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No Property Rights: CO Supreme Court Allows Cops to Destroy Seized Pot

in Drugs, Liberator Online, News You Can Use, Personal Liberty, Property Rights by Alice Salles Comments are off

No Property Rights: CO Supreme Court Allows Cops to Destroy Seized Pot

This article was featured in our weekly newsletter, the Liberator Online. To receive it in your inbox, sign up here.

The Colorado Supreme Court has ruled that police are allowed to destroy marijuana seized in criminal investigations, reversing the requirement that police store marijuana as personal property.

Property RightsAccording to the Associated Press, local police disliked the requirement that forced officers to care and store marijuana gathered as evidence correctly. As a result, the recent decision has been welcomed by local law enforcement.

The decision stems from a 2011 case revolving around a medical marijuana patient from Colorado Springs whose plants were seized after he was accused of having more plants than allowed by law. Currently, residents are allowed to grow up to 12 plants .

As a result of the investigation, the Colorado Springs resident lost more than 60 pounds, which were held by the police and then returned moldy. While the accused was later acquitted, he lost access to his possessions because of police’s lack of proper care to the product.

According to Colorado Justice Allison Eid, a possible Supreme Court nominee, the return provision that had been en vogue violates federal law. The decision supported that Colorado law enforcement should thus follow federal rules, despite comments made by dissenting judges who argued that the return provision does not violate federal law.

To libertarians, this decision sounds beyond appalling for a simple reason: it ignores property rights altogether in the name of the U.S. government’s long lasting war on personal choice — also known as the war on drugs.

While Colorado set an example to the entire country by legalizing marijuana for recreational use, restrictions concerning growth of the plant require law enforcement officials to violate property rights of the individual in question by not allowing individuals to do what they please in their own property. And by ruling that even during an investigation seized marijuana is not to be treated as personal property, the state’s highest court just emphasizes both the state and local governments’ lack of dedication to the individual’s right to the fruits of his labor.

Instead of spending precious resources seizing, investigating, and arresting individuals for exercising their right to keep and maintain personal property, it’s time to put an end to the madness that the nationwide war on substances seen as immoral or damaging. After all, it’s up to the individual whether he is willing to expose his own body to whatever substance available or not. And the government has no moral obligation to stop him.

Oakland Officers Fail to Find Suspect Through Surveillance so Feds Step In—All Without a Warrant

in Liberator Online, News You Can Use, Personal Liberty, Property Rights by Alice Salles Comments are off

Oakland Officers Fail to Find Suspect Through Surveillance so Feds Step In—All Without a Warrant

This article was featured in our weekly newsletter, the Liberator Online. To receive it in your inbox, sign up here.

In Oakland, California, feds were caught helping local police departments to spy on suspects without warrants. And in at least one instance, the individual targeted, Purvis Ellis, wasn’t even the main suspect in the murder case that led to his capture.

OaklandAccording to Tech Dirt, court documents obtained by Ars Technica show that the Oakland Police Department used stingray technology without seeking a warrant first against Ellis in 2013. The use of the device was deployed in order to catch the suspect who had been associated with the attempted murder of officer Eric Karsserboom.

According to the American Civil Liberties Union (ACLU), stingrays “are invasive cell phone surveillance devices that mimic cell phone towers and send out signals to trick cell phones in the area into transmitting their locations and identifying information.”

Oakland police attempted to use an older version of the device in 2013 to find one of the suspects in the attempted killing of a police officer, but officials were unsuccessful. They then reached out to the Federal Bureau of Investigation (FBI), asking federal agents to step in. Promptly after, FBI officials were able to locate the suspect using a more advanced stingray technology.

But despite the successful operation, state and federal officers failed to follow the constitution, ignoring the need for a warrant.

During the suspect’s trial, both the FBI and the Oakland PD stated that they didn’t need to obtain a warrant at the time due to “exigent circumstances.” In the FBI case, officials also claim the warrant requirement was not in place at the time of the operation, making the evidence obtained through surveillance tactics less likely to be tossed by a judge.

Nevertheless, news sources were finally able to report on this story since the judge presiding over the suspect’s prosecution ordered the government to submit detailed information on how Ellis was located. But despite the commotion surrounding Ellis, he has not been accused of actually shooting the officer, prompting privacy advocates to wonder whether the police has used the same surveillance tactics in other similar cases, targeting individuals who have not been accused of a crime and going to the lengths both the FBI and the Oakland PD went to keep this a secret.

Two years after the 2013 incident, the Oakland Police Department tried to secure a grant from the Department of Homeland Security in order to upgrade their stingray technology, suggesting that local police had been invested in this type of surveillance tactics long after the Ellis case. The technology local officials had at the time was unable to locate the suspect, but the latest system used by the FBI got the job done pretty quickly.

But details regarding why the suspect was targeted and why only his phone was intercepted were never revealed. All we know up until now is that two law enforcement agencies suspended the potential suspect’s rights to privacy, even as they knew that he hadn’t shot the officer.

Whether Ellis was directly involved in the attempted murder remains a mystery. But what should also be addressed in this case is the fact that individuals who haven’t been formally accused of a crime nor charged are being targeted by both local and federal law enforcement agents who continue to ignore the unconstitutionality of their actions.

States have been pushing their own anti-federal surveillance laws as the nullification movement initiated by groups like the Tenth Amendment Center gains more ground. But the American individual’s privacy rights won’t be truly upheld until federal agencies have been stripped of their surveillance powers.

No, Violent Crime is Not Getting Worse

in Criminal Justice, Gun Rights, Liberator Online, News You Can Use, Personal Liberty by Jackson Jones Comments are off

No, Violent Crime is Not Getting Worse

This article was featured in our weekly newsletter, the Liberator Online. To receive it in your inbox, sign up here.

One wouldn’t know it if they read what some news outlets are reporting or listened to the words of some Republican hopefuls and pundits on television, but there isn’t any real evidence that crime is getting worse.

The Pew Research Center, in May 2013, noted that the gun homicide rate was down 49 percent since 1993, when it peaked. What’s more, non-fatal gun violence dropped by 75 percent over the same period analyzed. The Bureau of Justice Statistics, an agency in the Department of Justice, found similar figures, a 39 percent drop in gun homicides and a 70 percent drop in non-fatal gun violence, between 1993 and 2011.

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Although instances of gun violence were falling, according to the Pew Research Center, 56 percent of Americans believed gun-related crimes were on the rise compared to 20 years before. The causes of this belief are certainly up for debate, but the media’s focus on shootings and coverage of politicians’ reactions could be a cause. After all, bad news sells.

At the end of August, The New York Times reported that “[c]ities across the nation are seeing a startling rise in murders after years of declines.” The Times offers data from several U.S. cities that have seen spikes in homicides. Some have interpreted the story as a nationwide spike in violent crime attributed to the so-called “Ferguson effect.” Heather Mac Donald pushed this theory in a May editorial at the Wall Street Journal.

“Since last summer, the airwaves have been dominated by suggestions that the police are the biggest threat facing young black males today,” Mac Donald wrote. “Almost any police shooting of a black person, no matter how threatening the behavior that provoked the shooting, now provokes angry protests.”

Others, including Bruce Frederick of the Vera Institute and John Lott of the Crime Prevention Research Center, have taken a more reasoned approach to the perceived spike in violent crime.

“[N]ot all of the increases cited by the Times are statistically reliable; that is, some of them are small increases, or are based on small numbers of cases, such that the observed increases could have occurred by chance alone. Among the 16 top-20 cities for which I found publically available data, only three experienced statistically reliable increases,” Frederick explained. “Only one of the top-20 cities included in the Times’ sample, Chicago, experienced an increase that was statistically significant.”

“Even where a statistically reliable increase has been experienced,” he noted, “a single year-to-year increase does not necessarily imply a meaningful trend.”

Writing in response to Mac Donald at the end of May, Lott pointedly contested her narrative, writing, “The bottom line is that across the largest 15 cities in the US the murder rate has fallen by by 12 from 749 to 737 (a 2% drop) or from 43 from 871 to 828 (a 5% drop).”

And while many are insisting that violence against police is becoming a trend, the Associated Press recently noted that shooting deaths of police officers are actually down by 13 percent. “There were 30 shootings last year and 26 this year,” the report explained. “Those figures include state and local officers, as well as federal agents.” The data used in the report came from the National Law Enforcement Officers Memorial Fund.

Each shooting, whether of an innocent person or a police officer, is a tragedy, but everyone needs to calm down about this supposed uptick in violent crime because the data suggest that 2015 is consistent with recent years. Even if by year’s end there’s an increase in violent crime, it’s far too early to call it a trend.