Épisodes

  • 445 - Importance of Voting
    Oct 28 2024

    Election day is just one week away. I'm sure many of you, like me, are ready for this election season to be over. For more than a year we've been hammered, badgered, and generally harangued with the idea of how important it is to vote. However, it has been my experience that the reasons given for our participation in the election process was more about getting their candidate election, or more often preventing their opponent from winning, than what actually makes voting so important. So as the day of reckoning for this crazy election cycle approaches, let's take some time and look at the importance of voting without all of the political party rhetoric.

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    20 min
  • 444 - Bootstrapping or Malicious Prosecution
    Oct 21 2024

    How far can law enforcement go when it comes to arresting someone? For example, say police have probable cause to charge you with a misdemeanor, how far can they "bootstrap" that charge to something more serious? That appears to be the question in the case Chiaverini v. City Of Napoleon, Ohio. While dealing with a misdemeanor situation, Mr. Chiaverini was subsequently was charged not only with that, but a felony. One little problem, the police had no probable cause for the felony.

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    21 min
  • 443 - Blowing Holes in the Fifth Amendment
    Oct 14 2024

    Everyone knows we have a right to remain silent, correct? What if I told you that in 2013 the Supreme Court upheld a decision basically stating that is not true. That you only have the right to remain silent if you verbally claim the right in the first place, otherwise, according to SCOTUS, your silence can be used against you. Let’s take a look at this case and some of the history behind this violation of your rights.

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    16 min
  • 442 - Interstate Firearm Possession
    Oct 7 2024

    Can Massachusetts prosecute out-of-staters who can legally carry in their home state? That was the question before Massachusetts courts in two cases. Needless to say, when these courts agreed with the plaintiffs, the Commonwealth disagreed, appealing the cases the the Massachusetts Supreme Judicial Court. While we wait for the court to decide the case, let’s look at the originating cases and the Commonwealth’s argument.

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    27 min
  • 441 - Constitutionality of OSHA
    Sep 30 2024

    Was the Occupational Safety and Health Administration properly created? Was the grant of authority Congress gave the agency constitutional and valid, or did Congress create an overpowered agency, to micromanage businesses throughout the United States. That is the question in the case Allstates Refractory Contractors, LLC v. Julie A. Su, Acting Secretary of Labor, et.al. Sadly, the Supreme Court decided not to year the case, even if Justice Gorsuch would have and Justice Thomas wrote a dissent.

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    20 min
  • 440 - The Myth of the Military Style Assault Weapon
    Sep 23 2024

    There are plenty of myths that revolve around the Second Amendment. It's only meant for the militia, or for hunting, or some weapons are just too dangerous are just of few. When we read the Constitution, along with just a tiny bit of research into the Bill of Rights, these myths should evaporate like the morning mist. However, in the case Bianchi v. Brown, it appears the Fourth Circuit believes the myths. However, some unorthodox procedures may show the court manipulated the process to get the outcome they desired.

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    28 min
  • 438 - Legal firearm possession as probable cause
    Sep 9 2024

    Encountering law enforcement can be a nerve wracking situation, even if you've done nothing wrong. Imagine you've pulled over to safely deal with something in your vehicle, then have a police officer pull up behind you. Nothing to worry about, right? Then imagine, after providing your drivers license, you're pulled out of your car, searched, handcuffed, and "stuffed" into the back of the police cruiser while the officer searches your vehicle from stem to stern, even though you've done nothing wrong. Now image, after this arrowing abuse of power, the officer claims "qualified immunity" and asks the court to dismiss the case. That is what happened to Basel Soukaneh in Waterbury, CT. The current state of that case is certainly worth looking into.

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    30 min