via Tampa votes to ban loud car music | Breaking Tampa Bay, Florida and national news and weather from Tampa Bay Online and The Tampa Tribune | TBO.com.

It seems that the esteemed Tampa City Council gave preliminary approval Thursday to an ordinance that would impose hefty fines and even jail time on drivers who “blast their music systems to the annoyance of their neighbors.”

The ordinance would apply 24 hours a day and cover vehicles that emit sounds clearly audible from 50 feet away.  Tampa police will enforce the ordinance (imagine that!!) with the help of the city’s Code Enforcement staff.

Sen. Arthenia Joyner, the Tampa Democrat who represents many of the people asking the council for relief on Thursday, voted against the bill because she felt its focus on loud music amounted to racial profiling of black and Hispanics. She also argued that music booming from passing cars is a momentary inconvenience.

Councilman Frank Reddick, who demanded the noise ordinance two weeks ago, was undeterred.  “Make it strong,” Reddick said. “Let them challenge it.”

Under the current draft, first-time violators would get a $250 ticket, $400 for a second offense. The third offense could mean a $500 fine and/or 60 days in jail.

Those punishments proved too much for Councilwoman Lisa Montelione, who voted against the ordinance.  Montelione argued that jail time is too heavy-handed.

Here’s the deal, folks.  The Fourth Amendment provides that we have the right to be LEFT ALONE.  Cops and legislators are constantly trying to find ways around that, so that they can search you, your home, your car – and have that search upheld in court.  I’m not condoning possession of something you should not have, but I am a big proponent of the protection of our Constitutional rights against government intrusion.

In my opinion, this is exactly what is going on here:  JAIL TIME for a loud speaker? If you get taken to jail, then the coppers get to do an “inventory search” of your car before it gets towed.  Viola, a perfectly legal search.  Then the black folks and Latino folks who are being targeted by this, well, they get their car back with the seats ripped up, car doors pulled apart, the works.  [Don't tell me that does not happen; when you have countless people sit across from you and tell you that same story over and over, you start to believe it.]  It seems as if Sen. Joyner and Councilwoman Montelione caught on to what this is all about.

My father always rhetorically pondered, “Where do my rights end, and your rights begin?”  (He was fond of then holding out his fist, shaking it and saying “Right on the end of your nose!”)  This is well beyond an issue of common decency and respect for others.  We know government can’t “legislate morality”, or should not try to do so.  If this noise issue is so bad, then a fine at most would solve the problem, and I’m not saying I agree to that in every circumstance.  But this being able to pull someone over and take them to jail for playing loud music smacks of unreasonable governmental intrusion, which will result in – surprise – Tampa Police making more drug arrests.

So, all I can to is advise all you young uns to turn down your stereo . . . and the Fourth Amendment dies a little bit more.  Sorry, gang.  I’ll see you at the funeral.

via Tampa votes to ban loud car music | Breaking Tampa Bay, Florida and national news and weather from Tampa Bay Online and The Tampa Tribune | TBO.com.

via And the Fourth Amendment dies a little bit more.

http://www.nytimes.com/2013/05/15/us/legal-limit-drunken-driving-safety-board.html?smid=pl-share

that the NTSB is recommending reducing the “legal limit” to .05.

Dear Fed: please go back to wiretapping AP reporters, and leave breath alcohol to the States.

Right now, Florida law says that some one whose breath alcohol is between .05 and .08 is not presumed impaired, nor presumed sober. In other words, you can’t rely on the BAC, but have to look at other evidence. That means that someone with at .05 could not be DUI.

If the NTSB gets it’s way, then currently LEGAL driving would become illegal. And that would totally bring down the party.

Round 2: MADD lobbyists v American Beverage Institute lobbyists. May the deepest pockets win. Meanwhile, I’m looking for new beachfront real estate to buy with all the .05 DUI money I stand to make.

I remember as a prosecutor, him regularly coming to court and telling the judge “I talked to Mr. [SAO chief's name]. . .”, which meant he knew he had a deal before you did! Nonetheless, none of us young prosecutors ever questioned Pete’s integrity – if he said it, it was true.

He was a gentleman and helped tons of folks over the years. What a great legacy. Rest in peace, Pete.

Read more about Pete here.

Reblogged from crimcourts : A Criminal Law Blog:

• 

Connecticut Law Student Anya Bargh was arrested and charged with Harassment and breach of the peace for a series of online statements she has made. They were definitely in poor taste, some offensive, but there was not a pattern of conduct over time that would usually warrant a harassment charge. I won't repeat them, but you can see what she said in…

Read more… 167 more words

Smallwood v. State, 38 Fla. L. Weekly S271a (Fla. May 2, 2012)

Criminal defense attorney Brian Gonzalez said he is at the courthouse five days a week at 8 a.m., leaving for the lunch break at noon and returning for the afternoon court sessions at 1:30. He points out that the state attorney’s and public defender’s offices are also downtown, where employees can easily push case files to the courthouse and back.“It would be gridlock to try to get out there in the mornings and afternoons,” Gonzalez said, referring to Falkenburg Road. “That would be the most insane thing I have ever seen for the 29 years I’ve been practicing criminal law.”

via Jury out on moving court to relieve overcrowding | Breaking Tampa Bay, Florida and national news and weather from Tampa Bay Online and The Tampa Tribune | TBO.com.

It’s an art, that’s what it is.

Wikipedia defines it as “the branch of knowledge concerned with making attorneys and other advocates more effective in trial proceedings.”

If you want to see some great examples of trial advocacy teaching, visit Professor Charles Rose’ YouTube channel.

Attorneys never stop learning and trying to improve – that’s why they call it the practice of law.

Reblogged from In America:

• 

By Moni Basu, CNN

(CNN) -- Suzan Shown Harjo remembers when she walked into a store with her grandfather in El Reno, Oklahoma. She wanted to get something cool to drink on a summer day. It was the early 1950s and the storekeepers told the 6-year-old she had to leave.

“No black redskins in here,” they said.

At that moment, Harjo felt small, unsafe, afraid.

Read more… 1,759 more words