There was a bunch of it in this week's really interesting argument regarding anonymous tips.
From the AP:
There were no sound effects and certainly no cameras on hand when
Supreme Court Justice Antonin Scalia turned an already entertaining
argument over a traffic stop on a two-lane road in northern California
into drama worthy of Hollywood.
Not even information that a
carload of terrorists heading to Los Angeles with an atomic bomb would
be enough to justify police stopping the car, if the tip came from an
anonymous source, Scalia suggested Tuesday, using an extreme example to
urge a lawyer for two suspects appealing their conviction to stand firm.
"I
want you to say, 'Let the car go. Bye-bye, LA,'" Scalia said, drawing
laughter from the audience as well as some colleagues.
While the rest of Washington stayed home in the snow, the Supreme
Court was in session Tuesday and the justices had what, for them, seemed
a rollicking good time.
The legal issue before the court is
whether an anonymous tip about reckless driving is enough under the
Fourth Amendment for police to pull over a car, without an officer's
corroboration of dangerous driving.
Two brothers pleaded guilty to
transporting marijuana after California Highway Patrol officers pulled
over their silver Ford 150 pickup based on a report of reckless driving.
The
officers did not observe erratic driving, but acted after dispatchers
received a 911 call saying the vehicle had run the caller off the road
and identifying it by its model, color and license plate. A subsequent
search revealed four large bags of marijuana. The brothers argue in
their appeal that the traffic stop violated their constitutional rights,
based on an earlier high court ruling that anonymous tips by themselves
ordinarily are not sufficient for police to detain or search someone.
The
justices often try to test the arguments of the lawyers before them by
hypothesizing about extreme positions. In this debate, Chief Justice
John Roberts came up with a tip about a girl being tossed in the trunk
of a car and kidnapped. Not enough, lawyer Paul Kleven said on behalf of
the brothers.
"You get an A for consistency. I'm not sure about common sense," Justice Anthony Kennedy said.
But
Scalia proved a stricter grader, after Kleven hesitated to agree that
the car with the nuclear weapon couldn't be stopped. "That may be a
situation, again, where the court decides that he risk is so great,"
Kleven began before Scalia cut in.
"So you see, he's not consistent," the justice said.
Lawyers
for California and the Obama administration, defending the traffic stop
based on the anonymous tip, said keeping the public safe from drunken
drivers outweighs the intrusion of a traffic stop. They said a tip about
someone driving recklessly would be enough because reckless driving
often follows having had too much to drink.
But Justice Sonia
Sotomayor said people use the term "reckless" differently, suggesting
she might not accept the governments' argument.
Sotomayor gave as
an example her mother, who doesn't like it when the justice tops 50
miles per hour behind the wheel. "She thinks that when I'm going 51, I'm
speeding and reckless," Sotomayor said.
Meanwhile, the New York Times
had a good read about kosher meals in prisons:
Captive diners know that a good meal is hard to find.
Airplane
passengers, for instance, have been known to order kosher meals, even
if they are not Jewish, in the hope of getting a fresher, tastier, more
tolerable tray of food. It turns out that prison inmates are no
different.
Florida
is now under a court order to begin serving kosher food to eligible
inmates, a routine and court-tested practice in most states. But state
prison officials expressed alarm recently over the surge in prisoners,
many of them gentiles, who have stated an interest in going kosher.
Their
concern: The cost of religious meals is four times as much as the
standard fare, said Michael D. Crews, who is expected to be confirmed as
secretary of the Department of Corrections in March.
“The
last number I saw Monday was 4,417,” Mr. Crews said of inmate requests
at his recent confirmation hearing before a State Senate committee.
“Once they start having the meals, we could see the number balloon.”
To
which, Senator Greg Evers, the Republican chairman of the Senate
Criminal Justice Committee remarked: “Is bread and water considered
kosher? Just a thought. Just a thought.”
Scalia's joke was much better than Evers'.....
Read
more here:
http://www.miamiherald.com/2014/01/21/3884185/justices-weigh-anonymous-tips.html#emlnl=Afternoon_Update_Newsletter#storylink=cpy
2 comments:
http://www.local10.com/news/angela-corey-subject-of-george-zimmermans-newest-painting/-/1717324/24064554/-/7v0s4nz/-/index.html ANGELA COREY IS A DISGRACE TO YOUR PROFESSION
http://www.local10.com/news/father-of-6-ambushed-in-miramar/-/1717324/24064572/-/92akol/-/index.html FATHER OF SIX KILLED, NOW FATHER'S JAIL HOUSE PICTURE WILL BE PERPETUATED TIMES SIX FOR THE NEXT GENERATION. THE BLACK COMMUNITY IS DESTINED TO BE IMPRISONED/ POVERTY BY BLACK ON BLACK CRIME.
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