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Posts Tagged ‘Supreme Court’

Supreme Court says police can strip search citizens for any offense

April 12, 2012 Comments off

naturalnews.com

strip search

(NaturalNews) The constitutional indignities Americans continue to suffer at what can only be called soft tyranny continue to mount, the most recent of which is a decision by the U.S. Supreme Court that says police can now strip search for any reason – or no reason at all – when they’re booking you into custody.

In a 5-4 ruling earlier this month, justices said police have the right to conduct strip searches even if they don’t believe a suspect is carrying or hiding contraband.

Writing for the majority, Justice Anthony Kennedy – who was joined by the high court’s four other conservatives – said the Judicial branch was in no position to interfere with the judgment of police who were concerned that suspects could be hiding weapons, contraband or gang-related affiliations.

“Every detainee who will be admitted to the general population may be required to undergo a close visual inspection while undressed,” Kennedy wrote, noting that some 13 million people annually are jailed.

Only, there’s a problem: Strip search procedures conflict with statutes in 10 states which Read more…

California releases 450 ‘violent and dangerous’ criminals after computer glitch sets them free

May 27, 2011 Comments off

Hundreds of violent and dangerous prisoners have been released on unsupervised parole in California because of a computer glitch, according to the state’s inspector general.

Software errors led prison officials to mistakenly release some 450 inmates deemed to have a ‘high risk for violence’, as part of a programme meant to ease overcrowding in the state’s jails.

And more than 1,000 additional convicts said to present a high risk of committing drugs crimes, property crimes and other offences were also freed.

Overcrowded: Hundreds of violent criminals have been released from prison early on unsupervised parole after a computer error Overcrowded: Hundreds of violent criminals have been released from prison early on unsupervised parole after a computer error

The news comes after the U.S. Supreme Court ruled that California’s prisons are dangerously overcrowded, and upheld a ruling giving the state two years to slash prisoner numbers.

No attempt has since been made to return any of the offenders to prison or to put them on supervised parole schemes, inspector general spokesman Renee Hansen told the LA Times.

All of the released prisoners have been placed on so-called ‘non-revocable parole’ – meaning that they do not have to report to parole officers and can only be sent back to prison if they are caught committing another crime.

Inmates who are gang members, sex criminals or violent criminals are determined to pose a risk of re-offending and are not thought to be suitable for the scheme.

But a report by the inspector general found that the computer programme that officials Read more…

Dane County judge strikes down collective bargaining law

May 26, 2011 Comments off

jsonline

Madison – A Dane County judge has struck down Gov. Scott Walker’s legislation repealing most collective bargaining for public employees.

In a 33-page decision issued Thursday, Dane County Circuit Judge Maryann Sumi said she would freeze the legislation because GOP lawmakers on a committee broke the state’s open meetings law in passing it March 9.

The legislation limits collective bargaining to wages for all public employees in Wisconsin except for police and firefighters.

“It’s what we were looking for,” said Dane County District Attorney Ismael Ozanne, a Democrat.

Ozanne sued to block the law after Assembly Minority Leader Peter Barca (D-Kenosha) filed a complaint saying that GOP legislative leaders had not given proper notice in convening a conference committee of lawmakers from both houses to approve Walker’s budget-repair bill.

A spokesman for state Attorney General J.B. Van Hollen and the state Department of Justice could not be reached immediately for comment on the decision. A spokesman for Walker also could not be immediately reached.

In the decision, Sumi appeared to be bracing for an outcry from Republicans and supporters of the law, noting that judges are supposed to apply the law even if their decisions will be “controversial or unpopular.” Sumi writes that Ozanne showed by “clear and convincing evidence” that the open meetings law had been violated.

“This decision explains why it is necessary to void the legislative actions flowing from those violations,” wrote Sumi, who was appointed to the bench by former GOP Gov. Tommy Thompson.

But the issue is far from settled. The state Supreme Court has scheduled arguments for June 6 on whether to take over the case.

“It’s not over yet. I’m positive of that,” Ozanne said. “The supremes are the supremes. They can do what they want.”

GOP lawmakers also have said they would consider passing the law a second time as part of the 2011-’13 state budget if it was necessary to ensure that it takes effect.

Supreme Court allows warrantless drug search in Kentucky case

May 18, 2011 1 comment

 Examiner

The United States Supreme Court handed down a decision today that will profoundly affect the way police search for drugs.  In reviewing a case out of Lexington, Kentucky, the Court—in an eight to one decision—ruled that “exigent circumstances” are created when police reasonably believe a suspect is in the process of destroying evidence, and therefore a search warrant is not constitutionally required.

In the case of Commonwealth of Kentucky vs. Hollis DeShaun King, the Lexington police conducted a “buy bust” raid on October 13, 2005, at an apartment on Center Parkway.  Officers followed a suspected drug dealer to the apartment complex, and testified that they smelled marijuana outside an apartment door, knocked loudly, and announced their presence. As soon as the officers began knocking, they heard noises coming from Read more…

Court case warns EPA could ‘own’ your land!

February 28, 2011 Comments off

By Bob Unruh
WorldNetDaily


Mike and Chantell Sackett

A legal team asking the U.S. Supreme Court to intervene in an Idaho controversy is warning landowners that under the compliance order procedures being used by the U.S. Environmental Protection Agency virtually anyone could be told to pay hundreds of thousands of dollars in permit fees – or face hundreds of thousands of dollars in fines and penalties – over ordinary home construction work.

A petition for certiorari has been submitted to the court by Pacific Legal, an organization working on behalf of the Sackett family of Idaho.

They own a half-acre lot in a residential area near Priest Lake and wanted to build a home. But after excavation work was begun the EPA “swooped in” with a “compliance order” that requires them to undo the excavation and restore the “wetlands,” and then leave it for Read more…