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law

 
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disabledfighter  

California Milk Case-how they went on & on about I cant have kids if I am disabled

THE CALIFORNIA MILK CASE

or



The history of why they took our babies-


We had been advised years ago that many immunizations contain the "cell line" of aborted babies-so due to religious reasons we LEGALLY opted out of these injections (we signed the waivers as required by law), following ALL Calif laws-we also home schooled all our kids to protect them against forced injections .The Principal-of our legally registered home school- said we are in “FULL compliance with Calif State Law.” -Detective Newman-and The ESW Delmay Mendoza, flat out told me/us that our religious beliefs were "--stupid--" and asked repeatedly if our school was "--even real--"?


They both indicated, seeming to parrot one another, that I was a "--bad dad--" for "--not immunizing them--" Showing her our school documents and our signed waivers did not help our position in the least in their eyes. Perhaps it made it worse-they acted like we were defying their will.


Still she did like our documents well enough to keep them along with medical records, school books and my legally prescribed medications, etc. Perhaps she was running short? Maybe she just enjoyed the Velveteen Rabbit or the Little Engine That Could? Good books, my kids like them. At least shes now well read.


We, their Mother and myself, advised them -both Det Newman & Delmay Mendoza the ESS worker)-that we were aware of Calif Health & Safety Codes 120325 (2006) Legislative Intent; "In enacting Chapter 1--it is the intent of the Legislature to provide-Exemptions from immunizations for medical reasons or because of personal beliefs."

Somehow this seemed upsetting to them-their aggression increased.

We asked "The Emergency Social Worker" to clarify her reason (s) for imprisoning our children-almost 72 hours later. She reiterated her "due to no milk in the fridge" reason and added strongly that "--that's enough-" We informed her AGAIN that we believed this was a violation of California Penal Code § 11 I 67(e). As she provided no reason when she arrived nor one when she left--she ONLY provided one once we went down to the Social services office. She seemed irritated and dismissive when we sighted the Penal code. She turned red when we additional informed her that THIS did NOT meet the standard of 'imminent danger ' under California Law-- from there she stated angrily that she could "--not talk to us and write at the same time." and dismissed herself.

It was the 1st statement she made that I believed-if only she had admitted to liking the 'Velveteen Rabbit'- perhaps things could have been different. “The Little Engine That Could” wasn't bad either perhaps she preferred “Thomas The Train”. Walmart did have it on sale-my mistake.

Sighting the laws only seemed to further incite them and did NOT end their questions regarding our medical nor our religious decisions. Detective Newman was already dismayed that I/we had challenge his claim of having "--a warrant--" (the social worker was NOT there yet) and the detective called 4 police cars for back up after my request to see his warrant--I am disabled and spend 60% of my time in a wheelchair-obviously a huge threat to the general public and perhaps police men at large-needing 4 other policemen appears to be about right.

Though I'm certain they still felt out numbered and I understand why.

Still, it mattered not that we complied with all laws and were NOT neglectful but judicious in our research in reaching all of our decisions. It didn't matter that these were our sincerely held religious beliefs or we did everything we could to act in the best interest of our beautiful, beautiful children-they pressed on.

The Law was one thing violating THEIR beliefs is a whole other story—or perhaps that horse of another color your hear so much about.


The PS is they revealed their REAL motives for abducting our children by putting them into a school of THEIR choice and are FORCE INJECTING THEM-the rest is a simple smoke screen to cover their crime.


Yes crime, either there is a Constitution or there is not. Either there is religious freedom or there is not. They either acted within the law—or they are criminals acting under the color of law. A civil rights violation.


You decide which.


They indicated to us if their Mom and me would divorce each other-to destroy our family-they would "consider" giving the kids back to her.


The father gone?--For what purpose? I was the one who named our kids to give them meaning

Aeylias-base on the prophets Eli & Elijah--and Amalay--meaning the enlightened one and the way of truth and beauty as well as GOD--to take their father away? WHY?


Yes destroy our family-we LOVE each other and are happy with one another--divorce each other why? There is NO justification for this. Simply a whim they wish to impose upon us.


And now they INJECT our kids against our will AND against their will-again why?


They are not only poisoning their bodies and going against our families religious freedoms but also planting ideas in their heads that we "don't want them back." and "don't love us (them)". BEYOND Heartbreaking. Personally we believe, AFTER several conversations with our children, that their education has taken several BIG steps backwards--and both my son & daughter have unexplained injuries of a reasonably large variety. ALL DOCUMENTED. Need pictures-we got pictures—ahh Got Milk? Well not so much-- just ask Delmay, apparently she is the REAL dairy queen.


How are they better off with strangers than with us or their Aunt and God Mother that has known them since the womb?


They also have been CONSISTENTLY sick since they left our care and their health, mental, physical & emotional are clearly in decline.

It is so HARD to BELIEVE WE WILL GET OUR KIDS BACK-they believe they can "raise them better".


The coming of George Orwell. 27 years late.


If they pursued an honest, but perhaps an incorrect point of view, we could see it (though of course disagree) but what would be the need to make allegations and create events that are wholly untrue and worse non-existent? I.e. alleging we "--had a fridge full of moldy food." or (a few weeks later) "--father is dependent on & an abuser of prescription medication." I have no criminal record and no history of being a drug abuser nor suffering from a drug addiction. I OFFERED three times to take a drug test THEY declined ALL 3 times. Even the ESW documented in her report "--that father is a law abiding citizen--"


Further, I do not, nor have I ever, owned a moldy food collection-sometimes I eat cheese or yogurt but that's as far as it goes-honest.


Some have dubbed this as the "The California Milk Case"

Yet I did not know there was a California Milk law—They attacked you for meat they are attacking me for milk-at least they both begin with “M” right?

We asked the ESW how this met the standard of " imminent danger"? Neither she, nor her supervisor, nor the mediator was able to answer such a simple & direct question. Though they had plenty of questions about why we "hated" school--or were "against vaccines" and what was EVERY detail of our "---religious beliefs." They spent VERY little time on my "--drug addiction--" and my "--moldy food--" hobby and my INTENSE disdain for milk. And perhaps for good reason. They have now moved on to the game I play with my daughter and my son of 'seeing' shapes in the clouds--can you guess where they are now going with this?


Madness-not mine-theirs. Aren't they embarrassed? I am insane and talk to invisible God creatures in the sky. Right. Perhaps IF I drank more milk I might have been cured.


Everyday they change their story-add new allegations and manufacture claims. Of course they realized long ago their "no milk--" claim would sour and they DESPERATELY needed something else to take its place.


Perhaps cottage cheese? Swiss? Gouda? Gouda sounds good-kind of exotic.


Don't they know our kids have minds and hearts and souls of their own? Amalay (F7) & Aeylais (M8) years old, love babies and animals. --They clearly have no wish to hurt them-- even they are vegetarians--which is wholly in line with THEIR religious beliefs. They even refuse to buy products that promote animal testing and even HIDE such products while in a store as they believe this will "--help to protect--" a scared life.


The truth did not matter to Detective Newman nor Demay Mendoza-our beliefs were "--stupid--" and our school was "--not real--" Perhaps they need a psychological evaluation and not me?


Yet we know the REALITY of all of this; they removed our children - due to religious reasons-BUT they couldn't say it now could they? That would be illegal.


JUST as if they were racist-they could not afford to say we did what we did because we do not like _______ people now could they?


BTW My daughter is lactose intolerant so having milk would be counter intuitive to any thinking person.


I wonder if they California Milk Law has a lactose intolerance exclusion?


I'll ask Delamy next time I see her.


I mean they never considered simple facts like we called the Police and CPS once in 2006 due to her family allowing sexual abuse to occur in a child care center they were running. They allowed a grown man, that was NOT employed their to hang out with 3, 4 and 5 year old kids? Yeah why would you allow that? Of course he fled and nothing was done. Even thought they Failed to protect their family remained intact-guess they were immunized and enrolled into the right schools.


Our children were AGAIN abused by separate family members and we packed up and left-that's what you do you protect your kids right? And instead the Police and CPS attack us? Wow what a wonderful message-be careful if you call CPS it might just flip on you. It seems that CPS is EVRY bit as DANGEROUS as a predator. Losing your kids forever—think about it—THAT”S Power.


I personally will NEVER call CPS again.


Naturally Demlay Mendoza & Detective Newman thought it would be best for the children if THEY were RETURNED TO THE HOUSE THE WERE abused at!!! I mean this is brilliance in action.


Bring them back where they were sexually assault and had his arm broke.


Makes sense doesn't it?


Perhaps genius. Perhaps that is the best summation I could give.


I miss the “Velveteen Rabbit” and “The Little Engine That Could.”


1984? Not so much.


Sebastian Casalta & Mirsha Lopez
reply to disabledfighter
Treasure1970  

About Treasure1970

reply to Treasure1970
lovelaw  

Requests for Funding for Law School

I'm looking for funding for law school.  My goal is to become a Pro Bono Attorney to help victims of predatory lenders and other legal areas.  I was attending law school with my own funds and had to drop out after a wrongful foreclosure by Chase during the Wamu Chase Merge.  I'm still in the home and in the courts.  I'm hispanic and a single mother of 5 .

 

reply to lovelaw
pjvallarta  

About pjvallarta

My daughter is a student a honor student in junior college.  Her father and I are divorcing after 25 years.  She loves school and is considering majoring in Environmental Law.  How can she get free tuition with Harvard.  She would be an asset to any school.

 

reply to pjvallarta
trish48  

standing up for disabled people

what is the deal with society now?  i read about an 18 year old mentally challanged boy who was sentenced to 100 years in jail for sexual conduct.  what is wrong  with this picture?  just because he is disabled, he should not get away with the charge.  but i do believe that it is wrong for him to be sentenced 100 years, when our society helped make him that away.  kids go to school and bully these disabled kids and the schools do nothing, the parents do nothing, so don't you think that we are to blame.  these kids go to school to get an education just like any other kids, just cause there is something wrong with them, doesn't mean that they should be looked down on.  and sentencing a 18 year old boy that has the mind of a 6 or 7 year old to 100 years in jail is wrong.  especially when the rest of society might only get 5 to 10 years.  i know people that have sexually assaulted kids, (even there own kids) and only got 90 days in jail and 10 years probation.  my father raped me for several years and all he got was 4 hours of counseling, i got put in a foster home and sent back to his house when i graduated high school.  so  does anyone out there feel the way i do?  i have a 19 year old disabled son, that i have raised on my own.  i have watched kids bully him all through school and get away with it.  but yet he has gotten in trouble for bullying a kid.  i have even heard teachers and principals bully these kids and treat them as if they have a contigous disease.  like they are nothing.  society needs to stand up for these kids and find other places for them than in our prison system where they will be bullied again or killed.   SO LET'S START STANDING UP FOR THEM AND MAKING OUR VOICES HEARD!!!!!!

reply to trish48
trish48  

standing up for disabled people

what is the deal with society now?  i read about an 18 year old mentally challanged boy who was sentenced to 100 years in jail for sexual conduct.  what is wrong  with this picture?  just because he is disabled, he should not get away with the charge.  but i do believe that it is wrong for him to be sentenced 100 years, when our society helped make him that away.  kids go to school and bully these disabled kids and the schools do nothing, the parents do nothing, so don't you think that we are to blame.  these kids go to school to get an education just like any other kids, just cause there is something wrong with them, doesn't mean that they should be looked down on.  and sentencing a 18 year old boy that has the mind of a 6 or 7 year old to 100 years in jail is wrong.  especially when the rest of society might only get 5 to 10 years.  i know people that have sexually assaulted kids, (even there own kids) and only got 90 days in jail and 10 years probation.  my father raped me for several years and all he got was 4 hours of counseling, i got put in a foster home and sent back to his house when i graduated high school.  so  does anyone out there feel the way i do?  i have a 19 year old disabled son, that i have raised on my own.  i have watched kids bully him all through school and get away with it.  but yet he has gotten in trouble for bullying a kid.  i have even heard teachers and principals bully these kids and treat them as if they have a contigous disease.  like they are nothing.  society needs to stand up for these kids and find other places for them than in our prison system where they will be bullied again or killed.   SO LET'S START STANDING UP FOR THEM AND MAKING OUR VOICES HEARD!!!!!!

reply to trish48
peacedancer  

Need legal advice/advocate

November 2008 I bought a car. I needed it to work and didn't have really any extra money. I found a 1991 Ford Explorer on Craigslist. The owner was really nice, and sold it to me for only $300 on payments. I thought she was a saint. Now, I'm wondering if she maybe just saw me coming, and sold it so cheaply because it was actually unsellable. I really hope I'm wrong about her, I liked her.
I finally got it paid off about a month ago. I've been using tags from another car. I had insurance but couldn't get the title to get new tags b/c I was making payments. The tags I was using expired, but I was able to get temp tags that are good for 30 days.
The problem: Now that it is paid off, the previous owner refuses to send the title. I found the dealer she bought it from (she wouldn't tell me who they were, I had to research). I contacted the dealer and they said they have the title, but she never signed the back and they won't send it to her until she does. I've asked her if she will do that, then send it to me, but she just tells me she's tried, but when she goes to the car lot, noone is there to help her. She doesn't seem willing to do anything about the situation at all. She doesn't answer my phone calls or emails.
I need this car for work. When the tag expires, I can't drive it. Also, things are starting to break down and I will need to sell it soon so I can get another car, but without a title, what can I do?
What legal recourse do I have, so I can obtain the title? Thanks in advance for any help.

reply to peacedancer
Arizona Sunday  

About Arizona Sunday

Hello Everyone! 

First of all, my profile picture is of me and my oldest 2 boys who have grown up, moved out and live in other states so when you read my story, the children who have been affected by the unjust ruling are my youngest 3 kids. 

Wow, what a ride it's been!  I'm a single mother of 5 who logically thought leaving an abusive husband to find refuge through the legal system would protect me and my children from certain destruction.  However, all the threats of being stabbed and threatened by my ex was childsplay compared to the the abuse I received when I entered the world of "justice."  I guess by being an executive at a well known financial institution provides abusive husbands with a certain amount of ammunity.  

I was a "stay at home" mom for 17 years (and a great one at that) who also permanently, patiently and lovingly cared for my ex's son who had/has Tourette's Syndrome making the number of children I raised at 6 if I've correctly done my math.  This poor child, no fault of his own, had alot of problems associated with his syndrome that made it impossible for him to be left alone with the other kids. 

My reasoning mind just assumed that raising 6 children and having no college education would at least grant me some sort of spousal maintenance or alimony.  Well, ok, that may have been asking too much.  After all, it was my duty as a wife when we were first married to work and support him so he could get his college education.  Being the "man of the house" and earning a math degree was not easy! It required a sacrificial wife willing to cook, clean and cater after putting in 8 hours at work. It was important that he did nothing else to help.  He had a brilliant mind that needed to be nourished and rested so that he could one day make the comfortable income to support our family.  We were a team! 

I'm sure the judge must have seen something special about me and felt I could perform miracles without an education.  I'm sure he was denying me alimony for my own good and the good of my children!  I'm touched and honored and I laugh to myself at his wisdom and my own inferiority.  This bright judge knew that a challenge would strengthen my character.  That 'ole' judge.  That's why they're judges!!!

The judge that just retired and turned my case over to this new judge felt confident enough to give me sole custody of the children due to the protection order and multiple police reports that were presented.  Especially, that really wild video the police had confiscated showing him jumping over a counter and attacking someone at a store.  It could have also been the knife pictures or the shirt he would always wear around the house that read "shut up stupid bitxx" If I had only known that the new judge was a "Hells Angels" fan.  He did remind me in court (which is clearly on my court cd) that I need to have respect for the Hells Angels.  The judge reminded me that the motorcycle run that my ex took my kids to (while I had sole custody, having no idea where my kids were for days) was a wholesome family event.  He said I should be repremanded for not allowing them to ride with the Hells Angels.  What kind of mother am I that would call the police when her children never returned for days looking for them!  What kind of mother would send the police to try and find them!  Sole custody doesn't really mean you have sole custody.  He's a bank executive by day.  He can't possibly be a threat with a title like that!  He is ammuned to the law and you must be punished for even trying to be concerned about your children in his care.  You're just a disgruntled housewife.  Maam, your children must be taught that they have no protection when it comes to the justice system.  I guess their Father was right when he said  that he could get away with anything he wanted to and nobody could stop him.  He said he was always just that much smarter than the next guy.  There aren't alot of kids that have that kind of a role model in their lives.  My son said, "Well Mom, I guess it was ok what Dad did when he took us."  That's a fine lesson the judge taught my son.

I guess the judge really wanted to make sure that I knew who was boss around them thar parts of that town.  He generously awarded me $140.00 every 2 weeks for child support with zero alimony.  He said I had to pay all of my own bills and half of my ex husbands bills, no retirement, no life insurance, no medical or dental.  He said I could not file for bankruptcy and I had to sell my car and he appointed someone to sell the house and that the equity, if any was left, be awarded to the attorneys.

Summary:  No alimony, no house, no car, no education, no job, no savings, $280 month child support plus pay ALL the bills.

My ex still makes his high 6 figure income, he had bought a second house even before the divorce was final, he was just on the local news last week talking about raising money to protect families against child abuse. Did I mention the times he left the kids alone while he would fly away on trips for days at a time and threaten them not to tell me or stay with me even though I only lived 2 miles away, beating them with hangers and I would have to jump in the middle to stop him.  I could go on and on but because he is an executive, he looks good on paper and speaks very eloquently.  He was allowed to keep both his truck and motorcycle, etc.

As for myself, I'm calm, cool and collected, I don't even have a speeding ticket, I find each moment a teaching moment for my kids through all this drama. I never speak badly of their Father (even though I think badly of their father and the justice system). 

For 3 years I have been trying to fix this absolutely unjust circumstance.  My attorney at the time just said that this judge does not like me and he wouldn't even bring anything up further with this judge and that he is the only one in my area for family court.  I've consulted with 5 other attorneys regarding how I can resolve this and they all say, "You really got screwed but we're not touching it. It will cost too much money and you don't have any, sorry."  One attorney who was an ex judge told me, "Unfortunately, if you have no money, you have no rights. That's just the way it is.  It's not good or fair but it just is.  I personally know judges who smoke pot and they will remain on the bench.  Just give it up and quit trying to fight it."  There's favoritism in the system and the attorneys vote the judges in initially and earn brownie points.  

I refuse to quit fighting.  Right now it's the principle.  I can't even get child support modified, I've lost everything I own but I will not quit until my voice is heard.  Material possessions are nothing to me.  I want others to benefit from my pain.  There are so many things I want to do when this nightmare is over.  My life has been changed forever by this experience and I absolutely will be an advocate for the rights of others.  

When this started I was living in a 6,000 sq ft home on 10 acres.  Today I am living in a home that has been sitting vacant for 3 years.  I've been evicted twice in the past 3 years but instead of going to a homeless shelter this last time, I have somehow, by God's good grace, found this house.  A payment has not been made on this house in three years.  I'm not sure why the banks haven't taken it back yet.  Maybe the paperwork has been lost.  To me, it's a blessing with a roof. 

Three years ago my credit score was higher than my ex's and today I have judgments, liens, repo's, totaling over 50K with an order from the judge denying me the right to file bankruptcy.   The last few jobs I've applied for pulled credit bureaus then denied me the position.  Now I have garnishments that even if I did get a $10 an hour job, they would take a percentage of my earnings.  Not much left to support a family. 

 In Arizona, there is no money left in the welfare system.  The most you are awarded per month financially is $210 which has recently decreased from $310 due to budget cuts.  We had to make sure the CEO's got their bailouts.  Since I get $280 per month in child support, I don't qualify.  We have gone without hot water, electricity, phone and food. My phone has been shut off which makes it difficult to keep looking for work. 

I was a world class trampolinist at one point in my life and applied as a coach recently hoping that I could be independent so my money wouldn't be garnished but  then realized they would have no way to contact me without a phone. My children have been sick and I've had no way to get them to a doctor without a car.  All this while their rich Father preaches, "Protect the Children!" He just bought them guns as a hobby so they can learn to protect themselves.

I'm looking for an attorney who's willing to represent me pro bono and has a true desire to change lives for the better.  I want an attorney who is not afraid to go public and expose the truth.  My story is so much bigger than what I have even written here.  This went on for 1 1/2 years and one attorney even dropped the case and never sent a bill because it was so messed up.  The judge forgot to sign documents and it had to be reopened, he ordered things that didn't even exist so I've always been curious how something could be enforced that never existed. My ex's attorney offered my attorney money to drop the case, etc.  I have saved every email, paper, conversation, fraudulent document, etc.  My attorney stating he was trying to contact an attorney at a business before he could adjust my child support.  For 6 months he kept saying that he couldn't get hold of this person. Later I found out that there had never been any attempts by my attorney to contact this business attorney so my child support was never rectified and hence the reason it is still so low after 3 long years.  Then he just vanished, leaving me in this predicament. I want restitution for all the mistakes that have left me and my family in this position.  We have been left with not even the basic survival needs.

There are also 4 documents that have been undeniably forged regarding an employer.  Another attorney I consulted with said there is definitely a criminal suit that can be filed and these documents play another large role in this case and there would be a settlement that could possibly pay for attorney fees to that attorney who is willing to fight for our rights.  

Currently, I'm putting together my entire case in a constructive format and mailing tangible copies to every high profile attorney and judge nation wide.  I refuse to stop until someone hears our cries.  My case is also going to the Attorney General, state officials and media.  

There is no reason my children should be suffering senselessly because of the corruption in the system.  My children are in the gifted programs in school and now I see no future for them.  My daughter had to quit taking her violin lessons and singing lessons after 4 years.  Her teacher even allowed her to begin at an early age because she had potential.  When her music teacher downsized her students, she kept my daughter because of her talent and now all that has been taken from her.  Since I was the responsible parent in the marriage, it was me that encouraged excurricular activities.  Every child played a musical instrument, one child earned his black belt in Tae Kwon Do, etc.  All that is over for them.  I want restitution for the sake of my children!

I found out that my ex even filled out paperwork for free school lunches since I'm the primary custodial parent and I'm low income. He is taking advantage of this freeby so he doesn't have to pay!   It's quite pathetic, honestly.

I'm putting it out there once again in hopes that this will be the time that someone hears us!

We just want to live, nothing more.  I hope that's not too much to ask.

 

reply to Arizona Sunday
stacy5401  

I too have a dream!And You????

reply to stacy5401
TinaLynnLove  

The Hive Hiring for General Counsel

0000 Location: Anywhere

The Hive is a virtual organization. We log in from our homes, a nearby office, one of our global office locations, or wherever we have an internet connection.

0001 Who we are

The Hive is an organization of developers and engineers who are excited about the ever-changing world of software and technology. Our passion is building the next generation of consumer and business applications. We don't utilize the "factory" approach to software development, believing that coding is a creative process akin to an artistic endeavor. We also believe strongly in the benefits and sustainability of open source software and the philosophy behind it.

0010 Open salary

Our desire is to find and reward the best talent in the industry. As such, we do not set specific salary ranges for any position within our organization. Instead, we base salaries on the accomplishments of candidates as well as their salary history.

0011 The opportunity

The Hive is seeking an experienced and dedicated individual to serve as General Counsel. This person will provide legal advice to the executive team and will address all legal matters involving The Hive and related companies. This position requires the willingness to be a part of a team, flexibility, strong communications skills, and a sense of humor.

0100 Joining us

  • Juris Doctor from an accredited law school
  • Three to five years of corporate counsel experience, preferably in the internet and technology industries.
  • Ability to prioritize and manage numerous projects quickly, accurately and efficiently in a fast-paced environment while meeting deadlines.
  • Strong oral and written communication skills, with the ability to interact effectively with individuals at all levels of the company.
Website
reply to TinaLynnLove
TinaLynnLove  

Got a Law Background? Work as a Legal Researcher for ILRG

We have an immediate need for law students and recent law school graduates to work remotely on new product and content development.  Part-time and full-time positions available.

The Opportunity:  Maximilian Ventures LLC, which owns and operates ILRG, is seeking to hire law students and recent law school graduates in the U.S. and Canada to work part-time or full-time on new product and content development. We offer a virtual work environment that enables you to work remotely from anywhere. Hours are flexible, and compensation is competitive. You must have strong online legal research and computer skills. Simply complete our application below and make sure to submit your resume in Microsoft Word format.

About the Internet Legal Research Group:  Now in our 10th year of continuous operation, ILRG is a legal portal that has successfully stood the test of time. We are one of the most highly visited legal web sites in the world by both consumers and legal professionals.  We are in the top one percent of all web sites in the world in terms of number of unique visitors, and we continue to grow every month!

 

Website 

 

reply to TinaLynnLove
Ross1  

About Ross1

Ug!

reply to Ross1
Laura14  

Legal and Law Info on Aidpage FREE

I was sent a Warning from this guy on Aidpage about legalities of "Pizza for my Peeps" I wanted to share his blog, loads of free legal info. It's Here http://app-brighan-1.aidpage.com/

reply to Laura14
Laura14  

Pizza on Hold

Due to a message from another Aidpage member, "Pizza for my Peeps" is on hold. I think my idea is on hold as well. I am considering, attempting, a real charity. Possibly finding a Pizza corporation to allow people to add a dollar to their bill, or something along that line. I'm really interested in this, but I would have to be very Organized. I just downloaded the IRS application. I would be the President, and I would need at least a Vice President, and a trustworthy accountant. For the IRS to be happy that I am organized. And possibly more... still researching. Volunteers Post here

reply to Laura14
Elaine of TSA  

Governing Regulations / Statutes for CT

http://www.cga.ct.gov/2007/pub/titles.htm
reply to Elaine of TSA
Brighan  

Theoretical Responses and Cost Analysis for Monitoring Sex Offenders in St. Paul.

      The recommendations contained in this report are in response to concerns about sex offenders moving into the Payne-Phalen neighborhood, and the recent Eastside rapes at the hands of multiple sex offenders.
       I like to warn the readers who live in the Payne-Phalen neighborhoods there are no legal monitoring models in use that will provide 100 percent protection from predatory sex offenders. Besides, people must think about their morals and ethics for balancing the civil rights of convicted sex offenders between the greater good of public safety and its costs.
      Many legal analysts give their support and opinions that low-level sex offenders might clog the sex offender monitoring programs, in which case the current science of sexual offender risk assessment is faulty. Abner (2006) is a Justice Public Safety Analyst who writes “Waging War on Sexual Crimes” in the April 2006 issue of State News about the new police supervision role for monitoring and interacting with high-risk sex offenders (p. 13). Currently, Ramsey County uses the “Weed and Seed” program, which can screen high-risk sex offenders from moving into the Payne-Phalen neighborhoods.
       The U.S. Department of Justice's developed the Weed and Seed program to demonstrate an innovative and comprehensive approach to law enforcement and community revitalization, and to prevent and control violent crime, drug abuse, and gang activity in target areas. The program, initiated in 1991, attempts to weed out violent crime, gang activity, and drug use and trafficking in target areas, and then seed the target area by restoring the neighborhood through social and economic revitalization. Weed and Seed has three objectives: (1) develop a comprehensive, multi-agency strategy to control and prevent violent crime, drug trafficking, and drug-related crime in target neighborhoods; (2) coordinate and integrate existing and new initiatives to concentrate resources and maximize their impact on reducing and preventing violent crime, drug trafficking, and gang activity; and (3) mobilize community residents in the target areas to assist law enforcement in identifying and removing violent offenders and drug traffickers from the community and to assist other human service agencies in identifying and responding to service needs of the target area.
       “Weed and Seed” can help in the sex offender’s rehabilitation from their offense until they are unlikely to reoffend. In which case, Ramsey County and the St. Paul Police can work together for using Abner’s idea with Scotland’s supervision model by working with trained police inside appointed sex offender units enforcing sexual offense prevention orders, and supervising sex offenders (Scottish, 2005).
      Scottish (2005) posts their police model, which has a successful working partnership with community social service agencies (p. 1). Each offender has caseworkers, probation officers, and law enforcement assigned to him or her for the long-term goal that helps them assimilate back into society. In addition, Abner (2006) recognized that “in execution of such duties the police may, on occasion, act in an encouraging advisory capacity…” (p. 19). The police must help sex offenders regain public trust and self-control. Until then, court orders are the first line of defense.
       Court orders restrict offenders, for example, not to frequent public parks, playgrounds, child-care, or certain public events where vulnerable people may be present. The St. Paul Police must enforce any court order violations made by high-risk sex offenders. Barring a mistake, sex offenders should have three warnings before using GPS or civil commitment.
       Ramsey County can copy the Scottish Concordat agreement, which proposes that Eastern District police and others involved in monitoring teams should undertake nationally provided training on overseeing sex offenders and risk assessment. Law enforcement can learn to reassess the priority allowed to work with sex offenders, and evaluate contributing sex offending intelligence to wider crime prevention and detection databases (Scottish, 2005).
       However, there are problems with supervising sex offenders and enforcing laws in the Payne-Phalen area that I will discuss.
        First, the lack of community budget to pay overtime costs for St. Paul patrol officers to “baby-sit” sex offenders. To offset these costs, the City can apply for money at the Department of Justice Sex Offender Management Grant Program (CSOM, 2007). In addition, the sexual predator can help pay for his or her monitoring program through community service or by some other incentive programs.
       Second, many offenders leave their “zones” without registering or updating their information. This is where frequent monitoring by the Eastern District needs to verify if the offender is compliant. Finally, most offenders are using the Internet at home, which limits public scrutiny for monitoring the offender’s computer activities.
       With having said that, the Payne-Phalen neighborhoods want sex offenders to have proper supervision that identifies any changes of the offender, which could increase the risk of harm to others.
       The Eastern District police can help their sex offenders develop techniques for self-risk management through supervision and guidance with the help of frequent home visits by police units, social workers, and probation officers.
        On each compulsory interview, 1) the sex offender must receive a copy of the registration requirements; 2) asked to verify if his or her information is still valid and record any changes; and 3) have the right to choose a Sex Offenders Co-coordinator to link with and be a link for other police colleagues and proper agencies (Scottish, 2005).
        Following the Scottish lead, new requirements in the sex offender’s release agreement must allow the Eastern District police officers to use laptop computers with tracking software. The new computer software allows the police officer to preview any material stored on the offender’s personal computer during the home interview, which each program costs $35 and charged to the high-risk offender (E-School, 2002). Computer software tracking gives St. Paul police new investigative abilities for watching high-risk sex offenders. Electronic monitoring can also include satellite monitoring by GPS or RFID.
       Global Positioning System (GPS) is a small unit, which police officers can use satellite tracking. GPS mapping of the community can aid officers track high-risk sex predators. The high-risk offender can help pay for the GPS service used with the home monitoring program.
       Each GPS bracelet costs about $2,000 and the cost for daily monitoring via GPS costs about $8; in addition, agents who monitor sex offenders need to have acceptable training and salary (Nelson, 2007). The GPS supervision program exists in Wisconsin, in which case it already cost $1 billion+ to Wisconsin taxpayers with looming budget cuts (Marley, 2007).
        However, bulky ankle bracelets cause the offender a public stigma and the bracelets are susceptible to tampering and removal, which thirty-three States have not yet voted if microchipping may be an alternative. I will mention the RFID to show people how far people are willing to go to give up their civil rights or infringe on others.
        RFID— I showed a PowerPoint presentation about RFID in my Critical Issues of Law Enforcement class. I told the class the RFID is a small passive or active microchip the size of a grain of rice implanted under the skin of the sex offender for tracking and identification.
        The group project highlighted the microchip has health and civil rights issues, in which case seventeen States banned microchipping humans following the passage of 2005 Wisconsin Legislative Law 482. The ACLU and many legal analysts argue that microchipping and using GPS on humans violate the 4th , 5th, 8th, 9th, and 14th Amendments of the US Constitution. Minnesota legislation currently does not ban the use of GPS or RFID, which tracking indigent sex offenders with 80-cent microchips are cheaper than GPS bracelets.
       However, problems will occur if a sex offender moves out of Minnesota into the other seventeen States that banned microchipping of humans. Many States adopted Wisconsin law 482, which punishes the entity who injected the microchip with fines of $10,000 for each day the microchip remains inside the resident.
       Therefore, I believe the cost of remote monitoring should not trade public safety for definitive police work that supports the civil rights of the sex offender and the community. Electronic monitoring is expensive and brands the offender with public humiliation until the next argument presents itself that new technology makes the GPS bracelet discreet. Public opinions to use electronic devices for monitoring sex offenders who “might commit a crime” infringes their Eighth Amendment guarantee from “Cruel and Unusual Punishment.”      
       Sex offenders can challenge their Constitutional rights or public laws all the way to the US Supreme Court at costs to taxpayers. I believe it is cheaper for the Eastern District to monitor offenders with consistent judicial and citizen supervision with verbal and written warnings, and then civil commitment to psychiatric hospitals or prison if there is noncompliance.
       Scottish (2005) writes, “police officers must have supervising powers similar to social workers and probation officers, which directs a sex offender to end specific activities or undertake others, such as health clubs, public activities involving vulnerable people… If the offender rejects such a warning and after a suitable time has elapsed (at the discretion and recorded by the police officer) then the police can issue the offender a final warning.”      
      The commanding supervisor must give his or her approval before disclosing the sex offender’s personal information. The Commander must find out if citizens have any prior knowledge of the sex offender before disclosing any information;
       Second, people must know about confidentiality laws and the use of such information for public protection and specific purposes only (Scottish, 2005). If the warnings do not stop the offender’s high-risk behavior, then by law, it is possible to commit the unresponsive offender indefinitely to a psychiatric hospital.
      The US Supreme Court ruling in Kansas v. Crane 534 U.S. 407 (2002) said, “States retain considerable leeway in defining the mental abnormalities and personality disorders that make an individual eligible for commitment; and psychiatry, which informs but does not control ultimate legal determinations.” Crane cited Kansas v. Hendricks 117 S.Ct. 2072 (1997) that it had set “forth no requirement of total or complete lack of control, but the Constitution does not permit commitment of the type of dangerous sexual offender considered in Hendricks without any lack-of-control determination.” The Court stated that Hendricks referred to the [Sexual Predator] Act as requiring an abnormality or disorder that makes it “difficult, if not impossible, for the [dangerous] person to control his dangerous behavior.” Id., at 358 (emphasis added). The Court defined the word “difficult” suggests the lack of control was not absolute. The Court admitted-- “an absolutist approach is unworkable and would risk barring the civil commitment of highly dangerous persons suffering severe mental abnormalities.”
       In Hendricks, this Court said, “It is enough to say that there must be proof of serious difficulty in controlling behavior.”
       The Center for Sex Offender Management at www.csom.org said sex offenders have recidivism rates of 52 percent in twenty-five years, in which case society must think about balancing the civil rights of convicted sex offenders between the greater good of public safety and its monitoring costs.      
        Sex offenders may face a stigma of public scrutiny because of changing legislation, routine judicial supervision, and the fear of civil commitment, especially for the low-risk sex offenders. Besides, new legislation somehow entraps people and ruins their lives until there is a Supreme Court decision. With having said that, educating people about sex offenders is the key for mutual civil existence.
        The biggest benefit is that ideas are coming directly from fully invested community members helping the sworn monitoring staff to understand the community’s perspective on what they want and need to know. Both the community and the police department benefit from an increased awareness of an offender’s assigned risk level and helping each other with keeping accurate registration information. Find a core community group that is reflective of the city’s demographics and encourage them to meet with police departments to learn about sex offender management. Citizen volunteers are a visual extension of the law enforcement presence in the neighborhoods; neighbors know that they can approach the sex offender monitoring team with questions and ask for information.
     Costs are small to the judiciary. A large network of community and federal organizations can absorb most of the costs, such as grants from Foundations, our Department of Justice, and the offender or other people. High-risk sex offenders can rehabilitate themselves when they contribute community service or personal finances to help pay for the continuing help provided in the sex offender monitoring program. The message to sex offenders is that police departments are enforcing public monitoring.
      In conclusion, the public can help a sex offender change for becoming a productive member of society, in which Scotland, so far, has a high success rate of assimilating sex offenders back into society. Sex offenders supervised by the police, probation offices, and concerned citizens will work.
       However, some people say that electronic monitoring by GPS must be the final solution for noncompliant sex offenders. Legal analysts argue that 24-hour electronic monitoring is unconstitutional. Many conservative people believe if the offender recidivates or has three warnings under the judicial supervision model, then off to court to judge whether he or she will spend an indefinite time at a State Hospital or prison.
       Until legislation changes, I believe that before anyone thinks about depriving the sex offender’s civil rights, people should not forget about the wide berth of Minnesota laws that can trap consenting--but unmarried adults--with arrests for illegal sex. Someday, you too might be a convicted sex offender.

                                                        References

Abner, Carrie. (April. 2006). Waging War on Sexual Crimes: States Target Sex  
             Offenders through Policy and Practice. [Electronic Version] State News.
             Retrieved from www.csg.org on February 25, 2007.

CSOM (Center for Sex Offender Management). (Feb. 2007). FY 2006 Comprehensive 
             Approaches to Sex Offender Management Grant Program Awards Announced.
             Retrieved from http://www.csom.org/whatsnew/new.html on February 26, 2007.

E-School News Staff. (Feb. 1, 2002). Probation officers use software to monitor sex   
             offenders. Retrieved from
              http://www.eschoolnews.com/news/showstory.cfm?ArticleID=3489 on February  
              25, 2007.

Harrington, St. Paul Police Chief John M. (Spring. 2007). LAWE 301, Community
              Policing Lecture notes Jan. 22, 2007. Metropolitan State University, St. Paul,
              MN.
Marley, Patrick. (Feb. 15, 2007). Doyle seeks less sex offender monitoring: Budget                                          
               retreats from parts of plan he OK'd last year. [Electronic version] Journal 
              Sentinel. Retrieved from             http://www.jsonline.com/story/index.aspx?id=566483 on February 25, 2007.


Nelson, Joe. (2007). "City Sees Early Success in GPS Program.” San Bernardino County
              Sun (CA) (02/26/07)


Scottish Executive Publications. (November 24, 2005). Information Sharing Steering   
               Group report - sharing information on sex offenders. ISBN # 0755948734.  
               Retrieved from
               http://www.scotland.gov.uk/Publications/2005/10/27174205/42063 on 
               February 25, 2007.


 
 
 

 


 
 
 


 

reply to Brighan
Brighan  

The Fourth Amendment Rights and Terry Stops: The Disadvantages of Socio-economic Strained Neighborhoods

     It was a cold Sunday morning in St. Paul back in February of 2005 when I awoke to the pounding on my doors and windows from every side of the duplex. I went to look at my security monitor while my girlfriend answered the door. Deb came back panicking when she said it was the police. The police acted just as cold as the weather when I answered the front door wearing only a blanket and a pair of pants. They accused me of running back into the house, while the other officers kept pounding on my house. I replied that I was making sure it was the police before I opened the door. They asked who I was and what floor I lived.
     The police wanted to search for a man related to the upstairs tenants. According to Minnesota law, I knew the police were misrepresenting their purpose for gaining entry into the house. The rule of Hot-pursuit enables the police to use warrantless entry if they were chasing a suspect. I did not hear anyone entering the duplex before the police arrived. I called for the upstairs tenants to come out because they had “guests” at the front door. I kept calling for my tenants and ringing their doorbell to wake them up. The police commenced my Fourth Amendment rights when they waited for me to turn my back so I could close my apartment door.
     At that moment, the officers went upstairs and opened the unlocked door to my tenant’s apartment. I believe the police illegally entered the house looking for a suspect that was not there. The police can argue the hallway is a commons area shared by a member of the household and I implied consent to enter. I did not imply consent for the police to enter the house when I stood guarding the door half-naked and freezing for four or five minutes because the police refused to let me shut the door. The consequential legality is that any evidence recovered from the upstairs apartment should be inadmissible in the court of law.
      The intrusion angered me although the police arrested the tenants for committing a crime against their lease and state law. By law, the police spotted a large bag of marijuana on the coffee table and “held” the upstairs apartment while they got a search warrant. The police charged the upstairs tenants and confiscated their drugs, paraphernalia, and weapons.
      The upstairs tenants plead guilty because their public defender did not want to fight the charges based on the reports given by the police officers. Simply, it is limited economics and time whether the lawyer has to fight for people in low-income brackets. I took this experience to apply my knowledge and wisdom for interpreting the laws and the Fourth Amendment rights erosion, which I gave a copy to the tenants and posted at Aidpage.com.
      I tell the story because most people understand only partly their rights within a warrantless search and seizure. The U.S. CONST. Amend. IV, § 6 secures the rights against searches and seizures without a warrant, except on probable cause supported by Oath describing the search. The US Supreme Court expressed a preference for searching under judicial issued warrants. The holding in Katz v. United States, 389 U.S. 347, 357 (1967) states the Constitution requires the deliberate, neutral judgment of an officer interposing on the citizens’ searches conducted without earlier approval by a judge or magistrate, are unreasonable under the Fourth Amendment—subject to a few specifically settled and well-delineated exceptions. The Fourth Amendment does not protect the property of foreign nationals and nonresident aliens. 
      The theory I shall argue is that some police officers use the Constitutional Fourth Amendment—search and seizure--against people stopped at a traffic stop, or “Terry Stop” in economically strained neighborhoods. According to the St. Paul crime maps, judicial records, and independent profiling studies, the low-income neighborhoods in St. Paul have more arrests. In my observations, people in upper and middle-class neighborhoods do not face the police as often.
      I remember the Albert Lea Police often used search and seizures in Terry stops against the poor, which I found some of the St. Paul police practicing when I moved here. According to my class instructor in Critical Issues of Policing, Officer Kris Sturgis said, “about 80% of the time the police do not find any evidence of a crime in Terry stops.”  Now, as a paralegal I am hoping to educate people about the police procedures used in traffic stops.
      My life mission as a legal student is fighting for justice and civil liberties. I volunteer to help many neighborhood organizations, such as ACORN—Minnesota, Heart of the City, and the St. Paul Police Federation at 2fewcops.com, and the neighborhood watch. The knowledge and experience I bring into this paper might answer why the Fourth Amendment affects the socio-economic strained neighborhoods when the police use traffic stops to solve crimes.
       
       It is difficult to answer the question of why the police use Terry stops. Is it true the police stop people equally? Do the police perform search and seizures against Eastsiders more often than citizens of Highland Park or citizens of St. Anthony Park? What is the police department doing to inhibit the practice of socio-economic profiling? The reader must understand that people take risks when they face the police because they can violate the suspect’s rights. I will show readers what their Fourth Amendment rights are and how to apply it at a Terry stop.


Socio-economic strains.
       The police respond to service calls among the economic hierarchy with frequent Terry stops. The St. Paul police patrol all of St. Paul, but I chose three distinct neighborhoods that show the disparity of policing associated with graduated income levels-- Eastside, St. Anthony Park, and Highland Park.
      The police developed their Terry stop policy when the Supreme Court expanded on the circumstances of reasonable suspicion holds to where people live can color innocent conduct with suspicion. The chances for a Terry stop increases when you are traveling along the socio-economic strained neighborhoods and corridors, such as, University, Arcade, Payne, Minnehaha, and White Bear Avenues. The evidence of crimes and arrests in the 2005 St. Paul crime maps show the Eastside of St. Paul has six times more Schedule I crimes like Homicide, Armed Robbery, Aggravated Assaults, Drugs, Burglary, and Theft. In addition, the police stop people when they fit a suspect’s description near the area of a service call. The frequency of 911 calls in impoverished neighborhoods frustrate police officers trying to be proactive in crime prevention rather than being reactive.
     People feel threatened by crime and they report it more often in economically strained neighborhoods because of wealth and extreme poverty living next to each other. I learned from Professor Tom O’Connell in my social studies class about Social Reflective Anxiety, or “keeping up with the Joneses.” Social Reflective Anxiety creates friction among the socio-economic opportunities and life-chances in desperate neighborhoods. Barring basic needs, people want the same material possessions and lifestyle enjoyed by the more fortunate people. Notably, the police frequent areas of businesses, absentee-landlords, commercial rental properties, and illegal immigrants. Having said that, old “beaters” and foot traffic cruising around or cutting through wealthy neighborhoods becomes suspicious to the residents who stereotype the drivers and walkers.
    People driving vehicles with many equipment violations will also draw the police officer’s attention, that is, taillight out or a cracked windshield. Often, the police are apt to stop old cars for routine insurance and license checks. Sometimes the police stop an automobile that happens to stereotype the driver’s education and social status. Many poor families do not have the money to maintain their cars, have valid car insurance, or license tabs. The result is a plethora of hardships and lifestyles that exposes the poor to law enforcement more often than people from upper-income levels.
    People living in the upper-income neighborhoods do not share the same exposure as the poor for meeting the police. The upper income classes can afford new cars, insurance, and license tabs. In addition, the officer also knows the driver can afford to pay their traffic citation, or hire an attorney. Often, the dominant classes stay close to their homes, businesses, and friends, in which case the luxury car may not raise the officer’s suspicion if there was a crime committed.
    However, the Lexis driving around known high crime areas and drug houses at odd hours will provoke a Terry stop. Regardless of whatever transport you are using, each person must be aware of his or her rights if they should meet a police officer on the street.


Rights of a suspect.
     Briefly, when a police officer signals you to stop, do so in a well-lit and public area regardless if you have to drive two blocks or more. Do not panic or try to flee. Pull over, relax, take the keys out of the ignition, and keep your hands visible on the steering wheel until the officer becomes comfortable with you. Also, be aware that you do not have to talk with the officer in idle conversation but be polite and respectful. Be also aware that you understand the difference when an officer is giving you an order or when he or she is asking you questions.
      Police officers face each Terry stop with their self-preservation first in mind. He or she will watch if you behave irrationally, and appear reaching for a weapon or hiding evidence. Police officers use their trained senses to explore for crimes while they are talking to the driver. Any suspicious conduct inferred by the officer’s senses gives him or her probable cause for a search. The police must tell you what traffic violation or crime you committed.
      The police officer cannot touch the suspect now because this would mean “seizure” under the Fourth Amendment, unless the officer asks the driver to step out of the car because he or she suspects a crime in progress and continues in further interrogative questioning. The Fourth Amendment protects you when the police give you an order, but the Fourth Amendment does not protect you if the police ask you questions at the Terry stop. People must remember the police have authority to detain and question you if they suspect a traffic violation or a crime committed.
     The officer has the right to ask for your driver’s license, insurance, place of address, automobile registration, and tell you the reason why they stopped you. The police officer can only detain the suspect within a reasonable amount of time required to effect either a citation or remedy the problem in the field—the reasonable standard of law says usually ten to fifteen minutes. The US Supreme Court said the police detainment at a Terry stop could be as long as 30 minutes if there is reasonable grounds to show excessive detainment. You can ask if you are free to go after the officer examines your license and insurance.
     However, a police officer can arrest, detain, and search a person in two ways. The first way happens when the police run your name through “warrants and checks.” Any detain order the officer receives motivates him or her to take the individual into custody and search the vehicle.
     The second way the officer may try to begin a search is if they sense any recoverable evidence of a criminal act. Probable cause is a reasonable belief of finding seizable items by balancing individual privacy against public policy.  The good faith doctrine limits the effects of probable cause. 
     The “good faith doctrine” excuses police misconduct when they believe the facts are valid in the warrant or there is evidence at the scene that provokes a search of the person and their property. Article I, Section 10, of the Minnesota State Constitution says that personal property is an “effect” and protected by the Fourth Amendment, which police officers cannot use to excuse their Fourth Amendment infringements.

     However, there is one exception to the good faith doctrine in Minnesota that people should be aware of is the "inevitable discovery doctrine." Inevitable discovery protects law enforcement from violating the good faith rule if they can show the confiscated evidence would have been found at a later time if they followed the proper procedure.

     The Vernado law protects people from the police using Terry stops to interrogate or investigate for crimes. The irony of probable cause within the good faith exception is difficult to prove when the police have 68 different violations they could use to pull you over.
     Thus, people might respond to the police officer’s Terry stop irrationally, which will trigger the officer’s suspicion to begin questioning the suspect. People make the common mistake by behaving rudely to the police, talking too much, and giving consent to a search. Often the police catch people with drugs and alcohol in their vehicles after the officer subdues the frantic or hostile person for safety reasons. If the police officer tells you to step out of the car, do so by rolling up the window and locking the door before closing it. Do not feel intimidated if you choose to exercise your rights, and do not argue with the officer.
     Regardless of income levels, the Minnesota Supreme Court ruled in Harris, 590 N.W.2d at 98 that a “seizure” happens when a person, under the totality of the circumstances, would have believed that he or she was “neither free to ignore the police questions nor free to end the meeting.” You give up your Fourth Amendment right when you continue to talk with the police or answer their questions.

Consenting to a search.
    If the police officer lacks evidence of a crime, he or she might ask you questions or try to gain consent to explore further. It is important that you vocally exert your rights to deny a search of yourself and property. In the court ruling of State v. George, 557 N.W.2d at 580, the absence of any protest does not necessarily mean the individual gave consent to a search voluntarily.
    One exception the Supreme Court recognizes to the warrant requirement is the individual consent given to the police officers. Consenting is the product of a person’s exercise of free will and often a common mistake made by citizens. Police rely on the person’s fear and ignorance of their right to deny the search, limit the search area, and withdraw their consent during the search.
     I believe some of the people in low- income neighborhoods when they answered that they feel intimidated or threatened by the officer’s presence or tone of voice, which compels the suspect to give consent to a search. Therefore, the police can use aggressive policing as a crime prevention tool in economically strained neighborhoods. In each case, the police might justify their reasonable suspicion to question the suspect and begin a search for any evidence of a crime on or near the suspect.
    The officer may then ask for consent to a search if it’s relevant to the Terry stop, and if the driver or a third party agrees, then that person has effectively waived their Fourth Amendment protection provided they did so with a full understanding of the waiver, voluntarily and intelligently without coercion or deception.
    Any contraband found gives the officer the right to arrest a suspect or give him or her citations. Police having consent do not need probable cause or articulable suspicion for searching the person or their belongings. Police entering by consent must prove the person consenting controls the property, such as their car or house. The person controlling the property can be anyone sharing the property with you, such as a passenger, roommate, a partner, or neighboring tenants-in-common. Any evidence found after consent is admissible in court. 
    However, if there is no evidence supporting a crime, then any evidence recovered is inadmissible in consent-to-search cases. A person can mistakenly give consent to a search when the police ignored to follow the laws of criminal and civil procedure.  In assessing voluntariness, the Courts look at the totality-of-circumstances surrounding the consent, examining the facts for pressure. The Courts will discount consent as voluntary when the officer asserts his or her official status and the individual yields. The person’s knowledge of the right to refuse consent is nonessential to voluntariness. Therefore, as a Fourth Amendment version of the Miranda warning the police do not tell people about their Fourth Amendment rights to refuse a search.    
     The Supreme Court ruled that consent by the suspect is an unknowing waiver. The police using noncoercive deceptions to get the suspect’s consent are lawful. Getting consent by deception is a useful law enforcement tool when it becomes impossible to gather facts to prove probable cause. Officers choosing noncoercive deception should document the supporting factual circumstances of consent given, the area searched, and the technique used. Consent gotten by misleading information voids the search and any infringements by police asserting a warrantless authority considers evidence inadmissible.  The latter case laws could have saved my tenants if they had money to fight the charges.
      However, every law might have some exceptions. Without getting consent, the police can use their physical senses within the circumstances of the “plain view doctrine” as a crime-fighting tool to detect and recover evidence of a crime.


The “Plain view doctrine” rule.
      The plain view doctrine allows police officers to seize objects falling within their physical senses, not intuition, when the law allows the officers to position themselves at the scene. For example, a police officer standing on the street who witnesses a crime through an uncovered window is legal. However, a police officer trespassing on private property so he or she could witness a crime through the same window is illegal.
      Without the “plain view doctrine” or firsthand knowledge from informers, or another, the police officer is lacking facts for a warrant. Limiting the “plain view doctrine,” the officers must believe that any items they detect are contraband before seizing them. For example, police can seize evidence after they served a search warrant or when they detect contraband in open view. If the officer needs a warrant to search and seize the legitimate observation, it will provide grounds therefore, and known as “freezing the status quo.” 
       Freezing the status quo happens when the police protect and barricade the property or detain the vehicle to preserve the evidence until they get a legal search warrant. The police can impound the car instead of taking you to jail, which the police department has constitutional immunity for conducting inventory searches because they are preserving impounded property.
      The police use developing technology that raises the officer’s senses, which cause protests of unwarranted intrusions by infrared and contraband detection sensors. Some law enforcement agencies are now using the P.A.S. III “Sniffer,” (Passive Alcohol Sensor), which looks like a flashlight, but senses alcohol in the environmental air near the suspect. Therefore, the electronic “Sniffer” detecting alcohol allows the police officer to recover evidence under the “plain view doctrine.” 11
      The American Civil Liberties Union protested against the “Sniffer” saying this is an invasion of privacy and against the Fourth Amendment. Protesters say it violates the “plain sight doctrine” because officers are not using their own senses, but an electronic instrument. The fear of detecting windshield fluid and other innocent items containing alcohol will spark a probable cause to a search. The A.C.L.U. reminds us the “sensory impressions” gained by an officer are admissible evidence. However, the ruling in United States v. Kyllo (2001) could overturn the use of the P.A.S. “Sniffer” and other detection instruments. The Court held the use of surveillance or detection equipment against houses and automobiles violates people’s privacy unless the technology is available to the public.12 St. Paul police do not carry the “Sniffer,” but they do have sniffing dogs riding around with the windows open.
       The Supreme Court obviously dislikes the exclusionary rule, which releases the guilty rather than convicting an innocent person. The Court fears the Constitution will become a basis of tort liability under 42 U.S.C. § 1983 with matters best left to the states. Thus, illegally recovered evidence is inadmissible in the court of law. People must remember the exclusionary rule under the Fourth Amendment protects individuals against coercive and overzealous practices of law enforcement agencies, especially at traffic stops in Minnesota.


Examining Police Responses to the Fourth Amendment.
       I am limited in my research efforts to support my observations because the St. Paul police dislike sharing their dirty laundry with the public. I could spend months researching the police department’s personnel files. Amy Brown from the St. Paul Police Statistics and Analysis Department said the difference between the wealthy and poor neighborhoods is the different priority calls the police receive.
         The police admit that some police officers do not live in St. Paul, which may lead to social conflicts because of their cultural unfamiliarity with the citizens. I watched many people standing in traffic court—from all income levels—fighting their citations, in which the lower income people out-number the stereotypical wealthier classes. The disparity of traffic citations given to people astounded me to ask people closer to home what they thought about the police and their behavior.
         I interviewed ten people at random by race, economic status, and age at the Eastside American Legion Post 577. The people I chose represented various backgrounds, including a homeless Ojibwa, the white, middle-aged working classes, retirees, and adolescents. The most common complaint is how the police mistreat people by talking down to them, searching for and seizing contraband, and barking out threats and orders. They sense the police are more likely to detain and question a person driving a beat-up car and search him or her and the vehicle without recovering any evidence of a crime. All people interviewed agree the police react to the suspect’s behavior by making an arrest, giving a citation, or releasing the suspect with a warning. Sometimes, the police officer having a bad day might misuse their authority of discretion to inconvenience the driver or walker.
      From the interviews, classes, and research there is a measurable belief in the lower-income neighborhoods of St. Paul that police do not give equitable treatment to minorities and teenagers. In my neighborhood, the minorities and teenagers discuss stories about their meetings with the police. The community may be right because the 2003 study conducted by the U of M Institute on Race and Poverty supports the public view that Minnesota police officers detain and search minorities more often than Caucasians. Overall, 24% of discretionary searches of Caucasians produced contraband compared to only 11% of African-Americans and 9% of searches against Latinos.13 The statistics show the people arrested follow this frequency pattern, African-Americans, Latinos, Asians, and Caucasians. The Terry stops also vary among the ethnic races and their treatment in the suburbs and rural areas. The metropolitan counties and its law enforcement administrations changed their policies to wrestle the public views of socio-economic and racial stereotyping. One of the ways to deal with the public opinion of economic stereotyping is to create a data collection file to find the solution to socio-economic profiling.
       In 2003, the metro area police departments began a volunteer data collection of traffic stops with 15+ different police departments in Minnesota. Now at each traffic stop in St. Paul, the police must make a written report. Each stop must include a list of information, such as the purpose of the stop, the officer’s badge number, the driver’s ethnicity, age of the driver, if there was a search, and the traffic stop resolution. In time, the collected data might show the “norm” for gauging police stops.
       However, three veteran St. Paul police officers interviewed--off the record-- will argue that each income class has a lifestyle pattern that favors a particular crime. Common stereotypes, such as a Harley-Davidson motorcycle rider might have methamphetamines after leaving a bar or riding near a known drug house. Maybe an African-American wearing “gangster” gear might have marijuana and crack cocaine. The Asians might receive traffic tickets based on their racing car stereotypes. Stereotypes do not cause traffic stops or an arrest unless there is unusual behavior suggesting a crime in progress.
     Minnesota law forbids police officers to stereotype people. The reality is the police can use policy loopholes to get past any arguments of socio-economic profiling. For example, the police officer could make a Terry stop without noting ethnicity if they radioed in a suspicious vehicle, an illegally parked car, or a suspicious person. It is difficult to know the statistics for sure because some police officers may not follow administration policies, especially the older veteran officers.


     Conclusion.
     The St. Paul police do not share their policy information and cultural practices with the public. For many people, the media portrays the police hiding behind a blue wall of silence. We will know in time if the police purposely use socio-economic stereotyping or if it is because the police often intercept low-income people committing crimes in economic strained neighborhoods. The Social Reflective Anxiety and socio-economic problems in low-income neighborhoods inhibit people’s life-chances and advancement. The result is more police calls serving the impoverished neighborhoods with already strained community services.
       Sensibly, people believe the wealthy do commit crimes at an equal pace parallel to the poor, although the wealthy limit their exposure to street policing. The media tells us that Enron and other fraud crimes usually involve people in the upper and middle-income levels. In traffic stops, the public may argue the middle and upper income classes receive more breaks from the police than the low-income class. If not, then the argument could support that upper and middle- income classes have a greater amount of economic and networking resources to fight the police in court.
       However, the poor have greater risks for a Terry stop because of their prolonged exposure to the police in public. In addition, the poor lack financial and social support for protecting their rights. Often, their public defenders have ridiculous numbers of cases, which they often choose to make a plea bargain instead of fighting the charges. Lawyers have to fight against police testimony and reports.  
      The police are human and they do make mistakes. Knowing your rights and the law can improve your chances from getting a ticket or arrested, especially if you live, work, or drive through the socio-economic strained neighborhoods. Low-income neighborhoods often contact the police as a pseudo-social service with calls for emergencies and dispute resolutions. Frustrating police work and its environmental influences cause cynicism in some of the police officers, which often the innocent becomes the focus of investigation.
       In conclusion, if you feel that you suffered from injustice at the Terry stop, you can file a police misconduct complaint with the police department and the civilian review board. This latter action will provide the St. Paul police an opportunity to review and improve their workforce policies and training. Consult with an attorney quickly with a copy of your citation and all police reports.

 

 

 

                                                                                                                          
                                                               Notes
1 Officer Kris Sturgis. Lecture notes. LAWE 330-01, Critical Issues in Policing. Metropolitan State University (Fall 2006).
2 Payton v. New York, 445 U.S. 573, 590 (1980); Steagald v. United States, 451 U.S. 204, 212 (1981); Mincey v. Arizona, 437 U.S. 385 (1978).

3 Minnesota v. Olsen, 110 S. Ct. 1687 (1990).


4 United States v. Knights, 534 U.S. 112 (2001).


5 United States v. Arvizu, 122 S. Ct. 744 (2002).


6 United States v. Leon, 468 U.S. 897, 104 S.Ct. 3405 (1984).


7 Beck v. Ohio, 379 U.S. 89, 85 S.Ct. 223 (1964).


8 United States v. Matlock, 415 U.S. 164 (1974).


9 Bumper v. North Carolina, 391 U.S. 543 (1968); Johnson v. United States, 333 U.S. 10, 13 (1948).

10 Amos v. United States, 255 U.S. 313 (1921); Johnson, 333 U.S. 10 (1948); Bumper, 391 U.S. 543 (1968).

11 Schneckloth v. Bustamonte, 412 U.S. 218, 231-33 (1973).


12 The distinction that “off-the-wall observations” could be permissible while “through the wall” surveillance could be impermissible would lead to a trap as technology advances. The Court held that any other approach, “[w]ould leave the homeowner at the mercy of advancing technology-including imaging technology that could discern all human activity in the home…where, as here, the Government uses a device that is not in general public use, to explore details of the home that would previously have been unknowable without physical intrusion, the surveillance is a ‘search’ and is presumptively unreasonable without a warrant.”

13  Council on Crime and Justice, Institute on Race and Poverty, Minnesota Racial Profiling Study: All Jurisdictions Report in Summary of Findings, Sept. 24, 2003 (U of M, Minneapolis, MN), 1.


 
 
 
        
 
 
 

reply to Brighan
Brighan  

Overview picture of our Juvenile Justice System in America.

This is my Extra Credit for Soc. 1154-91 in 2005.

This is a typical overview of our Juvenile Justice System (JJS) and the immediate need for society to take the initiative to share our values to our youth rather than locking them up. We must remember that all troubled youths are caused by the enviromental influences and the lack of guidance from our parents or society.

One such text book that I read for my JJS course offers the insight of our JJS Courts in America and its problems among society and juveniles needing attention. Enjoy.

1.) Confidentiality and Accountability of Juveniles in Secrecy.


       In the Juvenile Justice textbook by Humes, E. (1997), "No Matter How Loud I Shout", Judge Dorn wants the legislators to lift the veil of secrecy so the public can see the successes that the Juvenile Justice System (J.J.S.) of his jurisdictional model had accomplished and its need to be rebuilt instead of demolishing it (p. 354-56).
      Many Court Officers will argue over the confidentiality controversy that it should be preserved if the J.J.S. is going to be actively involved without causing stigma to the juvenile, instead of shelving him/her away to deal with later before it is too late for any salvageable chance of rehabilitation. A case on point is the twelve-year-old boy brought before Judge Dorn for his fourth violent outburst in the three previous months with an assault with a deadly weapon charge (p. 76). The probation department had failed to act to the prior instances, until first something else serious happens to endanger the public safety (p. 76). The secrecy of the J.J.S. had failed this juvenile and his problems.
       Judge Dorn often reminds his Court that all children from all lifestyles are deserving of the attention of a functional and working J.J.S. for help when they arrive into his Court (p.365). However, the climate of public opinion is angry and fearful for public safety when they hear or read of judges’ opinions in the treatment of sending juveniles to camps and rehabilitation facilities; asking for the recall and impeachment of the judges (p. 323).            
       For example, Jason, co-defendant as an accessory to Ronald Duncan’s armed robbery and murder trial; he was given an immunity agreement by the prosecution for his testimony against Ronald. The local newspaper bolsters the agreement in the story that Jason will go free. The public and the victims are fearful and outraged at the prospect that justice had failed (p. 280).
       The law of the J.J.S. in California will allow Ronald Duncan to leave the California Youth Authority (C.Y.A.) at age 25, unless he is eligible for his first aftercare hearing at age 23. When Ronald leaves the California jurisdiction, the public will not know of his past offenses or his rehabilitation efforts, nothing at all. He will walk with a clean slate as if nothing had happened. This will put the public safety and trust at risk of not knowing any of Ronald’s hidden, dangerous desires or compulsions he may have yet to resolve (p. 343-44). Another example of public outrage of the escalating juvenile violence in Humes is the armed robbery of Joseph Gutierrez.
         Joseph Gutierrez- the victim of John Sloan’s armed robbery- walked into the courtroom late to hear the juvenile disposition of John’s case to the C.Y.A., instead of an adult corrections facility. Humes (1997) wrote the quote of Joseph Gutierrez disbelief in the Judge’s opinion,

 “…That kid stuck a gun in someone’s face-my face —and he’s going to camp, he can even get out early if he’s a good boy. That’s not holding him responsible. That judge is guilty of exactly what he criticizes his parents for—being too lax. This is why everyone is so disillusioned with Juvenile court” (p.329-30).


      The public does not cry out for a public reform of the J.J.S. or its rehabilitative efforts, instead they want to erode away the J.J.S in their ignorance of the need for the juvenile’s confidentiality and they do not care if they try to sentence a fourteen-year-old juvenile in an adult court (p. 311). The failure of the parents to take constructive efforts to involve themselves with their troubled youth and the interagency rivalries for possession of the juveniles have stalemated the J.J.S. for any agreements to work together as a successful unit of rehabilitation between the relationships of the juvenile, his/her parents, and society; straining further the J.J.S. to deal with only the more serious juvenile cases (p. 364).
       The view of this type of leniency and strain of the Courts is well known to most inner-city juveniles that each offender has a 25% chance of staying out on the street (p. 53). This offers the juvenile numerous opportunities of reoffending against the public without thinking about the relation between the consequences and the offense before detention is ever imposed (p. 333). Carla James and George Trevino both knew from their education from their street friends that the Court is mandated to impose the least restrictive sentence possible for the lesser crimes and status offenses (p. 53). Some of these juveniles will outgrow this behavior, but some will continue to reoffend regardless of the Courts efforts, these juveniles are known by the J.J.S. as the sixteen percenters (p. 176).
      The sixteen percenters committing low-grade misdemeanor offenses have failed to get the attention and services they require for rehabilitation at their introduction of the J.J.S. and slip away in time, undetected by the confidentiality agreements between the agencies of the courts. The Courts lackadaisical practice of overlooking the warning signals of the offenses and in its keeping of inaccurate or lost juvenile records have resulted with minimal chances for troubled youths to receive services, as it was in the case of George Trevino (p. 176).
      George Trevino was one of the juveniles that had fallen through the cracks of the system without any intense supervision or continued support of rehabilitative programs to help keep him on track. The J.J.S. did not know of George’s prior offenses or failed probation supervision and home life, allowing George to stray further into delinquent behavior (p. 111). Now George is being tried for armed robbery and he claims the J.J.S. had failed him. In Humes (1997) it is written the quote of George Trevino,

 “That’s how the system programs you. They let you go and they know that it encourages you, and then they can get you on something worse later on. It’s like, they set you up. Of course, I’m to blame too, for going along with it. I didn’t have to do those things, I know that …but the system didn’t have to make it so goddamn easy.” (p. 333).


      George was succeeding in many tasks for self-improvement, like acquiring his High School Diploma, his poetry writing, his work as a mentor and tutor to the other juveniles before his appearance at the trial (p. 331). The interagency juvenile confidentiality agreements did not permit his own attorney from finding out his exemplary record to bring before the judge, his last chance for mitigating his offense for a final shot at rehabilitation was lost (p. 331).
     Locking ourselves out of the secrecy of the J.J.S. is a detrimental and ignorant behavior for any successful benefits to come out of it. The best route to start with society is in the baby-steps of instituting educational and social programs of open awareness in the process of juvenile crime prevention, education, and involving all juveniles to participate as an equal standing member of society in fixing the problems from all levels of the government. Every person wants someone to care for them and that as a progressive society, if using this interaction and intervention to help the troubled and desperate, society will end up reversing the crises into a win-win situation. The juveniles crying out for help and attention may respond and terminate their delinquent behavior when peers and community are aware of the juvenile’s situation.
     The J.J.S. must reverse itself from treating juveniles as hardened adults and spend more time rebuilding the focus on the root issues and causes of juvenile delinquent behavior. Money is funneled into outdated systems of justice where some of the people do try to make a difference, but the system must focus on preventive and support programs instead of the endless building of correctional facilities. There will never be enough prisons built in America, never enough laws made or enforced, and the growing population of young adults learned behaviors would supersede all efforts to control the juvenile without first having responsible parenting. Society must be involved with the youths as mentors long before the J.J.S. becomes involved, a point driven previously by Judge Dorn’s model of intervention.
     The breadth of discretionary powers of the judge in the J.J.S. is the last chance effort for Parens Patriae for each case-by-case need basis for rehabilitation of the juvenile, but there is a chance for indiscretionary bias that can creep into the justice system and cause more harm than good. However, allowing a flat State statute will allow more juveniles to slip through the cracks of the J.J.S. without having the benefit of a tailored disposition to their case without the influence of the judge’s discretion. The confusion and argument stands to what do we do to change the course of our youth together as a whole, if society does not accept the change in attitudes needed.
   
 2.) When is it Appropriate to Use Waiver into Adult Criminal Court?


     The growing concern about how society treats its younger offenders has eluded the rights and responsibilities of the Courts decisions to deal with the expanding population of juvenile criminals by the use of waiver. In Kent v. United States, 383 U.S. 541 (1966), the U.S. Supreme Court had ruled that all States must provide with some procedural Due Process protections during the waiver hearings for the “formalities” in the adjudication hearings of all States to choose whether the juvenile is tried in Juvenile Justice System (J.J.S.), or transfer into the adult criminal system.
      In Humes, E. (1997), "No Matter How Loud I Shout", the California “fitness” law allows a waiver into criminal court for juveniles sixteen years of age and older, unless hard evidence shows that the crime was not grave nor sophisticated (p. 101). The prosecution must examine five categories of the fitness test: the juvenile’s past criminal record, the time left to rehabilitate him, the results of the past attempts at rehabilitation, his criminal sophistication, and the seriousness of the crime (p. 97). Sophistication of the crime and its seriousness is the only two needed, but failure of any one of these requirements can result in the judge’s order for waiver (p. 97). Many juveniles in California that are waived into adult criminal courts, except for murder cases, end up serving less time at the California Youth Authority (C.Y.A.) than the juveniles disposed of in the J.J.S. courts (p. 102).
       Judge Dorn foresaw the Gerri Gault decision affecting the treatment of juveniles to be same as adults since 1964, where the J.J.S. and adult criminal courts are different by terminology only (p. 358). This discretionary power of waiver in the hands of the court in some states leaves the juvenile without much of any protections and rights of due process without a hearing or an appeal. As the New Jersey Supreme Court had noted,

 “Waiver to the adult court is the single most serious act the juvenile court can perform ... because once waiver of jurisdiction occurs, the child loses all protective and rehabilitative possibilities available.” (Redding, 1999).

 
     Some States have transfer laws that increased the “net-widening” of juveniles out of the J.J.S. by lowering the age requirement and expanding the lists of transferable offenses, or by eliminating some of the safeguards and protections the judges must consider before transferring the juvenile (Redding, 1999).
      Many Court Officers know from experience that the acquittal of the juvenile cases in the J.J.S. may not be in the kid’s best interest against the hard-line waivers to lock away the more serious offenders for rehabilitation efforts (p. 77).
      The L.A. District Attorney Gil Garcetti’s wants a two-tiered system of treating the worst offenders as adults and reserving the rehabilitative services for the salvageable youth without the system being treated as an application for social services (p. 175).
      Peggy from the Prosecution Office believes that the current disciplinary measures of juveniles is not working and by pushing the J.J.S. back into the nineteenth-century model where juveniles are treated the same as adults (p.166). She also believes in however, that an adult crime deserves an adult sanction regardless of the age of the culprit and excusing their behavior because of their age is no longer an excuse from not protecting the public from the other “Ronald Duncans”, or “John Sloans” out there (p. 68). Waiver issues presented the question of deciding judicial waiver requirements by statute between juveniles within the cut-off line of their sixteenth birthday, like Ronald Duncan and John Sloan.
      Ronald Duncan’s double homicide and robbery case allows him by California law to use adult defenses because of his youth status; he had narrowly escaped the waiver into adult criminal court because he is only nine days shy of his sixteenth birthday (p. 63-4). However, John Sloan’s charge of armed robbery will face the adult criminal system because of his being over the age of sixteen where he may be facing worse sanctions than the Juvenile Justice System (J.J.S.). Besides the fact that the whole family of Joseph Gutierrez had been disillusioned and traumatized for their safety in public, John’s crime did not involve homicide (p. 69). The punishment should fit the degree of violence of the crimes if committed by adults, but mitigating circumstances should also reflect on the personality and accountability of the juvenile charged. John had been the typical juvenile caught on the wrong path with one foolish mistake made that could alter his life.                                                            
      John Sloan is a bright student, from a good middle-class family, but he had problems in school of racial bigotry, and he was easily susceptible to pressure by his peers, namely his new street friend Richard (p. 91). Judge Dorn knows that the two biggest predictors of juvenile delinquency are the one-parent home and a failed educational experience (p. 76).     
      The Court of Judge Dorn ruled that John had committed armed robbery against Joseph Gutierrez, which John had met one of the twenty-four serious crimes of the State of California legislation requirements to transfer John into adult court (p. 96). However, the law ties the hands of individual discretion of Judge Dorn in whether he can declare John as an “unfit” juvenile and keep him in the J.J.S.(p.96).                                                            
       John’s behavior was reprehensible since he came from a good background and the crime committed was more serious than a prank (p. 101). If John were to show any remorse during the commission of the crime or had demonstrated any juvenile behavior, then the judge may indiscreetly break away from the statutes to offer a chance of rehabilitation (p. 101). However, Judge Dorn’s illegal decision to keep John in the J.J.S. for his amenably to treatment had saved John from adult sanctions; the double-jeopardy attachment from Dorn’s ruling was a very lucky break for him (p. 102). The best efforts of Judge Dorn and the J.J.S. to rehabilitate juveniles have enraged and disillusioned the public (p. 330).
      The public fears have changed policies in jurisdictions throughout America, which society had adopted laws that limit or eliminate the rehabilitative effects of the J.J.S. (p. 358). This action will produce unfair results of waiver decisions based on chronological age and not on the needs of the offender (p. 359). Waiver will not decrease crime, nor will it solve any future problems of rehabilitative issues when the Department of Corrections releases the convicted Adult-youth back into a different world. Neither the juvenile, nor society will feel any safer when the waived juvenile has the stigma of a permanent criminal record. 
      The J.J.S. response to curb fears and find new avenues of rehabilitation that will keep within the discretion of the judge is to work with each juvenile on a case-by-case basis and to catch all of the individual details within the juvenile’s life. The new rehabilitative model in the J.J.S. that seems to work for both sides of the issue of waiver is the introduction of the Blended Sentencing disposition.
      Blended sentencing is a combination sentence of either adult sanctions or juvenile probation, but not both. Juveniles benefit of receiving the blended sentencing reforms that may be the only required remedy to help curb the growing delinquency trends perceived by society instead of giving up on the juvenile. The juvenile offender’s rehabilitation would include restitution, community service, and crime victims’ panels so the juvenile will become part of society that they are rebelling against, understand the consequences of their behavior, and heal the generation gap.
      The juvenile successfully completing the blended sentencing or E.J.J. sanctions leaves without the adult criminal record to haunt them throughout their life. The alternative sentencing reforms will give the young offenders a chance to rehabilitate themselves, which other juvenile offenders ten years ago did not have this option.

In Minnesota, much of the same situations exist as in California and any youth may face the waiver into the Adult Court System at the young age of fourteen-years-old. Consult with your attorney on any matters of juvenile deliquency within your local jurisdiction. Society must participate equally with our younger generation.

 


                                                              
 
                        Work Cited
 
 
Redding, Richard E., “Examining Legal Issues: Juvenile Offenders in Criminal Court and Adult Prison.” Corrections Today Apr. 1999: Vol. 61 i2 pg. 92(9). InfoTracOneFile. InfoTrac. Inver Hills Community Coll. Lib. Inver Grove, MN. 15 Oct. 2004 http://infotrac.galegroup.com>. 
 
 
                                                                                                 
                                                                                                 
     
  3.) The most memorable characters in "No Matter How Loud I Shout." (Commentary)
    
      The most memorable characters that reflect the true operations of the Juvenile Justice System (J.J.S.) can be defined into three separate categories: successful, unsuccessful, and unknown.
     The J.J.S. has very few successes in California due to the large volume of cases coming into the Court system everyday. Downsized budgets, unavailable beds in the treatment facilities, and overworked caseworkers have lost track of their charges until another charge of delinquency was brought against them. Less than ten percent of the juveniles entering the J.J.S. have successfully completed the probation/aftercare since their Intake.
      The common knowledge of the street shared between the juveniles is the fact that the Court is mandated to impose the least restrictive sentence possible for the misdemeanor crimes and status offenses. This is said to be true of Carla James, a female gang-banger who runs with her “homeboys” for the thrill and respect of the young men to see that a girl can be so rough and play the games on the street and with her probation officer.
       The rarity of a female getting into trouble is not unheard of before in the J.J.S., but now it is becoming more of a commonplace occurrence and the Courts had seemed unaware of how to deal with them. It had seemed that Carla was given more chances by her probation officer to turn herself around than if she were instead a male. She had guidance counselors help her with continuing school and intensive, visitation contacts with her probation officer throughout her probation.
       
        The probation officer kept working with Carla to break down her barriers of emotional and self-esteem issues and gave her the resources to accomplish this task, which proved successful later in Carla’s life.
        However, juvenile rehabilitation in the J.J.S. is not easy for success if the system is unable or inept to provide the resources, or lost in the confusion of applying specific help needed by the troubled youth. Two such youths whom the odds are against them are John Sloan and George Trevino.
        John Sloan is a bright student, from a good middle-class family, but he had problems dealing with racial bigotry in school, and he was easily susceptible to pressure by his peers to join a gang, namely his new street friend Richard. Both had committed the act of armed robbery together for the thrill, but Judge Dorn had seen the amenability treatment potential of John. Judge Dorn disposed of John into the California Youth Authority (C.Y.A.) for a chance of education and self-esteem adjustment.
        John had accepted and participated successfully into his rehabilitation program through his introduction into the J.J.S.’s “shock therapy program” and he has not at the time of this book’s publishing been back into the system. The same could have been said true about George Trevino if the J.J.S. were to work properly for him, if it were not for fate stacked against him.
        George Trevino suffered a troubled childhood and became a ward of the court of California. The supervising agency of the Court had failed him. Problems became compounded for George when it had forced him to fend for himself in his developing years. Until he was introduced to, the J.J.S. George was one of the unlucky juveniles that had continued to fall through the cracks of the system, without any intense supervision or continued support of resources and rehabilitative programs to help keep him on track.     
       The J.J.S. did not know of George’s prior offenses or failed probation supervision and home life, allowing George to stray further into delinquent behavior. George was succeeding in many tasks for self-improvement, like acquiring his High School Diploma, his poetry writing, his work as a mentor and tutor to the other juveniles before his appearance at the trial. The interagency juvenile confidentiality agreements did not permit his own attorney from finding out his exemplary record to bring before the judge, his last chance for mitigating his offense for a final shot at rehabilitation was lost. This is a common theme and the focus of where the J.J.S. goes wrong to save good individuals needing the resources and supervision to succeed, leaving the juvenile to fall into a downward, unrecoverable spiral into a lifetime of misery.
      George, while at the C.Y.A., had shown himself to be resilient and driven to succeed by participating in his own rehabilitation efforts, but because of his environment, he had set himself back into gangs for his survival in the sub-culture of the detention hall and he was sent straight into adult corrections for the remainder of his sentence. This is a typical view of the everyday vicious cycle that males face in this system full of bias and ineptitude of tailoring the punishment to the person. One such person most deserving this kind of punishment given to George is Ronald Duncan. Ronald is the one juvenile in a class of the unknown sixteen percenters with a questionable future of recidivism, which it makes it more dangerous to society to have him released without a good profile of his background and a rehabilitative plan in place.
      Ronald Duncan’s double homicide and robbery case allows him by California law to use adult defenses because of his youth and juvenile offense status, and he narrowly escaped the waiver into adult criminal court, because he is only nine days shy of his sixteenth birthday. The law of the J.J.S. in California will allow Ronald Duncan to leave the California Youth Authority (C.Y.A.) at age 25, unless he is eligible for his first aftercare hearing at age 23. When Ronald leaves the California jurisdiction, the public will not know of his past offenses or his rehabilitation efforts, nothing at all. He will walk with a clean slate as if nothing had happened. This will put the trust of public safety at risk of not knowing any of Ronald’s hidden, emotional and psychological background of dangerous desires or compulsions he may have yet to resolve.
       Ronald Duncan still did not take any accountability for his actions or involve himself with any rehabilitative efforts provided by the C.Y.A. The J.J.S. will fail society by letting the offender walk out by statute at his twenty-third birthday at the earliest. Ronald is the textbook example of the person to keep inside the J.J.S., or adult corrections until he is proven non-threatening to public safety.
       The main problem of the system of all of the characters involved is the gamble that the punishment fits the offender, and that the rehabilitation efforts and resources are given appropriately and equally with continued supervision to carry on the juvenile throughout and beyond the process of successful completion.
 

reply to Brighan
Brighan  

Universal Declaration Of Human Rights.

If you are like me and wondering why Americans are worrying about other nation's human rights when we are experiencing the same fate as undeveloped countries. Whether your opinions or allegence are political or enduring for freedoms of others, read the Universal Declaration of Human Rights adopted by the United Nations. Yes, the United States is violating much of our rights long before the USA Patriot Act became in effect. Read on below and count your violations.

If you count the violations and your score is:  1-6= You have political influence.

                                                                    7-12= Average citizen.

                                                                   13-24= Did you immigrate from a Third-World country?

                                                                    25-48= I suggest booking the next flight to the Mir Space Station.

On December 10, 1948 the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights the full text of which appears in the following pages. Following this historic act the Assembly called upon all Member countries to publicize the text of the Declaration and "to cause it to be disseminated, displayed, read and expounded principally in schools and other educational institutions, without distinction based on the political status of countries or territories."
PREAMBLE
Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,

Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,

Whereas it is essential to promote the development of friendly relations between nations,

Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,

Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,

Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,

Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.

Article 1.
All human beings are born free and equal in dignity and rights.They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

Article 2.
Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

Article 3.
Everyone has the right to life, liberty and security of person.

Article 4.
No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.

Article 5.
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Article 6.
Everyone has the right to recognition everywhere as a person before the law.

Article 7.
All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

Article 8.
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

Article 9.
No one shall be subjected to arbitrary arrest, detention or exile.

Article 10.
Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

Article 11.
(1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.

(2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.

Article 12.
No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

Article 13.
(1) Everyone has the right to freedom of movement and residence within the borders of each state.

(2) Everyone has the right to leave any country, including his own, and to return to his country.

Article 14.
(1) Everyone has the right to seek and to enjoy in other countries asylum from persecution.

(2) This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.

Article 15.
(1) Everyone has the right to a nationality.

(2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.

Article 16.
(1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.

(2) Marriage shall be entered into only with the free and full consent of the intending spouses.

(3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

Article 17.
(1) Everyone has the right to own property alone as well as in association with others.

(2) No one shall be arbitrarily deprived of his property.

Article 18.
Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

Article 19.
Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

Article 20.
(1) Everyone has the right to freedom of peaceful assembly and association.

(2) No one may be compelled to belong to an association.

Article 21.
(1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.

(2) Everyone has the right of equal access to public service in his country.

(3) The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.

Article 22.
Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.

Article 23.
(1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.

(2) Everyone, without any discrimination, has the right to equal pay for equal work.

(3) Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.

(4) Everyone has the right to form and to join trade unions for the protection of his interests.

Article 24.
Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.

Article 25.
(1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.

(2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.

Article 26.
(1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.

(2) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.

(3) Parents have a prior right to choose the kind of education that shall be given to their children.

Article 27.
(1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.

(2) Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.

Article 28.
Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.

Article 29.
(1) Everyone has duties to the community in which alone the free and full development of his personality is possible.

(2) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.

(3) These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.

Article 30.
Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.

 

reply to Brighan
Brighan  

Operation: Save our Streets Neighborhood Project.

   
S.AVE                                                              
           O.UR                                     
                     S.TREETS            
_______________________

Dear Neighbors on the 800 block,

Do you have continuing problems in your back alley about:

(1).  Unsavory characters trespassing through your property or hanging around dealing drugs or panhandling?

(2).  High-speed traffic flying down the alley putting you and your family at risk for death or serious injury?

(3).  Finding litter, illegally dumped garbage, drug paraphernalia, or other damaging foreign matter on your property and close to the alley?

(4).  Have you seen an increase in property or personal crime occurring in the alley near the business’s on Arcade Street?

If you have answered YES to any one of these questions, we want to hear your opinions and resolutions at a special neighborhood meeting. The neighborhood must enforce and resolve all of these issues about the back alley traffic connecting to the Walfoort Liquor store.

The past two years, some residents of the 800 block have tried to educate and remove the problem of high-speed traffic to and from the Walfoort Liquor store. We need the efforts and opinions from the 800-block community sharing the alleyway with their support of enforcing ordinances and state laws for protecting our property and children.

One neighbor on the 800 block is a paralegal and offers to remind the public the following:

“The Minnesota Criminal statutes and Traffic laws of 2005 state:

 **Minn. § 169.14, Subd. 1. (1997). Duty to drive with care. No person shall drive a vehicle on a highway [roadway is defined as a highway, §169.01, subd. 31] at a speed greater than is reasonable for becoming and remaining aware of the actual and potential hazards then existing on the highway and must use due care in operating a motor vehicle. In every event speed shall be so restricted as may be necessary to avoid colliding with any person, vehicle or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.

**Minn. § 169.01, Subd. 67 (2000). Alleyway. “Alleyway” means a private or public passage or way located in a municipality  and which (1) is less than the usual width of a street (2) may be open to but is not designed primarily for general vehicular traffic (3) intersects or opens to a street, and (4) is primarily used for the ingress and egress or other convenience of two or more owners of abutting real properties.

** Minn. § 169.14, Subd. 5c. (2003). Speed zoning in alleyway. Local authorities may regulate speed limits for alleyways as defined in section 169.01 based on their own engineering and traffic investigations. Alleyway speed limits established at other than ten miles an hour shall be effective when proper signs are posted.”

The regulated speed for our alley is 10 MILES AN HOUR.

Therefore, the alleyway belongs to the residents of 800-block close to Walfoort Liquor store and excessive speeds, drunk driving, littering, and criminal activity associated with nonresident patrons endanger our property and children of the 800 block neighborhood.

The businesses on Arcade Street have an agreement [a promise to avoid from becoming a nuisance] with the neighborhood or have penalties imposed on the business.

If you have complaints, solutions, or extra comments to share about enforcement of unwanted traffic and criminal activity associated with nonresidents abusing the alleyway and our property, please respond by writing or calling to:

Dan Bostrom, Council President Ward 6: (651) 266-8660
Scott Renstrom, Legislative Aide to Dan Bostrom: (651) 266-8661.
E-Mail: ward6@ci.stpaul.mn.us

Leslie McMurray with District 5: (651) 774-5234. Her e-mail is: d5-director@visi.com

Write to: City Council Offices        
                310 City Hall
                15 W Kellogg Blvd., St. Paul, MN  55102     

                                            
The District Five Community Planning and Economic Development (CPED) meeting in December will include some discussion with St. Paul Public Works about options to address these issues. The CPED meeting will be held on:
 : 
                                                December 6, 2005; And Also To Be Announced                  
                                                Arlington Public Library
                                                1105 Greenbrier Ave., St. Paul

Possible legalities are found at my speech given to the City Planning meeting.

http://st-paul-s-save-our-streets-neighborhood-project.app-brighan-1.aidpage.com/st-paul-s-save-our-streets-neighborhood-project/ 


CC: The Neighborhood Block Watch, Ward 5&6; Council Member Dan Bostrom with Ward 6; Leslie McMurray with District 5; Mayor Randy Kelly.

UPDATE:

                                          Memorandum

Date: 12/21/2005
Time: 12:09 PM

ABOUT: Save Our Streets Neighborhood Project Traffic Count Records.

Dear Monica:

Thank you for showing up on December 20th 2005 and performing the traffic count in the alleyway next to Walfoort Liquor store. Tuesday nights in the winter is the slowest day for Walfoort Liquor store. As I said last night, it feels like having a doctor’s visit and the symptoms of the problem is not noticeable.

However, I have only counted traffic that crosses my path adjoining to my property and not including the turnaround at the end of the alley next to Walfoort Liquor store.

From December 8, 2005-December 20, 2005 I have stepped up enforcement with signs, cones, and a visual presence of taking down license plate information. Some people noticed and they have taken their route on the residential streets. However, on December 20, 2005 I did not post signs and cones because many drivers ignore any warnings and they feel it is a joke played against me in trying to resolve the traffic problem.

In the summer months, more cars and foot traffic will double while the children play and residents are working around their property. I fear, as I stated in my letters posted to the City Council and its proper departments, that without proper and consistent traffic enforcement this problem will continue in strength. These are the facts of my current observations that I have recorded for you:

• During the winter weekdays before 6:00 PM, I have counted an average of 30 cars rushing down the alleyway.
• During the winter weekdays from 6:00 PM until 8:00 PM, I have counted an average of 35 cars rushing to Walfoort Liquor; especially nearing closing time.
• During the winter weekends of Fridays and Saturdays from 6:00 PM until 10:00 PM, I have counted an average of 70+ cars rushing down the alleyway.
• Other than speeding, many other crimes associate with Walfoort Liquor store; that is, Drivers without licenses, some drivers with active arrest warrants, muggings, thefts, and illegal dumping of trash going to and coming from Walfoort Liquor store. See the attached records of license plate information.

In my winter estimations, we have an average of 360 cars of nonresidents violating traffic and legislative statutes in our neighborhood every week. I do not know of any residential alleyways with this volume of traffic seen in our backyard. This is a safety concern that must have a permanent solution before any loss of property or life.

Please contact me again and I will continue this safety enforcement project in the summer when school allows me the time.

Sincerely,

CC: File, District 5 Planning Council, Dan Bostrom with Ward 6, St. Paul Police Department, Monica Beeman with City of St. Paul Traffic Engineering Department.

*********************

From Monica Beeman, City of St. Paul Traffic Engineer.

Dec 20, 2005 from 6:00 to 8:00 pm I was out to the alley between Arcade, Mendota, Jessamine and Magnolia to count vehicles, check speeds and generally observe traffic.   The evening was cold, and there was snow on the alley surface but no precipitation. The alley, albeit winter, was reasonably clear.  Although we did not arrange to meet Mr. Wadding he happened to be in the alley and did speak with us briefly.  He has sent out a separate e-mail dated 12/21/05 expressing concern that the traffic was lighter than normal, that he has been placing cones and signs in the alley but had none in place while we were present, and indicating more traffic is typical from his general observations and definitely higher in non-winter seasons.
 
Conditions Observed:
The traffic volumes in the alley were relatively light, 24 vehs/hour for each of the two hours observed with 17 vehs/hour or 18 vehs/hours coming to and from the liquor store alley access point.  Approximately 6 to 7 of these cars came and went from Arcade.   The remaining 10 to 12 vehicles associated with the liquor store came and went through the alley to the Mendota end of the alley.  This is a small number of vehicles but reflects about 42 to 50 percent of the alley traffic.  There was only one car each hour that cut through the alley having no destination/origin in the alley.)  The remaining vehicles were residents.  The amount of traffic recorded in the alley for winter conditions is not significant but does clearly show that there is a draw from the liquor store.  The general travel patterns for the liquor store include the alley because the liquor store site is relatively small and parking dictates how entrance/exit to the site occurs.  There is no ability to turn around on-site without a significant maneuvering of the vehicle.  Also there appears to be a preference to use the alley eastbound when exiting from the alley to avoid the traffic signal at the intersection of Arcade/Magnolia.  See attached sketch. 
 
There were no conflicts with pedestrians or observed immediate hazardous behaviors associated with DWI etc.  There was one non-traffic related conflict involving yelling between individuals associated with the liquor store.  We did observe a police car traveling the alley.
 
The alley is relatively flat in grade and although was snow present the alley was relatively clear.  We also took speed information in the alley with a speed gun but discovered that the radar gun did not record speeds below 15 mph.  Speeds in the alley were taken at about the mid point, excluding those slowing to turn into residences.  We took the speeds of approximately 13 to 15 vehicles and saw 7 or 8 vehicles traveling above 15 mph, with an average for this group of 15mph in the first hour and 18 mph in the second hour.  The highest recorded speed was 25 mph which occurred just before 8:00 pm.   The officer traveling through the alley had a recorded speed of 18 mph.  85th percentile speed information could not be determine due to the limitations of the radar gun.
 
Assessment:
Winter is obviously not reflective of the extent of the conditions Mr. Wadding has referenced nor does it indicate an immediate hazard but it does confirm that the liquor store reflects 40-50% of traffic traveling down the alley toward Mendota and that the average speeds even in winter are above the legal speed of 10mph in an alley.  It is likely that traffic volumes and speeds are higher in non-winter seasons. There is also likely more potential for pedestrians to be present in better weather seasons. This location should be rechecked in spring.
 
The information seems to indicate that the residents along this alley could install such things as speed signs, speed bumps or request a one-way alley via the city’s standard petitioning practice, however, each have varying levels of effectiveness and come with both positive and negative results. 
• Posting the speed of an alley has very limited likelihood of affecting a driver’s choice in speed.
• Recently a set of speed bumps were removed in a alley in another neighborhood due in part to the fact the speed control devices actually attracted more kids to be in the alley skateboarding so what controlled car speed actually increased the exposure to kids, a definite safety negative. 
• And one-ways would penalize the mobility of residents on a daily basis with the potential to limit only half the liquor store traffic and with the potential to increase speeds, again not the intended result.
Of course, it should be noted that the costs under City policy for any of the above are shared by the abutting property owners.
 
Recommendation:
This is an alley with both commercial and residential access, not a development practice typically allowed today, and as such has the potential for conflicts in use. Clearly, there is a perceived conflict in use by at least a few residents, a general concern for safety related to speeds and commercial access is not the preferred practice according to today’s development standards.
 
Although dead-ending of the alley is the only way to eliminate all traffic non-residential traffic it does not seem a reasonable alternative given the restrictions imposed on residents travel patterns, and the physical space needed for a alley turn around. From the other perspective the liquor store parking area is not big enough to turn vehicles around on-site so full closure of their alley driveway alone is also not feasible. Therefore, I would recommend working with the liquor store to revise the traffic pattern so that their customers use Arcade or travel back out toward Arcade. See attached sketch.
 
The elimination or modification of access to the alley from the liquor store would require working through LIEP to achieve. Traffic engineering can assist with the development of access alternatives some of which may be tried as temporary or could be worked out between/with others.
 
In the mean time speed enforcement in the alley would seem the best overall approach and I will make a request to Police. Also Mr. Wadding should note that a private citizen should not place traffic control device in the public right of way.

Monica M. Beeman, PE
City of St Paul
Department of Public Works
Traffic Engineering
800 City Hall Annex
25 West Fourth Street
Saint Paul, MN  55102-1660
(651) 266-6214

"You must be the change you wish to see in the world"  Gandhi

___________________________

*12/29/2005

(Replying to the Official Traffic Count Report-12/23/2005).

Monica,
Very thorough and thoughtful analysis.
Thanks!
Bruce
*************************
 
12/23/2005
(Reply Message)

Dear Monica:
 
Thank you so much for your detailed report and your time in the traffic count.
 
I do agree that your sketch is the right solution but the drawing that I would have presented for the solution would to cut the alleyway as a dead-end from the house next to the parking lot and across to the other side of the Food-shelf mission.
 
This action would allow the businesses to use the alleyway as you proposed in the sketch and allows the safety of the neighborhood to occur when we use the west end for access. See sketch below.
 
However, the added traffic block may deter people to use the access in the alley but who is going to enforce the traffic and break the habits of the liquor store owner?
 
Do the citizens of the neighborhood try to work with Walfoort Liquor through the District 5 Planning Council or have the City of St. Paul write a letter of this situation? We could face strong opposition from the liquor store owner.
 
I will mill it over during the winter months.
 
Thank you,
 
Shannon Wadding
846 Jessamine Ave E
St. Paul, MN 55106-2612

 TRAFFIC RECORDS OF THE BACK ALLEYWAY TO WALFOORT LIQUOR STORE.

IS YOUR MINNESOTA AUTOMOBILE RECORDED HERE?

DATE of Speeding

* Denotes prior moving violations. MN License Plate # ; NAME;  Date of Birth ; Address


12/08/2005; LKL 434  


12/08/2005; LMS 388   


* 12/08/2005; ERE 457
Active Misd. Warrant
-frequent at 1081 Arcade St. upstairs apartments. Mark Anthony Hoff 
9/24/1954 627 N 3 St Bayport MN 550031007

(651) 351-2843
Or;
2453 Elkhart Lane, Maplewood, MN 55119


* 12/08/2005; NHB 945-Currently SUSPENDED *Michel Diori Tillman;
Angela Renee Dates 11/04/1977;

12/11/1974 990 Lafond Ave., St. Paul, MN 55104


* 12/08/2005; LEF 819 Quincy Terrel Lewis 02/26/1981 415 Jessamine Ave E.(Upstairs), St. Paul, MN    55106 (651) 493-7693
12/08/2005
12/09/2005


12/15/2005; KLL 112 Terence Paul Primus 07/15/1964 
12/08/2005


12/10/2005; RJD 351-Anderson’s Perfect Pizza Delivery. Wayne Anderson  1098 Arcade St., St. Paul, MN 55105 (651) 774-3300
12/08/2005
12/13/2005


12/16/2005;  PTT 696  


12/08/2005; KHH 781 

  
12/08/2005; LPP 471   


12/08/2005; RLZ 720 

  
* 12/08/2005
   12/14/2005;  PHM 071 Joyce Marie Imhoede  3584 Blue Jay Way, #101, Eagan, MN


12/08/2005; RJO 351 

  
12/08/2005; FTD 806  


12/08/2005; ESS 812   
12/08/2005
12/12/2005


12/16/2005; JEM 562   Lives on 900 Block of Magnolia Ave.


12/08/2005; PHN 927

   
12/08/2005; FMG 667   
12/08/2005
12/15/2005
12/16/2005 


12/17/2005;  GPT 841 Eva Emma Stites 02/06/1949 1099 Geranium Ave E St Paul MN 551062709 (651) 330-8083


12/08/2005; YHN 245   


* 12/08/2005; MMN 303 Janet M. Rennick- Thompson

  
12/08/2005; CSG 963

   
* 12/09/2005; PNT 901-current SUSPENSION. Jessie Jovon Smith 08/09/1977 845 Cook Ave, St.      Paul, MN 55101 (651) 776-8702
12/09/2005
12/16/2005


12/16/2005;  NPF 469 John Lee Taylor, Jr. 09/12/1980 


12/09/2005; GTN 234

   
* 12/09/2005; GYS 265 Maria Alicia Orozco 11/27/1969 1017 Sims Ave. St. Paul, MN (651) 774-4506


12/09/2005; PUL 255   


12/09/2005; LXG 255

   
12/09/2005
12/16/2005
12/19/2005
12/20/2005;  KTY 701 

  
12/09/2005
12/13/2005 ; GBY 746-Blue & White Taxi.  


12/09/2005; DVB 937   


12/09/2005; LIG 762  


12/09/2005; MED 361 

  
* 12/09/2005
   12/13/2005 ;WT0649 

  
12/09/2005; MAX 141 Joel Aviles Martinez 01/08/1978 1626 Sherwood St. Paul, Mn 55106


12/09/2005; HCA 288 

  
* 12/09/2005; JJH 604- Demetrius Dwayne Walker 10/25/1980 1026 Reaney, St. Paul, MN 55106


12/09/2005; KGL 955 

  
12/09/2005; LAD 922  


12/09/2005; NGY 241 Joshua Michael Anderson 11/17/1983 378 Case Ave St. Paul MN 55101


12/09/2005; JNF 346   
12/09/2005
12/16/2005
12/16/2005
12/20/2005

 PTU 341   
12/09/2005
12/12/2005


 KWR 579

   
12/09/2005; NYP 527 

  
12/09/2005; GTZ 607  


12/09/2005; NZU 475 Tiffany Jaunice Reed 10/19/1971 1367 Reaney Ave, St. Paul  MN (651) 772-7490


12/09/2005; HOY 976 

  
12/09/2005; LXE 575 

  
12/09/2005; DHE 372-throughway.   
12/09/2005
12/10/2005
12/14/2005
12/16/2005 

NTP 956 -Top Ten Car Detail.  


12/09/2005
12/15/2005; EHS 698 -Debbie’s Doghouse   805 Hudson Rd. St. Paul, MN 55106
(651) 776-4080


12/09/2005; KTX 067  


12/09/2005; FBM 700  


12/09/2005; JWA 200 Queta Lilian Curtis 03/28/1983 
12/09/2005
12/12/2005
12/15/2005


12/20/2005;  NWY 663

   
12/09/2005; NWZ 323 

  
12/09/2005

12/20/2005;  PTU 341-(Comes around before 6PM) 

  
12/09/2005; JZJ 758 Dawn Maurean Hyland 06/28/1966 6843 Sandlewood Rd. Woodbury (651) 714-0929


* 12/09/2005; HBM 136-Active WARRANT for DAS Bonnie Estrada Martinez 10/04/1967 2072 Mississippi St. #201, Maplewood MN 55117


* 12/09/2005
   12/10/2005
12/16/2005
  DXL 983 Angela Jean Crudo;

Howard Elmer Frahm Jr. 05/27/1982


04/13/1949 
12/09/2005
12/10/2005
12/12/2005  LCC 683 Jason Anthony Khemraj;

Tywana Victoria Price 01/01/1979;


06/29/1978 800 W. Co. Rd. D #206, New Brighton, MN;
Or
 6124 Kyle Ave. N., Brooklyn Center, MN 55429;
(Tywana):294 Thomas Ave., St. Paul, Mn 55119


12/09/2005; IBZ 687   


* 12/09/2005; KDT 534-Active
WARRANT and Suspension. Marilyn Claire Frenchik;

Ronald Hill;

 

Jerry Lavell Thomas;

 

 

Darius Rafeal Range 03/09/1937;


12/13/1958;

 

03/18/1958;

 

 


02/19/1983 Not found;

167 N. McKnight #207
St. Paul 55109;

3425 W. Harrison St. Chicago IL. 60624;

 

3104 E. 65th St., #310, Inver Grove Heights, MN 55076


12/09/2005; PDK 603   
12/09/2005
12/16/2005
12/17/2005
12/20/2005  

GVK 822, Nicole Rene Mortenson 04/21/1983 


12/09/2005  NHL 141   


12/09/2005 Wisconsin-too fast to get info.   


* 12/10/2005
   12/10/2005;  NMV 612- Currently SUSPENDED Quincy Lamont Gee 03/14/1971 1199 Glendon St., Maplewood, MN 55119


12/10/2005;  EYK 303   
12/10/2005
12/10/2005
12/19/2005


12/20/2005;    REM 851


12/20/2005-slowed down.   


12/10/2005; GHP 503   


12/10/2005 ; Wisconsin- 319 HBG

   
* 12/10/2005;  NHA 327-Currently SUSPENDED Willie Terrell Smith 02/10/1971 2192 Mohawk, North St. Paul, MN 55109
12/10/2005


12/15/2005;  NYC 131 Linda Marie Kania  
    
12/10/2005;  PKP 443  


12/10/2005; Wisconsin- KXX 795

   
12/10/2005;  PML 448- Putting on make-up while speeding. 

  
12/10/2005;  GCT 257  


12/10/2005;  LWU 763 Maiyia Yang 06/30/1986 1894 Ivy Ave E., St. Paul MN 55119 (651) 776-8326


12/10/2005;  PTU 761-throughway 

  
12/10/2005; MVV 220

   
12/10/2005; GSJ 041

   
* 12/10/2005; MTZ 861 Sotho Phea 02/08/1983 


12/10/2005; EPW 084 Jennifer Marie Mastel;
Todd Patrick Mortenson 12/15/1978;

12/12/1970 


12/10/2005; NZY 540   
12/10/2005


12/10/2005;
 CAH 039-Younger driver almost hit pedestrian in alley. Kevin Cyril Kronquist 08/02/1950 


12/10/2005;  Nebraska-440 NEP 

  
12/10/2005;  NTS 230 

  
* 12/10/2005
   12/19/2005;   NYC 657-Currently SUSPENDED John Henry Bellaphant 08/04/1955 1915 Arcade St., St. Paul, MN 55106


12/10/2005; NHB 830 

  
12/10/2005; HPH 610

   
* 12/10/2005;  GCF 286- Currently SUSPENDED and ACTIVE FELONY WARRANTS Martin John Johnson;

 

Debra Ann Paterson
 10/22/1980;

 


01/19/1958

 13001 Harriet Ave., Burnsville, MN 55337;

1125 Lane Pl., St. Paul, MN 55106


12/10/2005
12/10/2005
12/10/2005
12/13/2005
12/15/2005
12/16/2005; GUX 446-Food shelf delivery; using as
throughway.

   
* 12/10/2005; NSU 986-Currently SUSPENDED John Louis Black, Jr. 01/22/1971 495 Stryker Ave., St. Paul, MN 55107


12/10/2005;  NBJ 524

   
DATE of Speeding * Denotes prior moving violations.  MN License Plate #  NAME  Date of Birth  Address


12/10/2005; RDL 587

   
12/10/2005; PHX 124

   
12/10/2005; LBC 400 

  
12/10/2005; GRY 743

    
* 12/10/2005; GFK 748
-Currently SUSPENDED License Sarai Markiea Watkins;
Ontaria Rosalyn Hester
 07/07/1982;

04/15/1972

 1465 Klainert St., #B St. Paul, MN 55117
12/10/2005 EXE 657   
    
* 12/10/2005;  GGP 919  Brett Thomas Koscienko 02/21/1965 979 Lawson E, St. Paul, MN 55106


12/10/2005;  PXY 868 Cedric Dwyon Mitchell 05/23/1956 902 Aurora Ave., St. Paul MN 55104 (651) 225-0717


12/10/2005; PKB 372

   
12/10/2005;  GRU 786    


12/12/2005;  MHS 580-(Food shelf volunteer) speeding/almost hit pedestrian. Robert William Spratt 09/11/1970


12/12/2005;  RJG 262

   
* 12/12/2005
   12/20/2005;   PHN 245 Laura Phyullis-Marie Tolbert 06/15/1979 871 Case Av St Paul MN 551063860
(651) 771-1279


* 12/12/2005;  LSJ 534-Currently SUSPENDED Jeffrey Rayshawn Wilson 04/09/1982 780 Rose Ave., St. Paul MN 55106


12/12/2005
12/20/2005;  NWY 614

   
12/12/2005; DBZ 192

   
12/12/2005; Wisconsin- 103 KGJ 

  
12/12/2005;  NVA 386 

  
* 12/12/2005; DZZ 454-currently SUSPENDED Roger Allan Andrews ,04/28/1954.


* 12/12/2005
   12/13/2005
   12/19/2005 ; MVP 699-currently SUSPENDED George Francis Hruza, 01/21/1982, 1234 Mclean Ave St Paul MN 551066417
(651) 776-0428


12/12/2005;  JZC 216 

  
12/12/2005; KRINCKLE 

  
12/12/2005;  PXU 423

   
* 12/12/2005; KWE 652 Maria Dejesus-Muniz Lamas, 10/01/1975.


12/12/2005; LMT 898

   
* 12/12/2005
   12/16/2005;  MLP 246 Kenneth Ray Linsy, 01/14/1971, 910 Forest St. #G 5, St. Paul, MN, 55106;
Or
37 Shannon Dr., Hastings MN 55033


12/12/2005; HHB 961

   
12/12/2005;  NYA 216 Vanessa Butts, 11/16/1972.


12/12/2005; DAB 110  


12/12/2005;  PUJ 394   
12/12/2005
12/16/2005  

JNC 997   
12/12/2005
12/17/2005  

NWY 663 

  
12/12/2005; FYH 330

   
12/12/2005, 12/13/2005;  NXB 257 

  
12/12/2005; GZR 170

   
* 12/12/2005  FJT 347 Albert Nels Bjerke Jr., 08/07/1965 


12/12/2005;  LCC 031-Throughway 

  
12/13/2005;  NZS 142 

  
12/13/2005;  PTT 542 

  
12/13/2005; LEB 817

   
12/13/2005;  PPA 170 

  
* 12/13/2005
   12/17/2005;  HVD 828-Currently SUSPENDED Celia Trinidad, 08/28/1969, 1086 York Ave., St. Paul, Mn 55106


* 12/13/2005
   12/15/2005
   12/16/2005
   12/16/2005
   12/20/2005 ;  FRJ 463 Irretrievable case 


12/13/2005; EJK 958 Leslie Elayne Junemann, 12/10/1972 .


12/13/2005;  PHL 353 Case # TMD-T9-05-023313  


12/13/2005; FWH 866   

12/13/2005;  PHX 717

   
12/13/2005; PZT 567 

  
12/13/2005;  JKC 946-almost hit
pedestrian/throughway use. 

  
12/13/2005; NSP 612 Dorothy Lynn Moore, 04/01/1978 3711, Gershwin Ave N Oakdale MN 551283005
651) 770-7269


***12/13/2005
      12/16/2005
      12/16/2005
      12/19/2005;   KHH 748-All Current SUSPENSION

 

Dom Abuse & firearm poss. 
Betty J. Shavers;
Latoya Lashawn Shavers;
Leonard Maine Shavers 

09/05/1965;


06/27/1986;

05/20/1985. 911 Lawson Ave E St Paul MN 551063218
(651) 793-6951


12/13/2005
12/14/2005; MTH 658 

  
* 12/13/2005;  FWH 886-Currently SUSPENDED-almost hit panhandler. Paul Todd Jackson;
Althea June Toliver 11/28/1965;

12/29/1956 949 Hague Ave., St. Paul, MN 55104


12/13/2005; GUX 804 

  
* 12/13/2005;  PLV 248-Currently SUSPENDED John Casanova Jackson 11/12/1967 1086 York Ave. #7, St. Paul, MN 55106.


* 12/13/2005; HTS 952-Currently SUSPENDED Makiesha Edwina Mayo 11/03/1981. 


* 12/13/2005  LKL 334-Currently SUSPENDED Dianne Marie Homich  12/30/1958
 942 Rose Ave. (Lower), St. Paul, MN 55106.


* 12/13/2005 MFV 031-Currently SUSPENDED  * Robert Morris Cook;

 

Lynette Robinson 02/20/1973;

 


01/15/1955 3146 Portland Ave. S., MPLS, MN 55407;

2040 Yorkshire Ave. #2, St. Paul, MN 55116


12/13/2005
12/19/2005;  GMH 586 Christine Marie Todora;
Michael Anthony Todora 12/18/1968;

08/30/1966  
12/13/2005;  MKZ 647 

  
DATE of Speeding * Denotes prior moving violations.  MN License Plate #  NAME  Date of Birth  Address


12/14/2005; JXR 544

   
* 12/14/2005
   12/14/2005;
 MVY 156 Amber Marie Ukes, 09/05/1982.


* 12/14/2005; LFR 326-Two prior D.W.I.’s Lalita Diane Stevenson 05/07/1957 932 Sims Ave., St. Paul, Mn 55106
(651) 771-8942.


12/14/2005; NLC 561   
12/14/2005
12/20/2005   

NZJ 611   
12/14/2005
12/19/2005  

NTN 205   
12/14/2005
12/16/2005 

PWN 377-Snow removal truck.   
12/14/2005 NYO 640   
12/14/2005  DHM 893 Michael Matthew Haga 05/16/1981 
12/14/2005  REL 674   
12/14/2005 HCK 906-Alley as throughway.   
12/14/2005
12/19/2005  GVF 678 Joanne Lynn Gibson 02/24/1956 
* 12/14/2005 NHL 425-Currently SUSPENDED Allison Caron Krogh 04/14/1984 966 Hawthorne, St. Paul, Mn 55106
12/14/2005  HFZ 301   
12/14/2005  LFB 618   
12/14/2005 LXV 981   
12/14/2005 NWZ 956   
12/14/2005 PDN 600   
* 12/14/2005  HHS 047-Currently SUSPENDED; Out on recognizance for Felony Drug Poss. Guy Curtis Hall 12/19/1985 643 Linden St., St. Paul, MN 55101
12/14/2005  NAY 072   
* 12/14/2005 NGZ 046 Steven John Berger 07/11/1981 990 Lawson Ave. E., St. Paul, MN 55106
12/14/2005  NZT 663-City Wide Taxi   
12/14/2005 PYE 324   
DATE of Speeding

* Denotes prior moving violations. MN License Plate #  NAME  Date of Birth Address
12/15/2005 HDL 587   
12/15/2005  LGV 247   
12/15/2005 HCZ 912   
12/15/2005 LUK 239   
12/15/2005 RLZ 219   
12/15/2005  EXU 044   
12/15/2005 ETP 977   
12/15/2005 LAG 762 Name and address requested.  
12/15/2005
12/16/2005  PHK 188-Victim of mugging at Walfoort Liquor (12/16/2005).   
12/15/2005 GLV 368   
* 12/15/2005 CRG 848 Sue Her;
Chia Chue Her
 07/23/1981
03/05/1954 1737 Idaho Av St Paul MN 551061332
(651) 330-8896
12/15/2005 NHL 428   
12/15/2005 CEJ 884 Name and address requested.  
12/15/2005 JCZ 214   
12/15/2005 MUX 634   
12/15/2005 RJG 626   
12/15/2005 RDL 958   
12/15/2005 DMF 627   
12/15/2005  LRV 013   
12/15/2005 FVR 292   
12/15/2005
12/17/2005 MMN 058   
12/15/2005  HFZ 301   
12/15/2005 NZJ 811   
12/15/2005
12/16/2005  MXW 342   
* 12/15/2005
   12/16/2005 LUK 901 Casarae Elliott Anderson 08/28/1983 
12/15/2005  ETX 264   
12/15/2005  PHP 043   
12/16/2005
12/17/2005  Wisconsin-188 ERC William Bruen  
12/16/2005 JND 807 Diane Lo Duachong  08/20/1986 
12/16/2005 FFL 018-City Wide Taxi. Anthony William Decarlo;
James Arthur Chevre 12/01/1971


10/12/1933 2602 2nd Ave, No. St. Paul, MN55109
* 12/16/2005 GUJ 062- Currently SUSPENDED Carthell Lamont Smith;
Michael Conrad Doffing, Jr. 10/16/1978

01/22/1983 8260 W. River Rd., Brooklyn Park, MN 55444

(651) 734-1992

12/16/2005
12/20/2005  PRJ 822   
12/16/2005 JNC 351-Almost hit Pedestrian.   
* 12/16/2005  HEK 570-Currently SUSPENDED Shauna Renea Lewis 04/06/1983 1854 Beebe RD. #334, Maplewood, MN 55109
12/16/2005 MHT 431 Alfredo Gayton Capetillo 08/12/1972 
12/16/2005  KBM 174   
12/16/2005 PTU 738   
12/16/2005 PWL 257   
12/16/2005 NCY 043   
12/16/2005 EEU 369 Kaipo Lee 04/15/1981 737 Jessamine Ave E St Paul MN 551062505
(651) 776-8826
12/16/2005 NXZ 529   
12/16/2005 MXG 842 Jose Manuel Baez 07/06/1971 
 
12/16/2005 KWW 343   
12/16/2005 Wisconsin-919 JZV   
12/16/2005 GYT 407   
12/16/2005 NGX 105   
12/16/2005 CPV 658 Lee Thao 05/02/1959 Case Av St Paul MN 551063703
* 12/16/2005 EPU 286 Mark Anthony Solis, Jr. 02/15/1984 
* 12/16/2005 MXZ 730 Jose Peraza;
Manuel Dejesus Villeda 02/02/1965;
02/26/1934 
1045 Charlton St West ST Paul MN 551181220
(651) 455-9721
12/16/2005 JFT 709   
12/16/2005 RFP 688   
* 12/16/2005
   12/17/2005  KXT 455 Andre Charles Wesley 06/30/1961 1025 York Ave 10 St Paul MN 551063977
(651) 330-2365
    
12/16/2005 NXC 020   
12/16/2005  NXV 520-Pass through.   
12/16/2005 HKX 183   
* 12/16/2005 LFY 570 Jeffrey Roland Hehn 03/28/1966 2365 Hillwood Dr., Maplewood, MN 55119
12/16/2005 PUJ 947   
12/16/2005 LMT 545   
* 12/16/2005  CRY 265 Jennie Michelle Gorbunow 01/04/1980 
12/16/2005 PHM 286   
12/16/2005
12/16/2005 PXY 681-No front plate.   
* 12/16/2005 JUR 355 Nickyia Laverne Cogshell 02/01/1973 
12/16/2005  KHD 193   
12/16/2005 DKJ 213   
12/16/2005 NDT 887   
12/16/2005 FPL 820   
12/16/2005 JWJ 757   
12/16/2005 MEZ 538   
* 12/16/2005  DMM 533-Currently SUSPENDED Liliana Vazquezsuao;
Victor Manuel  Cardona 05/10/1985;

12/15/1947 

53 Atwater St., St. Paul, MN 55117
* 12/16/2005  MFS 965 Silvia Jeanneth Cardona 09/25/1974 1503 Hazelwood St., St. Paul, MN 55106
12/16/2005  MLA 603   
    
12/16/2005 JKN 787   
DATE of Speeding

* Denotes prior moving violations.  MN License Plate #  NAME  Date of Birth  Address
12/17/2005 DENIZ Sergio E. Deniz 01/30/1981 2011 Arkwright St Maplewood MN 551172036
(651) 330-1546
12/17/2005  LXF 287   
12/17/2005  CSC 474   
12/17/2005  GCF 286   
* 12/17/2005 LFZ 616 Thomas Andrew Blakstad;
Crystall Lee Tusa 07/14/1982;


05/31/1984 
12/17/2005  NZV 736 Nackia Maurine Galbreath 09/01/1982 
12/17/2005 JTZ 995   
12/17/2005 NPP 291   
    
* 12/17/2005  KCF 909-Almost hit pedestrian. James Robert Woller 10/07/1967  741 Sims Ave St Paul MN 551063714
(651) 207-8729
12/17/2005 PKP 443   
12/17/2005 NSO 726   
12/17/2005
12/17/2005  GFG 721   
12/17/2005 JHW 640 Daniel Evert Olson 11/02/1942 
12/17/2005 RKK 799   
12/17/2005 UOO89   
12/17/2005
12/17/2005  FEN 294 Shannon Michael Tabbert 01/18/1979 
12/17/2005 MTG 245   
12/17/2005 JGT 568   
* 12/17/2005 EZB 544 Raymond Lee Saul 02/31/1949 1061 Reaney, St. Paul, MN 55106
12/17/2005 JTZ 995-Illegal dumping of trash/Going to liquor store.   
12/17/2005  NMS 264-Food shelf delivery.   
12/17/2005 DYE 655   
12/17/2005 DVW 375-Pass through.   
* 12/17/2005  NDV 333 Larry Danal Harris 05/18/1956 1296 West 7th St., #1, St. Paul, MN 55102
12/17/2005 PHT 223   
12/17/2005
12/20/2005  MTG 271 Paul Gary Gillen 09/09/1956 9300 Tewsbury Gate N Maple Grove MN 553111137
(763) 416-2201
12/17/2005 NYU 640 Juan Alvarez Marichal 04/13/1963 
* 12/19/2005
   12/20/2005  CGB 817-Currently SUSPENDED John Marshall MacAfee 10/18/1970 1247 St. Anthony #1309 St. Paul, MN 55101
12/19/2005 HCE 614   
12/19/2005 Wisconsin-490 DFK Nichole A. Marcyan 12/15/1980 
* 12/19/2005  NGZ 467 Dan Quy Nguyen 09/20/1962 9417 Preserve Tr., Woodbury, MN 55125
12/19/2005 Wisconsin-144 JXF   
12/19/2005 DSD 369-Food shelf delivery/fail to yield pedestrian.   
12/19/2005 PXT 195-Food shelf delivery/fail to yield pedestrian.   
12/19/2005  KZY 305-Food shelf delivery/fail to yield pedestrian.   
12/19/2005 CTN 062   
12/19/2005  JT 053   
12/19/2005 MLP 360   
    
12/20/2005 LSL 999   
12/20/2005 Wisconsin-455 JNS   
12/20/2005 WT7403-Pass through to other block/814 Jessamine Ave E   
12/20/2005 KZZ 293-Food shelf delivery. Anthony August Holte 10/14/1974 
12/20/2005  PHT 514 Christopher Jon Vallant 05/10/1984 
* 12/20/2005 LUT 346 Kim Yang 02/29/1980 
12/20/2005 FYS 461   
12/20/2005  PYB 425   
12/20/2005 LRT 881   
12/20/2005  ENU 218   
12/20/2005 NKK 407-Almost hit the Vue’s backing out of garage.   
12/20/2005  DOM 480   
12/20/2005 RGK 118   
12/20/2005  DBZ 192   
12/20/2005 DAJ 460   
12/20/2005  GUA 642   
12/20/2005 KXB 359 Janet Latate Washington 09/17/1980 942 E 6 St 2 St Paul MN 551064506
(651) 702-4149
12/20/2005  MLP 249   
* 12/20/2005 HWZ 344 Karen Kaye Edens 08/04/1944 
    
    
    
    
    
  
  Operation: Save Our Streets Neighborhood Safety Project.

Winter traffic count for December 8, 2005-December 20, 2005 for the alleyway traffic between Arcade St. and Mendota Ave. to the Walfoort Liquor store between Jessamine and Magnolia Avenues.
 
 

 

 

                                         Memorandum

Date: 8/15/2006
Time: 11:53 AM

RE: Save Our Streets Neighborhood Project Traffic Summer Count Records.

Dear Monica:

I have only counted traffic that crosses my path adjoining to my property and not including the turnaround at the end of the alley next to Walfoort Liquor store.

This summer, car and foot traffic doubled. I fear, as I stated in my letters posted to the City Council and its proper departments, that without proper and consistent traffic enforcement this problem will continue in strength. We already had incidences of property damage and rising criminal nuisances. These are the facts of my current observations that I have recorded for you:

•         Summer weekdays before 6:00 PM, I have counted an average of 50+ cars rushing down the alleyway.
•         Summer weekdays from 6:00 PM until 8:00 PM, I have counted an average of 42+ cars rushing to Walfoort Liquor; especially nearing closing time.
•         Summer weekends of Fridays and Saturdays from 6:00 PM until 10:00 PM, I have counted an average of 93+ cars rushing down the alleyway.
•         Other than speeding, many other crimes associate with Walfoort Liquor store; that is, Drivers without licenses, some drivers with active arrest warrants, muggings, thefts, and illegal dumping of trash going to and coming from Walfoort Liquor store.

In my summer estimations, we have an average of 554+ cars of nonresidents violating traffic and legislative statutes in our neighborhood every week. This is an increase of 194+ cars a week during the summer. I do not know of any residential alleyways with this volume of traffic seen in our backyard. This is a continuing safety concern that must have a permanent solution before any more loss of property or life.

Please contact me again and I will continue this safety enforcement project in the summer when school allows me the time. I will be at the Eastside Neighborhood Rally tomorrow at Trinity Lutheran Mission House at 10:30 AM.

 

CC: File, District 5 Planning Council, Dan Bostrom with Ward 6, St. Paul Police Department: Payne-Arcade Enforcement, Monica Beeman with City of St. Paul Traffic Engineering Department.
 
 
 Shannon Wadding
Paralegal-Legal Advocate
Familiar with Constitutional, Juvenile, Criminal, Civil, Family, Probate, Conciliation, Landowner & Tenant Rights.
 
 __________________________ 
8/9/2006

Dear Hmong-American Partnership:

“When compassion is lacking, people become destructive and insensitive because people ignore the foresight of our actions on the well-being of others”—Dali Lama.

There was an incident yesterday at the City Park at Mendota Ave. and Magnolia Ave. involving many Hmong juvenile males fighting with other neighborhood children, in which the police arrested several juveniles.

For the past three years, some people living in this neighborhood feel threatened or ignored from the Hmong community. Many of the East Side Hmong neighbors are turning into individualists, or becoming more xenophobic in their cultural community, and ignoring the ideas of their social connections with others for being a “good neighbor.” Many Hmong juveniles behave as a gang for promoting their violent policy of “No niggers allowed in our park,” or excluding other cultures from using City property.

Please, people must learn to discard useless ideologies, and use a comparative, new cultural perspective to include everyone’s story for a collective American history. Your help in promoting equitable social services and multicultural education may reduce some of the racism, the feelings of powerlessness, and the fighting among one another.

I spoke on the phone this morning with the St. Paul Parks & Recreation operations manager, Rich Lallier (651) 632-2402. He commented about the futility of picking up hazardous litter in the park.

St. Paul Parks & Recreation propose to replace the field with community gardens so the Hmong elders would find favor of the youth to stop their bad behaviors and watching the neighborhood for drug dealers. I agree that this proposal will benefit the neighborhood.

Please contact me if you have any questions.

Sincerely,
Mr. Shannon Wadding
Paralegal, Neighborhood Watch

CC: File, Leslie McMurray at District 5 Planning Council, Dan Bostrom at Ward 6, St. Paul Police, Payne-Phalen Enforcement Unit.

reply to Brighan