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Showing posts from 2013

Ten basic things everyone should know when cops want to talk

Whether you're pulled over by police or have an encounter on the sidewalk, here are some essential tips on how to preserve your rights. I. It's insufficient to simply remain silent because police might construe that as uncooperative behavior. II. In order to preserve your constitutional rights, you should never consent to forfeiting them. III. By answering questions without the benefit of your lawyer, you are forfeiting your Fifth Amendment protection against self incrimination and undermining your Sixth Amendment right to counsel. IV. By consenting to searches, you forfeit whatever shred of Fourth Amendment protection against illegal search & seizure the Supreme Court hasn't yet eviscerated. V. To preserve your 4th, 5th & 6th Amendment rights, say out loud that you refuse to answer any questions without your lawyer, and that you do not consent to any searches. VI. A person’s refusal is insufficient cause for cops to suspect wrongdoing, which is th...

The cops have a plan for you

I've written about police encounters through the general advice of criminal defense attorneys and have shared a particular video that outlined one pretty important rule. You have the right to remain silent, so you should do it. The "Don't Talk to Cops" video was close to an hour. This lesson is not. I've found another excellent video that covers the same essential bases, but it's much more condensed, yet well articulated and laid out. It's by defense attorney Mary Griego. Her basic message is that police have a plan for you, and that's to make you an informant ... against yourself. Your task is to have a plan of your own ... hopefully before cops come calling. Instead of rehashing it in detail, I'll give you the recap version. When the cops come knocking, follow these steps to minimize the amount of evidence that is collected and used against you: Shut up! Please shut up! Stay shut up ... unless you're refusing consent, asking what y...

Rights are like soil; mitigate erosion or lose them

I watched a video about a DUI checkpoint where the driver refused to answer questions and some of the subsequent comments were scathing. “All you had to say was that you hadn’t been drinking.” “Dude, you had your kid in the car, so you should have just cooperated.” It disturbed me most to read some of those ignorant comments, so I made one of my own, thanking the person for posting the video. [ Watch the video ] Thank you, Corrie! In my opinion making an oath to the US Constitution means not conning or pressing people into forfeiting the very rights guaranteed by it, whether on a wholesale level such as this or individually. These suspicionless checkpoints are akin to the tactics British and Nazi officials used to use make people prove their innocence. It's startling to see how many people that comment here lack even a basic understanding of American civics and why the revolutionary war was fought. Because our freedom was paid for with human lives throughout American histo...

As we bicker with each other, we fail to notice the elephant in the room

I feel somewhat obsessed following some of the partisan bickering I encounter, although I can't say I have a stomach for it. It sounds like some of you on the right are just as ignorant as your counterparts on the left; you both either have your heads in the sand or have been programmed by your favorite flavor of crony capitalist-owned media, who apparently manage public opinion and subsequent dialog -- which I'm sure is just as the absentee crony capitalists want it. If they keep us fighting with each other, maybe we won't notice the elephant in the room. On one end of the economy they pay their workers inequitable wages and on the other they steer Washington by the nose ring on tax (and other) policy, ensuring that they keep the wealth and the power to themselves. All the while we in the cheap seats get squeezed at both ends. Look around. They don't live here. They're not your neighbors, they don't shop where you do, they don't go to your church, a...

Poverty creates no demand

Every year I have to unload on Walmart. It may be a sickness, but please bear with me just the same. The doctor says it’s therapeutic. When someone admits to you who they are on the inside, believe them. According to Walmart's own numbers, they employ 1,300,000 people across the country. By my math, a worker likely making under $13,000 per year needs to recognize that the fruits of his or her labor are padding the pockets of its owners to the tune of $13 billion in pure profit. Again, this is by Walmart's own admission. If you got out your calculator like I did, you probably figured out that $13 billion equates to an average of $10,000 per year skimmed from the pockets of each and every Walmart employee across this bountiful land. And these poor people are on welfare, which is, as you well know, an array of taxpayer-funded programs. While a manager gets to make a living wage – or at least today's median salary – which is $50,000, how do you suppose you'd feel as...

Police encounters and traffic stops

I'm not an attorney, so this article is merely a summary of what I've learned in the last five years researching a person's rights during police encounters. It's a common assumption that refusing to cooperate with police makes you look guilty, but there are three things you can say to an officer and he or she will recognize unequivocally that you're exercising rights guaranteed by the Constitution. Asserting your rights cannot give an officer justification to elevate an encounter from a consensual one to a seizure. Most people believe, as I do, that most cops are good. It's innate in most of us to want to cooperate with authorities. We want to be regarded as honest and helpful. And we believe demonstrating courteous behavior will result in the best possible outcome. We'll even thank an officer after being handed a $150 speeding ticket. But police officers are heavyweight fighters when it comes to citizen encounters and, believe me, you are no match for t...

Should Senator Grassley run again?

I've said this isn't about Senator Grassley, but about the senior ruling class and the culture of submission to capitalistic gluttony they cultivate. Continuing to say yes to rehiring our own Congressional delegation is hypocritical and irresponsible in the face of a 10% Congressional approval rating. Members value their posture over their positions and getting re-elected over integrity. It's now our civic duty to change the culture in Washington in every single district. We start by dismissing incumbents any way we can.

Don't Talk to Police

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It's often thought that the Fifth Amendment is something you invoke to cover guilt. In court, an innocent man will certainly take the stand in his own defense, right? After all, only someone who is guilty would choose not to take the stand. Chances are pretty good that you, too, believe this. But if you have an hour, I believe I'll convince you otherwise -- and possibly give you an eye-opening experience along the way. If you're innocent of a crime, there is no possible benefit in talking to the police. You may want to be regarded as cooperative and helpful, but in fact, only bad things can come of this choice. If at any point during the course of a long interview (interrogation, actually) it's discovered that you have broken any one of tens of thousands of laws, you've just set yourself up for prosecution and possible conviction -- and most certainly ruined your credibility with any jury. If you are guilty, you will certainly be convicted on statements and adm...

My 26-year-old police scanner

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This is a quick demonstration of my Realistic PRO-38 10-Channel Direct Entry Programmable Scanner. The activity you hear is traffic from Des Moines PD on Sept. 14, 2013. I bought this radio new 26 years ago from the Radio Shack at Crossroads Mall in Fort Dodge. It still works perfectly. Manufactured by Uniden and sold exclusively at Radio Shack, the Pro-38 was released on Sept. 22, 1987 and retailed for $139.95. From the catalog: Ten Channels and 10-Band Coverage 139.95 [NEW FOR 88] Low as $15 Per Month* Available Sept. 22, 1987 29-29.7 Mhz 10-Meter Ham 29.7-50 Mhz VHF-Lo Band 50-54 and 144-148 Mhz Ham 136-144 Military Mobile 148-174 Mhz VHF-Hi Band 406-420 Mhz Government 420-450 Mhz Ham Band 450-470 Mhz UHF-Lo Band 470-512 Mhz UHF-Hi ("T") Realistic Pro-38. High quality and extended coverage at a break-through low price! Features LCD channel display, review key to display frequencies, keyboard-lock switch, audible low-battery indicator. Built-in speaker,...

Cherry Oh-My Pie

8 oz pkg Kraft Philadelphia Cream Cheese 8 oz can Borden Eagle Brand Sweetened Condensed Milk 1/3 C ReaLemon Lemon Juice 1 t. Mccormick Pure Vanilla Extract 6-oz Keebler Ready Crust Graham Cracker Pie Crust 21 oz can Comstock More Fruit Cherry Pie Filling Beat one 8-oz package softened Philadelphia brand cream cheese until fluffy. Gradually add one can Eagle Brand Sweetened Condensed Milk until combined. Stir in 1/3 cup ReaLemon lemon juice and 1 teaspoon vanilla extract. Pour into a 6-oz prepared graham cracker pie crust. Cover and refrigerate for four hours. Top with a 21-oz can of pre-chilled cherry pie filling.

The letter that won't die.

An "open letter" writer apparently named "Jim" has lifted this , directly or indirectly, from a letter Kent Ashcroft actually wrote to Dr. Laura (ca 2000), which has been passed around and copied -- and sometimes claimed as columnists' own words -- for many years. The spiel was countered last year by Des Moines radio talk show host Jan Mickelson.

Iowa's Steve King moves to block California law

I'm trying to figure out how Rep. Steve King (R-Ia) rationalizes his position that Congress ought to stop California from setting higher standards for eggs sold in its state -- flying in the face of the idea that states' sovereign rights are to be preserved. It's the strangest thing. Well, California, acting well within its rights, enacted Proposition 2, the Prevention of Farm Animal Cruelty Act of 2008, which requires that certain farm animals, such as chickens, have room enough to stand, lie, turn and extend their limbs, that eggs sold in California are produced in this manner. Not all chickens, just hens, and I'm sure there are exemptions. California's not telling other states how treat hens, just to keep your stinking, tear-stained eggs out of California. The concept is really no different than how the US tells foreign manufacturers how they may not treat their factory workers if they wish to sell their goods in this country. Retailers largely support and pu...

Please learn how to shoot video

One of my biggest disappointments is watching a video I was lured into by a very interesting topic, but then annoyed by serious deficiencies in content, composure and quality. Please seek and accept a few pointers. Stop zooming! You destroy the context and framing of your shot when you zoom in and out, not to mention drive your audience nuts! Be smooth! You can't walk your camera around a subject with shaky hands and swift motions without making at least a few people nauseous. Fix your audio! Cheap, crumby camcorders in the hands of competition shooters are acceptable because they get audo. Bad audio ruins video always. It's too faint, competes with background noise, it's overtaken by a music bed or otherwise muddy or shrill. You'll do better when you treat the internal camcorder microphone as a...that's right, microphone ! That usually means the camcorder has to be within a foot or two of the subject in order for it to be effective. Please by a cheap tripod...

Christian group: Think you might be gay? Stay out of the Boy Scouts!

A group sponsored by the out-of-state National Christian Foundation of Tampa, Florida held a rally in Des Moines Friday in an effort to convince Iowa BSA delegates to vote to deny youth who think they might be gay from joining the religious organization. The ban on openly gay scout leaders will not be affected by the organizational referendum. Demonstrators for N.C.F. held placards in front of news cameras that read, "NO ON THE RESOLUTION - OnMyHonor.net." First of all, it's an ugly notion that a personal development group for American youth would ostracize and categorically oust one of its 8-year-old members after admitting to a mentor that he thinks he might be gay. How the hell does that work and how can it be rationalized? Fortunately Channel 13 was on the ground sniffing out the truth. They inform us that the Boy Scouts of America will be voting next week on whether to maintain the ban and produced an unnamed spokesperson for N.C.F. (possibly Scott Russel...

Digitus Impudicus: is flipping the bird illegal?

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I recently read a federal appeals court ruling that says cops can't stop people for merely giving them the finger. That would make Roger Roots, author of Are Cops Constitutional, proud. The case begins in May of 2006, when a man and his wife were visiting their daughter in Johnsonville, NY and came across a police cruiser running radar. Demonstrating his displeasure, John Swartz flipped-off the cop as the couple drove past. Piqued by this insulting gesture, officer Richard Insogna took off after the offending motorists. Long story short, he arrested Mr. Swartz for disorderly conduct. While that charge was eventually dropped, there were several court appearances, legal expenses and inconveniences associated with the charges. Swartz filed suit in district court seeking damages for illegal seizure, a disorderly conduct arrest and an alleged malicious prosecution, but his lawsuit was dismissed on grounds that cops are protected from civil actions based on qualified immunity. ...

God and politics

I don't look to religion to measure a candidate’s worthiness. I could get behind someone who proposes, supports and defends public policies that respect the well-being of the people – someone who respects Constitutional principles like freedom and liberty – without regard to their faithful viewpoint. I trust no government, or candidate for an office thereto, to have a hand in the implementation of policy that would define or regulate my marriage. I believe in giving women and men control over their own reproductive systems, unencumbered by government’s meddling. As a military man, I defend your right to form private or exclusive organizations that promote various ideologies among its members under the guise of some faith, so long as it doesn't impose restrictions or injury upon those who don’t share their worldview. I've got my viewpoint. You've got yours. Can we agree that government is not an institution that could appreciate or care about either? I would prefer...

Ghost printing

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My printer inexplicably generated a paper airline boarding pass bearing my name for a flight I didn't book. I immediately checked my bank account online for any charges that might be related to that purchase, but I found none. I called the police, the airline and my bank to investigate this potential fraud. I had all working feverishly on this most alarming matter. Long story short: the email address associated with my HP printer's ePrint account is apparently similar to that of another person sharing my name, who evidently inadvertently gave the airline my ePrint email address. United then emailed his boarding pass to the address given, which was then received and processed by my printer, handily, albeit mysteriously, producing a paper boarding pass that landed on the printer receiving tray. Longer version. I called United Airlines. After sitting in a queue for nearly 40 minutes and after ascertaining identifying information from me, they confirmed that the person who ...

Drone warfare for dummies

Drone technology is shrinking, which should terrify you. More so even than the small aircraft we've been seeing on the news. When the technology is so easily available to hobbyists, then organizations and individuals can handily eliminate their threats without personal risk, we have a problem. When thew can overwhelm you, there's literally no defense; no guns or toxins will stop them. Today's hobby style RC (radio-controlled) planes, tricopters and quadcopters are capable of delivering payloads of insect-sized microdrones in significant numbers. And the term radio-controlled is an enigma, really, because these drones can easily be made autonomous using cheap programmable computer modules and sensors. Arduino is one. See how cheap . Others are developing rather fast, like the newer Hobbyking KK2.0 Multi-rotor LCD Flight Control Board . Think of it as advanced avionics capabilities for electronics novices. Armed with one of these inexpensive controllers, you command y...
I was enjoying watching Iowa radio talkshow host Simon Conway and Iowa Dept. of Education director Jason Glass go at it this afternoon in a Twitter war. @ simonradio1776 dude, switch to decaf & stop being a goon. I don't think there is a need to question my patriotism or knwldge of country. — Jason E. Glass (@jasonglassIA) January 31, 2013 Formed by the framers as a republic in which only 6% of the population were allowed to vote, the United States has taken on some democratic attributes over the years. It might be said that we have a democratic republic, or even an indirect democracy, but at its foundation the country is in fact a republic, with at least some protection against the tyranny of the majority. But this is not the amusing part of the story. How does the state representative on education look when he addresses a member of the media as "dude" and calls him a "goon" on Twitter?

Is Subway shorting customers?

I find recent news reports on the lawsuits being filed against Subway for selling shorter-than-12-inch subs curious. Why are people concerned with the actual length, which to me seems somewhat arbitrary? What if I promised you a foot of gold but delivered on 11? How much does an inch of gold weigh? How much less sandwich are people receiving in an eleven-inch sub compared to a 12" sandwich? I imagine it matters whether you judge strictly by length, as opposed to volume or weight. For my money, I'd rather use the weight of the various parts, bun and contents, to determine the answer. Length can be affected by shape or density of the bun without affecting weight, assuming strict adherence to portion control of the dough is maintained. If I were asked to decide the damages, I would demand to know what criteria the plaintiff values and at what rate. I might also ascertain whether the plaintiff bothered measuring depth and width, because those dimensions could make up for a...