Under a Gibbous Moon

Back in February, one Brian McGacken was brought to his front door by the knocking of New Jersey State Troopers. It seems that someone had phoned in an anonymous 911 call that there were screams coming from his house. McGacken and his girlfriend confirmed that there had indeed been screaming and it had been do to them having (very) loud sex.

Not satisfied with this answer, the police searched the home and uncovered a marijuana factory. McGacken was arrested and convicted. In his appeal, he questioned the probable cause that initiated the discovery. The judge denied the appeal stating that:

The police are not required to accept the explanation that a person answering the door gives for a distress call. While loud sex may have been a plausible source of screaming, that explanation was not so reliable that the police acted unreasonably in investigating further….

But what about it being an anonymous complaint? Oh ya, they covered that:

Defendant did not deny that screaming had occurred in his residence. His admission made it unnecessary for the police to seek corroboration to establish the reliability of the anonymous 911 call.

The points above are listed in order in the ruling. The court first said that an anonymous tip trumps face to face. Essentially, people with names lie but anonymous tipsters never do.

The courts explanation for the second point is essentially a hand wave. Their first point clearly states that the “explanation was not so reliable” that the police still had probable cause despite the explanation. Since there was no screaming when the police arrived (which further bolsters the reliability of the excuse) they should have to get a warrant if they really feel that there is something sinister going on.

The biggest problem with this is that the source of the complaint is anonymous. No one is held responsible, there is no confronting your accuser. It could have come from anyone for any reason. Hell, with a case like this the police could just start calling in anonymous tips to search any house they want.

I once had a neighbor that wouldn’t turn down their music. When I called the police I came outside when the officer arrived and went with him when he knocked on the door. I’m not saying that everyone needs to be so bold (though it would help), but if you are going to file a complaint you better be willing to put your name behind it.

Hat Tip: Boing Boing

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This strange case comes out of Merry Ole England. Marium Varinauskas, while drunk, attempted to strike a responding police officer with his penis. The police officer, responding to the danger with a cool head, managed to dodge the blow (though I do like the articles use of “forcing her to take evasive action to avoid getting struck”).

After sobering up he claims to have no memory of his phallic assault but has decided to swear off “binge drinking”.

The thing I truly enjoy about the internet is that I am truly convinced that no matter what I’ve heard or seen, somebody out there is determined to top it. Bless you.

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Megan Barnes was in a car accident. She rear ended a pickup truck. She did this apparently because she was shaving her “bikini area”. This story has all kinds of wrong.

• She was shaving because she was on her way to see her boyfriend
• Her ex-husband was in the car with her
• He was steering
• She was driving (sort of) on a suspended license

At least she wasn’t talking on her cell phone too.

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This, this is so unbelievably stupid that it warrants the creation of its very own tag.

I’m sure we all remember back in ‘94 when a woman put hot coffee between her legs, spilled it, and burned her hoo ha. For her gross negligence she was (initially) awarded several million dollars.

That, to my vague and hazy recollections, is the day the lawsuit jackpot started. Soon everybody who did something stupid was suing the manufacturer, the seller, and their neighbor in an attempt to make a buck.

Inane warning signs proliferated like weeds. But no, that wasn’t enough, not for William Ogletree.

On December 30, 2009, the dawn of a new era began. Not simply content with finding ways to hurt himself doing idiotic things with mundane items, he is threatening a lawsuit because he forgot his coat and no one bother to have “…collected the coat, kept it in a secure place and held it for a reasonable period of time for the owner to locate it”.

That’s right, folks, he forgot his coat and its someone else’s fault that he didn’t get it back. Apparently the City of Houston, The Westfield Concession Management, Inc, and Continental Airlines are supposed to be his mommy.

Hat Tip: The Smoking Gun

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The senate filibuster is wrong, it has alway been wrong and so it shall remain. I don’t care who uses it or why. The reason for this is simple,  we live (ostensibly) in a democratic society. Typically in a democratic society the will of the minority is not allowed to overrule the will of the majority.

That is, though, exactly what filibuster is. One (or sometimes a small group) senator is able to indefinitely delay the passage of a bill. The House of Representatives does not allow this, why does the Senate? Selfishness.

All senators hate the filibuster because it can get in the way of what they want but at the same time, they all love it because it allows them to get what they want. The best part of it is, that not wanting to be inconvenienced, senators are not even required to stand and talk to filibuster. The filibustering senator merely says he is and then everyone can go home.

While the Constitution gives the Senate the power to form its own rules, this is downright stupid. Unfortunately, the only way around their selfishness would involve getting them to either change it directly or through a Constitutional amendment. I don’t see either of those things ever happening.

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