Showing posts with label Probable Cause. Show all posts
Showing posts with label Probable Cause. Show all posts

September 23, 2015

Massachusetts High Court Bars Police Stops For Smell of Marijuana While Driving




It appears that five of the Justices are smoking too many of those funny cigarettes.

[From article]
A divided Supreme Judicial Court voted 5-2 that police aren’t allowed to stop a car if they only have “reasonable suspicion” that the driver is committing the civil infraction of possessing marijuana. The case involved a 2012 stop by a New Bedford cop who reported smelling pot coming from a moving vehicle.
[. . .]



Since the possession of small amounts of marijuana was decriminalized in 2008, the state supreme court has systematically issued rulings protecting pot smokers.
The court has previously ruled that the smell of burnt marijuana is not enough for a police officer to order someone out of a vehicle when they have been stopped for some other reason. The court also ruled that the odor of weed — burnt or otherwise — does not give police probable cause to search a vehicle without a warrant.

http://www.bostonherald.com/news_opinion/local_coverage/2015/09/sjc_cops_can_t_stop_cars_over_pot_smoke

SJC: Cops can’t stop cars over pot smoke
Police chiefs rip ‘troubling’ ruling
Wednesday, September 23, 2015
By: Bob McGovern, O’Ryan Johnson
Boston Herald

August 2, 2015

Reason, No Reason Is Really A Reason




Is it any wonder why voters and  taxpayers are confused and remain uncertain about what to believe? The article is the same published by AP and republished on the Fox News site. But the headlines were the opposite as can be seen by the link in the first citation. This is an example of the trouble you get into if you only read the headlines. 

Texas trooper's boss says there was no reason to pull over Sandra Bland

http://www.foxnews.com/us/2015/07/31/texas-trooper-boss-says-there-was-no-reason-to-pull-over-sandra-bland/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+foxnews%2Fmost-popular+%28Internal+-+Most+Popular+Content%29
Texas trooper's boss says there was no reason to pull over Sandra Bland
Published July 31, 2015
Associated Press
Fox News



* * *

[From article]
"There was a reason, if you look at it from a traffic violation standpoint," Texas Department of Public Safety Director Steve McCraw said, responding to sometimes pointed questions from lawmakers during a hearing at the state Capitol. "But again, I don't want to prejudge. I don't know what the trooper is going to say in terms of when he's interviewed. When the investigation is over with, I'll be able to assess."
Texas trooper's boss says he had reason to stop Sandra Bland

http://hosted.ap.org/dynamic/stories/U/US_WOMAN_DEAD_IN_JAIL_LEGISLATURE?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT

Jul 30, 8:00 PM EDT
TEXAS TROOPER'S BOSS SAYS HE HAD REASON TO STOP SANDRA BLAND
BY PAUL J. WEBER
ASSOCIATED PRESS

December 15, 2014

Another Attempt to Curb Individual Freedom Using Arbitrary Psychiatric Diagnoses



Michael Zehaf-Bibeau, killed a soldier in Ottawa and then rampaged through Canada's parliament before being shot dead was a misfit and perhaps mentally ill, according to friends and family, while his troubled and transient past included robbery and drug offenses.

This report appears to be advocacy for the psychiatric industry. 


[From article]
Police said all three were terrorists and motivated by ideology. Authorities and family members said they may have been mentally ill. A growing body of research suggests they might well have been both.
New studies have challenged several decades of thinking that psychological problems are only a minor factor in the making of terrorists. The research has instead found a significant link between mental problems and "lone wolf" terrorism.
Friends and family frequently reveal the medical records of their family and friends. This is unlawful for medical professionals in the U.S. But since the diagnoses are from non psychiatrists why do journalists report them as if valid? That is not to say that any psychiatric diagnosis is valid. Psychiatry is personal opinion masquerading as science. There is no causal connection between an accusation of mental illness and crime. Yet journalists report the connection as real. All persons accused of mental illness are not violent. The ones who commit crimes are criminals. The others are not. It is no different than suggesting that all black people and all homosexuals are criminals. It just does not make sense. Describing a "significant link" does not make a causal connection.
[. . .]
his former lawyer said the standoff was "not a concerted terrorism event" but the work of "a damaged-goods individual."
The same can be said about all criminals, and all non criminals. Do all "damaged" people commit violent crimes?  
[. . .]
Spaaij said a number of law enforcement and intelligence agencies have shown interest in his work.
Police, spies, politicians, and psychiatrists are control freaks. Psychiatry is a means of social control with no due process protections. There is no appeal from a diagnosis. Police would love to be able to make arrests without probable cause. There are no penalties for misguided diagnoses by psychiatrists. 
[. . .]
Most people with mental health problems are neither terrorists nor violent, and mental illness alone can't explain lone wolf attackers. Some experts dispute whether there is a link at all.
No definition of "a link" is provided. What evidence is there of a causal connection between an accusation of mental illness and crime? None.
[. . .]
a psychology professor at the University of Quebec at Montreal, told the Canadian Senate's national security committee that "to believe that radicalized individuals are crazy or not playing with a full deck will be our first mistake in developing effective counterterrorism strategies."
In order to combat terror and crime it is necessary separate them from psychiatry. Criminals and terrorists must be identified, isolated and punished. Persons accused of mental illness do not get an exemption.
[. . .]
Critics say the strategy can amount to entrapment of mentally vulnerable people who wouldn't have the wherewithal to act alone.
Meanwhile, the fundamental question of whether there is a link between mental health problems and terrorism remains controversial.
It is not controversial. There is no link. No psychiatrist can provide evidence of a causal connection between crime, terrorism and mental illness. They can say there is one but they cannot provide evidence of it. For years the psychiatric industry promoted the idea of a chemical imbalance in the brain, as mental illness. But they were and are unable to provide evidence of any chemical imbalance. They can't even provide a standard for what a chemical balance is. It is propaganda. 
[. . .]
One psychiatric report found him to be insane, while a second concluded that he was sane — and judges agreed, sending him to prison indefinitely.
The killer was happy with the outcome. For Breivik, it was recognition that his views were legitimate and not those of a madman.
That is evidence of the arbitrary nature of psychiatry. They pretend to be scientific. Science does not vary based on the observer or the reporter. Nature is uniform, unlike psychiatric diagnoses. 

http://www.wral.com/can-identifying-mental-illness-stop-terror-attacks-/14281189/

Can identifying mental illness stop terror attacks?
Posted 12:33 p.m. December 15, 2014 Updated 12:37 p.m. December 15, 2014
By JILL LAWLESS
Associated Press

May 1, 2014

Pennsylvania Court OKs Car Searches Without Warrant


[From article]
Local police and legal professionals are calling the opinion “big news.”
“This is a significant change in long-standing Pennsylvania criminal law, and it is a good one,” Lancaster County District Attorney Craig Stedman said Wednesday afternoon.
Under prior law, an officer who smells marijuana inside a car, for example, could only search the car with the driver’s consent — or if illegal substances were in plain view.
(Federal officers, like FBI or ATF agents, can search, regardless.)
Now, based on the opinion, it only takes reasonable probable cause for an officer to go ahead with a search without a warrant.

http://lancasteronline.com/news/local/supreme-court-pennsylvania-cops-no-longer-need-a-warrant-to/article_6a407fc6-d077-11e3-8025-0017a43b2370.html

Pa. police powers increased
Supreme Court: Pennsylvania cops no longer need a warrant to search citizens’ vehicles
Posted: Wednesday, April 30, 2014 10:55 am | Updated: 2:52 pm, Wed Apr 30, 2014.

By BRETT HAMBRIGHT | Staff Writer

November 11, 2013

NY US Court Rules Police Cannot Make Arrests Based on Anonymous Tips


[From article]
A panel of Manhattan federal judges says cops must now investigate anonymous 911 calls — before they can investigate the crimes being reported.
The Second Circuit Court of Appeals on Thursday overturned the conviction of an ex-con caught by cops carrying a gun in 2011 as two of the three judges on the panel found the anonymous tips the officers relied on didn’t offer enough “reasonable suspicion” for them to stop and search the defendant Joseph Freeman.

http://nypost.com/2013/11/11/anonymous-tips-not-good-enough-for-cops-judges/

Anonymous tips not good enough for cops: judges
By Rich Calder
November 11, 2013 | 6:27pm
New York Post