James I. Thacker
Pike County Sheriff’s Department, Kentucky
End of Watch: Monday, January 23, 2012
Bio & Incident Details
Tour: Not available
Badge # 71
Cause: Automobile accident
Incident Date: 1/23/2012
Weapon: Not available
Suspect: Not available
Deputy Sheriff James Thacker was killed in an automobile accident on U.S. 460, just past Marrowbone Creek Road, at approximately 9:00 pm.
He was returning to Elkhorn City from Pikeville at the end of his shift when he was involved in a three-vehicle crash.
Please contact the following agency to send condolences or to obtain funeral arrangements:
Sheriff Charles Keesee
Pike County Sheriff’s Department
146 Main Street #204
Pikeville, KY 41501
Phone: (606) 432-6260
ST. PETERSBURG Fla Jan 24 2012 — Edward Guzenski, a security guard whose car was broadsided by a hit-and-run driver in September, has died.
The accident happened shortly before midnight on Sept. 5, Guzenski’s 88th birthday, when he was returning from his job at Bayway Isle in Tierra Verde.
Police said the hit-and-run occurred after an officer noticed a 2002 Ford Mustang moving erratically on 35th Street N.
When the officer turned on his lights and siren and tried to pull him over, the driver turned off his headlights and sped up.
The driver, described by police as a black man in his mid-to-late 20s, then ignored a stop sign at 22nd Avenue N and slammed into the passenger side of the Toyota Camry Guzenski was driving.
Police said the officer was not pursuing the Mustang when the crash occurred. Guzenski, who was critically injured, died on Jan. 18.
The driver that hit his car has not been caught. Police are still investigating and are asking anyone with information to call Officer Stanley Deckert at (727) 893-7633.
NORFOLK VA Jan 24 2012
Police released a photo of the man who shot a security guard in a men’s clothing store near Military Circle.
The photo does not show the suspect’s face, but he wore a white jersey with the No. 33 when he injured a security guard at Casual Male, 6109 E. Virginia Beach Blvd.
The 40-year-old was shot at 3:30 p.m. Jan. 13, two days after an armed man wearing dark gray clothing robbed the store at 10:40 a.m. The guard was released from a hospital.
Police said they are trying to determine whether the same man committed the crimes.
Anyone with information is asked to call Crime Line at 1-888-LOCK-U-UP.
PORTSMOUTH VA Jan 24 2012
A police officer accused of taking a TV that had been seized during the execution of a search warrant was found guilty of misdemeanor embezzlement Monday.
Robert Anthony Murray, 39, had been indicted on a felony charge, but the judge found there was no evidence that the value of the 42-inch flat-screen TV exceeded $200.
The TV was seized along with computers and other items during a raid on a suspected illegal gambling operation in July 2009, according to police Capt. Garrett Shelton.
More than a year later, the commonwealth’s attorney decided to drop charges against Robert Judd, who at the time owned Lucky Dog Sweepstakes. Judd made arrangements to pick up the seized items, Shelton said.
When the TV could not be found, calls and texts to police officers went out.
Don Butler, who was a lieutenant in special investigations, said that when he came back to work from vacation, the TV was on a desk.
Butler said he asked Murray who brought it in and where it had been and Murray told him that another officer who was no longer with the department had it.
The incident led to an investigation and ultimately to the indictment of Murray.
Judge Marc Jacobson said Monday that it was clear that Murray took the TV and appropriated it for his own use.
Murray is on unpaid suspension from the department. He will be sentenced June 4.
Binghamton, NY Jan 24 2012 One man is left with serious injuries after an early morning stabbing Saturday at the Voodoo Lounge on Charlotte Street.
Binghamton Police say Joshua J. Vaughn, 19, was attempting to get into a private party at the Voodoo Lounge at around 2 A.M. Saturday.
When the bouncer attempted to keep Vaughn from enter the lounge, a disturbance broke out.
Police say Vaughn stabbed the bouncer, leaving him with injuries to his stomach, intestines, and lower aorta.
Vaughn was arrested and charged with felony assault.
The victim was taken to Wilson Hospital. As of Sunday morning, Binghamton Police say the victim’s injuries are still serious.
ATLANTA GA Jan 24 2012 — A pilot program that lets Home Depot shoppers use PayPal to make purchases in stores could fundamentally change the way people pay for goods, an analyst said, effectively eliminating plastic in favor of mobile wallets.
For now, the joint pilot is in 51 locations. But in March, it should expand to all Home Depot locations. PayPal said it intends to offer the service at 20 major retailers by the end of the year. It is the first time people have been able to make in-store purchases using PayPal, a popular online payment company owned by eBay that allows people to pay for items without sharing their financial information.
Shoppers who have a PayPal account can pay for their items by swiping a PayPal card and entering a PIN, or by entering their cellphone number and the PIN. It allows shoppers to purchase goods without carrying any form of payment with them, said Dwaine Kimmet, Home Depot’s treasurer and vice president of financial services.
“The ease of use is just incredible,” he said.
For Home Depot and other retailers, the PayPal purchases come with lower fees than debit or credit card purchases. PayPal users can link checking accounts, credit cards or other payment methods to their accounts, and the mix allows PayPal to keep fees lower.
In time, the program will link gift cards and stores’ private-label cards to the PayPal account, Kimmet said. He would not say how much Home Depot spent to upgrade its technology to work with PayPal.
The benefits for stores could be even greater than payment savings, said Gil Luria, senior vice president for Wedbush Securities.
As technology advances, customers who scan an item with their phones could receive discount offers if they buy the items there, using PayPal.
Luria said targeting customers specifically when they are in a store could help retailers push back against online retailers like Amazon.com.
And Luria said this is only the start of a large-scale trend.
“It’s a very big deal,” he said. “It’s how we’re going to pay in the future.”
For PayPal, getting into physical stores allows access to customers in all their shopping lives, as they make purchases across a variety of platforms, from online to mobile to in-store.
PayPal will sweeten the deal by allowing customers to opt into programs that connect their loyalty cards or offer specific discounts, said Donald Kingsborough, PayPal’s vice president of global retail and prepaid.
Worth County, GA Jan 24 2012 - A Sylvester Police Officer is hospitalized after troopers say fell asleep at the wheel of her cruiser and struck another car head on.
Officer Madeline McCullar had just dropped off an inmate at the Turner County jail when she crossed the center line on Highway 112 and crashed into that oncoming car. That driver was also injured. Now both of them are facing traffic charges. WALB News Tens Gianna Caserta has more state troopers.
These pictures show the wreckage of a crash involving a Sylvester Police cruiser.
Troopers say Officer Madeline McCullar was traveling south on Highway 112, heading back Saturday into Sylvester just after 6 AM.
“Returning from taking an inmate to Turner county jail,” says Sgt. George Hall, Sylvester Police Department.
McCullar’s shift was ending and she was about to get off work.
“We know in this line of work, unfortunately we drive a lot of hours, and a lot of miles on these cars,” says Hall.
Georgia State Trooper Jeff Hobby says McCullar dozed off while approaching the sharp curve at Shingler.
Brandon Cross of Ashburn was traveling north on Highway 112 when McCullar smashed into his Mercury Grand Marquis.
“Apparently she fell asleep, crossed the center line and hit another car head on,” says Jeff Hobby, Georgia State Trooper.
Hobby says people do not realize how dangerous it is to operate a vehicle while sleepy.
“It can get quite dangerous, because once you doze off, you don’t have control over the vehicle, I mean the vehicle has control of you,” says Hobby.
Both Cross and McCullar sustained serious injuries and were transported to Phoebe Putney Memorial Hospital by Worth EMS.
“Mr. Cross sustained a broken leg, chest contusions, and some mouth injuries, and Ms. McCullar, she had a broken leg and a broken ankle,” says Hobby.
Hobby says there are a few things you can do if you feel yourself falling asleep on the road.
“I would suggest if they get tired, just stop the car, get out and walk around a few minutes,” says Hobby.
A few minutes that could end up saving your life.
Cross is charged with driving on a suspended license and Officer McCullar is charged with failure to maintain lane.
They are both still in the hospital but are in good condition.
Mt Zion GA Jan 24 2012 A former Mt. Zion police chief is continuing to appeal his 2009 termination in Georgia courts.
In response to an order filed in Carroll County Superior Court on Dec. 14, in which Judge Quillian Baldwin denied former Mt. Zion Police Chief Bradley Forrister’s petition for writ of certiorari, or discretionary review, Forrister’s attorney this month filed a new petition for a discretionary appeal in the Georgia Court of Appeals.
In the petition filed Jan. 18, Gary Bunch asserts that because former Mayor Sue Bloodworth, who terminated Forrister in 2009 for “willfully giving false statements to supervisors, officials or to the public,” refused to serve as a witness in Forrister’s termination appeal hearing at the city, “the Hearing was a charade. And that is a polite and charitable understatement.”
Bunch argues that Forrister, as a permanent employee of the city, had a right to appeal his termination to the mayor and city council as outlined in the city’s personnel policy.
When Forrister was given an appeal hearing before the city council, however, Bunch said the city did not require Bloodworth to be questioned and did not provide documents relevant to Forrister’s dismissal to Forrister or his attorney. Following the hearing, he was terminated by a unanimous decision of the city council.
“By prohibiting [Forrister] from questioning [Bloodworth], [the city of Mt. Zion] prevented [Forrister] from being heard,” the appeal reads. “It was a critical part of [Forrister]’s presentation that he be allowed to question [Mt. Zion]’s mayor. But [Forrister] was not allowed to do so.”
Bloodworth terminated Forrister from his position with the city in September 2009, after it was alleged that he attempted to aid a Mt. Zion resident in getting out of jail in Douglas County. The city’s attorney, Alan Miller, said that when then Bloodworth questioned Forrister on his role in having the woman released, he attempted to lie about his reasons for calling the Douglasville Police Department.
“He was giving them a favor and not owning up to it. I think that [now] he is basically looking to clear his name and to obtain some sort of award. We’re not going to change our position,” Miller said. “We were successful in having this case dismissed and we plan to continue to defend the city during his appeal, and hopefully have the same result.”
Miller said that since the original appeal to the city council in 2009, the case was delayed for nearly a year to allow for Judge Baldwin to review the hearing’s transcripts.
The newest petition asserts that Baldwin’s order last month also erred, when it relied on the precedent set in a case in Albany, Ga., in 2009.
“The Carroll County Superior Court, in denying Petitioner’s petition for a writ of certiorari, relied upon Goddard v. City of Albany. But the Superior Court’s reliance upon that decision was misplaced,” the petition argues. “In Goddard, the Georgia Supreme Court recognized that a city charter could provide for a hearing, which would trigger the certiorari procedure.”
Miller said that if the Court of Appeals denies Forrister’s request for another appeal, he will have no more chances to appeal the termination.
“If the Court of Appeals grants his petition to appeal then he is allowed to appeal it,” Miller said. “Then that would be his last avenue. Then, if the Court of Appeals reverses the judge’s decision, then he would be back where he was before. He would be back to suing the city. But we intend to do all we can to have his petition dismissed. We hope to be successful here.”
BRATTLEBORO VT Jan 24 2012 — Police Tasered and later arrested a 51-year-old man after a confrontation at Brattleboro Memorial Hospital Friday night, according to a news release from Vermont State Police.
Police were at the hospital about 10:30 p.m. on an unrelated matter when hospital security alerted them to Howard Hoye, 51, of Guilford, Vt., a hospital visitor who police say was not following “visitor regulations.”
When they confronted Hoye, he became disorderly and police stunned him, according to the release. The release says he was given medical treatment by police on scene and refused to be examined by hospital staff.
Hoye was then taken into custody and charged with disorderly conduct. He has a court date of Feb. 21.
KINGSTON NY Jan 24 2012 – The first two Kingston City Police cars are being fitted with armor as the PBA launches Project Armor with a contribution from Ulster Savings Bank.
Project Armor seeks to provide vehicle armor solutions to Kingston police vehicles through the support of local businesses, private donations and national corporate sponsors.
Armor Dynamics has developed an armor system for police vehicles that is lightweight, cost-effective and involves little to no vehicle adjustments.
The system includes door panel protection and two ballistic visors for front and side window protection.
The city has 16 police vehicles and it was previously estimated that it would cost $35,000 to equip them all.
The exact amount of the bank’s contribution was not revealed.
CARLSBAD, Calif. Jan 24 2012– The Carlsbad Police Chief calls it a “tremendous disappointment” after one of the department’s police officers was arrested just days ago.
In a press release from the Carlsbad Police Department sent to 10News Sunday night, the letter began with “It is with tremendous disappointment that I announce the arrest of Police Officer Michael C. Koch.”
The 44-year-old’s arrest was outlined in a note from Police Chief Gary Morrison, who continued by saying, “All members of the Carlsbad Police Department, both sworn and civilian are held to the highest of standards.”
The Police Department says it launched an investigation upon learning of the potential misconduct, although they will not provide specifics.
We’re told the 17-year veteran Carlsbad officer was arrested Thursday night on burglary charges. He was booked into Vista Jail and then released the next day on $25,000 bail.
Although he is listed as an officer in the notification, 10News found background information that he is a detective.
In the meantime, the Chief added, “Our goal as a department is to be open and transparent within the parameters of the law.”
EL CAJON, Calif. Jan 24 2012– A member of a nonprofit group for grieving families spoke with 10News on Sunday after a former volunteer was accused of stealing from the group.
Elizabeth Lower is accused of embezzling about $25,000 from Empty Cradle, a Temecula-based nonprofit that helps families deal with a miscarriage, stillbirth or the loss of an infant.
Suzanne Wells, the volunteer coordinator for Empty Cradle, said Lowers went to the group and asked for help as she dealt with the loss of her 6-month-old daughter Madeline to SIDS, or sudden infant death syndrome.
“She just seemed to be struggling with her grief so when she offered to volunteer, we thought that was great,” said Wells.
Wells said Lower helped set up meetings before she stepped into the open treasurer position.
“The bills we had were being paid, so there were no red flags,” said Wells.
A year ago, Wells said Lower became difficult to reach after a bill that was supposed to be paid was not. Eventually, the group took a closer look and realized all of their money – more than between $25,000 and $30,000 – was missing from their accounts.
“It’s literally everything,” said Wells. “It’s money people donated.”
Lower was arrested at her El Cajon apartment on Thursday. Her arrest has sparked questions about how much of the story of Madeline’s death is true.
“I hope we find out during the investigation but of course, we all have those questions,” said Wells.
Lower’s mother, who lives at the same apartment as her, told 10News that her granddaughter died of SIDS.
“I was there,” said Lower’s mother. ” … As for the charges, my daughter is innocent. That’s all I have to say.”
Meanwhile, Empty Cradle admitted they were too trusting but said they never saw it coming.
“It’s a personal betrayal,” said Wells. “There’s a sense that this person is not who we thought she was.”
Wells said the organization is limited to all but core services. She also said they are planning new policies on the way money is handled.
Lower will be arraigned in Riverside on Monday.
MYRTLE BEACH, SC Jan 24 2012 Myrtle Beach Police have arrested a homeless man for attacking and stealing from vending machines following a struggle in the bushes at Broadway at the Beach.
According to an incident report, officers responded to Broadway at the Beach in the early morning hours Friday where vending machines have reportedly been compromised. Security officers for Broadway at the Beach told the officers they observed a male suspect skulking around in the area of the machines and their machines had been damaged the night before.
When the security officers confronted that male suspect, they told the officers, the suspect ran. Additional security officers were alerted, who began to observe the suspect through video surveillance.
The suspect was chased throughout Broadway at the Beach, and was later spotted hiding in the bushes near Landry’s. When confronted by a security officer, the suspect leapt out and punched him with a closed fist, the report stated.
After a struggle, involving pepper spray, the suspect was detained. EMS responded to the scene for the security officer and the suspect.
During a search of the suspect, the officers found a large amount of one dollar bills, but the tool used to break in to the vending machines was not recovered.
The suspect, James Tyler McKenna, is currently in custody at the J. Reuben Long Detention Center. McKenna is charged with:
•Assault /Assault & Battery 3rd Degree
•Malicious Inj. To Animals, Personal Prop. Value Over $1,000 But Less Than $5,000
•Malicious Injury To Tree, House; Trespass Upon Real Property, Value $2,000 Or Less
•Petit or Simple Larceny Under $2,000
•Receiving Stolen Goods Under $2,000
McKenna’s bond is set at $12,195.
A similar incident of burglary to vending machines occurred at the Reef Resort Thursday, where a suspect pried open a Coke machine and stole approximately $150 from the money box within. Video surveillance shows a suspect forcing their way into the hotel, but did not capture the actual burglary from the machine.
Anyone with information about that incident should contact Myrtle Beach Police.
Norway SC Jan 24 2012 The State Law Enforcement Division has been asked by the S.C. Department of Public Safety to investigate Norway Mayor Jim Preacher’s status as a law enforcement officer after Preacher was stopped for speeding by a state trooper on Jan. 18, then pulled over the same trooper immediately following the traffic stop.
Sid Gaulden, SCDPS spokesman, said the agency submitted the request to SLED on Thursday.
“We have asked SLED to do an inquiry on the mayor’s status as a law enforcement officer,” Gaulden said Friday afternoon.
Preacher told The Times and Democrat Friday that the state Criminal Justice Academy gave him a “clear status” to serve as chief constable of the town of Norway. He said he had “some makeup work to do” to be recertified as a law enforcement officer but has a year to complete that work.
Preacher said Norway’s “law enforcement department” began operating this week.
Norway Town Council this month approved first and second readings of an amendment of the town’s law enforcement ordinance to allow the town to hire a constable rather than a police chief.
Last year, the council disbanded the Norway Police Department, and the Orangeburg County Sheriff’s Office had been conducting routine patrols and providing law enforcement in the town since that time.
Gaulden said the SCDPS request for a SLED investigation into Preacher’s law enforcement status came on the heels of two traffic stops initiated Wednesday evening.
He said that at around 7 p.m. on Jan. 18, S.C. Highway Patrol Trooper S.M. Williams “stopped a Dodge Charger for speeding on S.C. Highway 400 in Orangeburg County near the town limits of Norway. The trooper identified the driver of the Dodge as Jim Preacher, mayor of Norway.” “Williams issued him (Preacher) a citation for speeding at a rate of 70 mph in a 55 mph zone outside of the town limits,” Gaulden said.
Preacher doesn’t deny speeding.
He said when he was pulled by the trooper, he was acting in his capacity as chief constable in pursuing a vehicle believed to have been involved in an attempted robbery at the Horizon gas station inside the Norway town limits.
Moments after Preacher received the citation for speeding, Gaulden reported, “As the trooper began to drive off, the mayor pulled in behind the trooper and activated blue lights and siren in the Charger. The mayor walked up to the trooper’s window and asked for the trooper’s driver’s license and registration, which the trooper gave to him.
“After some hesitation, I’m not sure how long that went on, Preacher returned the license and registration to the trooper and left the scene.”
Gaulden continued, “Apparently, Preacher requested the trooper, at some point, to follow him to town hall where he would issue the trooper a summons, which the trooper refused to do.”
Preacher denies he told the trooper to follow him to town hall so he could give him a summons.
“If I was going to give him a summons, I would have given him a summons,” he said.
Preacher said he believes the problems with the trooper arose because “nobody knows that Norway has a law enforcement department,” which he said has led to some confusion.
He said he doesn’t want any more negative publicity about Norway and questioned the newsworthiness of the speeding ticket he received.
Preacher said in addition to serving as Norway’s mayor and chief constable, he’s also overseeing the town’s water and sewer operations. His son is working on a contractual basis to assist with the water and sewer maintenance, he said.
“The town doesn’t have any money and hasn’t paid an electric bill since November,” Preacher said.
“Sometimes you’ve just got to do what you’ve got to do to survive.”
S.C. state law prohibits dual office holding for honor or profit, with the exception, however, of an office-holder serving as a member of a lawfully organized fire department, as a constable or as a notary public.
Asked if he receives a salary as constable and, if so, how much he’s paid, Preacher said, “I get paid a salary, but if my life depended on it, I couldn’t tell you what it is.”
He said certified police officers who would like to volunteer their services in Norway are encouraged to do so.
MOBILE, Alabama Jan 24 2012 –Mobile police arrested Christopher Case on Saturday and charged him with the murder of University of South Alabama student Andrew Levi Saxon.
Saxon, 25, was killed by a gunshot to the chest. His body was found at 4:30 a.m. Jan. 13 in the carport of his next door neighbor’s home.
Police spokeswoman Ashley Rains said that Saxon and Case knew each other prior to the shooting but could not characterize their relationship.
Rains said Case, “is part of a group that committed the robbery that led to this homicide. We’re still doing some investigation and questioning some people that could be involved as well.”
She said that Case and accomplices took items from the house during the robbery. More arrests are expected, she said. In addition to the murder charged, Case faces an unrelated burglary charge.
Police believe Saxon was shot in his home during the robbery.
Saxon’s Facebook page described him as a 2004 graduate of Mary G. Montgomery High School in Semmes.
The shooting occurred in a section of University Boulevard that is directly across from USA. A university spokesman said Saxon was a junior majoring in biology.
Police ask anyone with information about the incident to call the Mobile Police Department at 251-208-7211, Crime Stoppers at 251-208-7000, or text to 274637 and include the keyword CRIME 411.
MYRTLE BEACH SC Jan 24 2012 – Police say that they arrested a 21-year-old Myrtle Beach man early Saturday morning for reportedly walking naked along Robert Grissom Parkway.
According to a Myrtle Beach Police Department report, the call came in just before 4 a.m.
When officers found the man, he said he did not know where his clothes were.
The man, Kerry Joseph Jasiak, was charged with disorderly conduct – public nudity, according to the report.
Nashville TN Jan 24 2012 Rand Paul, a U.S. Senator from Kentucky and son of presidential candidate Ron Paul, was held at Nashville International Airport Monday morning for refusing to complete the screening process after he triggered an alarm.
The Transportation Security Administration claimed Rand Paul triggered an alarm during routine airport screening and refused to complete the screening process in order to resolve the issue, TSA spokesman Jon Allen said.
The scanner found an “anomaly” on Paul’s knee, according to the Associated Press.
Paul claimed he asked for another scan but refused a pat down by airport security and was then detained at a small cubicle and missed his flight.
Paul said the situation reflects his long-standing concern that the TSA shouldn’t be “spending so much time with people who wouldn’t attack us.”
Passengers who refuse to comply with security procedures are denied access to the secure gate area, Allen said. Paul was escorted out of the screening area, Allen said.
“When an irregularity is found during the TSA screening process, it must be resolved prior to allowing a passenger to proceed to the secure area of the airport,’’ Allen said. “Passengers who refuse to complete the screening process cannot be granted access to the secure area in order to ensure the safety of others traveling.’’
Rand Paul’s office claimed the senator set off the full body scanner and then refused the subsequent full pat down. A posting on Ron Paul’s Facebook page also had a comment about the incident.
Paul did book another flight out of Nashville International and was screened again without incident, Allen said.
Paul was flying to Washington D.C., to speak at a March for Life rally, according to his Facebook page.
Supreme Court rules police must obtain search warrant before using GPS tracking devices www.privateofficer.com
Washington DC Jan 24 2012 The Supreme Court ruled unanimously Monday that police must obtain a search warrant before using a GPS device to track criminal suspects. But the justices left for another day larger questions about how technology has altered a person’s expectation of privacy.
Justice Antonin Scalia wrote that the government needed a valid warrant before attaching a GPS device to the Jeep used by D.C. drug kingpin Antoine Jones, who was convicted in part because police tracked his movements on public roads for 28 days.
“We hold that the government’s installation of a GPS device on a target’s vehicle, and its use of that device to monitor the vehicle’s movements, constitutes a ‘search’ ” under the Fourth Amendment’s protection against unreasonable searches and seizures, Scalia wrote.
All justices agreed with the outcome of the case, which affirmed a panel of the U.S. Court of Appeals for the D.C. Circuit that said evidence of Jones’ s frequent trips to a stash house where drugs and nearly $1 million in cash were found must be thrown out.
The police had obtained a warrant for GPS surveillance of Jones, but it expired before they attached the device to his car.
But there was a significant split on the court about whether Monday’s decision went far enough.
Scalia’s majority opinion, joined by Chief Justice John G. Roberts Jr. and Justices Anthony M. Kennedy, Clarence Thomas and Sonia Sotomayor, said the electronic surveillance, if achieved without having to physically trespass on Jones’s property, would be “an unconstitutional invasion of privacy.”
But Roberts added: “The present case does not require us to answer that question.”
It was that question — society’s expectation of privacy in a modern world — that had animated the court’s consideration of the case. In an intense hour-long oral argument last November, the Big Brother of George Orwell’s novel “1984” was referenced six times.
The justices pondered a world in which satellites can zero in on an individual’s house, cameras can record the faces at a crowded intersection and individuals can instantly announce their every movement to the world on Facebook. They wondered about the government placing tracking devices in overcoats or on license plates.
Justice Samuel A. Alito Jr. said the decision also should have settled some of those questions instead of deciding a case about a “21st-century surveillance technique” by using “18th-century tort law.”
“The court’s reasoning largely disregards what is really important (the use of a GPS for the purpose of long-term tracking) and instead attaches great significance to something that most would view as relatively minor (attaching to the bottom of a car a small, light object that does not interfere in any way with the car’s operation),” Alito wrote.
Alito’s point was that it was the lengthy GPS surveillance of Jones itself that violated the Fourth Amendment and that “the use of longer term GPS monitoring in investigations of most offenses impinges on expectations of privacy.”
“For such offenses,” he wrote, “society’s expectation has been that law enforcement agents and others would not — and indeed, in the main, simply could not — secretly monitor and catalogue every single movement of an individual’s car for a very long period.”
The key to the court’s more narrow decision on the case seemed to be Sotomayor. She praised Alito’s “incisively” written concurrence but indicated it might not have gone far enough.
“People reveal a great deal of information about themselves to third parties in the court of carrying out mundane tasks,” Sotomayor wrote. Perhaps people come to see a “diminution of privacy” as inevitable, Sotomayor said.
“I for one doubt that people would accept without complaint the warrantless disclosure to the government of a list of every Web site they had visited in the last week, or month, or year.”
But, she said, “resolution of these difficult questions” is unnecessary because she agreed with the majority that the government’s “physical intrusion on Jones’ Jeep” supplies a narrower avenue to decide the case.
The case is United States v. Jones.
TURTLECREEK TWP.Jan 24 2012 — A prison guard at Lebanon Correctional Institution was terminated this week after making threats about the governor, but the guard claims such statements were made in jest.
Jessie Hubbard, who lives in Trenton, was fired Tuesday, following an internal investigation into a posting Hubbard made on a social networking site, according to personnel records obtained by this newspaper.
Hubbard posted “Ok we got Bin Laden … let’s go get Kasich next. Who’s with me?” on his Facebook page, according to Hubbard’s termination notice.
Hubbard’s posting violated several rules of conduct, including threatening, intimidating or coercing another employee or a member of the general public; actions that could compromise or impair the ability of an employee to effectively carry out his/her duties as a public employee; and an act that would bring discredit to the employer.
Hubbard said he made the post in May but it was part of a joking conversations made amongst friends regarding the controversy surrounding Senate Bill 5, which would have greatly limited the power of unions. Hubbard is a member of a union. Hubbard said the post was never meant to be taken seriously and was taken out of context.
Hubbard said a “disgruntled co-worker” reported the posting in September, months after he had made the post, and that he had been on paid administrative leave for four months while the prison investigated it. He also noted the issue was turned over to the Warren County Prosecutor’s Office, which had declined to prosecute him.
“I feel like they just wanted to make an example out of me, for some reason,” Hubbard said. “At no time did I ever mean it as anything other than a joke.”
Hubbard has been an employee of LCI since 1997, according to his records. He was twice named Employee of the Month at the facility. He was given a rating of “satisfactory” in his last employee evaluation, conducted in April 2011.
Hubbard is appealing the termination.
Woodland Park CO Jan 24 2012 The Teller County sheriff’s deputy found dead in his home Saturday evening reportedly shot himself, according to the Woodland Park Police Department.
A 911 caller around 6:20 p.m. alerted authorities that the deputy, who has been identified as Matthew Kennedy , had shot himself.
He was dead by the time authorities arrived and Woodland Park police are investigating.
Both sheriff’s deputies and Woodland Park officers responded.
He was not on duty at the time.
Shaumburg IL Jan 24 2012 A man who was being questioned by police officers in the parking lot of the Schaumburg Tilted Kilt Pub &Eatery pulled out a gun and shot himself in the head Sunday night, police confirmed.
Police would not disclose what the man was being questioned about in the parking lot at 1140 E. Higgins Road before he shot himself at about 10:45 p.m.
The man, whose identity was not available Sunday night, was pronounced dead at the scene.
The parking lot was taped off as police continued their investigation late Sunday.
Multiple officers witnessed the suicide in the lot southwest of Woodfield Mall, said Schaumburg Police Sgt. John Nebl.
No bystanders were injured.
This all happened just before midnight on North Broadway at Northside RV.
Lexington Police were called to the business after a nightside security guard said he was making his regular overnight rounds of the property… when he started noticing things that looked out of place.
Ron Clark says he saw several RV batteries and generators on the ground along with a red chevy pick up truck that was parked in a barn in the storage building of the property.
Clark says he noticed that a hole was cut in the fence.
The burglars did not get away with anything after he scared them away.
Lexington police also believe the pick-up truck used by the thieves…was stolen from a landscaping company.
CHARLOTTE, N.C. Jan 24 2012– Police are searching for the man who shot an armored car employee at the Foxcroft Shopping Center in South Charlotte.
Police said the incident involved the robbery of a Loomis armored car at a Wells Fargo ATM in the shopping center. The armored car had two employees in it when one of them got out to service the ATM, police said.
Police said the suspect, described only as a young black male, grabbed a bag of money and shot 47-year-old Ladena Duncan in the shoulder.
After the shooting, the armored car weaved through traffic on its way to the hospital when a 911 operator told them to pull over at the corner of Providence Road and Cavendish Court so Duncan could receive medical attention.
“I’d never seen a Brinks truck driving in opposing lanes, speeding with his lights on so I knew something was out of place there,” said Roger Deaver, who witnessed the armored truck swerving through traffic.
Investigators tracked the suspect down a path that runs behind the shopping center, but were not able to find the man.
They are hoping security cameras are able to help them identify the man. Medic officials said Monday morning Duncan’s injuries were life-threatening.
The hospital has not released any information on Duncan’s condition.
By noon, the same Loomis truck was back at the Wells Fargo ATM and another guard in a bulletproof vest finished the job Duncan was not able to.
Police said the man got away with some money, but were not specific about the amount.
People who live in the area were on edge after the robbery.
Fear is not a feeling Cam Donovan is used to. “I was hesitant to actually come in, but I noticed policemen everywhere so I felt pretty safe,” she said.
Charlotte Country Day, which is nearby, was placed on lock down at about 9 a.m. after the shooting for about an hour.
HICKMAN, KY Jan 24 2012 (AP) – The police chief of a western Kentucky city says the mayor has been fatally shot and a man has turned himself in to police.
Hickman Police Chief Tony Grogan said in a statement that 30-year-old Tommy Lattus walked into the police station early Monday morning and told officers he killed Mayor Charles Murphy. Grogan said a witness came in a short time later and reported hearing shots at Murphy’s home. An officer found Murphy unresponsive around 1 a.m. CST.
Lattus has been charged with murder and was being held at the Fulton County Detention Facility, where records do not indicate whether he has an attorney.
Murphy was in his second term as mayor and had served earlier terms on the city board.