NH state Representatives Laurence Rappaport, Carol Vita and Lucien Vita, and taxpayer Mark Rossetti, et al, deliver an affidavit to the NH Attorney General's office regarding ongoing allegations of election fraud, followed by a press conference, 1/3/2012.
Tuesday, January 3, 2012
Saturday, December 17, 2011
NHLA Bill Review Training
The latest Legislative Bill Review Training Session, presented by the NH Liberty Alliance, Research Director Emeritus Denis Goddard presiding. Hosted by Murphy's Taproom, Manchester, NH, 12/14/2011. If ya wanna play, this is what ya gotta know...
Part 1
Part 2
Part 1
Part 2
Monday, November 7, 2011
Beleaguered Citizens of Weare: It's Time. Long Past Time...
TITLE VII
SHERIFFS, CONSTABLES, AND POLICE OFFICERS
CHAPTER 105-C
POLICE COMMISSIONS
Section 105-C:1
Section 105-C:2
I. "Shall the government of the police department of the town of __________ be entrusted to a police commission?''
II. "If so, shall such police commissioners be chosen by:
(a) Popular election at town election; or
(b) Appointment of the governor with consent of the council?''
Section 105-C:3
I. If a majority of those voting in a town in any town election answer the question posed in RSA 105-C:2, I in the affirmative and select the method of establishment set out in RSA 105-C:2, II(a), the voters of such town shall, at the next succeeding annual town election, elect such a police commission. The term of office of each such commissioner shall be for 3 years, except that of the first commission elected under this chapter in any town, one member shall be elected to serve a term of one year and one member shall be elected to serve a term of 2 years. Any vacancy occurring on the commission shall be filled by appointment of the board of selectmen until the next regular annual town meeting.
II. If a majority of those voting in a town in any town election answer the question posed in RSA 105-C:2, I in the affirmative and select the method of establishment set out in RSA 105-C:2, II(b), the governor, with the consent of the council, shall promptly appoint such a commission. The term of office of each such commissioner shall be for 3 years, except that of the first commission appointed under this chapter in any town, one member shall be appointed to serve a term of one year and one member shall be appointed to serve a term of 2 years. Any vacancy occurring on the commission shall be filled by appointment of the governor, with the approval of the council, for the duration of the unexpired term.
III. No person holding office as a selectman, treasurer, collector of taxes, auditor, highway agent, or head of a police department shall be elected or appointed as a police commissioner under this section.
Section 105-C:4
Section 105-C:5
Section 105-C:6
Section 105-C:7
Friday, November 4, 2011
Weare PD and Their Expensive Denial of Reality
So finally, thanks to the Law Offices of Martin & Hipple, we have some resolution. A year living under a warrant. Under bond conditions the violation of which could instantly have landed your humble chronicler in jail for any (equally) concocted offense. And a quarter-year waiting for the judiciary to rule on the motion to acquit, despite it being supported by established law: that you have a right to record your servants. Judge Tenney finally has seen fit -- an eighth-year after (even then, only eventually) promising a ruling within 2 weeks -- to sweep away my personal (if still comparatively minor -- a shout-out to CopBlock, NeverTakeaPlea, et al) Sword of Damocles. This is the first such ruling by a NH court. (Hey, Mom! Look at me! I'm a precedent!)
More reaction:
Right to record: It's yours, people
Right to know lives: Good news for NH public
New Hampshire Judge Drops Wiretapping Charge Against Man Who Recorded Cop
Oh, and Weare PD are live 24/7.
Needless to say, I've been waiting to publish this post for quite some time. So finally, here's what happened. This is what would have come out at the trial that Weare PD inexplicably insisted on pursuing. At taxpayer expense. Even following the 1st Circuit Court's 'Glik' ruling. My arraignment can be seen here. Hearing on defense motions, which (eventually) precipitated this bench ruling, here.
On the date in question, Saturday, July 10th, 2010, several dozen individuals gathered for a rally at Palmer's (now Boondocks) Tavern in Weare, NH, to support a friendly small business that was -- along with its customers -- the ongoing target of Weare PD harassment and intimidation, and to object to general department thuggishness (further details regarding which can be found here). (Goes to state of mind, your honor.) There were multiple and ongoing reports that the department was singling out patrons simply for leaving the parking lot. That they were constantly prowling back and forth in front of the business on Rt 114. That they would park themselves in lots north and south of the Tavern, and stop anyone seen leaving the lot, often on the pretext that the driver had "touched the white line" (AKA the "fog line", on the shoulder of the road). Some detainees reported they'd been told to "stay away from the Tavern" in the future. One activist had already reported being physically threatened by Weare PD while under arrest at the station -- and related "official" recordings had gone mysteriously and conveniently missing. Even the Board of Selectmen had told them to knock it off, reportedly. A Select Board, it must be noted, that may well come to regret its "hands off" approach to dealing with its unaccountable "attack dogs."
I do not trust them. I fear them. Certainly, I suspect that a feeling of foreboding, of trepidation -- not of comfort or security -- is a virtually universal response to any cruiser pulling in behind a traveler on the public road, but for anyone paying attention, Weare has become special. And as Jefferson said, "when the people fear the government, there is tyranny." This was the state of things in Weare in July of 2010. As events unfolded this particular night, for my own self-preservation, I felt a strong rational need to "produce proofs that may be beneficial," and to hold "officers of government ... at all times accountable," as are my explicit Constitutional rights.
Approaching midnight, there were, to my knowledge, only 2 of our party left at the Tavern. There had been reports of several traffic stops related to merely leaving the gathering already. Given the foregoing, we concluded that it was in the interest of our own safety and peace of mind to leave together, to try to slip out of the battle zone using the buddy system. We would head north, and part ways at the intersection of 149 and 77.
As fate would have it, Keith (he can out himself in the comments, if he chooses) pulled onto Rt 114 first. I followed. As I pulled out, I observed headlights coming around the bend heading south toward us. I immediately thought, "aw, shit" -- just as, I have every confidence, the officer thought, "got one!" As the vehicle passed by me, I verified that it was, indeed, a prowl car. In the rearview mirror, I then observed it, now probably still less than 100 yards behind me, make a u-turn in Palmer's driveway -- a u-turn that I suspect the officer would have pulled me over for, had I made it.
I was resigned right then that the die was cast. There was nothing I could have done from that point on to avoid being pulled over. I had been seen leaving Palmer's Tavern (an observation that Keith had mercifully just barely avoided), and the officer had his orders. I was now nothing more than prey. All I could do was not provide a conveniently legitimate reason for the inevitable stop. He quickly pulled in behind me -- needfully exceeding the speed limit to do so -- and the hunt was on. I learned later from Keith that he was also well aware of the officer's presence at this point. Both of us, needless to say, were in heightened driving awareness mode, and certainly well aware of the department's favored "touched the white line" gambit.
The prowl car followed us up Rt 114. Then followed us on a left across Short St. Then followed us on another left south on Rt 77. Approximately 2 miles, in all, in point of fact, before finally turning on the lights some distance down. Once stopped, I called porc411 to alert as to my condition and location. Meanwhile, Keith turned around, and briefly stopped alongside me, asking if I'd like him to video record this forced and empirically unwarranted inconvenience. I responded that I thought that would be lovely. He told me later that he then pulled off the road, got out of his vehicle, and informed the officer that he'd be recording. He said the officer had acknowledged that, so before he'd even approached my vehicle, the officer had already been given an explicit reminder that he had absolutely no expectation of privacy.
Particularly knowing full well that I'd succeeded in providing no legitimate excuse to interrupt my evening, and thus rendering this an entirely extra-legal stop by an entirely extra-legal officer, when he returned to my vehicle, I chose to continue to exercise my NH Constitution Part 1st Article 15 right to produce my own evidence, and so called porc411 again. As I compose this, I still have a perfect recollection of the conversation, even now, a year and a half later, precisely because of that decision. Imagine that. One might expect the state would appreciate that, too, considering Weare PD's repeated inability to produce their own recorded evidence...
The officer -- at this point revealed to be one Brandon Montplaisir -- asked me if I could hang up my phone. I asked if I was required to by law. He said he was just asking so we could have a "conversation." I replied that that wasn't what I'd asked him. He responded that if I was recording, I needed his permission. I helpfully informed him that the RSA required an "expectation of privacy" first (see "Oral communication," 570-A:1, II), and that being in a public space, he had no such expectation, a glaring initial hurdle to invoke their cherished 'wiretapping' statute. He insisted he just wanted to have a private conversation, but he'd "let it be." That, for some reason, was also the end of our "conversation." Now, what it was that he'd wanted to say that he nevertheless didn't want the taxpayers -- his employers -- to hear, well, you'd have to ask him about that -- indeed, I'd encourage it, since I'd really like to know, my own self. But I was and am absolutely confident it had something to do with... staying away from the Tavern.
True to reported form, the officer informed me that all he was claiming in order to justify inconveniencing me this evening was that I had "touched the white line" while he'd stalked me. Touched it twice, in fact. Twice in 2 miles. And around 2 corners, to be precise. An assertion, needless to say, that didn't surprise me, but that I strongly contest, then and now. Which also leaves curiously open the question of what prompted that questionable u-turn to begin with. What was it that attracted his obsessive attention in the first place? Brandon? Any comment...?
Having not done even what he weakly claimed, the officer was on nothing but a "fishing expedition" from the very start, prompted exclusively by my observed place of origin, and he could not legally justify detaining me. He was acting unlawfully. I knew it. He knew it. Indeed, his objective had been to violate my rights. And particularly given their recent history, I felt in fear of my welfare and my liberty. Per Article 8 and RSA 91-A, public servants are "at all times accountable," records of their proceedings accessible (and again, Weare PD's own records somehow keep going missing). Additionally, there's no expectation of privacy, as required by RSA 570-A, on a public road, regardless. And the "proof" that I produced became (officially, prosecution) evidence "that (nevertheless) may be beneficial," as guaranteed by Article 15.
When all was said and done, Weare PD had to admit -- even at the scene -- that I was successful: after following me for 2 miles, taking 2 turns to do it, and detaining me for a quarter-hour, I had provided them no legitimate reason -- no reasonable suspicion -- to detain me that night. None. No truthful reason at all, in fact, other than my observed place of origin: a tavern regarding which the Goffstown District Court has heard testimony that Weare PD had threatened to shut down over the owner's refusal to perjure himself in support of the department's preferred narrative. If it weren't a government agency, surely the Justice Department would be looking into RICO charges, wouldn't ya think...?
And, just perhaps, the only reason I wasn't warned to "stay away from the Tavern" before finally being turned loose was because I was "producing proofs" per Article 15, and holding officers accountable per Article 8 and RSA 91-A.
And for all my trouble, Weare PD wished to threaten my Article 18 ('Penalties to be Proportioned') and Article 33 ('Excessive Punishments Prohibited') rights by, at minimum, harassing me through the expensive (both to me and to the rest of Weare's taxpayers, but not, it should be noted, to Weare PD -- at least not yet...) court system, and potentially abrogating, among other things, my ostensibly unalienable 2nd Amendment right to self-defense via a willfully invalid felony charge, by making the argument, apparently, that EVEN I wasn't aware I was recording. For protecting my rights against my aggressive government by exhibiting the temerity to insist on holding it accountable for its actions. Actions it would prefer that you, its employers, don't learn about, by claiming that you have no RIGHT to learn about them. Back in line, citizen. Or else. These here are SECRET police.
Anyway, what followed was an arraignment, where immediately upon the bang of the gavel, Weare's persec- er..., I mean prosecutor conceded felony charges were laughable. Two trial dates came and went, the second postponed for rescheduling by the court following a hearing on defense motions (to suppress, and for acquittal). Three months of ostensibly learned yet interminable judicial ruminating, while other courts like the directly relevant 1st Circuit made it clear that recording public servants is a protected 1st Amendment right, and already established law.
Finally, we come to this. Motion granted. Weare PD, you lose. Again. Do ya feel the heat yet? Oh, you will. You will...
As Judge Tenney so succinctly put it:
The police work for the People. It's time they remembered that. Police, you're all "officers of government ... at all times accountable" TO that public. If you want to be a private citizen, you gotta take off the badge, and relinquish the special privileges that have been granted with it BY THE PEOPLE (yet even then accept the fact that public spaces afford no expectation of privacy, regardless).
And if you didn't enjoy the privilege of hunting me down on a vendetta and detaining me on the side of the road against my will on that summer night, then the issue of recording you never would have come up in the first place, now would it? Face it: you brought this all on yourself. Take some responsibility.
On the job means on the record. Deal with it or get off the job, employee. That's how accountable servant government works. If that's not how it's working, then it's simply not an accountable servant government. Right?
You good with all this, Mr. Citizen and Ms Taxpayer? Are you to be their next prey? What has just this particular farce already cost you (already)? Are you willing to continue to fund this sort of (increasingly typical) police department abuse, from both the standpoint of your civil liberties and fiscal accountability? Will I see you at Town Meeting next February? I believe there's a department budget -- for a department with way too much time on its hands -- that can use substantial trimming...
More reaction:
Right to record: It's yours, people
Right to know lives: Good news for NH public
New Hampshire Judge Drops Wiretapping Charge Against Man Who Recorded Cop
Oh, and Weare PD are live 24/7.
Needless to say, I've been waiting to publish this post for quite some time. So finally, here's what happened. This is what would have come out at the trial that Weare PD inexplicably insisted on pursuing. At taxpayer expense. Even following the 1st Circuit Court's 'Glik' ruling. My arraignment can be seen here. Hearing on defense motions, which (eventually) precipitated this bench ruling, here.
On the date in question, Saturday, July 10th, 2010, several dozen individuals gathered for a rally at Palmer's (now Boondocks) Tavern in Weare, NH, to support a friendly small business that was -- along with its customers -- the ongoing target of Weare PD harassment and intimidation, and to object to general department thuggishness (further details regarding which can be found here). (Goes to state of mind, your honor.) There were multiple and ongoing reports that the department was singling out patrons simply for leaving the parking lot. That they were constantly prowling back and forth in front of the business on Rt 114. That they would park themselves in lots north and south of the Tavern, and stop anyone seen leaving the lot, often on the pretext that the driver had "touched the white line" (AKA the "fog line", on the shoulder of the road). Some detainees reported they'd been told to "stay away from the Tavern" in the future. One activist had already reported being physically threatened by Weare PD while under arrest at the station -- and related "official" recordings had gone mysteriously and conveniently missing. Even the Board of Selectmen had told them to knock it off, reportedly. A Select Board, it must be noted, that may well come to regret its "hands off" approach to dealing with its unaccountable "attack dogs."
I do not trust them. I fear them. Certainly, I suspect that a feeling of foreboding, of trepidation -- not of comfort or security -- is a virtually universal response to any cruiser pulling in behind a traveler on the public road, but for anyone paying attention, Weare has become special. And as Jefferson said, "when the people fear the government, there is tyranny." This was the state of things in Weare in July of 2010. As events unfolded this particular night, for my own self-preservation, I felt a strong rational need to "produce proofs that may be beneficial," and to hold "officers of government ... at all times accountable," as are my explicit Constitutional rights.
Approaching midnight, there were, to my knowledge, only 2 of our party left at the Tavern. There had been reports of several traffic stops related to merely leaving the gathering already. Given the foregoing, we concluded that it was in the interest of our own safety and peace of mind to leave together, to try to slip out of the battle zone using the buddy system. We would head north, and part ways at the intersection of 149 and 77.
As fate would have it, Keith (he can out himself in the comments, if he chooses) pulled onto Rt 114 first. I followed. As I pulled out, I observed headlights coming around the bend heading south toward us. I immediately thought, "aw, shit" -- just as, I have every confidence, the officer thought, "got one!" As the vehicle passed by me, I verified that it was, indeed, a prowl car. In the rearview mirror, I then observed it, now probably still less than 100 yards behind me, make a u-turn in Palmer's driveway -- a u-turn that I suspect the officer would have pulled me over for, had I made it.
I was resigned right then that the die was cast. There was nothing I could have done from that point on to avoid being pulled over. I had been seen leaving Palmer's Tavern (an observation that Keith had mercifully just barely avoided), and the officer had his orders. I was now nothing more than prey. All I could do was not provide a conveniently legitimate reason for the inevitable stop. He quickly pulled in behind me -- needfully exceeding the speed limit to do so -- and the hunt was on. I learned later from Keith that he was also well aware of the officer's presence at this point. Both of us, needless to say, were in heightened driving awareness mode, and certainly well aware of the department's favored "touched the white line" gambit.
The prowl car followed us up Rt 114. Then followed us on a left across Short St. Then followed us on another left south on Rt 77. Approximately 2 miles, in all, in point of fact, before finally turning on the lights some distance down. Once stopped, I called porc411 to alert as to my condition and location. Meanwhile, Keith turned around, and briefly stopped alongside me, asking if I'd like him to video record this forced and empirically unwarranted inconvenience. I responded that I thought that would be lovely. He told me later that he then pulled off the road, got out of his vehicle, and informed the officer that he'd be recording. He said the officer had acknowledged that, so before he'd even approached my vehicle, the officer had already been given an explicit reminder that he had absolutely no expectation of privacy.
Particularly knowing full well that I'd succeeded in providing no legitimate excuse to interrupt my evening, and thus rendering this an entirely extra-legal stop by an entirely extra-legal officer, when he returned to my vehicle, I chose to continue to exercise my NH Constitution Part 1st Article 15 right to produce my own evidence, and so called porc411 again. As I compose this, I still have a perfect recollection of the conversation, even now, a year and a half later, precisely because of that decision. Imagine that. One might expect the state would appreciate that, too, considering Weare PD's repeated inability to produce their own recorded evidence...
The officer -- at this point revealed to be one Brandon Montplaisir -- asked me if I could hang up my phone. I asked if I was required to by law. He said he was just asking so we could have a "conversation." I replied that that wasn't what I'd asked him. He responded that if I was recording, I needed his permission. I helpfully informed him that the RSA required an "expectation of privacy" first (see "Oral communication," 570-A:1, II), and that being in a public space, he had no such expectation, a glaring initial hurdle to invoke their cherished 'wiretapping' statute. He insisted he just wanted to have a private conversation, but he'd "let it be." That, for some reason, was also the end of our "conversation." Now, what it was that he'd wanted to say that he nevertheless didn't want the taxpayers -- his employers -- to hear, well, you'd have to ask him about that -- indeed, I'd encourage it, since I'd really like to know, my own self. But I was and am absolutely confident it had something to do with... staying away from the Tavern.
True to reported form, the officer informed me that all he was claiming in order to justify inconveniencing me this evening was that I had "touched the white line" while he'd stalked me. Touched it twice, in fact. Twice in 2 miles. And around 2 corners, to be precise. An assertion, needless to say, that didn't surprise me, but that I strongly contest, then and now. Which also leaves curiously open the question of what prompted that questionable u-turn to begin with. What was it that attracted his obsessive attention in the first place? Brandon? Any comment...?
Having not done even what he weakly claimed, the officer was on nothing but a "fishing expedition" from the very start, prompted exclusively by my observed place of origin, and he could not legally justify detaining me. He was acting unlawfully. I knew it. He knew it. Indeed, his objective had been to violate my rights. And particularly given their recent history, I felt in fear of my welfare and my liberty. Per Article 8 and RSA 91-A, public servants are "at all times accountable," records of their proceedings accessible (and again, Weare PD's own records somehow keep going missing). Additionally, there's no expectation of privacy, as required by RSA 570-A, on a public road, regardless. And the "proof" that I produced became (officially, prosecution) evidence "that (nevertheless) may be beneficial," as guaranteed by Article 15.
When all was said and done, Weare PD had to admit -- even at the scene -- that I was successful: after following me for 2 miles, taking 2 turns to do it, and detaining me for a quarter-hour, I had provided them no legitimate reason -- no reasonable suspicion -- to detain me that night. None. No truthful reason at all, in fact, other than my observed place of origin: a tavern regarding which the Goffstown District Court has heard testimony that Weare PD had threatened to shut down over the owner's refusal to perjure himself in support of the department's preferred narrative. If it weren't a government agency, surely the Justice Department would be looking into RICO charges, wouldn't ya think...?
And, just perhaps, the only reason I wasn't warned to "stay away from the Tavern" before finally being turned loose was because I was "producing proofs" per Article 15, and holding officers accountable per Article 8 and RSA 91-A.
And for all my trouble, Weare PD wished to threaten my Article 18 ('Penalties to be Proportioned') and Article 33 ('Excessive Punishments Prohibited') rights by, at minimum, harassing me through the expensive (both to me and to the rest of Weare's taxpayers, but not, it should be noted, to Weare PD -- at least not yet...) court system, and potentially abrogating, among other things, my ostensibly unalienable 2nd Amendment right to self-defense via a willfully invalid felony charge, by making the argument, apparently, that EVEN I wasn't aware I was recording. For protecting my rights against my aggressive government by exhibiting the temerity to insist on holding it accountable for its actions. Actions it would prefer that you, its employers, don't learn about, by claiming that you have no RIGHT to learn about them. Back in line, citizen. Or else. These here are SECRET police.
Anyway, what followed was an arraignment, where immediately upon the bang of the gavel, Weare's persec- er..., I mean prosecutor conceded felony charges were laughable. Two trial dates came and went, the second postponed for rescheduling by the court following a hearing on defense motions (to suppress, and for acquittal). Three months of ostensibly learned yet interminable judicial ruminating, while other courts like the directly relevant 1st Circuit made it clear that recording public servants is a protected 1st Amendment right, and already established law.
Finally, we come to this. Motion granted. Weare PD, you lose. Again. Do ya feel the heat yet? Oh, you will. You will...
As Judge Tenney so succinctly put it:
What would you have done, citizen? What would you have wanted to do? What would you rationally expect you have a RIGHT to do in an ostensibly free society, in a non-police state, under a SERVANT government? What, indeed, supports the profound arrogance that imbues these public servants with the ludicrous presumption that they're ACCOUNTABLE to that public only on THEIR terms? What activities that even THEY consider questionable, evidently (or else why waste so much of your money covering it up?), is Weare PD trying to be able to continue to hide from its employers? To continue to obligate its employers to unknowingly fund?
Secondly, RSA 570-A:2 I, does not criminalize activities described in the undisputed facts above because public officials, carrying out official duties in public places, have no reasonable expectation of privacy. Therefore, words they utter do not constitute "oral communication" as defined in RSA 570-A:1 II. ...
'Glik' leaves no doubt that engaging in an audio recording of a police officer in the course of his official duties in a public place is protected speech under the First Amendment. ...
The fact that Officer Montplaisir may have been unwilling or unhappy being recorded does not make a lawful exercise of the defendant's First Amendment rights a crime.
The police work for the People. It's time they remembered that. Police, you're all "officers of government ... at all times accountable" TO that public. If you want to be a private citizen, you gotta take off the badge, and relinquish the special privileges that have been granted with it BY THE PEOPLE (yet even then accept the fact that public spaces afford no expectation of privacy, regardless).
And if you didn't enjoy the privilege of hunting me down on a vendetta and detaining me on the side of the road against my will on that summer night, then the issue of recording you never would have come up in the first place, now would it? Face it: you brought this all on yourself. Take some responsibility.
On the job means on the record. Deal with it or get off the job, employee. That's how accountable servant government works. If that's not how it's working, then it's simply not an accountable servant government. Right?
You good with all this, Mr. Citizen and Ms Taxpayer? Are you to be their next prey? What has just this particular farce already cost you (already)? Are you willing to continue to fund this sort of (increasingly typical) police department abuse, from both the standpoint of your civil liberties and fiscal accountability? Will I see you at Town Meeting next February? I believe there's a department budget -- for a department with way too much time on its hands -- that can use substantial trimming...
Monday, October 17, 2011
Can Government Order Government About?
By special request of Rep. Dan Itse, Chair of the NH House Constitutional Review & Statutory Recodification Committee, the 10/12/2011 House floor debate on HR13, "repudiating Opinion of the Justices, 162 N.H. 160 (2011), and urging the senate to remove from the table and pass 2011 HB 89", "requiring the attorney general to join the lawsuit challenging the Patient Protection and Affordable Care Act." Here's some -- surprise, surprise -- less-than-sympathetic, judiciary-deferential, collectivist coverage in The Atlantic from NH Constitution "scholar" Andrew Cohen.
Tuesday, September 27, 2011
If It Ain't Broke, Don't Break It
That (along with 'given the mounting appeals court evidence that recording cops is established protected speech, so it's long past time to resolve this and stop the state from continuing its abuses of its delegated authority and of the People and their time and money -- at least on this issue') is the primary take-away for your humble chronicler from this work session of a subcommittee of the NH House Criminal Justice Committee on HB127, "relative to the definition of oral communication." Don't create fresh ambiguity that will do nothing but precipitate more litigation from petulant servant law enforcement.
The crux of the discussion is presented here by Attorney Seth Hipple, upright citizen Bill Domenico, and Rep. George "On the job means on the record" Lambert. (I have expended uncounted pixels on this matter, myself, of course.)
The crux of the discussion is presented here by Attorney Seth Hipple, upright citizen Bill Domenico, and Rep. George "On the job means on the record" Lambert. (I have expended uncounted pixels on this matter, myself, of course.)
Tuesday, August 9, 2011
More Study! WE NEED MORE STUDY!!
*groan...* So close. So-o-o close. Senator Groen leads the committee by the hand. But then they stub their collective toe on the ludicrous question of WHO OWNS THE RECORDING MEDIUM. Seriously? Was there ever an issue?
The answer, of course, is no, faithful reader. There is no case of which your humble chronicler is aware in which the cops have confiscated media based on the assertion that the "offending" journalist didn't actually own it. Just an excuse to delay acknowledging that, as per NH Constitution's Part First, Article 8, "All power residing originally in, and being derived from, the people, all the magistrates and officers of government are their substitutes and agents, and at all times accountable to them."
Don't wanna be accountable to them, don't be paid by them. Seems pretty clear to me...
Anyway, herewith, the NH Senate Judiciary Committee's Executive Session -- where they (usually) vote on their recommendation to the full body -- on HB145, "permitting the audio and video recording of a law enforcement officer while in the course of his or her official duties," followed briskly by HB146, "relative to the right of a jury to judge the application of the law in relationship to the facts in controversy," AKA jury nullification.
The latter went slightly more rationally, yet nevertheless resulted in "MORE STUDY!" Because, well, there's no reason you should understand your legitimate power, citizen. That would merely make your servants' jobs all that much harder. And they wouldn't want that, now would they...?
The answer, of course, is no, faithful reader. There is no case of which your humble chronicler is aware in which the cops have confiscated media based on the assertion that the "offending" journalist didn't actually own it. Just an excuse to delay acknowledging that, as per NH Constitution's Part First, Article 8, "All power residing originally in, and being derived from, the people, all the magistrates and officers of government are their substitutes and agents, and at all times accountable to them."
Don't wanna be accountable to them, don't be paid by them. Seems pretty clear to me...
Anyway, herewith, the NH Senate Judiciary Committee's Executive Session -- where they (usually) vote on their recommendation to the full body -- on HB145, "permitting the audio and video recording of a law enforcement officer while in the course of his or her official duties," followed briskly by HB146, "relative to the right of a jury to judge the application of the law in relationship to the facts in controversy," AKA jury nullification.
The latter went slightly more rationally, yet nevertheless resulted in "MORE STUDY!" Because, well, there's no reason you should understand your legitimate power, citizen. That would merely make your servants' jobs all that much harder. And they wouldn't want that, now would they...?
Sunday, July 31, 2011
Seriously, Weare Taxpayers. Is This Appropriate Use of Your Money?
Weare PD continues to arrogantly insist on forging ahead with the preposterous notion (in a free society, anyway) that it's simply not accountable to its employers -- that's you. Or at the very least, only on its own terms. As we've seen previously, it's not as if it's remotely the first time, certainly. You, faithful taxpayer, apparently have no right to demand to know what they're up to in your name, on your dime, in public. And they'll go to great expense to keep it that way. Hey, it's not their money -- or their liberty -- right? Are you good with that? What are you gonna do about it?
This is my pre-trial hearing on defense motions (to suppress, and for judgment of acquittal), at Goffstown District Court, Judge Edward B. Tenney presiding, 7/29/2011, related to (originally) felony wiretapping charges for exhibiting the temerity to call an answering machine in the presence of a detaining officer, one who had already been informed he was subject to recording -- something of which he should ever be cognizant just as a matter of course. Assume we're watching. Because increasingly, we are. (The 4/5/2011 arraignment can be found here.)
You'll note that the state's case comes down to the question of whether the officer consented. Well, he did, actually. Expressly. It's even among her stipulated facts. And at 20:25, she even reads it. Twice! Arguably 3 times. And then a mere 45 seconds later at 21:55 (the times might be slightly off after YouTube processing), she concedes that if consent had been obtained, "then we wouldn't be here today!" Umm. So is it your contention, then, counselor, that the officer can selectively choose who may or may not record him simultaneously in a public place? How is that not a blatant infringement on free speech and free press?
But even more problematic for the state, it needs to first establish that consent was required in a public place, let alone from said public employee on a public thoroughfare, interrupting with implied force a peaceful traveler's evening without probable cause. Liberty says it isn't. Reason says it isn't. My tax dollars say it isn't. As I've outlined previously, the Constitutions and the RSAs say it isn't. And perhaps most significantly for the court, the mounting case law -- limited (well, nil, actually) as it still nevertheless is in NH, given the state's ongoing efforts to avoid a (surely unfavorable) ruling in a misguided effort to protect its "intimidation factor" -- says it isn't. What's there to consider? What, indeed. No expectation of privacy in a public place -- much less for public servants on the job -- therefore no case. "Notification" or not, "consent" or not.
One more time for clarity. There is no RSA 570-A-defined "expectation of privacy" to justify requiring either "notification" or "consent." They're red herrings: the first hurdle hasn't been cleared in order to get to them. Yet even if that necessary hurdle had been cleared, the prosecution has, herself, already stipulated that the officer consented to an environment where he was to be recorded (and it's only barely plausibly arguable that he didn't also consent to me, as well). He had no other reasonable expectation. So why are we here today? And why are we likely to have to come back again, at taxpayer (not to mention my own and my much-appreciated supporters') expense?
Another tangent in the state's case is that the functionality of modern phones somehow no longer constitutes the "ordinary" use of a phone, so therefore the reference to phones in the statute somehow doesn't apply anymore. Similar arguments are asserted against the 2nd Amendment: that it somehow only protects firearms contemporary to the colonial period (while servant government's own arsenal can evolve and grow unabated, of course, because that upside-down disparity between servant and master, we're told, in a document otherwise devised to limit government oppression, is what was intended to be protected).
Also, although we never hear it, for some reason, the identical argument could effortlessly be employed against the 1st Amendment, as well, thus limiting the fourth estate -- including you, citizen journalist -- to Gutenberg's press. No electronic signs. No radio. No tv. No computers. No internet. No cameras. No phones. Hell, no ball-point pens. Not protected speech. Not protected press tools. Would we accept this identical argument in that context?
Technology advances, even as the Founders (consider the inventions of Franklin or Jefferson, themselves, just for example) would have expected. And in our system (as it was intended, I mean), things aren't considered prohibited by default until our magnanimous government expressly permits them to us. Get over it. And expect to be held accountable.
Lastly, if you really insist on going down the "hypotheticals" road, counselor, what if the officer had beaten the defendant, a la 'Rodney King,' and the cell phone was the only record? What of the defendant's Constitutional right to produce his own evidence? The distinction may be lost on you, but this is a judicial hearing, not a legislative hearing. The law -- Part First, Articles 8 & 15, and RSAs 91-A & 570-A (the one in the statutes, not the edited version in your fevered imagination), just to get ya started -- already exists. You just need to respect it.
On the job means on the record. The very nature of government, and its intended relationship to the People demands it. Public servants must expect to be so held accountable. Or get another job.
Citizens of Weare, you should rightfully feel embarrassed and outraged -- not to mention made economically poorer -- by the actions and conduct of these petulant, recalcitrant, profligate, bullying servants. I know I do. They need to be brought to heel or fired. Clean house. They work for you.
Their budget certainly needs to be addressed come Town Meeting, 'cause they clearly have way too much of your money to frivolously squander for their own self-serving unsupervised ends.
This is my pre-trial hearing on defense motions (to suppress, and for judgment of acquittal), at Goffstown District Court, Judge Edward B. Tenney presiding, 7/29/2011, related to (originally) felony wiretapping charges for exhibiting the temerity to call an answering machine in the presence of a detaining officer, one who had already been informed he was subject to recording -- something of which he should ever be cognizant just as a matter of course. Assume we're watching. Because increasingly, we are. (The 4/5/2011 arraignment can be found here.)
You'll note that the state's case comes down to the question of whether the officer consented. Well, he did, actually. Expressly. It's even among her stipulated facts. And at 20:25, she even reads it. Twice! Arguably 3 times. And then a mere 45 seconds later at 21:55 (the times might be slightly off after YouTube processing), she concedes that if consent had been obtained, "then we wouldn't be here today!" Umm. So is it your contention, then, counselor, that the officer can selectively choose who may or may not record him simultaneously in a public place? How is that not a blatant infringement on free speech and free press?
But even more problematic for the state, it needs to first establish that consent was required in a public place, let alone from said public employee on a public thoroughfare, interrupting with implied force a peaceful traveler's evening without probable cause. Liberty says it isn't. Reason says it isn't. My tax dollars say it isn't. As I've outlined previously, the Constitutions and the RSAs say it isn't. And perhaps most significantly for the court, the mounting case law -- limited (well, nil, actually) as it still nevertheless is in NH, given the state's ongoing efforts to avoid a (surely unfavorable) ruling in a misguided effort to protect its "intimidation factor" -- says it isn't. What's there to consider? What, indeed. No expectation of privacy in a public place -- much less for public servants on the job -- therefore no case. "Notification" or not, "consent" or not.
One more time for clarity. There is no RSA 570-A-defined "expectation of privacy" to justify requiring either "notification" or "consent." They're red herrings: the first hurdle hasn't been cleared in order to get to them. Yet even if that necessary hurdle had been cleared, the prosecution has, herself, already stipulated that the officer consented to an environment where he was to be recorded (and it's only barely plausibly arguable that he didn't also consent to me, as well). He had no other reasonable expectation. So why are we here today? And why are we likely to have to come back again, at taxpayer (not to mention my own and my much-appreciated supporters') expense?
Another tangent in the state's case is that the functionality of modern phones somehow no longer constitutes the "ordinary" use of a phone, so therefore the reference to phones in the statute somehow doesn't apply anymore. Similar arguments are asserted against the 2nd Amendment: that it somehow only protects firearms contemporary to the colonial period (while servant government's own arsenal can evolve and grow unabated, of course, because that upside-down disparity between servant and master, we're told, in a document otherwise devised to limit government oppression, is what was intended to be protected).
Also, although we never hear it, for some reason, the identical argument could effortlessly be employed against the 1st Amendment, as well, thus limiting the fourth estate -- including you, citizen journalist -- to Gutenberg's press. No electronic signs. No radio. No tv. No computers. No internet. No cameras. No phones. Hell, no ball-point pens. Not protected speech. Not protected press tools. Would we accept this identical argument in that context?
Technology advances, even as the Founders (consider the inventions of Franklin or Jefferson, themselves, just for example) would have expected. And in our system (as it was intended, I mean), things aren't considered prohibited by default until our magnanimous government expressly permits them to us. Get over it. And expect to be held accountable.
Lastly, if you really insist on going down the "hypotheticals" road, counselor, what if the officer had beaten the defendant, a la 'Rodney King,' and the cell phone was the only record? What of the defendant's Constitutional right to produce his own evidence? The distinction may be lost on you, but this is a judicial hearing, not a legislative hearing. The law -- Part First, Articles 8 & 15, and RSAs 91-A & 570-A (the one in the statutes, not the edited version in your fevered imagination), just to get ya started -- already exists. You just need to respect it.
On the job means on the record. The very nature of government, and its intended relationship to the People demands it. Public servants must expect to be so held accountable. Or get another job.
Citizens of Weare, you should rightfully feel embarrassed and outraged -- not to mention made economically poorer -- by the actions and conduct of these petulant, recalcitrant, profligate, bullying servants. I know I do. They need to be brought to heel or fired. Clean house. They work for you.
Their budget certainly needs to be addressed come Town Meeting, 'cause they clearly have way too much of your money to frivolously squander for their own self-serving unsupervised ends.
"The Press was protected so that it could bare the secrets of the government and inform the people. Only a free and unrestrained press can effectively expose deception in government. And paramount among the responsibilities of a free press is the duty to prevent any part of the government from deceiving the people."What's your police department up to today...?
-Justice Hugo L. Black-
Tuesday, July 12, 2011
The Alliance of Economics and Liberty
Investment manager and early Ron Paul supporter, Larry Lepard delivers the keynote address at the 2011 Liberty Dinner hosted by the NH Liberty Alliance, at the Chateau Restaurant, Manchester, NH, 7/10/2011.
And here, Master of Ceremonies Mark Edge of Free Talk Live explains why you -- yes, you -- should be involved with the NH Liberty Alliance, and announces the 2011 legislative Liberty Rating Report Card, and the recipients of this year's Legislator and Activist of the Year awards.
And here, Master of Ceremonies Mark Edge of Free Talk Live explains why you -- yes, you -- should be involved with the NH Liberty Alliance, and announces the 2011 legislative Liberty Rating Report Card, and the recipients of this year's Legislator and Activist of the Year awards.
Tuesday, June 28, 2011
Why is NH the Freest State?
NHPR coverage.
"Freedom in the 50 States"
Ranking NH Most Free StateMonday June 27, 10:00 a.m.Legislative Office Building Room 210
The Josiah Bartlett Center will hold a briefing with Profs. Jason Sorens and William Ruger, authors of the Mercatus Center study “Freedom in the Fifty States” which ranked New Hampshire as the most free state in the country on Monday at 10:00 in the Legislative Office Building. Center president Charlie Arlinghaus said “Sorens and Ruger have created a very provocative objective index based on freedom. The index is thought-provoking and there’s definitely enough here to not only please and annoy both Republicans and Democrats but to make all of us think differently about policy.” The briefing is free and open to the public.
The authors’ analysis of New Hampshire’s standing follows:
New Hampshire is, by our count, the freest state in the country. Depending on weights, however, it really shares the slot with South Dakota. New Hampshire does much better on economic than personal freedom and on fiscal than regulatory policy. Under unified Democratic control in 2007–2008, the state saw a respectable increase in freedom. A smoking ban was enacted, but so were same-sex civil unions. Taxes, spending, and fiscal decentralization remain more than a standard deviation better than average, and government debt actually went down slightly. Gun laws are among the most liberal in the country, but carrying a firearm in a car requires a concealed carry permit. Effective retail-tax rates on wine and spirits are zero. Marijuana laws are middling; low level possession could be decriminalized like it is in Maine, while low-level cultivation could be made a misdemeanor like it is in both Maine and Vermont. New Hampshire is the only state in the country with no seatbelt law for adults. It lacks a motorcycle helmet law but does have a bicycle-helmet law and authorizes sobriety checkpoints. State approval is required to open a private school. Homeschool laws are slightly worse than average; standardized testing and recordkeeping requirements are stricter than those in most states. Eminent-domain reforms have gone far. The state’s liability system is one of the best, but campaign-finance regulations are quite strict. The drug law-enforcement rate is low and dropping, while arrests for other victimless crimes are high and dropping. Asset-forfeiture law is definitely subpar, with potential for abuse.
Union Leader coverage.
Response by Sorens and Ruger.
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