#Law

Another state court of appeals on Friday saw no problem with police attaching a GPS tracking device to an automobile without first obtaining a warrant from a judge. Idaho’s second highest court denied the appeal of Filip Danney who was convicted on marijuana charges based on evidence gained from the spying device.

In March 2007, Ada County Detective Matt Taddicken received an anonymous tip about Danney and decided to investigate. Two months later, he went to Danney’s work and placed a GPS tracker on Danney’s parked car. Within a few days, the device showed Danney was returning to Boise from a trip to Arcata, California. This was enough to have Taddicken order Danney stopped and searched. Ada County Sheriff’s Office Deputy Matthew Clifford claimed that Danney failed to “signal for five seconds prior to changing lanes,” and used this as a reason to pull him over. While Danney was detained, a drug dog was brought in to search the vehicle. The dog found the marijuana.

A federal class action lawsuit seeks to take advantage of last month’s California Supreme Court’s red light camera decision. The high court let stand a lower court ruling that invalidated citations on the ground that the city of Santa Ana’s failed to provide the legally required warning periods before activating the automated ticketing machines ( view ruling). Motorist Robert Plumleigh was forced to pay $480 on March 17, 2008 after a camera accused him of turning right at a red light at one of the sixteen intersections where the city failed to provide the required thirty-day warning period. He wants Santa Ana to refund all illegally issued tickets. US District Court Judge Cormac J. Carney on Wednesday gave Plumleigh’s lawyers an extra thirty days to file for class certification.

Nearly three out of every four Anaheim, California residents voted Tuesday to ban the use of red light cameras in the city. Twenty-five miles away in Gardena, the police chief warned the city council in February that the devices lack public support. Gardena began using automated ticketing machines five years previously. As the contract came up for renewal, city councilmen asked during a Finance Committee meeting for the police chief to report on the public perception of the camera program. Chief Edward Medrano’s assessment was brutally honest and did not tend to support the notion that the program was put in place to reduce accidents.

The public rejected the use of photo enforcement in five more municipal referendum elections Tuesday. America’s fourth-largest city, Houston, Texas, was home to the most hotly contested vote. The group Citizens Against Red Light Cameras, run by brothers Paul and Randy Kubosh, gathered enough signatures to force the issue onto the ballot against the wishes of the city council and in spite of a legal attack from camera operator American Traffic Solutions (ATS).

A lawsuit against Mazda is moving to the United States Supreme Court, reports Bloomberg, challenging whether automakers should have been required to install shoulder belts in all of its seats prior to current regulations requiring the improved belting systems took effect in 2007. The case centers on a 2002 accident in which Than Williams was killed when a Jeep Wrangler hit her family’s 1993 Mazda MPV. The Williams MPV had only lap belts because shoulder belts weren’t required by federal law until 2007. A California court has already barred the lawsuit from coming forward, arguing that federal regulations supersede any local rulings, and that then-legal seatbelts should protect manufacturers from personal injury liability. However a recent case casts some doubt on the precedents in the Mazda case…

The city of Houston, Texas sought to keep secret all detailed information about the performance of its red light camera program on the eve of an election that will decide their fate. Yesterday, Paul Kubosh, co-founder of Citizens Against Red Light Cameras, filed suit in Harris County District Court seeking a court order compelling the release of accident data at intersections equipped with automated ticketing machines. Voters head to the polls today to decide whether or not the city will be allowed to continue using the devices.

A federal magistrate on October 20 set the schedule for a five-day jury trial to decide whether red light camera vendor Redflex Traffic Systems owes the city of Minneapolis, Minnesota $3 million. US Magistrate Judge Susan Richard Nelson set a February 1, 2012 date for the showdown with motions and pleadings to be served by February 1, 2011.

The city is furious that it had to refund $2.6 million in red light camera tickets after the Minnesota Supreme Court ruled the program was illegal ( view decision). The city wants to extract that money back from the Australian ticketing firm, but Redflex is fighting the suit.

Albemarle County, Virginia plans this week to install its first red light camera system, ostensibly to reduce accidents caused by red light running. County documents show that at one of the two intersection approaches selected, there has not been a single accident caused by red light running in the past three years.

The county applied to the Virginia Department of Transportation (VDOT) earlier this year for permission to allow Redflex Traffic Systems of Australia to install and operate a pair of cameras at the intersection of US 29 and Rio Road. The east bound approach at Rio Road had no reported angle collisions caused by red light running violations between 2006 and 2009, according to county records. The other monitored approach, US 29 southbound, did have related crashes. The annual crash total for the type of accidents that the photo enforcement system might address is 1.8 per year.

The highest courts in California and Louisiana yesterday denied the requests of municipal officials desperate to save their photo enforcement programs. In New Orleans, the red light camera and speed camera program must shut down after the Louisiana Supreme Court unanimously rejected the city’s request to overturn the decision of Orleans Parish Civil District Court Judge Paulette R. Irons who found earlier this month that the program violated the city’s own charter.

“We are obviously disappointed in supreme court’s decision because these cameras have proven to be an important deterrent to unlawful traffic practices,” a city statement explained.

Photo enforcement cameras are temporarily disabled in Albuquerque, New Mexico after a study by the University of New Mexico failed to offer a complete justification for the program. Mayor Richard J. Berry announced that he would eliminate six of the twenty red light camera intersections where accidents increased the most. He also will stop issuing speed camera citations at intersections — although he plans to keep three vans to set up mobile photo radar traps. While the contract with Redflex Traffic Systems is expired, Berry is seeking a better deal from other photo ticketing vendors.

A class action lawsuit against fifty-nine red light camera programs in the state of California will be heard before Judge William H. Alsup in the US District Court for the Northern District of California. Attorney Bruce L. Simon, who is suing Redflex Traffic Systems and American Traffic Solutions (ATS), moved Friday that the case return to the state court system. Simon argues that the contracts of Redflex and ATS with municipalities are illegal under California law.

Morale at Redflex Traffic Systems, the Australian photo enforcement company with more contracts in the United States than any other firm, has never been lower. Yesterday, the company faced the real possibility that the state government in Victoria, Australia would sue for the recovery of $15 million in citations issued by a faulty Redflex freeway speed camera system. Although the government currently refuses to issue refunds, it issued equally stern denials before giving in to public pressure by refunding $26 million worth of tickets over a high-profile accuracy failure in 2003.