in the warrant, so there's really no way you can transfer probable cause was my argument from one house to another house. Just because my client moved there, if you don't know who the guy is downloading the images, why would you search that new house if you don't know it's my client downloading the images? Because if you don't know it's him, you don't know he's bringing those items to the new house. That's the law enforcement way to try and get around that is what they indicate is the people who download these types of images carry these images on them. They value them highly and they take them with them wherever they go. They usually have them on them, so that argument might make sense if they could say it was my exact client who was downloading the images. If he moves from one house to the next, they could probably still tell the judge, "judge we believe evidence of a crime will be in that house because we know he was downloading images in this house. And he then moved from this house to this house. Logically, he's still gonna have it on him, because we know from experience that people like this tend to keep these images on them. They cherish them. They don't destroy them." That kind of thing. That presumption works if you can identify the person downloading the images. The problem is you can't identify the person with just an IP address. So if you can't identify the person, the presumption is utterly meaningless. One guy moves from one house to the next, why would you want to search his house? If you don't know he's the guy downloading it, how do you know it's there? How can you even say that you have a good faith basis to believe it's there? You might have a hunch, but search warrants aren't based on hunches. So that was one very compelling argument, but I would say that the argument that probably ruled the day was the ten day expiration. In that set of circumstances like we talked about, law enforcement had an ability to execute the warrant within ten days. They did not. They probably could have gone back to the judge and maybe said, well cancel this warrant out. This information is probably still relevant but we just want to get it at another time. They could've written the affidavit with new information. They could've put something in there, but instead they just used a carbon copy of the original affidavit. And if it's presumed stale legally, my argument to the court was it can't possibly be revived just because a judge looked at it a second time. 20:35 In the end the judge agreed. And the judge made a finding that the search was illegally performed, that there wasn't probable cause for the search, and all of the evidence was suppressed. Now there's a catch all that law enforcement officers have and it's called the good faith exception. I was kind of eluding to it a little bit earlier. And that's really why search warrants are so hard to beat in a lot of instances. There's this good faith exception which basically says, "listen, the whole reason we came up with this exclusionary rule - this rule where we suppress evidence - was not to give guys who are committing crimes this get out of jail free card. That wasn't the idea behind it. The idea behind it was to punish bad police behavior because it occasionally happens. And we want to make sure that law enforcement officers follow the rules. So this good faith exception is designed to say that if the officer is just simply following what he believed was a good search warrant - issued by a good search warrant - then he is not going to be and he is not been found to have acted unreasonably or illegally, then he is not going to suffer the punishment. When I say he, the government is not going to suffer the punishment of there being a failure in the warrant. And that good faith exception means that if the officer acted reasonably, the search could still be considered valid and all of the evidence would be legitimate and used against my client. And that was my biggest concern, that the court was going to say, "listen this was a warrant signed by a judge. The officer believed he had a warrant signed by a judge and he went and executed it. He didn't do anything wrong." And that's generally the case if there's a warrant signed by a judge. But in my research I found there are certain ways to avoid that good faith exception. And the good faith exception is when there is absolutely no probable cause. When the probable cause provided is so lacking that a reasonable officer would realize that there's an issue and he still goes forward with it, he's not going to be protected by that exception to the failure of actually having probable cause in the warrant. And the argument that I made to the court in this particular instance was that the officers know that you have this ten day rule and after ten days the warrant is dead. They have to know that once the warrant is dead, providing the same exact information for a dead warrant can't possibly revive it. It's not reasonable to believe that it would. The court agreed and as I said, the evidence was suppressed. And that wasn't the end of things, of course, because when a court suppresses evidence, the state is given an option of they have 30 days from the time of judgement to file an appeal and have the appellate court, in this instance the District Court of Appeal, review the facts, review the transcript from the hearing, and review the arguments from the case law from the lawyers, and determine if the court got it right. So in that instance I was involved in an appeal. The state appealed, we were lucky enough to win that appeal as well, so the District Court affirmed the trial court's ruling and in the end the case was dismissed by the state. Not only was it dismissed, because my client met certain standards - he'd never been convicted of a crime before in the state of Florida, you can have cases expunged, meaning all record of it is destroyed. And because my client wasn't convicted of anything in this particular instance, I had the case completely expunged. I will tell you that that doesn't happen every single time, but it's never gonna happen if somebody doesn't pick up that search warrant and pick up that affidavit and start doing the research and investigating that they need to to find out where there's a weakness. I think in this particular case, there's a lot of folks who were arrested for child pornography during a particular sting and I think there was a rush to just try to get as many folks as they could in. I think there were some mistakes in law enforcement in putting this affidavit and case together and that's something that ended up working to have this case dismissed. B: So, just importantly, if for some reason you are - a person is arrested, they need to really contact an experienced attorney like you guys' firm there to make sure that you're looking at all of that evidence or not all the evidence but yeah all the evidence that they are submitting to the courts, correct? M: Well, it's exactly correct. The idea is, just like people don;t think every single doctor is the same, not every lawyer is the same. There's people have varying levels of competence, varying levels of experience. Some people are very very good and some people may not be so good. I believe that probably every single person who gets arrested, everyone wants the best lawyer that they can have. That comes to doing some research and finding out what lawyer it is that you think you need and what particular areas of law that you need and whether or not he has the experience, the capability, and the confidence to handle the case for you. Something that helps that out is what the State of Florida has called Board Certification. My firm, we have three partners who are Board Certified in Criminal Trial Law and that means that we are experts in Criminal Law. We're the only folks who get to say we're experts, and we're the only folks who get to advertise as specialists in a particular area of the law, which is criminal law. B: Alright, Mike, in closing what kind of advice would you give someone if the authorities show up at their house with a search warrant? M: The advice is cooperate. I don't mean sit down and have a conversation and tell this person your life story who is searching your house. What I mean is get out of the way because they are authorized by the law even if the warrant is bad, if the officers come in and they have a warrant to search, they're going to at least get to do that search. Fighting them and stopping them isn't going to be very helpful. Get out of the way. Pick up the phone. Call a lawyer and find out what needs to be done to defend you if something is going to develop. I will tell you that the worst thing that happens is when the search warrant is executed the officers may want to have a conversation with a person and that's probably the most vulnerable time a person has. He's caught off guard, he doesn't really know what to expect, and he just starts talking and answering questions which he may think is helping him which later turn out to hurt him. B: Alright. Anything else, Mike? M: No, thank you very much. B: You've been listening to theFloridaDefense.com podcast sponsored by the Bauer Crider & Parry Law Firm.
Staleness is death to life, relationships and your business. When things get to be the same old, same old we wind up on a downhill slide that can be hard to stop. Kari Loya, author of My Top 40 at 40: Making the First Half Count, A Modern Man’s Story Collection has some great insights into how you … Read more about this episode...
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