Police in Wisconsin need no warrant to electronically track the moves of motorists not suspected of any crime, according to a ruling handed down yesterday by the state court of appeals. The decision came as a three-judge panel unanimously declined to overturn the stalking conviction of Michael A. Sveum that had been based largely on evidence provided by a Global Positioning System (GPS) tracking device secretly installed on Sveum’s car while it was parked on his private driveway.
Police in West Virginia may no longer issue tickets to motorists for failure to signal without also showing another vehicle may have been affected by the maneuver, according to a ruling issued Monday by the state supreme court. Justices took up the issue in the context of a June 25, 2006, traffic stop in which West Virginia State Trooper C.T. Kessel pulled over Chad R. Clower on US-50 in the city of Romney. According to Kessel, the road was deserted that night when he saw Clower’s car two full city blocks ahead. After Clower made a right-hand turn without signaling, Kessel pounced. At the time, Clower was neither speeding nor weaving and Kessel had noted nothing unusual about the man’s driving beyond the lack of a signal. In the course of the stop, however, Kessel noticed that Clower’s eyes were “glassy” and he immediately suspected the man had been driving under the influence of alcohol.
Illinois State Police troopers seized a high-performance muscle car and set it aside for the personal use of an influential police official. The Associated Press reported that a suspected drunk driver in a 2006 Dodge Charger SRT-8 was pulled over in January 2007. The troopers used a state seizure law to confiscate the vehicle. Once the paperwork was complete, the 425-horsepower vehicle—as-new base price of $38K—was handed over for the personal use of Ron Cooley, 56, the Executive Director of the Illinois State Police Merit Board. Taxpayers also pick up the fuel tab for gas-guzzling 6.1-liter V-8 as he drives to and from work each day and on various business trips.
When Dale Lee Underdahl and Timothy Arlen Brunner were both charged with DUI in separate cases in 2006 and 2007, they sought access to the source code for the Intoxilyzer 5000EN. Minnesota state officials resisted the defendants’ requests, claiming the software controlling the device was not relevant and, in any case, it was private information under the sole control of the machine’s manufacturer, CMI Inc. CMI claimed the information was a “trade secret” and refused a district court order to produce the code. This led to the prospect that the charges against Underdahl and Brunner would be dismissed for lack of evidence. So before this could happen, the state asked the court of appeals to strike down both discovery requests. The appeals court agreed with the state. The Minnesota supreme court found fault with the reasoning of the appeals court and split the difference.
Officials representing Livingston Parish, Louisiana have canceled speeding tickets for all motorists caught in a notorious speed camera trap on Interstate 12. After numerous public complaints, officials were forced to admit 2488 citations were unfairly issued between January 26 and February 5, according to the Baton Rouge Business Report. Redflex Traffic Systems of Australia has operated the speed camera van on the parish’s behalf since January. As a productivity incentive, the company pockets $33 for every ticket it issues. Redflex found the most profitable position was around mile marker 15 on I-12 where the speed limit drops from 70 MPH to 60. Because there is no perceptible change in the freeway at the location, those who missed or ignored the sign became the targets for an instant ticket.
The Presidential Task Force on Automobiles (PTFOA) has claimed its second Motown CEO scalp. Chrysler CEO Bob Nardelli announced his departure in paragraph eight of Chrysler’s official statement on the automaker’s Chapter 11 bankruptcy filing. “Now is an appropriate time to let others take the lead in the transformation of Chrysler with Fiat,” said Nardelli. “I will work closely with all of our stakeholders to see that this new company swiftly emerges with a successful closing of the alliance.” (Star Wars fans need apply.) Our sources tell us what common sense suggests: PTFOA head Steve Rattner read Nardelli the riot act. Nardelli joins former GM CEO Rick Wagoner in that special place where pensions are bankruptcy-proof (insured by the company), and mythical share option fortunes are bemoaned from a place of complete financial security. While Wagoner was immediately replaced by his clone, former CFO Fritz Henderson, the PTFOA has not named Nardelli’s successor. The lack of speculation speaks volumes.
Since their installation in December 2007, red light cameras in Chattanooga, Tennessee, have failed to decrease the number of collisions at the locations where they are used. The UK-owned firm LaserCraft operates automated ticketing machines at six city intersections, splitting the revenue generated with the city. Officials claim the two primary objectives of the program are saving lives and decreasing the number of accidents, injuries and fatalities caused by speeding and red light running. Instead of a decrease, the total number of accidents at these locations increased six percent from 143 to 152, according to the city’s own data. At most of the locations, there was little or no change in accident frequency following the installation of cameras. The only significant change was seen at Fourth Avenue and East 23rd Street where ten accidents in 2007 jumped sixty percent to sixteen in 2008.
The Washington State Department of Transportation (WSDOT) dedicated last week to “Work Zone Safety Awareness” so that it could begin redeploying speed cameras on freeways. Bright orange publicity signs told motorists to “Give ’em a Brake” while fifty-six bright orange highway worker jackets hung from WSDOT offices as a reminder of the number of highway workers who have died since 1950. “The men and women who work on our state and local highways are often working in and near traffic, and we want everyone to go home to their loved ones at the end of their work day,” WSDOT Secretary Paula Hammond said in a statement. According to WSDOT’s own statistics, however, they do go home safely each night.
Minnesota Attorney General Lori Swanson is fed up with the state of Illinois for issuing toll road photo tickets and collection notices to innocent drivers in her state. Swanson yesterday fired off a 75-page complaint to the Illinois Tollway, the Illinois Office of the Executive Inspector General and Illinois Governor Pat Quinn (D). Swanson enumerated the problems Minnesotans described when calling her office for help:
Corporations that stand to gain millions if the Florida legislature legalizes red light cameras have created a network of victim advocacy groups to promote their cause. Central to this effort is Melissa Wandall, founder of the Stop Red Light Running Coalition of Florida. Wandall became involved in the issue after a tragic red light running accident took the life of her husband Mark in 2003. Wandall now uses her status as a victim to travel the state and to lobby the legislature on behalf of red light cameras. Sympathetic newspapers frequently run her opinion pieces on the eve of important committee votes. Far from being a grassroots effort, however, Wandall’s group is part of a slick marketing campaign funded in large measure by the traffic camera industry.
It is often said that a man’s home is his castle. The Supreme Court has upheld this rule many times. Police may only search upon probable cause or a warrant from a Judge. When, however, can the police search your car incident to a traffic violation? Just about always, claimed the police. Not so fast, rules the Supreme Court. In a close decision, the nation’s highest court reined back the ability of police to make warrantless searches in auto stop cases. Make no mistake, you are not “home” when you are in your car, no matter how much time you spend there or what you do there. Indeed, you have a greater right to privacy walking down a street.
After yesterday’s post on rip-offs on autotrader.ca, I looked into the Internet used car sales fraud deal. It’s a BIG deal. The industry estimates that some twenty-two million used cars were sold online last year. According to a recent FBI report, the number of complaints the agency received re: Internet fraud rose 33.1 percent during the same period, representing a $265 million loss. Yes, well, that’s the reported figure. No one knows the actual size of the car classified rip-off problem and which way it’s trending (to use the proper verbization). The companies who provide the websites where these shady deals go down ain’t gonna to fill in that blank, now are they? Autotrader.com spokesman Mark Scott wouldn’t disclose the number of fraud tips sent to them by aggrieved/suspicious users. But he claims his employer investigates all leads within an hour of receipt.
You gotta think the head of the Presidential Task Force on Automobiles (PTFOA) is in deep shit re: the growing kickbacks for public pensions scandal—given that Steve “Chooch” Rattner couldn’t be more politically connected if he was tied to President Obama with an umbilical chord made of piano wire. Not only was Rattner Obama’s personal choice to “fix” the US auto industry (i.e., Chrysler and GM), but the ex-journalist also manages Mayor Bloomberg’s personal fortune. As The New York Times reports, Rattner also knows a Senator or two. “Mr. Rattner forged close personal ties in New Mexico, which invested $20 million in Quadrangle. He met with Senator Jeff Bingaman, a Democrat from that state, on at least one occasion, according to a person with knowledge of the meeting. From about 2004 until early this year, Quadrangle also employed the senator’s son as an associate. A spokeswoman for Senator Bingaman said that the senator’s son did not raise money for Quadrangle, but instead helped make investments. Senator Bingaman was not involved in the pension process, she said.” Sure, coincidence. I buy that. But then I believe Rattner and his 24 PTFOA teammates are more qualified to run the US auto industry than say, someone with industry experience who doesn’t depend on his ability to grease political palms for his or her livelihood.
Hello Robert,
I dropping you a note to alert TTAC readers about a growing problem in the autoblogosphere. There’s been a marked increase in fraudulent collectible car ads posted on www.trader.ca. Normally, the bogus ads are easy to spot: they tout pristine classics at firesale prices. In many cases, the “seller” only provides an e-mail contact. If they list a phone number, it’s usually a fax. But even buyers who forget that “too good to be true” means just that should caveat their emptor. Some of the ads offer desirable cars at prices that seems good but not great. I recently inquired about a Mustang. I became suspicious. When I asked for close up snaps (to see if the seller could provide them), the seller became indignant. When I stated flat out that I wouldn’t pay a cent without these “proof of life” pics, the “seller” disappeared.
In short, be careful out there! You don’t have to be a complete fool to be parted from your money.
Nicholas
KTAR.com reports that Phoenix, Arizona, police have arrested a suspect in the fatal shooting of a civilian photo radar operator. According to the Arizona Department of Public Safety (DPS), witnesses called police to Phoenix Arizona’s Loop 101 and Seventh Avenue at approximately 9 pm last night. They found operator Doug Georgianni, 51, dead from multiple gun wounds. The victim worked for Australia’s RedFlex Traffic Systems Inc., which operates photo radar vehicles for the AZ DPS. Police viewed the tape made by the radar van immediately after the shooting, and traced a gray and white Chevy suburban with a roof rack carrying a spare tire to a suburban driveway. They arrested its owner, 68-year-old Tom De Stories. Redflex pulled its 40 radar vehicles on state highways out of service until further notice.
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