Mike
Site Co-Founder
imported post
**FLASH UPDATE**
Twin commentary published today written by VCDL's Philip van Cleave & OCDO's Mike Stollenwerk (signed as head of the FairfaxCountyPrivacyCouncil.org):
Commentary: Attorney General Inviting Police Abuse of Power
Virginia Attorney General Bob McDonnell gets it backward by blaming the Virginia Supreme Court for enforcing the ban on custodial arrest of persons suspected of committing misdemeanor crimes in Virginia . . .When we give the police more power, it is always at the expense of our freedoms and we must not do so without a powerful and compelling reason. Another step in the direction of a police state? No, thanks.[url]http://www.styleweekly.com/article.asp?idarticle=13836[/url]
ACTION ITEMS:
1. Make sure you have sent the email below!
2. If you live in Senator Cuccinelli's District, call him ASAP at (804) 698-7537 and ask to speak to the Senator or his Legislative Assistant to make sure Sen. C. knows you want him to oppose HB 2943. Talking points: (a) HB 2943 tramples on our 4th Amend. Freedoms by giving police "discretionary power to custodially arrest and search anyone they accuse of minor crimes. (b) The police already have plenty of power to do same if a good reason applies, as in the statute already for 5 situations - [size=[font="Times New Roman"]Va. Code §19.2-74 already authorizes law enforcement officers to custodially arrest and search any suspected misdemeanant if the accused: ][/size](1) Is believed by the arresting officer to be likely to disregard a summons; (2) Is reasonably believed by the arresting officer to be likely to cause harm to himself or to any other person; (3) Shall fail or refuse to discontinue the unlawful act; (4) Refuses to sign & give written promise on the summons to appear before the magistrate; (5) Is being charged with the offense of public drunkenness (this applies to all class 3 & 4 misdemeanors as well).[/font]
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VCDL has been opposing this bill - here is another chance for OCDO members to send some volley fire!
ACTION ITEM: Blast an email off to the powerful Senate Courts of Justice Committee which has the power to quash this police-state bill like a bug!
Sample message:
TO: district08@sov.state.va.us, district35@sov.state.va.us, district16@sov.state.va.us, district13@sov.state.va.us, district03@sov.state.va.us, district32@sov.state.va.us, district18@sov.state.va.us, district21@sov.state.va.us, district20@sov.state.va.us, district36@sov.state.va.us, district06@sov.state.va.us, district14@sov.state.va.us, district37@sov.state.va.us, district26@sov.state.va.us, district04@sov.state.va.us
SUBJECT: Please Oppose HB 2943, the citizen roundup bill!
Dear Chairman Stolle and Members of the Senate Courts of Justice Committee:
Please oppose HB 2943 which would massively expand police arrest powers for any “alleged” misdemeanor (of which we have over a thousand) FOR THE EXPRESS PURPOSE to allow unlimited searches of our spouses, children, and vehicles in violation of our Fourth Amendment freedoms, including strip searches pursuant to Va. Code § 19.2-59.1.
Current Virginia law **already** provides police the flexibility to custodially arrest persons suspected of committing misdemeanors for 4 good reasons as long as the police can articulate why they suspect the individual: (1) is intoxicated; (2) is not likely to show up for their hearing listed on the summons; (3) is refusing to discontinue the allegedly unlawful conduct; and (4) is likely to hurt herself or others. To treat all misdemeanors like felonies and allow police 100% discretion to custodially arrest and search anyone at will goes too far. After all, we have too many misdemeanor crimes in Virginia, including some pretty vague laws at that, including such heinous crimes as forgetting your driver’s license, losing records of Irish potato handling, or dancing at a restaurant in Norfolk (see “Could Dancing Really be Illegal?,” Hampton Roads TV, at http://tinyurl.com/2z3tso).
There are also 3 structural legislative policy reasons for you to oppose HB 2943:
1. The bill is aimed at punishing the VA Supreme Court for simply enforcing the current statute as written via the exclusionary rule. To pass HB 2943 is to thumb your noses at the Supreme Court while rewarding police law breaking (i.e., custodially arresting and searching alleged misdemeanants without good cause).
2. The bill never received a budgetary review in the House of Delegates as required by law. Virginia taxpayers are facing stiff bills to build new jails already - recently Richmond Sheriff C.T. Woody complained that the police are **already** arresting and jailing too many people. "Thirty to 40 percent of the people in here don't need to be here," Woody said. Among them, he suggested, are people arrested for **minor offenses**. See “A new jail for Richmond; Facility a response to chronic overcrowding; Wilder to seek partners,” The Richmond Times Dispatch, by Davis Dress, 10 February 2007, at http://tinyurl.com/3ayq4s.
3. Because the VA AG is appealing the recent Moore v. Commonwealth decision by the VA Supreme Court to the US Supreme Court, this Honorable Committee should follow its **long standing policy** of not amending statutes under direct litigation.
While the VA AG may think that Moore was wrongly decided, the high courts of South Carolina and New Mexico agree with the Supreme Court of Virginia, and so do I - the Fourth Amendment is important and any statute seeking to get around the Fourth Amendment by allowing to arrest and search everybody all the time is just plain wrong!
Again, I urge you to oppose HB 2943. Please let me know what you are going to do.
Sincerely,
YOUR NAME
YOUR ADDRESS
**FLASH UPDATE**
Twin commentary published today written by VCDL's Philip van Cleave & OCDO's Mike Stollenwerk (signed as head of the FairfaxCountyPrivacyCouncil.org):
Commentary: Attorney General Inviting Police Abuse of Power
Virginia Attorney General Bob McDonnell gets it backward by blaming the Virginia Supreme Court for enforcing the ban on custodial arrest of persons suspected of committing misdemeanor crimes in Virginia . . .When we give the police more power, it is always at the expense of our freedoms and we must not do so without a powerful and compelling reason. Another step in the direction of a police state? No, thanks.[url]http://www.styleweekly.com/article.asp?idarticle=13836[/url]
ACTION ITEMS:
1. Make sure you have sent the email below!
2. If you live in Senator Cuccinelli's District, call him ASAP at (804) 698-7537 and ask to speak to the Senator or his Legislative Assistant to make sure Sen. C. knows you want him to oppose HB 2943. Talking points: (a) HB 2943 tramples on our 4th Amend. Freedoms by giving police "discretionary power to custodially arrest and search anyone they accuse of minor crimes. (b) The police already have plenty of power to do same if a good reason applies, as in the statute already for 5 situations - [size=[font="Times New Roman"]Va. Code §19.2-74 already authorizes law enforcement officers to custodially arrest and search any suspected misdemeanant if the accused: ][/size](1) Is believed by the arresting officer to be likely to disregard a summons; (2) Is reasonably believed by the arresting officer to be likely to cause harm to himself or to any other person; (3) Shall fail or refuse to discontinue the unlawful act; (4) Refuses to sign & give written promise on the summons to appear before the magistrate; (5) Is being charged with the offense of public drunkenness (this applies to all class 3 & 4 misdemeanors as well).[/font]
--------------------------------------------------
VCDL has been opposing this bill - here is another chance for OCDO members to send some volley fire!
ACTION ITEM: Blast an email off to the powerful Senate Courts of Justice Committee which has the power to quash this police-state bill like a bug!
Sample message:
TO: district08@sov.state.va.us, district35@sov.state.va.us, district16@sov.state.va.us, district13@sov.state.va.us, district03@sov.state.va.us, district32@sov.state.va.us, district18@sov.state.va.us, district21@sov.state.va.us, district20@sov.state.va.us, district36@sov.state.va.us, district06@sov.state.va.us, district14@sov.state.va.us, district37@sov.state.va.us, district26@sov.state.va.us, district04@sov.state.va.us
SUBJECT: Please Oppose HB 2943, the citizen roundup bill!
Dear Chairman Stolle and Members of the Senate Courts of Justice Committee:
Please oppose HB 2943 which would massively expand police arrest powers for any “alleged” misdemeanor (of which we have over a thousand) FOR THE EXPRESS PURPOSE to allow unlimited searches of our spouses, children, and vehicles in violation of our Fourth Amendment freedoms, including strip searches pursuant to Va. Code § 19.2-59.1.
Current Virginia law **already** provides police the flexibility to custodially arrest persons suspected of committing misdemeanors for 4 good reasons as long as the police can articulate why they suspect the individual: (1) is intoxicated; (2) is not likely to show up for their hearing listed on the summons; (3) is refusing to discontinue the allegedly unlawful conduct; and (4) is likely to hurt herself or others. To treat all misdemeanors like felonies and allow police 100% discretion to custodially arrest and search anyone at will goes too far. After all, we have too many misdemeanor crimes in Virginia, including some pretty vague laws at that, including such heinous crimes as forgetting your driver’s license, losing records of Irish potato handling, or dancing at a restaurant in Norfolk (see “Could Dancing Really be Illegal?,” Hampton Roads TV, at http://tinyurl.com/2z3tso).
There are also 3 structural legislative policy reasons for you to oppose HB 2943:
1. The bill is aimed at punishing the VA Supreme Court for simply enforcing the current statute as written via the exclusionary rule. To pass HB 2943 is to thumb your noses at the Supreme Court while rewarding police law breaking (i.e., custodially arresting and searching alleged misdemeanants without good cause).
2. The bill never received a budgetary review in the House of Delegates as required by law. Virginia taxpayers are facing stiff bills to build new jails already - recently Richmond Sheriff C.T. Woody complained that the police are **already** arresting and jailing too many people. "Thirty to 40 percent of the people in here don't need to be here," Woody said. Among them, he suggested, are people arrested for **minor offenses**. See “A new jail for Richmond; Facility a response to chronic overcrowding; Wilder to seek partners,” The Richmond Times Dispatch, by Davis Dress, 10 February 2007, at http://tinyurl.com/3ayq4s.
3. Because the VA AG is appealing the recent Moore v. Commonwealth decision by the VA Supreme Court to the US Supreme Court, this Honorable Committee should follow its **long standing policy** of not amending statutes under direct litigation.
While the VA AG may think that Moore was wrongly decided, the high courts of South Carolina and New Mexico agree with the Supreme Court of Virginia, and so do I - the Fourth Amendment is important and any statute seeking to get around the Fourth Amendment by allowing to arrest and search everybody all the time is just plain wrong!
Again, I urge you to oppose HB 2943. Please let me know what you are going to do.
Sincerely,
YOUR NAME
YOUR ADDRESS