Sep 28

[From the Cato Institute Blog]
Posted: 28 Sep 2010 08:47 AM PDT

 By David Rittgers

Maryland Circuit Court Judge Emory A Pitt, Jr. has ruled that motorcyclist and Maryland Air National Guardsman Anthony Graber did not violate the Maryland wiretapping statute  when he recorded his traffic stop. The wiretap law does prohibit the recording of audio where there is (NOT) a “reasonable expectation of privacy,” but Judge Pitt found that a police officer performing a traffic stop has no such expectation of privacy.

“Those of us who are public officials and are entrusted with the power of the state are ultimately accountable to the public,” the judge wrote. “When we exercise that power in public fora, we should not expect our actions to be shielded from public observation.”

 As I said in this op-ed, and as Clark Neily, Radley Balko and I pointed out in this video, Maryland police officers have used the “expectation of privacy” claim as a tool to deter anyone from recording on-duty police officers. In Anthony Graber’s case, a Maryland state trooper cut off Graber in an unmarked car and emerged from the driver’s side door in jeans and a gray pullover, gun drawn and badge not visible. It looked like a carjacking, and Graber was not charged for recording the encounter until he posted it on YouTube. The message to other Marylanders was clear: record the police, and you will face arrest and felony prosecution.

The prosecutor behind the case against Graber, Joseph Cassilly, spoke on a panel last week at Cato. He made clear that he disagreed with the structure of the Maryland wiretapping law, and was using the case to push the legislature toward a single-party consent wiretap statute. While I agree with a move to a single-party consent law, it is satisfying to see the charges against Anthony Graber reduced to the traffic violations that instigated the encounter in the first place.

Judge Dismisses Wiretapping Charges against Motorcyclist for Recording Traffic Stop is a post from http://www.cato-at-liberty.org/

Sep 26

Sep 25

[From Reason.com by Radley Balko, September 20, 2010, original article here]
Additional related reading:

http://abcnews.go.com/US/TheLaw/videotaping-cops-arrest/story?id=11179076
http://hurtyoubad.com/?p=7781
http://readingeagle.com/article.aspx?id=50153 
http://www.aclu.org/racial-justice_prisoners-rights_drug-law-reform
_immigrants-rights/fighting-police-abuse-community-ac
  
http://www.aclu-md.org/aPress/Press2010/Graber_Factsheet.pdf 
http://www.cato.org/pub_display.php?pub_id=11861
http://www.freewebs.com/policemisconduct/ 
http://www.injusticeeverywhere.com/ 
http://www.law.suffolk.edu/highlights/stuorgs/lawreview/documents/Skehill
_Note_Final.pdf

http://www.lawcollective.org/article.php?id=94 
http://www.thefreemanonline.org/headline/are-cameras-the-new-guns/ 
http://www.time.com/time/nation/article/0,8599,2008566,00.html
————————————————————————————————————————————
A guide to the technology for keeping government accountable

This summer the issue of recording on-duty police officers has received a great deal of media attention. Camera-wielding citizens were arrested in Maryland, Illinois, and Massachusetts under interpretations of state wiretapping laws, while others were arrested in New Hampshire, Ohio, Oregon, Florida, and elsewhere based on vaguer charges related to obstructing or interfering with a police officer.

So far Massachusetts is the only state to explicitly uphold a conviction for recording on-duty cops, and Illinois and Massachusetts are the only states where it is clearly illegal. The Illinois law has yet to be considered by the state’s Supreme Court, while the Massachusetts law has yet to be upheld by a federal appeals court. Maryland Attorney General Douglas Gansler recently issued an opinion concluding that arrests for recording cops are based on a misreading of the state’s wiretapping statute, but that opinion isn’t binding on local prosecutors.

 
In the remaining 47 states, the law is clearer: It is generally legal to record the police, as long as you don’t physically interfere with them. You may be unfairly harassed, questioned, or even arrested, but it’s unlikely you will be charged, much less convicted. (These are general observations and should not be treated as legal advice.)

One reason this issue has heated up recently is that the democratization of technology has made it easier than ever for just about anyone to pull out a camera and quickly document an encounter with police. So what’s the best way to record cops? Here is a quick rundown of the technology that’s out there.

Continue reading original article here…. 

Sep 25

Sep 22

Sep 22

Sep 15

[From CNSNews.com, article here]
HALC.us editor’s note, comment from original story suggests expressing your views, especially good if you have business or relatives in that area: 

Off the web at: http://www.andovervillage.com/Contact.html .  We need to call the Trustees of the Township of this town to express our POLITE thoughts regarding this.  Be RESPECTFUL and POLITE! We only damage our own cause when we are rude!

Trustees:

Charlie Rose
440-293-9916

Mike Ogram
440-293-6946

Matt Hockran
440-293-4827
===============================================================

(CNSNews.com) – Local officials in Ohio’s Andover Township have denied the use of their public square for a celebration of Constitution Day because of the “political affiliation” of its organizers.

Several residents of the small central Ohio town formed The Andover Tea Party in May 2010, and in that same month, they asked to use the square for a rally to commemorate Constitution Day, which celebrates the anniversary of the signing of the U.S. Constitution on September 17, 1787.

But on July 19, a trustee informed one of the tea party organizers, Margaret Slingluff, that they would not be allowed to hold the event, which would have included singers performing patriotic songs and public policy-related speakers, in the square. In an official letter dated Aug. 25, the trustee said the reason was “due to your group’s political affiliation.”

A nonpartisan law center in the state, the 1851 Center for Constitutional Law, has now filed a lawsuit in federal court on behalf of the Tea Party group, claiming their First Amendment rights are being violated.

Read the rest of this entry »

Sep 15
            Police and firefighters are dieing at an alarming rate from Ground Zero related illnesses. Almost ten years after the attacks on the World Trade Center, our government has done nothing to aid the brave and dedicated first responders. Congress recently has denied a healthcare bill, HR 847, which would have provided the necessary care and treatment needed for these Americans. Why? Neither side of the aisle could cram earmarks in the bill. Texas Congressmen Ted Poe and Pete Olson are two of those representatives guilty of voting “NO” on this essential legislation.
             Two Texas LP Candidates, David Smith-CD 2 and Steve Susman-CD 22 do not agree that Americans should be forced to suffer for doing their jobs. On September 18th, 2010, Mr. Smith and Mr. Susman will join other speakers and entertainers to help raise funds for John Feal of the Fealgood Foundation at Libertyfest 2010 in Times Square, New York.     
            Both David and Steve are trying to raise an additional approximate $200 each to pay for the remaining portion of their hotel room for the two days they will be up in NYC.  Their flights to/from NYC have been taken care of, as well as ground transportation to and from the hotel and event locations and food while they are in NYC. If you can assist them in this effort, please visit their respective websites and donate via secured Pay Pal link.
            This benefit will also feature speeches by Catherine Bleish (Liberty Restoration Project), John Bush (Texans For Accountable Government), Gigi Bowman (Liberty Candidates), Scott Goldberg (Documentary Filmmaker), Sabrina Rivera  (We Are Change NYC), Jason Rink (The Liberty Voice.com) and many others. Musical entertainment will also be provided by John Brazille, Terry McLain and The Real Side. Jordan Page will be the headliner. For more information, please visit the event website, http://www.lf2010nyc.com .
Sep 10

Renew Houston measure draws formal opposition

By MICHAEL REED | Updated: 09.08.10

The City Council’s vote to put the Renew Houston referendum on the ballot has drawn its first formal opposition in the form Taxpayers for Fiscal Accountability.

The group, recently registered with the city, hopes to convince voters that what would be a city-assessed monthly fee to property owners is, in reality, another way of issuing a new tax for services that should already be provided through other means.

The referendum was brought forward primarily by a group of engineers, including Councilman Stephen Costello, which obtained more than the 30,000 needed signatures.

Renew Houston cites the city’s deteriorating infrastructure and the need to alleviate flooding. Part of the program’s financing would come from an assessment fee based on square footage that proponents say will cost the average homeowner about $5 a month.

However, Robert Glaser, Taxpayers for Fiscal Accountability’s treasurer, believes there is already a funding method in place for street improvements, including drainage.

Glaser said. “The truth is, there are other entities that owe the city a lot of money for this type of repairs,” referring to the Metropolitan Transit Authority. “Politicians will like the idea of this being called a ‘fee’ rather than a ‘tax.’” Read the rest of this entry »

Sep 6
The Houston Area Liberty Campaign (HALC) is continuing the tradition of celebrating Constitution Day by hosting “The Constitution and You” on Thursday, September 23, 2010, from 5:30 pm to 8:15 pm.  Tickets are only $10. You must purchase tickets online as tickets cannot be bought or sold at the facility due to Harris County Community Center restrictions.

PURCHASE TICKETS HERE

Three dynamic speakers will discuss a wide range of Constitutional topics which will include:
  • Property Taxes, “Obamacare” and other Unconstitutional Laws
  • Constitution 101 and the Preamble
  • State Sovereignty and the 10th Amendment
  • Natural Law and the War on Drugs
  • The Economics of Immigration
  • Which “Federal Agencies” are actually NOT Federal Agencies
  • And much more!
Our speakers include former Texas Gubernatorial Candidate Debra Medina, local business owner and HALC’s former chairman, Bill Tofte and former NYPD Detective and Assistant State Coordinator for the Florida Campaign for Liberty John Baeza.

Mingle with guests early and enjoy a light potluck-style dinner compliments of HALC members and volunteers.

###

About The Houston Area Liberty Campaign
The Houston Area Liberty Campaign is an organization defined by the message of liberty and freedom – a community of volunteers, organized from the ground up, with the purpose of bringing this message to the people. This group can do nothing without the individual heroism of vigilant patriots. It is our belief that through grassroot actions we can bring about a revolutionary change across the entire spectrum of the political process. Upholding the ideals of decentralized action and individual leadership has allowed us to accomplish much, and the continued embodiment of these principles will lead us to continued success.www.halc.us

About Debra Medina
Ms. Debra Medina is a recent Republican gubernatorial candidate, garnering almost 20% of the vote while running against two career politicians with huge war chests. Debra was recruited for her run as a gubernatorial candidate by the grassroots because she was known to the average Texan as hardworking, honest, and principled, and therefore a true “peoples’ candidate.” She was recently named as one of the 50 most influential Texans in the public policy arena by the national publication, Politics and Elections Magazine.

While running in the gubernatorial campaign, Debra earned the respect and support of thousands of citizens across Texas and subsequently formed We Texans so that she and her supporters could continue to educate and work on the issues which have become so important to Texas citizens. The non-profit, non-partisan organization promotes public policy and legislation which advances and protects private property and personal and economic liberty.  We Texans, through education and activism, engages in research and analysis with the ultimate goal of returning the Texas government to the citizenry within the framework of constitutional government.

Debra has also excelled in her personal and political life prior to her gubernatorial run. She and her husband of 25 years, Noe, home schooled both their children, when it wasn’t nearly as easy or acceptable as it is today. Debra is a registered nurse and founder and CEO of Prudentia, a medical consulting firm. She is the Wharton County Republican Party Chair and has been involved in politics for over twenty years.

Debra is a sought after speaker, a much requested guest on radio and television stations, has had literally hundreds of web site and blog mentions, and has had articles published by The 10th Amendment Center as well as other online media outlets.

About John Baeza
Mr. John Baeza is an Assistant State Coordinator with the Florida Campaign for Liberty.  John educated himself about the Constitution, has developed a Constitution course for the Florida Campaign for Liberty, teaches that course and also gives presentations about the Federal Reserve.

John is a retired NYPD Detective where he worked undercover narcotics with the NYPD before spending the last six years in the Special Victims Squad investigating sex crimes, child abuse, serial rapes and sexual homicides.   John’s success in sex crime investigations resulted in a method of determining truthfulness of alleged assault victims, perpetrators and witnesses named after him: the “Baeza False Report Index” (BAFRI).  http://twitter.com/johnbaeza

Before retiring, he also worked as a deputy sheriff in Florida.  Even though he’s a retired Detective, John is a staunch libertarian and sees Constitutional issues as very black and white.  John believes the premise for the ‘War on Drugs’ violates the Ninth Amendment to the United States Constitution.

In 1984 he began his 24-year law enforcement career, as a corrections officer at Sing Sing.  But then came the day when John no longer felt that being a soldier for prohibition had anything to do with helping people. After an undercover assignment gone wrong, from which John had barely escaped with his life, the first thing his department chief wanted to know was whether the drug-buy money stolen from John at gunpoint had been recovered.

“After this encounter, I never made another buy,” John relates.  “An epiphany, a life change – who knows?  All I know is that this near-death incident changed everything about me. I no longer believed in the ‘drug war.’  I no longer felt the police should criminalize an individual for self-medicating himself while not infringing on the rights of others. I was a changed man.”  He immediately transferred out of narcotics and went to the Special Victims Squad where he then became an investigator in sexual assaults; murders; and child molestations.  Grisly work but satisfying when you can put bad guys behinds bars.

So he has fought in the “War on Drugs” at just about every law-enforcement level, all because, as he puts it, “I wanted to help people.”

About Bill Tofte

Mr. Bill Tofte is the former Chair of HALC and, along with his brother Mike, operates ITD Precision, founded in 1946 by Bill and Mike’s father.  ITD Precision is a metal stamping, heat treating, e-coating and insert molding company that has been in continuous operation for 64 years and specializes in high-quality metal stamping. Automotive, electronic, oil field, construction, power transmission, electric and appliance companies find that ITD fits their special requirements for quality, delivery, and price.  ITD Precision has an office in Houston, near US 290 and Telge Road and an office in Harlingen, Texas. www.itdprecision.com

Bill has given presentations to business groups about business operations.  Bill also has given several speeches and presentations on issues such as “Audit the Fed,” “End the Fed,” and constitutional issues in general.

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