VoteKansas.org

huffingtonpost.com | Organized retail crime involves shoplifting with the intent of selling the goods.

rt.com | Eugene Kaspersky's calls for a global effort to halt emerging cyber threats should raise alarm bells.

Marketing Week | Millionaire super-geek Sean Parker's new 'Airtime' has been described as "Facebook meets Skype".

huffingtonpost.com | Millions of dollars' worth of drugs smuggled aboard commercial flights.

Jonathan Weisman | All of the expiring Bush-era tax cuts should be extended temporarily in the face of a slowing economy.

John Myers | Violence on the streets by an armed “irascible and vocal Majority.”

Bill Clinton has come out of retirement to campaign for Pres. Obama: WASHINGTON -- Former President Bill Clinton made fun of Rep. Allen West (R-Fla.) Monday night for saying that dozens of House Democrats are members of the Communist party. During a campaign event in New York City, Clinton praised President Barack Obama for stabilizing the economy and for health care reform, and noted that ObamaRogerhttp://www.blogger.com/profile/03474078324293158376noreply@blogger.com1

KnoxNews.com: Lawsuit filed over OR man's warrantless cavity search by Bob Fowler:

An Oak Ridge man who says he was forced in June 2011 to submit to a digital rectal exam for suspected drugs — and no drugs were found — has filed a lawsuit in Anderson County Circuit Court.

Wesley Antwan Gulley's legal action contends his constitutional rights were violated and he was subjected to false arrest and imprisonment, assault and battery and medical battery.

The lawsuit alleges Gulley was in shackles and reluctantly consented to the exam, but only after Dr. Michael A. LaPaglia ordered an injectable sedative and threatened to use it "in performing the digital rectal exam …"

The defendants used coercion and "undue influence" to force Gulley's consent, and police officers didn't have a warrant, it continues.

No drugs were found, and he was released after having been shackled for the ride to the hospital. It started because of a dog alert on a $20 bill in the car, which everyone in law enforcement should know by now (since it's been public knowledge for over 25 years) that virtually all currency that goes through money counting machines has microscopic traces of cocaine.

I normally don't include lawsuits because so many fail on qualified immunity or the merits of the Fourth Amendment claim. Based on the news article, this one states enough to get to trial. Forced warrantless digital exams are unreasonable even with probable cause, except for a convict in prison or a jail inmate, thanks to Florence.

h/t to a reader

Washington's Blog | Radioactive water is being dumped into the Pacific at an alarming rate.

Kurt Nimmo | Escalation of cyber war as official enemies engage in retaliation against U.S. government and its proxies.

Relying on Edmond, United States v. Yousif, 308 F.3d 820 (8th Cir. 2002), and United States v. Prokupek, 632 F.3d 460 (8th Cir. 2011), the Tenth Circuit holds that stopping cars that pulled off at an exit by ruse checkpoint was not based on reasonable suspicion. Pulling off was a factor in RS, but more is required. United States v. Neff, 10-3336 (10th Cir. June 5, 2012):

We agree with the Eighth Circuit that a driver's decision to use a rural highway exit after seeing drug checkpoint signs may serve as a valid, and indeed persuasive, factor in an officer's reasonable suspicion analysis. See, e.g., Carpenter, 462 F.3d at 987; United States v. Klinginsmith, 25 F.3d 1507, 1510 n.1 (10th Cir. 1994) (listing as one valid factor that "the defendants took an exit which was the first exit after a narcotics check lane sign, and an exit that was seldom used"). But standing alone, it is insufficient to justify even a brief investigatory detention of a vehicle. Here, of course, the government points to a number of other factors that the trooper relied on in forming reasonable suspicion, including: (1) Neff's car had a Shawnee County license plate but was driving in Wabaunsee County; (2) the exit was in a rural area without highway services such as restaurants or gas stations; (3) Neff pulled into a private driveway where he did not seem to have any reason to be; (4) Neff had a startled look on his face when he saw the trooper.

. . .

These facts, when taken together, do not fairly suggest that Neff was attempting to evade police. To be sure, an officer is “entitled to make an assessment of the situation in light of his specialized training and familiarity with the customs of the area’s inhabitants.” Arvizu, 534 U.S. at 276. But even considering the totality of the circumstances, Neff’s conduct conformed to the patterns of everyday travel. ...

Paul Joseph Watson | System alerts authorities to "suspicious behavior" before crime is committed.

NJ.com | Since 9/11, NYPD has been targeting Muslims, conducting surveillance of neighborhoods, restaurants, and mosques.

A.M. Freyed | Even the biggest financiers of all are frankly endorsing this phony movement.

Infowars.com | So you thought you could cheer during your daughter's graduation ceremony, did you? We have a police van waiting for people like you.

Most Americans are familiar with, and enjoy hearing, Lee Greenwood's patriotic song that includes the famous line "God bless the U.S.A." The Greenwood song had been scheduled to be sung by the kids at an assembly at Stall Brook Elementary School in Bellingham, Massachusetts. The school administrators decided to censor God out of the song and replace Him with "We love the U.S.A." This is Phyllis Schlaflyhttp://www.blogger.com/profile/11930380089191812969noreply@blogger.com1

Plaintiff was arrested and detained for 224 days for a sexual assault charge that was ultimately dismissed. He had a prosthetic lower leg and had prostate surgery that made it impossible for him to ejaculate, two things not mentioned anywhere in the investigation. “[I]t is not clear that individuals have a constitutional right to a reasonable post-arrest investigation.” Barham v. Town of Greybull Wyo., 2012 U.S. App. LEXIS 11306 (10th Cir. June 5, 2012)*:

We turn next to Plaintiff's argument that his constitutional rights were violated by his 224-day detention on charges that were later dismissed. He contends there were problems with the alleged victims' stories, particularly relating to Plaintiff's inability to ejaculate semen, and he argues a reasonable law enforcement officer would have investigated these problems and attempted to obtain Plaintiff's release earlier. As we stated in Romero, it is not clear that individuals have a constitutional right to a reasonable post-arrest investigation. See Romero, 45 F.3d at 1478. To the extent there is such a right, it must be based on "facts that, at a minimum, demonstrate Defendants acted with deliberate or reckless intent." Id. After thoroughly reviewing the record, we conclude that the officers' post-arrest investigation was, at most, negligent. Thus, Plaintiff has not shown the officers' conduct during his detention violated any potential constitutional right to a reasonable post-arrest investigation.

Plaintiffs’ strip search claim on arrest without booking permitted on motion to amend; it was not futile. Sorrell v. Inc. Vill. of Lynbrook, 2012 U.S. Dist. LEXIS 77303 (E.D. N.Y. June 4, 2012).*

There was probable cause for defendant’s arrest for murder for hire by payment of a snowmobile. State v. Santiago, 2012 Conn. LEXIS 218 (May 29, 2012).*

In litigation over a 1991 search warrant in 2012, the seizure under the search warrant was somewhat excessive, but it was not reason to suppress the whole search under Andersen. United States v. Persico, 2012 U.S. Dist. LEXIS 77298 (E.D. N.Y. June 1, 2012).*

Zero Hedge | Jon Hilsenrath said the market can stop falling as the Fed was "considering" sterilized QE, or more Twist.

A “checkpoint,” without hardly tell us what for, was valid where it snared the defendant, an habitual driving offender with no license. Desposito v. Commonwealth, 2012 Va. App. LEXIS 185 (June 5, 2012):

Appellant's challenge to the validity of the checkpoint is limited to two points: (1) the supervisor's direction that the checkpoint should be conducted "during the lunchtime" leaves the officers with unbridled discretion as to the time of operation; and (2) the plan is flawed because while it requires a 30-minute minimum operational duration, the plan does not establish a maximum time, thus allowing the officers at the checkpoint to determine the duration of the operation. These omissions, appellant contends, render the checkpoint constitutionally unsound, thus violating his Fourth Amendment rights.

"As a preliminary matter, checkpoints with the primary objective of enforcing safety requirements are constitutional." Wright v. Commonwealth, 52 Va. App. 263, 268, 663 S.E.2d 108, 111 (2008) (citing Delaware v. Prouse, 440 U.S. 648, 658 (1979)); see also Palmer v. Commonwealth, 36 Va. App. 169, 172, 549 S.E.2d 29, 30 (2001) (holding the purpose of a checkpoint was valid when officers stopped vehicles to look for "any violations on the vehicles, such as drivers' license, equipment, [or] inspection").

. . .

The reasonableness of such seizures, which are less intrusive than a traditional arrest, depends "on a balance between the public interest and the individual's right to personal security free from arbitrary interference by law officers." Brown v. Texas, 443 U.S. 47, 50-51 (1979) (citing Pennsylvania v. Mimms, 434 U.S. 106, 109 (1977)). In considering the constitutionality of these seizures on appeal, we must weigh "the gravity of the public concerns served by the seizure, the degree to which the seizure advances the public interest, and the severity of the interference with individual liberty." Id. at 51.

What is the public interest in stopping everybody to look for a driver's license? Bank robbers, kidnapers [Brinegar v. United States, 338 U.S. 160, 183 (1949) (Jackson, J., dissenting)], DUIs? Yes. General crime control, no. I just cannot accept that a driver's license checkpoint is constitutional under Edmund or Sitz. And, yes, Prouse was decided in 1979, and its throwaway reference to driver's license checkpoints was wrong then and its still wrong. If SCOTUS is concerned about "it could happen to us," then they might now agree. To quote "Ferris Bueller's Day Off," "Uh, what country do you think this is?" American highways are not constitution free zones.

Please, somebody, take this up.