Module III: Defenses and Privileges: The Fifth Amendment Privilege Document Production/Immunity
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Michael Brelo trial: Day 3 afternoon session – Video
Michael Brelo trial: Day 3 afternoon session
NEOMG reporter Ida Lieszkovszky talks about Cleveland police officer Michael Demchak invoking the Fifth Amendment during officer Michael Brelo #39;s trial on Wednesday, April 8.
By: cleveland.com
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CPD Officer Invokes Fifth Amendment right during Michael Brelo trial – Video
CPD Officer Invokes Fifth Amendment right during Michael Brelo trial
A CPD police officer invoked his Fifth Amendment right during CPD patrol officer Michael Brelo #39;s trial Wednesday. WEWS NewsChannel5 is On Your Side with breaking news weather updates...
By: WEWS NewsChannel5
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CPD Officer Invokes Fifth Amendment right during Michael Brelo trial - Video
Michael Brelo Indicted: Fellow Cleveland Police Officer Refuses To Testify In Manslaughter Trial Over High Speed Chase
A Clevelandpolice officer refused to testify Wednesday during the trial of a colleague, Officer Michael Brelo, who facestwo counts of manslaughterin a case that involved a wild high-speed chase. Officer Michael Demchak invoked his Fifth Amendment right against self-incrimination on the witness stand after answering just a few basic questions about his identity and work history, citing advice from an attorney to not testify unless granted immunity, Cleveland.comreported.
Cuyahoga County (Ohio) Prosecutor Timothy J. McGinty wasn't pleased with the officer's refusal to answer questions. "We need his testimony in this trial. We're asking for his testimony," McGinty said, asWEWS-TV reported."We're asking for the truth. That is his duty as a police officer."
Brelo, who was indicted on two counts of voluntary manslaughter May 30, 2014, is on trial in connection with the Nov. 29, 2012, deaths ofTimothy Russell and Malissa Williams. Russell, 43, and Williams, 30, both unarmed, led police on a wild car chase that involved more than 100 officers and 60 police cars. Russell and Williams were each struck with more than 20 rounds after police fired nearly 100 shots at the 1979 Chevrolet Malibuin which the pair had been traveling.
Brelo, 31, fired 49 rounds and reportedly jumped on the hood of the car and fired about 15 rounds after the chase had concluded, the Cleveland Plain Dealer reported. Prosecutors argue the action was unjustifiable since the chase was over.
Investigators said Demchak fired his gun four times during the incident and prosecutors filed motions before the trial opposing police officers who might invoke the Fifth Amendment, Cleveland.com reported. McGinty reportedly told the court that police officers knew one of the fellow officers had done something wrong that night but were refusing to come forward.
The judge in the case decided to allow police officers to invoke the Fifth Amendment just as any other citizen would be allowed to do. "You're asking a witness to rely on your word that you won't charge him, but that's just not the standard," said Judge John P. O'Donnell, as Cleveland.com reported.
Prosecutors expressed frustration that Demchak's refusal to testify had set a precedent. "It won't end with this," McGinty told the court, Cleveland.com reported. "I am reluctant to start doing it here and now for fear of the future result."
Two other police officers -- the first to say he saw Brelo on the hood of the car and that officer's partner -- have been granted immunity in the case thus far. Two more police officers are expected to invoke the Fifth Amendment in the trial, Cleveland.com reported.
The trial beganMondayand is expected to last five to seven weeks.In December 2014, following an investigation that began in response to the shooting of Russell and Williams,U.S. Attorney General Eric Holder found that the Cleveland Division of Police engaged in a pattern of excessive use of deadly force.
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CORRUPT FLORIDA COPS DONT CARE ABOUT YOURE FOURTH AMENDMENT RIGHTS – Video
CORRUPT FLORIDA COPS DONT CARE ABOUT YOURE FOURTH AMENDMENT RIGHTS
CORRUPT FLORIDA COPS DONT CARE ABOUT YOURE FOURTH AMENDMENT RIGHTS THE ILLEGALY AND UNCONSTITUTIONALLY ARE RECORDING YOURE CELL PHONE ...
By: LIVEFREE ORDIE
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CORRUPT FLORIDA COPS DONT CARE ABOUT YOURE FOURTH AMENDMENT RIGHTS - Video
Probable Cause And The Fourth Amendment – Video
Probable Cause And The Fourth Amendment
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Decision to throw out suit affirmed
A panel of appellate judges disagreed Thursday about whether an Arkansas prison inmate was entitled to a hearing on his complaint that a visual body-cavity inspection by prison guards violated his Fourth Amendment rights.
Two members of the three-judge panel agreed with U.S. District Judge D. Price Marshall Jr.'s decision to dismiss the handwritten, pro-se lawsuit on the grounds that the allegations "failed to rise to a constitutional violation."
But Judge Kermit Bye of Fargo, N.D., disagreed with his fellow panelists at the 8th U.S. Circuit Court of Appeals in St. Louis, writing in a partial dissent that he thinks Marshall should have conducted a "balancing test" to weigh the need for the search against an invasion of inmate Kendrick C. Story's personal rights.
"Despite broad rights of correctional officers to search prisoners, there are limits on when strip searches are appropriate," Bye wrote, citing previous 8th Circuit rulings. In those rulings, the appellate court said district judges may consider less-invasive techniques in deciding whether a strip search was reasonable, found it relevant that a strip search was conducted in a private bathroom, and held that strip searches should be conducted as far from public view as possible without compromising security concerns, in a manner that isn't degrading or humiliating.
In his lawsuit, Story said he was returning to the Williams Correctional Facility from a school at the Pine Bluff unit on April 16, 2013, when officers at the gate told him to remove his clothes, lift his genitals, and bend over and spread his buttocks for a visual body-cavity search. He complained that the search took place in front of other inmates and in view of two security cameras, and that female guards watched through a video feed from cameras in the master control room.
Marshall dismissed the case on July 30, 2013.
U.S. Circuit Judges Steven M. Colloton of Des Moines, Iowa, and Raymond W. Gruender of St. Louis said in their majority ruling affirming the dismissal that the prison guards were entitled to qualified immunity, making it "unnecessary and inefficient" to even consider whether there was a constitutional violation.
"Qualified immunity gives government officials breathing room to make reasonable but mistaken judgments, and protects all but the plainly incompetent or those who knowingly violate the law," the majority opinion said, citing a 2013 ruling.
The majority also said that the U.S. Supreme Court "never has resolved whether convicted inmates retain a Fourth Amendment right against unreasonable searches while in custody," although it has said it didn't apply to a search of a prison cell because of "the close and continual surveillance of inmates and their cells required to ensure institutional security and internal order."
The 7th U.S. Circuit Court of Appeals, based in Chicago, has said inmates retain no rights under the Fourth Amendment regarding visual inspections by guards, but the 8th Circuit has said inmates are entitled to Fourth Amendment protections against unreasonable searches of their bodies, the majority opinion noted.
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Colt 1911 Gold Cup Pistol for Sale – Video
Colt 1911 Gold Cup Pistol for Sale
Second Amendment Auction A brief film showcasing one of our latest and greatest firearms up for auction. She #39;s a Colt 1911 Mark IV Gold Cup "National Match" pistol in a .45 caliber combination....
By: Second Amendment Giveaways
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Some Conservative Lawmakers Working To Roll Back Gun Restrictions – Second Amendment – Video
Some Conservative Lawmakers Working To Roll Back Gun Restrictions - Second Amendment
Some Conservative Lawmakers Working To Roll Back Gun Restrictions - Second Amendment - America #39;s newsroom =========================================== **Please Click Below to ...
By: Mass Tea Party
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Some Conservative Lawmakers Working To Roll Back Gun Restrictions - Second Amendment - Video
SUNSET ON THE SECOND AMENDMENT 1080p – Video
SUNSET ON THE SECOND AMENDMENT 1080p
I am just a middleman trying to spread the word FAIR USE NOTICE: This video may contain copyrighted material. Such material is made available for entertainment purposes only. This constitutes...
By: Timothy anon
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GOP hopefuls flock to NRA cattle call
Updated at 6:15 p.m.
Nearly all of the 2016 GOP presidential hopefuls wereonstage Friday attheNational Rifle Association's annual leadership conference in Nashville, a GOP cattle-call of sortsthat gavethepotential candidates a chance to trumpet their Second Amendment bona fides.
Attendees heardfrom a majority of the GOP's first- and second-tier presidential primary contenders, former Florida governor Jeb Bush, Wisconsin Governor Scott Walker, Florida Sen. Marco Rubio, Texas Sen. Ted Cruz, Indiana Governor Mike Pence, South Carolina Sen. Lindsey Graham, former Texas governor Rick Perry, former Arkansas governor Mike Huckabee, former Pennsylvania senator Rick Santorum, Louisiana Gov. Bobby Jindal, retired neurosurgeon Ben Carson and businessman Donald Trump.
Notable absences? Kentucky Sen. Rand Paul and New Jersey Gov. Chris Christie, both of whom have a prickly relationship with the NRA and were not invited to attend -- Paul because of his affiliation with another gun-rights group and Christie who scores low on the NRA's scorecard. Paul told Bloomberg that it was the group's loss, not his: "To not be invited, probably, will serve more to cast aspersions on their group than it would on me. Because my record's pretty clear. It probably looks a little bit petty for them not to invite a major candidate because I raised money for other Second Amendment groups."
For those candidates who made the cut, today wasa critical campaign stop. The Post's David A. Fahrenthold reported on the role of gun rights in the GOP last month:
Even for those who dont own [guns],they are a bellwether of individual liberty, a symbol of what big government wants and shouldnt have. ... As the 2016 campaign gets going, guns and hunting will inevitably be part of its political theater. That may offer a chance for longtime gun-owning candidates to stand out....Already, on the campaign trail, several contenders have used their support for guns as a way to signal broader conservative bona fides. In a party full of internal arguments, this is one thing few will argue with.
Find the speech highlights below.
Bobby Jindal
Biggest applause line: "You sometimes get the idea that president Obama and Hillary Clinton believe that these are just crazy right-wing ideas...But these are not the ideas of a right wing conspiracy. These are the pillars of our nation. And thats why I was glad to write the law in Congress after Hurricane Katrina ensuring that never again can the government seize your firearms after a disaster."
Biggest flop: "I remember the days when Hollywood actually liked the First Amendment. Well maybe they havent read the First Amendment lately. Theyre too busy dealing with record-low movie attendance."
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Is encryption the Second Amendment for the Internet?
Last week, FBI Director James Comey once again campaigned for backdoors into the encryption programs of tech companies, writes Sunday Yokubaitis at the Daily Dot.
Tech execs say privacy should be the paramount virtue, he told the House of Representatives Appropriations Committee. When I hear that, I close my eyes and try to imagine what the world looks like where pedophiles cant be seen, kidnappers cant be seen, [and] drug dealers cant be seen.
The United States government is playing to fear, uncertainty, and doubt. The reality is the government already collects a tremendous amount of personal data about its citizens through the location data our phones give away, National Security Agency metadata programs and online shopping habits without our consent.
Encryption is how privacy-conscious Internet users fight back against the unblinking eye of government mass surveillance and protect themselves online. Even if the NSA can break some encryption technologies, were at least making it harder and more expensive for them to track law-abiding citizens en masse. When Comey asks for backdoors, he is really just asking to make his job easierwith dubious benefits and very serious risks.
We must protect encryption because backdoors are inherently insecure.
Todays Question: Is encryption the Second Amendment for the Internet?
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As Scott Walker addresses NRA, concealed carry vote criticized
Gov. Scott Walkers vote against a concealed carry bill in 2002 resurfaced Friday as the likely presidential candidate addressed an annual convention of the National Rifle Association.
Democrats highlighted the vote which clashes with his otherwise lengthy record of supporting Second Amendment rights as yet another example of Walker shifting his position for political gain. The 2002 vote came just before Walker mounted a successful campaign for Milwaukee County executive.
But Walker spokeswoman Kirsten Kukowski countered that the reason Walker voted against the bill was because it came up after a lengthy late-night session and didnt follow the normal legislative process.
Gov. Walker was protecting the voters through transparency, Kukowski said. This is why the NRA has and continues to believe Gov. Walker stands up for Second Amendment rights, continually giving him good ratings year after year.
Walker didnt address his 2002 vote in his speech Friday, but highlighted how he has an A+ rating from the NRA as governor and had an A rating as a state legislator.
Im proud of that even though some on the left may say its a scarlet letter, Walker said in the speech. I say its a badge of honor.
The likely 2016 presidential contender has come under fire for shifting his position on various issues, including immigration, right-to-work, abortion, ethanol mandates and the Common Core education standards.
Add concealed carry to the list of issues Walker has changed his position on just to benefit himself, said Jason Pitt, a spokesman for the Democratic National Committee. If weve learned anything from Scott Walker over the past few months its that his constant pandering on issues has defined him as one of the least trustworthy candidates among the 2016 GOP field.
Kukowski said Walkers record of supporting the Second Amendment included:
Co-sponsoring a constitutional amendment in the late 1990s that added the right to keep and bear arms;
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As Scott Walker addresses NRA, concealed carry vote criticized
Nevada Panel OKs Bill to Create Pro-Second Amendment License Plates
A Nevada Senate committee has passed a bill authorizing special license plates showing support for the Second Amendment.
The Senate Transportation Committee voted unanimously Thursday to pass Senate Bill 229, which is sponsored by Republican Sen. Don Gustavson. It now heads for a vote on the Senate floor.
The proposed license plate design features a frontiersman with a gun and the words "Battle Born" and "Protect the Second Amendment." It would cost more than the standard Nevada license plate design.
Proceeds from sales of the plate would benefit the Nevada Firearms Commission. The committee added an amendment specifying that the money must be used for gun training or gun safety education.
Republican Committee Chair Scott Hammond said he didn't want the funds to be funneled to political activities
To read more about bills in this session, click here.
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Nevada Panel OKs Bill to Create Pro-Second Amendment License Plates
Rand Paul calls NRA snub 'petty'
U.S. Senator Rand Paul (R-KY), a 2016 Republican White House hopeful, gestures with his cell phone as he speaks at a campaign event in Milford, New Hampshire April 8, 2015. REUTERS/Joel Page
Republican presidential candidate Rand Paul told Bloomberg News he believed it was petty that the National Rifle Association did not invite him to address attendees at their annual conference in Nashville this weekend.
Other potential Republican White House contenders will speak at the NRA gathering on Thursday, but both the Kentucky Senator and New Jersey Governor Chris Christie were given the snub by the gun rights organization.
The interesting thing is that theres probably no greater advocate for the Second Amendment in Congress than myself, Paul told Bloomberg. To not be invited, probably, will serve more to cast aspersions on their group than it would on me. Because my records pretty clear. It probably looks a little bit petty for them not to invite a major candidate because I raised money for other Second Amendment groups.
Paul claims that the NRA is punishing him for working with other firearm organizations like the National Association for Gun Rights and Gun Owners of America.
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The truth about the NRA's snub of Rand Paul
The National Rifle Association says the only reason Sen. Rand Paul didnt get an invitation to its annual convention in Nashville this weekend was its inability to accommodate all the 2016 GOP presidential hopefuls.
But Republican insiders know that Paul is persona non grata with the countrys largest Second Amendment advocacy group because of his affiliation with another, more militant gun rights organization, its brash executive director, and his vast direct-mail network focused on hard-core conservative issues.
Story Continued Below
Nine Republican presidential contenders are set to address the NRAs annual convention, which is seen as a signature event for the GOPs base.
While Paul didnt make the cut, the NRA is not writing him off for good. He maintains an A rating with the group, which acknowledges Paul is good on Second Amendment issues. According to the NRA, he might have been offered a speaking slot, too, had he reached out. The explanation from Pauls camp is that hes busy with events on the trail following the official launch of his campaign on Tuesday in Kentucky.
But make no mistake: the NRAs snub of Paul is but the latest flashpoint in a long power struggle between the group and its rival, the National Association for Gun Rights.
Its also a reminder of the candidates deep anti-establishment roots, which some supporters fear could harm his presidential campaign, especially when they are tied to entities that could compromise the message of inclusion that Paul is shaping.
Dudley Brown, a pugnacious Coloradan, started the NAGR 15 years ago as a national companion organization to Rocky Mountain Gun Owners. He brands both organizations as the no compromises gun lobby, a less-than-subtle knock on the NRA for being too Washington-focused and less absolutist on Second Amendment issues.
The disdain is mutual the NRA once dismissed Brown as the Al Sharpton of the gun movement.
But Browns organizations are about far more than gun rights. Theyre closely connected to libertarian direct mail operations rooted in the National Right to Work movement and aimed at advancing a number of conservative causes, including sharp opposition to gay marriage and abortion rights.
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The Impact of the First Amendment on American Businesses – Closing Remarks – Video
The Impact of the First Amendment on American Businesses - Closing Remarks
Maryland Carey Law Professor Danielle Citron delivers the closing remarks at the 2015 JBTL Symposium, "The Impact of the First Amendment on American Businesses." The symposium facilitated a...
By: Maryland Carey Law
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The Impact of the First Amendment on American Businesses - Closing Remarks - Video
Chicago transit workers file First Amendment lawsuit against CTA – Video
Chicago transit workers file First Amendment lawsuit against CTA
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Chicago transit workers file First Amendment lawsuit against CTA - Video
First Amendment and Technology – Professor Hillary Greene – Video
First Amendment and Technology - Professor Hillary Greene
Professor Hillary Greene of the University of Connecticut School of Law participates in panel 2 the 2015 JBTL Symposium, "The Impact of the First Amendment on American Businesses." Panel 2...
By: Maryland Carey Law
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First Amendment and Technology - Professor Hillary Greene - Video
Despite First Amendment, Religious Freedom Has Not Been Easy in America – Video
Despite First Amendment, Religious Freedom Has Not Been Easy in America
Religious freedom laws sponsored by opponents of same-sex marriage in Indiana, Arkansas and other states have recently triggered fierce protests from gay rights groups that have led lawmakers...
By: VOA News
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Despite First Amendment, Religious Freedom Has Not Been Easy in America - Video