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    Tag: 4th Amendment

    We Haven't Forgotten A Darn Thing Mike

    By JGillman, Section News
    Posted on Wed Jul 24, 2013 at 10:40:31 PM EST
    Tags: Michigan, Mike Rogers, Domestic Spying, 4th Amendment, HR2397, Amash Amendment, 217-205 (all tags)

    It is one thing if you have a government you can trust, and yet another when you have representative you cannot.

    A dozen years ago Representative Mike Rogers, I would have agreed with you.  However, even then I asked the question of the 'carnivore' program: "would I trust these tools in anyone else' hands but the good guys? (At the time I considered that to be GWB) So when you ask YOUR question:

    "Have 12 years gone by and our memories faded so badly that we forgot what happened on Sept. 11?" Rep. Mike Rogers, R-Mich., chairman of the Intelligence committee, said in pleading with his colleagues to back the program during House debate.
    I will tell you we have not forgotten.

    But we also are not blind.

    The Amash amendment was a good start to reign in this administration's abuse.  We are no safer with this president's minions using such tools to its own ends, than we are by pretending the NSA trade off is worth it.  Take a look at how we deal with REAL terrorism on our shores, and can you tell me if it matters what THEY find?

    Right.  217-205.  The whitewash runneth.

    (16 comments) Comments >>

    Frank Kelley Support For Constitution Laughable

    By JGillman, Section News
    Posted on Thu Oct 27, 2011 at 10:08:41 AM EST
    Tags: Opinions, Michigan, AG, Attorney General, Frank Kelley, Constitution, Rights, 4th Amendment, Legacy Reworked, Tough Cookies Hoss, State Police v. Sitz (all tags)

    Former attorney General Frank Kelley is bemoaning the fact some of his work is being looked at a little more closely.  He is feeling a bit put out apparently:
    But he's worried now, about us -- our state, our nation, and our future. Last week he sent a rather remarkable letter to a number of opinion leaders in this state. "I am writing to you now with a sense of dismay," he says. "During my time in office I truly tried to serve the people," he says, adding with pride that, "during my time in office, very few of my opinions were ever overturned."

    Opinions issued by an attorney general, by the way, have the force of law, unless they are specifically overturned by a court.

    So he is super bummed that he is being told he is wrong.  Big surprise.

    Kelley complains that constitutional protections are being threatened.  Particularly where corporations and money going to elections would be concerned.  Strangely, I don't recall a Kelly 'decision' that said unions couldn't participate in the election process, and I really don't recall any kvetching about the McCain Feingold bill which convoluted the entire process even more.  No, Franky Kelley would like it one way and if the flavor doesn't have his stink, he isn't happy.

    Go cry a river FORMER ag.

    And while you are at it, consider this great representation of individual rights you fought for. Yeah, that one.  Right.  

    Now used for seat belt enforcement justification, it is a wholesale abrogation of the 4th brought to you by this concerned genius.  He was wrong then, and still wrong today.

    Comments >>

    A Message To Our Legislators - Beware False Choices

    Click It Or

    By JGillman, Section News
    Posted on Wed Sep 07, 2011 at 09:39:22 AM EST
    Tags: Grants, Seat Belts, County Commission, Michigan, Bad Law, 4th Amendment, Police Powers, Constitution (all tags)

    Maybe you get a ticket.

    One of the things I have come to realize as an elected official, is that I can actually affect, or at the very least open discussion on a range of topics that were heretofore untouched.  Even at a county commission venue, we have before us on a regular basis, a number of items that are worthy of note on a statewide level.  

    In this case, it is the seat belt legislation and roadside enforcement zones I get to body slam. Or maybe at least tickle.

    Tonight, while all of you will be watching and (hopefully) enjoying a debate with conservatives in a thoroughly liberal environment, I and eight others get to decide whether to accept a grant on behalf of the Grand Traverse County Sheriff's dept. The grant is for $12,000 and is

    "specifically geared toward safety belt enforcement and impaired driving enforcement."

    Read: "Road side check points."

    Two things.

    • 1. Jackboots
    • 2. 4th amendment

    I'm a law and order guy.  I believe most conservatives are. You'll find few others that demand an execution of our laws to the "T" as do we.  However, the application of law must be done carefully. It must have an element of common sense. And if the law is bad, it should be expunged.

    And the seat belt law is bad. ~ More Below ~

    (11 comments, 868 words in story) Full Story

    Things could have been worse

    By JGillman, Section News
    Posted on Tue May 17, 2011 at 11:38:27 PM EST
    Tags: Indiana, Unitended consequence, Supreme court, Illegal search, 4th amendment, WRONG, constitution, SCOTUS, Lucky Us, Michigan (all tags)

    in our last election.

    The Michigan Supreme Court COULD have gone to the lefties.  It COULD have gone to those who think the constitution is a "living, breathing, document." It could have even lost some of its federalist nature AFTER the election when Maura Corrigan took on a new career as the head of DHS.  Certainly we were lucky that the election turned out as it did, and that even the replacement of Corrigan was a constitutionalist.

    Because at any given point in the last year we could have found ourselves with a laughing stock and dangerous ally of the enemies of liberty.  

    It could have become populated by those too much like the Indiana Supreme court.  Particularly when they spout such nonsense as:

    "We believe however that a right to resist an unlawful police entry into a home is against public policy and is incompatible with modern Fourth Amendment jurisprudence. Nowadays, an aggrieved arrestee has means unavailable at common law for redress against unlawful police action."

    In its Barnes v. State of Indiana decision.

    Against public policy?


    (16 comments, 873 words in story) Full Story

    Texting out this blog while in a high speed pursuit

    By JGillman, Section News
    Posted on Fri Jul 02, 2010 at 01:59:19 PM EST
    Tags: texting ban, cell phones, 4th amendment, police, harrassment, always answer NO I wasn't texting MR nice man with the badge, Fail law (all tags)

    Some decisions shouldn't require a great deal of thought, but people are still making the wrong choices.

    If you regularly text while driving, its safe to assume you have made a few other stupid mistakes in your life.  There is an element of common sense involved, and a great amount of responsibility as well.  If you hurt, maim, or kill someone because you have not given your full attention to the act of driving what could be an instrument of death, you fail.  You lose, and perhaps not so much as those who suffer the losses of YOUR actions, but your life will change.


    Women Fard, Guys Gawk, nearly all of us have eaten food so easily picked up from a drive through dollar menu, and yes.. its hard to find anyone who has not at least taken a cell phone call while operating the family wagon, pick up or Coup De Ville.  In fact I would argue that most gals from the tender age of "daddy give me the keys" use earrings to mount their personal communication devices to the sides of their heads.

    And the camel's nose, always searching for a new and deliciously imposing way to insert itself into our lives, seems to lift the tent's edge all too easily nowadays.  And it has really bad breath.

    (3 comments, 436 words in story) Full Story

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