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An Eye on Recent Motorist Rights Court Cases

FROM National Motorists Association https://www.motorists.org Motorist rights cases have made news and even history recently. There have been so many as of late, we are dedicating two separate newsletters to provide some insight on the legal rulings that are affecting drivers around the country. This week’s newsletter focuses on recent rulings and pending US Supreme Court and federal court cases. Part 2 next week will outline state court decisions. TheNewspaper.com, featured prominently in these two newsletters, is a great supplement to the NMA’s Motorists.org site for the latest news and opinions on the politics of driving. The US Supreme Court (SCOTUS) Last week’s unanimous decision that curtails excessive government fines and property seizures has provided further impetus for one of the NMA’s primary lobbying initiatives: civil asset forfeiture (CAF) reform. The decision received broad bipartisan praise. Justice Ruth Bader Ginsburg wrote in the ruling that the excessive fines clause is a fundamental restriction that applies to the states under the due process clause of the Fourteenth Amendment. While the SCOTUS decision is monumental, the fight is far from over. Some states still allow the seizure of property from citizens — motorists are prime targets — who have never been charged with a crime. Our work for reform at the federal and state levels continues in earnest. Additionally, SCOTUS accepted a case in January that will decide whether an unconscious drunk person has given implied consent for a blood draw to determine alcohol level. The case might resolve an important constitutional question: Can state legislatures obviate the warrant requirement by “deeming” that citizens can consent to Fourth Amendment searches without explicitly expressing that consent? Federal Appeals Court Cases Judges for the Fifth Circuit Court of Appeals ruled in late January that a person driving a registered vehicle on a public road […]

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Motorcycle Profiling is Official Daytona PD Policy

Video footage obtained by the MPP from the North Florida Council of Clubs confirms that motorcycle profiling is not only widespread in Daytona Beach, but it is also official law enforcement policy. In the words of Daytona PD Chief Craig Capri, “If you wear your colors [in Daytona Beach], you’re going to get stopped.” This official policy is unconstitutional and exposes the entire Daytona PD to civil liability. This video evidence also justifies a cost-free legislative solution in the form of a simple prohibition against motorcycle profiling combined with relief for victims. Chief Capri’s Statement Proves Unconstitutional Practices Are Policy Without any other evidence, Chief Capri’s Statement alone proves that the Daytona PD profiles motorcycle club members as a matter of policy. This official policy irrefutably violates the 1st, 4th, and 14th Amendments to the US Constitution. Federal courts have confirmed that motorcycle club colors are protected by the 1st Amendment. To punish an individual through seizure in the form of a profiling stop anyone “who wears the insignia of [a 1% motorcycle club], without regard to or knowledge of that individual’s specific intent to engage in the alleged violent activities committed by other members, is antithetical to the basic principles enshrined in the First Amendment and repugnant to the fundamental doctrine of personal guilt that is a hallmark of American jurisprudence. see Coles v. Carlini 162 F.Supp.3d 380 (2015) Chief Capri’s statement also violates the 14th Amendment because it represents Selective Enforcement of the law. Capri’s statement proves that the strategy to use traffic stops as a way to punish those exercising their rights of expression and association is premeditated and selective. In terms of the 4th Amendment, any minor traffic pretext used to stop a club member in Daytona Beach should be presumed invalid. Exposure To Civil Liability

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Meet The White House’s New Chief Climate Change Skeptic

William Happer, a Princeton scientist who is doubtful of the dangers of climate change, appears to be leading a White House challenge to the government’s conclusion that global warming is a threat. Twenty five years ago, William Happer had an encounter with the White House that ended badly. At the time, in 1993, the Princeton professor was taking a break from academia to direct scientific research at the U.S. Department of Energy. He turned a skeptical eye toward one of then-Vice President Al Gore’s favorite issues: the risks posed by chemicals eating away at ozone in the stratosphere and letting in dangerous ultraviolet radiation. As the story goes, Happer went to the White House and told Gore’s staff he saw no evidence that the ozone hole actually was hurting anyone. Gore was annoyed, and Happer lost his job. Today, Happer is back in the White House, still fighting against what he considers unfounded claims that our globe is in danger. But this time, his cause is backed by the man in the Oval Office. Happer, 79, joined the staff of President Trump’s National Security Council last fall. And according to documents first leaked to The Washington Post, he appears to be pushing the White House to mount a challenge to the government’s official assessment of climate change, which calls climate change a serious national security threat. On Thursday, the chairs of four different committees in the House of Representatives sent a letter to President Trump expressing concern about “recent reports that the National Security Council (NSC) is planning to assemble a secret panel, led by a discredited climate change denier, to undermine the overwhelming scientific consensus on the nature and threats of climate change.” The four Democrats called it “deeply concerning that Dr. Happer appears to be spearheading” that effort.

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