The US Court of Appeals for the Ninth Circuit on Tuesday reaffirmed a decision handed down in January (read decision) limiting the ability of police to taser motorists over minor traffic violations. Coronado, California Police Officer Brian McPherson blasted motorist Carl Bryan, then 21, with a 1200-volt taser during a traffic stop over a minor infraction on the Coronado Bridge near San Diego, five years ago. Bryan lost four of his front teeth and was hit with “resisting arrest” charges. He sued, claiming excessive force had been used.

“We concluded that Officer Brian MacPherson used excessive force when, on July 24, 2005, he deployed his X26 taser in dart mode to apprehend Carl Bryan for a seatbelt infraction, where Bryan was obviously and noticeably unarmed, made no threatening statements or gestures, did not resist arrest or attempt to flee, but was standing inert twenty to twenty-five feet away from the officer,” Judge Kim Wardlaw summarized.

(Read More…)

The Ohio Court of Appeals ruled on Monday that police do not need to obtain a warrant before attaching a GPS tracking device to anyone’s vehicle. The case arose after paid informants told the Butler County Sheriff’s Office that Sudinia Johnson was involved in selling cocaine. Acting on this information, Detective Mike Hackney attached a pager-sized GPS tracker to the undercarriage of Johnson’s white Chevy van.

The GPS unit uploaded information regarding the van’s location to a website that Hackney regularly checked. This information was used to follow the van from Chicago back to Ohio, with police prepared to make a traffic stop with drug-sniffing canines as soon as Johnson entered Butler County, as long as “they were able to find probable cause to make a stop,” according to Hackney’s testimony.

(Read More…)

A federal lawsuit seeks damages against a rental car company for allowing the photo enforcement firm American Traffic Solutions (ATS) to place charges on the credit cars of customers without their consent. North Carolina resident Dwight Simonson filed the case in the US District Court for the District of New Jersey earlier this year and hopes it will be certified as a class action. Simonson had rented a Hertz automobile in Orlando, Florida on June 23, 2009 and was outraged to find himself being billed $10.75 by ATS for a 75 cent toll. Since 2005, the New Jersey-based Hertz Corporation has worked with ATS through a program known as PlatePass through which renters can use toll roads with a built-in payment system. Frequent travelers have expressed outrage over the automatic billing for various forms of traffic fines they consider excessive. Simonson argues that the program is intended to defraud renters.

(Read More…)

A federal judge issued an order last Friday blocking the immediate removal of red light cameras from Houston, Texas intersections. On November 2, voters adopted an amendment to the city charter making photo tickets unenforceable, against the wishes of the Houston city council and the private vendor that operates the cameras, American Traffic Solutions (ATS). Over the Thanksgiving holiday, US District Court for the Southern District of Texas Judge Lynn N. Hughes worked out a deal with the city and ATS to preserve the cameras, for now.

(Read More…)

A divided federal court last week ruled that police could not use GPS devices to track a suspect without first obtaining a warrant. Nine judges of the US Court of Appeals for the DC Circuit considered the case of Antoine Jones who had been arrested on October 24, 2005 for drug possession after police attached a tracker to Jones’s Jeep — without judicial approval — and used it to follow him for a month.

(Read More…)

The Las Cruces, New Mexico city council on Monday agreed once again to continue using a photo enforcement program that has proved to cause a significant increase in accidents. The jurisdiction in May reluctantly complied with a New Mexico Department of Transportation (NMDOT) order shutting down automated ticketing on state roads. Officials ignored the evidence at the time that accidents had increased, not decreased as promised, at photo enforced locations.

(Read More…)

Millions of dollars paid by motorists in red light camera and speed camera fines end up in the pockets of a handful of individuals. In the United States, American Traffic Solutions (ATS) is responsible for about 41 percent of the nation’s photo enforcement business, but as a private company its dealings are well concealed from public scrutiny. Based on a review of documents marked “confidential — attorneys’ eyes only,” the ATS leadership team has reaped significant personal profit in a short amount of time.

(Read More…)

Redflex shareholders on Friday approved big pay hikes for the photo enforcement firm’s top management at the annual meeting in Victoria, Australia. Redflex has cornered 44 percent of the red light camera and speed camera market in the US, although Arizona-based rival American Traffic Solutions (ATS) is catching up to its down under competitor with a 41 percent market share.

(Read More…)

Automated cameras will begin issuing tickets to the owners of vehicles that momentarily stray into bus lanes in New York City, New York beginning Monday. The cash-strapped metropolis imported the idea from London where a similar system generated 293,000 citations and more than £35 million (US $56 million) in 2008. New York’s bus lane tickets will run between $115 and $150 each.

The project marks one of the first uses of automated enforcement in the United States that drops the pretense of being a safety measure. The stated purpose of the new cameras is to give buses a travel priority over automobile traffic.

(Read More…)

Indianapolis, Indiana followed in the footsteps on Chicago, Illinois by deciding on Monday to sell its parking meters to a private company — a decision that has proved highly controversial in the Windy City. The vote was a close one.

The Indianapolis parking meter deal squeaked through the city council 15 to 14. Under the arrangement council members approved, the city will lease out 3700 metered spaces for fifty years for only $20 million up front. The city will get to share in the revenues which, according to city estimates, will bring in $620 million over the life of the lease. The Indianapolis contract, unlike the terms of Chicago’s relatively inflexible deal, does provide the option of opting out of the deal every ten years.

(Read More…)

Red light cameras are no longer issuing tickets to motorists in America’s fourth-largest city. The Houston, Texas city council on Monday canvassed the results of the November 2 vote and ordered the cameras unplugged. In the nearby city of Baytown, red light cameras will be disabled at midnight on November 26.

“The voting public has spoken,” Houston City Attorney David M. Feldman wrote Monday in a letter to Jim Tuton, CEO of the camera contractor American Traffic Solutions (ATS). “Houston must follow the mandate of the electorate. Houston hereby terminates its contract with ATS. This termination is effective immediately. ATS is required to turn off all red light cameras installed and/or monitored by reason of the contract and ATS is to do so immediately.”

(Read More…)

A motorist filed a federal lawsuit against Chicago, Illinois police officers who issued twenty-four bogus parking tickets against him over the course of fourteen months. The tickets arrived in groups of three and four and were for violations that frequently contradicted one another, requiring the vehicle to be in more than one place at a time. Mark Geinosky suspects they conspired against him to extract revenge on behalf of his ex-wife.

“Plaintiff alleges that he received tickets for violations which never occurred, and which the defendant officers knew had not occurred, as part of a deliberate campaign by officers in Unit 253 to harass him,” Geinosky’s lawyer wrote in a brief to the court. “Plaintiff was forced, over and over again, to respond to bogus parking tickets which the defendant officers gave him for malicious reasons.”

(Read More…)

A veteran district court judge in Herford, Germany earlier this month dismissed 42 speed camera citations on the grounds that they were not issued for any legitimate safety purpose. Judge Helmut Knoner blasted the use of cameras that has turned into a multi-billion-dollar worldwide industry.

“Speed cameras are often a big rip-off,” Knoner said. “There is no law that regulates when, where and how measurements are made. For me, the reasonable suspicion is that cities, counties and police authorities only want to make money.”

(Read More…)

American roads have never been safer according to statistics released by the National Highway Traffic Safety Administration (NHTSA) for the first half of 2010. Already in 2009, the number of people killed per 100 million vehicle miles traveled had dropped to 1.13 from 1.26 in 2008. This 5.3 percent drop in accidents already represented the lowest rate on record.

(Read More…)

A federal appellate court ruled Tuesday that a portion of a lawsuit against the red light camera and speed camera program in Cleveland, Ohio could proceed. Daniel McCarthy and Colleen Carroll argued that the city had unconstitutionally deprived them of their property after the Parking Violations Bureau fined them $100 when the municipal traffic camera ordinance did not give the city any authority to impose a fine on someone who leases his vehicle. A district court judge threw out the case, but the US Court of Appeals for the Sixth Circuit found merit in the state law aspects of their argument.

(Read More…)