Late Morning Links

Friday, January 15th, 2010
  • Via the comments, police break into Pennsylvania man’s home, arrest and jail him after he exchanges words with an off-duty state trooper. The man says he was confronting the trooper about parking in a no-parking zone. Even if the guy was drunk and cursing, as the cops allege, that isn’t cause to break into his home. The refusal to release the 911 recording certainly inclines one to think the cops are lying, here.
  • D.C. Metro general manager John Catoe resigns. ‘Bout damn time.
  • “…there could be two Americans receiving the exact same benefits, but one American may be taxed and one wouldn’t, and the only difference would be one of them being a member of a union.” Welcome to Obamacare, where some people are more equal than others!
  • He does work in mysterious ways.
  • Federal judge blocks FDA’s attempt to prohibit electronic cigarettes. The campaign against e-cigarettes is one of the dumbest things the agency has done in some time. It could quite literally kill people.
  • Another fun blog: Letters of Note.
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  • 79 Responses to “Late Morning Links”

    1. #1 |  Stephen | 

      “the public interest in disclosure does not outweigh the interest in nondisclosure”

      Boy, that one threw some sand in my mental gears. I hate people who talk like that.

    2. #2 |  MacGregory | 

      “When Doyle saw three state police cars pull in behind his duplex, he gathered up his dogs and got them upstairs so he could confine them to a front bedroom.”

      Great move. Apparently this guy knows the deal when it comes to cops and dogs. Still, kind of surprised they didn’t go upstairs and shoot them anyway.

    3. #3 |  perlhaqr | 

      I think I went to school with that Jesus.

    4. #4 |  Tokin42 | 

      #2 MacGregory,

      That’s exactly the same thing I thought when I read that part… “he must be a balko reader”.

    5. #5 |  Marc | 

      Everything the FDA does kills people.

      And their safety record, about as good as the Metro.

    6. #6 |  Aresen | 

      Jesus….punched the janitor again.

      If I recall the Bible correctly, one smote was usually sufficient.

      That must be one tough janitor.

    7. #7 |  Johnny Clamboat | 

      “I kept the phone open with the (911) operator on the line and told these guys that I was going to open the door, to please don’t break the glass in my new door,” Doyle said.

      As Doyle begin turning the lock on the door to open it, in the affidavit of probable cause filed in the case, the officers said Doyle had “an aggressive stance” when he opened the door, which swings into the kitchen.

      Ahh, the old ‘aggressive stance’ bit. How many times can you use that before its bullshit?

      Agree with #2 and #4, he must be an Agitatriot.

    8. #8 |  Aresen | 

      MacGregory & Tokin42:

      Perhaps.

      Or maybe he just wasn’t sure that the troopers had their vaccinations up to date.

    9. #9 |  Cynical in CA | 

      “Federal judge blocks FDA’s attempt to prohibit electronic cigarettes. The campaign against e-cigarettes is one of the dumbest things the agency has done in some time. It could quite literally kill people.”

      No surprise. Killing people is what the FDA does best.

    10. #10 |  Dave Krueger | 

      Cops should be required to wear something at all times that identifies them as cops so we know that they are armed dangerous arrogant testosterone-fueled egocentric narcissistic thugs so we don’t mistakenly treat them like normal people with social skills.

      I think most of them would be proud to wear such a badge of honor. I mean, it’s not like we would actually have to convince them of their own superiority.

    11. #11 |  Dave Krueger | 

      Unions are just receiving the favors they’ve already paid for with money and votes. They are kind of like the Democrats’ Big Oil.

    12. #12 |  Aresen | 

      @ Dave K 1:01 PM

      I think a large bell on a rope around their neck would do the trick.

    13. #13 |  Dave Krueger | 

      The FDA is used to being responsible for killing people.

      When you take a drug that kills you, it’s your fault, but when you die because you can’t get a drug that could have saved you, it’s the FDA’s fault.

      In effect, the FDA saves no one. But it kills plenty of people. The FDA is the closest thing there is to fucking for virginity.

    14. #14 |  Highway | 

      I too was boggled by “The public interest in disclosure does not outweigh the (police, assumed) interest in non-disclosure.” Non-disclosure is certainly not in the public’s interest.

      Also, wasn’t the remedy for someone causing a public disturbance in the past to get them to stop making a public disturbance? Now it’s “Let’s go punish him even though he’s done doing it.”

      I guess the cop just thought it was time to teach an uppity citizen worm what his place really was.

    15. #15 |  Cynical in CA | 

      “The public interest in disclosure does not outweigh the interest in non-disclosure” is just Statist-speak for “Fuck off and die, slave.”

    16. #16 |  Frank Hummel | 

      Off duty cop runs red light, hits police cruiser. This should be interesting:

      http://planoblog.dallasnews.com/archives/2010/01/alert-plano-police-officer-ser.html

    17. #17 |  old mouse | 

      “I think a large bell on a rope around their neck would do the trick.”

      Ahh, but who will bell the cop?

    18. #18 |  otto e mezzo | 

      @#7

      What is an aggressive stance anyway? What, does everyone go all Gentleman Jim Corbett as soon as they see a cop?

      http://upload.wikimedia.org/wikipedia/en/c/cf/Peterjackson-jamescorbett-small.JPG

    19. #19 |  Aaron | 

      I think the FDA is being really stupid here in how they regulate this. My mother has one, and it seems to be far better than traditional cigs.

      However, I’m still a bit confused at the odd fact that tobacco is “carved out” of FDA regulation is certainly. Tobacco and nicotine certainly are drugs, and these e-cigarettes absolutely are drug-device combinations.

      I do think the FDA should be reigned in, much much harder, but with actual statutory reductions of their powers that are clear, rather than inferred from Congressional intent as interpreted by the Supreme Court.

    20. #20 |  Marty | 

      when i saw the story about the cops breaking into the guy’s house when he complained about them parking in a no-parking zone, i thought Pete Eyre got busted again… I’m glad the guy’s ok and his dogs weren’t killed.

      the Jesus thing is the funniest thing i’ve seen today!

    21. #21 |  Andrew Williams | 

      Re the Pennsylvania story,here’s one from the OC that roughly parallels it:

      http://www.ocweekly.com/2010-01-07/news/moxley-confidential/

    22. #22 |  LivingPre911Still | 

      You want to complain against a cop. Send a sarcastic but factual letter with a cc to him, his boss, the commissioner, the head of the state senate and to the Governor. That kind of pressure will make his keister pucker and you will receive a response. Works for me…

    23. #23 |  PW | 

      Check out this one.

      http://www.postandcourier.com/news/2010/jan/14/tape-reveals-officers-comments/

      An off duty lady cop gets blitzed on Christmas eve and is clocked by another cop going 65 in a 40 and driving erratically in her BMW (why is it that all these “overworked, underpaid” cops seem to have BMWs, Mercedes, and Hummers?). The lights go on, but she leads them on a high speed chase for several minutes before finally pulling over.

      When the arresting cop comes up to her window she demands “professional courtesy.” The arresting cop refuses, and she takes a swing at him. She’s cuffed after a brief scuffle, at which point she threatens to call in her husband who is also a cop lieutenant in the same department (dontcha love these big happy cop families? I bet the kids are complete monsters). She also threatens to sue and continues to berate the guy for not giving her “professional courtesy” while talking about how she routinely lets other cops off for driving violations when she’s on duty.

      In the end, she got some “professional courtesy” after all. Even though she was visibly glassy-eyed and slurring her speech, the cop declined to do a breathalizer and charged her only for “reckless driving.” He also let her go home instead of spending the night in jail as is usual for drunks. And he dropped the “resisting arrest” charge against her. Now she’s on – you guessed it – “paid administrative leave.”

    24. #24 |  Peter Ramins | 

      So union member… not a union member… doesn’t that violate equal protection under the law?

      “If your social security number ends in an odd number, you must pay taxes as if you were two brackets higher.”

      Not much different.

    25. #25 |  Aresen | 

      “If your social security number ends in an odd number, you must pay taxes as if you were two brackets higher.”

      *checks #*

      Damn!

    26. #26 |  John Wilburn | 

      “armed dangerous arrogant testosterone-fueled egocentric narcissistic thugs”

      Dave – “Nazis” works just as well, and saves key-strokes…

    27. #27 |  Warren | 

      Here’s something that will make cops’ lives even harder.

      A thumb size video recorder for $25. Smaller than a Bic lighter.

      I expect these to be showing up everywhere soon.

      Currently, it is fairly easy to tell if there are cameras pointed at you. Not so anymore.

      http://www.gizmag.com/md80-micro-video-camera-helmet-cam-cheap/13877/

    28. #28 |  BamBam | 

      “Aggressive stance”, “bladed their body”, “clenched their fist” … The State believes their enforcers when it comes to using magical terms about a person’s body position and demeanor are threatening them. What next, will someone get arrested for “mean mugging” a cop (AKA gave a dirty look)? For stank breath? For having a testicle that hangs to the left?

    29. #29 |  Warren | 

      Please replace “Currently, it is” With “Previously it was” as you read the above post.

      I apologize for any emotional distress this may have caused.

    30. #30 |  Warren | 

      That is, my post above, not BamBam’s.

      Again, my apologies.

    31. #31 |  mark robbins | 

      So union member… not a union member… doesn’t that violate equal protection under the law?

      “If your social security number ends in an odd number, you must pay taxes as if you were two brackets higher.”

      Not much different.

      If Radley’s quote wasn’t a blatant mis-characterization of the proposed law it might. The proposed law doesn’t make any special mention about union vs non-union.

      http://motherjones.com/kevin-drum/2010/01/selling-out-unions#comments

      It’s absolutely a pander to one of the strongest and most important voting blocks of their party, but it’s not particularly egregious. Saying that a non-union worker would be impacted while a Union worker doing the same job wouldn’t is pretty ludicrous. It’s unlikely that a non-union employee has a health benefits package in excess of 24,000 excluding dental and vision.

      The Democrats goofed with the excise tax in the first place. A law meant to go after golden parachutes got working folks instead. That they only walked it back enough to give unions time to renegotiate contracts is a sign that Unions aren’t as powerful as they used to be.

    32. #32 |  Chuck O | 

      BamBam, that would be known as “eye-fucking”. I’ve been harassed for eye fucking LEOs. I’m a large biker, I get eye fucked all the time by LEOs, they don’t like it when I give it back.

    33. #33 |  Bill | 

      mark, rather than Radley mis-characterizing the proposal, it sounds to me like Kevin Drum, who wrote the Mother Jones article you link to, is misleading his readers. He says that the proposal “implementation was delayed a couple of years to give unions more time to renegotiate their contracts”. But according to every other source I’ve seen, the implementation is only delayed for workers whose employment contracts are based on collective bargaining. So that is, in fact, special treatment for unions–EIGHT YEARS of being exempted from a tax to allow them “time to renegotiate their contracts”.

      I really doubt that will be enough time, and if there’s still a Democrat in the White House in 2018, they’ll probably get an extension.

    34. #34 |  Aresen | 

      I really doubt that will be enough time, and if there’s still a Democrat in the White House in 2018, they’ll probably get an extension.

      I believe the conditional phrase is unneccessary. There are not many “temporary” programs that don’t get extended. eg: farm subsidies; afaik, farmers are a smaller percentage of the population than unionized workers.

    35. #35 |  Steve Verdon | 

      mark,

      Hmmm does Drum mention that unions would be exempt from the tax for 5 years? No. Drum writes,

      So yesterday everyone compromised. The excise tax is still in the bill, but the cutoff for the tax was raised from $23,000 to $24,000, dental and vision were excluded, and implementation was delayed a couple of years to give unions more time to renegotiate their contracts.

      Yeah, delayed implementation for just unions and state and local governement workers with collective bargaining agreements. Everyone else…Tax ‘em!!!

      Saying that a non-union worker would be impacted while a Union worker doing the same job wouldn’t is pretty ludicrous.

      Ahhh yes, the age old trick of changing the topic of debate. It isn’t that people doing the exact same job would have their health care benefits taxed. It was that people with the same health care benefits packages could be treated very differently if one is union and the other is non-union. The issue is health care benefits, not jobs.

      Bob does y, a union job, and has a $32,000 benefits package for his family. His tax? Nothing.

      Joe does x, a non-union job, and has the exact same benefits package (at least in costs) for his family, and his tax? 40%.

      Really, it would help if you learned to read and even better, engage the brain.

    36. #36 |  Bill | 

      Fair enough, Aresen, I just figured that if it’s not a Democrat, they might be pandering to a different group.

    37. #37 |  mark robbins | 

      Ahhh yes, the age old trick of changing the topic of debate. It isn’t that people doing the exact same job would have their health care benefits taxed. It was that people with the same health care benefits packages could be treated very differently if one is union and the other is non-union. The issue is health care benefits, not jobs.

      Bob does y, a union job, and has a $32,000 benefits package for his family. His tax? Nothing.

      Joe does x, a non-union job, and has the exact same benefits package (at least in costs) for his family, and his tax? 40%.

      Really, it would help if you learned to read and even better, engage the brain.

      But your example is from fantasyland. The fact is that most workers who this will impact are….unionized workers who’ve struck for more lucrative benefits packages.

      And it’s a two year exclusion. You’ll pardon me if I worry about something other than a small sop to an interest group comprised of working class people.

      And next time you can skip the insults. Thanks.

    38. #38 |  Mike Leatherwood | 

      The Iggy Pop letter was cool. Just outright cool.

    39. #39 |  Whim | 

      Regarding the Pennsylvania man’s exchange with a off-duty state trooper illegally parked, you are not responsible for being the police.

      He could have just phoned, and reported the car illegally parked in a firelane, giving its description and license plate number.

      Then, just stand by and let the police do their job……

      Otherwise, you’ve got to somewhat expect that if a person is arrogant enough to park in a firelane, the same violator is arrogant enough to escalate a confrontation.

    40. #40 |  Brian | 

      Hey, Im a new reader to this blog from Canada.

      WTF is going on down there in the States??? I just started reading about all these no-knock raids, police killing dogs, beating people up, killing innocent people.

      And I also read an article in the Economist about the sex offender registries and how you can get registered for public urination, streaking, and consensual relations between teenagers. WTF!!!!

      UNBELIEVABLE. And then the US government has the nerve to criticize China or Iran for their human rights abuses.

      I was actually thinking of looking into high tech jobs in Texas when I graduate college but after reading all this sh** I think Im gonna avoid the US altogether.

      Is it like this everywhere in the States or just in certain regions? I know the southern states are probably the worst, but do these things happen in places like San Fran too? I heard the cops there dont arrest anyone for drugs lol.

      Here in Canada, the police have to write a report everytime they unholster their gun! I dont think police would ever be allowed to use SWAT teams to raid a private residence…they only get sent anywhere if there is a standoff.

      I dont think I’d want to live in fear of the police busting down my door and blowing my head off!!!

    41. #41 |  Brian | 

      btw, who do you libertarians vote for I’m curious? As a libertarian myself I’d probably go with the Democrats even if they are tax and spend cuz law and order (now that I’m starting to see what that really means) Republicans would scare the hell out of me!!!

    42. #42 |  Leon Wolfeson | 

      Great, so now if you have *too much* health insurance (never mind you might need it), you get an extra tax bill.

    43. #43 |  Frank | 

      John Catoe:

      Na na na, na
      Na na na, na
      Hey Hey
      Goodbye!

    44. #44 |  Mattocracy | 

      Yes Whim, its his fault for swearing at a cop. That’s why he deserves to have his house broken into and attacked by cops. A disproportionate response is never ok. Don’t blame the victim.

    45. #45 |  Disneychick | 

      “Letters of Note” is a wonderful blog. Thanks for pointing it out.

    46. #46 |  JS | 

      #40 Brian, welcome to the site! And honestly if I were you I’d avoid the US altogether. Radley is one of the very few reporting on any of the abuses that are routine down here. I’ve seen it happen many times but this is the first place that really reports the way things are in America today.

    47. #47 |  Whim | 

      Mattocracy:

      Sorry, but I posted my reply on the Martha Coakley topic by misteake.

      Here’s my point: Before the interchange between the car driver and Mr. Doyle, before he even knew the driver was employed as a State Police Trooper, Mr. Doyle should have just called the police to report the driver parked in the Firelane.

      As a civilian, confronting someone who is maybe breaking a law like parked in a Firelane has a very high Risk vs. Return Ratio.

      On the upside, the best you can expect is for the driver to move their car.

      The worse is that the driver is a hoodlum or a state policeman who first argues with you, then it escalates to where he shoots you to death, and then it is their word vs. a dead man (you) when the report is eventually compiled by the police.

      Is that really worth it over a Firelane violation?

      Once in a driving rainstorm in hospital parking lot, I observed two teen-age girls park in a handicapped zone next to the entrance. No handicap sticker of course visible in their car.

      I, Mr. Dudley Do-Right, on the other hand parked in an available parking space far from the hospital entrance.

      When I eventually arrived in the hospital, whom did I encounter but the two teen-age girls.

      I told them I saw them park in a handicapped parking space. After first denying it, then they got very belligerent.

      Was I supposed to then SPANK them?

      Then I did what I should have done in the situation to begin with…..

      I turned it over to the hospital security to deal with.

    48. #48 |  Sinchy | 

      @whim
      I live in NYC. Suppose I see a person not picking up after their dog craps on the sidewalk, am I supposed to call the police for that? First of all if I called 911 I could be arrested for using 911 time for a non-emergency, secondly, as a reader of this blog, do you really think calling the police precinct would get me anything but a laugh and a hang up.
      What I’m getting at is that for crimes which amount to nothing but bad manners (though parking at a hydrant can be a real problem for firefighters) what we have as citizens is the power of shame.
      I’m not going to ask the gang banger with the pit bull to clean up his dog poo, but for most people just knowing that other citizens are going to call them out if they do something anti-social would be enough to change behavior.
      The same goes, in my opinion for people who park in restricted areas.
      Chances are the car isn’t going to be there long enough for calling the police to make a difference, but if citizens always spoke up, they probably wouldn’t do it as much.
      That cop abused his power and state resources for a personal vendetta against a citizen who was merely stating the obvious truth and calling out a person abusing the rules.
      It’s sad that we have to worry if the person we are upbraiding is a psycho, but that doesn’t mean what Mr. Doyle did was wrong or even stupid

    49. #49 |  Windy | 

      Non-union jobs can have GREAT benefits, depends on the company. My hubby retired a couple years ago from a non-union construction company, where he had worked for 40 years. Upon retirement, he had a very substantial defined contribution type pension, plus a 401k plan; while he was still working, the health insurance was more than adequate and covered vision and dental and, as it was paid via a medical savings account, we got a nice little Christmas present of a couple thousand $ reimbursment of unneeded funds every December in addition to his substantial Christmas bonus. I’m glad he retired so we won’t get hit by that 40% tax.

    50. #50 |  Whim | 

      Sinchy:

      What Mr. Doyle did was fine, even courageous. A model citizen.

      It is just immeasurably high in risk and measurably low in return.

      If you persist in remonstrating strangers who leave their dog poop on the NYC sidewalk, eventually, you will encounter someone who will feed it to you.

      And, make you beg for seconds…..or, do you just pick on defenseless 4’10′ women dog-walkers??

    51. #51 |  Boyd Durkin | 

      God Bless Unions and Government hero workers! We peasants should just be happy to be allowed in the same great country as them.

      It sucks, but it was predictable.

      Next you should check out how they will bailout their pensions while the rest of us go belly up and work hourly jobs until we die.

      Have you had enough democracy yet?

    52. #52 |  El Scorcho | 

      Whim,

      The problem is you are avoiding the issue. Yes the guy is stupid for berating strangers about their noncompliance with the law. If that was all that happened then there would be nothing in the paper. The point is that the dumbass cop had to prove his dick was bigger and escalate the situation because he could and could do it without any worry of being punished. That is what is America is evolving into right now, a place where you dare not question the authority of any Government agents with special emphasis on local and state LEOs. We are a sheepish and submissive public that blames the victims for the abuse they receive at the hands of the high priests of the police state.

    53. #53 |  Frank | 

      “The point is that the dumbass cop had to prove his dick was bigger”

      The point is that the dumbass cop was the biggest dick. Ever.

    54. #54 |  Joe | 

      Well Patterico is on one of his how dare you question the police kicks again. I do not know what happened in Pennsylvania. I do know that some cops think they can park in firelanes and commit traffic violations and do all sort of things as part of their jobs. And I know guys who have had a few too many martinis watching the game can have the tendency to mouth off to the cops. All you did was post a link. You did not misrepresent the link.

      But Patterico saying that misrepresenting facts is par for the course for you? There is a few bloggers would say the same about Patterico. Patterico is a douchebag. I am surprised Patterico is not supporting Martha Coakley. Those two have a similar prosecutorial styles. Why doesn’t Patterico ever try to overturn miscarriages of justice and instead seems obsessed with protecting the authority of cops and prosecutors everywhere?

      All I can tell you Radley is be really really careful driving in Los Angeles County.

    55. #55 |  Joe | 

      Rather than going off about some minor arrest (although I am sure having the cops bust into your home is not minor at all to the guy living there), why isn’t Patterico using his awesome intellect and prosecutorial background to challenge Martha Coakley on these cases? Seriously, Patterico wants Scott Brown to win, does not care for Martha Coakley, so why not criticize these cases? Does Patterico think Coakley was correct in prosecuting these cases?

      Or is it just a case of professional courtesy?

    56. #56 |  Joe | 

      Why hasn’t Patterico used those awesome powers of his to argue for Cory Maye? Did he support Maye’s conviction, or is it Patterico would rather not attack a forensic expert in the Maye case that might likely overturn other convictions? Better than an innocent man stay in jail (and at one point face execution) than mess up some proseuctions that might have a few errors? Think about that. I thought Prosecutors were supposed to do justice, not just win?

      Rather Patterico would engage in ad hominem attacks against you Radley.

    57. #57 |  Mario | 

      I was all for cheering on Mr. Doyle and booing the PA State Troopers, until I got to this part:

      Public Opinion talked to a few people affiliated with the Marine Corps League, who said they don’t know Doyle to be someone who would provoke a take-down by state police, especially having been a Marine and policeman himself.[Emphasis, mine.]

      Sadly, I no longer know whose story to believe. It has come to that.

    58. #58 |  Joe | 

      There are some great comments at Patterico’s post supporting how cops do in fact ignore the law all the time and a pretty good defense of you too.

      And of course Patterico is quick to respond. As are a few of Patterico’s funkies. I almost spit out coffee when one of them said Patterico never misrepresents the facts. Yeah right.

      I believe most prosecutors are honest and hard working–as are most cops. I know cops have dangerous jobs. But I also know mistake happen in proseuctions all the time, innocent people do in fact get ground up in the wheels of justice, and there are lots of cops and prosecutors who flaunt the law and have authority issues. Nifong was an extreme case, but he is hardly the only rogue prosecutor out there.

      Thank you Radley for pointing these cases out. Sunlight is always welcome. Patterico may be right about this guy, perhaps he was drunk and shouldn’t have been driving. And perhaps the trooper shouldn’t have been parking in the fire lane. And I am sure there will be a trial where the evidence can be reivewed by a jury.

      And I do know this, when it comes to getting in blog fights, Patterico has shown he is more concerned with winning than the truth or fairness.

    59. #59 |  David Chesler | 

      Without belittling the Penn arrest, just how illegal is it to live-park in a fire lane when there isn’t a fire going on? In some jurisdictions (NY, MA – I forget) it is completely legal to live-park (that is park [that is stop, other than temporarily for the purpose of loading or unloading passengers or cargo] but with a driver attending the vehicle) at a hydrant. It doesn’t do any harm, or even potential harm (no more harm than driving past a hydrant, because if a fire broke out and just at that moment you ran out of gas…)

    60. #60 |  Cynical in CA | 

      “Is it like this everywhere in the States or just in certain regions? I know the southern states are probably the worst, but do these things happen in places like San Fran too?”

      Welcome to the site Brian. Prepare for some depressing shit if you hang around.

      Reading this blog, one gets the sense of the all-pervasive nature of State abuse of individuals, but it is patchy in its frequency and amplitude across the US. Living in Orange County, CA, I have to admit things are fairly under control here, a few bad apples aside. But it is impossible to ignore the common thread of the corruption of power and it exists everywhere.

      As for SF, just don’t ride the BART, the cops there have been known to perform summary executions — so, you see, it can happen anywhere.

    61. #61 |  Joe | 

      Beyond his core group of regular sycophants and toadies, people are recognizing Patterico for what he is:

      Wow Patrick, certainly got a chubby for Radley goin. . .you mentioned that the guy that did the Nifong comparison didn’t look at the post. Um, Ok, let’s do that.

      On the face of it, you’re swinging the pendulum as far to one side as you rail on that Balko has done – whereas you slam Balko for taking the defendant’s side without question, seems that you’re doing the dame for the cops.

      Was there an amount of time after the guy returned home that he could have consumed alcohol – apparently. Was he actually intoxicated during the initial encounter? Unclear, it’s a he said/she said situation.

      Does it appear that the cop (apparently taking liberties by using a special parking spot, off duty, in civvies) began escalating the situation when he was called out on it? If the account that he was calling for backup to roll even before the defendant went anywhere near a vehicle, then, seems so. The story lacks any mention of a physical altercation, either claimed or charged, which would have been present if it was anything more than an exchange of words. And if the guy was leaving after having his say – why was backup required?

      BOTH sides of this fish story stink, imho.

      Of course, I’ve just engaged in the same sort of extrapolation you’ve done to excoriate Balko, with such extrapolation being the crux of your complaint, it seems. Fact is, none of the three of us were even present.

      Balko has done a LOT of work highlighting law enforcement missteps – his outlook on the matter is probably a bit shaded, given some of the examples of malfeasance he’s discovered – what’s surprising, to me, at any rate, is that an officer of the court, sworn to uphold the rule of law, and not men, is so immediately dismissive, if not derisive, of the work that Balko performs. Does he get it 100% right and absolutely accurate every single time? Don’t know, I have my doubts – but having reviewed quite a bit of his body of works, I, for one, am grateful he’s actually out there doing the job he does do – he’s part of the answer to the “who watches the watchers’ question, in a way a doppleganger to yourself, but instead of scrutinizing the entity known as the LA Times, Balko watches for cops acting badly.

      And that, in the grand scale of things, seems to me to be a bit more useful a service, all things considered.

      Because ‘editors gone wild/lazy/stupid’ in the LA Times newsroom don’t have a track record of killing innocent people.

      My two cents. Take it, or leave em in the little change cup at the mini-mart.

      Comment by Wind Rider — 1/16/2010 @ 7:51 am

    62. #62 |  Joe | 

      And you know Patterico will eventually run over here and post something. He is like that. He does not get paid enough (in his own mind) as a prosecutor so the only thing he has is his insufferable ego and sense of superiority. Perhaps he will question some of Martha Coakley’s questionable prosecutions. Devil’s Advocate if you will?

      I doubt it. Patterico is still trying to argue Nifong was an isolated event.

    63. #63 |  Joe | 

      I love that you have web ads for criminal justice and police offcier training on your blog Radley. That must drive guys like Patterico insane.

    64. #64 |  Patterico's Insufferable Ego | 

      I see Cut and Paste Joe is hard at work over at Balko’s. Which I appreciate, because I WANT this sort of dishonesty to be put in Balko’s face, but I don’t want to comment over there. I’m lucky Joe doesn’t ask for payment for spreading my work around the Web.

    65. #65 |  Andrew Williams | 

      Iggy’s letter to Laurence: Full of WIN.

      The man is awesome.

    66. #66 |  Andrew Williams | 

      #47: “Was I supposed to then SPANK them?”

      If a) they consented and b) they were of age to legally consent, sure.

      It never hurts to ask. Sometimes, the answer is “Yes.” ;)

    67. #67 |  Psion | 

      Joe, I’m sure Pissy Patterico’s sanity is already in doubt anyway. Or at least his ethics. That’s why he engages in so much of what psychologists call ‘projection’ when mentions of Balko’s name comes up.

    68. #68 |  Joe | 

      Psion. It is not just Radley’s name that does it. Patterico is a migrant worker who travels from blog to blog, willing to throw a conservative or libertarian under the bus to promote himself. BTW, I commented earlier this morning on Glenn Reynold’s intrade warning last night and how Brown pulled ahead today on intrade and Patterico stole that post and did not even give me a hat tip! And he is just doing it to cozy up to Glenn. Patterico is that ass kissing teachers pet we all grew up with that got beat up regularly after school.

      You would think as a prosecutor he would be even more offended by prosecutorial misconduct than most. He should have several posts grilling Martha Coakley on that topic. But do you recall him ever leading that fight? His major issue on the Duke rape lynching was to keep pointing out Nifong was the rare exception. Patterico is a tool that way.

    69. #69 |  Joe | 

      “Balko supporters, please address that concealment. Concealing facts is cool as long as it advances an anti-cop viewpoint? Is that your argument?”

      There’s no “concealment” to address. Balko gave a quick take on a story and linked to the whole story.

      The story he linked to, and that you cite, provides no “information that possibly justifies the cops’ entry.” The arresting officers entered Doyle’s home citing a bogus “disorderly conduct” charge based on the fact that he embarrassed a cop who didn’t think the law applied to him, not a DUI charge based on anything resembling probable cause (the charging officers didn’t observe him driving).

      Probable cause is something to be established before the fact, not drummed up after the fact to cover ass.

      Comment by Thomas L. Knapp — 1/16/2010 @ 11:00 am

      A response to Patterico at his site. Patterico hates probable cause, it is such an annoying technicality.

    70. #70 |  Joe | 

      A Patterico reader writes:

      Aren’t there other, better, examples of police misconduct – i.e. swat teams going to the wrong house and killing someone by accident- than intoxicated guys deciding to play metermaid? Just asking…..

      Comment by Californio — 1/16/2010 @ 1:05 pm

      Absoulutely Californio. Cory Maye’s case. Heard about it? Probably not from Patterico. All Patterico has done is argue Balko has the case wrong. Patterico refuses to reverse himself on it because that would mean acknowledging Radley Balko was right (even though Glenn Reynolds agrees with Balko). It would be bad form for Patterico to criticize another prosecutor. If Cory Maye got executed or spends his life in jail despite being innocent..well a greater issue is served. That prosecutors need have the ability to make the necessary judgments to protect society. And if a few eggs or innocent men get broken? Oh well, stuff happens.

    71. #71 |  TC | 

      Joe, chill out a bit.

      Patterico aint all bad at all. In fact quite the contrary, though this thread of his was/is a lame excuse to start a shitstorm over nothing. I pointed such out to him, and of course he promptly spanked me for such. I replied.

      I’m sure to have earned another round of shit kicking for that as well.

      I remember pat’s site allowing DRJ, one of his best contributors, to post the entire week of the Compean and Ramos trial transcript, which I read every word of. The site was not to kind to “Johnney ?” the fed prosecutor in the case. Rightfully so.

      I was rather amazed at the silence over there during the Duke La-cross, (the Nazifying of the name Nifong), case though. Actually shocked over the silence. But looking back, it’s how the legal industry reacts, circles the wagons so to speak. Even when the real ugly comes flowing out onto the streets, all too many of them remain quiet over it.

      I agree he could spend more time helping to cleanse his own industry, but such is not normal for any of us. Can be equated as crapping where you eat. So I understand the behavior.

      I’ll add only this, an industry that refuses to regulate itself is begging for others to step in and regulate them.

      The legal industry is prime for such intervention.

    72. #72 |  Stormy Dragon | 

      Well Patterico is on one of his how dare you question the police kicks again.

      Patterico is just pissed that Jack Dunphy’s cock keeps getting slapped out of his mouth by Radley’s reporting.

    73. #73 |  TC | 

      Evidently my remembrances of Patterico’s silence during the Duke event was WRONG!

      So I’ve apologized to Patt on his site, least I could do was share it here as well.

      Pat I’m sorry, your site did post several items about the asshole known as Nifong.

    74. #74 |  Joe | 

      TC–I agree with Patterico on a lot of policy issues. In fact probably most political policy issues. I am also not one to immediately assume the worse when it come to the police or prosecutors. I know most do their best and that there are a few bad apples. I am still glad there is a Radley Balko willing to shine some sunshine on these issues.

      Patterico did criticize Nifong. How could you not it was one of the most blanant cases of prosecutorial abuse in the public eye. But he certainly did not take the lead on it. On Cory Maye, Patterico has argued the prosecutor’s case on that one and accused Radley Balko of misrepresenting the facts.

      The Duke case was very bad, but Cory Maye was facing execution. A black guy who defends himself with a legal gun in the middle of the night in his own home when the cops bust in the door on a no-knock warrant due to a mistake, which tragically results in the death of a white officer (who happens to be the chief’s son) gets sentanced to death? In Mississippi. And lots of evidence the defense counsel was incompetent and the prosecution expert was at best sloppy. Jeez Louise? Glenn Reynolds got the issue right away. Patterico, not so much.

      And if you have questions about how Patterico acts in the play yard, a few bloggers can tell you he does so very fast and very loose with the facts. And he has done it in the past with Radley.

    75. #75 |  Joe | 

      As usual, Patterico and his band of merry men shake their little fists and stomp their little feet and throw a tantrum. Predictable everytime Patterico starts one of these things–I won’t bother linking but the comments and Pontifications are as you would expect. He will move on to some other blogger in due time. It is what Patterico does.

    76. #76 |  Frank | 

      #57 As as friend of mine said: “I knew an honest cop once. He died in prison.”

    77. #77 |  Boyd Durkin | 

      72 Stormy Dragon wins the post.

    78. #78 |  ravenshrike | 

      Radley, why the hell is a Patterico stalker spamming up your site?

    79. #79 |  Steve Verdon | 

      But your example is from fantasyland. The fact is that most workers who this will impact are….unionized workers who’ve struck for more lucrative benefits packages.

      I’d like to see some evidence of this. But the point still remains even if “most” people in this situation are union workers. Some are not. The proportion is 1 – “most”. It violates the notion of equity that dim bulbs like Drum blather on about.

      But that’s okay now that we know you really don’t give a shit about equity like you claim, we’ll know exaclty what weight to put on your future comments.

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