Michigan court rules against civil forfeiture

Good news: The Michigan Court of Appeals has ruled that civil forfeiture denies citizens their due process rights under the Constitution. As the court wrote:

“Because of her indigency and inability to pay the required bond, [Kinnon] was excluded ‘from the only forum effectively empowered to settle [her] dispute.’ … Ultimately, Michigan’s civil asset forfeiture scheme operated to deprive [Kinnon] of a significant property interest without according her the opportunity for a hearing, contrary to the requirements of the Due Process Clause.”

This shouldn’t be rocket science, as the language and intent of the Fifth Amendment to the Constitution is quite plain.

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

The problem today is that this has become rocket science. Too many people either don’t know this plain language, or work dishonestly to distort it to empower government to oppress us.

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Student sues police for fine after refusing Breathalyzer

Good for her! A Michigan high school student who was fined when she refused to take a Breathalyzer test — even though she was only a passenger in the vehicle — has filed a federal lawsuit claiming her constitutional right to be free from unreasonable searches was violated.

The law violates Guthrie’s Fourth Amendment right to be free from unreasonable searches, her Detroit lawyer told NBC News. “Her rights were violated when she was forced to submit to Breathalyzer to prove her innocence,” attorney Mike Rataj said. “That is not how the criminal justice system works. This is a girl who has never been in trouble before and has no criminal history.”

It can be argued that a driver has made a deal with the state, which provides roads and regulates their safe use, and must submit. She however was merely a passenger, and thus any search of her body really does require a warrant, as per the Bill of Rights. I hope she wins.

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Christians do have a right to religion in Dearborn

Victory for free speech: A federal court today ruled that the First Amendment rights of several Christians were violated by the police when they forcibly removed them from a 2012 Arab-American festival in Dearborn, Michigan when the Muslims there began throwing bottles, eggs and other objects at them.

By an 8-7 vote, the entire 6th U.S. Circuit Court of Appeals on Wednesday said Wayne County, Michigan and two deputy police chiefs were civilly liable to members of Bible Believers for violating their First Amendment rights. The case now returns to a federal district judge to award damages and attorney’s fees.

It is important to understand what happened. The Muslim festival was open to the general public, being held on public streets. All the Christians did was walk through that festival holding signs and preaching the gospel. They were then attacked by a mob, and the police, rather than arresting the attackers, threatened the Christians with arrest if they didn’t shut up and leave. When the Christian refused the police escorted them away.

Watch the video of the event below the fold if you don’t believe me.

The bad news however is that the court only ruled in favor of free speech by an 8-7 vote, and that it was overturning a lower court ruling that had said the police had the right to remove the Christians. These details are further proof that a large percentage of the American intellectual community now believes it perfectly reasonable for the government to silence religious speech, if it thinks it has to, and that it is perfectly reasonable to accept the heckler’s veto when someone wishes to express an opinion that is disagreeable.
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Michigan voters resoundingly reject tax increase proposed by Republicans

The rage builds: Eighty percent of Michigan voters rejected a tax increase proposed by their Republican governor and legislature and backed by a gigantic almost $10 million advertising campaign.

The colossal defeat of Prop 1 is even more intriguing since it had the backing of both the Republican and Democratic parties as well as the governor, who campaigned for it in the final weeks. With a few exceptions the mainstream news media also overwhelmingly favored the measure, with the state’s three statewide print and online news sources (Detroit Free Press, The Detroit News, MLive) all calling for a “yes” vote.

The defeat came despite the fact that a scattered opposition was massively outspent. According the most recent reports the election committee Safe Votes Yes raised $9.6 million to get the measure passed, mostly coming from road builders but also from other special interests that appeared to have no direct stake in the outcome, such as large utilities (who have separate issues of their own pending before the current Legislature).

“The distance between voters on one side and the mainstream media and political class on the other is both startling and unprecedented,” said Jack McHugh, the legislative analyst for the Mackinac Center for Public Policy, in an email. “According to MIRS News the measure passed in just three communities, two of which (Ann Arbor and East Lansing) are considered by many to be elitist and disconnected from the mass of Michigan voters (Kalamazoo was the third community).”

The proposition was pushed by a Republican governor and a Republican legislature. The voters bluntly told them to go to hell. I ask: When will Republicans wake up and start doing what the voters want, rather than what they think the media, their liberal friends, and their big money backers demand? The public wants government trimmed, cut back, shrunk, and reorganized to be more efficient. They do not want more taxes, as they know that the government is already taking far more money from them than it really needs.

Elections like this tell me that the 2016 election is likely to be a shocking surprise to our society’s elite community.

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Destroy a building rather than let a charter school use it

A Michigan school district, strapped for cash, preferred demolishing an empty school building rather than sell it to a private charter school for several million.

The district eventually backed down to public pressure and made the sale, but this story is very instructive. You have to watch the video report at the link to find out who really led the opposition to this sale, and why. I wonder if you can guess.

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Court rules in favor of rock throwers and thugs

In a ruling today a court has ruled that the police have the right to curtail the free speech of Christians on a public street if Muslims threaten them with violence.

Let me describe what happened again that so there is no confusion. There was a Muslim festival open to the general public on the streets of Dearborn, Michigan. Some Christians wanted to walk through that festival holding signs and preaching the gospel. They were attacked by a mob. The police, instead of arresting the attackers, threatened the Christians with arrest if they didn’t shut up and leave.

If you doubt me, watch the video of that event, which I posted when it happened under the title The Stoning of Christians — in Michigan.

In essence, the court has sanctioned the heckler’s veto. If you don’t like what someone is saying, threaten them with violence and the police will shut them up for you so that you don’t behave badly.

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The U.S Education Department’s Office for Civil Rights has forced a Michigan school to rip down a brand-new set of bleachers for its boys’ baseball team because the new seating is nicer than the girls’ softball bleachers.

We’re here to help you: The U.S Education Department’s Office for Civil Rights has forced a Michigan school to rip down a brand-new set of bleachers for its boys’ baseball team because the new seating is nicer than the girls’ softball bleachers.

The raised seating deck for the boys’ baseball team, which was paid for with money raised by parents, was put in place because fans who’d come to watch games at Plymouth High School in Canton, Mich., were having a hard time seeing the game through the chain-link fence WJBK-TV reported. The parents installed the new bleachers themselves and even added a new scoreboard to the field, the station reported. [emphasis mine]

So, something that cost the school nothing that the parents of the students themselves wanted isn’t good enough because our wonderful federal government didn’t like it. Tear it down!

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The Michigan union contract that required a school district to discriminiate against Christians and whites as now been amended so that it won’t discriminate against Christians.

Partial victory: The Michigan union contract that required a school district to discriminiate against Christians and whites as now been amended so that it won’t discriminate against Christians.

I am not for favoring whites. I am against anything that considers ethnicity or religion as a factor for employment.

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A Michigan school board has refused to fire the teachers who publicly supported another teacher who had molested a student for three years.

A Michigan school board has refused to fire the teachers who publicly supported another teacher who had molested a student for three years.

It appears now that a very large number of parents are pulling their kids from this public school system and putting them in a new charter school in the area.

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Gun rights advocates counter a Michigan county gun buyback program with their own “Guns 4 Cash” operation.

Pushback: Gun rights advocates counter a Michigan county gun buyback program with their own “Guns 4 Cash” operation.

It is interesting to read what happened after the County Executive himself observed the gun rights advocates:

From that moment forward until the event ended, the gun rights activists were harassed by all day by Wayne County deputies. Their first act was to park one of their marked cars by the parking lot’s entrance and started directing people further up the street to the church.

Then a deputy went into the fast-food restaurant and talked to the manager on duty. We do not know what they told the manager, but suddenly, the restaurant reversed its decision to allow gun rights activists onto its property. Prior to contact with the deputies, their presence was allowed as long as it did not interfere with customers buying food. Thus, the gun rights activists were ejected from the parking lot and had to move their cars. Apparently, the deputies thought their actions were enough to deter the activists. They couldn’t have been more wrong. The activists adjusted by walking up and down the public sidewalk while holding their signs.

The deputies responded by telling them that they would start writing tickets for both being on and obstructing the sidewalk in front of the church. It would be a hour or so later before discussions with the top deputy in charge confirmed that walking on the sidewalk was legal and that all deputies would be apprised of that fact.

This harassment by police of Americans, very carefully doing legal things, is appalling. More appalling is how common this is becoming.

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A Democratic state representative threatened violence on the Michigan House floor today over the passage of a right-to-work law in their state.

Leftwing civility: A Democratic state representative threatened violence on the Michigan House floor today over the passage of a right-to-work law in their state.

Update with video: a mob of union thugs rip down the tent of a conservative group, while people were inside. More details about the violence here. More video here, showing these creeps as they attack Steven Crowder and push the tent down with a woman inside.

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The arrival of the legal dictator.

The government you deserve: The arrival of the legal dictator.

The real problem here is not that the state government in Michigan is trying to impose on Detroit an appointed manager with great powers, but that for generations the voters refused to fire the incompetent and corrupt elected officials (all Democrats as is usual in the big urban cities). The result is a city in ruins.

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It now appears to be illegal to drive around in Dearborn, Michigan displaying Israeli flags on your vehicle.

The tolerance of Islam: It now appears to be illegal to drive around in Dearborn, Michigan displaying Israeli flags on your vehicle.

The [driver] involved was driving in front of the high school as it let out. He was backed up in traffic, a police car immediately behind him. He had Israeli flags on truck. When the students began their assault he rolled down his window asking them to stop. After they pulled him over the police used the rolled down window as a pretext to accuse him of instigating the altercation. While being questioned by the police in front of the high school the [driver] received death threats. The police denied hearing them though the individuals involved were only a few feet away.

The assault also included one high school student throwing a bottle at the car.

Damn, I wish I lived close to Dearborn. I would be organizing a large parade of cars with Israeli flags right this minute.

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The Stoning of Christians — in Michigan

Even though Dearborn, Michigan lost a $100,000 court suit for falsely arresting and denying Christians their freedom of religion during the annual Dearborn Arab Festival, it appears the police in Dearborn have not learned their lesson. Not only do they do nothing to prevent the throwing by Muslim children of rocks, bottles, garbage, eggs, and concrete at a group of Christians who are merely standing on the sidewalk holding signs, the police eventually force the Christians to leave. As one man tells the police, “You’re rewarding riotous behavior. You’re teaching that crowd that if they riot, they’re rewarded by that rioting by kicking out the people they don’t want.”

Watch the video below the fold. It is very important to note again that these Christians were doing nothing but standing there with their signs on a public street. The response of the Muslim crowd is hardly in accordance with American principles of tolerance, and reveals a savagery and hate that is horrifying. And the willingness of the police to allow the violence is despicable.
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