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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When Jordon Miles was walking home one night, three men got out of a car and approached him. Miles tried to run but fell. He was then beaten and handcuffed.

That much is agreed upon. The men claimed that they identified themselves as police officers. Miles claimed that they did not. To me, it is irrelevant.

According to the police, the three plain clothes officer say Miles walking and that they considered his appearance to be “suspicious”. That is vague as hell.

They had no real reason to suspect anything. He wasn’t driving erratically. No one had phoned in a complaint. He wasn’t running from the scene of a crime.

Even if they did identify themselves, there’s not reason he should have to stop to talk to them, unless they were willing to put him under arrest then and there. I find the whole “he ran” thing to be a pathetic excuse. Unless you have a damn good reason to arrest me. It should not matter. If I don’t want to talk to you, I don’t have to. See my lawyer and while your at it, try the 4th Amendment.

We do not live in a police state. Stopping someone just because they are walking down the street is just plain wrong.

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From CBS News, an Oklahoma woman, Donna Jackson shot and killed Billy Riley after he forced his way into her home. She had heard him trying to break in. She called 911 but there was no chance of the police being able to get there before Riley was able to break in through a glass door.

She had a shotgun though and when the intruder came in, she shot and killed him. Below is a recording of the 911 call that she made.

(continue reading…)

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