The state Supreme Court ruled on Tuesday that the government can keep and destroy more than 500 CDs taken from Michael Cohen, owner of Pitchfork Records in Concord, in 2003 even though the state failed to prove that a single disk was illegal.
Cohen was arrested for attempting to sell bootleg recordings. But the police case collapsed when it turned out that most of the recordings were made legally. Police dropped six of the seven charges, and Cohen went to trial on one charge. He beat it after the judge concluded that the recording was legal.
However, the police refused to return Cohens CDs. In the state Supreme Courts Tuesday ruling, Chief Justice John Broderick, writing for the majority, reasoned so poorly that it appeared as if hed made up his mind ahead of time.
Dissenting, Justice Linda Dalianis wrote, perceptively, that the majority does not explain how statutes prohibiting the production, publication, or sale of certain works render possession of such works unlawful.
Further, Dalianis concluded that the states failure to establish in any way that the seized property constitutes contraband made it impossible to justify keeping Cohens property.
Indeed, the majoritys reasoning is chilling. The majority concedes that no crime or illegal act was proven, but allows the confiscation anyway by concluding that a crime might have been committed. The majority used words such as apparently, likely and would have to describe the alleged illegal activity.
It should go without saying that speculation by a few judges that a crime might have been committed is a frightening basis for taking someones property.
Earlier this year, Nashua police confiscated video recordings of two officers being rude to a citizen at his own home. Though police dropped all charges against Michael Gannon and admitted they could not prove the recordings were illegal, they still kept the tapes.
If someone is found with cocaine or any other item clearly illegal to possess, confiscation is easily justified. But the illegality of these items was never proven, and mere possession was not itself illegal.
#2
I remember when the MDC cops, probably the most corrupt police force in history, used to "seize" our beer and fireworks.
They must've had great Fourth of July parties...
#4
The Metropolitian District Commission. They used to cover the local beaches and parks up here. They were also famous for orchestrating one of the biggest bank heists in Mass history, breaking into state offices to steal civil service tests that they could sell, selling machine guns, drug dealing and that's just some of it.
They were also such a patronage haven that they were also known as "MDC:Mike Dukakis's Cops". And, this being Massachusetts, they were eventually disbanded and absorbed by the Mass State Police, which really thrilled the Staties...
#6
Perhaps Justice Souter's home can be seized along with his music collection and destroyed, thereby validating both the US and NH Supreme Court's infalibility.
"Absolute Truth is a 5/4 dections in the Supreme Court"___anon
#1
Prenessa, now 11, is said to have become "more kind, loving and considerate".
Fergodsakes, I hate this newagey mush! Kid is feeling better, so she's happier and not as miserable, which reflects in her relating to others.
As for health improvement, there is something to it. Dolphins can sound you out, and "see" insides. If they find something somatic they can fix by sound waves, and feel like it, they are able to help. But diseases visit dolphins too, and some of them can't be "fixed".
Also, dolphins as social creatures are not that different from humans. They have their pecking order of hierarchies, and a whole spectrum of behavioral patterns one finds in other social animals, rape inclusive, and if one is a dolphin asshat, may get killed lickety split, no bones about it.
You've heard of and about this guy from the Fran's Friday nite dinners for the troops. From Andi, "The troop dinners continue. I'll have more information on the status of Fran's and the dinners soon. For now, keep boycotting Hilton properties."
Yesterday, with Ronald McDonald on hand, a Washington-area McDonalds restaurant honored the Milkshake Man, as Mayer is better known, for providing injured servicemembers at Walter Reed Army Medical Center here with their shakes and his support for more than 16 years.
It means the world to me. Im just tickled, Mayer, who delivers an average of 45 shakes a week -- mostly chocolate -- and has dropped only two, said. The first 16 years are the hardest, and then you get a day like this.
David DeLacy, director of operations for the restaurant, presented Mayer with $250 in restaurant gift cards in a ceremony at the restaurant. Mayer also received a certificate declaring him one of McDonalds Most Valued Customers for his loyalty. Any time we have a member of our community who really goes above and beyond whats required, whats expected of anyone, its just an honor, he said. DeLacy added that hes pleased Mayer chose McDonalds milkshakes to take to the troops, and that he thinks its even better that they come from his store. This restaurant has been in this community for 42 years, so were just really glad.
McDonalds is a member of the Defense Departments America Supports You program, which highlights grassroots and corporate support for U.S. military members. Its that membership that helped make McDonalds corporate offices aware of Mayers efforts, Allison Barber, deputy assistant secretary of defense for internal communications and public liaison, said.
(Mayer) has been buying milkshakes from McDonalds, but it was because McDonalds is a partner of America Supports You that we could tell the story to the corporate level, she said. McDonalds was not necessarily aware of what was going on with Milkshake Man, and so it was a perfect partnership, remembering that America Supports You is a connector campaign.
Mayer said that while the McDonalds honor was very touching, he gets a sense of internal reward from his involvement with Walter Reed patients. The milkshakes are like a little piece of America for the servicemembers, many of whom served in Iraq or Afghanistan before arriving at Walter Reed, he said. It brings a little smile to them, he said.
Mayer, a Vietnam veteran and double-leg amputee who works for the Veterans Affairs Department in its Office of Seamless Transition, said hes learned as much as hes taught while serving as a peer-level volunteer. I used to think that I would go in and tell my own story and that would be some kind of role model example, but thats not what Ive learned, he said. What Ive learned is listen to them and what they just went through, what their hopes are. Thats the real power.
Retired Army Capt. Lonnie Moore benefited from that power. He lost his right leg above the knee in an incident near Ramadi, Iraq, and found himself on the receiving end of one of Mayers milkshakes. Two years after he met Mayer, Moore still looks to the Milkshake Man for mentoring and friendship. It was much more about what Jim provided to me as a mentor and as a friend than it was the milkshake, Moore said. Jim told me that life as an amputee is not going to end my life and Ill be as productive and I want to be.
Moore added that Jim deserves the recognition he received. I know he doesnt publicly seek it, but hes touched many, many lives, he said.
Mainland China has opened its first halfway house for Internet addicts, offering shell-shocked teenagers counselling, books -- and the use of computers. The shelter can hold four minors for one-night stays and help bridge gaps between children and parents, the Shanghai Daily said.
"None of the teenagers are forced to come here," the newspaper quoted Wang Hui, the house's chief social worker, as saying. "We wander around in nearby Internet bars at night and bring them to the halfway house if the teen agrees."
Computer and online gaming has exploded in China in recent years, with an estimated 14 million people taking part. Amid growing concern that more and more young people are getting hooked, China has issued a raft of regulations aimed at curbing excessive game playing at Internet cafes and heavily fining owners that admit minors.
#1
I am not an addict, dammit! I can walk away from this computer right now! ... after reading Rantburg, of course...and LGF...and Powerline...and Frank J...and Emperor Misha...and...
Prime Minister John Howard says extra Australian Federal Police (AFP) officers are needed for increased overseas deployments to help ensure regional stability. Mr Howard says the ranks of the AFP will be boosted by extra 400 officers to serve in overseas trouble spots.
"The Government is doing this because we believe that the need for international deployments by the Australian Federal Police will, in all likelihood, increase in our region over the years ahead," he said. "Regional instability in a number of countries, evidenced recently by what happened in East Timor and Solomon Islands, is likely to continue, indeed intensify.
"This is part of our response to the deteriorating security situation in the region." He says an extra 422 AFP officers will be posted overseas over the next two years.
Opposition Leader Kim Beazley is worried about recruitment. "He must not recruit from the state police forces to do this, he must train these people from the ground up," he said.
(AP) -- Rep. Christopher Shays, a Connecticut Republican defending his seat from an anti-war challenger, says the U.S. should consider setting a timeline for troop withdrawals from Iraq.
Shays, long a supporter of the war and previously an opponent of withdrawal timetables, said he hopes to offer a specific time frame after he holds congressional hearings on Iraq next month. Few other congressional Republicans have supported setting a timeline. And no, the "file Under" IS correct.
WASHINGTON Air marshals were told Thursday they will be allowed to dress the way they want and choose their own hotels in order to protect their anonymity while on missions.
Federal Air Marshal Service chief Dana Brown, who has been in the job for five months, said he was changing the rules, starting Sept. 1, after listening to air marshals' concerns. In a memo to the air marshals, Brown said the dress code was changed to "allow you to blend in and not direct attention to yourself, as well as be sufficiently functional to enable you to conduct your law enforcement responsibilities."
Air marshals had complained that Brown's predecessor, Thomas Quinn, insisted on a too-formal dress code that allowed people to pick them out. The marshals said, for example, that being forced to wear a jacket and collared shirt made them stand out on flights to Hawaii. The dress requirements were loosened in October, but the agency kept details under wraps. The change announced Thursday leaves it up to marshals how each of them dresses for duty.
Air marshals also won an agreement from Brown to let them choose their own hotels "within economic and related guidelines" to help keep their identities secret. Marshals claimed that their undercover status was threatened because they had to stay at designated hotels and show their credentials when checking in.
A recent report to Congress found that the Sheraton Fort Lauderdale Airport Hotel in Florida had designated the Federal Air Marshal Service "company of the month" because of the number of rooms it had reserved at the hotel.
Genius, pure genius, your government at work ...
Last week, the Homeland Security Department was ordered to investigate whether it fails to protect the identities of its undercover air marshals from passengers, as alleged by a whistleblowing employee. The U.S. Office of Special Counsel ordered the investigation after finding a "substantial likelihood" that the marshals' policies may have violated laws, resulted in mismanagement or put its employees in danger.
Brown has been reaching out to rank-and-file air marshals since he took the job as director. He has said that morale was worse than he thought after speaking with a number of air marshals. He praised the marshals for helping to restore order in New Orleans after Hurricane Katrina, evacuating civilians from Lebanon and providing more security on international flights after the recent terror plot in Britain was broken up.
Air marshals were on the Northwest Airlines Amsterdam-to-Bombay flight that was diverted Wednesday after a dozen passengers acted suspiciously.
Where they did a damned fine job.
Thousands of armed, undercover air marshals were rushed into service after the Sept. 11 terrorist attacks. The exact number is classified. They are now a part of the Transportation Security Administration.
#5
Genius, pure genius, your government at work ...
I would say bureaucracy at work
A bureaucracy is sure to think that its duty is to augment official power, official business, or official members, rather than to leave free the energies of mankind; it overdoes the quantity of government, as well as impairs its quality. The truth is, that a skilled bureaucracy is, though it boasts of an appearance of science, quite inconsistent with the true principles of the art of business. -- Walter Bagehot
#6
A bureaucracy is sure to think that its duty is to augment official power, official business, or official members, rather than to leave free the energies of mankind; it overdoes the quantity of government, as well as impairs its quality.
#8
I think the solution is for the TSA to ask each passenger if they are carrying a weapon. If the passenger says "No", TSA should ask if they would prefer 9 MM or .45 caliber, then issue the gun of choice and at least one clip of ammunition.
#9
Only if they stop serving booze. I'm an enthusiastic NRA member, but I draw the line at armed business guys at the end of a long stressful week of sales calls and presentations who ALSO are served drinks on a 6 hr flight.
PESHAWAR: A local court on Thursday told authorities to burn Pashto, Urdu, English and Indian CDs and posters of film actresses confiscated by the city police in various raids, eyewitnesses said. Officials of the Peshawar judicial magistrate, Tila Mohammad Khan, set on fire CDs and posters at the Judicial Complex, following the Muttahida Majlis-e-Amal (MMA)'s government campaign against, what it believed, indecency and vulgarity in the NWFP. The court had ordered strict action against people patronising 'immoral' activities.
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08/25/2006 00:00 ||
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#2
Heads will explode when these poobahs learn about the internet thingy.
Posted by: ed ||
08/25/2006 2:05 Comments ||
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#3
Sauberung (cleansing) by FIRE! Literature, art, music, radio, film, newspapers, etc, muzzie censorship is a must! A muzzie remake of "Triumph of Will" to soon be released I'm sure.
KARACHI: Five people, including a teenaged couple that married against their families' will, have been killed by relatives in the latest incident of honour killing, police said on Thursday. The couple — Kamalan and Allah Rakhio — both 18 and from rival clans in the southern province of Sindh, had married about three months ago after eloping, said Usman Subaho, a police officer investigating the case. "They were killed just a few days after returning to their village, after getting married in Karachi," he said. "We have identified 10 men who took part in this carnage and are hunting for them," he said.
The girl's family took her wedding as a slight on their honour. The attackers stormed the couple's house early on Wednesday morning killing them and three other family members including a three-year-old girl, said Subaho. Eleven family members were wounded in the attack, he said.
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Religious enmity is the motive behind the killing of an Ahmadi teacher in Gujrat, a Jamaat-e-Ahmadiyya spokesman said on Thursday. A press release issued by the spokesman said that schoolteacher Munawwar Ahmed had been shot dead on his way home and that he had died shortly after being hospitalised. Munawwar was a teacher at the Government Public High School-II in Gujrat City. His three sons and widow have survived him. The spokesman said that at least 12 Ahmadis had been killed on religious grounds so far. He demanded a thorough investigation into the killing. Gujrat police officials were not available for comment.
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THE Security Council has set up a new UN mission for restive East Timor overnight for at least six months to help restore security and steer the tiny Pacific territory toward next year's polls.
The 15-member body unanimously approved a Japanese resolution that establishes the United Nations Integrated Mission in Timor-Leste (UNMIT) for an initial six months "with the intention to renew for further periods."
It decided that UNMIT would consist of a civilian component, including up to 1608 police personnel, and, initially, up to 34 military liaison and staff officers.
UN Secretary General Kofi Annan earlier this month asked the Security Council to approve a year-long mission in East Timor in the wake of May's violence, which left at least 21 people dead and saw the deployment of some 3,200 Australian-led foreign peacekeepers.
The overnight vote came as the mandate of the current small UN mission expired while the situation in the former Indonesian province remained fragile in the wake of May's violence in the capital Dili.
The resolution directs Mr Annan to review arrangements to be made between UNMIT and international peacekeepers, including a status-of-forces agreement to be concluded within 30 days, and to present his views no later than October 25.
"The council shall consider possible adjustments in the mission structure, including the nature and size of the military component, taking into account the above views of the secretary general," it added.
Ghana's UN Ambassador Nana Effah-Apenteng, the Security Council president for August, said the resolution showed that "The UN is not abandoning them (the Timorese)."
"The only thing that is missing is the military component (which) is being handled through bilateral means," he said.
Mr Effah-Apenteng said council members could not agree on including a military component in the resolution and said it was therefore dropped "in the interest of arriving at a consensus on a text."
Australia, which has some 1500 troops and 200 police in the multinational force which also which includes contingents from Malaysia, New Zealand and Portugal, has insisted on remaining in charge of military security in East Timor.
The resolution said UNMIT would assist East Timor in conducting "a comprehensive review of the future role and needs of the security forces" and in building its capacity "in areas where specialized expertise is required, such as the justice sector."
The new UN mission was also tasked with promoting a "compact" between the territory and the international community for coordinating aid from the government, the United Nations and other multilateral and bilateral donors to priority programs.
The May violence was initially triggered by the dismissal of 600 soldiers, which led to protests and eventual factional fighting within the security forces. Communal violence also exploded on Dili's streets.
Small-scale violence continues to plague the capital, with two Australian policemen injured Tuesday when they tried to break up fighting gangs, who also destroyed three of their vehicles.
Timorese Prime Minister Jose Ramos Horta had repeatedly requested an expanded UN role in the tiny country.
At least 150,000 people in the nation of about one million are estimated by the UN to remain in makeshift camps, still too uncertain of the security situation to return to their homes.
One of the world's youngest and poorest countries, East Timor became independent in 2002 after voting in 1999 to end 24 years of Indonesian rule.
It was administered by the United Nations during the interim period, which quickly scaled down its operations after independence.
Another "feel good" article for us animal lovers. Quoting Andi at Mudville, "Now why didn't I think of that?"
When the temperature regularly exceeds 120 degrees, asphalt and concrete streets tend to be a tad toasty on the toes even through tough combat boots. The norm for all who work outside in Iraq, this time of year, is to be hot, hot and very hot no one could really blame another for panting from the heat. But imagine if the job also entailed treading on the baking paving, barefoot.
But such has, until now, been the daily duties of Sweep, Scratch, Bob, Will, Jess and Muttley.
They are the six English Springer Spaniels whose security detail work is that of checking vehicles for explosives. Their duty station are the entry points for the high walled, U.S. Army Corps of Engineers, Gulf Region Division and the Project and Contracting Office compounds in the International Zone (IZ) in Baghdad, Iraq. This is the organization leading the massive Iraq Reconstruction effort of over 3,000 projects upgrading and improving the Iraqi infrastructure.
Though canine they be, these faithful few serve and protect every bit as diligently as do their human partners. And like the soldiers and security professionals with whom they work, they should be entitled care packages from home as well.
This very thought originated in the conscientious mind of activated Navy Reservist, Commander Renay Wilson who has been in Iraq nearly six months now. A Department of Defense employee as a civilian, she works as an Equal Employment Opportunity Officer at McChord Air Force Base in the State of Washington when not deployed. In the IZ she is the Deputy of the Program Analysis and Integration Office.
Not long ago, she contacted her friend Brenna Hargraves, a veterinarian technician at the Banfield Animal Hospital, and described in-country working conditions - sometimes harsh for both man and beast. As a result the Wild Side Pet Store and the Petz Edge catalogue ordering company of Puyallup, WA recognized a need and doggedly proceeded to resolve it.
The result was several boxes of highly applicable products for the specific use by this pack of four legged protectors - who each wear what appears to be a perpetual smile along with their much more serious acting comrades, Max, Frodo, Kai and Jake, the German Police perimeter attack dogs.
Included were booties to protect their feet, grooming brushes, anti-itch shampoo, ophthalmic eye drops and ointment, pet wipes, cooling blankets, pig ear chewies, toys and treats. Accompanying these kind and welcome gifts were several notes written by hospital staffers and their children all which will be answered by the security officer handlers who so dutifully care for their dogs.
During the opening of the priority mailed boxes, Sweep, representing his fellow dog faced troopers, eyed a particularly attractive rubber bone and claimed it with quick clamp of his canines. One not to speak with his mouth full, his expressive brown eyes appeared to express gratitude as he rolled them at Commander Wilson, the initiator of these treasures!
#1
LOL, expressive indeed! Thanks Sherry. After the usual daily dosage of IslamoNazi mayhem and insanity, political whoring, etc. this Made My Day. Definitely worthy of a donation if I can track it down.
Papua New Guinea's Prime Minister, Sir Michael Somare, has criticised Prime Minister John Howard for his comments on the security situation in the country. Sir Michael has told Mr Howard not to use Pacific island nations as the reason for expanding the Australian Army.
Mr Howard said yesterday he was worried about an inherently unstable situation in PNG, as he announced a $10 billion boost to the Australian Army.
The PNG leader issued a statement saying Mr Howard should be honest enough to tell Australian taxpayers that because of Australia's increased deployments in the Middle East, Afghanistan and East Timor, it was necessary to build up the army, and that PNG is certainly not the 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.
Mainland China has opened its first halfway house for Internet addicts, offering shell-shocked teenagers counselling, books -- and the use of computers. The shelter can hold four minors for one-night stays and help bridge gaps between children and parents, the Shanghai Daily said. 
PESHAWAR: A local court on Thursday told authorities to burn Pashto, Urdu, English and Indian CDs and posters of film actresses confiscated by the city police in various raids, eyewitnesses said. Officials of the Peshawar judicial magistrate, Tila Mohammad Khan, set on fire CDs and posters at the Judicial Complex, following the Muttahida Majlis-e-Amal (MMA)'s government campaign against, what it believed, indecency and vulgarity in the NWFP. The court had ordered strict action against people patronising 'immoral' activities.
KARACHI: Five people, including a teenaged couple that married against their families' will, have been killed by relatives in the latest incident of honour killing, police said on Thursday. The couple — Kamalan and Allah Rakhio — both 18 and from rival clans in the southern province of Sindh, had married about three months ago after eloping, said Usman Subaho, a police officer investigating the case. "They were killed just a few days after returning to their village, after getting married in Karachi," he said. "We have identified 10 men who took part in this carnage and are hunting for them," he said. 
Religious enmity is the motive behind the killing of an Ahmadi teacher in Gujrat, a Jamaat-e-Ahmadiyya spokesman said on Thursday. A press release issued by the spokesman said that schoolteacher Munawwar Ahmed had been shot dead on his way home and that he had died shortly after being hospitalised. Munawwar was a teacher at the Government Public High School-II in Gujrat City. His three sons and widow have survived him. The spokesman said that at least 12 Ahmadis had been killed on religious grounds so far. He demanded a thorough investigation into the killing. Gujrat police officials were not available for comment.
