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Judge: Saggy Pants Ban Unconstitutional
RIVIERA BEACH — A judge says Riviera Beach's "saggy pants" law is unconstitutional in the case of a 17-year-old who spent a night in jail for having his underwear showing.
And a public defender said her office wants to get the law tossed altogether.
Julius Hart was charged Wednesday when an officer spotted him riding his bicycle in the 2800 block of Lakeshore Drive with 4 to 5 inches of blue and black boxer shorts sticking out of his black pants.
A first offense carries a $150 fine or a requirement of community service; only habitual offenders face the possibility of jail time.
But, a report said, the charge against Hart meant a violation of his probation on a marijuana possession charge, so he went to jail.
"Somebody help me," Palm Beach Circuit Judge Paul Moyle said.
"We're not talking about exposure of buttocks. No! We're talking about someone who has on pants whose underwear are apparently visible to a police officer who then makes an arrest and the basis is he's then held overnight, no bond. No bond!" the judge exclaimed.
"Your honor, we now have the fashion police," public defender Carol Bickerstaff said. "Our office really does intend to appeal this ordinance, which we believe is totally unconstitutional."
Moyle ruled the law unconstitutional "based on the limited facts of this case." Instead of issuing bail, the judge released Hart on his own recognizance.
Asked how this will affect the law overall, Riviera Beach's city attorney deferred to the police legal counsel and the mayor, Bishop Thomas Masters. Masters referred calls to city spokeswoman Rose Anne Brown, who said the city hadn't yet seen the ruling and couldn't comment.
Technically, the charge is not yet dropped; a new arraignment is set for Oct. 5.
"The first time I saw this particular fashion, I disliked it, and then I realized I'm getting old," Bickerstaff told the judge.
"You can have Speedo underwear, which is way less than boxer shorts, and that is perfectly legal, but boxer shorts, with pants over them, is not?" Moyle asked.
Bickerstaff quipped, "It's like a Monty Python skit."
City voters had approved the law in March by a 72 percent tally, after Masters lobbied heavily for it, helping collect 4,769 signatures to put the measure on the ballot.
The saggy pants fad surfaced in jail, when juvenile offenders wore overly large prison garb that sagged, exposing their underwear. It later became a fashion statement among rappers and remains popular in urban communities across the country.an RIVIERA BEACH — A judge says Riviera Beach's "saggy pants" law is unconstitutional in the case of a 17-year-old who spe... more -
“Martial Law” Declared in Arkansas Town
Areas of a town in Arkansas have been placed under a 24-hour, non-stop curfew described by the mayor as "almost akin to martial law".
The lockdown, issued after a spate of robberies, home invasions and shootings, applies to everyone in Helena-West Helena, no matter what age or what time of day it is.
Mayor James Valley has indicated that the curfew could be extended indefinitely.
Residents have described the lockdown as "like being in jail" and critics have slammed it as unconstitutional given that it effectively suspends the fourth amendment.
The ACLU of Arkansas has sent Mayor Valley a letter outlining these concerns:
"Imposing house arrest and suspending the Fourth Amendment for law-abiding people is only going to cause more problems for this city," said ACLU of Arkansas staff attorney Holly Dickson. "They need to work with the community to get this resolved instead of treating all of their citizens like criminals."
Such "domestic surges" with police imposing a martial law-style clampdown are now seemingly becoming standard procedure.
There are countless examples in recent months and years of curfews and lockdowns going into place in areas all across the country.
Only two months ago Trinidad, a "troubled" community in northeast D.C., was subject to police checkpoints after a series of shootings.
Earlier this year curfews for minors were introduced in Chicago.
Back in April we reported on the fact that federal law enforcement agencies co-opted sheriffs offices as well state and local police forces in three states for a vast round up operation that one sheriff's deputy described as "martial law training".
The "anti-crime and anti-terrorism initiatives" involving officers from more than 50 federal, state and local agencies was dubbed "Operation Sudden Impact". Areas of a town in Arkansas have been placed under a 24-hour, non-stop curfew described by the mayor as "almost akin to martial l... more -
Missing Sex Toys Raise Concerns at Police Property Room
Three years after Houston police seized these and hundreds of other sex toys worth $50,000 from the Adult Video Megaplexxx, the devices may be missing from the department's property room.
The discovery came to light when a lawyer for the adult-entertainment shop sought to reclaim the 564 items that the 5th U.S. Circuit Court of Appeals recently declared legal to sell.
After initially telling attorney Richard Kuniansky the sex toys would be returned, Houston police then said they were destroyed.
"They said no problem you can send somebody by to pick them up, and then we get another call and it's 'Whoops, we don't have them,' " Kuniansky said.
Kuniansky said police told him they were destroyed, but he doubts that explanation.
"There is apparently no court order authorizing destruction of the property or any record of what happened to the property," he said.
A check of Harris County court files did not turn up a destruction order in any of the cases involving the store's employees.
The last time the products were seen by Adult Video Megaplexxx employees was in 2005, when they were carried away by vice officers.
They were to be locked in a property room as evidence. The charges against employees were dropped. And in February,a federal appeals court ruled that Texas' 35-year-old law banning the sale of sex toys was unconstitutional. Three years after Houston police seized these and hundreds of other sex toys worth $50,000 from the Adult Video Megaplexxx, the device... more -
Police seizing guns before crime is committed
Using a unique state law, police in Connecticut have disarmed dozens of gun owners based on suspicions that they might harm themselves or others.
The state's gun seizure law is considered the first and only law in the country that allows the confiscation of a gun before the owner commits an act of violence. Police and state prosecutors can obtain seizure warrants based on concerns about someone's intentions.
State police and 53 police departments have seized more than 1,700 guns since the law took effect in October 1999, according to a new report to the legislature. There are nearly 900,000 privately owned firearms in Connecticut today.
Opponents of a gun seizure law expressed fears in 1999 that police would abuse the law. Today, the law's backers say the record shows that hasn't been the case.
"It certainly has not been abused. It may be underutilized," said Ron Pinciaro, coexecutive director of Connecticut Against Gun Violence.
Attorney Ralph D. Sherman has represented several gun owners who had their firearms seized under the law. His latest client was denied a pistol permit because the man was once the subject of a seizure warrant.
"In every case I was involved in I thought it was an abuse," said Sherman, who fought against the law's passage.
The report to the legislature shows that state judges are inclined to issue gun seizure warrants and uphold seizures when challenged in court.
Out of more than 200 requests for warrants, Superior Court judges rejected just two applications — one for lack of probable cause, and another because police had already seized the individual's firearms under a previous warrant. Both rejections occurred in 1999. The legislature's Office of Legislative Research could document only 22 cases of judges ordering seized guns returned to their owners.
Rep. Michael P. Lawlor, D-East Haven, is one of the chief authors of the gun seizure law. In his view, the number of warrant applications and gun seizures show that police haven't abused the law.
"It is pretty consistent," said Lawlor, the House chairman of the Judiciary Committee.
Robert T. Crook, the executive director of the Connecticut Coalition of Sportsmen, questioned whether police have seized more guns than the number reported to the legislature. Crook said the law doesn't require police departments or the courts to compile or report information on gun seizures. The Office of Legislative Research acknowledged that its report may have underreported seizures.
"We don't know how many guns were actually confiscated or returned to their owners," Crook said.
Police seized guns in 95 percent of the 200-plus cases that the researchers were able to document. In 11 cases, police found no guns, the report said.
Spouses and live-in partners were the most common source of complaints that led to warrant applications. They were also the most frequent targets of threats. In a Southington case, a man threatened to shoot a neighbor's dog.
The gun seizure law arose out of a murderous shooting rampage at the headquarters of the Connecticut Lottery Corp. in 1998. A disgruntled worker shot and killed four top lottery officials and then committed suicide.
Under the law, any two police officers or a state prosecutor may obtain warrants to seize guns from individuals who pose an imminent risk of harming themselves or others. Before applying for warrants, police must first conduct investigations and determine there is no reasonable alternative to seizing someone's guns. Judges must also make certain findings.
**continues,click link to read** Using a unique state law, police in Connecticut have disarmed dozens of gun owners based on suspicions that they might harm themselves... more -
DHS Guard Violates 4th Ammt., tries to trick guy to let him search him, without ex...
July 18th 2008 Internal Suspicionless Border Patrol Checkpoint
This checkpoint is about 60 miles from the border. To go from Phoenix AZ to LA he hit 5 checkpoints. These "Immigration checkpoints" and Martial Law checkpoints continue to pop up. New Orleans, DC, Chicago......Is your neighborhood next? Notice in this video that the border patrol NEVER asks him a question other than to stop filming him and to ALLOW him to search him by exiting the vehicle. This whole time the "officer" keeps using circular logic to try and trick the passenger to exit the vehicle. The reasonable suspicion that he states is also circular logic. You're suspicious because your evading questioning..Then that means that you have the right to search everyone that questions you? No officer Villanueva, that's not how it works
No you do not have the right to touch the vehicle. No you do not have the right to open the door of a vehicle. No you do not have the right to remove someone from the car without grounds. There was a lot that happened after the camera was turned off. The officer admitted that he knew it was private property on film right before it turns off. After this they continued to try and trick them to allow them to search the car. He asked the officer "What's the purpose of the stop" to which he replied "Immigration checkpoint".. So why do they have drug dogs and want to search the car? Can dogs smell illegal aliens? Can anyone else see right through this?????? July 18th 2008 Internal Suspicionless Border Patrol Checkpoint ... more -
Holy Relevancy, Batman
If you’re like the ACLU you believe in privacy, the Fourth Amendment and the fact that Congress just did an unforgivable thing to both by passing the FISA Amendments Act of 2008. And, if you are like me and a few others I know, then you spent last week anticipating then reveling in the release of The Dark Knight. If you’re with me on all of those counts, then you probably found a particular scene in the latest Batman to be as timely as I did.
Spoiler alert!
Towards the end of the film, the Caped Crusader asks one of his trusted confidants to conduct broad and invasive surveillance on the citizens of Gotham by essentially turning every cell phone into a microphone to locate a certain and marvelously played villain. That confidant (played by Morgan Freeman who is pretty much amazing in all he is and does) initially has the correct reaction saying, “It’s not my job to spy on 30 million people.” Wow. Imagine if that happened in real life…
Well, unfortunately, like the telecoms before him, Mr. Freeman’s character reluctantly goes along with the plan saying he’ll resign and terminate the program after “this one time.” <Sigh>
At least he didn’t ask for immunity.
lol, lol, tells it all. If you’re like the ACLU you believe in privacy, the Fourth Amendment and the fact that Congress just did an unforgivable thing to both... more -
Court Strikes Down Internet Censorship Law
We just received word today that the Third Circuit struck down a federal Internet censorship law as unconstitutional. The law, called the Child Online Protection Act, imposed civil and criminal penalties on those who place “harmful to minors” material on the Web. Under this law, no adult, no matter how mature or responsible, would have been allowed to see material that is deemed unfit for a child. The law would have forced vast swaths of constitutionally protected speech off of the Web.
Today’s victory is a huge win that comes as a result of 10 years of litigation by a dedicated group of ACLU clients. All of our clients—from award-winning, established publications such as Salon to individuals such as Heather Corinna, who works largely on her own to provide valuable sexual health information geared toward teenagers—put up with a great deal of hassle and inconvenience and stress. By standing up for their own right to engage in free speech on the Web, they helped protect the rights of all Americans. They deserve our thanks.
Whether today’s opinion is the last to address COPA is up to the government and, ultimately, to the Supreme Court. The government has some time to decide whether it wants to ask the Court to review this case. Hopefully it will conclude that 10 years of litigation is enough. We just received word today that the Third Circuit struck down a federal Internet censorship law as unconstitutional. The law, called ... more -
Strip Search of 13-Year-Old for Ibuprofen Ruled Unconstitutional
If you have a problem with school officials strip searching 13-year-olds for Advil – or if you care about the government’s standards for informant use and invasive searches – you can take relief in yesterday’s ruling by a full panel of the U.S. Court of Appeals for the 9th Circuit, which ruled 6-5 that students cannot be strip-searched based on the uncorroborated word of another student who is facing disciplinary punishment.
“A reasonable school official, seeking to protect the students in his charge, does not subject a thirteen-year-old girl to a traumatic search to ‘protect’ her from the danger of Advil,” the federal appellate court wrote in today’s opinion. “We reject Safford’s effort to lump together these run-of-the-mill anti-inflammatory pills with the evocative term ‘prescription drugs,’ in a knowing effort to shield an imprudent strip search of a young girl behind a larger war against drugs.”
“It does not take a constitutional scholar to conclude that a nude search of a 13-year-old girl is an invasion of constitutional rights. More than that: it is a violation of any known principle of human dignity,” the court continued.
In addition to finding the strip search unconstitutional, the court held that the school official who ordered the strip search, Vice Principal Kerry Wilson, is financially liable in the case and cannot claim qualified immunity. The ACLU co-represented the student, Savana Redding, before the U.S. Court of Appeals for the 9th Circuit, which decided to reconsider the case after a three-judge panel ruled 2-1 that the strip-search was legal.
For a case like this, it’s hard to understand how the unconstitutionality of strip searching Redding could even be up for debate. Consider how flimsy the government’s case was:
* No physical evidence suggested that Redding – an honor roll student with no history of substance use or abuse – might be in possession of ibuprofen pills or that she was concealing them in her undergarments.
* The strip search was undertaken based solely on the uncorroborated claims of a classmate facing punishment, who was caught with prescription strength ibuprofen – the equivalent of two over-the-counter pills of Advil. (And why on earth might a teenaged girl have ibuprofen?)
* No attempt was made to corroborate the classmate’s accusations among other students or teachers.
* The classmate had not claimed that Redding currently possessed any pills, nor had the classmate given any indication as to where they might be concealed.
* No attempt was made to contact Redding’s parents prior to conducting the strip search.
If you want to get some background information on the abundance of scientific literature describing the serious psychological repercussions of being strip-searched at age 13, you should check out the briefs of support that were also filed by the National Association of Social Workers and the Rutherford Institute.
“The strip search was the most humiliating experience I have ever had,” said Redding in a sworn affidavit following the incident. “I held my head down so that they could not see that I was about to cry.”
As Reason’s Jacob Sullum insightfully observed in his article on the case, “The School Crotch Inspector”:
“There are two kinds of people in the world: the kind who think it’s perfectly reasonable to strip-search a 13-year-old girl suspected of bringing ibuprofen to school, and the kind who think those people should be kept as far away from children as possible … Sometimes it’s hard to tell the difference between drug warriors and child molesters.”
The same safeguards and regulations on informant use that we have been advocating in the context of criminal drug proceedings apply even more so to the context of school, where young people are particularly vulnerable to unsubstantiated rumors and finger-pointing by vindictive peers. If you have a problem with school officials strip searching 13-year-olds for Advil – or if you care about the government’s standards f... more -
Hip Hop isn't Dead, It's Immortal
From Immortal Technique's new CD, The Third World.
Immortal Technique was born in a Military hospital in Peru during a civil war between the guerrilla Shining Path and the CIA sponsored Military. He came to NYC when he was young and was raised in Harlem during the Golden Era of Hip Hop.
He went to prison for a year and then came out and started destroying the battle scene. Understanding that the industry would not be a place that would give him creative freedom, and the ownership of his own music, he began to rebel against it and to record, manufacture and distribute his own music. His first album became and underground classic and the second one broke through the roof and continued onto sell 80,000 units.
Immortal Technique went from being a criminal to being a business owner and to helping raise thousands of dollars for children's hospitals, organize kids in gangs to search for a better life, work with prison youth programs and to buy his own land and begin to create the path for the return of Hardcore, Revolutionary Hip Hop.
With a tour of the US, Africa, The Middle East and South America in the works.
La Revolucion en Hip Hop empezado
********Immortal************** **Technique*********
Immortal Tehnique nacio en un hospital del ejército en Peru mientra que habia una guerra civil entre de los guerrilleros de Sendero Luminoso y un ejército de La CIA. Cuando Immortal Technique era joven, el vino a NYC. El estaba criado en Harlem durante el era de oro de Hip Hop.
El estaba en una carcel por un ano. Despues de que, el volvio a NYC y empezado destruir la escena de batallas. El entendia que la industria no le daria la libertad de la creatividad ni le permitiria a poseer su musica. El decidio a rebelerse contra de la industria y para fabricar y para distribuir su musica solo. Su primero album llego a ser un classico del underground y su segundo rompio por el techo y vendio 80,000 copias.
Immortal Technique transformado desde una criminal a una persona quien ha ganado miles de dolares por hospitales de ninos, ayudado chicos en banderas para encontrar una mejor vida, trabajado con programas joventud de carceles, comprado su tierra, y empezado a hacer la camina para el regreso de Hardcore, Revolutionary Hip Hop.
El esta planeando un tour de EEUU, Africa, El Oriente Medio y Sudamérica.
La Revolucion en Hip Hop empezado From Immortal Technique's new CD, The Third World. ... more -
Chris Dodd's provision requires companies to report electronic transactions t...
Senate Housing Bill Requires eBay, Amazon, Google, and All Credit Card Companies to Report Transactions to the Government
Call Congress and Tell Them to Oppose The eBay Reporting Provision in the Housing Bill: 1-866-928-3035
Hidden deep in Senator Christopher Dodd's 630-page Senate housing legislation is a sweeping provision that affects the privacy and operation of nearly all of America’s small businesses. The provision, which was added by the bill's managers without debate this week, would require the nation's payment systems to track, aggregate, and report information on nearly every electronic transaction to the federal government.
"At a time when concerns about both identity theft and government spying are paramount, Congress wants to create a new honey pot of private data that includes Social Security numbers. This bill reduces privacy across America's payment processing systems and treats every American small business or eBay power seller like a criminal on parole by requiring an unprecedented level of reporting to the federal government. This outrageous idea is another reason to delay the housing bailout legislation so that Senators and the public at large have time to examine its full implications."
From the Senate Bill Summary:
Payment Card and Third Party Network Information Reporting. The proposal requires information reporting on payment card and third party network transactions. Payment settlement entities, including merchant acquiring banks and third party settlement organizations, or third party payment facilitators acting on their behalf, will be required to report the annual gross amount of reportable transactions to the IRS and to the participating payee. Reportable transactions include any payment card transaction and any third party network transaction. Participating payees include persons who accept a payment card as payment and third party networks who accept payment from a third party settlement organization in settlement of transactions. A payment card means any card issued pursuant to an agreement or arrangement which provides for standards and mechanisms for settling the transactions. Use of an account number or other indicia associated with a payment card will be treated in the same manner as a payment card. A de minimis exception for transactions of $10,000 or less and 200 transactions or less applies to payments by third party settlement organizations. The proposal applies to returns for calendar years beginning after December 31, 2010. Back-up withholding provisions apply to amounts paid after December 31, 2011. This proposal is estimated to raise $9.802 billion over ten years. Senate Housing Bill Requires eBay, Amazon, Google, and All Credit Card Companies to Report Transactions to the Government ... more -
Warnings Unheeded on Guards in Iraq
This story has more importance that what is going on in Iraq. Black Water is bidding for contracts to operate in America. If they are not held accountable for what they have been doing in Iraq, will they be held accountable for what they do in America? We need to stop this group of rogues now before they are turned loose on the American people. George W. is putting laws into place making their endevors legal here. I don't want to be a refugee in America. I don't want private police patrolling our streets, invading our privacy, and carting us off to the facilities built by Halliburton. This story has more importance that what is going on in Iraq. Black Water is bidding for contracts to operate in America. If they ar... more
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Over 1000 Attorneys Demand Investigation Into Unconstitutional Action By Bush Admi...
Will their voices be heard? Will mainstream media cover it? Will we get spin over fact? It's time mainstream media starts covering real news. During 2007 mainstream media gave us much spin, we need to demand facts for '08! Will their voices be heard? Will mainstream media cover it? Will we get spin over fact? It's time mainstream media starts cove... more
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Germany moves to ban Scientology
Germany's federal and state interior ministers have declared the Church of Scientology unconstitutional, clearing the way for a possible ban.
-Click to read the article Germany's federal and state interior ministers have declared the Church of Scientology unconstitutional, clearing the way for a p... more -
State of Emergency in Pakistan; Martial Law
Since the return of Bhutto after her self-imposed exile and the controversial presidential election of Musharraf (opposition parties contest that he cannot be military chief and president), Pakistan has been plummeted onto the forefront of international news.
The situation continues to deteriorate. The Constitution has been suspended, the Chief Justice (of the Supreme Court which was to decide the legality of the 2007 presidential elections and Musharraf's bid) has been removed, and 1,500 have been arrested. Since the return of Bhutto after her self-imposed exile and the controversial presidential election of Musharraf (opposition parties c... more -
Will DC Finally Get Representation Along With Taxation?
"The motion coming up on the Senate floor would merely clear the way for lawmakers to consider the bill." Some oppose DC getting a Representative in the House because the District is not a state. So what's the ruling on those US land masses that call themselves "Commonwealth" (Virginia, Kentucky, Pennsylvania, Massachusetts) hmmmmmm? "The motion coming up on the Senate floor would merely clear the way for lawmakers to consider the bill." Some oppose DC get... more
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Alcoholics Anonymous Attendence requirement unconstitutional
Due to their religious overtones
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Unconstitutional
Contributors (63)
Unconstitutional
