A veteran district court judge in Herford, Germany was ordered this week not to hear traffic cases after he dared question whether speed camera citations are being issued merely as a means of generating revenue. Judge Helmut Knoner faces two criminal charges for acquitting forty-two motorists last month after noting that the automated ticketing machines lacked a solid legal foundations and appeared to be installed by authorities with questionable motives.

“Many cities and municipalities are feeling the pressure of empty coffers and earn good money with photo radar,” Knoner stated.

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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.

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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.

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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.

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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.

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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.

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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.”

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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.”

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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.”

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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.

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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.

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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.

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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).

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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.

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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. (Read More…)