Showing posts with label 4th Amendment. Show all posts
Showing posts with label 4th Amendment. Show all posts

Tuesday, October 24, 2017

Sunday, October 15, 2017

Cop Claims He has the Right to Assault Innocent Man, Yank Him Out of Car, “Because I Said So!”

man

Frederick, MD — Jason Childs used his cell phone’s video camera to demonstrate the level of harassment he says he and fellow citizens are experiencing on an all too often basis. In the latest of 10 traffic stops, Childs was pulled over by Frederick police for allegedly crossing the white line at a stop sign.


That type of stop isn’t unusual in the small town where some of Childs’ fellow residents claim police have nothing better to do. Approaching the vehicle, an officer whose identity cannot be confirmed, told Childs:



Okay sir, do me a favor. Roll your windows up, put your keys on the dash and place both hands on the steering wheel.



Childs objected. He did not believe Frederick police had probable cause to search his vehicle, according to the 4th Amendment to the U.S. Constitution which prohibits unreasonable searches and seizures.


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Maybe Childs knew just how hot his vehicle could get with the windows rolled up on the warm summer day which saw temperatures in Frederick reach almost 90 degrees. Maybe he was simply tired of the ongoing harassment by Frederick police. At any rate, he simply refused. He chose not to comply with officer’s commands as he felt as though he had done nothing wrong enough to warrant the search of his vehicle.


Childs insisted he was not “resisting arrest” but would not roll up his windows and that he did not consent to a K9 search of his vehicle.


As TFTP has reported, dogs can bark on command, signaling the presence of drugs in a vehicle, but in all actuality they’re just responding to a K9 handler’s cue. After the dog signals the officer needs no more justification by law to enter the vehicle for a search and possible seizure of assets.




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The surrender of assets is called a “civil asset forfeiture (CAF)” and is simply a legal way for police to steal property that belongs to someone else. The CAF programs are highly controversial and rife with scandal, causing police departments to cross ethical lines, blurring conflicts of interest.


Childs was yanked from the car, all the while officers were screaming at him. The young man kept asking “why?” He was being pulled out of the vehicle.



“Because I said so, that’s why,” the officer said repeatedly.


“What about my rights?” Childs asked. The officer did not know how to respond to that question.


It seems the man’s rights took a back seat to the officers’ desire to peer into his vehicle. The decision to jerk the man out of his vehicle without first having a man to man conversation about the reasons for the investigation, is part of the reasons why Childs believes his right were violated.


After he posted the recording of the traffic stop to his Facebook page, Childs was approached by many members of the community who expressed similar stories of police harrassment in Frederick.


In a blog, Child’s story was told. While it’s unclear who wrote it, the author very well could have been Childs himself as it was written in 3rd person plural. Here’s the graceful and thankful message posted on the blog with a call to action for anyone who wishes to hold Frederick police accountable for their apparent violation of Childs’ civil rights.




No we weren’t shot, we were just reminded that we could be. It’s a blessing to say we made it, isn’t it? In the comment section of the video, many Frederick residents, former and current, had similar stories of their own about FPD stops. We’ve seen situations escalate quickly warped into seconds of violence and confusion resulting in severe injury and death. We expect those who are obligated to make split second decisions be effectively trained and emotionally intelligent. We expect law enforcement to de-escalate civilians, not the other way around. In previous encounters, Jason had been stopped a minimum of ten times — and nothing was found. So we ask, to what end? Are we to assume that some of us are not being targeted?
There are so many stories in the shadows like these within the community. It’s time we tell them.



Childs was reportedly let go with a warning, along with the warning that if he didn’t comply they would unleash their attack dog on him. These types of traffic stops must stop, especially within minority communities who are increasingly suspicious that police are racially profiling them, targeting them for harrassment.

Saturday, October 7, 2017

Sheriff & Deputies Indicted for Locking Down Entire School & Sexually Assaulting Kids

school

Worth County, GA — In June, violated children and furious parents filed a massive lawsuit after the Worth County Sheriff’s office conducted an illegal search of 900 students, sexually abusing multiple children in the process. Now, after nearly half a year, a grand jury has finally indicted the people responsible for this heinous deprivation of rights.


A south Georgia grand jury indicted Worth County Sheriff Jeff Hobby on Tuesday for sexual battery, false imprisonment and violation of oath of office after he ordered a school-wide search of hundreds of high school students. Deputies allegedly touched girls vaginas and breasts and groped boys in their groin area during the search at the Worth County High School April 14, reports RARE. 


Two of Hobby’s deputies were also indicted this week in connection with the case.


Norman Crowe Jr., Hobby’s attorney claims the sheriff is innocent and conducted no searches.


“The sheriff’s position is that he’s not guilty,” Crowe said. “He’s committed no crime.”


As the Free Thought Project previously reported, an Atlanta attorney is now representing multiple students who were subjected to invasive and outright horrifying body searches during a mass — and warrantless — search for drugs at a South Georgia high school. Attorney Mark Begnaud, who filed the class-action lawsuit, called out the sheriff for conducting “900 illegal, suspicionless searches.”


“This was a textbook definition of overreach,” said Begnaud. “They pulled 900 students out of class. They did full, hands-on body searches.”


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To highlight the sheer unnecessary police state tactics of the tyrannical Worth County Sheriff Jeff Hobby and his deputies — not a single bit of contraband was found.



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As the Daily Report notes, Begnaud said the suit seeks certification as a class action on behalf of every student who was searched. It also asks for unspecified compensatory and punitive damages, as well as a declaratory judgment that a law enforcement officer violates a student’s constitutional rights when he conducts a body search absent either voluntary consent or an individualized suspicion that the student has broken the law. The case has been assigned to U.S. District Judge Leslie Abrams.


On April 14, when the students of Worth County High School returned from spring break, they arrived at school to find a police state had taken over. The sheriff and his deputies — with no probable cause — detained and illegally searched every single child in the school, all 900 of them. More than 40 cops from five other law enforcement agencies participated in the raid — a handful of those cops were apparently sexual predators.


When kids went home that day to tell their parents what happened, naturally, they were furious as it is a gross violation of the children’s 4th Amendment rights.


“It’s essentially a fourth amendment violation,” said Begnaud. “It’s 900 illegal searches, suspicion-less pat downs, suspicion-less searches.”


Naturally, Sheriff Jeff Hobby is standing by this rights violation on a massive scale, noting that as long as a school administrator was present, the search of the children was legal.



Apparently, in the sheriff’s mind, school administrators can usurp the constitutional rights of children in favor of unlawful police searches.


But school officials and the student rule book disagree.



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In the student handbook, it says school officials may search a student only if there is reasonable suspicion the student has an illegal item.


As WALB reported at that time, Worth County Schools attorney Tommy Coleman said in order for the Sheriff’s office to search any students, they’d had to have reason to believe there was some kind of criminal activity or the student had possession of contraband or drugs.


“If you don’t have that then this search would violate an individual’s rights,” said Coleman. “[It] violates the constitutional right and enforcing them the right against unreasonable search and seizures.”



Interim Worth County Superintendent Lawrence Walters said he understands parents concerns about the drug search at Worth County High school on Friday, according to WALB.


“I’ve never been involved with anything like that ever in the past 21 years and I don’t condone it,” said Walters.


Walters said he was notified that there was be a search but pointed out that he did not give permission nor did he approve the mass groping of children.


“We did not give permission but they didn’t ask for permission, he just said, the sheriff, that he was going to do it after spring break,” said Walters.


“Under no circumstances did we approve touching any students,” explained Walters.


Many of the charges faced by the sheriff and his deputies stem from the fact that several students complained that they got far more than just a pat down.


According to the complaint,


Defendants’ searches of students were intrusive, performed in an aggressive manner, and done in full view of other students. For example: a) Deputies ordered students to stand facing the wall with their hands and legs spread wide apart; b) Deputies touched and manipulated students’ breasts and genitals; c) Deputies inserted fingers inside girls’ bras, and pulled up girls’ bras, touching and partially exposing their bare breasts. d) Deputies touched girls’ underwear by placing hands inside the waistbands of their pants or reaching up their dresses; e) Deputies touched girls’ vaginal areas through their underwear; f) Deputies cupped or groped boys’ genitals and touched their buttocks through their pants. 8. Defendants had no warrant or other authority to perform a mass search on hundreds of public school children.



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When multiple students complained about being groped by at least one sicko deputy, Sheriff Hobby ensured parents and school officials that “corrective action was taken to make sure the behavior will not be repeated.” However, it took six months and a grand jury to do that, no thanks to Hobby.


“I’m okay with them doing the search, if it was done appropriately like the school has done in the past,” said father of two Jonathan Luke. “But when they put their hands on my son, that’s crossing the line.” 


Aside from not finding a single bit of contraband, the sheriff’s search was also entirely uncalled for as the Sylvester Police Department did a search on March 17 — just a few weeks before — and found no drugs.

Thursday, September 28, 2017

WATCH: Woman Prevents Cops from Entering Home With No Warrant, So They Break Her Leg

warrant

Santa Clara, CA — The taxpayers of Santa Clara will be shelling out a massive $6.7 million to settle a federal civil-rights lawsuit that was entirely preventable had a rogue cops not decided to violate their oaths and kick down the door of a family’s home—with no warrant.


On April 12, 2016, Danielle Burfine was in her home when multiple Santa Clara officers came to her door and demanded entry into her home to arrest Burfine’s 15-year-old daughter. They had no warrant.


Instead of simply going back to a judge and obtaining a warrant to constitutionally arrest the young woman, Sergeant Gregory Hill took it upon himself to kick down their front door. Because Burfine was attempting to prevent the officers from entering her home without a warrant, she was thrown down, causing her to hit a stone pillar which broke her leg, according to the lawsuit.


“This shocking video shows obvious excessive force, wrongful entry without a warrant, and extreme callousness as Danielle broke her ankle and cried in pain,” attorney Michael Haddad said.


As the video begins, Hill and Burfine are involved in a standoff as the mother refuses to allow the officers in her home until she sees a warrant. Santa Clara police claimed they had a right to enter the home of the teen on the basis of “on-view charges.” This term typically refers to a crime or evidence that an officer witness directly. However, the alleged crime was over a week old by this time, so it did not apply in this instance.


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“This is not like they were in hot pursuit of a suspect running from a crime,” Haddad said. “They were clearly in a zone where they now required a warrant.”



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But these officers felt no warrant was needed, so now the taxpayers are shelling out millions to pay for their careless mistake and brutality.


The officers tried to be polite even as they began kicking at her door. However, the fact that they were nice to her while violating her rights does not dismiss the outcome of this scenario.


“We’re going to arrest her. That’s going to happen,” Hill says before breaking into the woman’s home. “You’re going to want to stand back, because I don’t want you to get hit by the door when I kick it.”



Burfine replies, “No I’m not moving, and you do not have permission to kick down my door.”


Instead of listening to reason, Hill kicks down the door, Burfine is assaulted and then the mother can be heard yelling “No you are not allowed to come into my house!” before she falls and screams, “My ankle just broke! My leg just broke!” In the video, we can see the bone pushing outward on Burfine’s pant leg—a horrific sight indeed.


The city asserts that Burfine “lost her footing, tripped off the front porch and fractured her ankle.” However, even with body camera footage of the incident, they chose not to contest the lawsuit and settle for this record amount.


“Although there was significant disagreement about the extent of the injury, there was no dispute that the plaintiff sustained a broken ankle in the course of the entry to the plaintiff’s home without a warrant,’’ City Attorney Brian Doyle said in a statement. “The city’s insurer determined that the most prudent course of action was for it to pay an amount that would result in settlement.”




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As Mercury News reports, Haddad contends the aggressive confrontation was retaliation against Burfine for not allowing police to fully interrogate her daughter in the days after the fire and refusing on multiple occasions to discuss the case without their attorney present.


After her injury, Burfine can be heard saying, “I was simply doing what my attorney asked me.”


This should have been a cut and dry arrest as no one disputes that Burfine’s 15-year-old daughter is innocent of the crime of arson for setting a snack shack on fire at Santa Clara High School. However, because they chose to use force instead of the law, the taxpayers are now giving $6.7 million to this woman.


According to Haddad, Burfine developed Complex Regional Pain Syndrome, a chronic pain condition he said “is likely to be permanently disabling.”


As Mercury News reports, Haddad was also the attorney in a civil-rights case that ended last year with Santa Clara reaching a nearly $500,000 settlement with a family who sued claiming that police illegally searched their home multiple times in 2014, based on theft suspicions that never materialized.


“Now they’ve catastrophically injured an innocent mom,” Haddad said. “Will they finally fix their training and procedures?”


Below is the infuriating and hard to watch video illustrating what can happen when cops choose to go rogue instead of following the law.

Friday, September 1, 2017

WATCH: Cop Attacks, Kidnaps Nurse for Refusing to Break the Law for Him & Warrantlessly Draw Blood

law

Salt Lake City, UT — For refusing to do the illegal bidding of a Salt Lake City police detective, a University Hospital nurse was assaulted and arrested. Now, she is showing the public the video of the attack to let them know how untrained in the law some officers can be and how this can lead to innocent people having their rights violated.


The footage is from an incident on July 26. It is from University Hospital and officer body cameras and it shows Detective Jeff Payne attempting to convince nurse Alex Wubbels to get a blood sample from a patient who’d been injured in a fatal car accident.


In the video, Wubbels is attempting to explain to the officer that blood cannot be taken from an unconscious patient unless there is a warrant, the patient is under arrest, or the patient consents. None of these factors were present at the time Payne was demanding blood, so Wubbles was merely following the law.


This infuriated the detective, who at one point during the conversation resorted to making threats against Wubbles.


“I either go away with blood in vials or body in tow,” Payne says.


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Wubbles confirms with several hospital officials and again tells Payne that it is against the law to draw the victim’s blood. Instead of simply obeying the law, Payne chose to assault and kidnap the nurse.


“Help! Help! Somebody help me! Stop! Stop! I did nothing wrong!” Wubbles screams as her assailant handcuffs her, drags her to his patrol car, and shoves her inside.



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Naturally, neither of the other two officers who witnessed the illegal kidnapping and assault chose to intervene.


After Payne arrests Wubbles, he then begins planning his spiteful revenge on the rest of the hospital for refusing to break the law.



“I’ll bring them all the transients and take good patients elsewhere,” Payne says.


In spite of kidnapping an innocent woman on video for the sole act of refusing to break the law for a cop, Payne has yet to face any punishment. The only thing that happened to him was that he was temporarily suspended from the department’s blood-draw program that teaches cops how to get blood samples. However, he remains on regular duty.


As the Salt Lake City Tribune reports, in a written report, Payne said he was responding to a request from Logan police to get the blood sample, to determine whether the patient had illicit substances in his system at the time of the crash. Payne explained the “exigent circumstances and implied consent law” to Wubbels, but, according to his report, she said “her policies won’t allow me to obtain the blood sample without a warrant.”


Payne then passed the buck  Lt. James Tracy, whom he blamed for telling him to get the blood sample. Tracy did not deny this either. In his report, Tracy explained that he spoke with Wubbels on the phone and attempted to convince her to take the blood too, noting that they had “implied consent.”



Kara Porter, an attorney representing Wubbels, told the Tribune, however, that “implied consent” has not been the law in Utah since 2007, and the U.S. Supreme Court ruled in 2016 that the Constitution permits warrantless breath tests in drunken-driving arrests, but not warrantless blood tests. She stressed that the patient was always considered the victim in the case and never was suspected of wrongdoing.



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Sadly, according to Wubbels, this intimidation by police to health care workers is not uncommon. She told the Tribune that she’d heard of other health care workers being bullied by police and noted that her video proves there is a major problem.


In case after case, TFTP has reported on officers convincing hospital staff to commit unspeakable against otherwise entirely innocent people. TFTP has reported on numerous incidents in which police have made hospital staff conduct x-rays, forced sodomy, and even perform surgery in futile attempts to find drugs in innocent people.


For standing up to this bully cop, Wubbels, who competed on the 1998 and 2002 American Winter Olympics team and has no criminal record, deserves commendation. TFTP salutes nurse Wubbels for her bravery in the face of tyranny.


“I can’t sit on this video and not attempt to speak out both to re-educate and inform,” she said. Police agencies “need to be having conversations about what is appropriate intervention.”



Friday, July 28, 2017

Judge Slams ‘Incompetent’ Cops After SWAT Raids Innocent Family for Growing Tomato Plants

tomato

Wichita, KS – In a “huge and significant victory for the Fourth Amendment,” the federal 10th Circuit Court of Appeals reinstated a lawsuit brought by a Kansas City couple who endured a SWAT raid over their tomato plants. Robert and Adlynn Harte — and their two young children — were caught up in a county-wide sweep of suspected cannabis growers, in a prohibitionist state which still has not even legalized any form of medical cannabis.


The judges not only reinstated the Harte’s lawsuit against the Johnson County Sheriff’s Office, which was dismissed by a federal judge in 2015, but went on to castigate the law enforcement agencies involved. They described the 2012 raid as an “unjustified government intrusion based on nothing more than junk science, an incompetent investigation and a publicity stunt.


In the realm of unlawful police raids, this one may take the cake. It began with a Missouri State Highway Patrolman staking out a garden store every day in Kansas City in hopes of catching some pot growers. Robert Harte visited the store with his two children to buy supplies for an educational vegetable garden project in his basement.


The sergeant shared Harte’s information with a counterpart in the Johnson County Sheriff’s Office (JCSO), which was planning to raid several suspected cannabis growers on 4/20. JCSO went through the Harte’s trash on three occasions, eventually finding what officers believed was cannabis clippings soaked in THC extract.


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But the “marijuana” was actually discarded tea leaves.


Despite a lab technician saying the tea leaves looked nothing like cannabis leaves or stems, deputies Edward Blake and Mark Burns used notoriously faulty field drug test kits which showed the presence of THC. These supposed field drug tests were the basis for planning the raid, but the deputies never photographed or documented the tests — leading Judge Carlos Lucero to note that these circumstances gave the deputies strong motive to lie.




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They had to find something on the Hartes, because the JCSO had already scheduled the raid on the Harte’s home. Several routine investigatory steps were ignored, making their search warrant “based on nothing more than gardening supplies in a bag and wet tea leaves in the garbage.


The list of sheer incompetence goes on. In his written decision, Lucero used extraordinary language to characterize just how reckless these drug warriors were.


Law-abiding tea drinkers and gardeners beware: One visit to a garden store and some loose tea leaves in your trash may subject you to an early-morning, SWAT-style raid, complete with battering ram, bulletproof vests, and assault rifles.


Perhaps the officers will intentionally conduct the terrifying raid while your children are home, and keep the entire family under armed guard for two and a half hours while concerned residents of your quiet, family-oriented neighborhood wonder what nefarious crime you have committed. This is neither hyperbole nor metaphor—it is precisely what happened to the Harte family in the case before us.


During the two and a half hour raid – where heavily armed SWAT team broke in during early morning hours while the children were home – officers frantically searched for anything to justify their debacle, but found only tomato plants and gardening supplies. Knowing the history of no-knock SWAT raids, someone could have easily gotten killed.



The cops had picked the wrong target this time, as both Mr. and Mrs. Harte are former CIA employees and knew a thing or two about research. After the traumatic experience, the Hartes set out to find out why this happened to them. Spending thousands of dollars in legal costs, they were able to procure a probable-cause affidavit.



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It was easy to see that the “probable cause” was full of holes, and thankfully the 10th Circuit court actually studied the facts. The reinstated lawsuit includes unlawful search-and-seizure claims against 10 deputies, the sheriff who started the fiasco and the Johnson County Board of Commissioners.


The Hartes can also move forward with trying to prove that the cops lied about the field tests, and other claims under state law including trespass, assault and false imprisonment.


There was no probable cause at any step of the investigation,” wrote Lucero. “Not at the garden shop, not at the gathering of the tea leaves, and certainly not at the analytical stage when the officers willfully ignored directions to submit any presumed results to a laboratory for analysis.



We will certainly be monitoring the outcome of this lawsuit. It exposes the ludicrous nature of the war on cannabis still being carried out in prohibitionist states controlled by Reefer Madness politicians. If there is any “justice” left in the justice system, the Hartes will succeed in holding these deplorable cops accountable.

Tuesday, July 25, 2017

WATCH: Teen Harassed By Cops For Mowing Grass, Allegedly Mauled By Police K9


A video surfaced on Facebook showing an entrepreneurial Houston teenager being harassed by a cop for putting out business cards while his crew was mowing lawns. According to the post, later that day cops “broke into his home and attacked him with dogs,” although this has not been verified.


The video begins with an officer telling the young man to “step over here” next to a vehicle which is presumably their lawn work truck. Lawn machinery can be heard in the background as others are going to and from the truck.


“When I saw you, you were going from door to door to door,” says the unidentified cop.


“Yeah, I’m putting my business cards out,” replied the teen, holding a business card out for the cop. Later in the video, we see the teen hold his business card in front of a push mower.


“Well that’s what I’m trying to find out,” says the cop.


“Well that’s all you had to ask,” says the teen. “You see me cutting grass.”


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The teen seems to think the situation was de-escalating, but the cop was not done. He demands to see the teen’s ID.


It’s important to note at this point that Texas is not a ‘stop and ID’ state, so the teen was not required to show his ID or even answer any questions. And everyone has the right to invoke their 5th Amendment right to remain silent.


Instead, the teen fell into the cop’s trap. Law enforcement are trained to prey on ignorance of the law and fish for anything incriminating or any behavior that can be used to escalate the situation. The teen said he doesn’t have it on him, so the cop proceeds to interrogate him and write down the information.



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“Now what is all this for,” asks the teen after giving his name and date of birth. The teen said he was nineteen, but gave his date of birth as 1999, which would make him seventeen. This can be construed as providing false information to an officer, giving them grounds for arrest.


“Because I’m investigating what you’re going,” said the cop with feigned incredulity.



Of course, it’s very obvious at this point what the teen was doing. There was a crew mowing lawns and the teen was putting out business cards and offered one to the cop. No damage was done to any vehicles and nothing illegal was taking place.


The cop tells a lie himself, insisting, “When an officer asks you for your ID, you’re supposed to provide your ID. You don’t have your ID. I don’t care what you’re doing.”


The teen then asks the cop for his card or his name, and that’s when the cop decides to arrest the teen.


With the clear lack of any justification for escalating the situation, it has to be asked if this is a case of ‘cutting grass while black.’ Perhaps the cop, like others caught in racist moments, thought the teen looked like a ‘bad dude.’



As the officer brandishes handcuffs, the teen backs away, reminding the cop that he’s on video. Others on the crew notice and approach, asking why the teen is being harassed.


“You cannot put me in handcuffs, sir. Put them back in your pocket,” asserts the teen.


The video transitions to segment “later that day,” presumably at the teen’s house well after the confrontation. The same cop, who apparently just can’t let go, is seen standing in his front yard.



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The cops said he “just wants to talk” but the teen knows he is being harassed, and states it emphatically. He tells the cop to get out of his yard, but the cops refuses, saying he “needs to get you identified.”


“I’m cutting yards. I’m minding my business,” said the teen.


The video closes with the cop walking up to the front door, insisting that all he’s got to do is talk with the teen.


The video then shows pictures of lacerated arms, which allegedly came from the police dogs sicced on the teen when cops broke into his house. This however, has not been verified. It could be the case that the vengeful cop had caught the teen in a little white lie about his age and decided to use it against him. Or the teen could possibly have had a warrant out.


In any case, the video demonstrates the importance of not talking to cops. When they are on a mission to cause trouble for people that ‘look like bad dudes’ in their eyes, they can and will create a situation – with their own lies and deceit – where the victim incriminates himself.


Always film police encounters, and always know your rights.

Sunday, July 16, 2017

WATCH: Cops Storm Bar Like It’s a War Zone, Assault Dozens of Innocent People

bar


Merced, CA – Police stormed into a hookah lounge in the early morning hours on Sunday, July 9 in a manner that can be described as nothing short of terroristic. Video captured by a security guard at Chandelier’s Hookah Lounge shows us once again that all too often, cops are the ones who needlessly escalate situations into fear and violence.


The video begins with multiple cops screaming at patrons to back up, right after barging in with riot guns and batons. The crowd of people enjoying a relaxing Saturday night socializing at the hookah lounge are bewildered and frightened by this sudden act of aggression.


One cop fires a rubber projectile at a man who was being pushed backward by another cop, which causes even more panic as people are trying to flee the room. The video cuts to another segment after cops, with tasers drawn and pointed, have managed to put several people on the ground. Others are letting their frustration at this unprovoked violence be known, as we can hear one person shout, “Why the f—k are y’all doing this?!”


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According to the Merced Sun-Star:



“The video was corroborated by multiple witnesses, including one black female UC Merced student. She said police first entered the building with flashlights. They left, and people resumed the event thinking the situation was over. But the police rushed back in with guns and Tasers drawn, causing the confusion and fear.


During all this, one officer slammed the student’s friend to the floor and sat on his neck. As the student began to protest, saying he can’t breathe, an officer shouted, stay back or I’ll shoot.”



Indeed, the assault on innocent patrons begs the question: why did the cops do this?




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The Mercer Police Department (MCD) stated they were looking for a suspected burglar in the area, who was not caught. Instead, five people were arrested from a situation entirely created by the cops.


Assuming the MCD statement is true, does the most logical approach to apprehending a burglar involve storming a social club as if it’s a military raid? It’s ludicrous to expect that everyone will immediately become quiet and complacent as armed police storm suddenly into the building.



In fact, that would be disturbing as it would indicate an entirely submissive population.


There is no escaping the fact that cops created this situation, and it will sow more fear, anger and distrust among the community which cops are supposed to “protect and serve.” Fortunately, no one was killed or seriously injured, from what we know, but that could have easily happened with Tasers, riot guns and the excessive force used.


The department says an investigation is ongoing, but we know there’s a very good chance they will find they did nothing wrong. It’s all too easy to create the narrative that the patrons’ actions justified the violent response, and most media will simply echo this without question.


This kind of disturbing assault on innocent people—who are supposedly protected by constitutional rights—cannot be allowed to be normalized. Please share this video so we can continue to expose the ever-encroaching police state.




Tuesday, July 4, 2017

States Across the US Celebrate ‘Freedom’ This 4th, with “No Refusal” DUI/Blood Draw Checkpoints

checkpoints


If you’re thinking about celebrating the 4th of July, Independence Day, by having a beer or a glass of wine, you won’t be alone. But you better think twice before driving, because all across the country police will be enforcing so-called “No-refusal” DUI checkpoints.


In the land of the free, police departments — from sea to shining sea — are announcing forced blood draws, no-refusal checkpoints, and ‘papers please’ or driver’s license checkpoints to ‘keep citizens safe’ this fourth of July.


Multiple states now have policies in action where drinking and driving can get your blood drawn by force — for a misdemeanor.


In spite of their increased presence over the last decade, DUI checkpoints and Soviet-style roadblocks have not proven to significantly decrease DUIs. However, low cost, free enterprise solutions are showing real results. Rideshare services such as Uber and Lyft are always a better option for folks who live in areas with ‘vampire cops’ and who want to leave home for some boozing.


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Florida-based Henderson Law described their state’s practice. In a statement, they detail how someone who wishes not to participate in a breathalyzer or field sobriety test can find themselves in hot water with the law.



Normally, drivers have the right to refuse a breathalyzer or blood test, requiring police officers to obtain a warrant for this test. In Florida, refusal to take a roadside breathalyzer test will trigger an automatic one year suspension of your license. But at these checkpoints, judges are either on-site or on-call, giving police the ability to quickly obtain a warrant and compel a blood sample test.



Texas will have no-refusal DUI checkpoints set up to catch Americans drinking and driving. And while at a normal DUI checkpoint one can refuse to complete sobriety tests, in Texas a judge will be on site and issue a warrant for someone suspected of drunk driving to have their blood drawn.



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Well over 100 Americans will lose their lives over the 4th of July weekend, according to published statistics, which may lead some to accept the forced blood letting of suspected drunk drivers. But to civil libertarians, the impermissible taking of one’s blood violates the U.S. Constitution’s 4th Amendment barring unreasonable searches and seizures. Aside from the constitutional atrocity that



Aside from the constitutional atrocity that forced blood draws present, it’s also an Orwellian nightmare. Anyone who’s ever seen videos, like the one below, most likely thinks of Nazi Germany torture as they watch multiple officers strap unwilling participants down to hospital beds for forced medical procedures.


Attorney Gregory P. Isaacs addressed the conundrum Tennessee residents are in.  He addressed the law allowing for the no-refusal DUI checkpoints.



Any time government is allowed to commit a seizure of your body and withdraw evidence prior to being arrested for a crime opens the door for a lot of issues…This law really opens Pandora’s box on virtually every DUI stop and weakens all of our fundamental freedoms.



And in Oregon, there’s a monetary price to pay for refusing to take a field sobriety or a breathalyzer test. “The penalties for your first refusal begin with a fine from $500 to $1,000 and a suspension of your license for one year. For your second or any subsequent refusal within five years, you have to pay the same fine and your suspension will last for three years,” according to published driving laws.



In other words, immediately refusing a police officer’s request to submit to an alcohol test results in the immediate loss of one’s license. Along with losing the license, a hefty fine will be levied. If you refuse a second time, your license to drive can be taken away from you for three more years.



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And just if you’re thinking of calling rideshare to come take you and your loved ones home after a night of drinking, be very careful. One of our field reporters interviewed a woman today who said her son, after a night of getting hammered, remembered he had left his cell phone in his car.


He went to his car to retrieve it. While inside his vehicle he called for a Lyft (rideshare). As he was sitting in his vehicle, waiting for his ride, Phoenix, AZ police approached him and gave him a DUI for sitting in his car while drunk.


To all our readers out there, make plans to stay safe on July 4th. It’s better to leave one’s car overnight in a parking lot than create a victim of your irresponsible driving or fall victim to the state’s forced medical procedures. But, don’t take our word for it, watch it in action for yourself.


Monday, May 22, 2017

State Supreme Court Justice Just Called for the Release of All Those in Prison for Cannabis

judge



Amid the seemingly constant bad news about rising international tensions and the crushing police/surveillance state at home, one bright spot remains. Cannabis decriminalization keeps on sweeping the U.S. – as, according to polls, almost no one believes cannabis should be illegal.


It is well known that the war on drugs serves no purpose but to enrich and empower the police state and the corporatocracy. On the other hand, cannabis legalization has provided tremendous benefits to the people.


Medical cannabis is proving to successfully treat an ever-growing number of physical and mental ailments, without the side harmful side-effects of pharmaceutical products. While it is not a panacea, medical cannabis is giving life to children where before they were expected to die, allowing children to finally stop having debilitating seizures, and allowing war veterans to find treatment for PTSD where none other exists, to name just a few.


Freedom is even greater in the eight states that have legalized recreational cannabis use. If this weren’t enough, legal pot is providing incredible economic boosts, such as in Colorado where the cannabis industry is boosting the economy more than any other industry.


More and more of those in government are getting it, and they’re not afraid to speak out or even act in the noblest of manners, such as Georgia Rep. Allen Peake who skirts the law to distribute Colorado medical cannabis to suffering children in his state.



Add Ohio Supreme Court Justice William O’Neill to the list. In a recent speech, the enlightened judge said cannabis should be legalized and all non-violent cannabis offenders should be released from jail.



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The time has come for new thinking,” O’Neill said. “We regulate and tax alcohol and tobacco and imprison people for smoking grass.


O’Neill says legalization and prisoner release would generate $350 million that would be used to treat drug addiction instead of criminalizing it, as well as create a mental health network to combat addiction.


“Treat addiction like the disease it is in the name of compassion,” he said.


O’Neill is pondering a run for Ohio governor, but won’t make a decision until the end of the year. Even if he doesn’t run, his remarks inject some much-needed substance into the race, and should spur the candidates to put their positions on the record.


Ohio legalized medical pot in Sept. 2016, although legal sales won’t begin for at least a year. Ohio will have dispensaries and cultivation centers to provide medical products for a host of qualifying conditions.


O’Neill’s call to legalize all cannabis use, like alcohol and tobacco, and release non-violent cannabis “offenders” is a natural progression in rational thought. As far as drugs go, we know that alcohol and tobacco use kills hundreds of thousands of people every year, while no one has ever been known to die from the use of cannabis.


How can the State logically defend the legal status of more dangerous drugs (with little to no medical benefit) while a harmless, medically beneficial one is illegal? If there is no rational basis, and cannabis was completely legalized, then it follows that there is no rational basis for holding non-violent users and sellers of a natural plant in jail.



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Pretty simple, but too many politicians still cling to the injustice of prohibition, even though we know the drug war was started to oppress minorities and suppress political dissent. They continue supporting the War on Drugs even though it has not achieved any of its stated goals, after five decades and $1 trillion being spent.



If Justice O’Neill ends up running for governor, his chances will certainly be boosted by calling for the freedom and economic boost that is legal cannabis.

Monday, May 8, 2017

Colossal Pedophile Ring Busted, 900 Arrests, 300 Kids Saved — Corporate Media Ignores It

children



Washington, D.C. – After a nearly two-year investigation, 870 suspected pedophiles have been arrested across the world, and least 259 sexually abused children have been identified in the wake of major underground online global pedophilia network being taken down, according to the FBI and European authorities.


The Federal Bureau of Investigation (FBI) and Europol announced the arrests on Friday, only days after a court sentenced Florida-based Steven Chase, founder of the so-called Playpen pedophilia network, to 30 years in prison.


The arrest of Chase in December 2014 was the impetus for a global probe into the users of the members-only forum, which culminated in the nearly 900 arrests.


Unsurprisingly, this massive pedophile bust has failed to crack the pervasive US media censorship regime, as not a single mainstream corporate media source in the United States has reported on this story. Perhaps, within those 900 sickos, there are some folks who have enough power not to let their names out.


According to a report by German media conglomerate, Deutsche Welle:



Playpen was accessible in what is known as the “darknet,” where internet users can engage in illegal activities using encryption and anonymity software in an effort to hide their identities. The secret network allowed anonymous users to engage in a forum where they could share photos and videos showing the sexual abuse of children.


As part of its investigation, called “Operation Pacifier,” the FBI managed to use to malware to seize the Playpen website and server, which allowed authorities to track and identify Playpen users.



Law enforcement authorities then took over the network and operated the pedophile site for several weeks – technically making them facilitators of child pornography themselves — hacking and tracking users of the site by installing malware onto their computers.


And while virtually everyone applauds the arrest of pedophiles, civil libertarians have pushed back as to the legality and manner in which the FBI operated, rightly claiming that a single search warrant should not allow law enforcement to hack into and search over 1,000 computers, according to comments made by the Electronic Frontier Foundation (EFF) regarding “Operation Pacifier.”


“The warrant here did not identify any particular person to search or seize. Nor did it identify any specific user of the targeted website,” the EFF said. “It did not even attempt to describe any series or group of particular users.”


In a statement Friday, Steven Wilson, head of Europol’s European Cybercrime Center, said the case demonstrated how law enforcement needs to use such methods to fight criminals who can hide behind online anonymization and encryption programs.



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“We need to balance the rights of victims versus the right to privacy,” he said. “If we operate by 19th century legal principles then we are unable to effectively tackle crime at the highest level.”



Essentially, Wilson is trying to claim there is virtue in giving up liberty for safety – a complete and utter fallacy of the highest order – but which underpins the rise of the ever-growing global police state that is built upon a framework of an unflinching military-intelligence-industrial complex with imperial ambitions.


Make no mistake that this is just the latest case to emerge in what is now being dubbed #PedoGate. #PedoGate refers to the increasingly common recognition of international pedophile rings, which has previously been steadfastly covered up by the western fourth estate.


Speaking to the scope of the problem, after President Trump held a press conference in February, in which he detailed his plans to go after the victims of the “human trafficking epidemic,” former U.S. Congresswoman Cynthia McKinney weighed in on the subject, noting that going after child predators will lead to the downfall of both Republicans and Democrats in the United States — as this problem goes all the way to the top.




As the Free Thought Project has consistently pointed out, pedophilia among the global power-elite is rampant.


In February, the Free Thought Project reported that the police chief recently came forward and confirmed that the former Prime Minister of England, Sir Edward Heath, had raped dozens of children. The department also noted how those within the government helped cover up these crimes.


We previously reported on the high-profile elite pedophilia scandal that gripped the U.K. – with its thousands of victims – being unceremoniously swept under the rug, which is indicative of the scope and breadth of the actual problem. In fact, the problem is so rampant in England that officials issued an order last month to stop naming streets and landmarks after local heroes and politicians because they could later be exposed as pedophiles.



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In the case of the U.K. Inquiry, historical abuse of thousands of children by politically connected elites, celebrities, and politicians was brought to light — with an official inquiry being started — only to have the inquiry “crumble” after heavy pressure was exerted by highly placed power brokers within the U.K. establishment.


This was almost the exact same scenario as what took place in the United States in what became known as the Franklin child sex ring coverup — which involved high-level Republicans during the George H.W. Bush administration. Once the FBI took over the investigation from state authorities, it turned into a witch hunt to persecute the child victims – going so far as to charge them with perjury in a successful attempt to scare the other 70+ victims to recant their testimony regarding the child sex ring.



While the story received a small measure of newspaper coverage, there was a complete blackout of the scandal by the mass media, thus most Americans have never heard about this scandal that reached all the way to the White House.


Domestically, there are relatively few high-level arrests, as anytime ‘the elite’ are mentioned alongside the term ‘pedophile,’ the Praetorian guard, aka the corporate media, shout down all those who dare pose any questions about those in power abusing the most vulnerable among us.


For example, former U.S. Speaker of the House of Representatives, Dennis Hastert, a known serial child rapist, was never charged for his numerous crimes against children, which the FBI knew about, and had evidence of, for over a decade.


According to FBI whistleblower and Newsbud Editor-in-Chief, Sibel Edmonds:



Since 1996 the FBI has had tons of information on Hastert which was gathered in Chicago by the FBI’s Chicago Field Office. The incriminating criminal evidence in those files range from bribery, extortion, fraud, money laundering and embezzlement, to sexual crimes against minors and participation in foreign-operated drug operations.


Since 1997 the FBI has had much hard evidence on Hastert gathered by the FBI’s Washington Field Office. The documented deeds range from espionage to foreign bribery.


But that’s not all. The FBI also has had hard data on Hastert’s sexual violations outside the United States. The involved countries include Vietnam, Thailand, Turkey and Morocco, among others. This also included sexual favors as means of foreign bribery. Interestingly, the CIA had been documenting those sexual activities for many years, and not only on Hastert but on many others; elected and appointed.



Edmonds has noted that the intelligence apparatus utilizes the damning information they maintain on these public officials’ pedophilic activities as a means controlling public policy decisions from the shadows. The fact that Hastert rose to Speaker of the House, when it his activities were well documented by the FBI and CIA highlights precisely to how intelligence services utilize total information awareness to influence and control elected officials.



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Additionally, NSA whistleblower Russell Tice, who was a key source in the 2005 New York Times report, which blew the lid off the Bush administration’s use of warrantless wiretapping, has publicly confirmed the targeting – and blackmailing – of top government officials and military officers, including Supreme Court Justices, highly-ranked generals, Colin Powell and other State Department personnel.


In an appearance on Edmond’s Boiling Frogs Post blog, Tice stated that he held NSA wiretap orders targeting numerous members of the U.S. government, including one for a young senator from Illinois named Barack Obama.


“In the summer of 2004, one of the papers that I held in my hand was to wiretap a bunch of numbers associated with a forty-some-year-old senator from Illinois. You wouldn’t happen to know where that guy lives now would you? It’s a big White House in Washington D.C. That’s who the NSA went after. That’s the President of the United States now.”


Tice added that he also saw orders to spy on Hillary Clinton, Senators John McCain and Diane Feinstein, then-Secretary of State Colin Powell, Gen. David Petraeus, and a current Supreme Court Justice.


How much information on pedophilia and child pornography does the deep state have on all these politicians like they had on Hastert? Is it not possible, indeed, likely, that the shadow state maintains this information on individuals for the sole purpose of controlling them?



Make no mistake that illegal spying and wholesale collection of American data allows for that very control system whereby the elected officials, who appear to be in control of our state apparatus, are nothing more than a puppets who are blackmailed over their depraved pasts and bribed by the unelected power centers that pull the strings from the shadows.

Tuesday, April 11, 2017

DEA Just Admitted It Lets Drugs Into Communities & Pushes Them on Citizens

DEA



When Richard Nixon decided to bring the War on Drugs into full force, he signed Reorganization Plan No. 2, in 1973, which established the Drug Enforcement Administration (DEA). For decades, the DEA has carried out a war on people as it enforces the senseless, unjust prohibition of arbitrary substances.


Government ruins countless lives – locking people in cages for years or life, tearing apart families – for victimless “crimes” such as possessing cannabis or other “illicit” drugs. In a glaring example of hypocirsy, however, the DEA is teaching Americans a telling lesson —you’re not supposed to sell or possess substances that are deemed illegal by the State – unless you work for the State.


In a recent House Judiciary Committee Hearing, the DEA’s acting director, Chuck Rosenberg, was caught off-guard by a question and tacitly admitted that his agency sells drugs and lets drugs flow into communities. The ostensible purpose is to catch bigger drug dealers, but Rosenberg could not even summon the typical bureaucratic doublespeak to address the issue.



Louisiana Rep. Cedric L. Richmond was questioning Rosenberg at the hearing.



RICHMOND: This committee held many hearings, and was furious about the Fast and Furious program. At least from my knowledge of DEA and other drug agencies, oftentimes part of a bigger sting is letting transactions and other things go through. Now, it’s a very specific question. In DEA’s past, present, future, any times do you let drugs hit communities to get the bigger fish?


ROSENBERG: We’re not supposed to – no, sir.


RICHMOND: Okay. Are you aware of any instances where it may happen?



ROSENBERG: I’ll have to check and get back to you on that.



Rosenberg’s first answer is, “We’re not supposed to – no, sir.” However, this does not change the reality of the situation that DEA lets drugs flow into communities and actually sells drugs. Rosenberg didn’t deny it, because denying it would amount to lying.



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As the Washington Post notes, DEA trafficks drugs through undercover agents and they use of confidential informants.


DEA catches small-time drug users or sellers and threatens jail and other punishments, unless the subject agrees to work for the government to catch other people. The DEA then has the frightened subjects engage in “otherwise illegal activity,” having them pose as buyers or sellers of drugs.


DEA is “trafficking in what would be considered as large quantities of controlled substances,” as a 2015 Dept. of Justice Inspector General report noted. That report also stated: “These inadequate DEA policies and procedures related to OIA greatly increase the risk to the DEA, the U.S. government, and the public from the involvement of DEA confidential sources in OIA.”


Indeed, the threat to the public is well documented, as some of those coerced into becoming informants end up murdered. In one heartbreaking case, Rachel Hoffman – a young college graduate whose “crime” was smoking pot – was shot and killed after cops coerced her into going undercover for a large drug deal.


No one really knows the scale of DEA drug trafficking, as the agency does not release this information, but outside experts say the DEA sells drugs on a routine basis.


Even more infuriating is the fact that DEA and law enforcement lets drugs flow into communities for the sole purpose of seizing cash and assets under the insidious practice of civil asset forfeiture, or policing for profit. As we reported on March 30, the DEA has stolen $3.2 billion over the past decade – from people never charged with a crime. Drug task forces work the highways where they know cash travels, instead of the actual drug routes.



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“We are deliberately letting the drugs get to their final destination, get sold, get used, and in some cases letting someone die of an overdose,” said Brady Henderson of the ACLU.


So let’s get this straight. The DEA, tasked with enforcing federal government’s prohibition on drugs, is actually trafficking large quantities of drugs for the ostensible purpose of catching bigger drug dealers, or just to steal cash from people. After decades of the miserable drug war, drugs and drug use are still as prevalent as ever, so the war on drugs clearly is not working.


But the DEA still funnels large quantities of drugs into communities, even though their success rate at combating drug use is ZERO as drug overdoses are at an all time high. What, then, could possibly be the rationale for continuing?


The thrill of exerting power over the populace is one answer. Continuing the oppression of minorities and dissenters is another. The billions of dollars stolen from innocent people is surely an incentive to continue. Protecting the profits of Big Pharma is another answer to this puzzling irrationality.


The DEA was recently caught deliberately slowing its investigations into the makers of prescription opioid manufacturers, which constitute the biggest and most deadly drug dealers in the nation. The DEA’s first case against an opioid maker faltered, resulting in a laughable $35 million fine against the company.


Exhibit A of DEA’s astounding level of ignorance and injustice is their maintaining of cannabis as a Schedule 1 drug with “no accepted medical benefit.” Even as most U.S. states have recognized the amazing power of cannabis to heal a variety of ailments, DEA somehow remains in a state of total denial.



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The War on Drugs is a war on people. The DEA not only ruins lives by enforcing unjust prohibition, but it’s also neck deep in perpetuating the black market.

Tuesday, April 4, 2017

Cops Forced to Apologize, Give Back Pot After Raiding Man’s Home Over His Medicine

medicine



In the sad saga of the War on Drugs, police carry out countless raids on the homes of people who’ve committed victimless “crimes” of possessing substances deemed illegal by the State. So the rare times this injustice can be flung back in the face of authorities, it’s cause for celebration.


An Ohio medical cannabis patient was able to do just that by utilizing a provision in Ohio law called Affirmative Defense. According to Ohio Cannabis News, the man had just flown home from Colorado, and for some reason the TSA – that useless, rights-violating federal agency – tipped off local police on the suspicion that the man was doing something wrong.




By the next morning, local police had secured a warrant to raid the man’s home, but they were in for a surprise.



“The patient’s home was then raided, but authorities only discovered 5 grams of concentrate.  The patient’s attorney arrived to explain that his client was within the bounds of Ohio law, as said patient has a qualifying condition and a doctor’s recommendation using the Ohio Patients Network Form that we have listed below.


The medication was then given back with an apology, along with immunity from further prosecution, related to this case.”



Ohio cops almost got their chance to throw this hardened criminal into a cage for having five grams of cannabis concentrate, but they were no match for informed citizens utilizing a new legal defense.



On September 8, 2016, Ohio lawmakers extended what is known as Affirmative Defense to medical cannabis patients. This is a general term that allows for a person to be excused from criminal charges, such as a case where a person strikes and injured another in self-defense.



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It is illegal in Ohio to possess cannabis or paraphernalia, but now, with the right paperwork, Ohio residents can in certain situations assert Affirmative Defense by claiming they are in compliance with the state’s medical cannabis law.


According to the Marijuana Policy Project:



“There are several requirements that must be established for a person to prove the affirmative defense. The key requirement is a written statement from a doctor who has received a certification to recommend medical marijuana from the medical board. The written statement must show that:





  • The patient has a condition listed in the state’s medical marijuana law,






  • The patient and the doctor have a bona fide physician-patient relationship,







  • The physician informed the patient of the risks and benefits of medical marijuana, and






  • The physician indicated that the benefits of medical marijuana use outweigh the risks.





The doctor must also obtain a report from the state drug database showing any other drugs prescribed to the patient in the past 12 months, and patients may only use medical marijuana in an approved form. Finally, patients may possess no more than a 90-day supply of cannabis, which is not defined under the law.”



Fortunately, the Ohio man targeted by TSA and local cops was ahead of the game, and his attorney was ready to come to his client’s defense on the spot.


Ohio Cannabis News said the process of using the Ohio Patient’s Network recommendation form was not easy for the patient, but it nevertheless prevented the state from turning him into a criminal. They also caution that this will not work in every case scenario.



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Slowly but surely, states across the country – even staunchly prohibitionist ones like Georgia, Tennessee and West Virginia – are acknowledging the healing powers of cannabis and are taking steps to decriminalize its medical use.



Recent polls shows that almost 90 percent of Americans support medical cannabis, and 54 percent support full legalization. The cruelty of the drug war is exposed. It’s time for all cops, everywhere, to stop locking people in a cage for using a plant.

Thursday, March 30, 2017

Gang of Thieves: DEA Stole $3.2 Billion in Cash From Innocent People in Only a Decade

DEA


A bombshell report from the Inspector General (IG) at the Department of Justice has exposed the Drug Enforcement Administration (DEA) for the colossal thieves they are. According to the report, DEA seized more than $4 billion in cash from people since 2007, but $3.2 billion of the seizures were never connected to any criminal charges. That figure does not even include the seizure of cars and electronics.


This thievery is possible through the insidious practice of civil asset forfeiture (CAF), where law enforcement can seize cash and property on the mere suspicion of being involved in criminal activity. Originally developed in the 1980s to go after organized crime, CAF has mushroomed into a source of revenue for cops across the country – from local to state to federal – in what’s become known as Policing for Profit.


When an innocent person’s cash is stolen by DEA, that person must petition to get it back, meaning the burden of proof (and the burden of time and expense) is on the unlucky victim who never did anything wrong in the first place. In fact, “forfeiture proceedings start from the presumption of guilt.


It’s a clever scheme, and DEA knows it. The IG found that petitions were filed in only 20 percent of DEA cash seizures. As Reason Magazine points out, the IG report highlights just how arbitrary these seizures can be.



“We found that different task force officers made different decisions in similar situations when deciding whether to seize all of the cash discovered,” the Inspector General wrote. “These differences demonstrate how seizure decisions can appear arbitrary, which should be a concern for the Department, both because of potentially improper conduct and because even the appearance of arbitrary decision-making in asset seizure can fuel public perception that law enforcement is not using this authority legitimately, thereby undermining public confidence in law enforcement.”



The case of a man traveling at an airport with $27,000 is a prime example of how DEA can just take the cash on a whim, without even bothering to pretend it has to do with criminal activity.



“When a task force officer explained that the U.S. currency in the bag was going to be seized pending further investigation, the passenger asked whether he could keep some of the currency to travel home. The passenger asserted that all of the currency in the bag was his, and the task force officers allowed him to retain $1,000. This seizure resulted in an administrative forfeiture of $27,000 to the U.S. government, and the DEA explained to the OIG that, other than the events surrounding the seizure, there was no subsequent investigative activity or additional law enforcement benefit.”



Reason Magainze sums it up perfectly.



“If the DEA task force agents thought that man’s cash was connected to drug activity, why allow him to keep some of it? If they weren’t sure, why take it in the first place? The answer, of course, is there is no logical or legal rationale for this sequence of events.”



Indeed, most of the DEA’s cash seizures don’t relate to any criminal investigation, and 82 percent of the cases reviewed by the IG were settled without any judicial review. The DEA focuses on airports, train stations and bus terminals, relying on travel records and a host of confidential informants to target people they believe will have lots of cash.



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DEA gives itself wide latitude to pin you as a suspect for detainment and search. Woe to those “traveling to or from a known source city for drug trafficking, purchasing a ticket within 24 hours of travel, purchasing a ticket for a long flight with an immediate return, purchasing a one-way ticket, and traveling without checked luggage.”


The IG concludes that DEA is posing great risks to civil liberties by continuing the practices highlighted in its report.



‘‘When seizure and administrative forfeitures do not ultimately advance an investigation or prosecution, law enforcement creates the appearance, and risks the reality, that it is more interested in seizing and forfeiting cash than advancing an investigation or prosecution.’’



The IG states that “risks to civil liberties are particularly significant when seizures that do not advance or relate to an investigation are conducted without a court-issued seizure warrant, the presence of illicit narcotics, or subsequent judicial involvement prior to administrative forfeiture.”


The threat to civil liberties posed by CAF is being recognized more and more, as states continue to abolish the practice by requiring a criminal conviction before cash and assets can be seized. But the federal government is a primary reason why CAF still runs rampant, through the euphemistically named Equitable Sharing Fund where the stolen loot (amounting to $28 billion over the last decade) is shared by federal and state drug task forces.


These findings fundamentally undercut law enforcement’s claim that civil forfeiture is a vital crime-fighting tool. Americans are already outraged at the Justice Department’s aggressive use of civil forfeiture, which has mushroomed into a multibillion dollar program in the last decade. This report only further confirms what we have been saying all along: Forfeiture laws create perverse financial incentives to seize property without judicial oversight and violate due process.


This report is one more illustration that the only solution to resolving these issues is to end the use of civil forfeiture once and for all. – The Institute for Justice

Tuesday, March 28, 2017

DUI Checkpoints Now Include Mouth Swabs that Can Tell If You Smoked Pot Days Ago

San Diego, CA – On St. Patrick’s Day, California’s southernmost metropolis decided to debut a roadside test for those suspected of driving under the influence of cannabis. Several “sobriety checkpoints” were set up throughout the city with the standard invasions of privacy, but this time they added a mouth swab test known as the Drager 5000.


If a cop suspects a driver of being high, they request that he or she take the mouth swab test, and perhaps a field sobriety test as well. They’re trying to gather evidence to incriminate you, although the mouth swab test is not mandatory.



The Drager 5000, already in use in other countries and cities such as Los Angeles and New York, detects the presence of various substances, including THC, the psychoactive ingredient in cannabis. The problem is, this test has absolutely zero ability to test actual impairment or level of intoxication.


But a positive reading can give cops the excuse for the more invasive procedure of a blood test. According to The San Diego Union-Tribune:



“Officers trained to recognize the symptoms of drug impairment will first look for various indicators that a driver is high, from an unsafe driving maneuver to bloodshot eyes to the odor of marijuana to blank stares, San Diego police Officer Emilio Ramirez said. Once there is ample suspicion of drug use, the officer can then request to perform field sobriety tests or for a driver to take the Dräger 5000 test.



If the driver refuses at that point, the officer can force the person to submit to a blood test.




To use the machine, the driver is handed a mouth swab and instructed to run it around the inside of the mouth for up to four minutes. The swab is then placed into the machine, along with a vial of testing solution, and the machine does its work. It takes about six to eight minutes for results to print out on a receipt.



A positive result will likely send the driver to a police phlebotomist for a blood test to determine precise drug levels.”



Even a negative result could lead to a mandatory blood test if the officer still suspects impairment.




“If the mouth swab test is negative but the officer still has a suspicion of impairment, then a blood draw might still be mandated, because the Dräger 5000 only measures for seven kinds of narcotics, Ramirez said.”



And if you can’t make bail, you’ll be sitting in jail for weeks or months awaiting the blood test results. For many people, this would mean being fired from their job, or being ripped away from their family, or some other life-altering repercussion – all because a cop invaded your privacy at an unconstitutional roadblock.



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The Drager 5000 can give positive results for THC even if the person did not even use cannabis that day. If it’s legal to use cannabis – as in California – and the swab test can detect THC from days prior, there is absolutely no rationale for deploying the machine. Despite the fact that someone can be perfectly sober and still test positive, this “evidence” is admissible in court.


San Diego Police Chief Shelley Zimmerman played on fears over legalization to justify their fancy new $6,000 machines, saying, “It’s a huge concern of ours with the legalization of marijuana that we’re going to see an increase in impaired drugged driving.


The funny thing is, results from St. Patrick’s Day field sobriety checkpoints showed a decrease in the number of DUI arrests. At one checkpoint, six people were arrested, down from nearly a dozen the year before.


One person was going to submit to the mouth swab test for cannabis, but the ordeal gave him an anxiety attack that required medical attention. The cops went ahead and arrested him for DUI afterward.


We did have one person, who was going to submit a test, but unfortunately had some sort of anxiety attack in secondary to the point where we actually had to get medical attention for him and then later arrested him for DUI,” said Officer Mark McCollough.



Clearly, the Drager 5000 mouth swab test serves no actual purpose in addressing impaired driving but is just another tool of the police state being rationalized by the legalization of cannabis.