the following appeared in today's CATO Daily Dispatch. Interesting stuff!

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alan

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Panel Recommends Civil Liberties Review Board

"A federal commission on terrorism recommended on Monday that the White House establish an independent bipartisan panel to review whether new laws and regulations proposed by the government might infringe on civil liberties," The New York Times reports. In "Breaking the Vicious Cycle: Preserving Our Liberties While Fighting Terrorism," Timothy Lynch, director of Cato's Project on Criminal Justice, writes: "The president of the United States wields enormous power, but it is sheer folly for anyone to think that he can stop terrorists from attacking the American homeland. Since intelligence and defense experts fully expect more atrocities in the foreseeable future, it is clear that Americans have a stark choice: We can either retain our freedom or we can throw it away in an attempt to make ourselves safe."




Supreme Court OKs Maryland Drug Arrests

"The Supreme Court ruled yesterday that Baltimore County police acted properly four years ago when they arrested all three occupants of a car after the officers discovered drugs and cash inside and everyone denied owning them," The Washington Post reports. "By a vote of 9 to 0, the court said that such an arrest was consistent with the constitutional requirement that arrests be based on 'probable cause,' because under the circumstances it was reasonable to assume that one, some or all of the people in the car were involved in illegal activity." In "The Drug War on the Constitution," Steven Duke, Yale University professor of law, calls the Fourth Amendment of the United States Constitution "a casualty of the drug war." He argues that "the drug war cannot succeed in ending the consumption of illicit substances but if the unwinnable war continues, it can deprive us all of precious liberties. It has already done so."
 
The Supreme Court opinion in Maryland v. Pringle does not break new ground, IMHO. Anyone who thought otherwise probably wasn't paying attention. It does not create a blanket rule as some people are prone to assume. It still requires an examination of facts sufficient to support the probable cause standard.
 
Unfortunately, the material I originally posted didn't do all that well in the translation, some links didn't transfer, I don't know why, anyhow, to get the benefit of the entire story, interested parties might go to the following web address: www.cato.org. Once there, look at the boxes on the right hand side of the screen, or failing that, try the following link.

http://www.cato.org/realaudio/drugwar/papers/duke.html

WYO, please note.
 
In MP school, we went over this scenario. Now, granted, this was
UCMJ, not common civil or criminal law. However, after about
30 minutes of screaming debate in class, it came down to, common
area, it's found contraband and confiscated. Period. Subjects walk. You
can yell scream and threaten, but unless one fess's up, you
can't apprehend. You can detain long enough to finish the paper
work. The subjects make it into the blotter, and they get a card
in the card file. But it's basically over.

Tailoring the law isn't going to make the law any better. It never
has, and it never will. I firmly belive that this sort of things
just makes it all much much worse. The supreme court
screws up again. Big suprise that.
 
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