Guilty as charged - mea culpa already!

While driving southbound on I-95 in the middle lane in the middle of the day a state trooper pulled next to me in the fast lane, then dropped back behind me, and switched on the blue lights. I dutifully signaled and pulled over at my first opportunity. The officer informed me that he stopped me because I wasn't wearing a seat belt and then asked for my license and registration. While handing over my documents, I explained to the officer that I actually was wearing my seat belt but had it under my arm instead of on my neck because it got twisted up and it was uncomfortable.. He said that I was wearing it improperly and so I wasn't wearing it. I said ok.

He went back to his patrol car and, I suppose, pulled up my information. When he returned, he asked me if I had ever been arrested. At this point, I could have asked him if he was giving me a ticket, and then asked if I was free to go. He still had my license and registration in his hand. But instead of invoking my rights and probably ending up with the discretionary seat belt ticket, I responded - "not lately" to his question about being arrested. He had just run my name, he must have seen all (not that there's much) of my possible criminal and driving history, including tickets, arrests, and warrants. And this is Florida, a most unforgiving state that never forgets any infraction, charge, or conviction perpetrated within its borders. But, I just said "not lately". Then he asked me where I was going, and I told him. Then he asked me if I had ever been arrested for guns or drugs. I said no. Then he asked me where I was coming from, and I told him. Then he asked me how long it would take me to get where I was going. A geography quiz now? Mind you, he is still holding my license and registration in his hand. I didn't want to get into a disagreement with him. I know how important "demeanor" is to an officer. I usually lose out in the demeanor department, because I am rarely happy and cheerful during a traffic stop. So I told him my projected travel time. Then he asked me again about the drugs and guns. Again I said no, no drugs or guns. I don't know if he thought I was going to get nervous and feverishly confess to an imaginary drug crazed shooting spree. I didn't. He finally handed me back my paperwork and told me to drive safe.

None of the officer's questions had anything to do with a seat belt. Even though an officer can ask these questions during a traffic stop, I was not obliged to answer any of them. However, he could have given me a seat belt ticket just to ruin my day. So I cooperated. If he had asked me if he could search the car, I would have politely declined. A vehicle search is a consent search. Procedurally an officer is supposed to return to the driver his license and registration before asking to search the vehicle. It is intimidating to have an officer holding your documents, and not knowing if he is going to write a ticket or ask for a search.

I am a middle aged white lady. I am very likely within the least likely demographic set to have drugs or guns. And, even if I had a history of drugs and guns, and had been to prison for the drug crazed shooting spree, that fact is not relevant to this traffic stop.

U.S. Constitution, Fourth Amendment: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

“It is said that power corrupts, but actually it's more true that power attracts the corruptible. The sane are usually attracted by other things than power.”
― David Brin

Citizen Journalists - Take Note

I am sometimes asked whether it is legal to record court proceedings. I never had an answer better than I don't know. Recently, when I heard that question again, I started looking for the answer.

I did some research and arrived at a site operated by Carlos Miller of - Photography is Not a Crime  . I think the video makes its oh so valid points with humor and panache. Take a minute and watch the video. It turns out, cameras are allowed in Florida court rooms - who knew? Evidently not the attorneys. And the judge was not fully informed either.

I would never suggest that anyone disrupt a courtroom or create a distraction .. but if you're there, and you're waiting for your case to be called. Be ready. Be ready to make a video of the proceedings. According to the video posted here, and the laws that I found, you don't need prior permission as long as you're not creating a distraction.

So, ladies and gentlemen. Please let's start documenting some of the goings on in our courtrooms today. If you see the party in front of you being bull dozed by the system, take pictures. If the pro se litigant called ahead of is told, sorry you need an attorney if you want to be speak; or we don't want to listen to you, we're going forward despite your arguments.  These incidents are rampant in foreclosure court, family court, circuit civil -- come on. Let's take our country back. The people need to know what is really going on.

Here is the actual rule in place today…..Florida Rules of Judicial Administration -

RULE 2.450. TECHNOLOGICAL COVERAGE OF JUDICIAL PROCEEDINGS (a) Electronic and Still Photography Allowed. Subject at all times to the authority of the presiding judge to: (i) control the conduct of proceedings before the court; (ii) ensure decorum and prevent distractions; and (iii) ensure the fair administration of justice in the pending cause, electronic media and still photography coverage of public judicial proceedings in the appellate and trial courts of this state shall be allowed in accordance with the following standards of conduct and technology promulgated by the Supreme Court of Florida.

Posted on the First Amendment Foundation's website - http://www.floridafaf.org:

"The First Amendment Foundation is a highly visible and accessible source of authoritative information, expertise, and assistance to the public and news media. It was founded as a non-profit organization in 1984 by The Florida Press Association, the Florida Society of Newspapers Editors, and the Florida Association of Broadcasters to ensure that public commitment and progress in the areas of free speech, free press, and open government do not become checked and diluted during Florida's changing times.

Its purpose is to protect and advance the public's constitutional right to open government by providing education and training, legal aid and information services. Funding is based on voluntary contributions from various organizations and concerned individuals.

According to a 1977 Florida Supreme Court ruling:

"Freedom of the press is not, and has never been a private property right granted to those who own the news media. It is a cherished and almost sacred right of each citizen to be informed about current events on a timely basis so each can exercise his discretion in determining the destiny and security of himself, other people, and the Nation. News delayed is news denied. To be useful to the public, news events must be reported when they occur. Whatever happens in any courtroom directly or indirectly affects all the public. To prevent star-chamber injustice the public should generally have unrestricted access to all proceedings.” 

State ex rel. Miami Herald Publishing Co. v. McIntosh, 340 So.2d 904, 910 (Fla. 1977). 

And a comment on The First Amendment Foundation's site by the co-founder of www.faldp.org -

Kenneth Diaz says:

February 12, 2011

"Access to our courts require the freedom of the press and of free speech. Blogging and independent reporting is a modern approach to speech and the press. We understand the value of keeping order and minimizing distractions in open court. Reasonable limits may be necessary, but mind you that the reason cameras are banned from most courtrooms is because of the sounds and flashes that may cause a distraction. As long as general courtroom decorum is maintained, restrictions on any journalists, professional or not, is counter to our values as a free society, and to our constitutional rights as citizens."

Big Brother is Alive and Well in America

Big Brother is alive and well in America. Americans volunteered to be followed, recorded, and, yes, monitored by the government - oh I mean technology. Well ... both.

Don't get me wrong, I love technology and I love my country.

I love America for the freedom we enjoy, the freedom we understand to be our birthright as Americans. Among those freedoms, the freedom to come and go as we please. We can go anywhere in our vast country without notifying any officials or gaining permission from anyone at all. We have freedom of speech far greater than almost any other country in the world. I can freely express my disagreement, disapproval and even disgust with the government.

I embrace the world wide web -- mainly doing business online and being able to find out almost anything I want to know in minutes. I think the internet has changed the world at least as much as the printing press did, when Gutenberg printed that first Bible. Before Gutenberg's innovative moveable type system, monks literally copied the Bible over and over by hand. Imagine! This was cutting edge technology in the 1400s.

Today, in 2013, people blithely place their personal information online at an alarming rate. I don't participate in most social media, I never got the point. I don't want to be subjected to all those inane updates. I'm guessing that many people don't know that their whereabouts can be easily tracked through their facebook posts. According to blogger David A.Desrosiers' blog posted on January 13, -

"Yes, they’ve done it again silently sending GPS coordinates with every message...

The most-recent update of the Facebook mobile application (Android and iPhone) reverses and resets the default settings for “Location Services”, so that every single Facebook message you send, also sends your exact GPS coordinates to the recipient (and to Facebook’s own messaging servers), even if you have your GPS disabled on your phone. When the GPS is disabled, they fall back to AGPS to determine your coordinates with incredible accuracy. ... This is so specific, it actually revealed that I was in my kitchen (in the rear of my house), and not just my approximate street address on my road. Zooming into the map they helpfully provide, shows where inside my house my phone is when I sent the test messages that revealed this issue. "

And rumor has it that facebook is getting ready to release a find friends app that uses GPS to locate friends nearby. A Huffington Post article, posted April 4 -

No One Wants A Facebook App To Track Their Movements

Watch out, Facebook could soon be watching you ... even more than it already is.

Facebook is reportedly planning to release a tracking app that will help users find friends nearby, two people with knowledge of the matter told Bloomberg. The app would run even while Facebook is not being used on one's phone, allowing Facebook to track users' whereabouts and sell ads based on that information.

Facebook Is Said to Create Mobile Location-Tracking App

By Douglas MacMillan - Feb 5, 2013 12:01 AM ET

What's in Facebook's New Location Tracker?

Facebook is developing a smartphone application that will track the location of users, two people with knowledge of the matter said, bolstering efforts to benefit from growing use of social media on mobile computers.



The app, scheduled for release by mid-March, is designed to help users find nearby friends and would run even when the program isn’t open on a handset, said one of the people, who asked not to be identified because the plans aren’t public.
Facebook is adding features to help it profit from the surging portion of its more than 1 billion users who access the service via handheld devices. The tracking app could help Facebook sell ads based on users’ whereabouts and daily habits. It may also raise the hackles of consumers and privacy advocates concerned about the company’s handling of personal information.

Regulators in the U.S. and Europe  have already scrutinized Menlo Park, California-based Facebook amid concerns that it doesn’t do enough to keep data private. Apple Inc. and Google, Inc. have similar tools for continuously keeping tabs on user whereabouts.

Both of these articles referenced may be referring to the same app. I don't know. I can't test them. Not only do I not have a Facebook account, I also do not have a smart phone. In fact, I don't have any kind of cell phone. I love it. I realize I am an outlier. I am a minority. Only 13% of U.S. adults do not have a cell phone. I am amazed that so many people, who lived their entire lives without this technology became so enamored with constant contact in such a short time.

And, so what, you say. Why should I care if I am watched, recorded, and monitored? Not to display my personal paranoia, but what if somebody is watching you. What if someone who means to harm you knows every move you make? Why give them the tools? What if our government, which depending on your world view, is reasonably benevolent, or considerably diabolical decided to restrict your movements? Would you give up your cell phone and facebook?

It is common knowledge that employers and law enforcement will look up your profile if they have a need. What about someone who wants to rob you? Or do you even worse harm? Do you knowingly invite them into your life due to your my life is an open book approach to technology? Do you let the world know all about you, just because we have the means to do it? I don't.

Big Brother can leave me alone.How about you, is Big Brother welcome in your life?