Sunday, June 20, 2010

California v. Greenwood 1988

I came across a reference to this Supreme Court case in AARP magazine recently. It notes that the case established the principle that "garbage left at curbside is not private property". I believe this was a police search and seizure case that allowed the police to look thru someone's trash to find evidence of wrongdoing. This article, however, notes that the case gave support to those who call themselves "freegans"; allowing them to look thru trash for whatever they could find use for, including food. "Freeganism" as a life style believes that one can "...scavenge instead of buy, volunteer instead of work and squat instead of rent". These people are not usually homeless and can afford to buy food but instead want to "disassociate themselves from capitalism and consumerism". The term comes from "free" as in if it is found it is free and "vegan" for vegetarian. They are also called "dumpster divers".
(Source: "Thrifty History: A ten cent highlight reel". AARP magazine July/August 2010. Also from "howstuffworks.com" on line)

Thursday, June 17, 2010

14th Amendment

There is a movement a foot that wants to make laws that deny citizenship to the children of illegal immigrants who are born in this country. A Georgia republican introduced such a bill in Congress in 2009, but it didn't go anywhere. Now a Arizona legislator wants a state law that would do the same thing. This following the law in Arizona recently that makes it a crime to be in the state illegally and allows the police to question those they suspect of being illegal. Legal scholars say this is clearly unconstitutional and note the 14th Amendment. "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside".
(Source: "Politician wants limit on birthright citizens" by Michelle Price of The AP. In The Record on 6/16/10).

Tuesday, June 8, 2010

Sex-related Court cases

The ACLU of NJ reports in their most recent newsletter about the right to privacy in NJ. They note the state supreme court case of State of New Jersey v. Saunders from 1977. That case held that the law against "...fornication (sex between unmarried persons) is unconstitutional". I further check Wikipedia on this date as an additional source.
(Source: American Civil Liberties Union of New Jersey newsletter 1st Quarter 2010. "Which rights would you have given up in the past 50 years?". And Wikipedia on 6/8/10 under "sex-related court cases in the US").

Sunday, June 6, 2010

New Spy Chief

President Obama has picked James R. Clapper to be the new Director of National Intelligence; he will replace Admiral Dennis Blair. Can we assume that he will have authority over the CIA? He is the 4th person to hold this post since the position was created in 2004 as a result of the changes made after the 911 attack. There are "16 spy agencies" and Clapper's job is to make them work together. The Senate, of course, will have to confirm his appointment.
(Source: "Obama picks new spy chief" by Kimberly Dozier of The AP. In The Record on 6/6/10.)

Thursday, June 3, 2010

Miranda Warning Again 2010

The Supreme Court has issued another case that further limits the effect of the Miranda Warning. In Berghuis v. Thompkins the court allowed a statement-a confession of sorts-after the police gave the suspect his miranda warning but continued to ask him questions for some three hours. The suspect usually answered with a "yes", "no" or "don't know". However, when asked "if he prayed for forgiveness for 'shooting that boy down', Thompkins said 'yes'". "...a suspect who goes ahead and talks to police after being informed he doesn't have to has waived his right to remain silent". With this ruling the suspect must not only ask for a lawyer but must state his/her desire to "remain quiet to stop the interrogation". The decision was 5 to 4. (There is a third case recently decided on the Miranda Warning and it involves the number of days the warning still applies. I don't have any other information at this time.)
(Source: "Miranda rights narrowed" by Jesse J. Holland of The AP. In The Record on 6/2/10. Information also from "google" under Supreme Court Miranda decision.)