Federal Appeals Court Rules Marking Tires for Parking Enforcement Illegal

 

This has to be considered an interesting take on the fourth amendment. The days whereby the police could mark one’s tires to determine over staying in a parking spot appears to be over.

Of course a purpose of parking enforcement is to raise revenue. It is also to keep reasonable access to merchants and control traffic flow. Must we always be tweaking our amendments?

How is marking tires a search? The result of course will be the installation of meters, charging for parking, collecting the meter fees. All and all making life less pleasant.

Apparently our Firestones have more rights than we do…as my data is being sucked up as I type this. Of course the police can always get a FISA warrant now can’t they?

 

 

 

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Marking tires to enforce parking rules is like entering property without a search warrant, a federal court said Monday as it declared the practice unconstitutional in Michigan and three other states.

Alison Taylor had received more than a dozen $15 tickets for exceeding the two-hour parking limit in Saginaw. The city marks tires with chalk to keep track of how long a vehicle is parked. Her lawyer argued that a parking patrol officer violated the Fourth Amendment right against unreasonable searches.

A three-judge panel of the appeals court agreed.

The purpose of marking tires was to “raise revenue,” not to protect the public against a safety risk, the 6th U.S. Circuit Court of Appeals said.

“The city does not demonstrate, in law or logic, that the need to deter drivers from exceeding the time permitted for parking — before they have even done so — is sufficient to justify a warrantless search under the community caretaker rationale,” the court said.

[Taylor’s attorney, Philip Ellison ] argued that marking tires was similar to police secretly putting a GPS device on a vehicle without a proper warrant, which was the subject of a 2012 U.S. Supreme Court ruling.

Here is the opinion in the case

Read more

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Clinton was scrubbing emails since she was first lady. Meet Laura Callahan & Project X

 

FBI found Hillary Clinton’s emails in Obama White House, former top official says.

We learn this at the very same time she wants Trump impeachment efforts to continue.

A former top FBI official said a repository of Hillary Clinton’s emails was obtained by the Obama White House

As part of a court-ordered discovery related to Clinton’s unauthorized email server, Bill Priestap was asked by conservative watchdog group Judicial Watch to identify representatives of Clinton, her State Department staff, and government agencies from which “email repositories were obtained” by the FBI.

He divulged a nonexhaustive list, which included the Executive Office of the President.“This astonishing confirmation, made under oath by the FBI, shows that the Obama FBI had to go to President Obama’s White House office to find emails that Hillary Clinton tried to destroy or hide from the American people,” Judicial Watch President Tom Fitton said in a statement. “No wonder Hillary Clinton has thus far skated — Barack Obama is implicated in her email scheme.”

Obama himself said he learned of Clinton’s private email server “the same time everybody else learned it through news reports,” during an interview with CBS News in 2015.

Read more

 

Now that Hillary Clinton has chosen to rise publicly to the Trump impeachment howl with her reciting chapter and verse the prescribed litany of Trump’s “offenses” I couldn’t resist looking back at her earliest days of criminality. That being the use of one Laura Callahan that was a provable crime. Had she been stopped then, we would have spared ourselves a whole lot of pain.

When I first ran into and wrote a post back in 2011 concerning Ms Callahan, it made absolutely no sense why Ms Callahan was hired to the second top position in security. A person who had lied about her resume that indicated her educational achievement was no more than back dated diplomas from a diploma mill.

Not only that, but even when it was discovered, she kept moving up the swamp governmental ladder. Then the ah-ha moment. Now we know why. I will include the old post in its entirety. Obama hires a security risk for sensitive post 2011. Hint: Ex-Clinton staffer ‘lost’ thousands of White House e-mails, booted by DHS for faking credentials. (Laugh line here!)

Hillary Was Burying Emails Since She Was First Lady…

Via NY Post:

May 29, 2016

While the State Department’s own internal probe found former Secretary Hillary Clinton violated federal record keeping laws, it’s not the first time she and her top aides shielded her e-mail from public disclosure while serving in a government position.

As first lady, Hillary was embroiled in another scheme to bury sensitive WhiteHouse e-mails, known internally as “Project X.”

In 1999, as investigators looked into Whitewater, Travelgate, Filegate and other scandals involving the then-first lady, it was discovered that more than 1 million subpoenaed e-mails were mysteriously “lost” due to a “glitch” in a West Wing computer server.

The massive hole in White House archives covered a critical two-year period — 1996 to 1998 — when Republicans and special prosecutor Ken Starr were subpoenaing White House e-mails.

Despite separate congressional investigations and a federal lawsuit over ProjectX, high-level e-mails dealing with several scandals were never turned over. And the full scope of Bill and Hillary Clintons’ culpability in the parade of scandals was never known.

During the Project X email scandal, career White House staffers and contractors found that someone close to the first lady had basically turned off the White House’s automated email archiving system. They fingered White House “special assistant” Laura Crabtree Callahan, who was overseeing the computer contractors

To those well-versed in Clinton shenanigans, this all sounds distressingly familiar.

Keep reading…

Obama hires a security risk for sensitive post


Laura Crabtree Callahan testifying before the House Government Reform Committee in the Project X White House e-mail scandal investigation.

So who is minding the store? Anyone wonder why Laura was chosen? Anyone care? If she can get hired, anyone can apparently.

The administration in May quietly hired Laura Callahan for a sensitive post at the U.S. Cyber Command, a newly created agency set up to harden military networks as part of an effort to prevent a “cyberspace version of Pearl Harbor.”   I ask why do we need a new Department?

Ex-Clinton staffer ‘lost’ thousands of White House e-mails, booted by DHS for faking credentials

Former co-workers say they’re shocked that Callahan passed a security background check and landed another sensitive post inside the federal government.

“She’s a security risk,” said a government computer specialist. “I don’t know how she got clearance.”

“We’re fuming about it,” said another federal employee. “Knowing her, I don’t see how she could ever be 100-percent honest.”

An elite team of computer technicians assembled by the Obama administration to protect Pentagon networks from cyberattack shockingly includes a former Clinton official who “lost” thousands of archived emails under subpoena and who more recently left the Department of Homeland Security under an ethical cloud related to her qualifications, WND has learned.

Investigators found that Callahan paid a diploma mill thousands of dollars for her bachelors, masters and doctorate degrees in computer science. She back-dated the degrees, all obtained between 2000 and 2001, to appear as if she earned them in 1993, 1995 and 2000, respectively. She landed the job of deputy DHS chief information officer in 2003.

The Defense Department last week revealed it recently suffered a massive cyberattack, even as it announced a new strategy to actively combat online threats to national security.

Read more: Look who Obama’s hired for cybersecurity team World Net Daily

Just that vast Right Wing conspiracy don’t you know.

 

Thanks to WhatFingerNews for the coverage! A great site for all the news.

 

 

A citizen’s militia group, 300 illegals and a citizen’s arrest

 

 

Citizen’s Arrest

  by Mustang

Very recently, a citizen’s militia group arrested 300 illegal aliens in the state of New Mexico.  The leader of this group has been arrested and charged as a felon in possession of firearms.  The felony, according to the news, was that he made threats on the lives of a former president and secretary of state.  Whether this is true goes far beyond my interest in the incident, except that it was stated that these militia members could be charged with kidnapping (the illegals).  Note: New Mexico attitudes would be better understood by simple removing the word “New” in its title.  But there is a larger issue.  I’ll present it in steps.

Step 1: Title 8, United States Code 1325: Improper entry by an alien

            Any alien who (1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or (2) eludes examination or inspection by immigration officers, or (3) attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact, shall … be fined under Title 18 or imprisoned not more than six months or both, and …

Step 2: United States Common Law

            In the United States, a private person may arrest another without a warrant, for a crime occurring in their presence.  For which crimes this is permitted may vary from one state to another.

Step 3: New Mexico Law: Stat 31-4-14 (1937)

            The arrest of a person may be lawfully made also by any peace officer or private person without a warrant upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment for a term exceeding one year, but when so arrested the accused must be taken before a judge or magistrate with all practicable speed and complaint must be made against him under oath setting forth the ground for the arrest … and therefore his answer shall be heard as if he had been arrested on a warrant.

Discussion

The simple part of this is that citizens of the United States armed themselves and went to a known illegal alien trafficking area.  While in this area, 300 illegals came upon these citizens and surrendered, requesting asylum.  The citizens held them (detained them) and called for immigration officers, who arrived and took said 300 asylum-seekers into custody.  By the wording of the federal statute, illegal entry appears to be a misdemeanor, not a felony, unless the perpetrator has unlawfully entered the United States on more than one occasions.  In my view, this is a serious fallacy of the federal law.  First time offense should be a felony and treated as such.

Since this incident, all the far-left whacko’s in Nuevo Mexico have experienced a pandemic of exploding heads.  The citizens are being described, among other things, as vigilantes and armed thugs.  The illegal aliens are being described as “asylum-seekers.”  In both examples, an appeal to emotion that defeats their position from its beginning.  But I do think that the matter should interest all of us.

If these citizens have taken it upon themselves to augment an overwhelmed border patrol, I should think that federal authorities would be grateful for their help.  Maybe the state and federal government should encourage American citizens to involve themselves.  For example, they could organize state and/or federal posse’s —the membership of which could be carefully regulated with mandatory training and certification.  They might also secure a waiver for liability should any of these citizens be killed while acting in such capacity (which is entirely possible along the US-Mexico border).

But were these illegal aliens kidnapped?  No.  They were detained.  Law enforcement was summoned to the scene immediately.  Were these citizens acting as vigilantes or thugs?  It doesn’t sound like it to me.  But here’s what didn’t happen: no shots were fired; no one was cuffed; no one was transferred to another place against their will.

What it does sound like is that the federal government, who by the mere size of the US-Mexico border region, is incapable of doing its job, but does not want the scrutiny of citizens who simply want to achieve safety in their own communities.  Rather than taking advantage of citizens willing to step forward (at no cost to either state or federal authorities), they are in the process of heaping charge after charge against them.

UPDATE:

United Constitutional Patriots New Mexico Border Ops more still flooding in

 

Video of what happened:  https://www.dailymail.co.uk/video/news/video-1907580/Video-armed-militia-catch-asylum-seekers-cross-border.html

Kidnapping is a serious offense.  I’m not seeing any element of kidnapping in this case, but since the authorities want to play hardball (to make an example of them) these fellows would be best advised to find a damn good lawyer.

Why this post?  I’m curious about the opinions of Bunkerville readers.

—George Orwell

Mustang has other great reads over at his two blogs – Thoughts from Afar

with Old West Tales and Fix Bayonets

Thanks to WhatFingerNews for the coverage! A great site for all the news.

Former Biden Aide says ‘Joe Biden’s roll out half-assed’ UPDATE

 

I for one am glad to hear that good old Joe may be stumbling along to find his way out the gate. Amazingly no one seems even troubled by his corruption to this point.

UPDATE:

Biden sources: Maybe we’ll launch on Wednesday … or maybe we won’t; Update: Not in Charlottesville 

 

Joe Biden’s roll out half-assed

Joe Biden

“I’ve never seen anything so half-assed,” one unnamed former Biden aide told TIME.“They’re improvising and doing last-minute planning. The guy has been running for President since 1987 and can’t figure the basics out, like where to stand on his first day? This should make everyone very nervous.”

With a record in elected office that stretches half a century, Biden faces multiple challenges.

Last month he struggled to respond to claims he touched 2014 Nevada lieutenant governor nominee Lucy Flores’ shoulders and kissed the back of her head before a campaign event. A few other women have made similar claims, though none has alleged sexual misconduct.

His first White House bid in 1988 ended after a plagiarism scandal. And in recent weeks, he was repeatedly forced to explain his 1991 decision, as Senate Judiciary Committee chairman, to allow Anita Hill to face questions about her allegations of sexual harassment against Clarence Thomas, then a nominee for the Supreme Court. Biden has since apologized for his role in the hearing. But in the #MeToo era, it’s another example of why critics believe he may struggle to catch on with the Democratic primary voters of 2020.

Less we forget:

Uncle Joe and Hunter Biden Ukraine corruption springs back to life

Then of course

Hunter Biden inked a billion-dollar deal with a subsidiary of the Chinese government’s Bank of China just 10 days after the father and son flew to in 2013. That story has been out there forever and never got traction. But this Ukraine thing…well, that’s what happens when the Democrats insist on turning over the rocks on Trump and the Ukraine.

 

But first, Biden back in February had to make the requisite hate america in Europe speech

Joe Biden goes to Europe and blasts America – Calls the U.S. an ’embarrassment’

Speaking to European allies, Biden trashed America with an open hostility.

“The America I see values basic human decency, not snatching children from their parents or turning our back on refugees at our border. Americans know that’s not right,” Biden asserted.

“The American people understand plainly that this makes us an embarrassment. The American people know, overwhelmingly, that it is not right. That it is not who we are.”

 

Other than this, all is well in the swamp.

Thanks to WhatFingerNews for the coverage! A great site for all the news.

Happy Easter! He is Risen!

 

 

He is Risen Indeed!  Happy Easter to everyone…….

Page down for politics.

 

Posted in Religion. Tags: . 20 Comments »

The Capitol’s Statuary Hall has Johnny Cash moving in. Replacing Confederate Statute

 

 

Johnny Cash

In another politically correct move, Statuary Hall located  in the Capitol will be having a new look. No doubt in a move to highlight the cultural phenomenon that changed Arkansas. Out go supposedly Confederate Statute fellows replaced with musician types. Johnny Cash is coming to Statuary Hall

Look, I got it, with reparations under discussion, the Civil War history needs to be cleaned up and moved out. But Johnny Cash? It is claimed that Clarke, who was once a US Senator, held segregationist views and Rose had sided with the Confederacy. They are moving out. I vote for Rocky Balboa next. Why not?

 

National Statuary Hall

 

According to a report from the Washington Post.

The Statuary Hall Collection comprises 100 statues, two from each state. It was created by an act of Congress in 1864 to allow each state to commemorate “deceased persons who have been citizens thereof, and illustrious for their historic renown or for distinguished civic or military services.” Decisions about which individuals to memorialize are made by state legislatures and governors.

The installation of Confederate leaders in the seat of American political power is neither accident nor oversight. In happened in the early years of the 20th century with the emergence of the so-called Lost Cause myth, which idealized and whitewashed the Confederacy’s origins and existence.

 

Each state is allowed to have two statues on display and are permitted to replace them as long as they cover the costs.

Bonus: See earlier post:

 

Thanks to WhatFingerNews for the coverage! A great site for all the news.

 

Good Friday – ‘Jesus Remember Me’

 

 

A beautiful chant from Taizé, France, based on the words of one of the men crucified with Jesus, underscores a meditation on the face of Christ, his suffering, death and resurrection

Luke 23:42-43 New International Version (NIV)

42 Then he said, “Jesus, remember me when you come into your kingdom.[a]

43 Jesus answered him, “Truly I tell you, today you will be with me in paradise.”

 

 

 

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