Police State America

Submitted By: Mike Spindell, Guest Blogger

Hill_Street_Blues_CastI have written some guest blogs in the past dealing with aspects of the issue of America becoming a Police State and will link to them at the end of this piece. There are so many issues that call for our concern and attention in this country today, that dealing with the entire dysfunctional state of our country becomes daunting due to the wealth of material. Finally, the stories on a given issue multiply in such a way that their effect is a realization across all political lines that enough is enough. The issue of our country’s continuing descent into a”Police State” equaling all we know of the vile systems in the USSR and the former East Germany is an issue that concerns me.. The situation is  dire and the consequences have produced not only horrible injustices, but also the many unneeded maiming and deaths of innocent individuals. Our country imprisons more people per capita than any other country in the world by far. Part of the reason for that is the “War on Drugs” an abject failure that falls most heavily upon people with low incomes and people of color. One such incident caused Professor Turley to pen two blogs this week. They were about a man falsely suspected of drug possession who had all his bodily orifices and cavities checked in the local Arizona police’s vain attempt to find evidence of guilt. None was found and the procedures were not only traumatic, but invasive. Thus the “War on Drugs” is one major contributing force to turning our country into a Police State.

Another contributing Police State factor has been the Federal Government militarizing our local police forces. I’ve written about this as well and will link at those blogs at the end as well. Somewhere along the line, certainly hastened by 9/11 it appeared a necessity to some that are police should be turned from officers of the law into a paramilitary occupying army. There is a great distinction between an officer of the law and a paramilitary trooper. An officer of the law the way I see it, is empowered to enforce the criminal law in ways of lawful conduct that are deemed permissible via our Constitution and Statutes.  Thus an officer of the law should be a citizen like the rest of us and in the performance of their jobs should respect the rights of the citizenry. A paramilitary trooper by definition perceives themselves operating in a hostile environment and so everyone in that environment that is not of their army is a potential “hostile”. This unerringly begets a certain level of brutality when dealing with the populace, because from a paramilitary perspective people are presumed guilty, until they are proven innocent. We have seen and I have documented in guest blogs that vast sums of money have come in from the Federal Government to help create paramilitary SWAT teams. Once created, the uses for these teams multiply far beyond their original purpose, because having a tool inevitably causes its usage. After the split I will discuss yet a third factor that adds to this police state mentality, but first I’d like to express the following. The issue of our country becoming a Police State should not be and is not a partisan issue. Just from the opinions of people who follow this blog and comment, we see general agreement that these police tactics violate our Constitution and our innate sense of propriety. We may not all agree on most aspects of government policy, but I would hope we can agree on the proper manner in which our law officers should enforce the peace. Continue reading “Police State America”

Our Insane War on Drugs

Submitted By: Mike Spindell, Guest Blogger

Harry_Jacob_AnslingerI’m going to use what has become a cliché to open up this piece. “The definition of insanity is doing the same thing that has failed over and over again.” Often clichés are expressions of reality that nevertheless express problems faced by generation generations and generations of human beings. In my opinion “The War on Drugs” is not only an abysmal failure, but has gone a long way towards destroying the social fabric of this country and corrupting the efforts of law enforcement, by manufacturing a “problem” that they are pressured to solve. The idea for writing this came to mind this week at my local drug store. My wife had sent me for a decongestant that contains pseudo-ephedrine to treat a persistent cold. These medications which were formerly as matter of course located in the Cold and flu section are by law now kept behind the prescription counter. To make my purchase I had to produce a driver’s license, whose number was duly entered into a computer and sign an affirmation form digitally. Now since I was a loyal viewer of “Breaking Bad” I understood why this was seen to be necessary by the government. Pseudo-Ephedrine is used in one common formula to “cook” Chrystal Methedrine, or “Speed”. The idea that I, a 69 year old greybeard, should be recorded as a potential cooker of “meth”, is so ludicrous that it caused me to think about the whole process of drug interdiction that is the result of the War on Drugs.

The reach of the War on Drugs goes far beyond the control of formerly non-controlled substances and has affected and limited the way Doctors prescribe for their patients. This prescription oversight ever expands the categories of controlled substances and puts every physician under undue government surveillance. To illustrate the silliness of this, from my own experience, let me relate that in 2010 I underwent 3 major, life-threatening operations within a 4 month period. After each operation which involved cutting my chest open (the middle one was a heart transplant) in the Surgical Intensive Care Unit I was being given unlimited dosages of morphine to deal with my pain. In each instance after an operation, after two days, I would refuse the morphine because it was affecting my thinking and the pain without it was tolerable. In each instance after practically having to forcefully deny the proffered morphine in the morning, my request for Xanax that evening to help me sleep was denied, even though my Surgeon had prescribed it. This required a late hour call to the Doctor on call to prescribe it. The nurse was only following procedure, but the scrupulousness of the procedure is the result of the War on Drugs. Physicians now treating people for various pain symptoms are now under very close scrutiny regarding the medications they prescribe. To me this is nonsensical, given that addicts always find ways to get their drugs no matter what strictures are put into place. What follows is my examination of the premises behind the War on Drugs, its affect on all of us and my solution to this “problem”. Continue reading “Our Insane War on Drugs”

Ohio Lawyer Fights To Retain License After Disclosure That He Had Affair With The Wife Of Client On Trial For Murder

DNA, Robert J. Caulley, ODRC photoarticle-2488871-193CBB3C00000578-184_306x423How would you like to be up for a double murder and then learn that your lawyer was sleeping with your wife during the trial? That is what Robert Caulley learned after he was sentenced to 25 years to life for the murder of a father and mother. Then he learned that his now ex-wife (no surprise there) was sleeping with his lawyer, James D. Owen. Owen is now trying to keep his license while admitting that he violated the core ethical rules governing our profession. Not only did he have an affair with the wife of a client, but could be viewed as having an incentive to shackle the cuckold. If his client were to lose, it could be viewed as a good way to get rid of an inconvenient husband.

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Dead Drunk: Polish Man Passes Out Drinking . . . Wakes Up In Body Bag Awaiting An Autopsy In Morgue

120px-Toe_tagThere is an interesting potential tort action out of Poland. In the United States, there is heightened liability standards for the mishandling of corpses. However, what if you mishandle a person who you thought was a corpse? That is what happened to Marek Michalski, 56, who drank himself into a stupor and passed out on a bench in Pieotrkow, Poland. He was assumed dead and bagged and sent to the morgue. He woke up in a body bag in the morgue and had to roll off a table to free himself from the body bag.

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Missouri Police Repeatedly Shoot Man With Tasers And Arrest Him To Prevent Him From Rescuing His Three-Year-Old Son From Fire

article-2491452-19429BE500000578-935_634x708People in Louisiana, Missouri are angry today about the treatment of a step father, Ryan Miller, who was shot with a taser by police officers to prevent him from trying to save his three-year-old stepson, Riley Miller (on the right in the picture), from a raging fire. The fire department refused to enter the building as too dangerous but Ryan Miller wanted to try. He never got his chance. He was shot by two officers with three tasters and handcuffed. He was then taken to jail, though no charges were filed. Riley Miller burned to death.

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Close Enough For Government Work? Sebellius And The Irrelevance Of Job Performance

220px-Kathleen_Sebelius_official_portraitBelow is my column today on the continuing problems with the Affordable Care Act.  I believe some national health care plan was needed.  However, before passage, I spoke on Capitol Hill and criticized the poor drafting of the Act as well as the constitutional concerns over the federalism issues.  I was most surprised by simply the poor shape of the massive bill.  It was rushed through Congress to avoid having to go back to the Senate after the death of Ted Kennedy.  The result was many poorly considered provisions.  For that reason, I expected (particularly after the expenditure of such a huge amount) that the rollout would be done with particular care. I was shocked by the gross negligence shown by the Administration.  Health and Human Services Secretary Kathleen Sebelius repeatedly assured Congress and the public that the system was ready after almost a half billion dollars in federal funds and years of preparation.  She never informed Congress that her top tech officer (who has now resigned) refused to sign off on the program due to concerns of the lack of full testing and that various experts expressed doubts about the launch.  However, Sebelius and her aides insisted on effectively launching in the blind.  Putting aside how one may feel about national health care, this would seem an objective measure of the lack of performance.  This was the single most important task not just for Sebellius but the Administration and it was a failure.  For those who have fought hard for health care, the failure played into the hands of critics.   Yet, with a program named after a Democratic President, there seems an unwillingness to separate the merits of Obamacare from the poor administration of the rollout of the program. While officials are now profusely apologizing, it seems that (unlike most citizens) high-ranking officials are immune from performance based termination.  That is the subject of the column in USA Today.

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California Lawyer Turns On Wife In Bizarre False Imprisonment Case

We previously discussed the case of Kent and Jill Easter, two California lawyers arrested for allegedly planting drugs in the car of a nemesis on the PTA board. The case has turned even more bizarre with Kent Easter blaming Jill Easter for the crime. The couple is separated and, after the arrest, Kent Easter learned that his wife was involved in an affair.

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Office Depot Allegedly Threatens Reddit Over Parody Of Company Logo

USRrFNFm-1.pngWe have often discussed the abusive expansion of copyright and trademark laws. This includes common phrases, symbols, and images being claimed as private property. (here and here and here and here and here and here and here and here and here). (For a prior column, click here) This trend is being fueled not only by powerful lobbyists who sometimes seem like they control both Congress and the White House but law firms that have made this a virtual cottage industry. There are a large number of law firms on retainer to bring these actions and artists and companies that do little to limit them. The latest example was brought to light by the good people at Techdirt which posted a Digital Millennium Copyright Act (DMCA) letter to Reddit informing them that they had violated copyright laws with a posting of an individual known as heisenberg69 with this image satirizing Office Depot.

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New Mexico Man Stopped For Minor Traffic Violation and Given Digital and Surgical Anal Exams Is Charged $6000 By The Hospital For His “Medical Care”

220px-PVC-HandschuhYesterday, we discussed the horrific allegations against police from Deming, New Mexico and the medial staff of Gila Regional Medical Center in Silver City, N.M. They (and others including the local prosecutor) allegedly conducted repeated digital anal searches of man stopped for a minor traffic violation and then performed multiple enemas and a colonoscopy in search of drugs. David Eckert has sued for both compensatory and punitive damages. However, I learned today that in addition to the alleged physical abuse, he was sent a $6000 bill from the hospital for the involuntary colonoscopy.

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Kentucky Teen Withdrawals From Sport Competition Rather Than Wear Bib Number “666”

220px-The_number_of_the_beast_is_666_Philadelphia,_Rosenbach_Museum_and_LibraryWe have previously seen employees give up their jobs over the purely coincidental use of the number “666” on standard employment forms. Now a Kentucky teenager Codie Thacker has withdrawn from a regional cross country race because she was randomly generated a bib number of “666.” It raises the question again whether companies or schools or events should accommodate such objections.

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New Mexico Police Allegedly Stop Man For Minor Traffic Violation And Use Repeated Digital and Surgical Anal Examinations To Find Drugs . . . And Find Nothing

125px-Flag_of_New_Mexico.svg220px-PVC-HandschuhThere is a highly disturbing case out of New Mexico where David Eckert has filed a federal case against  the Hidalgo County Sheriff’s Office, police officers with the City of Deming and medical professionals at the Gila Regional Medical Center.  Eckert was stopped on a minor traffic violation and accused by an officer of holding his buttocks.  What followed was a nightmare where officers and doctors subjected Eckert to outrageous abuse as they searched for drugs or contraband in his body.

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A Few Good Dolphins? New Report Says Coaches Told Incognito To Toughen Up Martin

220px-A_Few_Good_Men_poster250px-Richie_Incognito_only_MIA_vs_OAK_008The bullying scandal at the Miami Dolphins is taking a dangerous turn for the franchise. A new report states that coaches told suspended lineman Richie Incognito to “toughen up” teammate Johnathan Martin after the latter player missed part of the team’s offseason workout program. Since Incognito already had a reputation for violence and dirty play, such an order would raise a serious question of management knowledge and implied approval of the treatment of Martin. It is a football version of the premise of a Code Red in “A Few Good Men.”

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