Tuesday, July 24, 2007

Paid Informants

I don't think information from paid informants should ever be considered reliable by a court. Not ever. It should not be admitted as evidence at trial, it should not be relied on to establish probable cause for a warrent.

If investigators want to use paid informants for informatin which might help point them in a good direction for an investigation, even though that information itself probably isn't reliable, then I think that's okay.

But, no way should it be considered reliable enough for a court to rely on it to actually take adverse action against a citizen.

Paid informants should always be presumed unreliable. Always.

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Tuesday, July 03, 2007

Driving while feeling bad

This is just insane.

From nj.com: The severe symptoms of a hangover -- piercing headaches, body aches, dry mouth and upset stomach -- should no longer be your only concern after a night of drinking in New Jersey. Now there is the law.

In a ruling that expands the legal meaning of "under the influence," a state appeals court Thursday ruled a hangover is also an impairment -- whether it's from drinking alcohol, taking cocaine or other substances.

The judges, in a 3-0 decision, ruled a Cape May County driver, who had taken cocaine but was not intoxicated when police stopped him, was still a danger to other drivers. While the cocaine was no longer active it was the "proximate cause of his impaired behavior," the judges found.
Simply: drivers who are hung over from using cocaine can be considered impaired even if the drug is no longer in their systems.

If driving with a headache that is induced by having drank to much, or taken cocaine yesterday when is it going to become a crime to simply drive with a headache? You're just as impaired if the headache is caused by bright sun as you are if it was caused by a hangover.

Does New Jersey have some kind of bar exam requirement that requires lawyers be insane?

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