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Topic: Supreme Court Police

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In the News (Tue 2 Dec 08)

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	Democrat & Chronicle: Local News
		Courts have refused to overturn the city's practice of prohibiting legal representation for police who are witnesses but not targets of an investigation.
		The dispute stems from a police investigation into an incident in which a man died shortly after his arrest by Rochester police.
		Friday's ruling reversed a decision by the state's Public Employment Relations Board, which had determined that police had a right to the union representation.
	www.democratandchronicle.com /apps/pbcs.dll/article?AID=/20050207/NEWS01/502070317/1002/NEWS (428 words)

	ASNE - West Virginia Supreme Court
		The West Virginia Supreme Court of Appeals ruled in May that preventing âfishing expeditionsâ negates a public interest in police records.
		West Virginiaâs highest court has determined that records of investigations into police misconduct are not public because releasing the records would be an unreasonable invasion of the officerâs personal privacy, according to a decision handed down on May 15, 2001.
		The court acknowledged that âthe lawfulness of police operations is a matter of great concern to the state's citizenry,â but was concerned that âcompelled disclosure of police investigatory material might result in âfishing expeditionsâ and thereby encourage frivolous litigation.â The court said that this concern negated any public interest in the records.
	www.asne.org /index.cfm?ID=3919 (241 words)

	Erowid Law Vaults : New Jersey Supreme Court : Traffic Search Requirements Dramatically Increased (State vs SJ Carty)
		The court decided, with 4 judges signing the primary decision and 1 writing a concurrence, that even with written consent police were not allowed to search the person or vehicle of someone stopped for a traffic violation without "reasonable, articulable suspicion" unrelated to the traffic violation for which the vehicle was stopped.
		The New Jersey Court ruled on the basis of the New Jersey State Constitution and thus it is not reviewable by the federal Supreme Court.
		Until this ruling, the New Jersey police were required by the courts to have each person actually sign a consent document in order to allow traffic-stop searches.
	www.erowid.org /freedom/courts/state/state_supreme_nj_case1_comment1.shtml (1188 words)

	New York Supreme Court Criminal Term Library - Powered By Bloglines
		The Georgia Supreme Court affirmed, holding that because Randolph was present when the police came to his home, the police were required by the Fourth Amendment to heed his objection to the search.
		The U.S. Supreme Court ruled Wednesday that one household occupant's permission for police to enter the home does not create an exception to the warrant requirement if another occupant stands in the doorway and protests that entry.
		Yesterday, the United States Supreme Court held that in these circumstances, a physically present co-occupant's stated refusal to permit entry prevails, rendering the warrantless search unreasonable and invalid as to him.
	www.bloglines.com /blog/PLL (5577 words)

	Hiibel v. Sixth Judicial Court of Nevada
		The Supreme Court of Nevada upheld the statute, concluding that it did not violate the Fourth Amendment because any intrusion on privacy caused by the statute is outweighed by the benefits to officers and community safety, and the public interest in requiring individuals to identify themselves to officers when a reasonable suspicion exists is overwhelming.
		He appealed the conviction on the grounds that the Nevada statute that requires a person stopped under reasonable suspicion by a police officer to identify himself violates the Fourth Amendment of the United States Constitution.
		Hiibel was arrested after repeatedly refusing to identify himself to a police officer.
	www.law.duke.edu /publiclaw/supremecourtonline/certgrants/2003/hiivsix.html (5577 words)

	Erowid Law Vaults : Minnesota Supreme Court : MN Supreme Court bans traffic 'consent searches'
		The Minnesota Supreme Court had previously ruled in MN v Wiegand (645 N.W.2d 125, 135 (Minn. 2002)) that police were not allowed to bring in drug-sniffing dogs to search a vehicle after a traffic stop unless there is "reasonable, articulable suspicion of drug-related criminal activity".
		This decision, and the NJ Supreme Court Decision before it, make a very clear statement that police officers are not allowed to detain citizens for more than is appropriate to the traffic violation for which they have been stopped, unless they have clearly articulable (describable) reason to think some other specific crime has been committed.
		Because the Minnesota Supreme Court based their decision on the Minnesota Constitution and Minnesota state cases, this decision is not reviewable by the US Supreme Court and cannot be overturned.
	www.erowid.org /freedom/courts/state/state_supreme_mn_case1_comment1.shtml (903 words)

	Ned Kelly: Australian Ironoutlaw Writings On Ned
		Sir Redmond Barry, a Victorian Supreme Court Judge who had a reputation for harsh sentencing, condemned Kelly to death.
		A colorful writer and speaker, Kelly described members of the law enforcement community as a “parcel of big ugly fat-necked wombat headed big bellied magpie legged narrow hipped splay-footed sons of Irish Bailiffs or English landlords which is better known as officers of Justice or Victorian Police”.
		Time in jail did nothing to soften his feelings toward the Victorian police, whom he regarded as agents of oppression.
	www.ironoutlaw.com /html/writings_gale.html (903 words)

	EXTORTIONIST IN AN APPARENT CONTEMPT OF COURT - AUSTRALIA
		Furthermore Dymocks booksellers across Australia were unlawfully forced to remove and stop selling all copies of the books Victoria Police Corruption and Victoria Police Corruption-2 on 27 April 2000, some two weeks after the Supreme Court judgement had ruled that sales must proceed.
		Supreme Court Judge, Justice Gillard rejected Zoccoli�s application and further directed that Zoccoli�s side pay Kotabi Publishing�s legal costs in the matter.
		Stop Press: In spite of the Supreme Court judgement upholding the right of Kotabi and Hoser to continue to sell their books, the Zoccoli�s side has refused to accept the rule of law.
	www.smuggled.com /MedZoc3b.htm (903 words)

	Brain Fingerprinting - Iowa Supreme Court Ruling
		In the Iowa Supreme Court’s 22-page decision, the court found that police had failed to give Harrington’s defense lawyers eight separate police reports that could have cast doubt on testimony that linked him to the murder of a Council Bluffs night watchman in 1978.
		Today, the Iowa Supreme Court reversed the District Court’s decision on constitutional grounds and left undisturbed the law of the case establishing the admissibility of the Brain Fingerprinting evidence.
		State of Iowa, Iowa Supreme Court No. 01-0653 case are available at:
	www.brainwavescience.com /IowaSupCourtPR.php (903 words)

	Newsbrief: Alaska Supreme Court Restricts Marijuana Search Warrants
		Since the state Court of Appeals last year reaffirmed a 1975 Supreme Court ruling legalizing the possession of marijuana for personal use in one's own home, striking down a 1990 referendum that overturned the earlier decision, police have been unable to arrest people for possession of less than four ounces in their homes.
		Although the state Supreme Court last year clearly held that possession within one's home is legal, Renkes continues to maintain, publicly as well as in arguing court cases, that they didn't really do that.
		In that ruling, the Court of Appeals held that police cannot seek or execute a search warrant for a person's home for marijuana unless there is reason to believe there are more than four ounces of it.
	www.stopthedrugwar.org /chronicle/352/alaska.shtml (903 words)

	Articles - Supreme Court of the United States
		The Supreme Court building is within the ambit of the Architect of the Capitol, but maintains its own police force, separate from the Capitol Police.
		The court consists of the Chief Justice of the United States and eight Associate Justices of the Supreme Court of the United States, who are nominated by the President and confirmed with the "advice and consent" of the Senate.
		The Supreme Court meets in Washington, D.C., in the United States Supreme Court building.
	www.zdiamond.net /articles/Supreme_Court_of_the_United_States (4148 words)

	Directory - Regional: Oceania: Australia: Tasmania: Government: Law
		Supreme Court of Tasmania Â Â·Â cached Â Â·Â Information about the workings of the Supreme Court.
		Tasmania Police Â Â·Â The site is maintained by the Department of Police and Public Safety Tasmania.Their mission is "To serve the people of Tasmania by protecting life and property,enhancing community safety and reducing the incidence and fear of crime."
		Magistrates Court of Tasmania Â Â·Â cached Â Â·Â General information on the functions, powers and services offered by the magistrates court.
	www.incywincy.com /default?p=24748 (4148 words)

	Hiibel Thumpers - The Supreme Court is suspicious. By Dahlia Lithwick
		The Nevada Supreme Court indicated she was on the passenger side, suggesting that the drunk guy was driving.
		The Nevada Supreme Court voted 4-3 that there is nothing unconstitutional about a law forcing suspects in a Terry stop to provide their name, in light of the pressing government need to identify bad guys and the minimal privacy intrusion in sharing your name.
		Sixth Judicial District Court of Nevada is variously described by the amicus briefs and the editorialists as whether the police have the right to demand your "papers "; mandate national identity cards; and impede ordinary citizens' freedom to roam free.
	slate.msn.com /id/2097516 (4148 words)

	Boston.com / News / Local / N.H. / State Supreme Court sets standards for anonymous tips
		The New Hampshire Supreme Court is giving police a set of guidelines for using anonymous tips to stop drivers.
		CONCORD, N.H. The New Hampshire Supreme Court is giving police a set of guidelines for using anonymous tips to stop drivers.
		A district court judge threw out the case, ruling the stop violated the woman's rights.
	www.boston.com /news/local/new_hampshire/articles/2004/08/27/state_supreme_court_sets_standards_for_anonynmous_tips (4148 words)

	CNN.com - Keeping name private can be crime, court rules - Jun 21, 2004
		The court in previous weeks ruled for police in four other search and seizure cases that tested the limits of police intrusions and privacy rights.
		The court said it was not always necessary for the suspect to be inside his car to have evidence used against him.
		According to an AP report, justices were told that 20 states have similar laws to the Nevada statute upheld by the high court: Alabama, Arkansas, California, Delaware, Florida, Georgia, Illinois, Kansas, Louisiana, Massachusetts, Montana, Nebraska, New Hampshire, New Mexico, New York, North Dakota, Rhode Island, Utah, Vermont and Wisconsin.
	www.cnn.com /2004/LAW/06/21/scotus.police.id (4148 words)

	SikhSpectrum.com Monthly. Our Roots on the North American Soil
		However, Justice Sutherland of the Supreme Court further qualified Caucasian to mean �white� and so citizenship was denied to Bhagat Singh.
		However, the Bureau of Naturalization appealed the case and it went all the way to the Supreme Court.
		Despite harassment from the Hong Kong Police (which was part of the British Empire), Bhai Gurdit Singh along with 150 passengers set sail for British Columbia on April 4, 1914.
	www.sikhspectrum.com /102002/jasmit.htm (4148 words)

	Supreme Court Monitor - Decisions
		For purposes of 42 U.S.C. §1983 claim against police for failing to prevent death of her children, mother had no property interest in police enforcement of her restraining order against husband.
		Rule 60(b) motion challenging only district court's previous ruling on AEDPA statute of limitations was not equivalent to successive habeas petition and did not require percertification by circuit court.
		Extraordinary action of court of appeals in reopening death penalty case infringed on state's right to execute convicted capital defendant.
	www.law.com /jsp/scm/supremeDecisions.jsp (4148 words)

	The Body: New York State Supreme Court Judge Orders NYPD to Reconsider Decision to Deny HIV-Positive Officer Disability Benefits
		New York State Supreme Court Justice Rolando Acosta on Tuesday ordered the New York City Police Department to reconsider its decision to deny disability benefits to an unidentified officer who says she was infected with HIV while on the job, the AP/Long Island Newsday reports (AP/Long Island Newsday, 7/21).
		The Body: New York State Supreme Court Judge Orders NYPD to Reconsider Decision to Deny HIV-Positive Officer Disability Benefits
		New York State Supreme Court Judge Orders NYPD to Reconsider Decision to Deny HIV-Positive Officer Disability Benefits
	www.thebody.com /kaiser/2004/jul22_04/nypd_hiv.html (486 words)

	Civil Action Against Mr John Marsden - 17/06/1997 - QWN
		Is the Attorney General, representing the Minister for Police, aware of the civil claim lodged in the Supreme Court of New South Wales on 29 May alleging a series of sexual assaults upon the plaintiff, who was aged eight years at the time, naming one of the defendants as a Mr John Marsden?
		I had been informed that a civil action generally of the nature described by the honourable member had been brought in the Supreme Court against Mr Marsden.
		Whether those matters were in any way referred to or drawn to the attention of the royal commission I do not know, and I do not know whether they are the subject of any further consideration by the police.
	www.parliament.nsw.gov.au /prod/parlment/hansart.nsf/V3Key/LC19970617019 (264 words)

	Technorati Tag: Supreme Court
		ABC News: Supreme Court Whether it's the Supreme Court or changes in police tactics, ABC News' Manny Medrano's blog, "Order in the Court," delivers the straight scoop on all things legal.
		The Supreme Court reversed the Chancery Court and determined that despite the parties and the witnesses being based in Florida, and the application of...
		From Fox: The Supreme Court ruled Monday that one-time stripper and Playboy Playmate Anna Nicole Smith could pursue part of her late husband’s oil...
	www.technorati.com /tag/Supreme+Court (564 words)

	JS Online: Court allows hidden weapons
		Prosser and a majority of the court established a balancing test that takes into account the reasonableness of the situation, including whether the need to carry a gun is substantial, whether the right to carry a concealed weapon outweighs police interests and whether the person is carrying it for a lawful purpose.
		Wisconsin is one of only six states that bar citizens from carrying concealed weapons.
		"Wisconsin is in the clear minority in the way it handles concealed weapons, and this provides an opportunity to step into the mainstream on gun laws and the way people are allowed to use them for lawful purposes," he said.
	www.jsonline.com /news/state/jul03/155137.asp (564 words)

	Scotsman.com News - Latest News - Israeli Supreme Court Orders Halt to West Bank Barrier
		Israel’s Supreme Court today ordered the government to suspend work for one week on a section of the West Bank separation barrier around eight Palestinian villages north-west of Jerusalem, an attorney said.
		The Supreme Court issued its order in response to a request from the Popular Committee Against the Wall, a group of Israelis and Palestinians opposed to the barrier.
		Israeli police spokesman Gil Kleiman said the youths were arrested last Thursday at a West Bank checkpoint while carrying “improvised” firearms.
	news.scotsman.com /latest.cfm?id=2591072 (564 words)

	Supreme Court Case
		The Minnesota Supreme Court said "(it) is our concern that police, who have enormous discretion in enforcing traffic laws, may take advantage of their right to stop motorists for routine traffic violations in order to target members of groups identified by factors that are totally impermissible as a basis for law enforcement activity."
		The court ruled that since the lights were common and stock equipment, there was no real objective basis for the trooper to believe the lights were in violation of the law.
		The Court, upon reviewing George's case, found that he did not voluntarily consent to a search, nor was he aware that he had a right to refuse consent and a right to leave.
	usff.com /BOLT/articles/0197pan.html (1124 words)

	Louisiana Supreme Court
		Chief Justice Calogero was sworn in as Chief Justice of the Louisiana Supreme Court on April 9, 1990.
		Chief Justice Calogero was elected to the Louisiana Supreme Court in 1972 and took his first oath as Associate Justice on January 10, 1973 to serve a two-year unexpired term.
		In 2001, Chief Justice Calogero was honored by the Loyola Law School Alumni Association in recognition of his distinguished career on the Supreme Court of Louisiana.
	www.lasc.org /justices/calogero.asp (793 words)

	Alaska Supreme Court Upholds Marijuana Use at Home
		The state Supreme Court ruling was made in the case of David Noy, who was arrested in his home by North Pole police and drug agents.
		The Alaska Supreme Court rejected a petition from the state attorney general seeking greater power to enforce the state's marijuana laws in private homes, the Fairbanks Daily News-Miner reported Sept. 14.
		The Supreme Court upheld a ruling made last year by the Court of Appeal, which determined that a person's right to privacy takes precedence over a ballot initiative making personal use of marijuana illegal.
	www.jointogether.org /gv/news/summaries/reader/0,2061,574672,00.html (793 words)

	Australia: former union official Craig Johnston jailed for nine months
		The decision on August 27 by the Victorian Supreme Court of Appeal to jail former Australian Manufacturing Workers Union (AMWU) Victorian branch secretary, Craig Johnston, is a warning of the kind of industrial relations regime being demanded by powerful corporate interests in Australia.
		The Victorian police at the time declined to prosecute him, finding there was insufficient evidence from the union inquiry—including in relation to sexual misconduct—to proceed.
		The inquiry was initiated at the behest of Victorian Premier Steve Bracks, who, speaking for major investors in Victoria, urged Cameron to “crack down on rogue elements” in the union’s Victorian state branch.
	dev.wsws.org /articles/2004/sep2004/john-s21.shtml (793 words)

	The Greens (WA) - Landmark case for forest justice
		Greens Senator Bob Brown hailed today's Victorian Supreme Court finding that the CFMEU (Construction, Forestry, Mining and Energy Union) and several individuals, including Victorian CFMEU Forestry Secretary Jane Calvert, had intentionally harmed conservationists in the Otways in January 1999.
		Senator Brown congratulated the 13 plaintiffs and their legal team for their courage, not only during the original confrontation, but for taking the case to court under great pressure when the police failed to uphold the law.
		"This court finding breaks the pattern of violent assaults against peaceful protesters in forests around the country and sends a strong warning to the CFMEU and its leaders that violence will not be tolerated.
	wa.greens.org.au /items/Media_Release.2004-08-20.4955 (793 words)

	Slattsnews: June 2003 Archives
		In 1984, Sorby, a former merchant navy officer, was sentenced to a then record 23 years in prison by the Victorian Supreme Court for conspiracy to traffic $10 million of heroin.
		Victorian Police Minister Andre Haermeyer has refused to go on radio 3AW and explain why a gang of anarchists has been permitted to create pandemonium.
		THE Family Court has dealt itself into the asylum-seeker controversy with a ruling that the federal Government is acting illegally by indefinitely detaining children in camps.
	slattsnews.ubersportingpundit.com /archives/2003_06.html (793 words)

	The Local - Child porn police tripped by Swedish Supreme Court
		After a Supreme Court ruling in February, police have been told that they cannot stop pictures or films if they are not "obviously" child porn.
		I agree, I think the verdict from the Supreme Court is a little strange.
		Obviously the Swedish Supreme Court is only proctecting its own interests...
	www.thelocal.se /article.php?ID=1910&date=20050818 (793 words)

	Noteworthy War Criminals. Second World War-Europe. SS and GESTAPO. UNWCC
		The sentence was upheld by the Supreme Court of Norway.
		Sentenced to death by a British court at Wuppertal on 11.7.46 for murders of British parachutists in the Vosges.
		Sentenced to death by the U.S.S.R. Military Court in the Odessa district; hanged on 17.1.46.
	www.ess.uwe.ac.uk /WCC/warcrimindss.htm (793 words)

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In the News (Tue 2 Dec 08)