The Supreme Court Just Ruled In Favor Of The Police State

WASHINGTON -- In a powerful dissent to a Supreme Court ruling that took an expansive view of the limits the Constitution places on police misconduct, Justice Sonia Sotomayor on Monday seemed to address the people most affected by unfortunate encounters with the police -- black and brown Americans.

"Do not be soothed by the opinion's technical language: This case allows the police to stop you on the street, demand your identification, and check it for outstanding traffic warrants—even if you are doing nothing wrong," Sotomayor wrote in the opening paragraph of her response to Utah v. Strieff, which the court decided in a 5-3 vote.

The case had asked the justices to decide whether evidence uncovered during an unlawful police stop could be used against the person in possession of it -- a question that requires an interpretation of the Fourth Amendment's prohibitions against unreasonable searches and seizures.

"In his search for lawbreaking, the officer in this case himself broke the law."

Justice Sonia Sotomayor

It turns out that Edward Strieff, the Utah man at the center of the case, had been stopped by police officers who had a hunch that he was engaged in drug activity but didn't have any real "reasonable suspicion" that he actually was, which is required by the Constitution for investigatory stops.

Or, as Sotomayor put it: "In his search for lawbreaking, the officer in this case himself broke the law."

But then the officer got lucky: When he ran Strieff's driver's license through his system, he noticed his suspect had a minor traffic warrant for an unpaid ticket. That meant the officer could check Strieff for contraband, which he did. Then he got really lucky: He found methamphetamines in Strieff's pocket, which provided a basis for an arrest and later charge of drug possession.

In its ruling Monday, the Supreme Court determined that the drugs -- the "poisonous fruit" of the officer's illegal stop -- could be used against Strieff at his trial, even though the officer had initially violated Strieff's rights. The court called the officer's conduct "at most negligent" and the result of "good-faith mistakes."

BAIL INDUSTRY NEEDS REGULATION BADLY

On the chilly afternoon of Jan. 16, 2010, police in West Haven, Conn., responded to a 911 call from a 6-year-old boy. “Daddy hit mommy,” the caller said, referring to Selami Ozdemir, the owner of a local pizzeria. Around 5:30 p.m., Ozdemir, who had been arrested on domestic violence charges a few months prior, was brought in to the West Haven Police Department and booked. His bond was set at $25,000.

Just 90 minutes later, Ozdemir posted bond and was released from custody. By 3:30 the next morning, Ozdemir was driving back home, drunk, with a Glock 9mm handgun by his side. Just before 4 a.m., the 911 dispatch center received another call from Ozdemir’s house, but dispatchers could only hear muffled crying and loud banging. By the time police officers gained entry, Ozdemir had killed his wife and shot himself in the head.

The murder-suicide sent shockwaves through the state, raising questions about how authorities had allowed Ozdemir to commit such a heinous act. Much of the debate centered on how Ozdemir had been able to post bond so quickly. The bail bondsman who posted his bond allegedly didn’t receive any money up front or set up any kind of payment plan, according to a report released after a five-month investigation by the state district attorney’s office. “Under normal circumstances, the defendant would have had to raise $2,500 to pay the bondsman prior to his release or provide $25,000 cash himself to the police,” the report said. “His ability to immediately be released prevented any cooling off period and allowed him to immediately leave the police department and obtain the handgun used in this homicide.”

The idea that the bail bonds system might be broken wasn’t news to former Connecticut Rep. Michael Lawlor. For more than a decade, Lawlor worked as a fierce advocate for bail reform, attacking issues of overcrowding, racial disparities and a general lack of oversight of the industry. (Lawlor left the Legislature this January to serve as undersecretary for criminal justice policy and planning for incoming Gov. Dannel Malloy.) The number of bail bondsmen in Connecticut has exploded in recent decades, from a few dozen in the early 1990s to more than 400 surety bail bondsmen today. The newer agents have been known to take extreme measures to undercut the competition, often charging clients far less than the standard 10 percent bail -- sometimes as low as 2 or 3 percent. It’s illegal and very hard to prove, because the discounted prices are paid in cash. In a 2003 study, the state’s Legislative Program Review and Investigations Committee called Connecticut’s bail industry “dangerously unregulated,” with pervasive undercutting, fraudulent bond posting and other illegal practices.

For years, Lawlor pushed numerous bills to regulate the bail bond business. But, he says, his efforts were no match for the bail industry lobbyists. “These bills dealt with setting up a system for overseeing the industry, getting them to play by the rules they were supposed to play by,” he says. “They got derailed each and every year.”

The issues in Connecticut are also playing out in states nationwide. Of the more than 767,600 inmates in jails across the U.S., 60 percent are unconvicted offenders awaiting court action on a current charge, according to Bureau of Justice Statistics data from 2009. Defendants typically don’t have to wait in jail if they can pay bail agents 10 percent of the bail amount and pledge to show up in court. As the bail bond industry has grown, the agents have become more aggressive.

Shooting at Dallas Love Field.

Officer-involved shooting prompted a lockdown today at Dallas Love Field Airport. A police officer shot a man Friday outside baggage claim at Dallas' Love Field Airport, a witness told CNN.

The condition of the victim is not known.

Witness Bryan Armstrong said it appeared the man shot was approaching the officer with a large rock when he was shot.

Nine shots can be heard on a video of the incident posted to Instagram by Armstrong. A woman is crying in the background of the video as someone screams, "Get down!"

If you or a loved one is facing  charges, contact a skilled professional bail agent as soon as possible to get the ball rolling on your release and defense. We can even be instrumental in getting bail set in "no bail situations. The team at Bail One LLC can be reached at (228) 832-5506.

https://www.instagram.com/p/BGe3NqrOQc7/  #LoveField #tcot

Bail Bond Set at $150,000 for One Armed Robbery Suspect

BILOXI, MS

Three people were arrested in Biloxi Friday night after leading police on a high-speed chase down Highway 90.

Authorities say they received a report that Terry Preston, Isavian Preston, and a juvenile had robbed an individual in East Biloxi around 11 p.m. The victim was able to provide police with a description of the suspects and their vehicle. 

Officers located the vehicle a short time later in West Biloxi. When they tried to make a traffic stop, the suspects immediately fled in the vehicle.

A high-speed chase ensued, reaching speeds of 115 mph. The chase ended after the suspects crashed into another vehicle near Highway 90 and Cowan Road. The driver of the second vehicle was treated at the scene for minor injuries.

Biloxi police arrested three people Friday night on charges of armed robbery. Terry Preston, Isavian Preston who bonded out on a $150,000 bond, and one juvenile robbed an individual in east Biloxi around 11 p.m. 

All three suspects were arrested and are charged with armed robbery. The driver of the vehicle, Terry Preston, also has an additional felony charge of eluding the authorities.

If you or a loved one is facing  charges, contact a skilled professional bail agent as soon as possible to get the ball rolling on your release and defense. We can even be instrumental in getting bail set in "no bail situations. The team at Bail One LLC can be reached at (228) 832-5506.