Free Republic

-snip-Justice Scalia writes, for instance, that he has little use for a central precedent the Obama administration has cited to justify the health care law under the Constitution’s commerce clause, Wickard v. Filburn. In that 1942 decision, Justice Scalia writes, the Supreme Court “expanded the Commerce Clause beyond all reason” by ruling that “a farmer’s cultivation of wheat for his own consumption affected interstate commerce and thus could be regulated under the Commerce Clause.”… Justice Scalia’s treatment of the Wickard case had been far more respectful in his judicial writings. In the book’s preface, he explains (referring to himself in...

The Chicago mayor on Friday plans to back a proposed ordinance that reduces the penalty for possessing small amounts of marijuana within city limits. Emanuel said the change could free up cops for more serious crime and save the department about $1 million. -snip- The mayor's office notes there were 18,298 arrests last year for possession of less than 10 grams of cannabis. Each case needed four officers to arrest and transport offenders, not to mention tax dollars to incarcerate them. McCarthy, who seems to have warmed to the idea of some decriminalization, said last year's arrests tied up 45,000-plus...

Court of Appeals in Virginia gives police a free hand in setting up roadblocks to search motorists not suspected of any crime. Police in Virginia may block off roads to search and interrogate motorists as long as a vague "plan" is filed in advance, the state Court of Appeals ruled last Tuesday. Michael Anthony Desposito challengednged his May 27, 2009 arrest at a checkpoint run by the Hanover County Sheriff's Office on the ground that the department allowed its officers to run open-ended roadblocks in violation of the Fourth Amendment. Though Fourth Amendment prohibits unreasonable searches and seizures, the Virginia...

Within the next two weeks, the public will know exactly what George Zimmerman, in his own words, told authorities about the night he shot 17-year-old Trayvon Martin. -snip-Among Lester's other rulings: "Tests" performed on Zimmerman, likely referring to a voice-stress test performed by police, the rough equivalent of a lie-detector test, can be made public, but most of Zimmerman's phone records will not be. Thousands of emails sent to police about the case will be released but not photos depicting Trayvon's body.

A solid majority of voters nationwide favor legalizing and regulating marijuana similar to the way alcohol and tobacco cigarettes are currently regulated. Most also don’t believe it should be a crime for people to smoke marijuana in the privacy of their own homes. A new national telephone survey of Likely Voters shows that 56% favor legalizing and regulating marijuana in a similar manner to the way alcohol and tobacco cigarettes are regulated. Thirty-six percent (36%) are opposed to such a legalizing and regulating pot. (To see survey question wording, click here.)

The fatal shooting incident of Patricia A. Cook on February 9 by a town police officer continues to unfold. On Friday, May 11, a $3.5 million wrongful death suit was filed by her husband, Gary Cook. The suit names Daniel W. Harmon-Wright, alias Daniel W. Sullivan, as the officer who shot Patricia A. Cook. To date, the name of the officer responsible in the shooting has not been released by the Town of Culpeper Police Department or the Virginia State Police. Daniel Harmon-Wright has not been charged with any criminal activity related to this incident and it is a policy...

Tuesday, May 22, 2012 As evidence continues to emerge from the shooting death of Florida teenager Trayvon Martin, Americans are becoming more convinced that his killer acted in self-defense and that the legal system will come to that conclusion. A new Rasmussen Reports national telephone survey finds that 24% of American Adults still believe the man who shot Martin should be found guilty of murder. But that’s down from 33% in late March when the case first began to draw national headlines and 30% in early April. Forty percent (40%) now think George Zimmerman, who has been charged with second...

WASHINGTON, May 21, 2012 A month after the Secret Service was rocked by allegations that agents brought prostitutes to a Colombia hotel where they were preparing for a visit by President Obama, the Drug Enforcement Administration today announced that at least three of its agents are also under investigation for allegedly hiring prostitutes in Cartagena. Two of the agents allegedly had encounters with masseuses in the apartment of one of the agents, according to Sen. Susan Collins, the ranking member of the Senate Homeland Security and Governmental Affairs Committee.

Police officers in Texas and Washington forced to resign after prosecutors charge them with falsifying ticket numbers and overtime. Police officers around the country are being caught fudging citation statistics in order to boost their take-home pay. On Tuesday, the King County, Washington Prosecuting Attorney filed charges against recently retired Lieutenant William B. Gardiner alleging the 25-year veteran lied about his overtime to pad his salary up to $163,000 in 2010. Soon after allegations against Gardiner were made public in October 2011, Gardiner retired. At the time, the Washington State Patrol Lieutenants Association defended the overtime he took as within...

Investors accept that as more cities reject red light cameras, Redflex revenue decreases. Investors in Redflex Traffic Systems were resigned toward the photo enforcement vendor's declining US performance at Wednesday's annual shareholder meeting in Melbourne, Australia. The company has lost significant US market share and profit as more cities reject automated ticketing machines. Nonetheless, large executive compensation packages were approved without the dissent found in past meetings. Shareholders signed off on a $324,926 salary for chief executive Graham Davie, plus $194,956 in stock for a total of $519,882 -- a raise of 3.6 percent. Board member Karen Finley's salary increased...

Federal appeals court rules a police officer who suspects drunk driving can break into a home without first obtaining a warrant. The US Supreme Court ruled 27 years ago that police could not forcibly enter someone's home over suspected drunk driving. The Fourth District US Court of Appeals in an unpublished decision is looking to change the precedent. A three-judge appellate panel considered the case of Alan J. Cilman who had filed a false arrest lawsuit after Officer M.A. Reeves busted down his door, without a warrant, on October 3, 2004. Earlier that day, Cilman had left Neighbors Restaurant where...

Red light and speed cameras go down in seven election contests in Ohio and Washington. Voters in eight cities in three states cast ballots Tuesday to decide whether red light cameras and speed cameras should be used in their communities. Seven of the races went against the use of photo ticketing. The night's first results came from Ashtabula, Ohio where 60 percent of residents approved an amendment to the city charter stating that the city "shall not use any traffic law photo-monitoring device" unless a police officer personally issues the citation. "I feel that the citizens of Ashtabula stood up,"...

Courts, lawmakers wrestle with differing standards on whether warrant needed to search cell phone during a traffic stop. Motorists searched during a traffic stop may find their iPhone data electronically grabbed by police in ways that would not be possible or acceptable with written material. Some police departments, including the Michigan State Police, are equipped with a mobile forensics device able to extract images, videos, text messages and emails from smartphones. In some cases, the device is able to bypass password protection. Several states have been reluctant to curtail law enforcement access to this information. In January the California Supreme...

City council in Austin, Texas considers allowing residents to issue parking tickets to other drivers with an iPhone app. Residents of Austin, Texas may soon have the power to issue parking tickets by taking a few photographs of someone else's car with their smartphones. A unanimous council voted on October 20 to explore the concept of deputizing vigilante meter maids using an iPhone app. Disabled advocates pushed the program at the council meeting in the hopes of guaranteeing easier parking. They were joined by others who were just interested in writing the $511 tickets. "I am a community policer from...

South Carolina lower court rules driving near speed limit justifies stop, but appeals court finds being near marijuana is not possession. Spartanburg County Circuit Court Judge Roger L. Couch ruled that driving just 5 MPH under the speed limit, not in the fast lane, is suspicious enough to justify a traffic stop. South Carolina's second highest court on October 5 examined the case, but sidestepped the speed issue to decide whether a man could be convicted of marijuana possession simply because he was in a car that contained the drug. The three-judge appellate panel reviewed the September 16, 2008 incident...

Fifth District Ohio Appeals Court ruling meant to influence higher courts against allowing warrantless GPS vehicle tracking. Although the US Supreme Court is expected to settle the issue of GPS tracking of motorists soon, a three-judge panel of the Ohio Court of Appeals, Fifth District ruled 2-1 earlier this month against the warrantless use of the technology. The majority's decision was likely designed to influence the deliberations of the higher courts. On November 8, the US Supreme Court will hear oral arguments in the GPS case US v. Jones. The Ohio Supreme Court is also considering Ohio v. Johnson in...

Federal court rules driving a Ford Crown Vic with New Jersey plates and people in the back seat is not justification for a search. Police may not pull over a car simply because two passengers are riding in the back seat, according to a September 2 ruling of the US District Court for the Eastern District of New York. On December 30, 2009, a trio of New York Police Department officers had a hunch that a passing gold-colored Ford Crown Victoria with New Jersey license plates might secretly have been charging for rides. The vehicle broke no traffic laws, but...

Ohio Court of Appeals overturns a traffic stop based on a temporarily obscured license plate. Police cannot initiate a traffic stop for a snow-covered license plate once the snow falls away from the plate, the Ohio Court of Appeals ruled Thursday. On January 29, 2010, Lakewood Police Officer William Comerford had spotted the gray 2003 Mitsubishi Eclipse belonging to Richard W. Shelton as he drove down the middle of Waterbury Road. Comerford decided to initiate a traffic stop because snow partially obscured the Mitsubishi's license plate. When Comerford approached the vehicle, he had no trouble reading the plate, either because...

US Court of Appeals rules a police officer cannot enter a home over a minor traffic violation. A police officer has no right to pursue a minor traffic stop into a home, according to a ruling handed down Wednesday by the US Court of Appeals for the Tenth Circuit. A three-judge panel considered what happened after police in Sulphur, Oklahoma saw a suspect allegedly driving with faulty taillights on July 23, 2007. Murray County Deputy Sheriff Craig A. Billings signaled seventeen-year-old Joshua Burchett, who was driving the car, to pull over. Burchett continued on for two blocks, parked in the...

Drivers have no recourse if police say the tape from a dashboard-mounted video camera is not available, according to a ruling Wednesday from the Texas Court of Appeals. Mark Lee Martin wanted to defend himself against drug possession charges filed in the wake of an August 29, 2008 traffic stop, but he was told no video was available.    Travis County Sheriff's Deputy Darren Jennings claimed that he pulled over Martin that evening because he failed to signal a left-hand turn. Within less than two weeks after the incident, Martin's attorney formally requested that the department preserve video evidence from...