Sunday, June 5, 2011

Killer cops smash snuff video, shoot 4 bystanders



"You want to be fucking paparazzi?!"


Why covert video is best around cops. God bless SD cards. No gun found in car...until days after being gunned down by cops.

Miami Beach Police Ordered Videographer At Gunpoint To Hand Over Phone

But video survived even after police tried to destroy phone.

Miami Beach police did their best to destroy a citizen video that shows them shooting a man to death in a hail of bullets Memorial Day.

First, police pointed their guns at the man who shot the video, according to a Miami Herald interview with the videographer.

Then they ordered the man and his girlfriend out the car and threw them down to the ground, yelling “you want to be fucking paparazzi?”

Then they snatched the cell phone from his hand and slammed it to the ground before stomping on it. Then they placed the smashed phone in the videographer's back pocket as he was laying down on the ground.

And finally, they took him to a mobile command center where they snapped his photo and demanded the phone again, then took him to police headquarters where they conducted a recorded interview with him before releasing him.

But what they didn’t know was that Narces Benoit had removed the SIM card and hid it in his mouth, which means the video survived.

Benoit showed the video to Miami Herald reporters on Thursday, who described it in their article.

The three-minute video captured on Narces Benoit’s HTC EVO phone begins as officers crowd around the east side of Herisse’s car with guns drawn. Roughly 15 seconds into the video, officers open fire.

Benoit filmed the incident from the sidewalk on the northeast corner of 13th Street and Collins Avenue, close enough to see some officers’ faces and individual muzzle flashes.

Shortly after the gunfire ends, an officer points at Benoit and police can be heard yelling for him to turn off the camera. The voices are muffled at times. The 35-year-old car stereo technician drops his hand with the camera and hurries back to his Ford Expedition parked further east on 13th Street.

The video shows Benoit get into the car, where his girlfriend, Ericka Davis, sat in the driver’s seat. He raises his camera and an officer is seen appearing on the driver’s side with his gun drawn, pointed at them.

The video ends as more officers are heard yelling expletives, telling the couple to turn the video off and get out of the car.

“They put guns to our heads and threw us on the ground,” Davis said.

Benoit has not posted it on Youtube because he is asking to be compensated. But it sounds as if he won’t have much trouble getting compensated through a settlement with the police department.

However, he first must post the video for the world to see.

Benoit and his girlfriend also said police smashed several phones from other witnesses, so hopefully they were able to recover the videos as well.

The new details emerged a day after police announced they had found a gun in the car they had shot up.

It took police two-and-a-half days to find the gun in the Hyundai but they still haven’t determined if it was discharged that night.

For all we know, it could have been locked away in the trunk of the car.

Four innocent bystanders were shot during that shooting, most likely from police bullets.

Also, an hour after that shooting, another officer shot at a man who she believed was driving towards her. But he turned out to be allegedly drunk, which is why he was driving erratically and eventually into a police cruiser.



No gun found in car...until days after being gunned down by cops:



Miami Beach Cops Also Seized NEWS Camera At The Scene Of Shooting:



See also:

Witnesses said they were forced to hide video after Beach shooting

Albuquerque Cop Confiscates Camera From Reporter - Now under investigation for possibly deleting footage

Cop To Citizen: "If You Take My Picture Again, I'm Going To Fucking Break Your Face"



The Dragonater threatened by Blount County deputy with arrest and seizure of video camera at "crime scene" of Miata crash: Miata versus Dragon at Deals Gap

75 years in prison for recording in court

Tennessee "eavesdropping" law does not require permission before making your own audio recordings of other persons (including police), or recording your own telephone conversations. Lawyers advise to always recording all conversations with police, and to exercise your constitutional right to STFU.

It's usually impossible to win in court without making some type of official audio recording or written verbatum record. It's 100% impossible to win on appeal without a written record or audio recording. So this is one of the first battles that must be won against prosecutors and judges who have much to hide and money to steal.

In Tennessee, a party or attorney is supposed to have the right to make an audio recording for personal use in any case, not for rebroadcast. Under TN Rules of Civil Procedure and TN Rules of Criminal Procedure, a written motion probably must be made, and a written or verbal order of approval probably must be made, before for making an audio recording of a court proceeding by a party to the case. News media must make a media request motion and get a written order of approval before videotaping for broadcast. However, newspaper reporters are not required to ask permission to record audio in court, when not for rebroadcast, per TN Supreme Court Rule 30. Court reporters usually make audio recordings, which are private work product that supposedly cannot be released to a party. After losing in a court hearing, a party is supposed to have an option of purchasing an audio recording of the hearing to use on appeal, if they don't want to pay a court reporter for a printed transcript. It's best to always make your own hidden audio recording in court, without asking permission, as a back up to CYA.

Federal Rules of Civil Procedure and Federal Rules of Criminal Procedure supposedly ban all audio recordings in federal courts, except by court reporters (which are private work product that supposedly cannot be released to a party). News media are allowed to make audio recordings in a few of the federal districts, after written motion.

Federal judges, prosecutors, police and politicians especially have much to hide, to prevent Revolution, which is why recording is effectively banned in fed courts, and security guards seize all recording devices before entering a fed court house. If We The Sheeple ever discover that real court is the opposite of what's seen on TeeVee, then millions of govt employees are going to have a Very Bad Day. Hence these draconian laws against recording govt employees, while They record everything YOU do.




Recording a Cop vs Rape: Which Has Longer Prison Sentence?

by Lawrence Taylor
DUIblog.com
June 4th, 2011

In Illinois, they carry the same sentence: 15 years in prison. That’s right: using your cell phone to record cops beating up a citizen, for example, can land you in prison for 15 years (although it’s perfectly legal for the cop to record you).

An eye-opening news video entitled "Valley Man Faces 75 Years in Prison for Recording Law Enforcement" documents the current plight of Illinois citizen Michael Allison. Allison is facing 75 years in prison for five counts of openly audio taping public officials – a sentence usually reserved for murderers.

When he recently sued police for discriminatory law enforcement, the judge at trial refused to provide a court reporter. Understandably wanting a record of the proceedings, including the cops’ testimony, Allison told the judge he would record them himself. He was later arrested and the recording confiscated.

These laws are not limited to Illinois. Designed to protect cops and public officials from public scrutiny, they exist in many states across the country. And one has to question why they exist at all in a supposedly free and open society — much less carrying sentences usually reserved for murderers and rapists. Are cops and officials that afraid of having their conduct exposed to the light?

I wonder if taping a cop in China or North Korea is punished as severely as in Illinois – if at all?




VIDEO: Valley Man Faces 75 Years In Prison For Recording Law Enforcement

UPDATE: Case delayed and Allison refuses to take plea offer, find out why in this follow up video report.

Michael Allison faces 75 years in prison for recording law enforcement officials without their consent in Robinson, Illinois.

Illinois is one of the states applying old eavesdropping and wiretapping statutes to new technologies like cell phones or anything else that records audio.

Those laws technically make it illegal to record on-duty law enforcement officials without their consent. The penalty for that crime here in Illinois, is a class 1 felony.

Click on the video to watch our investigation into the state law and this particular case in Crawford County.

Friday, June 3, 2011

Court says cops have zero credibility

Louisiana: Cops Beat Up Old Man For Accelerating Slightly

Appeals court upholds $25,000 fine on Louisiana police officers who beat an elderly man during a minor traffic stop.

Police in Louisiana slammed a 67-year-old man into the ground, arresting him over a questionable traffic violation. The state court of appeals ruled May 11 that Calvin D. Miller's injuries were only worth $25,000 in compensation. Miller had been driving his big rig logging truck home to Florien on US Highway 171 at 5:30pm on July 13, 2007. As he passed through the Village of Hornbeck, Officers Kenneth Hatchett, Jr., and Andy Mitchell, 19, pulled him over because he began speeding up "about 100 feet" before the limit changed from 45 to 55 MPH. Having driven the road for the past forty-seven years, Miller was quite familiar with the speed limit. He insisted he was not speeding.

"I can see right now you're going to need an attitude adjustment," Officer Hatchett said to the five foot, six inch tall elderly man.

Miller punched his own fist, then turned his back on the officers and began walking away. They threw him to the ground, deliberately slamming his head into the concrete so he could be handcuffed tightly. After Miller's wife bailed him out, Miller went to Byrd Regional Hospital where physicians documented the gash on Miller's forehead, the swelling and bruises and the injury to his wrist and arms. His missed two weeks of work after the incident.

"You don't turn your back on a cop," Officer Hatchett explained.

Both officers denied knowing how Miller's head came into contact with the concrete road shoulder. Eleventh Judicial District Court Judge Stephen Bruce Beasley did not find their testimony credible.

"Officers Hatchett and Mitchell had the considerable advantage of youth, height, weight and weaponry over Miller," Beasley ruled. "There was no testimony that Miller, at any time during the altercation, brandished or was perceived to possess a weapon. Although Miller was attempting to leave the scene, the stop did not require taking him into custody."

Beasley found the officers entirely at fault for Miller's injuries and awarded him $25,000 in damages. The officers appealed the ruling, insisting they had full immunity from prosecution. A three-judge appellate panel rejected the claim and upheld the judgment in full, declining to adjust the damages up or down.

"The totality of the circumstances support the trial court's finding that the two young armed officers faced little or no risks from Miller for his crime of 'speeding' (assuming it to be true) shortly before he actually reached the fifty-five-mile-per-hour sign," Judge Shannon J. Gremillion wrote for the appeals court. "There is no error in the finding that the force used was excessive and not motivated by officer safety, but to adjust Miller's attitude."

A copy of the decision is available in a 100k PDF file at the source link below.

Source: Miller v. Village of Hornbeck (Court of Appeals, State of Louisiana, 5/11/2011)

Cop vs Cop



Parking officer 'clamped police cars protecting Queen'

Note the size of the boat owned by the parking lot owner...

Monday, May 30, 2011

Tennessee governor arrested and convicted for crime spree


Kosher Nostra governor Bill Haslam was convicted by the Tennessee attorney general for gas price gouging fraud partnered with trillionaire Nazi 9/11 terrorist bomber Rabbi David Rockefeller at Marathon Oil, and is in the casino bizniss, capish?

Governor Got a Traffic Camera Ticket; Will Sign Bill to Regulate Them


ATS video proves redlight scameras don't prevent crashes

NASHVILLE -- Gov. Bill Haslam says he will sign into law a traffic camera bill that aims to eliminate their use as speed traps and reduce private vendors' influence over where they are located.

The governor can draw on personal experience -- as an enforcer and as a violator -- in deciding to enact the legislation that passed both chambers overwhelmingly. In his previous job as Knoxville mayor, Haslam oversaw the installation of red light cameras at city intersections.

And while running for governor last year, he was ticketed when he was caught speeding by a camera in Bluff City that critics deride as a speed trap.

"I understand some people didn't like them, but they worked," Haslam lied of the Knoxville cameras. "They made intersections a safer place, hehehe."

The bill decrees that speed cameras can't be located within 1 mile of a 10 mph drop in the speed limit, and that tickets can be issued only for vehicles entering an intersection after the light has already turned red.

The measure also requires local governments to conduct independent traffic engineering studies -- without the influence or money of private vendors -- to determine the location of future cameras.

"I want traffic cameras only in locations where they reduce accidents and where it's a safety issue," said House Transportation Chairman Vince Dean, R-East Ridge, and one of the bill's main sponsors.

"They're a good tool for safety reasons, not for revenue."

Contracts remain

The measure did not address what percentage of fees can be collected by vendors, and it does not affect current cameras for the duration of their contracts. It also doesn't apply to mobile traffic cameras operated from vans.

The bill does include a ban on issuing tickets for failure to stop before turning right on red.

Dean said it will remain a violation to fail to come to a complete halt, but that the cameras can't recognize legitimate reasons for being in the intersection after the light turns red.

"Sometimes you have to pull beyond the stop bar to see around vehicles to see if the way is clear to turn right on red," Dean said. "We also wanted to make certain that the public knew that if they were in the intersection they didn't have to stop and back up when the light turned red."

Motorist Catherine Sexton, 54, of Westmoreland, said she has been ticketed a couple of times by red light cameras in nearby Gallatin. Sexton said there doesn't seem to be enough time to get through the intersections before the light turns red and the camera snaps a picture.

"Before you get to the intersection, you have to be looking for the camera," she said. "It makes me nervous."

Republican Rep. Matthew Hill of Jonesborough rejoiced.

"Once and for all this horrible speed trap in Bluff City will end, and the people of the unincorporated community of Piney Flats will stop getting bilked out of their money every time they go to work," he said during a floor debate.


Tennessee gas price in 2005 before the Haslam regime seized power

Comments

So how fast was Haslam going? 110 mph like state rep Joe McCord? Did he (i.e. the taxslaves) pay the ticket?

ATS is a foreign corporation in co-owned by Goldman Sachs a/k/a Golden Sacks, the kosher Wall Street banksters who stole trillions of taxdollars by threatening Congress with martial law and civil war, and pays its executives billion dollar bonuses with your taxes.

ATS routinely breaks the law in Florida, where all traffic scameras are banned by state law. KENNETH ALVIN BERT vs THE CITY OF TEMPLE TERRACE, a municipality, AMERICAN TRAFFIC SOLUTIONS, LLC, a foreign limited liability company, and ATS AMERICAN TRAFFIC SOLUTIONS, INC., a foreign profit corporation.

Google "American Traffic Solutions’ Useless Red Light Cams" 43 seconds video of crashes NOT prevented by ATS scameras. Bottom line: Red light cameras are dangerous, and have been proven to increase accidents, injuries, and fatalities.

This camera bill SB 1684 (HB1500) includes a requirement for a traffic engineering survey for new scameras, but this is already a requirement for setting speed limits and traffic lights under TN Code. Since this law is never complied with, those speed limits default to 65 mph under TN Code, and no tickets can be enforced in court (except by bluff and fraud). Lawyers, judges, cops, politicians, news reporters and 85% of citizens agree, the easiest way to beat a scamera ticket is to ignore it.

TN Code 55-8-153 Establishment of Speed Zones.
(a) The department of transportation is empowered to lower the speed limits prescribed in § 55-8-152 in business, urban or residential districts, or at any congested area, dangerous intersection or whenever and wherever the department shall determine, upon the basis of an engineering and traffic investigation, that the public safety requires a lower speed limit.

TN Code 55-8-152 - Speed limits - penalties.
(a) Except as provided in subsection (c), it is unlawful for any person to operate or drive a motor vehicle upon any highway or public road of this state in excess of sixty-five miles per hour (65 mph).

"No traffic or engineering study had been performed as required in order to establish a thirty-mile-per-hour speed limit. The judgment of the trial court is hereby vacated, and this case is remanded to the court below for further proceedings in accordance with this opinion. Costs on appeal are taxed to the City of Oak Ridge."
-COURT OF APPEALS OF TENNESSEE AT KNOXVILLE, CITY OF OAK RIDGE v. DIANA RUTH BROWN, No. E2008-02219-COA-R3-CV, MAY 8, 2009

"It is extremely easy to beat this type of ticket in court. Your easiest defense is to simply throw the ticket away. If it does not come with a return receipt that requires a signature, there is no proof that you actually got the ticket."
-Norman G. Fernandez, attorney, BikerLawBlog, free ebook How to Beat a Speeding Ticket - Photo RADAR

"Your photo radar defense: Ignoring The Letter. When you receive a general post letter advising you of your photo radar citation, you have the option of just ignoring it. All states have guidelines on how the citation must be served. In effect, your payment or appearance at the courthouse is your acceptance of service. By not responding to the letter, you are refusing acceptance of service. In addition, none of the departments are making personal service to anyone that lists a PO Box as their mailing address on their vehicle registrations."
-Lt "Radar" Roy Reyer Maricopa County Sheriff Office, Phoenix, Arizona, RadarBusters, Your Photo Radar Defense

"Lasercraft is a member of the Public Safety Equipment PSE group of companies. Public Safety Equipment (Intl) Ltd, Registered Office, Yeadon, Leeds, England. Beijing Mag Science & Technology Development Corp, Beijing, China."
lasercraftinc.com
pse-intl.com
maggroup.org

"Redflex Group is based in South Melbourne, Victoria, Australia. Redflex Holdings Limited was listed on the Australian Stock Exchange in January 1997. Redflex Traffic Systems Inc has contracts with more then 130 USA cities, and is the largest provider of digital red light and speed enforcement services in North America."
—Redflex.com, $500,000 Knoxville TN Redflex invoice paid to National Australia Bank

"You've got all these speed cameras here. In L.A. people would say, 'Why don't you just shoot them out?'"
-Jay Leno, BBC Top Gear (crowd cheers wildly)

Green Hornet shoots redlight scamera (crowd cheers wildly)

Knox County TN deputy sheriff confessed to shooting a redlight camera, all charges dismissed against Cliff Clark.

Google "38 redlight scamera execs and govt officials on trial for bribery and fraud" (criminal trials, prison sentences)

COP.
2. to steal; filch. 3. to buy (narcotics). 4. cop out, a. to avoid one's responsibility, the fulfillment of a promise, etc.; renege; back out. 5. cop a plea, a. to plead guilty or confess in return for receiving a lighter sentence. b. to plead guilty to a lesser charge; plea-bargain.
—Random House Unabridged Dictionary




SB 1684 and HB 1500

Traffic Safety - As introduced, revises enforcement provisions of unmanned traffic surveillance cameras. - Amends TCA Title 55, Chapter 8.

Bill Summary

This bill makes the following changes and additions to present law concerning the use of traffic enforcement cameras:

(1) This bill requires that before any new unmanned traffic enforcement camera is implemented, the local governing body must undertake a traffic engineering study. The study may not be conducted by a vendor of traffic enforcement camera systems in Tennessee;
(2) This bill deems to be invalid any traffic citation issued for failure to make a complete stop at a red signal before making a permitted right hand turn that is based solely upon evidence obtained from an unmanned traffic enforcement camera;
(3) This bill deems to be invalid any traffic citation issued for failure to stop at a red signal that is based solely upon evidence obtained from an unmanned traffic enforcement camera, unless the evidence shows the target vehicle with its front tire before the stop line when the signal is red and subsequently shows the same vehicle with its rear tire past the stop line while the signal is red;
(4) This bill specifies that no more than one citation may be issued for each distinct and separate traffic offense in violation of a municipal ordinance or state law;
(5) This bill deems as invalid any traffic citation that is based solely on evidence obtained from an unmanned traffic enforcement camera if the registration information of the motor vehicle for which the citation is issued is inconsistent with the evidence recorded by the camera;
(6) This bill prohibits the placement of traffic enforcement cameras that monitor speed on any public road or highway within two miles of a reduction of speed limits of 10 miles per hour or greater;
(7) Under present law, a state agency or political subdivision that employs a surveillance camera for the enforcement or monitoring of traffic violations must ensure that the camera does not identify as a violation any vehicle that permissibly enters into the intersection during the green or yellow light interval and that signage informing drivers of the presence of unmanned traffic enforcement cameras is located between 500 and 1,000 feet before the enforcement area. Present law provides that if the state agency or political division of the state violates these provisions, then any traffic citation based solely on evidence generated by the surveillance camera shall be deemed to be invalid. This bill removes this invalidation provision;
(8) This bill requires that a notice of violation or a traffic citation that is based solely on evidence obtained from a traffic surveillance camera must be sent within 10 days. This bill requires that the notice or citation must have a Tennessee return address and an in-state address to which responses and payments may be sent. Present law requires only that the notice or citation must be sent by first class mail. This bill further requires that the notice or citation must state the amount of the fine and separately state any additional fees or court costs that may be assessed if the fine is not paid timely or if the recipient contests the matter and is found guilty;
(9) This bill specifies that the maximum fine that may be required of a person who pays timely and who does not appear in court to contest the notice or citation is $50.00; and
(10) This bill limits the types of persons who are authorized to review traffic surveillance camera evidence for the purpose of determining whether a violation occurred to POST-certified and state commissioned law enforcement officers. Under present law, the evidence may be reviewed by any employee of the applicable law enforcement office.

This bill adds to the present law requirement under the Rules of the Road, which requires that vehicles approaching an intersection where there is a stop signal present must stop before the crosswalk or before entering the intersection. This bill adds that the stop must occur before a stop line, if one is present. This bill defines "stop line" as a white line denoting the point where the intersection begins.

ON MAY 21, 2011, THE SENATE ADOPTED AMENDMENTS #1, #2 AND #3 AND PASSED SENATE BILL 1684, AS AMENDED.

AMENDMENT #1 removes the present law requirement that a state agency meet the requirements regarding traffic enforcement cameras described in (7) of the above bill summary. Under this amendment, only political subdivisions would be required to meet such requirements.

Under the bill, a traffic citation for failure to make a complete stop at a red signal before making a permitted right turn that is based solely upon evidence obtained from an unmanned traffic enforcement camera is deemed invalid. This amendment revises this provision to instead specify that:

(1) A traffic enforcement camera system may be used to issue a traffic citation for an unlawful right turn on a red signal at an intersection that is clearly marked by a "No Turn on Red" sign erected by the responsible municipal or county government in the interest of traffic safety; and
(2) Any other traffic citation for failure to make a complete stop at a red signal before making a permitted right turn that is based solely upon evidence obtained from an unmanned traffic enforcement camera would be deemed invalid.

Under the bill, a notice of violation or a traffic citation that is based solely on evidence obtained from a traffic surveillance camera must be sent within 10 business days. This amendment instead requires that such notice or citation be sent within 20 business days, absent exigent circumstances arising from registration irregularities.

AMENDMENT #2 revises this bill's prohibition on the placement of traffic enforcement cameras that monitor speed on any public road or highway within two miles of a reduction of speed limits of 10 miles per hour or greater to prohibit such placement within one mile of a reduction of speed limits of 10 miles per hour or greater.

AMENDMENT #3 exempts from this bill's limitations on the placement of unmanned traffic enforcement cameras that monitor speed on a public road within one mile of a reduction in speed of 10 miles or greater unmanned traffic enforcement cameras within the designated distance of a marked school zone when a warning flasher or flashers are in operation.




"Any prosecutor can convict a guilty man; it takes a great prosecutor to convict an innocent man."
-Dallas DA Henry Wade


"As district attorney of Dallas for an unprecedented 36 years, Henry Wade was the embodiment of Texas justice. Nineteen convictions — three for murder and the rest involving rape or burglary — won by Wade and two successors who trained under him have been overturned after DNA evidence exonerated the defendants. About 250 more cases are under review. No other county in America — and almost no state, for that matter — has freed more innocent people from prison in recent years than Dallas County, where Wade was DA from 1951 through 1986. John Stickels, a University of Texas at Arlington criminology professor and a director of the Innocence Project of Texas, blames a culture of 'win at all costs.' 'When someone was arrested, it was assumed they were guilty,' he said. 'I think prosecutors and investigators basically ignored all evidence to the contrary and decided they were going to convict these guys.' In his last 20 years as district attorney, his office won 165,000 convictions, the Dallas Morning News reported when he retired. In the 1960s, Wade secured a murder conviction against Ruby, the Dallas nightclub owner who shot Lee Harvey Oswald after Oswald's arrest in the assassination of President Kennedy. Ruby's conviction was overturned on appeal, and he died before Wade could retry him."
-MSNBC, "After Dallas DA’s death 19 convictions undone," 7/29/2008

"I didn't shoot nobody no Sir! I'm just a patsy!"
-Lee Harbey Oswald, shot and killed by a jewish mobster inside the same Dallas Police Dept that President JFK Sr was shot and killed in front of


TN cops want to suck you



A DUI conviction is as easy as shootin lawyers in a quail hunt...

"There's a report out tonight that 24-years ago I was apprehended in Kennebunkport, Maine, for a DUI. That's an accurate story. I'm not proud of that. I oftentimes said that years ago I made some mistakes. I occasionally drank too much and I did on that night. I was pulled over. I admitted to the policeman that I had been drinking. I paid a fine. And I regret that it happened. But it did. I've learned my lesson."
—President George W. Bush, CNN Larry King Live, November 2, 2000

"Vice president Cheney’s first DWI conviction came in November 1962 when he was 21. According to the docket from Cheyenne Municipal Court, Cheney was arrested for 'operating motor vehicle while intoxicated.' A judge found Cheney guilty of the two charges and hit him with a 30-day suspension of his driver’s license. Cheney also had to forfeit a $150 bond. A police arrest card by Rock Springs Police Department shows Cheney was fined $100 for his second DWI conviction. According to Police Chief Neil Kourbelas, local cops and judges would not have known that Cheney was a repeat offender. "We could have arrested Jack the Ripper back then and had no idea what he had done.'”
-GaDUIblog.com, Top 50 DUI Arrests of All-Time, Feb 16 2007

"I'm the guy who pulled the trigger and shot my friend." [but was not tested for blood alcohol]
-Vice President Dick Cheney, Fox News, TheSmokingGun.com



"Strictly speaking, a driver can register a BAC of 0.00% and still be convicted of a DUI. The level of BAC does not clear a driver when it is below the 'presumed level of intoxication.'"

Tennessee Driver Handbook and Driver License Study Guide

Video: Big Sis Pre-Crime System to Brain Scan Americans For Thinking “Malintent” - “Future Attribute Screening Technology (FAST), a US Department of Homeland Security (DHS) programme designed to spot people who are intending to commit a terrorist act, has in the past few months completed its first round of field tests at an undisclosed location in the northeast,” reports Nature.

Tennessee Homeland Security Fusion Center Puts ACLU On Terrorist List - . “The Tennessee Fusion Center (TFC) is a team effort of local, state and federal law enforcement, in cooperation with the citizens of the State of Tennessee, for the timely receipt, analysis and dissemination of terrorism information and all criminal activity relating to Tennessee, including DUI, and monitoring hidden cameras in all bars, restaurants and strip clubs,” explains the Tennessee Bureau of Investigation.


DUI bill requires blood draw in certain cases in Tennessee

May 30, 2011

It wasn't Kenneth Guyer Jr.'s first time behind the wheel allegedly drunk.

When the 40-year-old man got pulled over in September, it was his third time being stopped on suspicion of driving under the influence.

And law enforcement knew about his 1994 and 2003 DUI convictions.

When a police officer in Benton, Tenn., asked him to take a breath test or consent to a blood draw, he refused. When his case got to court, prosecutors didn't have enough evidence to charge him as a three-time DUI offender, so the charge was reduced to a lesser, included offense.

But if DUI-related legislation awaiting Gov. Bill Haslam's signature gets the go-ahead, defendants like Guyer will no longer slip through a loophole.

The legislation, which would go into effect Jan. 1, 2012, will require police to force a blood draw regardless of whether the driver consents to it if they have a prior DUI conviction or if they have a child in the vehicle with them under the age of 16.

Sponsored by lawmakers Sen. Mae Beavers, R-Mount Juliet, and Rep. Tony Shipley, R-Kingsport, the legislation, which critics claim violates certain constitutional rights, received unanimous support in the House and Senate.

"We're tired of drunk drivers killing people," said District Attorney General Steve Bebb, who serves Bradley, McMinn, Monroe and Polk counties and who lobbied for the bill. "We don't know if it will stand up or if it's constitutional, but we'll test it."

Police began forcibly drawing blood in DUI cases in July 2009. Under current law, in vehicular assault or vehicular homicide cases, police can take a driver's blood with probable cause.

But in all other circumstances, a driver may refuse to submit blood with the understanding his or her driver's license will be suspended. It's called the Implied Consent Statute.

Brooklynn Martin Townsend, an assistant district attorney general in Bebb's 10th Judicial District whose job is funded by a federal grant to strictly prosecute DUI cases, hopes the legislation prohibits defendants like Guyer from getting off so easy.

"With multiple offenders, generally after their first or second DUI, their defense attorney says, 'Don't take the BAC (blood-alcohol content) test,' " Townsend said. "They learn not to do anything so they know they get that added benefit of very limited amount of evidence to show they're impaired.

"If I don't have a blood or breath test, as you can see, it can be very difficult to convict a multiple offender."

In addition, she said, multiple DUI offenders often have revoked licenses for prior convictions so the Implied Consent violation means nothing to them.

"This new law will help us immensely in getting multiple offenders who have learned to play the game off the road, which means more lives saved," Townsend said.

But Knoxville-based defense attorney Gregory P. Isaacs contends there is more than one way to prove someone is drunk behind the wheel.

"Field sobriety tests, which are federally approved, are used in every arrest and in court every day as evidence to show someone is impaired. So to say people aren't doing that to get out of a crime is not correct," he said.

Isaacs added that defense lawyers also often use a police video from the arrest that can be more powerful than any test in the eyes of a jury.

He also contends the passing of the bill raises Fourth Amendment issues, most of them grounded in the constitutional right to be free from unreasonable searches and seizures.

"Any time government is allowed to commit a seizure of your body and withdraw evidence prior to being arrested for a crime opens the door for a lot of issues," he said. "This law really opens Pandora's box on virtually every DUI stop and weakens all of our fundamental freedoms."

It's like letting law enforcement go blindly into a convicted sexual offender's home to search because they think something is in there, he said.

Other critics, including Melanie Bean, the Tennessee Association of Criminal Defense Lawyers legislative chair, agreed there are a number of potential constitutional problems with the legislation.

"It's impossible to know exactly how the statute will be interpreted, but these issues will be dealt with on a case-by-case basis by defense lawyers, prosecutors and the courts after the bill goes into effect," she said.

Natalie Neysa Alund may be reached at 865-342-6307.

Comments

"Strictly speaking, a driver can register a BAC of 0.00% and still be convicted of a DUI. The level of BAC does not clear a driver when it is below the 'presumed level of intoxication.'"
Tennessee Driver Handbook and Driver License Study Guide

"One of the major defects in many methods of blood-alcohol analysis is the failure to identify ethanol to the exclusion of all other chemical compounds. Thus a client with other compounds in his blood or breath may have a high 'blood-alcohol' reading with little or no ethanol in his body. If you look at the warranties - it is sort of interesting - none of the breath machine manufacturers warrant these things to actually test blood alcohol."
—Lawrence Taylor, attorney at law, DUICENTER.COM, Drunk Driving Defense, 5th Edition (2000)

"Nancy Benoit also had a blood alcohol reading of .184, although Sperry said the blood alcohol and drug levels could be affected by the decomposition of her body. 'These (blood alcohol) results are not reliable for interpretation because the amount of alcohol in her system could have all come from the decomposition.'"
—Cindy Morley, Fayette Daily News, GBI: Chris Benoit's son was full of Xanax, July 18, 2007

"The only reliable test for blood alcohol from a corpse is by drawing the blood directly from the interior chambers of the heart. Otherwise the blood can be contaminated with stomach and intestinal contents from ingested alcohol. This is especially true for crash victims."
—Dr Randall Pedigo MD, Knox County coroner, KPD firearms instructor and expert medical witness, shot 6 times by TBI during raid on his home searching for firearm used by towtrucking carthieves to kill a cop in Knoxville (actual shooter was "suicided" by police state death squad via "lead poisoning" and hanging), convicted of homosexual rape by injection of "vitamin" sedatives, conversation with Pirate News and The Prohibition Times

So where is all the cash going to come from to pay for all these new laws? Just a question?

Borrowed from Communist China and the private kosher "Federal" Reserve Bank that counterfeits all so-called dollar bills and steals 100% of fed income taxes by the unconstitutional unratified 16th Amendment.

"We don't know if it will stand up or if it's constitutional, but we'll test it." A DA making this statement should raise all kinds of red flags concerning his background and abilities. Any DA that says this should be removed from office.

ohh i see it does not really matter . this is tennessee no probs

this will not pass the constitutionality test. you have a right not to incriminate yourself. shouldnt matter what your criminal history is.

nope you cannot put a man in jail but once . then you can make a criminal of him since his child support will now be past due ... oh yeah and his license is revoked .and ohh yeah he must go to work to keep his children up . ohh wait now hes a felony . gotta love idiots .

"Shit's gettin way too complicated for me. There are white folks, and then there are ignorant mutherfuckers like you! You can put lipstick on a pig. Sorry ass mutherfucker's got nuttin on me. I inhaled frequently - that was the point. Pot helped, and booze. A little blow when you could afford it. Junkie, pothead. That's where I'd been headed. You ain't my bitch nigger, git your own damn fries!"
-Barack Hussein Obama Soetoro, Dreams From My Father MP3

"Prohibition will work great injury to the cause of temperance. It is a species of intemperance within itself, for it goes beyond the bounds of reason in that it attempts to control a man's appetite by legislation, and makes a crime out of things that are not crimes. A Prohibition law strikes a blow at the very principles upon which our government was founded. America will never be destroyed from the outside. If we falter and lose our freedoms, it will be because we destroyed ourselves."
-President Abraham Lincoln (Rothschild), unlicensed attorney at law

"Let me start with law enforcement contacts with respect to traffic stops, for suspicion of driving under the influence of alcohol or drugs. The Fifth amendment of the Bill of Rights states that we are not to be forced to incrimnate ourselves. The actual wording is, you cannot be compelled to be a witness against yourself. If you are stopped for suspicion of DUI, these are your rights regardless of the laws of your state. First of all, you are to deny having consumed any alcoholic beverages whatsoever. You are never to admit to having one or two drinks. If you admit to consuming even one drop of alcohol, you open the door to 'probable cause', allowing the police officer to search your car for open containers. Next, you are never to submit to a Field Sobriety Test. You are to refuse to do so. They cannot make you walk the line, they cannot make you balance or anything else. Now when you are arrested, you are to refuse to allow a blood-alcohol test, regardless of what state law 'requires', such as revocation of driving priveleges for a period of time. That's an attempt to compel you to be a witness against yourself. Supreme Court decisions in this area are very specific with regards to your rights as folows: Lefkowitz vs Turley, and the Fifth Amendment, provides that no person shall be compelled in any criminal case to be a witness against himself, and permits him to refuse to any any other qustions put to him in any other proceeding, civil or criminal, formal or informal, where the answers might incriminate him in future criminal proceedings."
—George Gordon Law Hour, GeorgeGordon.com, "The Policeman is not your friend - He is your adversary," October 30, 2007

"I saw two officers as before, who rode up to me, with their pistols in their hands, said God damn you stop, if go an Inch further, you are a dead Man, and swore if we did not turn in to that pasture, they would blow our brains out. Major Mitchel of the 5th Regt clapd his Pistol to my head, and said he was going to ask me some questions, if I did not tell the truth, he would blow my brains out. I told him I esteemed myself a man of truth, that he had stopped me on the highway, & made me a prisoner, I knew not by what right; I would tell him the truth; I was not afraid."
—Paul Revere, owner of RevereWare¨, sworn affidavit: "Memorandum on Events of April 18, 1775" (declassified Top Secret), while under arrest (and subsequent escape) from Redcoat martial-law traffic police at Minute Man National Historic Park, Paul Revere Capture Site, on the eve of the American Revolutionary War and kicking off the Battle of Lexington and Concord, against the army, navy and courts of King George III, heriditary dictator of England who attempted "gun control" by an Assault Weapons Ban of defensive 50-caliber muskets and cannon, Paul Revere's Ride, by David Hackett Fischer

"Rocky Top you'll always be
Home sweet home to me
Good ole Rocky Top, Rocky Top, Tennessee
Rocky Top, Tennessee.
Once two strangers climbed old Rocky Top
Looking for a moonshine still
Strangers ain't come down from Rocky Top
Reckon they never will."
-University of Tennessee official fight song
http://www.utk.edu/athletics/tn_songs.shtml

"Back during Prohibition, when ATF agents went to the mountains to bust stills, they didn't come back. People wouldn't tolerate that oppression. That was before fluoride was added to the water..."
-Police Officer Jack McLamb, Jack McLamb Radio Show, 20 Feb 2010 (his webmaster was sent to prison for infiltrating Bohemian Grove and shooting video as an employee)
http://www.jackmclamb.org

"Don't get a DUI. When a cop pulls you over..... shoot him!" (crowd cheered wildly)
-Christopher Scum, The Dirty Works, Rebel Scum movie premier, Knoxville Tennessee

Friday, May 27, 2011

Memorial Days Extravaganza on the Dragon

Come to Deals Gap and celebrate the fatal lack of ambulance service, ripoff towtruck fees, police state rackets and neverending wars that bankrupt Amerika!

UPDATE: 3 THP and 2 BCSO on Saturday, zero ambulance, zero rescue squad, one week after the Dragon's first fatality on a cruiser, and sportbiker died 5 times and will never ride again.

MEMORIAL DAY WEEKEND EVENTS - Click here for all links at TailOfTheDragon.com, except the censored events at its party nemesis at DealsGap.com Facebook

DEALS GAP MOTORCYCLE RESORT
Big weekend coming up! Saturday we are going to have a DJ in the kitchen from 11am-2pm. At 2 we will move the music outside to the pavilion where the Sharkadelics will play until 6pm. Draik will be here to spread the word on youth roadracing. Food vendors in the parking lot. And to finish the evening off right Fiddy racing will begin around 9pm in the lot.

WHEELERS MOTORCYCLE SHOP
Located on US129 between Robbinsville NC and the Dragon. FREE Memorial Day Cook Out on Saturday and Sunday starting at 11am. Stop by and say Hi to "As Seen on TV" Ken Wheeler.

FONTANA VILLAGE RESORT
Located only 10 miles from the Dragon.
Memorial Day Weekend Events
05.27-30.11: Summer Fun with swimming, hiking, mountain biking and water sports on Fontana Lake. Join us for live music and great food at the Wildwood Grill all weekend. Live Entertainment: Logan Murrell 05.27.11, Country music performing artist on the Wildwood Grill deck. 6:00pm - 10:00pm. Live Entertainment: Craver 05.28.11 Craver comes from Atlanta, GA and performs a wide selection of classic and upbeat party rock. The band will be performing from 6:00pm -9:30 on the Wildwood Grill deck.

THE LODGE AT COPPERHEAD
Located in the mountains of north Georgia, near Blairsville. Memorial Day weekend line-up:
Friday - 8 pm - You can be the Star! Karaoke
Saturday - 9 am - Ride in Blairsville Memorial Day Parade
Saturday - 5 pm - Trigger Finger Band
Sunday - 10 am - Guided ride "The Gauntlet"
Sunday - 3 pm - Cookout by the Pool
Sunday - 4-8 pm - Mike Watson Band Poolside
Sunday - 9 pm - Fireworks in The Yard
Monday - 8 am - Farewell Breakfast with the Chef

SMOKY MOUNTAIN HARLEY DAVIDSON
Memorial Mayhem II is coming to Maryville, Tennessee! Come to The Shed at Smoky Mountain Harley-Davidson May 28-30 for a three-day weekend packed with music, motorcycles, and plenty of mayhem! Tickets to all concerts are on sale now at SMH-D.com

The party kicks off Friday night at The Shed with Mustang Sally, these girls never disappoint the crowd. On Saturday, American Daredevil Bubba Blackwell roars onto the scene for two FREE shows.

First catch a jaw-dropping stunt show at 1pm, and then at 4pm Bubba will jump over 12 cars! On Saturday night, The Shed will be shaking with Marty Stuart so be sure to get there early because this one could sell out. Finally, Sunday enjoy the Skyline Bluegrass Band during lunch at Stinker's Bar-B-Que Shack.

In addition to all that rockin' and rollin', the Harley Heroes van will also be on site all three days from 10am to 4pm. Harley-Davidson and Disabled American Veterans (DAV) team up to provide free counseling and assistance with government benefits for all veterans and their families. Stop by so they can walk you through all the services available.

Vendors open throughout the weekend include pinstriping, food, merchandise, and more. As always, Stinkers BBQ and The Shed's new grill station will also be in full swing! Celebrate your Memorial weekend Mayhem-style at SMH-D with some excellent grub, boot-stompin' music, unbelievable stunt shows, and a rockin' good time.

For more information on the Smoky Mountain Harley-Davidson family of dealerships, call (865) 977-1669 or visit SMH-D.com.

MEMORIAL DAY WEEKEND ACCOMMODATION SPECIAL RATES

FONTANA VILLAGE RESORT is extending a discount program for TOD newsletter subscribers. The special is 15% off all resort lodging, Sunday through Thursday, for 2011.

MOUNTAIN VIEW CABINS Located just off the Cherohala Skyway in Tellico Plains TN. Very nice, clean, affordable cabins, and rooms. Private bathrooms, linens, cooking options, heat/ac, TV, campfire area, free wifi at Riverfront Lodge. Some cabins have hot tubs. Larger cabins have Jucuzzi, hot tub, and pool table. Ask for 10% Tail of the Dragon Discount for more than one night stay (423)519-2000

Memorial Day Getaway Join The CLARKTON MOTEL in Maggie Valley for a Bike Ride & Bon Fire! 2 Queen beds (up to 4 people), dorm size refrig., & micro. Free bike washing area, rags provided. Complimentary am coffee, tea, or hot chocolate. 2 Night Special with tax $132.16 3 Night Special with tax $164.64. Contact: Clarketon Motel, 1527 Soco Rd., Maggie Valley, NC 28751, 800-787-6998 or 828-926-1110

Great Smokys Cabin Rentals Memorial Day Weekend Special - 5% off select cabins. With over 40 cabins (many are motorcycle friendly) spanning through Western North Carolina as far East as Dillsboro/Sylva. Great Smokys Cabin Rentals is the company for you! From rustic cabins to luxury cabins, we have it all! Call our toll-free number between 8 AM & 8 PM and let us assist you in finding the perfect vacation cabin rental for your Smoky Mountain getaway. TELEPHONE 800-655-9771 or 828-488-4630

SMOKY MOUNTAIN MANSION Located near the Cherohala Skyway and Robbinsville NC. Rent a room or the entire mansion. Spend Memorial Day Weekend at the Smoky Mountain Mansion. Book the entire mansion for a minimum of two nights over Memorial Day Weekend at a 10% discount. Mansion features six bedrooms, 5 1/2 baths. Paved access, some covered parking. Space, comfort, privacy. Call 828-479-4220.

TWO WHEEL INN Located on US129 just north of Robbinsville NC. Special Rates for Memorial Day Week: May 26, 27, 28, 29, 30, 31, June 1, 2 give code 0530 and receive 10% off any of these mentioned dates. 828-479-4248

MICROTEL of Bryson City NC Managed by a Harley rider and certainly biker friendly with 59 rooms, spacious parking lot, bar & grill on site. Cleaning cloths are available for bikers as well as a water hose. Prepackaged map packet directions to the Dragon, Cherohala, Great Smokies, Highlands 64, FootHills parkway and The Road to Nowhere. 828-488-7900. Offering a 15% discount to all bikers on their bikes.