Police may not pull over a car simply because two passengers are riding in the back seat, according to a September 2 ruling of the US District Court for the Eastern District of New York. On December 30, 2009, a trio of New York Police Department officers had a hunch that a passing gold-colored Ford Crown Victoria with New Jersey license plates might secretly have been charging for rides.

The vehicle broke no traffic laws, but the officers became suspicious because in the dark at 1:30am, the officers only saw dark silhouettes of people in the back seat — and nobody in the front passenger seat. At trial, the officers were unable to provide a description of the vehicle, or identify any unusual activity from its occupants. None had ever seen this Crown Vic before. Officer Trent Narra testified that he had a “hunch” that the car was violating the New York City Administrative Code that fines individuals who operate cab service on the side without paying the $686,000 fee for a taxi medallion.

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The distinction between employees for a private photo enforcement firm and taxpayer-funded public servants blurred in the city of Lynnwood, Washington. Emails between city officials and American Traffic Solutions (ATS) suggest a cozy relationship developed where both sides were willing to perform the duties of the other in terms of marketing and public relations.

Lynnwood Police Sergeant Wayne “Kawika” Davis, for example, used official government resources and time to come up with a marketing plan to sell for the privately held firm at a conference held at the Tulalip Resort Casino in June.

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Arizona must subsidize those who ride on buses, vans and light rail, regardless of the desire of state lawmakers or voters to do otherwise. US District Court Judge David G. Campbell on Friday overturned a state law enacted in March last year to curtail excessive spending by slashing such subsidies. The legislature canceled the Local Transportation Assistance Fund, which had doled out $127 million in taxpayer cash since 1998 to various mass transit programs using funds from the Powerball lottery.
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The Washington Court of Appeals yesterday delivered a big win to American Traffic Solutions (ATS), the photo enforcement firm that has fought hard to prevent the public from voting on red light cameras and speed cameras. A three-judge panel overturned last month’s decision by Whatcom County Superior Court Judge Ira Uhrig that had found the ATS suit was specifically crafted to block public access to the ballot.

The appellate judges sided with ATS, which argued Bellingham residents have no right to decide whether or not automated ticketing machines can be used in their city.

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A police officer has no right to pursue a minor traffic stop into a home, according to a ruling handed down Wednesday by the US Court of Appeals for the Tenth Circuit. A three-judge panel considered what happened after police in Sulphur, Oklahoma saw a suspect allegedly driving with faulty taillights on July 23, 2007.

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Voters in at least seven cities will soon have a chance to decide whether to prohibit the use of red light cameras and speed cameras. Initiatives are being certified for the ballot in five states across the country, despite an all-out effort by photo ticketing firms to block any public role in the matter. Early voting is already underway in Albuquerque, New Mexico for the October 4 municipal election.

“Shall the Albuquerque city council continue authorizing the ‘Safe Traffic Operations Program,’ commonly called the ‘red light camera program’?” the city ballot asks.

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Just because police can search an automobile does not mean they can search its driver, according to an August 15 ruling by the North Dakota Supreme Court.

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As municipalities around the country increasingly have second thoughts about continuing red light camera programs, the private companies in charge of the photo ticketing are turning up the heat. Redflex Traffic Systems announced to its Australian shareholders last week that it continues to adjust contract language, boosting the penalties for cities that turn their back on photo ticketing. Just such language has hit in San Bernardino, California where rival photo ticketing firm American Traffic Solutions (ATS) is threatening to impose an extra $1,896,202 fee to punish the city council for attempting to get out of the contract in March. Officials had already approved cutting a check for $175,000 to the company as compensation.

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A federal appellate court ruled Friday that the pepper spraying and beating of a black motorist who did not wear his seat belt constituted excessive force. Mark Anthony Young, 46, was driving to the gym in February 2007 when Los Angeles County, California Sheriff’s Deputy Richard Wells stopped him so he could issue a ticket for failing to buckle up. Wells’ problems began when he was unable to produce his vehicle registration.

While Wells was writing up the ticket, Young got out of his truck and walked over to hand the deputy the vehicle’s paperwork. Wells ordered Young back into his truck, but Young did not feel like doing so. He sat on the curb, eating broccoli. In his legal filing, Wells claimed the broccoli was dangerous and that he “believed that [Young] was about to throw the broccoli at [him] in order to cause a distraction before assaulting him.”
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A fourth city in Orange County, California is poised to outlaw the use of red light cameras. Earlier this month the Laguna Niguel city council voted 4-1 on first reading of a measure that would prohibit the use of automated ticketing machines in the future — the city has never allowed camera vendors to operate on its streets.

Linda Lindholm and Robert Ming introduced the measure citing the “mixed reviews” the cameras have received with studies showing red light cameras increase accidents (view studies).
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The long battle over the red light camera program in Houston, Texas ended Wednesday. The city council voted 14-1 to repeal the ordinance that granted American Traffic Solutions (ATS) the right to issue automated tickets at fifty intersections throughout the country’s fourth largest city.

“This is a total victory for the voters of Houston,” Citizens Against Red Light Cameras spokesman Philip Owens told TheNewspaper. “The only shame is it took too long to get where we are. Today was more of an exercise in political theater but a win is a win.”

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Opponents of red light cameras and speed cameras have had an impact on the bottom line of one of the world’s largest photo enforcement providers. Redflex Traffic Systems reported a “slowdown in the level of new contracts signed” that dragged the firm’s US traffic camera revenue down $2.4 million in the 2011 financial year. Redflex lost $1.5 million worth of US contracts this year.
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Confiscating automobiles has become a significant source of revenue for cash-strapped California cities. Last Tuesday, the state legislature gave preliminary approval to legislation to impose limits on the practice.

Under current law, municipalities run sobriety checkpoints funded almost entirely by $30 million in federal grant money. The drunk-driving (DUI) roadblocks catch comparatively few drunk drivers, so officers often focus on issuing as many tickets as possible for minor violations while cars are stopped. Assembly Bill 353 separates vehicle inspection checkpoints from DUI roadblocks and prohibits impounding of vehicles unless the alleged offense meets certain criteria.
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The California legislature last week sent legislation to Governor Jerry Brown (D) designed to boost the number of citations issued for for driving while talking with a cell phone in hand. The measure also increases the maximum possible fine to $528.
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The city council in Tampa, Florida this month began deciding how it would spend revenue from the red light camera program expected to go online next month. Officials calculated that the automated ticketing machines would bring in an extra $2 million a year, an important amount for a city facing a $34.5 million budget deficit.

Police Chief Jane Castor had proposed to the city in March that it sign a contract with American Traffic Solutions. Castor and members of her department personally profit from any ticketing system linked to an increase in automobile insurance rates. This is so because the state imposes a tax on car insurance that is deposited as a “state contribution” in each municipality’s police pension fund. Based on city figures, the 0.85 percent tax pumped an extra $8,158,217 into Tampa police pensions from a total of $1 billion in added insurance costs paid by Tampa drivers between 1999, when the current system was imposed, and 2009.
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