Court Says Cops Can't Use Checkpoints to
Check for Everything
Wednesday,
February 2, 2000
BY RAY RIVERA
THE SALT LAKE TRIBUNE
Sweeping, dragnet-style traffic checkpoints violate constitutional
protections against unreasonable search and seizure, as well as a
motorist's right to privacy, the Utah Supreme Court ruled Tuesday.
The court left intact the checkpoint law, but said police can only
inspect for specific violations directly related to road safety, such as
drunken driving.
Increasingly in recent years police have used traffic checkpoints to
inspect for a broad swath of violations, including insurance certificates,
seat belts and child restraints and vehicle equipment problems.
"Such unbridled discretion for officers is inherently unreasonable under
the Fourth Amendment [of the United States Constitution] and Article I,
Section 14 [of the Utah Constitution]," Associate Chief Justice Christine
Durham wrote for the 3-2 majority.
"When many legal violations are searched for, the purpose of the
checkpoint becomes less a highway safety measure and more a pretext to
stop all vehicles to search for any and all violations of the law."
The ruling does not apply to emergency roadblocks such as those set
up to catch fleeing felons. Nor would it apply when there is specific cause
for suspicion, such as illegal immigration near the state's borders.
Police agencies were guarded in their comments Tuesday while their
attorneys review the opinion. But several agencies indicated the decision
could threaten public safety.
"A lot of good has been done with our checkpoints," said Capt. Neil
Porter of the Utah Highway Patrol. "We've taken a lot of drugs off the
highway, picked up a lot of stolen cars, and we've taken a lot of people
off the road that quite frankly you just don't want coming down the
highway at you."
The decision effectively reverses the conviction of Henry Thomas
DeBooy, a Colorado man who was charged with possessing a small
amount of hallucinogenic mushrooms after his BMW convertible was
searched at a checkpoint near Lake Powell in 1997. The court threw out
all evidence gathered against DeBooy at the checkpoint, ruling it was set
up for too broad a list of purposes, violating his protections against
unreasonable search and seizure.
Durham was joined by retiring justices Michael D. Zimmerman and I.
Daniel Stewart. Chief Justice Richard C. Howe and Justice Leonard
Russon are expected to release a dissenting opinion later this week.
DeBooy's attorney was jubilant. "This is exactly what I was hoping
for," said Rosalie Reilly of Monticello. "It means you don't lose your
Fourth Amendment protection just by getting in your car."
Officers became suspicious when they noticed DeBooy slow down
and pull toward the side of the road as he approached the checkpoint in
southern Utah. The officers testified that DeBooy then raised his hand
and threw something "very light" from the convertible. When they
inspected, all they found was a crinkled tissue. DeBooy said the wind
swept it from his hand, according to his attorney.
The officers then asked if they could "take a quick look in the vehicle."
They found the mushrooms in a backpack in the trunk.
The high court rejected Reilly's motion to declare the checkpoint law
unconstitutional. The justices said, however, that judges must strictly
follow the guidelines set within the law before approving police
applications to set up a checkpoint.
The law requires that checkpoints: "Minimize the length of time the
motorist will be delayed; minimize the intrusion of the inspection or
inquiry; minimize the fears and anxiety the motorist will experience; and
minimize the degree of discretion to be exercised by the individual
enforcement officers operating the checkpoint."
Congratulations... and Give Yourself a Pat on the Back!
-- Senate votes 68-29 against backdoor gun control
Gun Owners of America E-Mail/FAX Alert
8001 Forbes Place, Suite 102, Springfield, VA 22151
Phone: 703-321-8585 / FAX: 703-321-8408
(Wednesday, February 2, 2000) -- The Senate shot down another backdoor attempt at gun control today by a vote of 68-29. GOA Executive
Director Larry Pratt praised the Senate's decision and lauded gun owners for quickly answering yesterday's call to action.
"Last night, GOA issued an emergency alert to activists nationwide," Pratt said. "And based on the grassroots responses that we have received
today, many of you took immediate action.
"Thank you very much. We are truly grateful for the activism of our members and supporters."
The Senate voted around 1:00 P.M. (EST) on the Levin amendment -- a proposal that would have taken a major step toward putting the gun industry
out of business.
But by a vote of 68-29, Senators ditched the agenda that was being so vigorously pursued by anti-gun Senators Carl Levin (D-MI) and Chuck
Schumer (D-NY).
The Levin amendment would have clearly helped those cities that are bringing frivolous lawsuits against the gun industry. The amendment provides
that, if a judge entered an enormous judgment against a firearms manufacturer or dealer, such businesses could not avoid the judgment by declaring
bankruptcy, even if the judgment massively exceeded the total assets of the manufacturer or dealer.
As pointed out in yesterday's alert, the purpose of the Levin amendment is "to ensure, even if the gun industry is successful in defeating 29 out of 30
politically motivated suits, that a single substantial loss can destroy every major American firearms manufacturer -- and ruin the lives of the owners
and managers. No one should assume that firearms will continue to be made or sold if this occurs." Virtually no other American industry is singled
out for punishment in this way.
SPECIAL NOTES:
1.Many of you are new to GOA's fax and email list. While we typically try to warn activists well before a vote, the nature of legislation is such
that is not always possible to do so. Thank you for your patience.
2.On the good news side, the vast majority of people on this list should have received their alert well before the actual vote took place this
afternoon.
Who Were The Bad Guys?
The following Senators voted for backdoor gun control:
Akaka
Hollings
Murray
Biden
Inouye
Reed
Boxer
Johnson
Reid
Chafee
Kennedy
Rockefeller
Cleland
Kerry
Sarbanes
Daschle
Kohl
Schumer
Durbin
Lautenberg
Torricelli
Feinstein
Levin
Wellstone
Graham
Mikulski
Wyden
Harkin
Moynihan
Program to sterilize LV
women
The controversial CRACK proposes to offer
money for sterilization to valley women
addicted to drugs or alcohol.
By Chuck Nowlen
Review-Journal
Despite harsh criticism from the local NAACP, a
California-based group plans to set up shop in Las
Vegas this week, offering $200 to any drug- or
alcohol-addicted woman who agrees to be sterilized.
Barbara Harris, founder of Children Requiring A
Caring Kommunity, or CRACK, said the payments also
will be made to addicted women who go on long-term
birth control such as Norplant, Depo-Provera or
intrauterine devices.
Details of the local program are scheduled to be
unveiled at a news conference Friday. Las Vegas
women who have taken up CRACK on its offer also
will speak, Harris said.
"Our program has one goal: preventing unwanted
pregnancies that are doomed to abortion or that result in
babies born HIV-positive, disabled, stillborn,
drug-addicted or dumped by their mothers," said Harris,
who founded CRACK in 1994 in Orange County.
"Simply put, we want to prevent repeat pregnancies in
women who are addicted to drugs or alcohol."
Harris, who said her organization is financed entirely
by donations -- including one from syndicated advice
guru Laura Schlessinger -- added she is unfazed that
CRACK's Las Vegas debut was postponed in October
after a billboard company, Outdoor Systems
Advertising, pulled graphic ads for the group.
The ads -- which featured a photograph of a
2-pound "drug baby" -- were removed from billboards
on Smoke Ranch Road at Rainbow Boulevard and
Desert Inn Road at Valley View Boulevard after citizens
complained.
Harris vowed to arrange replacements through
another company.
"I think that, if anything, the public should be
offended by the problem, rather than the billboard," she
said.
Gene Collins, president of the local chapter of the
National Association for the Advancement of Colored
People, said he was deeply offended by CRACK's
approach, particularly the sterilization offer.
"The NAACP is totally against any sterilization. That
went on in the South years ago when they were trying to
control the African-American population," he said.
Collins added: "You also have to keep in mind that
drug addiction is a sickness. You don't have to deal with
it by getting women sterilized so they can no longer have
children. If you really want to help those people, get
them into treatment, give them the opportunity to redeem
themselves."
According to CRACK's Web site, 150 women
nationwide had received $200 payments as of Tuesday,
with 89 choosing sterilization, 20 opting for Norplant, 20
agreeing to Depo-Provera treatments and 13 choosing
IUDs.
Payments have been made in Arizona, California,
Florida, Illinois, Michigan, Minnesota, Nevada, New
Hampshire, Ohio, Oregon, Pennsylvania, Texas and
Washington .
J.J. Straight, spokeswoman for Planned Parenthood
of Southern Nevada, said her organization was
"basically neutral" on the CRACK program, but she
nonetheless urged caution among potential participants.
"There is a fine line between incentive and coercion,
and since some programs like this might involve options
that basically can't be reversed, we hope that these
women are getting all the relevant information they need
before taking the money," Straight added.
"We also know what works in combating unwanted
pregnancy, and that's responsible sex education. Giving
somebody $200 doesn't necessarily mean they'll
permanently change their behavior."
Date: Wednesday, February 2, 2000
TO: LEVI STRAUSS & COMPANY
Dear Donna:
Thank you for responding to my concerns about gun control and very
clearly stating that Levi Struass & Co. supports the anti-gun PAX
organization. Make no mistake---the real agenda behind so called
anti-violence organizations is the TOTAL disarming of Americans as is
being promoted by the United Nations for global governance. These
organizations hide their REAL agenda from the general public under the
guise of "We must protect the children" or other fancy phrases to gain
public support, even though that is not the REAL agenda for promoting
this movement.
The actions of Levi Strauss & Co. are prima faci evidence that Levi
Strauss & Co. is in full support of this aformentioned movement.
The issue of student violence goes much deeper than simply taking
liberty from all America and destroying the U.S. Constitution and
freedom. For instance, maybe in addition to students not being taught
responsibility in the new socialist teachings by public schools, you may
also want to investigate the connection of all violent student mental
disorders and the promoted drugs such as Ritlan.
I would submit to you that if all schools taught the proper use of
firearms, as some in Wisconsin do, and more importantly if schools
taught the CHARACTER BUILDING RESPONSIBILTY that goes along
with the use of a firearm, tragedies would not be as prevelent as today in
this society that is growing more and more mindless. I would also submit
to you that you have never heard of a student shooting up a class-room
who had attended these firearms classes, and being instructed in
responsibility. Maybe your efforts devoted to common sense solutions
would be put to better use if directed to promoting responsibility and
morality in public schools. You may be interested to know that I will be
printing out the foregoing communications between us and circulating
these communications to farmers that I speak to at sale barns or other
misc. gatherings of farmers or outdoors-men. I have already forwarded
your communications in response to my communications via e-mail and
these communications will be circulating extensively over the internet. I
plan to forward copies of our communications to numerous organizations
(such as the NRA) in the very near future.
Again, thank you for your making your agenda crystal clear in your
response to my concerns.
Very sincerely,
s/ Merle Schmidt
------
> From:
> Subject: RE: Public Relations Feedback (from Press Re
> Date: Tuesday, February 01, 2000 2:03 PM
>
> Dear Merle:
>
> Thank you for taking the time to write us. Customer feedback is
> very important to us and we appreciate you taking the time to
> express your opinions on this issue.
>
> PAX is a non-profit, anti-violence organization dedicated
> to the vision of a society free of gun violence. Levi Strauss
> & Co. supports PAX's goal to bring all Americans together
> to support common sense solutions to the gun violence
> epidemic.
>
> Levi Strauss & Co. believes all students should have
> the opportunity to learn in a safe environment, free of
> violence. Our support of PAX is not an effort to deny citizens
> their right to own guns, but rather to find effective ways to
> help put an end to gun violence among youth.
>
> We appreciate your taking the time to write us and to express your
> thoughts about this important issue. Your feedback is important to
> us and your opinions have been shared with senior management.
>
>
> Sincerely,
>
> Donna
> Levi Strauss & Co
> donhes1654437
Skipping Scotty
and the Exit
by JUDITH VINSON
As a Texan, I wouldn't want it generally known, but here in the Bible belt, we pray to
Scotty to "beam us up" nearly as often as we pray to the other Guy. The latter, of
course, doesn't allow us to make disparaging remarks about the intelligence of others.
There are those days, however, when "monumentally stupid" does cross our minds.
It was just such a recent day that we were moved to really bend Scotty's ear. Jack
Harwell, the former sheriff of McClennen County, Texas, was giving Senator John
Danforth a guided tour of Mt. Carmel just outside Waco. Senator Danforth, of
course, is the Episcopal priest and former senator from Missouri chosen by Attorney
General Janet Reno to head a commission to "investigate" the events at Waco. That
alone was enough for some of us to just forget Scotty and head for the nearest exit.
We wondered if "Saint John," as he is called in the Senate, had any idea he was
dealing with neo-Roman centurions here. Their mentors were also pretty good at
feeding lions on a diet of his ilk, not to mention incorporating any number of their
"head honchos" into some rather interesting construction projects made of wood and
nails.
The tour consisted of a flight over the property and a later walk around the grounds.
Sheriff Harwell, in an interview that day, said he believed Senator Danforth, chosen to
head the commission, was a "good man," which was pretty scary in itself. The rule in
Texas being: If you really want to find out anything, or prevail, find the meanest, most
crooked lawyer in the state.
" If there's something there, he'll find it," Sheriff Harwell went on to say. He was
talking about a piece of real estate with all the attributes of a billiard ball: a
seven-year-old crime scene destroyed by the FBI and later bulldozed, scraped clean,
and hauled away by the Texas Water Commission after having it dumped in their lap
by the FBI.
The property, crime scene or no was deemed too polluted with lead and other toxic
materials to be inhabited by human beings. A comfort, no doubt, to the citizenry of
some poor, cash-strapped county in Louisiana, or Arkansas, who inherited yet
another mobile environmental nightmare to enhance their own real estate. They did
rest easy, I'm sure, knowing that Texas has no mandate to remove razor wire. That
was left to "do in" any number of tourists in the future.
It is suggested that the removal of everything there to a depth of 6 inches had more to
do with "out of sight, out of mind" than any serious concerns about water quality or
the future health and wellbeing of the Branch Davidians.
A year after the "cleanup," when some of the survivors tried to return to their property
after being released from jail, they were told by the Texas Water Commission that
they couldn't inhabit the property due to lead contamination. The applause from
Louisiana, Arkansas, or Wherever must have been deafening, inasmuch as they been
cheated out of the entire "nightmare" they had bargained for. In addition, the survivors
were told their six-hundred foot artesian well, which had been leveled by the tanks,
yet still capable of serving as many as twenty-five families, was due to be "concreted
in" inasmuch as they had "abandoned" the site for six months. (Are you there, Scotty?)
The only other water on the place was a six-acre lake whose dam was breached by
the tanks and which was drained to the level of a mud-hole. At the time the Branch
Davidians were merely trying to set up a memorial in the form of a grove of crepe
myrtle – one for each of the eighty-two that died there. In desperation, they decided
to use the water in the swimming pool for the purpose of irrigating the grove only to
be informed they couldn't use that either due to a great deal of fecal matter. When
asked how that could have occurred, they were informed that the Commission
needed to remove the water from the storm shelter that was used for refuse during the
siege. The roof was collapsed by the tanks causing it to take on rainwater, an ongoing
occurrence at the present time. Due to environmental laws they couldn't pump it into