WELCOME TO THE OFFICIAL RICHARD E GERSTEIN JUSTICE BUILDING BLOG. THIS BLOG IS DEDICATED TO JUSTICE BUILDING RUMOR, HUMOR, AND A DISCUSSION ABOUT AND BETWEEN THE JUDGES, LAWYERS AND THE DEDICATED SUPPORT STAFF, CLERKS, COURT REPORTERS, AND CORRECTIONAL OFFICERS WHO LABOR IN THE WORLD OF MIAMI'S CRIMINAL JUSTICE. POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM

Monday, May 14, 2012

RIP

As we do from time to time, we are sorry to report a death. 


The Fourth Amendment has died, after a long illness in New York City. 


Few details of the actual last moments of the amendment are known, but the NY Times reported yesterday on the long, sad tragic decline of a once proud member of the Bill Of Rights, reduced at the end to a mere figurehead, ignored by those sworn to uphold and respect it. 


From the article on stop and frisks in NYC:
Nearly 700,000 people were stopped and frisked by police officers in New York last year, up from 97,000 in 2002. 
Young black and hispanic males constituted 41% of the stops while they account for less than 5% of the population of New York City. 
50% of the stops- that's almost 350,000 people- were done in response to a "furtive movement." That's a lot of suspicious movements in the city that never sleeps. 
6% of the stops- less than 40,000- led to an actual arrest. That's 660,000 stops that ended with "Never mind. Have a nice day.
1808 people a day were stopped for no reason last year in New York City.  That equals 75 people an hour- more than one every minute-  twenty four hours a day, 365 days a year. 


The once mighty amendment, whose frequent use curtailed the excesses of police officers, was killed- not in one mighty blow from an assailant like, say, a politician- but by a death from a thousand, or in this case, 350,000 a year tiny cuts of "furtive movements." Ignored and diminished and ridiculed, the amendment died a slow sad death, and with it died  the freedoms of the citizens it protected to be secure in their persons, houses, papers and effects from unreasonable searches and seizures.


The Amendment is survived by nine other siblings. No immediate details have been released about the funeral arrangements. The Fourth Amendment was born on December 15, 1791.  It was 221 years old. 















26 comments:

Fake Scalia said...

Brilliant.

Anonymous said...

This is just a ripoff of the recent obituary of "Facts" run by the Chicago Tribune a couple of weeks ago. http://www.chicagotribune.com/news/local/ct-talk-huppke-obit-facts-20120419,0,809470.story

DS said...

It is amazing how activist CONSERVATIVE Judges have gutted the 4th, 5th & 6th Admendments.

No Search but upon PC and a writ from a magistrate doesnt mean except in cars or furtive movements or in high crime zones.

It Means No Search w/out a warrant, PERIOD


Just like the GITMO terror trials ,A Public Trial in The District the crime occured, not far away by Military tribunals.

Conservatives love to ignore if not gut the Bill of Rights
DS

CAPTAIN said...

THE CAPTAIN REPORTS:

BREAKING NEWS

So you want to be a 3rd DCA Judge .....

The JNC met and they have forwarded the following names to the Governor for his consideration

Judge Darrin Gayles
Judge Antonio Arzola
Judge Jose Rodriguez
John Greco
Thomas Logue
Eduardo Sanchez

Captain Out ......

"American Minority" said...

Racial Profiling Law passed in Connecticut.http://articles.cnn.com/2012-05-07/us/us_connecticut-racial-profiling_1_east-haven-police-arrests-sergeant-and-three-officers?_s=PM:US

CAPTAIN said...

Correction DS. All of them except the second and tenth. Those they will defend with their shotguns, semiautomatic weapon, bullet piercing armour, etc

Cap Out ...

Anonymous said...

Fake Rick Scott, in my skeletor voice said: Ah ha, Now I can go ahead and try to revamp my privatization of prison's agenda so I can own them indirectly and recoup all of the revenue to reimburse my purchase of Florida, I mean campaign. I wish my chief of staff Bob MacNamara wasn't resigning because of ethics violations of steering no bid contracts to my buddies. Oh well, Adam Holinsworth will help me.Ha ha ha, Florida I will own you in do time, unless I get indicted again, fingers crossed
~Slick Rick~

Rumpole said...

8:31- I did not see that piece. Any writer would be very sensitive to any accusation of plagiarism, myself included. I posted your comment because I want to respond to it. I did not see the piece you mentioned. I have been sick for a bit and if you look at what I wrote, I wrote it at about 3:30 AM sunday after I couldn't sleep and decided to read and saw the NY Times article which is in today's paper. Think what you want, but my post was inspired completely from the NY Times article.

HR.

CAPTAIN said...

Those that did not make the cut with the 3rd DCA JNC include:

Attorney Edwin Scales (who made the finals the last two times),
Attorney Judith Korchin, and
Attorneys Sergio Garcia-Pages, Charles Mays, Jonathan Colan, Andrew Berman, Susan Lerner, Ann St. Peter-Griffith, Esther Galicia, Madelyn Lozano, and Steven Stark.

Judge Milton Hirsch
Judge George Sarduy
Judge Jorge Cueto

Note: Of the ten current 3rd DCA judges, none are African American. I believe the last AA judge on the 3rd was Judge Melvia Green.

Cap Out .....

Anonymous said...

nicely put HR

Anonymous said...

So are you saying you think Gayles will get the nod?????

Rumpole said...

I just read the piece. First, longtime and careful blog readers know that I read the Times, the WSJ and LeMonde. I have read the Trib while in Chi town, but its been a while. Yes I agree there is a similarity in that the Trib article is written in a Obit style bemoaning the death of "facts". Certainly there is nothing close to the Trib piece and my piece other than the Obit style. However, if I had read the Trib piece and it had inspired me, I would have cited it, much as I cited the NY Times article which is clearly where I got my facts from and my idea for the post. I hope this clears it up. Plagiarism is the worst thing a writer can be accused of. Call me boring or insipid- so be it. Just don't say that I copy other writers. I don't.
HR

Anonymous said...
This comment has been removed by a blog administrator.
Anonymous said...

Bill with a 90% irrelevant opening.

Anonymous said...

Al voir diring the 911 custodian! Go back to slining court appointed C cases.

Anonymous said...

So if Jose Rodriguez gets the DCA nod, who gets his daily table at La Loggia? And where will he find a captive audience while he puffs on that stogie? The DCA building is desolate.

Footnote 25, Atwater v. Lago Vist said...

[T]here simply is no evidence of widespread abuse of minor-offense arrest authority.

Anonymous said...

Rump:

Saw a clip of Bill M.'s opening and heard him call the police liars, among other things. Even though they often are liars, I never want to say such at trial as it in my mind it makes jurors move from reasonable doubt to "he said, she said" and jurors almost always believe cops over defendants. Do you agree?

Fake American Minority said...

Does Adam Kaufman respect the POTUS?

Anonymous said...

Never want to call a cop a liar at trial? I guess you must be a prosecutor.

Anonymous said...

C'mon Milt. You have to stop telling anyone who will listen how stupid the 3rd DCA JNC is by pickng six names instead of just nominating you because no one is your equal.

You don't want the 3rd DCA anyway. The word is already on the street that in his second term Obama has promised you the next seat on the US Supreme Court in hopes you can singlehandedly resuscitate the 4th Amendment.

Thank G-d on that court you would only be 1 of 9 votes and you would truly be intellectually overmatched (not that you are not here, but your ego will take a beating). Can you say "tortoise effect".

Anonymous said...

No, a defense attorney. Say he is mistaken, absolutely. Say his actions are following a probable cause standard, which is much less than beyond a reasonable doubt, absolutely. But calling him a liar, and putting the fight into a "he said, she said" position takes the focus from reasonable doubt and puts it in who do you believe?

Anonymous said...

The JNC got it right this time in not nominating Milt. Maybe they know the truth about his character and the truth will come out. The 3rd DCA is better off without him.

"American Minority" said...

Captain, Great Post, Kudos and Respect to you.

Are We A Kardashian Nation? said...

I am tired of all the "atta boys" on the FACDL list serve. You want to post someone's trial win, that's fine, although perhaps a little self serving when it is posted by your associate. But do I really need to receive 100's of the "great job" emails? Please! If you want to send them congratulations, send THEM an email directly! Please don't fill up my email box with your drivel just so you can show us what a great guy or gal you are!

Anonymous said...

Hey Jayson Blair, i concur. [This is just a ripoff of the recent obituary of "Facts" run by the Chicago Tribune a couple of weeks ago.] Writing style is waaaaay too similar to be coincidental. http://www.chicagotribune.com/news/local/ct-talk-huppke-obit-facts-20120419,0,809470.story