Supreme Court Deals Blow (literally) to Fourth Amendment
By stacyb, 12:36 pm, Sat 17 Jun 2006
Well, that's debatable, but last week the High Court handed down a decision in the case Hudson v. Michigan, which has legal scholars (and bloggers) buzzing about the implications for other 4th Amendment protections.
For those who forget exactly what the Fourth Amendment protects, an oversimplified explanation would be that it protects individuals against unreasonable searches and seizures by the government/state and has long been considered an essential check on governmental abuse of its state police powers.
Appropriately, Slate heralded the case as “the most important case you’ve never heard about” and unfortunately, they are probably right as I haven't seen a lot of coverage of the case in the news.
Slate goes on to sum up the issue in Hudson:
At issue is whether or not police who used an illegal "no-knock" raid to enter a defendant's home can use the drugs they seized inside against the defendant at trial. To understand the importance of this case, some background is in order.
As the name indicates, a "no-knock" raid occurs when police forcibly enter a private residence without first knocking and announcing that they're the police. The tactic is appropriate in a few limited situations, such as when hostages or fugitives are involved, or where the suspect poses an immediate threat to community safety. But increasingly, this highly confrontational tactic is being used in less volatile situations, most commonly to serve routine search warrants for illegal drugs.
In other words, does the Fourth Amendment prohibit evidence obtained from a no-knock search from being used against a defendant? Previously the answer was a firm, "yes". In legalese this doctrine is referred to as the exclusionary rule. However, in a 5-4 opinion that is extremely deferential to the government/police, the Supreme Court answered with a resounding "no."
The always-helpful SCOTUSblog puts it this way:
When the case was argued on May 18 (the second of two arguments in the case this Term), it seemed clear that a major Fourth Amendment ruling was in the making. The final opinions justify that impression.
The bare holding of the case is simple: if police have a warrant to search a home, and they enter in a way that violates their constitutional duty to knock first and announce themselves, the evidence turned up in the search can be used in a criminal prosecution.
[snip]
In articulating a second theory as critical to the Hudson decision, the Court made clear that its views may be changing on the value of the exclusionary rule in deterring police misconduct. It exhibited a greater willingness than it has in the past to trust police officers to avoid constitutional violations, and a belief that that trust can better be reinforced by means other than judicial suppression of evidence that is vital to successful criminal prosecutions. This theory was most vividly in display in Justice Scalia's analysis of present-day deterrents that may keep police in line. "It seems to us not...true, as Hudson contends, that without suppression there will be no deterrence of knock-and-announce violations at all," Scalia wrote.
Scalia posits an interesting theory which could possibly also be described as wishful thinking which tends to be repudiated by real life crime-fighting- that the possibility of suppressing evidence gained from police actions that violate the 4th Amendment has not been a meaningful deterrent to such violations. And that begs the question- then what is?
Well, the blog Crooked Timber points us to the answer- and pulled right from Justice Scalia's opinion no less:
By the by, Scalia, writing for the majority, is happy to set his originalism aside and argue that the growth of “public-interest law firms and lawyers who specialize in civil-rights grievances … [and] the increasing professionalism of police forces, including a new emphasis on internal police discipline … [and] the increasing use of various forms of citizen review can enhance police accountability” all mean that the fourth amendment can be reinterpreted.
I am willing to bet there are quite a few citizens out there who would beg to differ.
And the blog, The Agitator, reminds us why allowing the police to break down your door without first announcing their presence, may in fact be important, never mind the privacy concerns:
Just for review, those reasons would include the terror and fright associated with having once door beaten down in the middle of the night by armed, masked men; the unimaginable predicament a homeowner is unwillingly put in when he must decide if the intruders are cops or criminals, and whether to confront them or succumb to them; the injury and death that often transpires (to police, suspects, and bystanders) as a result; the right to assume one's home is his castle and place of asylum, and the idea that one should have the opportunity to answer police and avoid the fright and property destruction resulting from a forced entry; and the fact that the perilousness of the situation can lead to police themselves mistaking harmless gestures on the part of suspects as threatening or menacing, again resulting in unnecessary death and injury.
It remains to be seen what impact this decision will have on future Fourth Amendment cases that DON'T deal with the knock-and-announce rule. But so far, many seem to think that this case signals an about-face on the previously accepted and long standing interpretation of the Fourth Amendment and the exclusionary rule.
http://blogher.org/node/6529
President Bush Announces World’s Largest Marine Sanctuary
By Laurel Wamsley
June 15, 2006 At a White House ceremony Thursday afternoon, President George W. Bush announced that nearly 140,000 square miles of islands, atolls, coral reefs, and underwater mountains in the Northwestern Hawaiian Islands would be designated as a national monument and marine sanctuary.
Groups pushing for the region’s protection, including the Pew Charitable Trust's environment program, had expected that Bush would declare the islands a marine sanctuary, and were told only Wednesday night that the area would instead receive monument status. By invoking the 1906 Antiquities Act, Bush will avoid congressional debate, allowing protection of the area to begin immediately.
In his speech, the president attributed his interest in the Northwestern Hawaiian Islands to the private White House screening of Jean-Michel Cousteau’s documentary film, Voyage to Kure.
Cousteau, the son of famed underwater explorer Jacques Cousteau, decided to make the film after being impressed by an initial visit to the islands.
“We were overwhelmed by the marine life and bird life, and by how little attention had been paid to the area,” Cousteau told Outside Online, adding that Bush watched the entire film, then turned to him and said, “We need to get it done.”
The islands are home to 7,000 species of marine and terrestrial life, including the Hawaiian monk seal, the only surviving marine mammal that completely depends on coral reefs. The designated area is 40 times larger than Yellowstone National Park, and encompasses 4,500 square miles of coral reef.
Bush’s announcement marks the culmination of eight years of efforts by conservation groups and Hawaiian native rights organizations. The area’s designation as a marine sanctuary became a primary goal in the last five years, attracting thousands of letters of support. The movement gained momentum once Republican Governor Linda Lingle became involved, enacting measures last year that protect state lands from fishing. The new monument, which awaits a native Hawaiian name, will be managed jointly by the state and federal government, according to the Associated Press.
The monument is an archipelago that stretches 1,400 miles long and 100 miles wide, and is located far away from the more accessible of the Hawaiian islands. Except for Midway Atoll, the site of a major World War II battle, none of the islands are currently open to visitors, said Stephanie Fried, senior scientist in Hawaii with Environmental Defense, a nonprofit environmental group.
Bush did not immediately make available the precise details of what the new monument status will mean for commercial fishermen and potential visitors, and whether the islands will be open to diving and snorkeling is still unclear. Environmental groups have “a tremendous amount of concern” about these activities occurring on islands besides Midway Atoll, said Fried, and state laws currently forbid any commercial activity on these islands. Prior to this announcement, said Fried, only researchers had access to the uninhabited islands, and all visitors were required to wear either brand-new clothing or clothing that had been frozen, in order to prevent alien plant species from taking root.
http://outside.away.com/outside/news/20060616_1.html
Rove Discloses Gift of $2,073 Shotgun
Karl Rove Discloses Gift of 20-Gauge Shotgun Worth $2,073 From Texas Ranch Owner, Other Friends
President Bush 's Deputy Chief of Staff Karl Rove smiles and waves as leaves the White House grounds, Tuesday, June 13, 2006. Rove has been told by prosecutors he won't be charged with any crimes in the investigation into the leak of a CIA officer's identity, his lawyer said Tuesday. (AP Photo/Gerald Herbert)
House passes election-year Iraq resolution
After Sunglasses Gaffe, Bush Apologizes to Legally Blind Reporter
GOP Contenders Court Activists in Iowa
Talk Politics: Join the Debate
WASHINGTON Jun 16, 2006 (AP)— The owner of the South Texas ranch where Vice President Dick Cheney accidentally shot a hunting companion chipped in on the gift of a shotgun for presidential aide Karl Rove last year.
Specifically, a Beretta 687 Silver Pigeon II, a handsome 20-gauge shotgun worth $2,073 that Katharine Armstrong and 10 other friends gave the senior adviser and deputy chief of staff to President Bush, according to financial disclosure forms released Friday for top White House aides.
Among the others who teamed to give the pricey gift, most of them prominent Texas Republicans from Rove's former hometown of Austin, were Mark McKinnon, the chief media strategist for Bush's two presidential campaigns, and Ernie Angelo, a former Republican national committeeman from Midland.
The only detail provided by White House spokesman Ken Lisaius was that the shotgun was a gift to Rove from friends.
Armstrong was chosen by Cheney to release the first word about the February hunting accident and was instrumental in how the story of Cheney's wounding of attorney Harry Whittington came out. Armstrong said Whittington made mistakes that led to the accident during a quail hunt on her ranch, when Cheney later took all the blame, and that there was no drinking, when Cheney acknowledged later he had had one beer several hours before the afternoon hunt.
Rove's disclosure revealed he is worth between $1.8 million and $6.9 million, mostly in stock and bond funds, a rental house in Ingram, Texas, and a Florida beach house. He reported receiving several other gifts, including from Nancy Reagan a $411 collectable shadowbox with silver coins, former President Reagan's signature and a pin-and-relief portrait.
The disclosures cover 2005. Federal ethics laws require only that financial information be reported in broad ranges.
White House chief of staff Joshua Bolten listed assets worth $1.1 million to $2.3 million, including a vacation home in Key West, Fla., worth $500,000 to $1 million. Bolten reported receiving tickets worth $8,000 to the Kennedy Center for the Performing Arts two for the National Symphony season opening ball in September 2005 and two for the Kennedy Center honors in December 2005.
http://www.abcnews.go.com/Politics/wireStory?id=2086842
une 17, 2006, 3:15AM
Columbine Memorial Ceremony Draws Hundreds
By ROBERT WELLER and CATHERINE TSAI Associated Press Writers
© 2006 The Associated Press
LITTLETON, Colo. — On any other day, with any other crowd, a thunderstorm might have ruined the moment. For the families of the 13 people slain at Columbine High School seven years ago, the dark sky almost seemed a fitting backdrop for the groundbreaking ceremony Friday for the long-delayed memorial to the victims.
"It was just like the day we buried Daniel," said Tom Mauser, whose son was killed in the deadliest school shooting in U.S. history. "It rained, and then the sun came out, bright sunshine. Today reminded me of that."
Former President Bill Clinton attended the ceremony _ his second fundraising visit to the school _ and pledged $50,000 toward the memorial.
"I am here today because millions of Americans were changed by Columbine. It was one of the darkest days Hillary and I had in the White House," Clinton said. "This memorial is not only so you don't forget the people you love, but through your lives you honor theirs."
About 2,000 people huddled through a rainstorm and light hail. At times, speakers paused as thunder rolled across the suburban Denver park.
"We're here to remember them, this day and every day hereafter," said Dawn Anna Beck, mother of slain student Lauren Townsend. "We're here as a family and as a community that's been through the darkest of days and is coming through to the light."
The memorial will always be a place to reflect on how lives were changed on April 20, 1999 _ and to know better those who were lost that day, she said.
"This is kind of hallowed ground to us and to the students," Gary Radtke said of Rebel Hill, the memorial site about 500 yards from the school.
"This is where everybody came to grieve after the shootings," said Radtke, whose son, Mark, was among the victims. "We've been waiting for seven years, after all the makeshift memorials, for a permanent one."
Organizers said $250,000 is still needed to pay for the $1.5 million monument to the 12 students and teacher shot to death by suicidal classmates Dylan Klebold and Eric Harris.
Construction of the memorial was delayed because parents worked to raze the school library where most of the victims were killed. Almost two years passed before everyone agreed on the scope and design of the memorial.
http://www.chron.com/disp/story.mpl/ap/nation/3978020.html
National
June 17, 2006, 12:08AM
Many cities, states fail federal test for disaster readiness
New Orleans and Washington among the least prepared
Copyright 2006 Houston Chronicle
WASHINGTON - Nearly five years after the Sept. 11 attacks, most American cities and states are still unprepared for a major catastrophe, a Department of Homeland Security report showed Friday.
The study found that Washington, one of the targets of the Sept. 11 attack, was among the worst-prepared regions for a catastrophic event. Louisiana and the city of New Orleans — both battered by deadly Hurricane Katrina last year — were also among the worst-prepared areas.
Other large urban areas seen to be poorly prepared included Dallas and Oklahoma City — the site of a 1995 bombing that killed 168 people.
President Bush ordered the review of emergency response plans in a visit to New Orleans Sept. 15, weeks after Katrina ravaged the city. It is based on a complicated scorecard for each of the 50 states, 75 major cities and six U.S. territories that rates plans for evacuations, medical care, sheltering of victims, public alerts and other emergency priorities.
The tepid ratings gave fodder to state and local officials who have hammered Homeland Security for cutting their emergency response funding. Two weeks ago, the DHS angered politicians in Washington and New York City by slashing their 2006 counterterrorism funding by 40 percent.
Florida, accustomed to being whipped with hurricane winds, was the only state assessed as ready in all nine categories of catastrophe planning. But state emergency manager Craig Fugate said he wasn't that interested in the rankings.
"All this is nice, but the bottom line is we have to continue to strive to get better," Fugate said. "Is it going to change anything that we're doing? No."
'Not ... a grand surprise'
By comparison, Louisiana's plans were deemed "insufficient" as the state continues to grapple with devastation from hurricanes Katrina and Rita. Similarly, New Orleans' plan received the lowest ranking possible, with only 4 percent of preparedness measures meeting federal standards first outlined in this scorecard.
George Foresman, Homeland Security undersecretary for preparedness, said the assessment should be viewed as a "snapshot" of where the states and cities are in their emergency planning programs.
"This is not something that is a grand surprise," he said. "It has put in documented numbers what we intuitively knew in the post-9/11 era."
Reuters and the Associated Press contributed to this article.
http://www.chron.com/disp/story.mpl/nation/3977370.html
General to Review Report on Haditha
Probe Begins in Separate Iraq Incident
By Joshua Partlow
Washington Post Staff Writer
Saturday, June 17, 2006; Page A16
BAGHDAD, June 16 -- The completed investigation into whether U.S. Marine leaders covered up the deaths of 24 civilians in the Iraqi town of Haditha last year was delivered Friday to a top military commander in Iraq who will "thoroughly review the voluminous report as quickly as possible," the U.S. military said in a statement.
Army Lt. Gen. Peter W. Chiarelli, the No. 2 commander in Iraq, was given the results of a probe conducted by Army Maj. Gen. Eldon A. Bargewell into how the Marines responded in the days and weeks after Nov. 19, 2005, when Marines allegedly reacted to a roadside bomb by shooting unarmed civilians, including women and children.
Rep. John Kline (R-Minn.), a former Marine who met with Chiarelli in Iraq in early June, said last week that the general had already received the report, but a military spokesman here said Friday that Chiarelli had not been given the final version of the report until now.
The statement said Chiarelli "may approve the findings in whole, or he may substitute or add his own findings based on the evidence available in the report. He may send the report back to the investigating officer with additional questions or requests for additional information. Additionally, he may make recommendations that require action by a higher headquarters."
http://www.washingtonpost.com/wp-dyn/content/article/2006/06/16/AR2006061602041.html
ife
WHO report
13 m people die annually from preventable environmental causes
06/16/2006
"The four main diseases influenced by poor environments are diarrhea, lower respiratory infections, various forms of unintentional injuries and malaria," the report said.
Pollution
Filthy drinking water, mosquitoes and other avoidable menaces kill 13 million people a year, the World Health Organization said Friday.
The threat from poorly controlled contact with surroundings is especially lethal to children, Geneva-based WHO said in a 104-page report called "Preventing Disease through Healthy Environments."
While 24 percent of the diseases affecting the general population result from exposure to threats in the environment, the figure rises to more than 33 percent for children, it said. Children account for 94 percent of deaths from diarrhea, one of the biggest childhood killers, resulting largely from unsafe water, it reported.
Forty percent of the people who die annually from malaria are children, the report affirmed. It said the disease could be curbed by keeping housing away from mosquito breeding areas.
The U.N. agency said the study broke new ground because it developed a "hit list" of environmental causes of disease that could best be tackled by a coordinated approach to reduce threats.
http://www.eitb24.com/portal/eitb24/noticia/en/life/who-report-13-m-people-die-annually-from-preventable-environmenta?itemId=D37548&cl=%2Feitb24%2Fsociedad&idioma=en
HHS Secretary's Use of CDC Jet Cost Taxpayers $720,000
Michael Leavitt Authorized to Use Private Plane Only in Emergencies, Not for Political Business
Tell World News Tonight What You Think
By JOHN COCHRAN
June 17, 2006 — Most government VIPs are supposed to fly commercial on official trips. Until this year, the only exceptions were for those involved in national security such as the secretary of defense.
Health and Human Services Secretary Mike Leavitt was not one of those exceptions, until last year, when Congress authorized him to use the jet in certain situations. After the Hurricane Katrina disaster, Congress said Leavitt could use a private jet leased by the Centers for Disease Control and Prevention during "emergencies and in the days following such emergencies." The CDC uses the plane to move its people to medical emergencies.
Leavitt was not supposed to use the jet for normal business travel, but according to Health and Human Services records, he used it to travel to 91 cities this year for meetings on health policy and to sell the administration's controversial Medicare drug prescription plan.
Leasing the private jet costs $3 million a year. In the first five months of 2006 Leavitt's travels cost an additional $720,000 in hourly charges.
Keith Ashdown from the Washington-based Taxpayers for Common Sense was blunt in his reaction: "This is a gold-plated airplane being used for political purposes."
Leavitt defended his use of the jet, telling ABC News he uses it only when commercial travel is too slow to meet his schedule. "Actually, there's nothing political about this," he said. "This is carrying out the business of the Department of Health and Human Services."
http://www.abcnews.go.com/WNT/story?id=2085927
ld is gold…and happy
Posted on : Sat, 17 Jun 2006 18:06:00 GMT | Author : Ryan Jones
News Category : Health
Days of youth are the happiest times of your life, right? Wrong, says a study by researchers from VA Ann Arbor Healthcare System in Michigan. According to the study, older people are happier and more contented with life than their younger counterparts.
“In our culture, we think of old age as a time of helplessness, disability, loneliness and isolation, none of which are necessarily true,” said Heather Pond Lacey, the lead author of the study. Under the study, Lacey and her team developed an online survey and quizzed 542 people of varying age groups and races how happy and content they were with their lives.
The subjects had to rate their levels of happiness on a scale of one to 10, with 10 being the happiest. Of the 542, 273 were between the ages of 21 and 40 years, while 269 fell in the 60 to 86 age group. Around 50 per cent of the respondents, which included African Americans and Hispanics, were females.
An analysis of the results showed that the average level of happiness among those in the 21-40 group was 6.65 but among those between 60 and 86 was 7.32. “Our stereotypes about aging being an unhappy time of life are not correct... you have a lot of good times left in front of you. We're probably better off expecting good things out of our futures,” Lacey said.
http://www.earthtimes.org/articles/show/7213.html
Science News
Report: Melt threatens global warming
Jun 17, 2006, 2:14 GMT
WASHINGTON, DC, United States (UPI) -- A team of Russian and U.S. scientists warns continued thawing of the Siberian permafrost could unleash billions of tons of carbon dioxide.
Writing in the latest issue of the journal Science, the researchers said previous studies of global warming have not taken into account the deep carbon reserve trapped in permafrost in the northern plains of Siberia and central Alaska, the Los Angeles Times said Friday.
The scientists said the thawing of ancient woolly mammoth bones and grasslands in a 400,000 square mile area would dramatically increase the 730 billion metric tons of carbon dioxide already in the atmosphere.
University of Florida botany professor Ted Schuur likens the process, by which decaying plant and animal matter in the soil is converted into carbon dioxide, to taking food out of a freezer and leaving it on the counter until it rots.
Contrary to earlier assumptions that permafrost was as barren as the polar desert, samples taken by the research team found 10 to 30 times as much carbon as in deep soils elsewhere.
http://science.monstersandcritics.com/news/article_1173357.php/Report_Melt_threatens_global_warming
Yahoo's Chinese Search Engine Found To Be Biggest Censor
A press advocacy group says Internet companies can still access the Chinese market without betraying their ethical principles, but it claims Yahoo is a big offender in censorship.
By Antone Gonsalves
TechWeb.com
Jun 16, 2006 05:04 PM
The Chinese version of Yahoo Inc.'s search engine was the worst offender in censorship tests that included rivals Google Inc., Microsoft Corp.'s MSN and local competitor Baidu, an international free press advocacy group said.
Yahoo.cn was also found to censor search results as strictly as Baidu.cn, while Google.cn and beta version of MSN.cn let through more information from sources not authorized by Chinese officials, Reporters Without Borders said.
The Paris-based group said in a statement that it was "particularly shocked" by the scale of censorship on Yahoo.cn. Search results on key words deemed "subversive" by Chinese authorities returned results that were 97 percent pro-Beijing, more than its Chinese rival Baidu.
Requesting information on certain terms, such as the date of the Tiananmen Square massacre or "Tibet independence," would cause the Yahoo.cn search tool to return an error message, the advocacy group said. As a result, the search engine would not respond to any query for about an hour. This method is not used by any other foreign search tools, but Baidu uses a similar technique.
Yahoo officials in the United States were not immediately available for comment.
The tests showed that Microsoft and Google were also filtering results. Searches for "subversive" keywords returned on average 83 percent pro-Beijing Web sites on Google.cn, and 78 percent on MSN.cn. By contrast, the same searches on uncensored search engines like Google.com produced only 28 percent of pro-Beijing sources of information.
Microsoft and Google appeared not to filter content by blocking keywords, but by refusing to include sites considered illegal by the Chinese government, the group said.
While Microsoft and Google run their own Chinese search tools, Yahoo turned over its operations last year to Chinese marketplace Alibaba.com. Yahoo, however, paid $1 billion for a 40 percent stake in the company.
Following laws that restrict access to information has become a part of doing business for Internet companies in the communist nation. As a result, some of those companies have been forced to take actions viewed unfavorably in democratic nations.
Microsoft in January, for example, took down the blog of outspoken Chinese journalist Zhao Jing, in order to comply with China's rules. Yahoo last year gave information about journalist Shi Tao's personal email account to Beijing, which later jailed him for 10 years on charges of divulging state secrets.
http://www.informationweek.com/industries/showArticle.jhtml?articleID=189500110
By stacyb, 12:36 pm, Sat 17 Jun 2006
Well, that's debatable, but last week the High Court handed down a decision in the case Hudson v. Michigan, which has legal scholars (and bloggers) buzzing about the implications for other 4th Amendment protections.
For those who forget exactly what the Fourth Amendment protects, an oversimplified explanation would be that it protects individuals against unreasonable searches and seizures by the government/state and has long been considered an essential check on governmental abuse of its state police powers.
Appropriately, Slate heralded the case as “the most important case you’ve never heard about” and unfortunately, they are probably right as I haven't seen a lot of coverage of the case in the news.
Slate goes on to sum up the issue in Hudson:
At issue is whether or not police who used an illegal "no-knock" raid to enter a defendant's home can use the drugs they seized inside against the defendant at trial. To understand the importance of this case, some background is in order.
As the name indicates, a "no-knock" raid occurs when police forcibly enter a private residence without first knocking and announcing that they're the police. The tactic is appropriate in a few limited situations, such as when hostages or fugitives are involved, or where the suspect poses an immediate threat to community safety. But increasingly, this highly confrontational tactic is being used in less volatile situations, most commonly to serve routine search warrants for illegal drugs.
In other words, does the Fourth Amendment prohibit evidence obtained from a no-knock search from being used against a defendant? Previously the answer was a firm, "yes". In legalese this doctrine is referred to as the exclusionary rule. However, in a 5-4 opinion that is extremely deferential to the government/police, the Supreme Court answered with a resounding "no."
The always-helpful SCOTUSblog puts it this way:
When the case was argued on May 18 (the second of two arguments in the case this Term), it seemed clear that a major Fourth Amendment ruling was in the making. The final opinions justify that impression.
The bare holding of the case is simple: if police have a warrant to search a home, and they enter in a way that violates their constitutional duty to knock first and announce themselves, the evidence turned up in the search can be used in a criminal prosecution.
[snip]
In articulating a second theory as critical to the Hudson decision, the Court made clear that its views may be changing on the value of the exclusionary rule in deterring police misconduct. It exhibited a greater willingness than it has in the past to trust police officers to avoid constitutional violations, and a belief that that trust can better be reinforced by means other than judicial suppression of evidence that is vital to successful criminal prosecutions. This theory was most vividly in display in Justice Scalia's analysis of present-day deterrents that may keep police in line. "It seems to us not...true, as Hudson contends, that without suppression there will be no deterrence of knock-and-announce violations at all," Scalia wrote.
Scalia posits an interesting theory which could possibly also be described as wishful thinking which tends to be repudiated by real life crime-fighting- that the possibility of suppressing evidence gained from police actions that violate the 4th Amendment has not been a meaningful deterrent to such violations. And that begs the question- then what is?
Well, the blog Crooked Timber points us to the answer- and pulled right from Justice Scalia's opinion no less:
By the by, Scalia, writing for the majority, is happy to set his originalism aside and argue that the growth of “public-interest law firms and lawyers who specialize in civil-rights grievances … [and] the increasing professionalism of police forces, including a new emphasis on internal police discipline … [and] the increasing use of various forms of citizen review can enhance police accountability” all mean that the fourth amendment can be reinterpreted.
I am willing to bet there are quite a few citizens out there who would beg to differ.
And the blog, The Agitator, reminds us why allowing the police to break down your door without first announcing their presence, may in fact be important, never mind the privacy concerns:
Just for review, those reasons would include the terror and fright associated with having once door beaten down in the middle of the night by armed, masked men; the unimaginable predicament a homeowner is unwillingly put in when he must decide if the intruders are cops or criminals, and whether to confront them or succumb to them; the injury and death that often transpires (to police, suspects, and bystanders) as a result; the right to assume one's home is his castle and place of asylum, and the idea that one should have the opportunity to answer police and avoid the fright and property destruction resulting from a forced entry; and the fact that the perilousness of the situation can lead to police themselves mistaking harmless gestures on the part of suspects as threatening or menacing, again resulting in unnecessary death and injury.
It remains to be seen what impact this decision will have on future Fourth Amendment cases that DON'T deal with the knock-and-announce rule. But so far, many seem to think that this case signals an about-face on the previously accepted and long standing interpretation of the Fourth Amendment and the exclusionary rule.
http://blogher.org/node/6529
President Bush Announces World’s Largest Marine Sanctuary
By Laurel Wamsley
June 15, 2006 At a White House ceremony Thursday afternoon, President George W. Bush announced that nearly 140,000 square miles of islands, atolls, coral reefs, and underwater mountains in the Northwestern Hawaiian Islands would be designated as a national monument and marine sanctuary.
Groups pushing for the region’s protection, including the Pew Charitable Trust's environment program, had expected that Bush would declare the islands a marine sanctuary, and were told only Wednesday night that the area would instead receive monument status. By invoking the 1906 Antiquities Act, Bush will avoid congressional debate, allowing protection of the area to begin immediately.
In his speech, the president attributed his interest in the Northwestern Hawaiian Islands to the private White House screening of Jean-Michel Cousteau’s documentary film, Voyage to Kure.
Cousteau, the son of famed underwater explorer Jacques Cousteau, decided to make the film after being impressed by an initial visit to the islands.
“We were overwhelmed by the marine life and bird life, and by how little attention had been paid to the area,” Cousteau told Outside Online, adding that Bush watched the entire film, then turned to him and said, “We need to get it done.”
The islands are home to 7,000 species of marine and terrestrial life, including the Hawaiian monk seal, the only surviving marine mammal that completely depends on coral reefs. The designated area is 40 times larger than Yellowstone National Park, and encompasses 4,500 square miles of coral reef.
Bush’s announcement marks the culmination of eight years of efforts by conservation groups and Hawaiian native rights organizations. The area’s designation as a marine sanctuary became a primary goal in the last five years, attracting thousands of letters of support. The movement gained momentum once Republican Governor Linda Lingle became involved, enacting measures last year that protect state lands from fishing. The new monument, which awaits a native Hawaiian name, will be managed jointly by the state and federal government, according to the Associated Press.
The monument is an archipelago that stretches 1,400 miles long and 100 miles wide, and is located far away from the more accessible of the Hawaiian islands. Except for Midway Atoll, the site of a major World War II battle, none of the islands are currently open to visitors, said Stephanie Fried, senior scientist in Hawaii with Environmental Defense, a nonprofit environmental group.
Bush did not immediately make available the precise details of what the new monument status will mean for commercial fishermen and potential visitors, and whether the islands will be open to diving and snorkeling is still unclear. Environmental groups have “a tremendous amount of concern” about these activities occurring on islands besides Midway Atoll, said Fried, and state laws currently forbid any commercial activity on these islands. Prior to this announcement, said Fried, only researchers had access to the uninhabited islands, and all visitors were required to wear either brand-new clothing or clothing that had been frozen, in order to prevent alien plant species from taking root.
http://outside.away.com/outside/news/20060616_1.html
Rove Discloses Gift of $2,073 Shotgun
Karl Rove Discloses Gift of 20-Gauge Shotgun Worth $2,073 From Texas Ranch Owner, Other Friends
President Bush 's Deputy Chief of Staff Karl Rove smiles and waves as leaves the White House grounds, Tuesday, June 13, 2006. Rove has been told by prosecutors he won't be charged with any crimes in the investigation into the leak of a CIA officer's identity, his lawyer said Tuesday. (AP Photo/Gerald Herbert)
House passes election-year Iraq resolution
After Sunglasses Gaffe, Bush Apologizes to Legally Blind Reporter
GOP Contenders Court Activists in Iowa
Talk Politics: Join the Debate
WASHINGTON Jun 16, 2006 (AP)— The owner of the South Texas ranch where Vice President Dick Cheney accidentally shot a hunting companion chipped in on the gift of a shotgun for presidential aide Karl Rove last year.
Specifically, a Beretta 687 Silver Pigeon II, a handsome 20-gauge shotgun worth $2,073 that Katharine Armstrong and 10 other friends gave the senior adviser and deputy chief of staff to President Bush, according to financial disclosure forms released Friday for top White House aides.
Among the others who teamed to give the pricey gift, most of them prominent Texas Republicans from Rove's former hometown of Austin, were Mark McKinnon, the chief media strategist for Bush's two presidential campaigns, and Ernie Angelo, a former Republican national committeeman from Midland.
The only detail provided by White House spokesman Ken Lisaius was that the shotgun was a gift to Rove from friends.
Armstrong was chosen by Cheney to release the first word about the February hunting accident and was instrumental in how the story of Cheney's wounding of attorney Harry Whittington came out. Armstrong said Whittington made mistakes that led to the accident during a quail hunt on her ranch, when Cheney later took all the blame, and that there was no drinking, when Cheney acknowledged later he had had one beer several hours before the afternoon hunt.
Rove's disclosure revealed he is worth between $1.8 million and $6.9 million, mostly in stock and bond funds, a rental house in Ingram, Texas, and a Florida beach house. He reported receiving several other gifts, including from Nancy Reagan a $411 collectable shadowbox with silver coins, former President Reagan's signature and a pin-and-relief portrait.
The disclosures cover 2005. Federal ethics laws require only that financial information be reported in broad ranges.
White House chief of staff Joshua Bolten listed assets worth $1.1 million to $2.3 million, including a vacation home in Key West, Fla., worth $500,000 to $1 million. Bolten reported receiving tickets worth $8,000 to the Kennedy Center for the Performing Arts two for the National Symphony season opening ball in September 2005 and two for the Kennedy Center honors in December 2005.
http://www.abcnews.go.com/Politics/wireStory?id=2086842
une 17, 2006, 3:15AM
Columbine Memorial Ceremony Draws Hundreds
By ROBERT WELLER and CATHERINE TSAI Associated Press Writers
© 2006 The Associated Press
LITTLETON, Colo. — On any other day, with any other crowd, a thunderstorm might have ruined the moment. For the families of the 13 people slain at Columbine High School seven years ago, the dark sky almost seemed a fitting backdrop for the groundbreaking ceremony Friday for the long-delayed memorial to the victims.
"It was just like the day we buried Daniel," said Tom Mauser, whose son was killed in the deadliest school shooting in U.S. history. "It rained, and then the sun came out, bright sunshine. Today reminded me of that."
Former President Bill Clinton attended the ceremony _ his second fundraising visit to the school _ and pledged $50,000 toward the memorial.
"I am here today because millions of Americans were changed by Columbine. It was one of the darkest days Hillary and I had in the White House," Clinton said. "This memorial is not only so you don't forget the people you love, but through your lives you honor theirs."
About 2,000 people huddled through a rainstorm and light hail. At times, speakers paused as thunder rolled across the suburban Denver park.
"We're here to remember them, this day and every day hereafter," said Dawn Anna Beck, mother of slain student Lauren Townsend. "We're here as a family and as a community that's been through the darkest of days and is coming through to the light."
The memorial will always be a place to reflect on how lives were changed on April 20, 1999 _ and to know better those who were lost that day, she said.
"This is kind of hallowed ground to us and to the students," Gary Radtke said of Rebel Hill, the memorial site about 500 yards from the school.
"This is where everybody came to grieve after the shootings," said Radtke, whose son, Mark, was among the victims. "We've been waiting for seven years, after all the makeshift memorials, for a permanent one."
Organizers said $250,000 is still needed to pay for the $1.5 million monument to the 12 students and teacher shot to death by suicidal classmates Dylan Klebold and Eric Harris.
Construction of the memorial was delayed because parents worked to raze the school library where most of the victims were killed. Almost two years passed before everyone agreed on the scope and design of the memorial.
http://www.chron.com/disp/story.mpl/ap/nation/3978020.html
National
June 17, 2006, 12:08AM
Many cities, states fail federal test for disaster readiness
New Orleans and Washington among the least prepared
Copyright 2006 Houston Chronicle
WASHINGTON - Nearly five years after the Sept. 11 attacks, most American cities and states are still unprepared for a major catastrophe, a Department of Homeland Security report showed Friday.
The study found that Washington, one of the targets of the Sept. 11 attack, was among the worst-prepared regions for a catastrophic event. Louisiana and the city of New Orleans — both battered by deadly Hurricane Katrina last year — were also among the worst-prepared areas.
Other large urban areas seen to be poorly prepared included Dallas and Oklahoma City — the site of a 1995 bombing that killed 168 people.
President Bush ordered the review of emergency response plans in a visit to New Orleans Sept. 15, weeks after Katrina ravaged the city. It is based on a complicated scorecard for each of the 50 states, 75 major cities and six U.S. territories that rates plans for evacuations, medical care, sheltering of victims, public alerts and other emergency priorities.
The tepid ratings gave fodder to state and local officials who have hammered Homeland Security for cutting their emergency response funding. Two weeks ago, the DHS angered politicians in Washington and New York City by slashing their 2006 counterterrorism funding by 40 percent.
Florida, accustomed to being whipped with hurricane winds, was the only state assessed as ready in all nine categories of catastrophe planning. But state emergency manager Craig Fugate said he wasn't that interested in the rankings.
"All this is nice, but the bottom line is we have to continue to strive to get better," Fugate said. "Is it going to change anything that we're doing? No."
'Not ... a grand surprise'
By comparison, Louisiana's plans were deemed "insufficient" as the state continues to grapple with devastation from hurricanes Katrina and Rita. Similarly, New Orleans' plan received the lowest ranking possible, with only 4 percent of preparedness measures meeting federal standards first outlined in this scorecard.
George Foresman, Homeland Security undersecretary for preparedness, said the assessment should be viewed as a "snapshot" of where the states and cities are in their emergency planning programs.
"This is not something that is a grand surprise," he said. "It has put in documented numbers what we intuitively knew in the post-9/11 era."
Reuters and the Associated Press contributed to this article.
http://www.chron.com/disp/story.mpl/nation/3977370.html
General to Review Report on Haditha
Probe Begins in Separate Iraq Incident
By Joshua Partlow
Washington Post Staff Writer
Saturday, June 17, 2006; Page A16
BAGHDAD, June 16 -- The completed investigation into whether U.S. Marine leaders covered up the deaths of 24 civilians in the Iraqi town of Haditha last year was delivered Friday to a top military commander in Iraq who will "thoroughly review the voluminous report as quickly as possible," the U.S. military said in a statement.
Army Lt. Gen. Peter W. Chiarelli, the No. 2 commander in Iraq, was given the results of a probe conducted by Army Maj. Gen. Eldon A. Bargewell into how the Marines responded in the days and weeks after Nov. 19, 2005, when Marines allegedly reacted to a roadside bomb by shooting unarmed civilians, including women and children.
Rep. John Kline (R-Minn.), a former Marine who met with Chiarelli in Iraq in early June, said last week that the general had already received the report, but a military spokesman here said Friday that Chiarelli had not been given the final version of the report until now.
The statement said Chiarelli "may approve the findings in whole, or he may substitute or add his own findings based on the evidence available in the report. He may send the report back to the investigating officer with additional questions or requests for additional information. Additionally, he may make recommendations that require action by a higher headquarters."
http://www.washingtonpost.com/wp-dyn/content/article/2006/06/16/AR2006061602041.html
ife
WHO report
13 m people die annually from preventable environmental causes
06/16/2006
"The four main diseases influenced by poor environments are diarrhea, lower respiratory infections, various forms of unintentional injuries and malaria," the report said.
Pollution
Filthy drinking water, mosquitoes and other avoidable menaces kill 13 million people a year, the World Health Organization said Friday.
The threat from poorly controlled contact with surroundings is especially lethal to children, Geneva-based WHO said in a 104-page report called "Preventing Disease through Healthy Environments."
While 24 percent of the diseases affecting the general population result from exposure to threats in the environment, the figure rises to more than 33 percent for children, it said. Children account for 94 percent of deaths from diarrhea, one of the biggest childhood killers, resulting largely from unsafe water, it reported.
Forty percent of the people who die annually from malaria are children, the report affirmed. It said the disease could be curbed by keeping housing away from mosquito breeding areas.
The U.N. agency said the study broke new ground because it developed a "hit list" of environmental causes of disease that could best be tackled by a coordinated approach to reduce threats.
http://www.eitb24.com/portal/eitb24/noticia/en/life/who-report-13-m-people-die-annually-from-preventable-environmenta?itemId=D37548&cl=%2Feitb24%2Fsociedad&idioma=en
HHS Secretary's Use of CDC Jet Cost Taxpayers $720,000
Michael Leavitt Authorized to Use Private Plane Only in Emergencies, Not for Political Business
Tell World News Tonight What You Think
By JOHN COCHRAN
June 17, 2006 — Most government VIPs are supposed to fly commercial on official trips. Until this year, the only exceptions were for those involved in national security such as the secretary of defense.
Health and Human Services Secretary Mike Leavitt was not one of those exceptions, until last year, when Congress authorized him to use the jet in certain situations. After the Hurricane Katrina disaster, Congress said Leavitt could use a private jet leased by the Centers for Disease Control and Prevention during "emergencies and in the days following such emergencies." The CDC uses the plane to move its people to medical emergencies.
Leavitt was not supposed to use the jet for normal business travel, but according to Health and Human Services records, he used it to travel to 91 cities this year for meetings on health policy and to sell the administration's controversial Medicare drug prescription plan.
Leasing the private jet costs $3 million a year. In the first five months of 2006 Leavitt's travels cost an additional $720,000 in hourly charges.
Keith Ashdown from the Washington-based Taxpayers for Common Sense was blunt in his reaction: "This is a gold-plated airplane being used for political purposes."
Leavitt defended his use of the jet, telling ABC News he uses it only when commercial travel is too slow to meet his schedule. "Actually, there's nothing political about this," he said. "This is carrying out the business of the Department of Health and Human Services."
http://www.abcnews.go.com/WNT/story?id=2085927
ld is gold…and happy
Posted on : Sat, 17 Jun 2006 18:06:00 GMT | Author : Ryan Jones
News Category : Health
Days of youth are the happiest times of your life, right? Wrong, says a study by researchers from VA Ann Arbor Healthcare System in Michigan. According to the study, older people are happier and more contented with life than their younger counterparts.
“In our culture, we think of old age as a time of helplessness, disability, loneliness and isolation, none of which are necessarily true,” said Heather Pond Lacey, the lead author of the study. Under the study, Lacey and her team developed an online survey and quizzed 542 people of varying age groups and races how happy and content they were with their lives.
The subjects had to rate their levels of happiness on a scale of one to 10, with 10 being the happiest. Of the 542, 273 were between the ages of 21 and 40 years, while 269 fell in the 60 to 86 age group. Around 50 per cent of the respondents, which included African Americans and Hispanics, were females.
An analysis of the results showed that the average level of happiness among those in the 21-40 group was 6.65 but among those between 60 and 86 was 7.32. “Our stereotypes about aging being an unhappy time of life are not correct... you have a lot of good times left in front of you. We're probably better off expecting good things out of our futures,” Lacey said.
http://www.earthtimes.org/articles/show/7213.html
Science News
Report: Melt threatens global warming
Jun 17, 2006, 2:14 GMT
WASHINGTON, DC, United States (UPI) -- A team of Russian and U.S. scientists warns continued thawing of the Siberian permafrost could unleash billions of tons of carbon dioxide.
Writing in the latest issue of the journal Science, the researchers said previous studies of global warming have not taken into account the deep carbon reserve trapped in permafrost in the northern plains of Siberia and central Alaska, the Los Angeles Times said Friday.
The scientists said the thawing of ancient woolly mammoth bones and grasslands in a 400,000 square mile area would dramatically increase the 730 billion metric tons of carbon dioxide already in the atmosphere.
University of Florida botany professor Ted Schuur likens the process, by which decaying plant and animal matter in the soil is converted into carbon dioxide, to taking food out of a freezer and leaving it on the counter until it rots.
Contrary to earlier assumptions that permafrost was as barren as the polar desert, samples taken by the research team found 10 to 30 times as much carbon as in deep soils elsewhere.
http://science.monstersandcritics.com/news/article_1173357.php/Report_Melt_threatens_global_warming
Yahoo's Chinese Search Engine Found To Be Biggest Censor
A press advocacy group says Internet companies can still access the Chinese market without betraying their ethical principles, but it claims Yahoo is a big offender in censorship.
By Antone Gonsalves
TechWeb.com
Jun 16, 2006 05:04 PM
The Chinese version of Yahoo Inc.'s search engine was the worst offender in censorship tests that included rivals Google Inc., Microsoft Corp.'s MSN and local competitor Baidu, an international free press advocacy group said.
Yahoo.cn was also found to censor search results as strictly as Baidu.cn, while Google.cn and beta version of MSN.cn let through more information from sources not authorized by Chinese officials, Reporters Without Borders said.
The Paris-based group said in a statement that it was "particularly shocked" by the scale of censorship on Yahoo.cn. Search results on key words deemed "subversive" by Chinese authorities returned results that were 97 percent pro-Beijing, more than its Chinese rival Baidu.
Requesting information on certain terms, such as the date of the Tiananmen Square massacre or "Tibet independence," would cause the Yahoo.cn search tool to return an error message, the advocacy group said. As a result, the search engine would not respond to any query for about an hour. This method is not used by any other foreign search tools, but Baidu uses a similar technique.
Yahoo officials in the United States were not immediately available for comment.
The tests showed that Microsoft and Google were also filtering results. Searches for "subversive" keywords returned on average 83 percent pro-Beijing Web sites on Google.cn, and 78 percent on MSN.cn. By contrast, the same searches on uncensored search engines like Google.com produced only 28 percent of pro-Beijing sources of information.
Microsoft and Google appeared not to filter content by blocking keywords, but by refusing to include sites considered illegal by the Chinese government, the group said.
While Microsoft and Google run their own Chinese search tools, Yahoo turned over its operations last year to Chinese marketplace Alibaba.com. Yahoo, however, paid $1 billion for a 40 percent stake in the company.
Following laws that restrict access to information has become a part of doing business for Internet companies in the communist nation. As a result, some of those companies have been forced to take actions viewed unfavorably in democratic nations.
Microsoft in January, for example, took down the blog of outspoken Chinese journalist Zhao Jing, in order to comply with China's rules. Yahoo last year gave information about journalist Shi Tao's personal email account to Beijing, which later jailed him for 10 years on charges of divulging state secrets.
http://www.informationweek.com/industries/showArticle.jhtml?articleID=189500110
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