Real Estate; boom & bust cycles, how & why

Boom&Bust

As everyone knows, it has been a very tumultuous six years, actually fourteen years now for the Real Estate industry, since property prices started increasing in 1999. Who would have ever known that such volatility and irrational exuberance could have or would have occurred, as market values went beyond reason. Read more of this post

Notice of Federal Tax Leins; how and why they are insufficient and being fraudulently enforced

A Broken Liberty

A Broken Liberty

IRS – Breaking The Code

Politics is a Dangerous and Destructive Game; why are we playing it?

Too many people are seeking the power to be able to Force and control others.  Too many people are willing to compromise their integrity and lives for the power to Force others.  Read more of this post

The Myth of the Rule of Law

THE MYTH OF THE RULE OF LAW - John Hasnas (1)

I.

Stop! Before reading this Article, please take the following quiz. Read more of this post

The Tyranny of Central Banking

This statement might paraphrase the source of a serious candidate’s dilemma who threatens the U.S. political establishment. Four of the five Presidents that opposed the Central Bankers were assassinated and Andrew Jackson luckily survived his assassination attempt. Read more of this post

Evidence of Hypnotic State

Researchers have found evidence for the existence of a hypnotic state –
the key was in the glazed staring eyes.
Read more of this post

The Competency of Human Nature

West Palm Beach, FL – (RSJ): I wrote this after reading a recent article by Peter Schiff in the Daily Bell. In this article he details his day at a Occupy Wall Street Protest. Not to quote, but his finding were that many  protesters do not understand even basic socio-economics, and therefore are protesting the wrong issues. See what you think. http://www.thedailybell.com/3177/Peter-Schiff-In-Defense-of-the-1 Read more of this post

Blair & Bush To Be Tried For War Crimes

KUALA LUMPUR, 20 October 2011 Read more of this post

Tiawanda Moore Acquitted

Wednesday, August 24th, 2011

A Chicago jury has acquitted Tiawanda Moore of felony eavesdropping. Read more of this post

Texas Appeals Court: Motorists Have No Right To Potentially Exculpatory Dashcam Footage

Monday, August 15th, 2011

This is pretty incredible:

Drivers have no recourse if police say the tape from a dashboard-mounted video camera is not available, according to a ruling Wednesday from the Texas Court of Appeals. Mark Lee Martin wanted to defend himself against drug possession charges filed in the wake of an August 29, 2008 traffic stop, but he was told no video was available.

Travis County Sheriff’s Deputy Darren Jennings claimed that he pulled over Martin that evening because he failed to signal a left-hand turn. Within less than two weeks after the incident, Martin’s attorney formally requested that the department preserve video evidence from the stop. Subpoenas were issued to ensure “all videos and dispatch calls” would be saved. At trial, Jennings was asked why the camera evidence had not been kept.

“Since I didn’t put it in my report it wasn’t preserved because I didn’t believe it had any type of evidential value,” Jennings told the court.

The dashcam is automatically activated when an officer turns on his emergency lights. Department policy states that all video must automatically be saved for thirty days. Jennings could not say whether his machine was operating that night, but he would have noted either at the beginning or end of the shift if the device had not been functional. Jennings stated that the only way to know for sure if the video had been taken would have been if he had preserved the video. Martin argued the police were obviously hiding evidence.

“The officers intentionally destroyed the video and thereby put exculpatory evidence as far as the search is concerned or evidence favorable to the accused out of the reach of the accused,” Martin’s attorney claimed. “We feel that for no other reason the search is invalid and any evidence found as a result of that search should be suppressed.”

The appellate court found no merit in this argument.

“We agree with the state that the record supports a finding by the district court that the police did not act in bad faith,” Justice Bob Pemberton wrote. “The United States Supreme Court has held that ‘unless a criminal defendant can show bad faith on the part of the police, failure to preserve potentially useful evidence does not constitute a denial of due process of law.’”

The court found no evidence of bad faith because the officer testified that he had “no clue” whether there even was a recording made.

Relevant excerpt from my Reason piece “The War on Cameras”:

Last March, Justice Lee Ann Dauphinot of the Second Court of Appeals in Texas complained in a dissent that when defendants accused of driving while intoxicated in Fort Worth challenge the charges in court, dash-camera video of their arrests is often missing or damaged. “At some point,” Dauphinot wrote, “courts must address the repeated failure of officers to use the recording equipment and their repeated inability to remember whether the car they were driving on patrol or to a DWI stop contained the video equipment the City of Fort Worth has been paying for.”

Well I guess they are addressing it, now. They’re giving cops a how-to guide when it comes to destroying dash cam footage that makes them look bad, or that could exonerate a motorist: Just make it look like you’re incompetent, not malicious.

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