archives

probable cause

This tag is associated with 8 posts

Happy Independence Day

Today is the 241st anniversary of our Declaration of Independence from the tyranny that was the British crown against the colonies.

And, it will be celebrated with fireworks, picnics, barbeques and other family get-togethers.  Some parades and even some solemn remembrances.

We should acknowledge this day, but we should also remember tyranny never stops, and government never stops growing unabated.

YES!  WE HAVE A BILL OF RIGHTS! – but how many of them are forgotten or stepped-on today?

Freedom of Speech?  Hardly.  Colleges and university restricting or stopping speech with which they disagree WHOLESALE!

The Right to Keep and Bear Arms?  I will acknowledge much improvement has happened over the past 20 years in this area, but we must not sit on out laurels.  Just this past week, the Supreme Court declined to hear how possession (carrying) of weapons outside the home factors in.  Leaving an erroneous District Court finding to stand.

Search and Seizure?  Do we even have a Fourth Amendment, anymore?  Blanket wiretapping of cellular phone and Internet communications.  DUI checkpoints.  The TSA.  Anyone see any warrants affiliated with these actions?

Trial by a Jury of one’s Peers?  Seriously?  How often?

And don’t even get me started on seizure of assets and jury nullification!

I thank God that we didn’t elect Barack 2.0 (aka Hillary).  This doesn’t mean that the current White House occupant is close to being a diamond in the rough.

He is a populist, and certainly NOT a libertarian!  And surrounds himself with statist conservatives.

We have won some battles, but are nowhere close to winning the war.

The quote “Eternal vigilance is the price of liberty” is often mistakenly attributed to the Irish lawyer and politician John Philpot Curran and frequently to Thomas Jefferson.

In fact, Curran’s line was somewhat different. What he actually said, in a speech in Dublin on July 10, 1790, was:

       “The condition upon which God hath given liberty to man is eternal vigilance.”

And, according to Jefferson scholars there is “no evidence to confirm that Thomas Jefferson ever said or wrote, ‘Eternal vigilance is the price of liberty’ or any of its variants.”

Whoever said it, it is TRUE!  Stay vigilant, My Friends!

Happy Independence Day

 

Sanctuary! Sanctuary!

I was recently asked (by a liberal friend) my thoughts on the Sanctuary Cities controversy.

To be honest, I’d not given it much thought.

Initially, my gut response was (as I suspect it is with most conservatives in the Republic) they (the cities and States creating Sanctuary Zones) are in violation of federal law.

Period.

But then the libertarian part of my brain became engaged.  Have these cities and States (or even those therein who are seeking Sanctuary) received due process for their actions?  Or is it just the power of the federal government that is forcing these political entities to bow to their will?  And, of course those individuals, too.

I remembered, the Republic antebellum, when the States held much more power.  But Lincoln killed that concept.

And the federal government has continued to grow ever since!  Have you ever seen a warrant, signed by a judge, used for the searches at the airport?  Or DUI checkpoints?  Or when ‘they’ spy on your computer?

If the illegal aliens avoiding the feds are in these places, they need due process to be extracted and deported.  If they are more than illegal aliens (like criminals) they too need due process.

That pesky Constitution so says.

As a conservative, I say go get ’em.  As a libertarian, I say wait for proper paperwork.  Just withholding gov’t funds to cities and States may be a great tactic (as ‘they’ ubiquitously do with highway funds!) but blackmail is not proper paperwork.

I am a conservative libertarian.

I am all about legal aliens to be here legally, get their ‘green’ cards, and move toward proper citizenship, if they desire.

Illegal aliens?  Should be deported.  Except is the most special circumstances.

But the paperwork needs to be in order, first.

Not just federal force.

 

 

A Possible Explanation

I used to LOVE the rain!  Growing up in the desert, it was rare.  Coupled with the addition of huge thunderheads, lightening and sudden downpours, it was the BEST!

Then, I got older and two things happened.

  1.  With age and illnesses came THE arthritis. (It’s a rule, once one reaches their sixties, one is required to put THE in from of the infirmity, i.e. the flu, the AIDS, the arthritis.)
  2. As people in Arizona don’t get rained-upon very often, unlike Midwest, South, and East-Coast people (and pretty much everywhere else!) they are less familiar with the process of driving in the rain.

AND PRETTY MUCH BECOME DANGEROUS IDIOTS ON THE ROAD, WHEN WATER IS INVOLVED!

So, rain isn’t as much fun for me, as it was when I was age eight.

BUT, I’ve developed a theory.

Remember, when it rains, how earthworms surface on sidewalks?

a-rain-worm

I’m now convinced that those that escape the sidewalks make it to cars, and start driving like maniacs!  Obviously they have less driving experience (with the rarity of precipitation).  And many don’t even have licenses!

THIS explains how there seem to be more idiot drivers during rainy weather, than when it is dry!

Dollars To Doughnuts?

(from TFB, in part)

doughnuts

It appears that those field tests for meth might not be as reliable as we all might have thought. A Flordia man was jailed after a loose flake of icing from his bi-weekly Krispy Kreme glazed doughnut tested positive for methamphetamine.

I know Krispy Kreme’s doughnuts are good, but test positive for drugs good?

When police pulled Dan Rushing over for speeding, they found a small piece of icing on the floor of his car during a search. The little piece of icing wasn’t even large enough to cover a pinky nail, officers then used a Safariland field test to determine if it was meth or not. According to an article by WFTV 9, the icing tested positive as meth not once, but twice.

Rushing was held for around 11 hours as well as strip searched as a result of the icing testing positive. There was no mention of if the charged were dismissed or he was released on bond, but shortly after The Flordia Department of Law Enforcement tested the icing in a lab, determining that the “meth” was in fact glaze.

No word at this time from Safariland as to why they tests failed to identify the icing as not meth or how they plan to respond to being sued. My question is how did these officers mistake doughnut glaze for meth, given their profession they should be familiar with the substance. It had to be said folks.

Click HERE for more on WFTV 9’s website.

Yeah, no eating doughnuts in my car, anymore.  I don’t need the hassle.

Besides, I’m diabetic, and should minimize consumption of such things!

ANY Excuse?

The BLM (NOT the Bureau of Land Management, although both foment illegal activity) seems to be engaged in using any hyperbole to start riot, criminal damage, you name it.

In the name of ‘give us what we are owed, because we are Black, and Whitey wronged us!’  Or something.

Most recently in Milwaukee, Wisconsin.

Because a police officer shot a Black man.

Milwaukee Police Officer in Deadly Shooting Was Black, Suspect Had Criminal Record

Here are Five More FACTS (courtesy of a Brock Townsend link):

1. The Officers at the Scene of the Shooting Were Wearing Body Cameras, the Mayor Says

2. A Loaded Gun Stolen From a Home During a Burglary Was Found After the Shooting

3. Smith’s Criminal Record, Which Police Called ‘Lengthy,’ Included a Misdemeanor Conviction for Carrying a Concealed Weapon & Traffic Offenses

4. The Shooting Sparked Unrest in Milwaukee That Led to Several Police Vehicles Being Damaged & Businesses Burned

5. A Friend Says Smith, a Victim of a Previous Shooting,’Was a Nice, Good Person’ Who Was ‘Really Respected’

sylville-smith-640x480

Sylville Smith

Obviously, a fine young man. (/sarcasm font)

 

(In other news, I survived the endoscopy with no ill after-affects.  Now, we wait two weeks for the results of the biopsies taken.  Thank you all for your good thoughts, prayers, texts and emails! – Guffaw)

The YANKEE And COWBOY War

Back in the 70’s there was a book about political conspiracies released call The Yankee and Cowboy War.

Authored by a leftist, anti-war guy, he postulated that (then) modern politics in the U.S. was derived from the ‘battles’ between Eastern (U.S.) influences and Western influences.  Kennedy versus Reagan, if you will.

Of course, his thesis was destroyed by Bushes from Kennebunkport being the same as those from Texas!

But much of the country still thinks in these generic terms.  Yankee (Wall Street) bad versus Texas (big oil) bad.

And Southerners/Westerners being more freedom-loving than New Yorkers remains a meme.

In my sense of bigotry.

But, now comes THIS…

You may have heard of civil asset forfeiture.

That’s where police can seize your property and cash without first proving you committed a crime; without a warrant and without arresting you, as long as they suspect that your property is somehow tied to a crime.
Now, the Oklahoma Highway Patrol has a device that also allows them to seize money in your bank account or on prepaid cards.
It’s called an ERAD, or Electronic Recovery and Access to Data machine, and state police began using 16 of them last month.
Here’s how it works. If a trooper suspects you may have money tied to some type of crime, the highway patrol can scan any cards you have and seize the money.
“We’re gonna look for different factors in the way that you’re acting,” Oklahoma Highway Patrol Lt. John Vincent said. “We’re gonna look for if there’s a difference in your story. If there’s someway that we can prove that you’re falsifying information to us about your business.”
Troopers insist this isn’t just about seizing cash.
MORE
-Jeffery in Alabama

OKLAHOMA!  The West!  Where people are alleged to be more free(?)

Soon (I’m certain) to be coming to a State near you!  “…without a warrant and without arresting you, as long as they suspect that your property is somehow tied to a crime.”

SOMEHOW.  Yeah, there’s your probable cause and due process.

RI-IGHT!

“We may have all come on different ships, but we’re in the same boat now.”  –  Martin Luther King, Jr.

h/t Wirecutter

_______________________________________________________

(And, now for something completely different – as promised)
I would ask all of you bloggers out there to at least make the effort to post a link to www.projectwelcomehometroops.org/#22kill

22 VETERANS COMMIT SUICIDE DAILY

Even ONE of these heroes making this choice is unacceptable! (Day #12 of 22)

Depends On What The Meaning of ISIS

from Wirecutter

A dog whose name “Dash” sounded too much like the Arabic acronym for the Islamic State jihadist group prompted a security scare at a California bank.

The alarm was raised after Dash’s owner Bruce Francis, who suffers from multiple sclerosis and lives in San Francisco, tried to make an online payment to the person who walks his pitbull mix.

Francis wrote “Dash” in the memo line for the check, panicking officials at Chase Bank who mistook it for “Daesh” and canceled the payment, local news reports said.

The bank also flagged the payment to the US Treasury Department which sent a note to Francis asking him to “explain what Dash means.”

“I thought to myself, ‘great, they’re stopping the world’s stupidest terrorist,” Francis told the local KTVU station after the incident earlier this month.

In spite of the mix-up, Francis said he is taking the incident in his stride and didn’t mind the inconvenience.

His check for walking “Dash” has since been approved.
SOURCE

Ah, I remember the old days, when Bob Hall would write things nonsensical on the memo lines of checks – like ‘for cocaine purchase’, or ‘for gay sex’.  My guess is those days are gone, what with corporate and governmental nosiness.

PS – For the unitiated, DAESH is what ISIS or ISIL calls themselves.

Nasty Statist(tics)

See what I did there?

Regular readers (thank you!) know I am pro-law enforcement.  However, just as I promote the entire history of the United States (warts and all), I believe in reviewing all efforts by the police (good and bad).

A Washington Post article regarding the police came to my attention.

Pursuing drugs and guns on scant evidence, D.C. police sometimes raid wrong homes — terrifying the innocent

For the time constrained, here’s the juicy part…

A Washington Post review of 2,000 warrants served by D.C. police between January 2013 and January 2015 found that 284 — about 14 percent — shared the characteristics of the one executed at Taylor’s apartment. In every case, after arresting someone on the street for possession of drugs or a weapon, police invoked their training and experience to justify a search of a residence without observing criminal activity there. The language of the warrants gave officers broad leeway to search for drugs and guns in areas saturated by them and to seize phones, computers and personal records.

In about 60 percent of the 284 cases, police executing the warrants found illegal items, ranging from drug paraphernalia to guns, The Post found. The amounts of drugs recovered were usually small, ranging from residue to marijuana cigarettes to rocks of cocaine. About 40 percent of the time — in 115 cases — police left empty-handed.

Ah, The War on Drugs (and Guns) strikes again.  How many folks are incarcerated for possession of a joint, and how many cops are employed to locate and incarcerated such folks?

And if The Second Amendment is indeed an individual right (as the Supreme Court has stated)…yatta, yatta, yatta.

It is better that ten guilty persons escape than that one innocent suffer” – English jurist William Blackstone

h/t Jeffery

"Round up the usual suspects."

In Loving Memory…