Court Declares Stop and Frisk Policy of Fuhrer Bloomberg and NYPD Unconstitutional

A federal court declared the Stop and Frisk policies of NYPD and Fuhrer Bloomberg unconstitutional, here.

While it's a rare civil liberties victory from a court system that generally upholds the hideous and humiliating police powers of the state, Stop and Frisk also exposed the truly racist nature of the program. In the Nazified Big Apple, Fuhrer Bloomberg's policy to "stop and frisk" anybody for any reason came under fire from civil rights activists for justifiable reasons because the policy was blatantly racist and 90% of those who were stopped and frisked were folks of color according to CNN, here.

Each year, hundreds of thousands of people in New York are stopped, questioned, frisked and searched, often without justification, under the "stop and frisk" policy. The vast majority of these people live in communities of color, and almost 90% are immediately released without arrest or even a summons.

Image Source: http://images2.dailykos.com/i/user/116919/stopandfriskchart.JPG

Even if the courts slow down the 'stop and frisk' policies, it still won't help those who are subjected to cavity searches and sexual assaults for routine traffic stops and it won't decrease the reach of the TSA's army of sexual predators that is expanding its operations beyond airports and to train stations and bus stations.

Even more horrifying, the Supreme Court upheld the right of law enforcement to perform cavity searches on everyone taken into custody and many folks are routinely taken into custody for traffic violations and other minor infractions. When it comes to human humiliation and degradation, Police State USA knows no boundaries, ethics or morality. The state exists to inspire absolute fear because fear breeds compliance as folks sacrifice their natural rights, dignity and cowardly capitulate to government and its goons. In a 5-4 decision, the Supreme Court upheld cavity searches.

Bend Over and Spread Em says the Supreme Court

Regarding the recent 5-4 SCOTUS decision to uphold strip searches, Supreme Court Justice Breyer describes a strip search in his dissent (joined by Kagan, Gingsberg and Sotomayor) as follows:

“‘..a visual inspection of the inmate’s naked body. This should include the inmate opening his mouth and moving his tongue up and down and from side to side, removing any dentures, running his hands through his hair, allowing his ears to be visually examined, lifting his arms to expose his arm pits, lifting his feet to examine the sole, spreading and/or lifting his testicles to expose the area behind them and bending over and/or spreading the cheeks of his buttocks to expose his anus. For females, the procedures are similar except females must in addition, squat to expose the vagina.’”

The Supreme Court has upheld the right of the police to do this to anybody for any reason who has the misfortune of ending up in police custody for any reason, including minor traffic violations. For obviously justifiable reasons, this outrageously insane Supreme Court decision has fired up anger among civil libertarians on all sides of the political ideological spectrum. Pure and simple, it's a rape, it's a sexual assault and it's designed to be as humiliating and degrading as possible. A nation where state sanctioned sexual assault is codified into the law of the land has debauched itself to a level reminiscent of Nazi Germany and the most ruthlessly oppressive totalitarian regimes ever to exist.

America, land of the free. BARF.... America is now more like Dr. StrangeGlove probing your every body orafice for maximum human degradation because that's what government does best.

Scalia, Bestiality and SCOTUS Upholding Bend Over and Spread Em Sexual Assaults by the Police

The media is buzzing over Supreme Court Justice Scalia's outrageous comment equating homosexuality to bestiality.

Same-Sex Meets Same Scalia: Scalia Reaffirms Comparison of Homosexuality To Bestiality

U.S. Supreme Court Justice Antonin Scalia was at it again yesterday. I have previously criticized Scalia’s apparent insatiable appetite for public notoriety, including violating judicial ethical rules by discussing issues in pending cases. He is the very model of the new celebrity justice that I have criticized in past columns (here and here and here). Now, at Princeton while pitching his latest book, “Reading Law,” Scalia succeeded in not only discussing an issue in two pending same-sex marriage cases but reaffirming homophobic prejudices. Scalia was questioned about his controversial comments equating homosexuality with bestiality by a gay student. Scalia admitted that such comparison are “not necessary, but I think it’s effective.” That appears to be the standard used by this justice in using profoundly insulting language: whether it is effective prose or argument.

I understand the media outrage. I'm outraged at Scalia's grotesquely demeaning comment.  From the viewpoint of a Libertarian, every human being has a natural right to live however they wish so long as their  actions do not violate or in anyway infringe upon the rights of another human being.  Those rights also include the right to contract, including the right to contract for a domestic arrangement.   The Libertarian view recognizes the absolute necessity for natural rights.  Our criminal justice system is an overgrown nightmare that increasingly is exclusively focusing on criminalizing just about every possible human behavior.

A truly just judicial system goes like this:  No Victim, No Crime.

Even more alarming is that the courts are upholding draconian police powers, including the right of the police to sexually assault and cavity probe a suspect in custody, regardless of the reason.

On April 2, 2012, the Supreme Court upheld strip searches and cavity searches in a 5-4 decision, with the dissenters being Breyer, Kagan, Gingsberg and Sotomayor.  In his dissent, Breyer graphically described a strip/cavity search:

‘..a visual inspection of the inmate’s naked body. This should include the inmate opening his mouth and moving his tongue up and down and from side to side, removing any dentures, running his hands through his hair, allowing his ears to be visually examined, lifting his arms to expose his arm pits, lifting his feet to examine the sole, spreading and/or lifting his testicles to expose the area behind them and bending over and/or spreading the cheeks of his buttocks to expose his anus. For females, the procedures are similar except females must in addition, squat to expose the vagina.

Justice Scalia voted to uphold the above police procedures as constitutional and consistent with the American criminal justice system. No beast would subject another beast to such an act of utter degradation. Yet, Scalia has no problem whatsoever imposing such demeaning procedures on human beings.

Words are one thing and bad and hurtful as they are, they are just words. But codifying into law the constitutionality of police cavity searches for every suspect in police custody, including folks who ended up in jail for minor traffic violations, is an unprecedented abuse of police powers.

Where was the US media when SCOTUS ruled that strip searching and cavity searching Americans in police custody was constitutional? Missing in action. There was no outrage over this horrendous SCOTUS decision.

Speaking of a routine traffic stop, that's precisely what triggered the Florence v. County of Burlington strip search case that ended up at the Supreme Court.

Strip-Searching America: Florence v. County of Burlington

In a devastating 5-4 ruling that not only condones an overreach of state power but legitimizes what is essentially state-sponsored humiliation and visual rape, the U.S. Supreme Court recently declared that any person who is arrested and processed at a jail house, regardless of the severity of his or her offense (i.e., they can be guilty of nothing more than a minor traffic offense), can be subjected to a strip search by police or jail officials without reasonable suspicion that the arrestee is carrying a weapon or contraband. The five-man majority rationalized their ruling as being necessary for safety, security and efficiency, the government’s overused and all-too-convenient justifications for its steady erosion of our freedoms since 9/11.

This ruling stems from the case of Albert Florence who was erroneously arrested for failing to pay a traffic fine and forced to submit to two egregious strip and visual body-cavity searches at two different county jails. Ironically enough, the supposed crime for which Albert Florence was arrested (having an unpaid traffic fine) is not a criminal offense in New Jersey, while being strip searched for something other than a crime is a criminal offense. Florence, an African-American man in his mid-thirties, was on his way to Sunday dinner in 2005 with his then-pregnant wife and 4-year-old son when they were stopped by a New Jersey State Police trooper. Florence’s wife was driving. However, after showing his ID, Florence found himself handcuffed, arrested and taken to jail. After spending six days in jail, Florence was finally able to prove his innocence.

Outraged, Florence sued the jail officials who had needlessly degraded his bodily integrity. A federal appeals court sanctioned the blanket strip search policy, which was then affirmed by the U.S. Supreme Court. In a nutshell, what Justice Anthony M. Kennedy, writing for the majority, concluded was that it is impractical—“unworkable” was the phrase used—to expect overworked jail officials to have to take the time to distinguish between harmless individuals guilty of nothing more than driving without a seatbelt and those who pose a true threat and may be reasonably suspected of carrying drugs or weapons.

There is something very evil and sinister about a nation that will sexualize tyranny and humiliation in the name of justice. Benjamin Franklin warned “They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.”

Franklin was right and he absolutely validates how sacrificing liberty for security ends just like Gibbons' described the end of the Roman Empire. "In the end, more than freedom, they wanted security. They wanted a comfortable life, and they lost it all – security, comfort, and freedom. When the Athenians finally wanted not to give to society but for society to give to them, when the freedom they wished for most was freedom from responsibility, then Athens ceased to be free and was never free again.". 

I shudder with absolute horror at the thought that this is the future that Americans wants.

Justice Scalia has used his judicial power to demean the sanctity of the sovereign and free individual by nullifying their natural rights as well as their constitutional rights, constitutional rights that no longer exist according to Scalia. That Scalia has the blazing audacity to even invoke the term 'bestiality' in the context of GLBT relationships is beyond the realm of anything sane, moral and rational. 

It Takes 6 Cops to Stripe Search a Woman in Public and Remove a Tampon for a Rolling Stop Sign Violation, All in Front of Her Children

Stories of police abuse are becoming very frequent occurrences as citizens everywhere in America are literally being terrorized by the cops in Police State USA. Of course, the strategy and tactics of the state are to inflict massive humiliation and human degradation for the purpose of making citizens fear the state and its agents.

The most recent horror involves a Florida woman who didn't quite come to a full stop at a stop sign. That such a routine traffic violation required the services of 6 cops is deeply disturbing but the fact that she was strip searched in public is even more horrifying considering there was ZERO probable cause that she committed any crime(s) whatsoever. The cops forcibly removed a tampon.

Florida Police Sued For Allegedly Pulling Over Mother For Rolling Through Stop Sign and Then Strip Searching Her In Front of Children and Passerbys

There is a shocking lawsuit filed against the Citrus County Sheriff’s Department in Florida in which Leila Tarantino claims that she was pulled over for going through a stop sign and then stripped searched by the side of the road in front of her children.

Tarantino says that she was pulled over last July for allegedly rolling through a stop sign. She claims the officer immediately pulled his weapon and pulled her from the car without explanation or warning. She says that she was left in the back of his squad car for two hours and then strip searched by the side of the road in full view of bystanders. She further claims that a female officer “forcibly removed” a tampon from her during the strip search. She claims that there were five male officers and one female officer.

The civil action suit is against the government of Citrus County, Florida, Sheriff Jeffrey Dawsey and six unnamed police officers.

This is one of those cases where only a fraction of the allegations would need to be proven to make for an outrageous case. A strip search by the side of the road is itself a gross violation of standard procedures. We have not however heard from the officers or the department. They may contest that this was an actual strip search and contest the specific graphic details of the complaint below.

The long period of detention and lack of charges however raise serious questions regarding the basis for holding Tarantino. She was released with only a citation.

Civil liberties have been substantially eradicated in America.  Whether or not this victim of the Police State will find any relief in a judicial system that is designed to protect the government, its agents and its acts remains to be seen.

The Supreme Court has upheld the right of the police to strip search folks, even for folks who end up in jail on routine traffic violations.

Bend Over and Spread Em says the Supreme Court

Regarding the recent 5-4 SCOTUS decision to uphold strip searches, Supreme Court Justice Breyer describes a strip search in his dissent (joined by Kagan, Gingsberg and Sotomayor) as follows:

“‘..a visual inspection of the inmate’s naked body. This should include the inmate opening his mouth and moving his tongue up and down and from side to side, removing any dentures, running his hands through his hair, allowing his ears to be visually examined, lifting his arms to expose his arm pits, lifting his feet to examine the sole, spreading and/or lifting his testicles to expose the area behind them and bending over and/or spreading the cheeks of his buttocks to expose his anus. For females, the procedures are similar except females must in addition, squat to expose the vagina.’”

The Supreme Court has upheld the right of the police to do this to anybody for any reason who has the misfortune of ending up in police custody for any reason, including minor traffic violations. For obviously justifiable reasons, this outrageously insane Supreme Court decision has fired up anger among civil libertarians on all sides of the political ideological spectrum. Pure and simple, it's a rape, it's a sexual assault and it's designed to be as humiliating and degrading as possible. A nation where state sanctioned sexual assault is codified into the law of the land has debauched itself to a level reminiscent of Nazi Germany and the most ruthlessly oppressive totalitarian regimes ever to exist.

The America that we used to know and love for civil liberties and protection from psychotic cops is long gone.   

Stop and Frisk Policies being Challenged in Bend Over and Spread em America

In the Nazified Big Apple, Fuhrer Bloomberg's policy to "stop and frisk" anybody for any reason is coming under fire. It's about time. The policy is blatantly racist and 90% of those who are stopped and frisked are folks of color according to CNN, here.

Each year, hundreds of thousands of people in New York are stopped, questioned, frisked and searched, often without justification, under the "stop and frisk" policy. The vast majority of these people live in communities of color, and almost 90% are immediately released without arrest or even a summons.

But help may be on the way according to The New York Times.

Courts Putting Stop-and-Frisk Policy on Trial

New York City’s accelerating use of police stop-and-frisk tactics has brought a growing chorus of opponents who have been matched in intensity only by the officials who defend the policy. But recent rulings by federal and state courts have now cast judges as the most potent critics of the practice, raising sharp questions about whether the city has sidestepped the Constitution in the drive to keep crime rates low....

Some legal experts say the police could be pushed into reducing the numbers of street stops of New Yorkers by hundreds of thousands a year, and that the proportion of stop-and-frisk subjects who are black and Latino would be sharply reduced.

A settlement last year of a class-action case involving stop-and-frisk policies in Philadelphia laid out a model that, if followed in New York, could call for the courts to supervise an imposed system of police monitoring and accountability.

The courts have been energized to step in, some lawyers say, as the debate has intensified over police tactics that have brought legal challenges, academic analysis and news coverage. “The decisions show that the courts are suspicious of the current police practices,” said Michael C. Dorf, a constitutional law professor at Cornell.

Even if the courts slow down the 'stop and frisk' policies, it still won't help those who are subjected to cavity searches and sexual assaults for routine traffic stops and it won't decrease the reach of the TSA's army of sexual predators who is expanding its operations to train stations and bus stations.

Even more horrifying, the Supreme Court upheld the right of law enforcement to perform cavity searches on everyone taken into custody and many folks are routinely taken into custody for traffic violations and other minor infractions. When it comes to human humiliation and degradation, Police State USA knows no boundaries, ethics or morality. The state exists to inspire absolute fear because fear breeds compliance as folks sacrifice their natural rights, dignity and cowardly capitulate to government and its goons.

In a 5-4 decision, the Supreme Court upheld cavity searches.

Bend Over and Spread Em says the Supreme Court

Regarding the recent 5-4 SCOTUS decision to uphold strip searches, Supreme Court Justice Breyer describes a strip search in his dissent (joined by Kagan, Gingsberg and Sotomayor) as follows:

“‘..a visual inspection of the inmate’s naked body. This should include the inmate opening his mouth and moving his tongue up and down and from side to side, removing any dentures, running his hands through his hair, allowing his ears to be visually examined, lifting his arms to expose his arm pits, lifting his feet to examine the sole, spreading and/or lifting his testicles to expose the area behind them and bending over and/or spreading the cheeks of his buttocks to expose his anus. For females, the procedures are similar except females must in addition, squat to expose the vagina.’”

The Supreme Court has upheld the right of the police to do this to anybody for any reason who has the misfortune of ending up in police custody for any reason, including minor traffic violations. For obviously justifiable reasons, this outrageously insane Supreme Court decision has fired up anger among civil libertarians on all sides of the political ideological spectrum. Pure and simple, it's a rape, it's a sexual assault and it's designed to be as humiliating and degrading as possible. A nation where state sanctioned sexual assault is codified into the law of the land has debauched itself to a level reminiscent of Nazi Germany and the most ruthlessly oppressive totalitarian regimes ever to exist.

Bad as things are, there are some feeble signs that some folks are waking up and fighting the tyranny of state sanctioned sexual assault as well as the horrid stop and frisk policies.

America used to be a place where a search couldn't be conducted without a valid warrant and a warrant couldn't be obtained without sufficient probable cause. But the era of protected civil liberties are long gone in America.

Welcome to Police State USA. You voted for it, you got it.

If you want total security, go to prison. There you're fed, clothed, given medical care and so on. The only thing lacking... is freedom. - Dwight Eisenhower

The state represents violence in a concentrated and organized form. The individual has a soul, but as the state is a soulless machine, it can never be weaned from violence to which it owes its very existence." - Mahatma Mohandas K. Gandhi

Except for some very determined and informed civil liberties activists, few Americans are even noticing that America is rapidly morphing into a full fledged police state complete with militarized police, surveillance drones, government cameras on the highways, government trained TSA agents who routinely sexually assault airline passengers and even our schools now resemble prisons.

Even worse,  Police State USA continues to criminalize just about every possible behavior and America has more folks in prison than any nation on earth. We lock-up more folks than China and more folks than the world's most notoriously ruthless dictators.

According to the International Centre for Prison Studies, America, with a population of 310 million, has over 2.2 million folks in prison and China, a nation with a population of 1.3 billion, has far less folks in prison. 

1. United States of America 2,266,832
2. China 1,640,000
3. Russian Federation 738,400
4. Brazil 514,582
5. India 368,998

In fact, America has a thriving Prison Industrial Complex  because it's a hugely profitable business for prison corporations, here. It's also very costly to taxpayers.  Furthermore, police unions, prison guard unions, private prison corporations, beer/alcohol producers and big pharmaceutical interests are the top five lobby groups to keep marijuana illegal.  A sane criminal justice system would be predicated on the just theory of "no victim, no crime" but America is now a place that is addicted to criminalizing everything.

The media has tons of TV cop shows that glorify law enforcement, justify our hideously insane laws and promote the injustice of a criminal justice system that feeds on its victims like voracious bloodsuckers.  One is compelled to wonder if the American people are so sick and demented that they just 'get off' watching the cops violently slam a victim against a wall, beat them up and cuff them.  Cop shows are truly horror shows that magnify the police powers of the state, yet they remain hugely popular.

Why do we have so many folks locked up? Is America just a more crime ridden and violent place than other nations?  Is crime actually escalating?   According to the New York Times, "The number of violent crimes in the United States dropped significantly last year, to what appeared to be the lowest rate in nearly 40 years..."

If violent crime has been significantly dropping in the US for 40 years, then why are so many folks in prison and why is the US prison population exploding?  It makes no sense.  But our jails and prison systems are overflowing with folks who shouldn't even be in prison.  Many folks are definitely rotting in prison for possession of marijuana and other victimless or minor crimes.

Even more disturbing, there are instances where individuals are locked up who have been proven innocent, the government knows they are innocent yet they remain unjustly imprisoned.  In a shocking piece in USA Today titled Scores in N.C. are legally 'innocent,' yet still imprisoned, the article reports:

Terrell McCullum did not commit a federal crime by carrying a shotgun and a rifle out of his ex-girlfriend's house.

But he is serving a federal prison sentence for it. And the fact that everyone — including the U.S. Justice Department — agrees that he is legally innocent might not be enough to set him free.

A USA TODAY investigation, based on court records and interviews with government officials and attorneys, found more than 60 men who went to prison for violating federal gun possession laws, even though courts have since determined that it was not a federal crime for them to have a gun.

Many of them don't even know they're innocent.

What kind of a country allows this to happen? What kind of a people are willing to accept such a grotesquely unjust criminal justice system?

Another troubling feature of Police State USA is that it's blatantly racist and black and brown people definitely do not receive equal treatment under the law.  Despite studies proving that drug use is a consistent percentage across racial lines, brown and black people are arrested in far larger percentages than white folks for drugs.  CNN, a typical media propaganda machine and certainly no champion of justice, reported:

More than 50,000 people in 2011 were arrested in New York City for possessing small amounts of marijuana -- the majority of whom were black and Latino -- at a considerable judicial and financial cost. New York City spends about $75 million every year on arresting people for recreational marijuana possession.

But what many people don't know is that the state decriminalized this offense more than 30 years ago, making private possession of less than 25 grams of marijuana a violation punishable by a $100 fine. Possession of the same amount in public view remains a criminal misdemeanor.

Despite this change in law, arrests for small quantities of marijuana over the last decade have skyrocketed, with more than 400,000 people arrested and unceremoniously run through the criminal justice system. Marijuana possession is now the No. 1 arrest category in New York.

Why is this happening?

Each year, hundreds of thousands of people in New York are stopped, questioned, frisked and searched, often without justification, under the "stop and frisk" policy. The vast majority of these people live in communities of color, and almost 90% are immediately released without arrest or even a summons.

Read the rest here

CNN 

Marijuana laws just creates criminals

Over a period of 40 years, we've spend over $1 trillion dollars on the idiotic War on Drugs, here.

Police State USA isn't just about locking up folks for drugs, pot possession and other victimless crimes, it's also about a monstrous federal surveillance state and its numerous bureaucracies.

The Washington Post is a notorious statist rag that is the cheerleader in chief for all the evil perpetrated by our government, Congress, the military industrial complex and the CIA. But shockingly, WP’s Dana Priest and William M. Arkin did an outstanding piece of journalism titled “Monitoring America” that exposes the expansive size and scope of our national security state. The piece states:

....the United States is assembling a vast domestic intelligence apparatus to collect information about Americans, using the FBI, local police, state homeland security offices and military criminal investigators….The government's goal is to have every state and local law enforcement agency in the country feed information to Washington….This localized intelligence apparatus is part of a larger Top Secret America….Today's story, along with related material on The Post's Web site, examines how Top Secret America plays out at the local level. It describes a web of 4,058 federal, state and local organizations, each with its own counterterrorism responsibilities and jurisdictions. At least 935 of these organizations have been created since the 2001 attacks or became involved in counterterrorism for the first time after 9/11.”

4,058 federal, state and local organizations all creating a centralized command and control police state is indeed a horrifying reminder that America no longer even values civil liberties, the freedom movement of the people or their privacy; Americans have become pathetic compliant sheeple who now think and act like slaves.   Even more surprising is that this stuff has been going on for years/decades and that only 935 of these organizations were created since 911.

Libertarian organizations like Reason, Cato, Lew Rockwell and anti-war.com have been exposing the assaults on civil liberties for years. But apparently, Obama and his Gestapo styled goon machine are attempting to out-Bush Bush on civil liberty assaults.

So many Fedzilla power grabs are in the process of being legislated and/or implemented by our increasingly Nazified Police State that it’s difficult for Americans to even grasp what is being done to them, their liberty and their privacy.

The American Police State at all levels - federal, state and city - is a clear and present danger to civil liberties.  It's unthinkable that Americans would welcome and tolerate the total obliteration of civil liberties.  But they have, and they continue to re-elect the same politicians who are stripping them of their constitutional rights, their civil liberties, their privacy and even their dignity.

Moreover, there was no outrage when the Supreme Court ruled that the police absolutely do have the right to perform cavity searches, even for folks picked up on routine traffic stops.

Bend Over and Spread Em says the Supreme Court

And so we will because, well, none of this no longer even bothers most Americans.

Police and Judges Drunk on Power

In Police State USA, the crushing assaults on civil liberties by the police and the courts continues to reach new horrors as America morphs into a full fledged Nazified Police State.

Sadly today police and judges more and more do a disservice to their badges and robes. I have written before about police abusing their power and this is due to judges not upholding their role as protector of our natural rights as human beings. A few decades a go police would deal with real crimes such as murder, rape, and robbery. Speed traps where something unheard of in most sections of the country. SWAT teams where rarely used except in extreme circumstances and only large cities like Los Angeles had these types of units. Now every police force in the country has some sort of tactical force and are armed with riot gear that you associate with Communist Russia, or Nazi Germany in the 1930′s. Now police routinely kick in doors of people’s homes, taser the elderly and pregnant woman, assault woman and the innocent.

Read the rest here

The TGB Report

Judy Morris
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Twitter: Judy Morris@judymorris3