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9701  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Privacy on: October 08, 2010, 08:22:33 PM

A lot of seriously bad people get arrested as the result of traffic stops for very minor traffic offenses. If you look at the stats for wanted felons arrested every year, state troopers tend to have the highest rates. Not because of special units that chase wanted felons, but sheer numbers of traffic stops. The more contacts, the better your odds of grabbing someone who really needs to go into custody. Dirtbags tend to not maintain their cars, stolen vehicles often have certain tell-tale signs as well. So living in a place where the local cops do lots of traffic tends to deter the criminal element from that area.
9702  DBMA Martial Arts Forum / Martial Arts Topics / Re: We the unorganized militia on: October 08, 2010, 08:06:27 PM
An armed and trainedpopulation can make a big difference.
9703  DBMA Martial Arts Forum / Martial Arts Topics / Re: We the unorganized militia on: October 08, 2010, 07:55:19 PM
Note that Mumbai type attacks have been tried many times in Israel. Aside from the schoolchildren at Ma'alot, it's hasn't turned out well for the hajis.
9704  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Privacy on: October 08, 2010, 07:50:30 PM
I can tell you that as someone that has spent the vast majority of my adult life working in some aspect of the criminal justice system, the vast majority of men and women in law enforcement are good people who go out to do the right thing for the right reasons.
9705  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: Islam the religion on: October 08, 2010, 07:46:14 PM

Iraqi Sufis donate to Hamas, boast of jihad activity in Iraq

Sufis applaud Hamas' jihad

Many times over the years, when I have pointed out that all the orthodox Islamic sects and schools of Islamic jurisprudence teach the necessity to wage war against and subjugate unbelievers, people have countered by invoking the Sufis, whom they believe to be entirely peaceful and devoted to a wholly spiritualized form of Islam.

Unfortunately, this is not the case, and has never been the case, as Andrew Bostom showed here: Sufis from al-Ghazali to the present day have taught the necessity of jihad warfare, and have participated in that warfare. Here is more evidence: Iraqi representatives of the Naqshabandi Sufi order meet with Khaled Mashaal of Hamas, praise his jihad, donate jewelry to him, and boast of their own jihad attacks against Americans in Iraq.

"Hamas Leader Khaled Mash’al Meets with Iraqi Terrorists and Accepts Their Women’s Gold," from MEMRI, January 22 (thanks to Andrew Bostom):
9706  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Privacy on: October 08, 2010, 05:03:46 PM
The reason we know that some FBI agents haven't complied with the required documentation in some cases? Because the DOJ OIG investigated and published it's findings. I'm pretty sure that's what you would call oversight.

Exactly what surveillance tools are you objecting to?

The FBI works lots of public corruption cases. If there are indications of corrupt law enforcement agencies, they often get lots of attention from the feds. The NOPD springs to mind as an example.

Radley Balko uses inflammitory press clippings in the same way gun control groups do. Ohhhh, that gun is an "assault rifle" because it has a flash hider and folding stock! Oh, that Mini-14 is ok because it has a wooden stock. There is no legal difference between a LEO in a class b uniform, BDUs and external vest or "soft clothes". Graham v. Connor is still the legal standard for the use of force, no matter what a LEO is wearing or what use of force tools are used.

9707  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Better than a bearded marxist on: October 08, 2010, 04:22:17 PM

Even with all of her considerable flaws, O'Donnell is still better than her opponent.
9708  DBMA Martial Arts Forum / Martial Arts Topics / Re: Stretching on: October 08, 2010, 04:01:33 PM
I've found doing "bridges" has helped my lower back pain quite a bit.
9709  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Privacy on: October 08, 2010, 01:49:28 PM

Oh look, Radley Balko not letting the truth get in the way of his agenda. Shocking.
9710  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: The Cognitive Dissonance of His Glibness on: October 08, 2010, 01:23:54 PM
It's easy to confuse one A-hole with another.....  wink
9711  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: The Cognitive Dissonance of His Glibness on: October 08, 2010, 12:04:44 PM
Ayers, not Alinsky. Right?
9712  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Privacy on: October 08, 2010, 11:59:34 AM
You can't un-invent technology. If a government is oppressive, exactly how will some law or policy regarding the use of technology stop it from doing so?

Yet one doesn't have to look too hard to find instances where investigated information leads to an incorrect door being kicked in.

And there are civil and criminal liabilities related to the incorrect door being kicked in. Aside from the structural disincentives already present, what else would you do? To have a rule of law, laws must be enforced.

Others disagree. List members are invited to make up their own minds viewing the data shown here:

Note that the website you link to is the creation of Radley Balko, who will not let the truth get in the way of his anti-law enforcement agenda.

Or don't municipalities regularly pay out for wrongful deaths and injuries resulting from police activity?

In our litigious society, it's often the strategy to pay to settle suits rather than litigate them, no matter how much the suit might lack merit.

9713  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Exotic concepts like "rule of law" on: October 08, 2010, 11:29:08 AM

LATE last week, New York Times reporter Kate Zernike noted  that many tea partiers, often at Glenn Beck's urging, have availed themselves of several classic texts, including F.A. Hayek's 1943 blockbuster "The Road to Serfdom"—surely one of the most influential political tracts of the last century. Ms Zernike, however, appears somewhat out of her element handling this sort of exotica. She writes:

    Representative Paul D. Ryan, Republican of Wisconsin, alluded to “The Road to Serfdom” in introducing his economic “Roadmap for America’s Future,” which many other Republicans have embraced. Ron Johnson, who entered politics through a Tea Party meeting and is now the Republican nominee for Senate in Wisconsin, asserted that the $20 billion escrow fund that the Obama administration forced BP to set up to pay damages from the Gulf of Mexico oil spill circumvented “the rule of law,” Hayek’s term for the unwritten code that prohibits the government from interfering with the pursuit of “personal ends and desires.”

It's the last sentence that has me in stitches. Have you heard of this peculiar thing some call "the rule of law"? To be fair, Mr Hayek did eventually develop a distinctive conception of the rule of law, but it's not that distinctive, and the idea of "an unwritten code" certainly isn't part of it. Mr Hayek's late-period thought on cultural evolution did emphasise the heavy reliance of successful societies on unwritten and often inarticulable norms of behaviour, and our culture's will to uphold the ideals of the rule of law flows in large part from our unwrittern cultural endowment,  but the idea of an unwritten code is pretty much the opposite of what Hayek had in mind when it came to the rule of law.

Perhaps Ms Zernike missed the chapter titled "Planning and the Rule of Law" as she read "The Road to Serfdom" in preparation for this article. There, Hayek draws out the difference between "a free country" and "a country under arbitrary government". A country counts as free only if its government is bound by the rule of law, which, according to Hayek, "means that government in all its actions is bound by rules fixed and announced beforehand". Typically, these rules, once fixed, are written down and then published through official state organs. The idea is that politically-determined rules need to be relatively fixed and publicly known in order to create a stable and certain framework in which individual planning and complex social coordination can flourish. The goal of replacing arbitrary government with the rule of law implies for Hayek, among other things, that executive discretion ought to be reduced "as much as possible".

As far as I can tell, Ron Johnson, the Republican Senate candidate from Wisconsin, hit the nail on the head when he identified the Obama administration's demand that BP set up an escrow fund as an instance of arbitrary government at odds with the rule of law. The issue here is not whether requiring such an account was a good idea. It probably was. The question is whether the executive branch, in issuing this demand, acted according to general legal rules already in place, or if it ignored established procedure and simply exercised power without prior authorisation in a manner unconstrained by known rules. One can ask similar questions about the Wall Street bail-outs, the partial nationalisation of General Motors, and the growing list of new executive powers claimed under the Bush and Obama administrations.
9714  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Rogt/milt on: October 08, 2010, 11:25:12 AM
How's the socialism work out for you?

Thank you Denny for firsthand accounts.  The whole Chavez story is very sad for the people.  I hope you will tell us what you think the U.S. can do to help; I assume it is nothing.  Here we seem to be headed down a similar road.  Now we have an uprising, the tea party, and maybe a shift in one body of congress.  After that I fear we will head further down the same road, what you call 21st century socialism, forced redistributionism and a dismantling of the freedoms and pillars that used to make this a great place.

The only thing I wish from America would be for Obama and various Democrats and Hollywood types to stop backing Chavez. Unfortunately, Socialism is a world wide movement. They don't deny it, on the contrary, that is one more way they seek power. Not only that, they have co-opted the UN

On 20 September the Socialist International held the annual meeting of its Presidium with the participation of Heads of State and Government at the United Nations Headquarters.

XXI Century Socialism is the official Chavez slogan for his movement. He has publicly called himself a Marxist.

Countries have to relearn forgotten principles. America in great measure has discarded the principles of the Founding Fathers but maybe through the Tea Party movement, a true grass roots movement, there will be a revival of these principles. Yes, there are a lot of similarities between Chavez and Obama. The one big difference is that Chavez was able to rewrite the Constitution and to rearrange all the forces in Venezuela so as to take absolute control of the country. He has also committed treason by letting Cuba run the place. He even forced the Armed Forces to adopt the Cuban slogan: "Patria, Socialism o Muerte"  (Homeland, Socialism or Death).

Denny Schlesinger

9715  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: The Cognitive Dissonance of His Glibness on: October 08, 2010, 11:14:22 AM
Jones wants out before he's forever tainted by us handing a big win to the global jihad in Afghanistan.
9716  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: The Cognitive Dissonance of His Glibness on: October 08, 2010, 10:42:32 AM
All the screams from the left indicate just how accurate D'souza really is in his analysis.
9717  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / VERY relevant today on: October 08, 2010, 10:19:08 AM

If You Want To Understand What Makes This Recession Continue
Ask the authors of Federalist 62.  First, the problem of the health care reform bill that came to 2700 pages:

    It will be of little avail to the people, that the laws are made by men of their own choice, if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood; if they be repealed or revised before they are promulgated, or undergo such incessant changes that no man, who knows what the law is to-day, can guess what it will be to-morrow. Law is defined to be a rule of action; but how can that be a rule, which is little known, and less fixed?

The following paragraph explains why people like George Soros always back Democrats:

    Another effect of public instability is the unreasonable advantage it gives to the sagacious, the enterprising, and the moneyed few over the industrious and uniformed mass of the people. Every new regulation concerning commerce or revenue, or in any way affecting the value of the different species of property, presents a new harvest to those who watch the change, and can trace its consequences; a harvest, reared not by themselves, but by the toils and cares of the great body of their fellow-citizens. This is a state of things in which it may be said with some truth that laws are made for the few, not for the many.

And why employers are reluctant to hire right now:

    In another point of view, great injury results from an unstable government. The want of confidence in the public councils damps every useful undertaking, the success and profit of which may depend on a continuance of existing arrangements. What prudent merchant will hazard his fortunes in any new branch of commerce when he knows not but that his plans may be rendered unlawful before they can be executed? What farmer or manufacturer will lay himself out for the encouragement given to any particular cultivation or establishment, when he can have no assurance that his preparatory labors and advances will not render him a victim to an inconstant government? In a word, no great improvement or laudable enterprise can go forward which requires the auspices of a steady system of national policy.

The things you find, preparing for class!
9718  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Marriage and Family on: October 08, 2010, 09:43:24 AM
I remember reading a study that found children that were without a father because of his death were psychologically/emotionally better off than children of divorce. Look at prison populations and you'll find that the vast majority of inmates grew up without fathers.
9719  Politics, Religion, Science, Culture and Humanities / Politics & Religion / 'stach-tastic! on: October 07, 2010, 10:06:25 PM

“Who was our last moustached president?” I ask John Bolton as we chat in his American Enterprise Institute office in downtown Washington, DC. “Taft,” he responds without hesitation, “And the last candidate was [Thomas] Dewey—not a comparison I’m excited about.” With a twinkle in his eye, he deadpans, “I think the American people would say it’s a complete non-issue.” The former US Ambassador to the United Nations may be willing to joke about his trademark facial hair, but as the 2012 election cycle looms, he sounds like a man who is seriously evaluating his own presidential aspirations.

Up to this point, Bolton has merely piqued the chattering class’ interest by refusing to foreclose the possibility of a presidential bid in a recent Daily Caller profile piece, and again during a Fox Business Network interview. Citing his chief priority of ensuring Republican gains in the 2010 midterm election, Bolton still won’t say if he’s planning to toss his hat into the ring, but now at least allows that he is “thinking about it very seriously”—a fairly significant rhetorical step toward to taking the plunge. It isn’t a new consideration either, he says. “I’ve been thinking about this really since it became clear early in the Obama administration that [the president’s] national security policy would be as bad as we feared it would be.”

Although Bolton denies he’s doing any heavy groundwork to set up a 2012 campaign, he’s not sitting still either. “What I am doing is talking to people who are experts on presidential campaigns because I’ve never run for elective office before,” he explains, before parenthetically pointing out that he is familiar with campaign finance law by dint of his work on the landmark 1976 Supreme Court case Buckley v. Valeo. I ask if he’s planning any trips to Iowa in the relatively near future, a question that he adroitly sidesteps with a chuckle and a change of subject.

If anyone doubts Bolton’s ability to withstand the rigors of a presidential bid, they ought to look no further than his grueling daily regimen. The 61-year-old Yale graduate wakes up every morning at 4 to read newspapers from across the globe, write, and prepare for media appearances and speeches. By the time most Americans slog into work, Bolton has already been absorbing information and generating content for five hours. As someone who requires very little sleep to function at a high level, Bolton finds the very early morning to be an especially productive period in his day because “the phone doesn’t ring at that time.” According to colleagues, Bolton also possesses a near-photographic memory, a quality he denies. “I wouldn’t go that far,” he says, chalking up his ability to retain enormous amounts of information to his training as a litigator.
9720  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: US Economics, the stock market , and other investment/savings strategies on: October 07, 2010, 03:00:54 PM

As a foreclosure buyer, what happens if the real estate market never comes back? It's my opinion that indeed we are no where near the market floor, and that once the floor is found, the market will remain there for decades to come.
9721  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: Political Economics on: October 07, 2010, 01:54:35 PM

If the congressional midterms, gubernatorial races, and various state and local electoral contests result in the large-scale repudiation of the left so many are expecting, it will represent only the barest of beginnings towards a genuine long-term national economic recovery.

Only now is it beginning to dawn on many American just how deep our short-term and long-term holes really are. Many others, including politicians who appear to be on their way to key positions after the elections, still don’t seem to get it. This column will focus on the near-term economy — because if we don’t get a handle on a quickly mushrooming mess, and soon, there may not be a long-term.

This nation’s government just completed its second fiscal year with deficits of well over a trillion dollars, a number that was unthinkable just two years ago. Despite claims to the contrary, true cash flow from federal government operations during fiscal 2010 was more negative than the previous year. It only looks better because of increased receipts from the Federal Reserve (more on that in a bit) and cleverly manipulated non-cash accounting entries that arbitrarily and artificially reduced this year’s reported outlays. Net tax collections are still about 20% below where they were two years ago, and are only showing bare signs of turning upward.
9722  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: US Economics, the stock market , and other investment/savings strategies on: October 07, 2010, 01:08:33 PM

Concerns about oaths of office, the constitution and free markets are soooooo pre-1/2009. Obama promised to fundamentally transform the country, this is it. Enjoy!
9723  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: US Economics, the stock market , and other investment/savings strategies on: October 07, 2010, 11:46:05 AM
When the collapse comes, it'll happen faster than most imagine possible. If I owned a home in SoCal, I'd see it for whatever I could get for it and get out now.....
9724  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: Mexico-US matters on: October 06, 2010, 10:26:29 PM

Journalist Charles Bowden, who details a city in collapse in his new book about Ciudad Juarez, Mexico, says that at first glimpse the border town looks like a flat tapestry of one-story buildings.

"It can be an illusion at first," he tells NPR's Mary Louise Kelly. "You'll see an Applebee's; you'll see a Radisson, a Denny's. You'll think everything's all right.

"What you don't see until you look closely is 100,000 people who've lost their factory jobs; 40 percent of the businesses have folded in the last year; 25 percent of the houses have been abandoned. And, of course, there's the killings," he says.

The killings are the focus of Bowden's new book, Murder City: Ciudad Juarez and the Global Economy's New Killing Fields. Most recently, the city was in the news after three people associated with the U.S. consulate were gunned down and killed.

But the reality is that on most days killings in Juarez don't make the front page. They've become, as Bowden has called it, "part of the ordinary noise of life."

Bowden says a recent study in Chihuahua state, in which Juarez is the largest city, found that 40 percent of young males harbored the ambition to become contract killers. He says half of any young man's peer group will be neither in school nor employed.

The drug industry makes $30 billion to $50 billion a year and is second only to petroleum among Mexico's lucrative exports.
9725  DBMA Martial Arts Forum / Martial Arts Topics / Victor Perez: Hero on: October 06, 2010, 09:27:12 PM

Hero Victor Perez saved kidnapped girl from Gregorio Gonzalez, Fresno Police said

Fresno, California, police say an alert and courageous man, Victor Perez, rescued an 8-year-old girl Tuesday morning after she was kidnapped the night before.

Police say the suspect, Gregorio Gonzalez, 24, kidnapped and molested the little girl. They say he was a gang member.

The girl was held captive for 12-hours before she was rescued.

Police showed surveillance video of Gonzalez’s truck on the media and that ultimately led to his capture and the girl’s rescue.

Perez recognized the truck from news reports and used his own car to cut off Gonzalez. Perez told KFSN-TV that it took him four tries before he was able to stop the truck

Perez said,  "At first, I didn't know if it was him or not but when he took off, I kept up with him and I cut him off three times until I caught up with him here. And I told him, that ain't your little girl man."

Gonzalez pushed the girl out of his truck and took off, Perez said. He called police while he stayed with the girl. About 40 minutes later, the California Highway Patrol later spotted the Gonzalez’s truck and arrested him without incident.

Fresno police say that in about 90% of similar cases, children are killed by their kidnappers within 24 hours.
9726  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Staff Sgt Robert J. Miller, CMH on: October 06, 2010, 08:50:52 PM

An American warrior's heroic last stand. Never forget.
9727  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: Mexico-US matters on: October 06, 2010, 08:37:02 PM

Ciudad Juarez, the sprawling Mexican metropolis of 1.3 million people across the border from El Paso, Texas, is Murder City, probably the most dangerous city in the world outside a declared war zone.

Already this year, 686 people have been murdered here. Residents hunker in trepidation. Most answer cell phone calls only from people they know to avoid random extortion attempts. Instead of going out on the town, they hold private parties — and only with close friends.

Those residents who can afford to leave have left.

"The exodus is dramatic," said Gustavo de la Rosa, the local ombudsman for the Chihuahua State human rights commission. "There are at least 20,000 abandoned houses, and maybe up to 30,000."

Americans have reason to be concerned, too. The U.S. does about $1 billion a day of trade with Mexico, and nearly one-sixth of that trade goes through the Juarez-El Paso region.

Crime in Juarez also threatens to bleed across the border. Criminal gangs working for drug cartels already operate on both sides of the border, and in a sign of the growing risks, on March 13 gunmen killed three people linked to the U.S. consulate in Juarez. The sky-high murder rate is driven by two rival groups — the Juarez cartel and the Sinaloa cartel — and their battle for control of drug smuggling into the U.S.

Read more:
9728  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: 2010 Elections; 2012 Presidential on: October 06, 2010, 06:36:58 PM
At this point, the country is like a seriously injured person with a severed femoral artery. This Nov. is our chance to apply the tourniquet. 2012 is when we can begin to address the rest of the trauma.
9729  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Economics on: October 06, 2010, 05:54:48 PM
Smartest martial arts board on the planet!
9730  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: Clinton prepares to jump from the SS Obamatanic on: October 06, 2010, 05:47:11 PM

I would guess than it is no coincidence her army of hacks are now throwing the Bamster_Billary ticket idea for 2012 into the trial balloon arena.

My thoughts exactly.
9731  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: Tax Policy on: October 06, 2010, 11:06:29 AM
There is nothing stopping anyone who wishes to voluntarily write a check to the federal or state governments from doing so.
9732  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: Cyberwar and American Freedom on: October 06, 2010, 10:43:39 AM
Yup. Part of the PLA's "Assassin's Mace" military doctrine.

According to the Pentagon’s 2007 Report on Chinese Military Power, “In 2005, the PLA began to incorporate offensive [Computer Network Operations] into its exercises, primarily in first strikes against enemy networks.”

Chinese military doctrine now includes what they call “assassin’s mace” (sha shou jian) programs which are asymmetric warfare strategies devised to take advantage of Chinese advantages in technology against vulnerabilities of potential adversaries. Cyberwar is first among equals among the assassin’s mace programs.
9733  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Privacy on: October 06, 2010, 09:51:20 AM
As stated repeatedly, I have no problem with "retail" policing, that is policing where probable cause goes before a judge, a warrant is issued, terms abided by, and so on. What I object to is wholesale privacy invasions such as tracking locational data, data mining, camera surveillance, etc. where harvested data is put together to establish probable cause rather than some prerequisite act being required to enable the invasions of privacy outlined above.

**Crimes, especially ongoing criminal conspiracies are often covertly structured to avoid scrutiny. By your standard, unless the mafia is leaving a body in your front yard, they should be ignored by law enforcement. Right?**

As to the scenario that's lead to this thread, I expect you are acquainted with instances where information provided by a snitch has proved to be false;

**Yes, which is why you INVESTIGATE any allegations made of criminal acts. This is why you are required to corroborate the information given by an informant and seek evidence of criminal acts to be presented to a judge to obtain a search/arrest warrant.**

 your pal Radley Balko has documented **You mean distorted/exaggerated/falsified**

a lot of instances where incorrect or overstated drug "tips" have lead to shooting injuries and deaths. Information, moreover, can also be wrong with no malevolent intent involved.

**Again, this is why you INVESTIGATE. People do supply incorrect information to police, sometimes with ill intent, sometimes by honest error. Either way, as as a LEO, you are morally/legally/ethically required to perform an investigation in a fair and impartial manner, which will ultimately be strictly scrutinized by a judge and jury.**

It really ought to take more that a few whispers to subject an American citizen to the kinds of scrutiny that can be unleashed these days

**It does. People that knowingly provide false information to law enforcement are usually criminally charged themselves. Major case investigations are costly in time, money and resources and all these are in especially short supply these days. They aren't undertaken lightly, and certainly not without corroboration of the initial complaint.**

, and it scares me greatly that the closeted Marxists at the helm today have access to surveillance tools that have been shown to have been casually applied by others.
9734  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Economics on: October 06, 2010, 09:14:41 AM
Paul Krugman is the very embodiment of intellectual dishonesty.
9735  DBMA Martial Arts Forum / Martial Arts Topics / Re: Citizens defend themselves/others. on: October 06, 2010, 08:19:05 AM
I would tend to think that a business that forbids it's employees from using lawful self defense would then take on liability for any victimization they might suffer as the result of the policy. I'm not aware of any caselaw to that effect, however.
9736  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Privacy on: October 06, 2010, 08:13:34 AM

The relevant aspects of the caselaw that I posted are that there is no reasonable expectation of privacy in public areas. Just as a cat can look at a king, so can a cop. Using technological devices to assist in viewing the subject in public areas is no different than an agency like the FBI using teams of surveillance specialists and aircraft to track a suspect's movements through public spaces.
9737  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Privacy on: October 05, 2010, 07:14:52 PM
Leroy Carlton KNOTTS.

No. 81-1802.

Argued Dec. 6, 1982.

Decided March 2, 1983.

Having reason to believe that one Armstrong was purchasing chloroform to be used in the manufacture of illicit drugs, Minnesota law enforcement officers arranged with the seller to place a "beeper" (a radio transmitter) inside a chloroform container that was sold to Armstrong. Officers then followed the car in which the chloroform was placed, maintaining contact by using both visual surveillance and a monitor which received the beeper signals, and ultimately tracing the chloroform, by beeper monitoring alone, to respondent's secluded cabin in Wisconsin. Following three days of intermittent visual surveillance of the cabin, officers secured a search warrant and discovered the chloroform container, and a drug laboratory in the cabin, including chemicals and formulas for producing amphetamine. After his motion to suppress evidence based on the warrantless monitoring of the beeper was denied, respondent was convicted in Federal District Court for conspiring to manufacture controlled substances in violation of 21 U.S.C. § 846. The Court of Appeals reversed, holding that the monitoring of the beeper was prohibited by the Fourth Amendment.

Held: Monitoring the beeper signals did not invade any legitimate expectation of privacy on respondent's part, and thus there was neither a "search" nor a "seizure" within the contemplation of the Fourth Amendment. The beeper surveillance amounted principally to following an automobile on public streets and highways. A person traveling in an automobile on public thoroughfares has no reasonable expectation of privacy in his movements. While respondent had the traditional expectation of privacy within a dwelling place insofar as his cabin was concerned, such expectation of privacy would not have extended to the visual observation from public places of the automobile arriving on his premises after leaving a public highway, or to movements of objects such as the chloroform container outside the cabin. The fact that the officers relied not only on visual surveillance, but on the use of the beeper, does not alter the situation. Nothing in the Fourth Amendment prohibited the police from augmenting their sensory faculties with such enhancement as science and technology afforded them in this case. There is no indication that the beeper was used in any way to reveal information as to the movement of the chloroform container within the cabin, or in any way that would not have been visible to the naked eye from outside the cabin. Pp. 280-285.
9738  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Privacy on: October 05, 2010, 05:48:20 PM
UNITED STATES of America, Plaintiff-Appellee,
Van Clark SHERMAN, Defendant-Appellant.

No. 92-30067.


C. The district court admitted a videotape of the drug transaction which occurred on a mountain pass near Helena, Montana. Although Sherman wasn't present at the transaction, and therefore wasn't featured in the tape, he argues the surveillance violated the Fourth Amendment and the Electronic Communication Privacy Act of 1986 (Title I). Sherman's Title I claim fails, because Title I doesn't regulate silent domestic video surveillance. United States v. Koyomejian, 970 F.2d 536, 540-41 (9th Cir.) (en banc), cert. denied, 113 S.Ct. 617 (1992). Such surveillance is, however, subject to the dictates of the Fourth Amendment. Id. at 541.

Although the parties frame the question as Sherman's ability to assert the privacy rights of his coconspirators who appear in the videotape, we don't decide the standing issue because we conclude none of them had a reasonable expectation of privacy. The transaction took place in plain view in a public place along a highway. Everything that was captured by the camera could just as easily have been seen by a person hiding in the trees where the camera was located. "Videotaping of suspects in public places ... does not violate the fourth amendment; the police may record what they normally may view with the naked eye." United States v. Taketa, 923 F.2d 665, 677 (9th Cir.1991); cf. United States v. Broadhurst, 805 F.2d 849, 855-56 (9th Cir.1986) (no reasonable expectation of privacy in translucent greenhouse, because activities are observable by planes and helicopters).
9739  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Privacy on: October 05, 2010, 05:06:44 PM
Please point out the part of the constitution that forbids police from surveilling suspects to determine if there is evidence of a crime.
9740  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Privacy on: October 05, 2010, 03:51:54 PM
**See, here is how it works: Law enforcement gets a tip to criminal activity. This tip is NOT probable cause. It may be valid, it may not. So you watch the suspects, looking for evidence of a crime or crimes. If you find sufficient evidence of a crime to reach the level of probable cause, you can THEN get search/arrest warrants.**

Four arrested; money, cash, vehicles, guns seized during drug raid

By Alex McRae

The Times-Herald

Weeks of undercover surveillance paid off Sunday afternoon when a raid on a Highway 16 East residence by members of the Coweta Crime Suppression Unit resulted in four drug-related arrests and the seizure of weapons, vehicles, cash and methamphetamine valued at $300,000, according to Maj. James Yarbrough of the Coweta County Sheriff's Office.

"We've been watching these suspects for a while," Yarbrough said, "Sunday afternoon it finally paid off. We're glad to get these drugs off the street."

Members of the Crime Suppression Unit had been watching the residence at 3395 Highway 16 E. in Sharpsburg for more than two months, according to Sgt. Pat Lyons of the CSU.

Three individuals resided at the home: Charles Robert Stroup, 46; Stroup's daughter, Kassandra Lee Stroup, 23; and Karen Lanell Cary, 37, described as Charles Stroup's girlfriend.

The surveillance began after authorities received an anonymous tip that led them to believe drug-related activities were taking place. Heavier than normal vehicle traffic was observed during the surveillance, and CSU officers were able to get a search warrant issued for probable cause before Sunday's bust and seizure.
9741  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Privacy on: October 05, 2010, 02:45:22 PM
**Oh look, a case that was initiated by a tip from the brits. No throwing out of the bill of rights or Jack Bauer antics required to make a case. I bet lots of surveillance by the FBI was involved, however.**

Department of Justice
Office of Public Affairs
Tuesday, October 27, 2009
Two Chicago Men Charged in Connection with Alleged Roles in Foreign Terror Plot That Focused on Targets in Denmark

Two Chicago men have been arrested on federal charges for their alleged roles in conspiracies to provide material support and/or to commit terrorist acts against overseas targets, including facilities and employees of a Danish newspaper that published cartoons of the Prophet Mohammed in 2005, federal law enforcement officials announced today. There was no imminent danger in the Chicago area, officials said, adding that the charges are unrelated to recent terror plot arrests in Boston, New York, Colorado, Texas and central Illinois.

The defendants charged in separate criminal complaints unsealed today in U.S. District Court in Chicago are David Coleman Headley, 49, and Tahawwur Hussain Rana, 48, also known as Tahawar Rana, announced Patrick J. Fitzgerald, U.S. Attorney for the Northern District of Illinois, and Robert D. Grant, Special Agent-in-Charge of the Chicago Office of the FBI. The complaints remained under seal temporarily after the defendants’ arrests, with court approval, so as not to compromise further investigative activity.

Headley, a U.S. citizen who changed his name from Daood Gilani in 2006 and resides primarily in Chicago, was arrested on Oct. 3, 2009, by the Chicago FBI’s Joint Terrorism Task Force (JTTF) at O’Hare International Airport before boarding a flight to Philadelphia, intending to travel on to Pakistan. He was charged with one count of conspiracy to commit terrorist acts involving murder and maiming outside the United States and one count of conspiracy to provide material support to that overseas terrorism conspiracy.

Rana, a native of Pakistan and citizen of Canada who also primarily resides in Chicago, was arrested on Oct. 18, 2009, at his home by federal agents. Rana is the owner of several businesses, including First World Immigration Services, which has offices on Devon Avenue in Chicago, as well as in New York and Toronto. He was charged with one count of conspiracy to provide material support to a foreign terrorism conspiracy that involved Headley and at least three other specific individuals in Pakistan.

Both men have been held in federal custody since each was arrested. If convicted, Headley faces a maximum sentence of life imprisonment for conspiracy to murder or maim persons abroad, while Headley and Rana each face a maximum of 15 years in prison for conspiracy to provide material support to terrorism.

On Oct. 18, 2009, JTTF agents executed search warrants in connection with the investigation at four locations: Headley’s and Rana’s residences on the north side of Chicago, Rana’s immigration business in Chicago, and a farm he owns in Kinsman, Ill., approximately 80 miles southwest of Chicago, which is used to provide halal meat for Muslim customers, as well as a grocery store in Chicago.

According to both complaints, since at least late 2008 until Oct. 3, 2009, as part of the conspiracy to murder and maim persons abroad, Headley allegedly identified and conducted surveillance of potential targets of a terrorist attack in Denmark on two separate trips to Denmark in January and July 2009, and reported and attempted to report on his efforts to other conspirators in Pakistan. As part of the conspiracy to provide material support to terrorism, Rana allegedly helped arrange Headley’s travels overseas and conceal their true nature and purpose to surveil potential terror targets overseas, and discussed potential targets for attack with Headley.

Headley allegedly reported and attempted to report on his overseas surveillance to other conspirators, according to the affidavits, including:

Ilyas Kashmiri, identified as the operational chief of the Azad Kashmir section of Harakat-ul Jihad Islami (HUJI), a Pakistani-based terrorist organization with links to al Qaeda. Kashmiri, who is presently believed to be in Waziristan in the Federally Administered Tribal Area (FATA) region in northwestern Pakistan, issued a statement this month that he was alive and working with al Qaeda;

"Individual A" (who is identified as Individual A in the Headley affidavit and as Individual B in the Rana affidavit), who is associated with Kashmiri, as well as with Lashkar-e-Taiba (LeT), another Pakistani-based terrorist organization;

an individual identified as "Lashkar-e-Taiba Member A" (LeT Member A), who has substantial influence and responsibility within the organization and whose identity is known to the government.

"The public should be reassured that there was no imminent danger in the Chicago area. However, law enforcement has the duty to be vigilant to guard against not just those who would carry out attacks here on our soil but those who plot on our soil to help carry out violent attacks overseas. I wish to express my deep appreciation to the FBI agents and other members of the Joint Terrorism Task Force for their extremely hard work on this matter," said Mr. Fitzgerald.

"The criminal complaints unsealed today have exposed a serious plot against overseas targets by two Chicago-based men working with Pakistani-based terrorist organizations.  Information developed during this investigation was shared with our foreign partners as we worked together to mitigate these threats. This case is a reminder that the threat posed by international terrorist organizations is global in nature and requires constant vigilance at home and abroad," said David Kris, Assistant Attorney General for National Security.

"This investigation demonstrates the well-established relationships that we have with our law enforcement partners, both foreign and domestic. We work closely with state, local and federal law enforcement agencies in the United States, as well as with our overseas partners, to identify and disrupt threats here and abroad," said Mr. Grant.

According to the affidavits in both cases, Headley at times has claimed to be a consultant with or representative of Rana’s business, First World Immigration Services, but appears to perform little if any actual work for the business. In addition, Headley’s apartment in Chicago is leased to an individual who is deceased. Despite his apparent lack of financial resources and substantial employment, Headley has traveled extensively since the second half of 2008, including multiple trips to Pakistan and various countries in Europe. Postings to an internet group for graduates of a military school in the Pakistani town of Hasan Abdal (a group that refers to itself as "abdalians"), reflect that both Rana and Headley have participated in the group and referred to their attendance at that school.

The Denmark Project

Beginning in late 2008, Headley corresponded extensively with Individual A and LeT Member A regarding what they referred to in coded communications as the "Mickey Mouse Project," "mmp," and "the northern project," according to the affidavit. The Mickey Mouse Project allegedly involved planning for one or more attacks at facilities and employees of Morgenavisen Jyllands-Posten, a Danish newspaper that in 2005 published cartoons depicting the Prophet Mohammed, to which many Muslims took great offense. In October 2008, Headley allegedly posted a message to the "abdalians" internet discussion group stating that "I feel disposed towards violence for the offending parties," referring to the Danish cartoonists and others who he identified "as making fun of Islam."

Using coded language, Rana, Headley, Individual A and LeT Member A allegedly have referred to this plot, as well as discussions of other targets, as "investments," "projects," "business," and "action," and have described their hopes for success both in terms of receiving religious awards, as well as getting "rich," "richer," and making "profit." Between August 2008 and Dec. 7, 2008, Headley sent multiple email messages from internet addresses located in Karachi and Lahore in Pakistan, the charges allege. On Dec. 7, 2008, just before traveling from Pakistan to the United States that same day, Headley alleged used one of multiple email accounts to store a detailed list of items for himself, which he titled "Mickey Mouse." Included on the list (contained in the affidavits) were the following items:

Route Design (train, bus, air)

Cross (Cover Authenticator)

Trade? Immigration?

Ad? (Lost Luggage) (Business) (Entry?)

Kings Square (French Embassy)


Counter surveillance (magic eye)


Security (armed)?

In January 2009, Headley traveled to Copenhagen, Denmark, and Rana allegedly arranged portions of his travel. During the trip, Headley allegedly visited two different offices of the Jyllands-Posten — in Copenhagen and Arhus, Denmark. The Copenhagen office is located in Kings Square near the French Embassy. Headley falsely told Jyllands-Posten employees that he was visiting on behalf of First World Immigration Services, which he said was considering opening offices in Denmark and might be interested in advertising the business in the newspaper. While in Denmark, Headley instructed Rana to be alert for an email from a Jyllands-Posten sales representative, and to ask First World’s Toronto and New York offices to "remember me," in case a newspaper representative called. According to the complaints, Rana corresponded from Chicago with a representative of the Jyllands-Posten by email in which he pretended to be Headley.

After visiting Denmark, Headley traveled to Pakistan to meet with Individual A. During this visit, Headley traveled with Individual A to Pakistan’s FATA region and met with Kashmiri. Before returning to Chicago in June 2009, Headley sent his will to Rana and Rana responded by sending a coded message establishing a new email account, the complaint alleges.

In July and August 2009, Headley exchanged a series of emails with LeT Member A, including an exchange in which Headley asked if the Denmark project was on hold, and whether a visit to India that LeT Member A had asked him to undertake was for the purpose of surveilling targets for a new terrorist attack. These emails reflect that LeT Member A was placing a higher priority on using Headley to assist in planning a new attack in India than on completing the planned attack in Denmark. After this time, Headley and Individual A allegedly continued focusing on the plan with Kashmiri to attack the newspaper, rather than working with LeT, the complaint alleges.

In late July 2009, Headley traveled again to Copenhagen and to other locations in Europe, and Rana again arranged portions of his travel. When Headley returned to the United States, he falsely told border inspectors that he was traveling on business as a representative of First World Immigration, although his luggage contained no papers or other documents relating to First World.

After returning to Chicago in August 2009, Headley allegedly used coded language to repeatedly inquire if Individual A had been in touch with Kashmiri regarding planning for the attack, and expressing concern that Individual A’s communications with Kashmiri had been cut off. In early September 2009, Headley and Rana took a lengthy car ride during which they discussed the activities of the other individuals, including past terrorist acts, and Headley discussed with Rana five actions involving targets that expressly included "Denmark." In conversations with Rana and Individual A in August and September 2009, Headley indicated that if the "doctor" (alleged to be a reference to Kashmiri) and his people were unable to assist, then Headley would perform the planned operation himself.

In September 2009, after initial press reports indicated that Kashmiri had been killed in a drone attack in Pakistan, Headley and Individual A allegedly had a series of coded conversations in which they discussed the reports of Kashmiri’s death and what it meant for the projects they were planning. Individual A sought to reassure and encourage Headley, telling him, among other things, that "[t]his is business sir; these types of things happen." On Sept. 20, 2009, Headley allegedly told a family member words to the effect that he had spoken to Rana and they agreed that "business must go on."

In a Sept. 21, 2009, telephone conversation, Individual A indicated to Headley that Kashmiri was alive and "doing well." In a subsequent conversation on Sept. 30, 2009, Individual A again assured Headley that Kashmiri, whom he referred to as "Pir Sahib," was "absolutely all right" and had not gotten "married," which was code for being killed. Headley asked Individual A if it was possible to now have a meeting with Kashmiri and Individual A responded that Kashmiri "just today, was asking about you" (Headley).

According to the affidavit, Headley stated in conversations last month that he intended to travel to Pakistan in early October to meet with Individual A and Kashmiri, and he was arrested on Oct. 3 as he prepared to board a flight from Chicago to Philadelphia, intending to travel on to Pakistan. During a search of Headley’s luggage, a memory stick was recovered that contained approximately 10 short videos of Copenhagen, including video focused on the Jyllands-Posten building in King’s Square taken both during the day and night, as well as a nearby Danish military barracks and the exterior and interior of Copenhagen’s central train station, consistent with the checklist he stored which mentioned "route design." In addition, Headley had an airline reservation, allegedly made by Rana, to fly from Atlanta to Copenhagen on Oct. 29, 2009.

The investigation is continuing and is being conducted by the Chicago FBI Joint Terrorism Task Force, with particular assistance from the Chicago Police Department, the Illinois State Police and the Department of Homeland Security.

The prosecution is being handled by Assistant U.S. Attorneys Daniel Collins and Vicki Peters from the Northern District of Illinois, with assistance from the Counterterrorism Section of the Justice Department’s National Security Division.

The public is reminded that a criminal complaint contains mere allegations that are not evidence of guilt. The defendants are presumed innocent and are entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
9742  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Privacy on: October 05, 2010, 02:37:37 PM
Be sure to let me know when you come up with a valid argument.
9743  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: Mexico-US matters on: October 05, 2010, 01:43:43 PM
Good thing we've secured that southern border..... 
9744  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Privacy on: October 05, 2010, 01:31:04 PM
Ok, you are are a LEO tasked with counterterrorism duties. A friendly european law enforcement agency tips you to a resident of your city. They believe that the individual in question is running multiple AQ cells in both the US and europe. They either do not have or are not willing to share the evidence that makes them believe this. How do you get a warrant to place this person under surveillance?
9745  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: california on: October 05, 2010, 12:43:56 PM,0,5787669.story

More than $69 million in California welfare money, meant to help the needy pay their rent and clothe their children, has been spent or withdrawn outside the state in recent years, including millions in Las Vegas, hundreds of thousands in Hawaii and thousands on cruise ships sailing from Miami.

State-issued aid cards have been used at hotels, shops, restaurants, ATMs and other places in 49 other states, the U.S. Virgin Islands and Guam, according to data obtained by The Times from the California Department of Social Services. Las Vegas drew $11.8 million of the cash benefits, far more than any other destination. The money was accessed from January 2007 through May 2010.

Get breaking news alerts delivered to your mobile phone. Text BREAKING to 52669.

Welfare recipients must prove they can't afford life's necessities without government aid: A single parent with two children generally must earn less than $14,436 a year to qualify for the cash assistance and becomes ineligible once his or her income exceeds about $20,000, said Lizelda Lopez, spokeswoman for the Department of Social Services.

Round-trip flights from Los Angeles to Honolulu on Sunday started at $419 — more than 80% of the average monthly cash benefit for a single parent of two on CalWorks, the state's main aid program.

"How they can go somewhere like Hawaii and be legit on aid … they can't," said Robert Hollenbeck, a fraud investigator for the Fresno County district attorney's office. "This is money for basic subsistence needs."

The $387,908 accessed in Hawaii includes transactions at more than a thousand big-box stores, grocery stores, convenience shops and ATMs on all the major islands. At least $234,000 was accessed on Oahu, $70,626 on Maui, $39,883 on Hawaii and $22,170 on Kauai.

The list includes $12,433 spent at the upscale Ala Moana shopping center, $3,030 spent at a group of gift shops next to Jimmy Buffett's Beachcomber restaurant on Waikiki Beach and $2,146 withdrawn from ATMs on the island of Lanai, home to a pair of Four Seasons resorts and little else.

"If it's on Lanai, that should trigger an investigation," said Jon Coupal, president of the Howard Jarvis Taxpayers Assn. "California taxpayers, who are struggling to keep their own jobs, are subsidizing other people's vacations. That's absurd."

Of the nearly $12 million accessed in Las Vegas, more than $1 million was spent or withdrawn at shops and casino hotels on, or within a few blocks of, the 4.5-mile strip. The list includes $8,968 at the Tropicana, $7,995 at the Venetian and its Grand Canal Shoppes, and $1,332 at Tix 4 Tonight, seller of discount admission for such acts as Cirque du Soleil.

Although many Las Vegas casinos block the use of welfare cards in ATMs on gambling floors, more than $34,700 has been spent or withdrawn from the ATM at a 7-Eleven in the shadow of Steve Wynn's new Encore casino and a couple of blocks south of Circus Circus.
9746  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: Political Economics on: October 05, 2010, 12:16:27 PM
The dem's class warfare is boosting investment..... overseas. Anyone notice that Steve Wynn has moved most of his company to asia?
9747  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Tax hikes to drive a second collapse? on: October 05, 2010, 09:13:29 AM

Congress left Washington without addressing the massive tax hikes that will come at the end of the year as the tax-rate reductions of 2001 and 2003 expire.  Absent action on Capitol Hill, those increases will take $4 trillion out of the economy over the next ten years — and even if the lower tax bracket reductions get extended, $700 billion of capital will get redirected from the private sector to Washington.  How will that impact economic growth in the US?  Peter Ferrara argues that it will create not just a double-dip recession, but a second economic collapse — one worse than what we experienced in 2008.
9748  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: Government programs & regulations, spending, budget process on: October 05, 2010, 08:07:33 AM

This chart by Mercatus Center Senior Research Fellow Veronique de Rugy examines likely options for the long-term cost of carrying the debt held by the public if investors begin to demand higher interest rates.   This chart compares the Congressional Budget Office Alternative projection of net interest costs, which incorporates likely policy changes while assuming that the interest remains constant at just below 5%, with these same projections at long-term interest rates of 6% and 7%.  At an interest rate of 6%, the interest cost of the debt balloons to 59.8% of GDP by 2084, at an interest rate of 7%, this cost more than doubles to 136% by 2084.

United States debt is primarily held short-term, and had long-benefitted from low interest rates due to its level of security relative to other sovereign debt
9749  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / My kinda rabbi ! on: October 04, 2010, 06:51:01 PM,7340,L-3963762,00.html

New halachic study says seducing enemy agents for the sake of national security is 'going above and beyond' and an 'utmost mitzvah'
9750  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: The Price of Tyranny on: October 04, 2010, 11:27:30 AM
China, like S. Korea worries about the flood of refugees from the collapse of the NorKs.
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