Tag Archives: Constitutional Rights

Former Libertarian gubernatorial candidate argues against Real ID Act

A judge put the brakes on Libertarian Party candidate Adrian Wyllie’s argument against a new Florida driver’s license law on Monday.

Wyllie, who ran unsuccessfully for Florida governor, said that the driver’s license law violated citizens’ privacy.

A Collier, Fla. judge quickly denied his claim.

Wyllie agreed to plead no contest and received a $150 fine, with no probation or jail time.

“I applaud you for trying to fight for your honest conviction,” Collier County Judge Mike Carr said to Wyllie during the hearing.

“I am very disappointed with the outcome here,” said Wyllie after the hearing.

He said a stand had to be taken on Constitutional grounds, saying that new driver’s license requirements, in particular Real ID, is an invasion of privacy.

 
NBC-2.com WBBH News for Fort Myers, Cape Coral

School Strip Searches Girl, Claims She Has No Constitutional Rights

 

The Milton Hershey School in Harrisburg, Pennsylvania ordered a young female student to take her shirt off. Administrators apparently conducted the strip-search because they thought the student was attempting to conceal a cell phone under her clothing–such devices are banned at the school. The girl’s mother claimed that school officials said they have every right to do this, since students do “not have Constitutional rights” in a private school.

The mother, Trina Howze, is now suing the school. Her court complaint, which named the daughter as “C.W.,” asserted that school officials “touched C.W. all over her body – including her chest – feeling for a smartphone… After the strip search, C.W., feeling violated, was visibly upset, crying and shaken.”

No phone was ultimately found on C.W.

When Howze complained to the school, they defended their actions and reportedly told her that C.W. “does not have constitutional rights because she is in a private school.” Howze claimed that she then called officers at the Derry County Police Department, who told her nothing could be done about the situation. “It is what it is, Ms. Howze,” they allegedly said.

Howze is seeking $75,000 in damages from the school, which describes itself as a “cost-free, private, coeducational home and school for pre-kindergarten through 12th grade students from the families of low income, limited resources and social need operating in the Commonwealth of Pennsylvania.”

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Cop Breaks 10-Year-Old’s Leg Then Sexually Assaults His Mom Claims Lawsuit

Court documents claim officers of the NYPD’s 63rd Precinct came to Krystle Silvera’s home looking for an ex-boyfriend at 7 a.m. on Jan. 30, 2013.

Silvera’s mother, a 61-year-old lung and brain cancer patient, answered the door, but couldn’t understand why the officers were there. That is when Silvera’s 10-year-old son picked up his moms phone and attempted to record the events taking place as he was “fascinated by the police, he looks up to them”, according to his mom Krystle Silvera.

The events alleged in court documents to have followed are extremely ominous. The officer, in violation of established case law, attempted to violate the child’s right to film by assaulting him according to the suit. Ms. Silvera is quoted by NY Daily News as saying, “I heard my son screaming, ‘You can’t do that! You’re hurting me! Don’t hit me!’ ”

According to court papers the cop kicked the boy in the shin breaking his leg. Her son was then put in handcuffs and restrained until they later realized he was only a child and removed the 10-year-old’s restraints.

It was during this commotion that Ms. Silvera, who had been getting her 5-year-old ready for school upstairs, ran downstairs dressed only in underclothes and into the commotion attempting to ensure her son was safe. The suit alleges Ms. Silvera, was grabbed by a cop who pulled her outside into the bitter cold. While putting her into restraints her breast came out exposing a nipple piercing.

“The officer flicked the piercing, he flicked the ring up with his finger on my right breast,” she said. “He said, ‘Is this what mothers look like these days?’

Then, in a common police tactic employed to cover up violations of individual’s rights, the police charged Silvera with assaulting the cops. She was released on $1,500 bail after being held for two days.

Upon her arrival home she noticed her son’s leg was swollen and bruised prompting her to take the boy to Kings County Medical Center, where an X-ray revealed his leg was fractured

Anthony Ofodile, the family’s attorney said, “I’ve seen a lot of police brutality cases, but nothing as low as this, kicking a 10-year-old boy.”

The events alleged to have transpired, paint an out of control police force with no respect for the constitutional rights or safety of the citizens they serve. The courts have consistently affirmed that photography is not a crime, and that individuals have a right to film law enforcement officers in the carrying out of their official public duties. Regardless of the child’s actions, there is no reason for a 10-year-old boy to have his leg broken by an officer of the law for the legal act of filming as the suit alleges.

Ultimately, it’s taxpayers that pay the costs associated with these suits, relating to alleged officer misconduct, such as this. The time has come to hold accountable the rogue officers that bring disgrace upon the shield. For more information on what it means to put the constitution first as a law enforcement officer visit Oath Keepers. To learn more about your rights when dealing with law enforcement visit Cop Block.

Follow Jay on Facebook and on Twitter @SirMetropolis

He Has No Drugs And Knows His Constitutional Rights

Across the nation yesterday and likely all throughout this weekend, local law enforcement will be putting up DUI checkpoints.  The idea behind these checkpoints is that they help to get drunk drivers off of the roads.  Unfortunately, time and again we see that these checkpoints do very little in that regard while managing to trample over the constitutional rights of sober drivers.

Today, I was alerted by a viewer to this video as he asked for help sharing it.  It was taken not even 24 hours ago by a young man in Rutherford County, TN by the name of Chris Kalbaugh.  Chris was stopped at one of these checkpoints last night and as you will see in the video he complied with the law.  The whole time Chris was recording his encounter with police.  Over and over his constitutional check-pointrights were violated and once again he was told the same thing so many of us have heard over and over: that we must sacrifice our liberty for safety.  In Chris’ case, none of the conduct by police in this video made him or anyone else on the roadways in Rutherford County any safer.

Here is the video and a quote from the Rutherford County Libertarians Facebook page:

“As we speak, video of police abuse here in Rutherford County is being viewed by hundreds of thousands of people all over the world, thanks to reddit picking it up. Concerned citizens are flooding the phone lines and email inboxes of the local sheriff’s office, police department, and highway patrol. Hats off to fellow member Chris Kalbaugh for asserting his constitutional rights.”