The Courts

United States v. Apple: Finding Common Ground

Steve Spingola published this article at Right Wisconsin. To see the content, please use this link:

http://www.rightwisconsin.com/perspectives/Finding-Common-Ground-on-Apple-v-US-Government-370861061.html

————————————
Steve Spingola is a retired Milwaukee Police Department homicide lieutenant, an author, and an investigator for TNT’s Cold Justice. His latest book, “Best of the Spingola Files, Vol. 1 & 2,” is available at Amazon.com


Police Use of Orwellian Technology Raises Red Flag

Steve Spingola published this article at Right Wisconsin. To see the content, please use this link:

http://www.rightwisconsin.com/perspectives/Police-Use-of-Orwellian–367577431.html

In response to this post, a vigorous debate between the cops of yore and those of the job today occurred on Facebook (please see the link):

https://www.facebook.com/steve.spingola/posts/1290292374319479?pnref=story

——————————————
Steve Spingola is a retired Milwaukee Police Department homicide lieutenant, an author, and an investigator for TNT’s Cold Justice.


The Rise of America’s Star Chamber

Yesterday, in a landmark ruling, the U.S. Supreme Court legalized same sex marriage in all 50 states and, as a result, nullified the votes of over 50 million Americans who had previously voted to affirm traditional marriage.

It is difficult to comprehend the Court’s legal rationale behind its decision. After all, marriage is mentioned absolutely nowhere in the Constitution. The intent of the Fourteenth Amendment, which became the law of the land 1868, was to grant citizenship, as well as civil and legal rights, to former slaves after the Union’s victory in the Civil War. Moreover, the Tenth Amendment, which, the last time I checked, was still a part of the Bill of Rights, states, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

Nonetheless, the Court’s ruling on same sex marriage likely set in motion a process that would have eventually occurred vis-à-vis the democratic process. A majority of Americans, including most of the staff at SF, would have supported a measure extending such legal rights had they appeared on a ballot.

Still, the Court’s action in this case has, in essence, turned the U.S. Supreme Court into a de facto Star Chamber — a legal institution with roots in sixteenth century England that was used as a political weapon.

At least in the case of same sex marriage, SCOTUS developed a legal precedent — where none previously existed — to expand the liberties of Americans, which is a good thing. The Star Chamber mentality, however, could one day be used as a precedent to usurp constitutional liberties that actually exist, such as Second Amendment restrictions.

The way things currently stand, the Court is only one vote a way from having a left-wing majority, a transformation that might become a reality if the Democrat Party or Jeb Bush prevail in the next presidential election. Certainly, we know what type of justices the Clintons have appointed, Ginsberg and Breyer, while the Bush family has selected an activist liberal, David Souter, and the Court’s current Chief Justice, John Roberts, a jurist who apparently believes that words in the English language have no meaning.

If and when the Court moves to the left, one can easily imagine a federal lawsuit to establish a national gun registry, the first step on the slippery slope to European-style firearms confiscation.

And make no mistake about it, the same cabal of leftists — those who steadfastly claim that the nation lacks the resources or the wherewithal to identify and deport 15 million unlawful immigrants — will use this gun registry to identify, regulate, and/or eventually seize 160 million firearms. Moreover, it is not difficult to ascertain the left’s justification, including the mantra that each round discharged from a firearm emits carbon and, therefore, contributes to climate change.

So, although gay Americans now enjoy the same rights and privileges to marry the person of their choosing, it is important to keep an eye of the rise of America’s Star Chamber.
——————————————————————————
Steve Spingola is an author and a retired Milwaukee Police Department homicide detective.

His latest book, Best of the Spingola Files, Volumes I & II, is now available at Amazon.com.

If your organization is on the lookout for an outstanding guest speaker, please consider the Spingola Files’ Psychology of Homicide presentation.

© Steven Spingola, Wales, WI, 2015


Roadblocks, Buccal Swabs, and Big Brother-Policing

raodblock

Over the course of the past week, SF has received a handful of inquiries concerning a bizarre, new law enforcement tactic: stopping motorists at roadblocks and then asking — some would say demanding —  that driver’s submit to have the interior of their mouths swabbed.

Yesterday, RT reported that the LAPD will set-up roadblocks and supposedly ask motorists to “consent to a voluntary portable oral fluids test of their gum line and cheeks” on New Year’s Eve.

http://rt.com/usa/portable-drug-test-lapd-902/

Some of those who’ve contacted SF asked how such roadblocks and searches could take place in the United States — in “the supposed the land of the free.”  Another wrote that “roadblocks are something I’d expect to see in China, not in America.”

The U.S. Supreme Court, however, sees roadblocks differently.  In the summer of 1990, the high court held, by a 6-3 vote, that “sobriety checkpoints” (i.e. roadblocks) were legal.  This decision was more or less authored by now deceased Chief Justice William Rehnquist, who was raised in Shorewood, Wisconsin; whereby, the court held that roadblocks did, in essence, violate the Fourth Amendment, but this violation of the Bill of Rights is minor.

Ironically, when the government violates the Bill of Rights for the ‘public good’ the courts pretty much cover for its agents.  That being said could one only imagine what would happen to a citizen, like Edward Snowden, should they make a similar argument in court.  After all, Snowden proved that officials from the Obama administration and the NSA had lied, under oath, to members of Congress. A hunch tells me that, should he ever return to the United States, the Supreme Court will not be as kind to him as they were to roadblocks.

As far as the use of buccal swabs to gather evidence at roadblocks, this is a fairly recent law enforcement phenomenon.  In a previous post, SF spotlighted some of these highly controversial stops, which appear to be funded, in part, by grants from the National Highway Traffic Safety Administration (NHTSA).

http://www.badgerwordsmith.com/spingolafiles/2013/12/19/its-time-to-stop-feeding-the-beast/

NHTSA is a bureaucratic agency the continually lobbies Congress to pass more intrusive, Big Brother-type laws.  Earlier this year, NHTSA demanded that automakers install “black boxes” in each vehicle that record virtually every function of the driver.  Police officers will soon be provided equipment, paid for with federal grant money, to search these boxes whenever an exigent circumstance presents itself (i.e. an accident or a moving violation) or with a court order.  Earlier this year, NHTSA announced its support to have the alcohol limit lowered to .05 percent of blood alcohol content.

http://www.theharrisburglawyers.com/2013/05/nhtsa-recommends-reducing-blood-alcohol-content-for-driving-under-the-influence-charges-from-08-to-05-but-is-safety-the-consideration/

Under the proposed NHTSA guidelines, a 180 pound man, who has not eaten a full meal, would reach 0.05 after consuming three beers in 90 minutes.  A 135 pound woman, who had not eaten a full meal, would near 0.05 if she consumed two beers in 90 minutes.

In all reality, unless something changes, the writing — about where all of this is heading — is already on the wall: absolute sobriety for ALL persons operating a motor vehicle of any kind and the collection of human DNA by the government at birth.  SF predicts that, should present technological trends go unchecked by lawmakers, and public complacency continues, these two laws will be on the books in most states by 2025.

Note: In Wisconsin, state law currently prohibits law enforcement from using roadblocks.

———————————————————————————————-

Steve Spingola is an author and retired Milwaukee Police Department homicide detective. His latest book, Best of the Spingola Files, Volumes I & II, is now available at Amazon.com.

If your organization is on the lookout for an outstanding guest speaker, please consider the Spingola Files’ Psychology of Homicide presentation.

For more information, visit www.badgerwordsmith.com and click the “seminars & presentations” icon.

© Steven Spingola, Wales, WI, 2013


Common Sense Policies Protect the Public and Taxpayers

To view this article, please checkout Best of the Spingola Files, Vol. II: Here’s Looking at You, available exclusively at Amazon.com in December of 2012.

———————————————————————————————————–

Steve Spingola is an author and retired Milwaukee Police Department homicide detective. His new book, Best of the Spingola Files, Vol. I, is now available at Amazon.com.

If your group is in need of a fascinating guest speaker, consider the Spingola Files Psychology of Homicide presentation.  For more information, visit

www.badgerwordsmith.com/the_psychology_of_homicide_presentation.html

or

www.badgerwordsmith.com/books.html

© Steven Spingola,Wales, WI, 2012


Is the U.S. Department of Justice Targeting the Views of Military Veterans?

To view this article, please checkout Best of the Spingola Files, Vol. II: Here’s Looking at You, available exclusively at Amazon.com in December of 2012.

————————————————————-

Steve Spingola is an author and retired Milwaukee Police Department homicide detective. His new book, Best of the Spingola Files, is now available at Amazon.com.

If your group is in need of a fascinating guest speaker, consider the Spingola Files Psychology of Homicide presentation.  For more information, visit www.badgerwordsmith.com/the_psychology_of_homicide_presentation.html

or

www.badgerwordsmith.com/books.html

© Steven Spingola,Wales, WI, 2012


Update: Circuit Court Orders Brandon Raub’s Release

To view this article, please checkout Best of the Spingola Files, Vol. II: Here’s Looking at You, available exclusively at Amazon.com in December of 2012.

———————————————————————————-

Steve Spingola is an author and retired Milwaukee Police Department homicide detective. His new book, Best of the Spingola Files, is now available at Amazon.com.

If your group is in need of a fascinating guest speaker, consider the Spingola Files Psychology of Homicide presentation.  For more information, visit www.badgerwordsmith.com/the_psychology_of_homicide_presentation.html

or

www.badgerwordsmith.com/books.html

© Steven Spingola,Wales, WI, 2012


Feds Seize Former Marine, Eagle Scout for Facebook Posts

To view this article, checkout Best of the Spingola Files, Vol. II: Here’s Looking at You coming to Amazon.com in December 2012.

————————————————————-

Steve Spingola is an author and retired Milwaukee Police Department homicide detective. His new book, Best of the Spingola Files, is now available at Amazon.com.

If your group is in need of a fascinating guest speaker, consider the Spingola Files Psychology of Homicide presentation.  For more information, visit www.badgerwordsmith.com/the_psychology_of_homicide_presentation.html

or

www.badgerwordsmith.com/books.html

© Steven Spingola,Wales, WI, 2012


One Woman’s Willingness to Stand-Up to Orwellian ID Act

To view this article, please checkout Best of the Spingola Files, Vol. II: Here’s Looking at You, available exclusively at Amazon.com in December of 2012.

————————————————————————————————————

Steve Spingola is an author and retired Milwaukee Police Department homicide detective.

If your group is in need of a fascinating guest speaker, consider the Spingola Files Psychology of Homicide presentation.  For more information, visit www.badgerwordsmith.com/the_psychology_of_homicide_presentation.html

© Steven Spingola, Wales, WI, 2012


Constitution 1, Big Brother 0–Top of the Second

To view this article, please checkout Best of the Spingola Files, Vol. II: Here’s Looking at You, available exclusively at Amazon.com in December of 2012.

———————————————————————–

Steve Spingola is an author and retired Milwaukee Police Department homicide detective.

If your group is in need of a fascinating guest speaker, consider the Spingola Files Psychology of Homicide presentation.  For more information, visit www.badgerwordsmith.com/the_psychology_of_homicide_presentation.html

© Steven Spingola, Wales, WI, 2012


Investigators Watch as Supreme Court Takes-Up GPS Case

To view this article, checkout Best of the Spingola Files, Vol. II: Here’s Looking at You coming to Amazon.com in December 2012.

———————————————————————————————————-

Steve Spingola is an author and retired Milwaukee Police Department homicide detective.

If your group is in need of a fascinating guest speaker, consider the Spingola Files Psychology of Homicide presentation.

For more information, visit www.badgerwordsmith.com/the_psychology_of_homicide_presentation.html

 © Steven Spingola, Wales, WI, 2011