#Law

The US Court of Appeals for the Seventh Circuit ruled yesterday in favor of police officers who attach GPS tracking devices to vehicles without first obtaining a warrant. The three-judge panel insisted searches of this sort do not violate the Fourth Amendment after considering the case of Juan Cuevas-Perez.

Washington state’s second highest court endorsed the growing municipal practice of using extended vehicle impound periods to rack up fees. The a three-judge court of appeals panel considered the question in the context of whether Raymond Mann’s vehicle was rightly taken for thirty days by Kent police on March 13, 2009.

California’s second highest court has no interest in dealing with parking tickets. A three-judge panel of the Court of Appeal on April 12 rendered a decision in a case involving nothing more than a disputed $44 parking ticket. Motorist Angelica Guevara argued that the citation she received on December 28, 2008 for parking in Bell was void because the city failed to provide adequate notice of overnight restrictions. The justices made it clear they will not consider the merits of this or any other parking case.

The highest court in Massachusetts ruled Tuesday that a police officer is not justified in stopping and searching an automobile merely because he smells the presence of marijuana. The Supreme Judicial Court took up the case of Benjamin Cruz to clarify the legal impact of a 2008 voter referendum that had decriminalized possession of less than one ounce of pot in the Bay State.

The Los Angeles, California police commission voted 3-2 on Tuesday to approve a report defending the status quo regarding the use of red light cameras. In January, the city council tasked the commission with reviewing a report by Safer Streets LA that found the department had misrepresented accident statistics to make the program appear effective ( view report, 250k PDF). Another report suggested lengthening yellow times one second beyond the bare minimum would reduce violations and accidents ( view report, 450k PDF). A third report concluded that 75 percent of tickets were issued for rolling right turns, which have never been a significant cause of accidents in Los Angeles ( view report).

An ongoing federal lawsuit against the speed trap town of Ridgeland, South Carolina uncovered internal emails last month that shed light on the motivation behind the state’s only photo enforcement program. Since July 2010, Ridgeland has allowed the private firm iTraffic to operate a mobile speed camera van on Interstate 95, despite a state law outlawing the practice and a pair of attorney general opinions warning that the photo ticketing was not legal ( view opinions).

Ticket quotas seem to be one of those facts of life that exists, unexamined, in law enforcement departments around the country. But this week the concept has been dragged out into the light of the justice system, as two LAPD officers have won a lawsuit against their department’s ticket quota system. The LAT reports:

Officers Howard Chan and David Benioff, veteran motor officers with the LAPD’s West Traffic Division, sued the department in 2009, alleging that their captain mandated each motor officer to write 18 tickets a day, according to the suit.

In addition to the quota, officers were told the tickets they gave out had to be for “major movers” such as speeding, lane straddling or running a red light — offenses that could each generate revenue of several hundred dollars each.

The civil court jury sided with the officers by a vote of 11 to 1. The damage award [of $2m] was for loss of reputation and specific employment actions against the officers by the department affecting their careers after they reported the misconduct and refused to meet the quotas.

The department defended itself by arguing that, rather than a specific quota, the department had broad goals intended to reduce injuries and fatalities. That argument was roundly rejected by the jury, which found in favor of the suing officers 11-1, after a former LAPD commander testified that gas prices and paramedic response times had far more to do with injury and fatality levels. With any luck, this ruling may even create precedent to eliminate quota systems around the country. Meanwhile, MyFoxLA reports that the LAPD is appealing the ruling.

The city council in Highland, California decided three years ago to allow an Australian company, Redflex Traffic Systems, issue tickets at two intersections. Nearly 4300 “violations” have been generated since August 2008, each worth nearly $500. A committee of the council opened debate yesterday on whether the automated ticketing machine contract should be renewed. When the same question was debated last year, officials focused on safety.

The California Senate Appropriations committee voted 9-0 on March 29 to advance legislation that would alter the way red light cameras operate in the state. State Senator Joe Simitian (D-Palo Alto) re-introduced legislation that had stalled last year tweaking some of the more controversial aspects of automated ticketing programs.

The top legal speed in the state of Kansas is one signature away from becoming 75 MPH. State legislators on Friday gave final approval to a bill raising the limit from 70 to 75 MPH. If approved by Governor Sam Brownback (R), Kansas would join a dozen other states that have already made the move. Only Texas and Utah have a higher, 80 MPH limit.

Judges in the country’s most activist federal circuit on Thursday ruled in favor of red light camera use in Washington state. A three-judge panel of the Ninth Circuit US Court of Appeals issued an unpublished memorandum order dismissing a state law challenge to the photo fine amounts and “cost neutrality” compensation arrangements of municipalities.

Lawmakers in four states this week advanced legislation that would, if passed, either place mild restrictions on or outright ban the use of automated ticketing machines by municipalities. The Florida state Senate Transportation Committee on Tuesday voted 4 to 2 to approve an outright prohibition on the use of red light cameras — just one year after the legislature had given in to the lobbying effort of localities in authorizing their use. Senate Bill 672 must now clear the Senate Community Affairs Committee before being considered by the full Senate.

Tesla has sued Top Gear for depicting its Roadster running out of electricity in the 2008 segment shown above. According to the San Jose Mercury News, Tesla is suing because

Top Gear’s allegation that the car’s range is 55 miles is defamatory because it suggests Tesla “grossly misled potential purchasers of the Roadster,”

But Top Gear spokesfolks tell the BBC

We can confirm that we have received notification that Tesla have issued proceedings against the BBC. The BBC stands by the programme and will be vigorously defending this claim.

And, as long as the Tesla Roadster that Top Gear tested was a first-generation machine (and we think it is), Tesla’s going to have a little problem making the case that the BBC defamed their car…

Red light cameras continue to generate controversy in a pair of Texas towns located off Galveston Bay. Last week, Baytown responded to the lawsuit filed by photo enforcement vendor American Traffic Solutions (ATS) in Harris County court on St. Valentine’s Day alleging breach of contract. The quarrel between the two parties began when voters overruled the city council’s decision to implement automated ticketing machines by imposing a requirement that police personally witness each alleged violation. ATS decided it would not earn sufficient revenue under such an arrangement and pulled out.

Every state in the union has its own laws regarding a manufacturer’s ability to sell cars, with some states banning the practice outright and others merely preventing OEMs from competing with their own dealer networks. California falls into this latter category, as the California New Motor Vehicle Board bans manufacturers from owning dealerships within ten miles of other same-make independently owned stores. But that apparently did not stop Chrysler from opening a dealership in Los Angeles which, according to a petition filed by the California New Car Dealers Association, is within ten miles of not one, but three independent Chrysler stores.