In a decision that has wide-ranging implications for photo enforcement, speeding tickets and driving under the influence of alcohol (DUI) charges, the US Supreme Court yesterday reconfirmed the Sixth Amendment right to confront one’s accuser applies to analysts who claim to have certified evidence from a machine. The 5-4 decision concluded that “stand-in” expert witnesses are not a substitute for the individuals who actually conducted the tests. The decision broadens the applicability of the landmark Melendez-Diaz ruling from 2009, which has already led to appellate division cases in four California counties to throw out red light camera evidence.
The US Supreme Court on Friday ruled that evidence from an objectively unconstitutional automobile search can still be admissible in court as long as the search took place prior to court decisions that recognized stronger protections in the Fourth Amendment. Specifically, the April 2009 decision in the case Arizona v. Gant overturned prior precedent and required police to get a warrant to search a car when an arrested suspect posed no realistic threat to officer safety (view ruling). Willie Davis was arrested over two years earlier in Greenville, Alabama when that rule did not apply.
Thanks to the unionization of the US auto industry, its politics (and accordingly, those of the state of Michigan) tend to be of the center-left persuasion. This tendency was doubtless aggravated over the last year, as a congressional bailout of the industry was denied by southern Republican senators. But even in Michigan, the union-industry alliance isn’t strong enough to counter the trend towards ever more divisive politics, as two recent stories show some of the ideological cracks forming in this now highly politicized industry. First,according to the Freep, the National Tax Day Tea Party will re-open last year’s political wounds by staging a rally outside the RenCen during the Detroit Auto Show this year. The idea behind the rally is to “make a peaceful yet clear statement against government takeover of America,” specifically the government ownership of General Motors. Though it’s clearly an empty gesture intended to rally political support more than change anything, it will be a jarring contrast to the usual convivial mood at the NAIAS. And it’s just one of several ways in which the politicization of the industry is becoming steadily less containable.