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F*ck the 4th & 5th Amendments we are with the government and have a God given right to spy on you. OK, the Founders didn't say that, but sadly most cops feel that way and think the 4th and 5th Amendments were created for them to use as toilet paper.
http://www.macon.com/2013/12/13/2830967/us-appeals-court-in-ny-oks-gps.html
Court: GPS placed on Vt. suspect's car legally
By LARRY NEUMEISTER
Associated PressDecember 13, 2013 Updated 17 hours ago
NEW YORK — A New York federal appeals court added its voice Friday to a growing chorus of rulings defining when a GPS device can be used to track a criminal suspect, refusing to toss out evidence gathered without a warrant in a Vermont drug case.
The 2nd U.S. Circuit Court of Appeals in Manhattan upheld the convictions of three men arrested after Burlington police pursued a drug ring suspected of transporting cocaine from Massachusetts to Vermont. It said the federal Drug Enforcement Administration agent who attached the device to the vehicle acted constitutionally, because investigators had probable cause to believe the car was being used to commit a crime.
The decision came in an area of law that is still being defined even as global positioning system devices are increasingly used as an investigation tool.
The ruling also came a day after the 3rd U.S. Circuit Court of Appeals in Philadelphia announced that its full appeals court will hear a case about whether police need a warrant to attach a GPS device to a suspect's vehicle. A three-judge panel concluded in October that police needed a warrant, though that ruling was vacated when the full court decided to take up the case.
Some of the confusion over how to interpret the law stems from a January 2012 U.S. Supreme Court ruling that established that the government's installation of a GPS device on a vehicle constitutes a "search" within the meaning of the Fourth Amendment's protections against unreasonable search and seizure.
At the time, Justice Sonia Sotomayor wrote in a separate opinion that it may be time to rethink all police use of tracking technology, not just long-term GPS.
"GPS monitoring generates a precise, comprehensive record of a person's public movement that reflects a wealth of detail about her familial, political, religious and sexual associations," Sotomayor said. "The government can store such records and efficiently mine them for information for years to come."
The 2nd Circuit said the Supreme Court settled the issue of whether a GPS device constitutes a search but did not address whether the warrantless use of GPS devices would be reasonable and lawful when officers have reasonable suspicion and probable cause to conduct such a search.
Regardless, the 2nd Circuit three-judge panel said law as it existed during the Vermont investigation made it reasonable for investigators to believe they were acting legally in placing a GPS device on a vehicle rather than following the vehicle around as they would have had to do in the past.
"At bottom, sufficient Supreme Court precedent existed at the time the GPS device was placed for the officers here to reasonably conclude a warrant was not necessary," the court wrote. It added, however, that in light of the Supreme Court ruling, "the landscape has changed, and law enforcement will need to change its approach accordingly."
http://www.azcentral.com/opinions/free/20131213welfare-state-undermines-poor.html
Welfare state undermines poor
Fri Dec 13, 2013 6:44 PM
Child neglect is tragic. However, I don’t see how a government agency like Child Protective Services could be an effective remedy.
Short of establishing a total surveillance state, parents will be able to neglect their children largely unobserved.
The good intent behind the welfare state has failed to produce positive results. Before the welfare state, the poor certainly had less material wealth.
However, they seemed to have more self-respect. The working poor had a belief that their own effort made a difference in how they and their families fared.
By displacing the importance of the individual’s contribution to his own well-being, the welfare state has disabled a major portion of the poorer segment of our society, undermining ambition and morale.
Undoing the generations of damage done by the welfare state won’t be easy. But it has to start with restoring the concept of self-responsibility.
I’d start with trying to shift as many people as we can from welfare to “workfare” and by ending the “war on drugs.”
The lure of big money from trafficking in illegal substances takes too many of the urban poor down the road to lives of crime and violence.
— John Semmens, Chandler
More of the old "Do as I say, not as I do" from our government masters.
Of course I certainly don't think that sex between two consenting people should be a crime. But if there is a law on the books that makes it a crime our government masters should certainly obey it.
http://www.azcentral.com/community/swvalley/articles/20131211excoach-accused-in-sexual-assault-of-student-abrk.html
Ex-coach accused of sexual misconduct with student in Goodyear
By Brittany Bade and Justin Price The Arizona Republic- 12 News Breaking News Team Wed Dec 11, 2013 5:12 PM
A former wrestling coach at Desert Edge High School was arrested Wednesday on suspicion of sexual misconduct with a student, according to the Goodyear Police Department.
Authorities have been investigating the allegations against Kyle DeBerry, 25, for the past several months.
DeBerry had been coaching at the school until August 2013 when school officials suspended him and reported him to the police, Goodyear police spokeswoman Lisa Kutis said.
After gathering enough evidence against the former coach, DeBerry was booked into the Fourth Avenue Jail on suspicion of luring a minor for sexual exploitation and assault.
Authorities ask anyone with information to call Goodyear Detectives at 623-882-7484.
More of the old "Do as I say, not as I do" from our government masters.
Of course I certainly don't think that sex between two consenting people should be a crime. But if there is a law on the books that makes it a crime our government masters should certainly obey it.
http://www.azcentral.com/news/arizona/free/20131209arizona-recruiter-gets-jail-sex-tucson-girl.html
Ex-recruiter gets jail for sex with Tucson girl
Associated Press Mon Dec 9, 2013 4:43 PM
TUCSON — A former Army recruiter who worked in Tucson-area high schools has been sentenced to a year in jail for having sexual contact with a student.
Pima County prosecutors say 30-year-old Matthew Troy Roberts also was sentenced Monday to six years of probation.
He pleaded guilty to two counts of sexual conduct with a minor under the age of 18.
The Arizona Daily Star (http://bit.ly/1bSpwiG) reports that a judge told Roberts that he could face prison if he violates the terms of his release following the jail sentence.
Police and prosecutors built much of the case against Roberts on text exchanges he had with the 16-year-old girl.
The victim’s stepmother says Roberts’ actions caused emotional harm to her stepdaughter and wrecked their familial relations.
FBI plans another terrorist attack on Americans. And arrests the suckers it conned into joining the plot.
Sadly all of the so called terrorist plots to blow up Americans I have read about except one were created and planned by the FBI and the only people arrested were the suckers the FBI tricked into participating in the phoney baloney terrorist attacks.
The only terrorist attack on Americans I can remember that wasn't planned by the FBI was the Boston Marathon bombings done by Tamerlan Tsarnaev and Dzhokhar Tsarnaev.
I guess the FBI doesn't have many real criminals to hunt down since they are so busy planning these phoney baloney terrorist attacks.
http://www.azcentral.com/news/free/20131213man-arrested-in-car-bomb-plot-at-kan-airport.html
Man arrested in car bomb plot at Kan. airport
Associated Press Fri Dec 13, 2013 1:03 PM
WICHITA, Kan. — An avionics technician from Kansas was arrested Friday as he planned to drive a vehicle full of explosives into a terminal at Wichita’s Mid-Continent Regional Airport, authorities said.
Terry Lee Loewen, 58, was charged with one count each of attempting to use a weapon of mass destruction, attempting to damage property and attempting to provide support to terrorist group al-Qaida. Authorities said he was trying to support “al-Qaida in the Arabian Peninsula.”
The materials inside the vehicle were “inert” and “at no time was the safety of travelers or members of the public placed in jeopardy,” U.S. Attorney Barry Grissom said.
Investigators said Loewen is an avionics technician who lives in Wichita and works at the airport. He had been under investigation for about six months, after he made online statements about wanting to commit “violent jihad” against the U.S. The statements were made in a conversation with an FBI employee unbeknownst to Loewen, Grissom said.
Authorities said they believe Loewen acted alone. No other arrests are expected.
According to court documents, Loewen talked to an undercover agent about downloading online documents about jihad, martyrdom and the “Al Qaeda Manual.” He frequently expressed his admiration of Anwar Al-Awlaki, the American-born al-Qaida leader who was killed in a 2011 drone strike in Yemen. Al-Awlaki emerged as an influential preacher among militants living in the West, with his English language Internet sermons calling for jihad, or holy war, against the U.S.
Authorities said Loewen spent months studying the airport’s layout, flight patterns and other details to maximize fatalities and damage. During that time, he developed a plan along with undercover FBI agents to use his access card to airport grounds and eventually thrust the vehicle loaded with explosives into the terminal.
He planned to die in the explosion, a fate that he said was inevitable after convincing himself to become a martyr in a jihad against America, according to court documents.
He was arrested about 5:40 a.m. as tried to enter the airport tarmac and deliver a vehicle loaded with what he believed to be high explosives, Grissom said.
Kansas Gov. Sam Brownback joined the U.S. attorney at the news conference to announce the charges.
“In the ongoing war on terrorism, the good guys won one today,” Brownback said.
Wichita Mid-Continent Airport had 68 scheduled commercial flights on Friday, according to flight tracking site FlightAware.com.
F*ck you, I got a gun and a badge and can do anything I want. Well, that's probably how Deputy Robert Steele feels about this.
http://www.azcentral.com/community/pinal/free/20131213pinal-county-deputy-fired-over-driving-offenses.html
Pinal County deputy fired over driving offenses
By Sean Holstege The Republic | azcentral.com Fri Dec 13, 2013 9:33 PM
A Pinal County sheriff’s deputy, who while driving collided with and killed a politically-connected Gold Canyon man last year, has been fired for other alleged offenses.
The Sheriff’s Office investigated 26 charges against Deputy Robert Steele stemming from four separate incidents in the space of three weeks, all after he returned to work following his serious injury in the fatal crash.
Steele, who could not be reached for immediate comment, has appealed his termination.
On the evening of Aug. 30, 2012, Steele was patrolling a stretch of U.S. 60 when he collided with a truck being driven by Jeff Sorenson, an executive of a Washington, D.C., think tank and close associate of former Secretary of Defense William Cohen.
Witnesses described Steele as cutting in and out of traffic, driving at speeds close to 100mph and running close off the bumpers of other cars.
Sorenson’s death and Steele’s suspension did not change the deputy’s driving habits, according to a statement of disciplinary charges released by the Sheriff’s Office on Friday.
On July 23, Steele, who was hired in January 2011, was placed on administrative reassignment after new allegations were brought forward “through his chain of command,” said Tim Gaffney, a Pinal County sheriff’s spokesman.
The complaint was based on incidents the night of the crash and more on June 15, June 29, July 5 and July 6 of this year.
On the night of Sorenson’s death, Steele was found to have driven as much as 48 mph over the speed limit, without a seat belt, disciplinary investigators concluded.
Among the other 23 charges brought against Steele, the department charged him with abuse of power, unsafe driving while on duty, insubordination, disobedience and discrediting the department.
His supervisor had already “issued several verbal warnings” about driving safely, the discipline report stated. Steele had also been disciplined for sleeping on duty, suspended 12 hours for the Sorenson crash and placed on an employee-improvement plan for failing to report a domestic-violence case.
Then, on June 15, he responded to help another deputy conduct a traffic stop. He drove up an on-ramp into oncoming traffic with his sirens and lights, even though the other officer had not asked for backup, the report said.
Steele defended his conduct by explaining that his colleague was dealing with a felony arrest warrant. But investigators said the suspect’s background wasn’t searched until one minute after Steele arrived.
On June 29, he responded to a call about a propane gas-tank leak. Steele drove 91 mph on a local road posted at 45 mph and ran through a stop sign, investigators found.
On July 5, Steele pulled a U-turn and turned on his emergency lights to respond to a 2-day-old call about a burglary. He told investigators he thought it was a crime in progress and made a mistake.
The next day, he responded with lights and sirens again, this time to a security check on another deputy.
While en route, he crossed over the center line, driving parallel to another deputy into oncoming traffic for about half a mile. Global position devices revealed Steele was driving at 97 mph, investigators found.
Gaffney declined to comment on the case, citing state law and noting that “it would be inappropriate of us to further comment at this time” while Steele’s appeals are pending. Those will be heard by a county merit commission. No date has been set.
Steele was not using his siren or emergency lights, depositions say. Later, Arizona Department of Public Safety officers recommended that Steele be prosecuted on reckless-endangerment and manslaughter charges, even though Sorenson was deemed to be driving with three times the legal limit of alcohol in his system and without wearing a seat belt.
Instead, Pinal County Attorney Lando Voyles dropped the case, stating that he wouldn’t prosecute officers for doing their jobs.
Steele was reportedly running license plates the evening of the crash.
Sheriff Paul Babeu, a political ally of Voyles’, put Steele on administrative leave while the crash was investigated. Babeu later reinstated him, although Babeu came to office promising to clean up the department.
Sorenson’s widow sued Babeu, the county and Steele, seeking $4million in damages in the wrongful- death claim. That case, and another brought by Steele against Sorenson for causing his serious injuries, are in preliminary stages.
The attorney representing Sorenson’s surviving family declined to comment on the news of Steele’s dismissal.
Steele returned to full duty on Jan. 24, Gaffney said, and was dismissed on Nov. 21.
For us normal folks the purpose of city government is to provide water service and pick up the garbage. The royal rulers of Glendale seem to think the purpose of government is to allow them to hob nob with rich and famous sports stars at our expense.
http://www.azcentral.com/community/glendale/articles/20131213glendale-fiscal-forecast-grim.html?nclick_check=1
Glendale fiscal forecast grim
By Mary K. Reinhart The Republic | azcentral.com Fri Dec 13, 2013 9:53 PM
Buried under mountains of sports-related debt and facing the eventual end of a temporary sales-tax hike, Glendale’s financial future is bleak unless it makes some changes — and soon.
In a five-year financial forecast released Friday, the city’s new finance director paints a sobering picture for the City Council of a city turned upside down by debt, projecting an $8.6 million deficit for the coming fiscal year that nearly triples once the sales tax expires three years later.
At $31.5 million next year, the city’s debt payments will be 17 percent of its $181 million general-fund operating budget, most of it wrapped up in sports and entertainment venues that aren’t paying for themselves, despite promises that had been made to residents.
The heavy debt led bond-rating agencies to downgrade the city in recent years.
A 10 percent to 12 percent burden is considered high. Glendale’s burden would hit 30 percent if other contractual obligations were factored in.
Tom Duensing, the city’s finance director, said the city’s $17 million fund balance will forestall a deficit for the current fiscal year, but that surplus will be exhausted in the fiscal year that begins July 1.
Duensing said the problems are manageable, but the council will have to decide how to raise revenue or reduce spending. He’ll present the forecast at Tuesday’s council workshop.
Municipal debt and city contracts limit how the city can pare back.
Options could include reducing or eliminating city services, selling off city land or other properties, extending the temporary sales tax or freezing employee pay for a sixth consecutive year.
But Duensing said it’s important for the council and the public to understand the scope of the financial problem before launching into possible solutions.
“Our intent is to say, hit the brakes,” he said. “We need to be very strategic about this.”
Glendale has earned national headlines for its financial woes, which began with ill-timed investments in hockey and baseball venues. Already deep in debt, the council agreed to pay $50 million to the National Hockey League to keep the Phoenix Coyotes in town and in July signed a $225 million deal to have the team’s owners manage Jobing.com Arena.
Duensing’s forecast shows that the Coyotes deal will cost the city an estimated $8.1 million next year, after revenue associated with the deal.
Councilman Ian Hugh, who voted against the July agreement, said the Coyotes deal pushed the already-struggling city over the edge. There is no easy fix, he said.
“I don’t have the cure,” Hugh said. “But I can tell you what caused the disease.”
In addition to the hockey debt, Glendale will pay $17.5 million next year in debt service for the Camelback Ranch Glendale spring-training ballpark, which is located in Phoenix. The city borrowed $200 million to build the ballpark, but commercial development at the sprawling property west of the Loop 101 — and the hoped-for tax revenue — never materialized.
Expected ballpark revenue next year is just over $130,000.
The one bright spot on the city’s ledgers is the Westgate Entertainment District, including Tanger Outlets and the Renaissance Glendale Hotel & Spa, which is expected to bring $6.1 million in tax and rental revenue.
Mayor Jerry Weiers said he’s eager to begin the budget process, even though difficult decisions lie ahead. Weiers, who took office in January, also opposed the latest hockey agreement.
“I’m very excited about Tuesday, because it’s going to force people to look at things in a new light,” Weiers said. “It gives us the opportunity to do things that should’ve been done a long time ago.”
Glendale’s finances were rocked further last summer when a city-commissioned audit showed that several administrators had transferred more than $6 million from city accounts to hide the unexpected costs of an early-retirement program. Those in charge of the city’s finances were forced to resign or were fired in August, and the state Attorney General’s Office is looking into whether laws were broken.
City officials were awaiting Duensing’s presentation as the first unvarnished look at financial picture under a new administration.
Other assumptions in the five-year forecast include:
Increased local sales tax, property tax and state-shared revenue.
A one-time $1.7 million cost to host Super Bowl XLIX, to be held at University of Phoenix Stadium.
A 2.5 percent across-the-board employee pay raise.
A contingency fund of 5 percent of total revenue, or between $8 million and $9 million, which is below the city policy of 10 percent.
Meeting all debt-service, contractual and capital-repair obligations.
More on "You expect a fair trial??? Don't make me laugh!!!!" While I have not supported any of the America military's wars since I have been born I still do think that soldiers who are accused of crimes deserve a fair trial. But their is a good chance that they will be railroaded for any crimes they are accused of just like civilians are! http://www.washingtonpost.com/world/national-security/marine-corps-fight-escalates-over-handling-of-case-involving-troops-urinating-on-corpses/2013/11/15/a70a26ba-4e2b-11e3-ac54-aa84301ced81_story.html?hpid=z3 Marine Corps fight escalates over handling of case involving troops urinating on corpses By Ernesto Londoño and Ellen Nakashima, Published: November 15 E-mail the writers Nearly two years after a video of U.S. Marines urinating on the corpses of suspected Taliban fighters in Afghanistan became an Internet sensation, the case has triggered a rare and escalating fight over the way the military sought to punish the service members who were implicated. Maj. James Weirick, a Marine lawyer assigned to the case, is taking on the chief of the Marine Corps, Gen. James F. Amos, alleging that the criminal investigation was compromised after the commandant demanded harsh punishment for the suspects before they had their day in court. Latest from National Security Justice reviewing criminal cases that used FISA evidence Justice reviewing criminal cases that used FISA evidence Sari Horwitz NOV 15 Attorney General Eric H. Holder’s announcement confirms use of warrantless surveillance data. Fight over handling of Marine urination scandal escalates Ernesto Londoño and Ellen Nakashima NOV 15 Lawyer files complaint after he says Marines removed him from his job for blowing whistle on the commandant. Hacker for Anonymous sentenced to 10 years NOV 15 Cyberattacks targeted government agencies and businesses, including a global intelligence company. NSA Secrets NSA Secrets Full coverage of the revelations and debate surrounding National Security Agency surveillance programs. Click here to subscribe. In response, Weirick says, the Marine Corps has retaliated by removing him from his job, seizing his personal weapons and ordering him to get a mental health evaluation — steps he and his supporters call character assassination. This week, Weirick took the fight a step further, charging in a complaint filed with the agency that oversees classification of secrets that senior Marine Corps officials improperly classified material that could have assisted defense attorneys for the Marines under investigation. The case could hardly come at a worse time for the military justice system, which has come under searing criticism from activists and lawmakers who contend that commanders often exert undue influence in criminal investigations, particularly those involving sexual assault. The urination scandal was among the embarrassing episodes for the Marine Corps during the last decade of war, calling into question the military’s ability to adequately investigate war crimes. Its muddled handling comes as Afghan officials are debating whether to support keeping U.S. troops in Afghanistan after 2014, which would require Kabul to extend immunity from prosecution by the Afghan authorities to U.S. forces that remain behind. The military dropped its case against Capt. James V. Clement, the sole officer charged in the urination case in September, shortly before Weirick was to testify about his concerns. Three enlisted Marines who appear in the video have pleaded guilty to a range of charges that include wrongful possession of unauthorized photos of casualties and failure to report mistreatment of human casualties. Five other Marines received nonjudicial punishments. With the criminal cases over, Weirick says he is now in a struggle for his career and livelihood. “There won’t be a Weirick and an Amos in the Marine Corps at the end of this,” he said in an interview Friday night. “I’m not sure which one will remain, but it’s not clear we can both coexist.” As the Defense Department inspector general reviews Weirick’s allegations, several retired Marine lawyers and a few members of Congress are rallying around the embattled officer. “This has a foul odor at the highest level,” Rep. Walter B. Jones (R-N.C.), who has met with Weirick personally, said in an interview Friday. “This is an effort at the highest level to discredit a man of integrity.” The Marine Corps says Weirick was not removed from his job in retaliation for being a whistleblower. The step was taken after Weirick sent an e-mail to a colleague he believed was under pressure to cover up lapses by senior officers, asking him to “come clean” about his actions in the probe. Col. Sean Gibson, a Marine Corps spokesman, said in an e-mail that the message showed “poor judgment.” There was some question as to whether the language in the e-mail could be construed as threatening, according to military officials. “The command is well aware of obligations to service members who have made protected communication to the Inspector General,” Gibson said. “The command has and will continue to meet these obligations.” Full coverage of the revelations and debate surrounding National Security Agency surveillance programs. Click here to subscribe. A spokesman for Amos said the commandant would not discuss the case. “He respects the process by which the disputed issues will be sorted out, and he has full faith and confidence in his commanders to handle those matters within their purview,” said Lt. Col. David Nevers, the spokesman. The saga began on January 2012, when a video of four Marines laughing as they urinated on the corpses of suspected insurgents was posted on YouTube. The video alarmed U.S. military officials in Afghanistan because it came shortly after deadly riots in the country sparked by the revelation that U.S. military personnel had burned Korans. Weeks after the incident, Amos met with Lt. Gen. Thomas D. Waldhauser, who had been assigned to oversee the prosecution. In their conversation, Amos told Waldhauser that he wanted those responsible “crushed” and separated from the service, Waldhauser wrote in a court filing in July. Waldhauser told Amos that he was considering a lesser form of punishment for some of the Marines. Amos soon replaced Waldhauser with another three-star general, saying he worried that their conversation could have been construed as undue command influence. As the case moved forward, Weirick and other Marine officials protested when senior officers argued that the video and an investigative report ought to be classified in order to prevent leaks that could stoke further controversy in Afghanistan about the case. “Tensions were running high in Afghanistan in the wake of the Koran burning and civilian casualties, posing serious operational and strategic threats,” Nevers said. “The decision to classify the materials was made in that crucial context.” A Marine expert on classification expressed alarm at the time, writing in a March 14, 2012, e-mail to Weirick that the Marine Corps stood to look “like a box of buffoons” if the decisions to classify the video and report were litigated. After Weirick started raising alarms about the way the case was being handled in the spring, he was reassigned. But he kept pushing the issue, he said, believing that the Marines under investigation deserved a fair proceeding. Beyond launching an inspector general’s probe, he said, the military has taken no action in response to his concerns, the major said. This week, Weirick filed a complaint to the Information Security Oversight Office, which oversees classification procedures across the federal government. The former head of that office, J. William Leonard, endorsed his complaint. “I am extremely concerned that the integrity of the classification system continues to be severely undermined by the complete absence of accountability in instances such as this clear abuse of classification authority,” he wrote in a letter to the agency’s directory, John P. Fitzpatrick.
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