#3
I was told that Rikers Island is nice in spring
Posted by: European Conservative ||
05/17/2011 7:20 Comments ||
Top||
#4
You know, he sounded like he was a perve
But don't you think the timing is *curious*
I mean the head of the IMF goes to jail the day that the US is supposed to hit the debt ceiling
so the Eurozone goes into chaos and US treasuries actually increase, instead of the dreaded decrease.
I read European COnservatives comments on the other page.... lots of things don't add up. It's true they have swipe cards so how can you not know a room is occupied.
I mean he might be totally guilty
But you know what.... people game the markets these days. This is a gameable event. You can make money off it. If you know in advance what is to happen you make money from treasuries and the FX
Posted by: Frank G ||
05/17/2011 8:15 Comments ||
Top||
#6
anon1
My first reaction was: Can this be real? That a guy with his standing would jump a maid within seconds he discovers her in his suite? It sounds crazy.
But frankly, I'd think that NYPD wouldn't have acted so fast if they weren't VERY convinced of what the maid reported.
And the judge did seem to believe her, too.
I'm pretty sure we haven't heard all the details yet, and some may have been reported wrong and contradictory. That may very well be the intent of the prosecution.
Let's wait for DNA. Then I bet the defense will come up with "but it was consensual", after denying first that any encounter has taken place.
Conspiracy? No.
Trap? Up to him to fall in, I guess.
Posted by: European Conservative ||
05/17/2011 8:32 Comments ||
Top||
#7
Putting him on Rikers Island without bail because he's a flight risk means there's some pretty damning evidence, at least about the plane flight. Key would be when and how the ticket was purchased. Has anyone heard anything about that? And I'd bet they've got the DNA answers already but are keeping it in camera. If it was a trap he not only fell in, but kept digging.
#8
He was scheduled to meet Angela Merkel (Phew!) the next day so I suppose the ticket wasn't purchased in the last minute.
I'd rather think that he felt secure and the (French) hotel would cover up the incident.
Maybe the maid was just steadfast enough.
Btw some French media are giving her full name and have published photos of her and EVEN HER DAUGHTER.
Class Act
Posted by: European Conservative ||
05/17/2011 9:17 Comments ||
Top||
#9
"The evidence, we believe, will not be consistent with a forcible encounter," said Ben Brafman, the high-powered lawyer of IMF chief Dominique Strauss-Kahn, at the suspect's sensational arraignment in a packed criminal courtroom.
Here you have it. They are going for consensual. Don't think this will work.
Posted by: European Conservative ||
05/17/2011 9:19 Comments ||
Top||
#10
I have viisted the websites of the three lmain French daily newspapers and I have been unable to find any photo of the victim.
#14
According to French media her name is "Nafissatou Diallo", she's a Moslem immigrant from Western Africa.
Why is it that in he US one can see photos of the accused (presumed innocent) but not of the (alleged) victim? meanwhile in France Dominique (who is a man) has his lawyers threatening to sue anyone publishing his manacled photos?
#24
Seriously, though, doesn't this whole thing kind of stink? I mean, we've got one of three choices here. Either a) the president of the IMF and one of the most powerful politicians in France is probably a serial rapist (by which I mean he's done this sort of thing before and always gotten away with it), b) it was a setup, or c)sex with the maids is totally part of the service at this hotel and everybody knows it, in which case see "b."
Posted by: European Conservative ||
05/17/2011 15:54 Comments ||
Top||
#27
Different countries have different laws about hat may be told or shown before verdict is returned. Apparently the French do not name anyone not formally accused, lest it impact privacy, and VIPs are rarely formally accused unless the deed affects their ability to perform their jobs. We do things differently in America.
#28
Apparently there's been a second person step forward and accuse Strauss-Kahn of attacking her, so there may well be something to the story. I can't believe it would be played this much if there wasn't something to it. Since about half the people working for the IMF are criminals of one sort or another, his guilt shouldn't hurt his job. May hurt his ability to get a hotel room outside of Soddy Arabida, though.
Posted by: Old Patriot ||
05/17/2011 20:50 Comments ||
Top||
#29
There are articles today about how the maid is 'traumatized' which started my scepticism meter twitching. I see a big fat payout in the future.
Otherwise I find it difficult to believe even a French socialist would do something so reckless, unless drugs were involved.
#30
The second person, according to NPR, is the goddaughter of the gentleman's wife, who claims he attacked her when she was a newly minted journalist, during an interview. "Like a chimpanzee in heat," is how her description was translated.
#1
Uncle Muammar may be pro-Africa but no way was he going to abdicate in order to end up moving to any unstable Third World African State(s) as likely to betray him to the US-NATO/EU as they are mired in seeming permanent poverty + sectarianism.
Read, PAKISTAN-VERSUS-PAK-WARD-OSAMA during the Abbottabad Incident.
[The Nation (Nairobi)] Ms Winnie Byanyima, the wife to Ugandan opposition leader Dr Kizza Besigye was at 6:30 this morning besieged in her car right outside their family gate and towed by a police truck to Kasangati cop shoppe, about 20 kilometres from the country's capital, Kampala.
The police believed the opposition leader was in the car. Ms Byanyima however was with Dr Besigye's driver, and two aides heading to Entebbe International Airport, to catch a 9:00am British Airways flight to New York, where she works as director for gender in the Bureau for Development Policy at the UNDP.
Ms Byanyima says she is outraged by the incident and will instruct her lawyers to take on the Police Chief Maj Gen Kale Kayihura and also demand an apology. She said their family home is now under siege by the police and other security operatives.
"I am absolutely furious at this incident, and it seems my husband is now a hostage...they (police) have besieged my home," Ms Byanyima said in an interview with Daily Monitor, moments after getting released. She narrates that when she got out of the family gate at 6:30, five police trucks had been positioned at the gate. Several coppers in anti-riot gear jumped down and surrounded the car, while others took position about 50 metres away.
"I then opened my car window to find out what was happening, but it was very frightening, so I closed my window, but they (police) kept walking around the car. This was a full operation, they brought a police truck which towed us to Kasangati cop shoppe," the senior UN official said. While at the cop shoppe, she says one police officer knocked the door and she opened.
"There was heavy deployment of the military police, red tops and officers in regular uniform. I also saw water canon trucks, but when they realized Dr Besigye was not in the car, the coppers jumped into their trucks and drove back to our family home," Ms Byanyima says of the incident.
Two police women were left behind to watch over her. "I asked the police women why they were doing this to me, and whether they want me to make a statement or just go back home. But they did not answer me," she narrates. After 45 minutes, Kasangati police commander ordered for her release.
"I now cannot make it for the 9am flight and what do they expect me to tell my boss, they held the wrong person, because I know they targeted my husband, it is very disturbing," she added, "I don't fear for myself, but I fear for my husband.
Posted by: Fred ||
05/17/2011 00:00 ||
Comments ||
Link ||
[11123 views]
Top|| File under:
[An Nahar] Three days of rioting linked to last month's presidential elections in Nigeria left at least 800 people dead, Human Rights Watch ... dedicated to bitching about human rights violations around the world... said on Monday. The Moslem guy lost, y'see...
"Deadly election-related and communal violence in northern Nigeria following the April 2011 presidential voting left more than 800 people dead... The victims were killed in three days of rioting in 12 northern states," the New York-based rights watchdog said in a statement.
Nigerian authorities have so far refused to give a toll of the violence sparked by the victory of incumbent Goodluck Jonathan ... 14th President of Nigeria. He was Governor of Bayelsa State from 9 December 2005 to 28 May 2007, and was sworn in as Vice President on 29 May 2007. Jonathan is a member of the ruling People's Democratic Party (PDP). He is a lover of nifty hats, which makes him easily recognizable unless someone else in the room is wearing a neat chapeau... , ahead of opposition politician Muhammadu Buhari.
A local rights group had estimated that more than 500 were killed.
The April 16 election won by Jonathan, a southern Christian, led to an kaboom of rioting across the mainly Mohammedan north, the home region ex-military ruler Buhari.
HRW has urged Nigeria to probe the killings and prosecute perpetrators of the violence which also saw churches, mosques and houses set ablaze.
Jonathan last week inaugurated a 22-member panel to investigate the unrest as well as pre-election violence. It is headed by a prominent Islamic scholar.
While the April vote was judged both at home and abroad as "among the fairest in Nigeria's history, but they also were among the bloodiest," said Corinne Dufka, A HRW senior West Africa researcher.
"The newly elected authorities should quickly build on the democratic gains from the elections by bringing to justice those who orchestrated these horrific crimes and addressing the root causes of the violence," she said.
Nigeria, Africa's most populous nation, has a mostly Mohammedan north and a predominately Christian south.
Posted by: Fred ||
05/17/2011 00:00 ||
Comments ||
Link ||
[11130 views]
Top|| File under:
Two manufacturers have revealed Light Emitting Diode (LED) bulbs they will offer to replace the 100W bulb, at a retail price of about $50 each. They only produce the amount of light typically provided by 60W bulbs.
Congress passed a law in 2007 mandating that bulbs producing 100 watts worth of light meet certain efficiency goals, beginning on January 1, 2012. The same rule will start apply to remaining bulbs 40 Watts and above in 2014.
Since January of 2011, California has already banned stores from restocking 100-watt incandescent bulbs, in an effort to prevent hoarding.
Importantly, some manufacturers are already marketing 100W bulbs that are markedly dimmer than standard bulbs, as measured in Lumens, which rate brightness. Traditional 100W bulbs emitted at least 1500 Lumens, whereas some 100W bulbs now emit as little as 950 Lumens, about the same brightness as a standard 60W bulb. Lumens are usually numbered on the outside of the box.
The big problem with LEDs is that although they don't produce as much heat as incandescent bulbs, the heat they do create shortens the lifespan and reduces the efficiency of the chips. Cramming a dozen chips together in a tight bulb-shaped package that fits in today's lamps and sockets makes the heat problem worse. The brighter the bulb, the bigger the problem is.
The most powerful pear-shaped LED bulbs in stores today the kind that fits existing lamps produce light equivalent to a 60-watt bulb, though there are more powerful ones for directional or flood lighting.
#3
...that's the cheat. Easy Bake ovens powered by a 'heating device' rather than illuminated by a light bulb. If the government can fast and loose with 'regulations' substituted for laws, then enterprising businessmen can redefine a product as well.
#6
Over the years I've gradually replaced most of my 100W incandescent bulbs with regular fluorescents or halogen bulbs. I use an occasional 100W for porch lights or temporary lighting off an extension cord. I find compact fluorescents not as bright as their posted lumens indicate, and that they noticeably lose brightness as they age. 3 23-watt CFL's are about as bright as a 100W bulb.
#8
Some enterprising guys in Germany are selling Heat Bulbs - little devices that convert electricity to heat and give off a little bit of light in the process. You and I and Mr. Edison might regard them as plain old incandescent light bulbs, but let's not argue with the geniuses running the EU who obviously know more about the world than we do.
#9
So how much of that $50 is actually taxes and largesse for the great economy eating machine in Washington?
Actually, I've already converted all of my light bulbs to CFL's and I have a few LED's. The LED's don't work in my fan lamps, something about frequency distortion due to the fan motor or something like that.
I find a 100W bulb a bit bright. I've made sure that all of the CFL's are 60W equivalent. For reading we all have task lighting that is usually a halogen.
Some how some way, we have to reduce energy consumption. Since the vast majority of the electricity is generated by fossil fuel, this may be one way to reduce oil consumption. It's funny though, we have one group of environutniks out there talking the government into removing dams and their associated hydroelectric generation capacity and we have another group of environutniks railing against fossil fuels. And then we have the group that hug trees...so how are we supposed to heat our homes and cook our food, burn horse dung after cars are outlawed?
Posted by: Bill Clinton ||
05/17/2011 10:47 Comments ||
Top||
#10
how are we supposed to heat our homes and cook our food, burn horse dung after cars are outlawed? Dr. Evil says you're supposed to DIE, not do any of that other silly stuff.
Posted by: chris ||
05/17/2011 11:40 Comments ||
Top||
#14
When the ban hit Europe, there was panic buying. Some people cannot be in CFL lighting for more than a minute or two before experiencing severe migraines. Their desperation in trying to buy the last few incandescent bulbs at *any* price was downright pitiful.
Some are now reduced to having to light their homes at night with oil lamps. Yet there is absolute intolerance by their governments, that offer no waiver for medical reasons.
#15
Some how some way, we have to reduce energy consumption.
Speak for yourself. As far as I am concerned, the progress of human civilization has been the result of increasing energy production and consumption not reducing. This is not to endorse waste or inefficiency, but to recognize that energy is what allows us to live in temperate climates, to travel and to have far more leisure. Reduce your consumption all you want, but for me it's drill, baby, frac.
#20
Reductions in energy consumption will come from the initiative and innovation of private corporations and individuals. When they bring it to market it will be up to individuals to perceive the value of the innovation and decide whether to buy it or not.
Government mandates only skew the market and screw up the supply and demand curves that determine price and supply.
Posted by: Bill Clinton ||
05/17/2011 18:25 Comments ||
Top||
#1
...because they couldn't tell the difference between 'subsidy' and 'stimulus'. Could have looked it up in the dictionary. They still can't comprehend the difference between those things which consume taxes and those things which generate revenue upon which taxes are derived. If your boost the latter, it tends to support the former.
DENMARK, which already counts Greenland and the Faroe Islands as its Arctic territories, is planning to lay claim to the North Pole, a daily reported on Tuesday, quoting a leaked foreign ministry paper.
'The country is expected to lay claim to the continental shelf in five areas around the Faroe Islands and Greenland, including the North Pole itself,' the strategy paper reads, according to the online version of the Information daily, which said it obtained a copy of the strategy document set for publication in June.
If Denmark's 'Arctic Strategy 2011-2020' is adopted, the claims would put the Scandinavian country on a collision course with Russia, the United States, Canada and Norway.
The five countries all have claims in the region, where melting polar ice and new technologies have made the 'high north' easier to access and fuelled competition for untapped oil and gas reserves.
The Arctic seabed is thought to hold about 90 billion barrels of oil and 30 per cent of the world's undiscovered gas resources, according to the US Geological Survey.
The North Pole seabed itself is however not believed to hold large reserves, but appears to hold symbolic value for the countries in the region.
#2
Denmark just has look across the Skagerat(sp?) to see a country that is awash in oil and gas money. Where a cow gets more government subsidy that most people in the world earn in a year.
#4
You and whose army claims the North Pole, Denmark?
Besides, Canadian air charter operator Kenn Borek Air has flown DHC6 Twin Otter aircraft on skis to the Pole from Resolute for decades. They own the airstrip, heh.
Posted by: Alaska Paul ||
05/17/2011 20:05 Comments ||
Top||
#5
Russia-vs-Japan [you know, SSSSHHHHHH....CCCCC CHINA] in the SOUTH KURILES.
Paul Moloney used to post these regularly, back in the day. It's been a while, and I thought it time to revisit the tradition.
Gwadar recedes into past
Reported in daily Jinnah Gwadar was planned as an international vacationing point eight years ago with a free port, an economic zone and a holiday resort. But today it was a home to ghosts with nothing developed as per plans, only signboards indicating where the big hotels were to come up. The Chinese have completed the port which is ready for ships but there are no ships. Gwadar was linked to Karachi through a costal road but Gwadar itself has receded into its past of wilderness.
Bogus degrees holders don't show up
Election Commissioner was quoted by Jinnah as saying that powerful politicians like Nadir Magsi and Israrullah Zehri with reports of bogus educational degrees had not shown up to clear themselves with proof. Over 200 cases were being processed.
Pak driver writes love letter to Ms Kennedy!
Reported in Jinnah a Pakistani driver named Umar in New York wrote a love letter to the granddaughter of late President John F Kennedy and was put behind bars for four months. He came out of the prison and at once announced that he would ask for the hand in marriage of Ms Kennedy formally.
Shah Mehmood versus 'Pharaoh' of US
Quoted in Jinnah ex-foreign minister Shah Mehmood said he had no personal interest (zati lalach) and that was why when the time came to stand up to the pharaoh of America he was able to give a good account of himself. He said army should take serious note of what the Americans said about Pakistan's anti-terrorism policy.
Political parties are into 'bhatta'
Daily Jang quoted IG Sindh as saying that all the three parties in the ruling alliance in Karachi were taking protection money (bhatta) and grabbing land and had special wings doing this activity. He said all three -- MQM, PPP and ANP -- were responsible for the bad law and order situation in Karachi.
A Canadian-Muslim problem!
Reported in Jinnah one Pakistani Muslim Jahanzeb Niazi in Canada began to live together with a Hindu lady named Roshni and begat her with a son without getting married to her. After four years the two separated and Niazi brought his son to Pakistan. They were followed by the mother who wants her son back. In Canada it was not a problem but in Pakistan both might have to be punished for fornication and the son might have to face consequences of being na-jaez (illegitimate).
'Plot to kill Bhutto prepared before me!'
Old advocate general under General Maqbool Malik was quoted by Jang as saying that the plot of the judicial murder of Bhutto was prepared before his very eyes and that he would be willing to testify in the court of law if he was called by the Supreme Court.
Target-killers are ANP and MQM!
Daily Jang reported that of the 26 target-killers arrested most were from the two wings of MQM, ANP and two sectarian outfits named Sipah Sahaba and Sipah Muhammad. The PPP did not have a single member among them while 14 were from MQM, 5 from Lashkar Jhangvi, 3 from Sipah Sahaba and one each from ANP and Sipah Muhammad (Shia).
Americans have moved in!
Leader of terrorist organisation Sipah Sahaba Ahmad Ludhianvi was quoted in Jinnah as saying that the Americans who were spreading provocation in the Middle East had all moved into Pakistan to complete their job here. He said chalkings against Saudi Arabia in Pakistan were a conspiracy against Islam. He asked that US interference in Pakistan be stopped.
Take Kashmir, save water!
World-famous jihadi leader Hafiz Saeed told Jinnah that Pakistan had to attack and take Kashmir from India otherwise there will be no water to drink and no electricity in Pakistan, because all the rivers of Pakistan came out of Kashmir. He said the government may be helpless to act but not he and his jihadis.
Woman burns Quran in Rahimyar Khan
A woman in Rahimyar Khan was reported in Jinnah as having burnt the Quran. The police was convinced that the woman was mad but the people were agitating and were dangerous for the safety of the mad woman after which the police took the woman into custody.
After Musharraf, Zardari!
Famous columnist Hamid Mir wrote in Jang that Musharraf attacked GEO TV because the latter was defending Chief Justice Iftikhar Muhammad Chaudhry, and new President Zardari was doing the same thing to GEO TV. Now the strategy was to tame all the media before attacking the judiciary.
Bridegroom runs for his life
Reported in Jinnah a Qaidabad wedding fell into disarray during the local ceremony of doodh-pilai (bridegroom drinks milk) after which the sasuraal (bride's home) people demanded money. When the bridegroom did not give the money he was beaten up. When the relatives of the bridegroom came to his defence they were roundly thrashed too. After that the bridegroom ran from the wedding followed by his relatives while the bride's party beat them with sticks. The wedding party barely saved their lives (jaanain bachaeen).
Imran Farooq was behind target-killing
Daily Jang reported that the murdered London-based MQM leader Imran Farooq was behind the target-killings in Karachi organised by one Afzal Pahari. This revealed that the killings were planned in London although Imran Farooq may have done this on his own and not for MQM.
Bhutto case spoiled by PPP
Lawyer Ahmad Raza Qasuri who lodged the FIR that killed Bhutto told Jinnah that it was the PPP that caused its leader to be killed because of the delays it caused in the case. He said Bhutto was greatly scared of the FIR against him but Qasuri kept steady despite all pressures. He said PPP lawyer Yahya Bakhtiar was doing more personal projection than defending Bhutto, which destroyed the case (baira gharak). He said Bhutto was responsible for the breakup of Pakistan. He added that present federal Law Minister of PPP Babar Awan distributed sweets on Murree Road after Bhutto was hanged.
Kamal Azfar turns hostile
PPP lawyer Kamal Azfar was reported by daily Jinnah as saying that he was ready to present the NRO review petition but the law ministry completely bamboozled him (matt maar di). He said the Supreme Court wanted to do justice but the government representatives had lost all hope of winning the case.
Imran Khan great leader
Writing in Jang the best Urdu columnist Haroon Rasheed stated that he was pained to hear that Tehreek Insaf would join the Punjab rally of the MQM and approached Imran Khan to challenge this decision by him. Although the media had spread the news, Imran Khan was upset and at once said that his party would not attend the MQM rally. But the media kept on giving out the same news. Imran Khan was a great man but an incomplete politician whom Haroon Rashid knew personally for the last 16 years. It was wrong on his part to take Meraj Muhammad Khan as party member.
Nb: at the link there are really wonderful ink drawings for each item. For whatever reason they did not come with the text, no doubt a reflection of my copy/paste skills. Click on the article title to go there and see for yourself.
#1
IOW, CHINA + its "little brother", BFF PAKISTAN need the RUSSIANS = RUSNAV to save Gwadar, which in turn would give the Russ what they'd always wanted during the Cold War, + as per one of their rationales for invading Afghanistan back in the day.
No surprise here, espec given Pakistan's BAD-N-STEADILY-WORSENING ECON PROBLEMS.
* BHARAT RAKSHAK > [People's Daily]CHINA'S LEGISLATURE MULLS PACT [Mutual Cooper = Mutual Defense?] WID PAKISTAN TO FIGHT THE "THREE EVIL FORCES", i.e. Terrorism + Separatism, + Extremism.
* SAME > [PAK Federal Interior Minister] MALIK SAYS COUNTRY IS RUNNING ON LOANS.
Pak = USA = the problems wid Deficits + Debt Ceilings???
* SAME > CHINA FEARS JASMINE REVOLUTION,as symbolized in anti-Govt, pro-Libertarian protests, activities in HONG KONG + threat of local migration to lands outside of mainland China.
The Supreme Court on Monday gave law enforcement officers new authority to enter a home without a warrant. The court ruled 8 to 1 that Kentucky police who smelled marijuana at an apartment door, knocked loudly and announced themselves, and then kicked in the door when they thought the drugs were being destroyed did nothing wrong. Justice Ginsberg was the sole dissenter, saying "The court today arms the police with a way routinely to dishonor the Fourth Amendment's warrant requirement in drug cases...In lieu of presenting their evidence to a neutral magistrate, police officers may now knock, listen, then break the door down, nevermind that they had ample time to obtain a warrant."
The Supremes overturned a ruling by the Kentucky state supreme court which had said the police had created the emergency circumstances that they used to justify their failure to get a warrant to enter the apartment.
#4
Last week, I thought the similar Indiana case would be resoundingly overturned by the US Supremes; shows you how in touch with current realities I am. I can't believe the only strict constitutionalist in the bunch is Ginsberg.....
#5
I was thinking about posting an article, too. This is not a hole, but an abyss.
Carte blanche (pardon the French) to raid any home without a warrant.
"We knocked, heard a toilet flushing so we broke the door"
This is crazy.
Posted by: European Conservative ||
05/17/2011 13:39 Comments ||
Top||
#6
The ONLY reason officers should enter a home without a warrant or un-invited is IF and ONLY there is an IMMEDIATE threat to the inhabitants, and even then any evidence gathered without a warrant should be inadmissible.
#7
Present the evidence they knocked and yelled police.
Lucky nobody got shot, dig? What did they think would happen, think they would not try to destroy evidence? Where is the evidence of the drug sale or did they sting without video or audio? Why not wait for them to leave then bust them and have a warrent instead of storming the castle? I don't know who is who and maybe they were bad guys, but without these simple questions taken into consideration, its either shoddy or too aggressive law work.
#10
I am suddenly feeling very nervous about this country surviving long enough for me to reach retirement.
Posted by: Charles ||
05/17/2011 16:36 Comments ||
Top||
#11
I keep thinking back to this, what a load of bullshit. The officers acted on a glorified (and understandable) hunch, when the original target was not found the evidence should have been dismissed - and was until el supreme. I have to ask (other than the officers' drug sniffing degrees and test scores) how would the officers have determined which apartment to search had there not been a distinctive oder? Which ones have nice cars out front? Certain music? Whether the door is locked? Race or accent of apartment dweller?
My other observation is who pushed pot bust in obvious violation as, acting on a hunch, was a random search of a private residence, all the way to the big gov supreme? 8 to 1, despicable. Hey court, I was taught when I was growing up that the bad guys wear black so does that mean if I had a badge I could search anyone wearing black because they might have drugs on them?
Charles I understand, Judge Dredd powers with diminishing acceptance standards.
#12
This case should have been simplified to a single issue.
Often is the case in police pursuits in buildings, where the police are confronted by more than a single door, not knowing behind which door a suspect retreated. While the law permits them entry through other doors,
1) Unless the suspect is behind that door, or what is behind that door is under the control or use of the suspect prior to or in the course of the pursuit, and would serve as evidence against him, while being at risk of destruction otherwise, before a warrant could be obtained, it is inadmissible as evidence.
2) If an officer enters a wrong door and finds evidence related to a crime or crimes, he may confiscate that evidence, but it is inadmissible as evidence in a separate case from the suspect.
Thus the failure of this Supreme Court decision can be better seen in the light of an extreme case:
In pursuing a suspect, the police observe him fleeing into an apartment building. Then having cleared all corridors and storage areas, the police assume he has fled into 1 of 100 rooms.
In that the suspect is regarded as a severe threat, the police decide to systematically enter each and every room. If the persons therein are innocent, they will be evacuated.
However, in the course of this emergency, many people are detected as doing, or being in possession of, illegal things. With this SCOTUS ruling, they can all be arrested.
Room 99 is rented by the suspect's mother, and he has full and free access to it, though he lives in apartment 100, where he has fled.
So after breaking through 98 other doors, they break into his mother's apartment. Divining that there is evidence related to the investigation of the suspect, in the simplified version of the decision, it would be admissible.
Finally, they break down door 100, arrest the suspect with admissible evidence against him.
In the SCOTUS decision, though, 30 other people may be arrested as well, which is clearly a violation of the 4th Amendment. In the simplified version, while the police may have confiscated duffel bags full of contraband, none of them may be charged.
The number of delayed-notice search warrants spiked nationally from nearly 700 in fiscal year 2007 to close to 2,000 in 2009.
While billed as an anti-terror tool, (a sneak-and-peek warrant) had no requirements on it that it precluded it from being used in standard criminal investigations.
#15
FR, perhaps you or somebody could help explain your good link. Police knock on door, say open or else...it is a violation if King opens the door or tells them to go off and the police enter anyways. But by not responding, the police had reasonable suspicion to enter.
Did not comment on whether entry was lawful or not, just that behavior is ok with the 4th. Descrepency with the officers' report on how the door was knocked on will determine whether occupent was coerced or not.
Does not make me feel better. I'm a realist, this stuff happens, but as official policy I have a concern.
So its late at night, and I hear banging on my back door. I think some maniac is trying to get in so (*I'm in defense mode at this point but that is a worse situation) I don't hear the police yelling. Door gets kicked in and its the police. They do a sweep, say they are looking for a possible burgler. They find something illegal, like an incondescent lightbulb. I get charged because it is not unreasonable search because the officers were in persuit of a suspect, I created suspicion because I couldn't get out of bed quick enough, or my TV had a slasher flick on, or was not even at home to say yes or no.
So it comes down to officer testimony vs. my presumed innocence testimony, but they found something illegal. How am I not testifying against myself? With the right knock phrase in court, I'm shitcanned.
Look, I'm a realist, and I know there are good people chasing down bad people, but I am not comforted by this ruling. Without recorded audio it is word vs. word, men over law.
In short, if a ball game and instant replay is triggered, refs can now call other violations while reviewing?
#16
So what happens if someone knocks on the door and says, "Police. Open up." Except you do not know if they are really the police. If you have a door viewer, can you ask for ID and phone it in to see if it is fake or not? It can be a dangerous and sticky wicket.
Posted by: Alaska Paul ||
05/17/2011 22:37 Comments ||
Top||
#17
swIFF- IANAL, I have just been reading Kerr (at Volokh) for a while; he has thusfar been a careful writer. So what I got from that link was that the SC did NOT give law enforcement "new authority to enter w/o warrant..." rather, they fenced in the already-existing 'exigent circumstances' exception if they themselves created the exigency.
I have learned (from a very thoughtful exchange with another one of the writers there) that MSM journalists have a very uneven record with explaining Court decisions.
#18
FR, OK comes across as very deliberate in the comments section, and totally agree MSM is more gossip than educational.
A ruling by the SC sets precident. What concerns me is theory vs. reality. Its that crap movie Training Day become real, because if all law enforcement were good there would be no need of all the rules.
I do not like losing the right to not answer my door for whatever reason.
A multi-volume chronology and reference guide set detailing three years of the Mexican Drug War between 2010 and 2012.
Rantburg.com and borderlandbeat.com correspondent and author Chris Covert presents his first non-fiction work detailing
the drug and gang related violence in Mexico.
Chris gives us Mexican press dispatches of drug and gang war violence
over three years, presented in a multi volume set intended to chronicle the death, violence and mayhem which has
dominated Mexico for six years.
Rantburg was assembled from recycled algorithms in the United States of America. No
trees were destroyed in the production of this weblog. We did hurt some, though. Sorry.