This just in . . .
A nice tale of our justice system in action . . .
SAN FRANCISCO (AP) - The California Supreme Court on Monday upheld the arrest of a bicyclist for not having identification when he was pulled over for pedaling in the wrong direction on a one-way street.
The ruling upheld a state law allowing officers to arrest and search vehicle-code offenders who do not have identification. The infraction is punishable by a $100 fine.
The decision ''is probably the price we're paying for 9-11,'' said Richard Fitzer, attorney for defendant Conrad McKay, referring to the Sept. 11 terrorist attacks.
The justices, ruling 6-1, also said the methamphetamine an officer found on McKay after his arrest in Los Angeles County could be used against him in court. McKay was sentenced to nearly three years after pleading guilty to a drug charge.
The high court followed a U.S. Supreme Court decision in April that validated a Texas motorist's arrest for not being buckled up, a 5-4 ruling that said police can arrest and handcuff people for minor traffic offenses.
''We conclude, in accordance with the United States Supreme Court precedent, that custodial arrests for fine-only offenses do not violate the Fourth Amendment,'' Justice Marvin R. Baxter wrote for the majority.
In the dissent, Justice Janice Rogers Brown argued that the decision gives police too much power to practice ''unreviewable discretion to select the target of such enforcement activity.''
The 34-year-old McKay, who is white, has served his sentence.
He could not be located Monday for comment.
Peace and Prayers,
Kent Daniel Bentkowski
Buffalo, New York UFSA
(United Fascist States of Amerika)
CA Supreme Court Upholds Cyclist Arrest For Having No I.D.
KentDB741
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This just in . . .
A nice tale of our justice system in action . . .
SAN FRANCISCO (AP) - The California Supreme Court on Monday upheld the arrest of a bicyclist for not having identification when he was pulled over for pedaling in the wrong direction on a one-way street.
The ruling upheld a state law allowing officers to arrest and search vehicle-code offenders who do not have identification. The infraction is punishable by a $100 fine.
The decision ''is probably the price we're paying for 9-11,'' said Richard Fitzer, attorney for defendant Conrad McKay, referring to the Sept. 11 terrorist attacks.
The justices, ruling 6-1, also said the methamphetamine an officer found on McKay after his arrest in Los Angeles County could be used against him in court. McKay was sentenced to nearly three years after pleading guilty to a drug charge.
The high court followed a U.S. Supreme Court decision in April that validated a Texas motorist's arrest for not being buckled up, a 5-4 ruling that said police can arrest and handcuff people for minor traffic offenses.
''We conclude, in accordance with the United States Supreme Court precedent, that custodial arrests for fine-only offenses do not violate the Fourth Amendment,'' Justice Marvin R. Baxter wrote for the majority.
In the dissent, Justice Janice Rogers Brown argued that the decision gives police too much power to practice ''unreviewable discretion to select the target of such enforcement activity.''
The 34-year-old McKay, who is white, has served his sentence.
He could not be located Monday for comment.
Peace and Prayers,
Kent Daniel Bentkowski
Buffalo, New York UFSA
(United Fascist States of Amerika)
A nice tale of our justice system in action . . .
SAN FRANCISCO (AP) - The California Supreme Court on Monday upheld the arrest of a bicyclist for not having identification when he was pulled over for pedaling in the wrong direction on a one-way street.
The ruling upheld a state law allowing officers to arrest and search vehicle-code offenders who do not have identification. The infraction is punishable by a $100 fine.
The decision ''is probably the price we're paying for 9-11,'' said Richard Fitzer, attorney for defendant Conrad McKay, referring to the Sept. 11 terrorist attacks.
The justices, ruling 6-1, also said the methamphetamine an officer found on McKay after his arrest in Los Angeles County could be used against him in court. McKay was sentenced to nearly three years after pleading guilty to a drug charge.
The high court followed a U.S. Supreme Court decision in April that validated a Texas motorist's arrest for not being buckled up, a 5-4 ruling that said police can arrest and handcuff people for minor traffic offenses.
''We conclude, in accordance with the United States Supreme Court precedent, that custodial arrests for fine-only offenses do not violate the Fourth Amendment,'' Justice Marvin R. Baxter wrote for the majority.
In the dissent, Justice Janice Rogers Brown argued that the decision gives police too much power to practice ''unreviewable discretion to select the target of such enforcement activity.''
The 34-year-old McKay, who is white, has served his sentence.
He could not be located Monday for comment.
Peace and Prayers,
Kent Daniel Bentkowski
Buffalo, New York UFSA
(United Fascist States of Amerika)
