10-31-03

Lowell, Massachusetts Police asked Christopher Holden if he would like to take anything from his car before they took him to the station to be booked on motor vehicle charges last night.

Police say he pulled a one-pound bag of marijuana out of the trunk. Holden, 21, of 55 Roper St., now faces charges of possession of the drug, with intent to distribute.

Holden was pulled over at School and Shaw streets about 11 p.m. when an officer spotted him driving with a cracked windshield. He was arrested when a check revealed that the car was not licensed or registered.

Holden took a child's car seat out of the back seat and then opened the trunk. He took a bag out and an officer smelled a strong odor of marijuana coming from the bag. A smaller plastic bag containing a pound of marijuana, with an approximate street value of $6,000, was seized.

A teenager has confessed to 43 unsolved thefts after getting one of his arms trapped in a cigarette vending machine for half an hour.

Officers from Nagata Police Station arrested the unidentified 19-year-old after he admitted that he had already taken scores of cigarette packets from the vending machine, reports Mainichi Daily News.

When an officer asked him what he was doing, the unemployed teenager said: "Trying to steal more cigarettes, but I can't get my arm out."

A newspaper deliveryman found the teenager squatting in front of a tobacco vending machine and alerted police.

Firefighters were also called to the scene and poured soapy water over the teenager's right arm to help slide it out.

After this failed, police officers used the key to the machine to open it, releasing the teenager after being trapped for around 30 minutes.

One firefighter said: "I've never heard of firefighters being called to deal with this kind of problem."

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History of Veteran's Day

Official recognition of the end of the first modern global conflict -- World War I - - was made in a concurrent resolution (44 Stat. 1982) enacted by Congress on June 4, 1926, with these words:

WHEREAS the 11th of November 1918, marked the cessation of the most destructive, sanguinary, and far reaching war in human annals and the resumption by the people of the United States of peaceful relations with other nations, which we hope may never again be severed, and

WHEREAS it is fitting that the recurring anniversary of this date should be commemorated with thanksgiving and prayer and exercises designed to perpetuate peace through good will and mutual understanding between nations; and

WHEREAS the legislatures of twenty-seven of our States have already declared November 11 to be a legal holiday;

THEREFORE be it Resolved by the Senate (the House of Representatives concurring), That the President of the United States is requested to issue a proclamation calling upon the officials to display the flag of the United States on all Government buildings on November 11 and inviting the people of the United States to observe the day in schools and churches, or other suitable places, with appropriate ceremonies of friendly relations with all other peoples.

An Act (52 Stat. 351; 5 U. S. Code, Sec. 87a) approved May 13, 1938, and the 11th of November in each year a legal holiday - - a day to be dedicated to the cause of world peace and to be hereafter celebrated and known as "Armistice Day.”

Armistice Day was primarily a day set aside to honor veterans of World War I, but in 1954, after World War II had required the greatest mobilization of soldiers, sailors, marines and airmen in the Nation's history; after American forces had fought aggression in Korea, the 83rd Congress, at the urging of the veterans service organizations, amended the Act of 1938 by striking out the word "Armistice" and inserting in lieu thereof the word "Veterans. " With the approval of this legislation (Public Law 380) on June 1, 1954, November 11th became a day to honor American veterans of all wars.

The defendant’s niece told her mother that the defendant had sexually assaulted her in their home, apparently after driving her there in his truck. The girl claimed that the defendant had worn a condom while he was in the house, but seemed to be doing something inside his truck before he pulled up his pants.

The parents of the niece went to the house the defendant shared with his parents, but found it empty. They tried to get in to the defendant’s truck, which was locked, and eventually found a spare key to unlock the truck.

When they searched the truck, the parents found a used condom and an adult videotape hidden under the seat. Eventually, the girl and her parents gave this evidence to the police, and a prosecution was initiated for aggravated sexual assault.

The defendant moved to suppress the evidence that had been seized from his truck, claiming that it was the product of an illegal search. The State argued that the vehicle exception to the warrant requirement should be applied to the actions of the niece’s parents. The trial court denied the suppression motion, and the defendant pled guilty before appealing the suppression ruling.

Holding: “For the search to be illegal under federal law, the search must be the result of state action by state agents. Neither the Fourth Amendment nor the Texas Constitution requires trial courts to exclude incriminating evidence that was obtained by a private citizen’s illegal search.”

Any evidence seized from the defendant’s truck by his niece’s parents should have been suppressed if the search was illegal. Burglary of a vehicle is an offense under Section 30.04 of the Penal Code if a person breaks into or enters a vehicle without the effective consent of the owner, and with intent to commit any felony or theft.

It was clear from the evidence in this case that the niece’s parents entered the defendant’s truck without his effective consent. They did not, however, intend to deprive him of any property found in the truck. Instead, they were searching for evidence, which they turned over to the police.

Because there was no intent to deprive the defendant of his property, entry into the truck was not a violation of criminal law. Absent an illegal search, Article 38.23 does not require the suppression of the article found in the search of the truck. It was not error for the trial court to deny the suppression motion.

COMMENT: Texas is unlike most jurisdictions in requiring suppression of evidence seized illegally by private persons who are not acting as agents of law enforcement. The court in this case finds no illegal search – and no need to suppress – because the parents’ entry into the truck was not for the purpose of committing theft. This conclusion seems at least to be a question of facts that might be resolved differently by a jury, as could happen in a case with similar facts but not involving a search for evidence. The court also does not mention the possibility that the entry might have constituted criminal trespass. Perhaps more importantly, it seems very likely that the court would have characterized the entry to look for evidence an “illegal search” if it had been conducted in exactly the same way by a law enforcement officer. Jenschke, v. State, No. 04-01-00793 (Tex. App. – San Antonio, 7-23-03).

Email boxes are filling up with more offers for business opportunities than any other kind of unsolicited commercial email. That's a problem, according to the Federal Trade Commission, because many of these offers are scams.

The FTC has identified the 12 scams that are most likely to arrive in consumers' email boxes. The first of the "dirty dozen" are:

These business opportunities make it sound easy to start a business that will bring lots of income without much work or cash outlay. The solicitations trumpet unbelievable earnings claims of $140 a day, $1,000 a day, or more, and claim that the business doesn't involve selling, meetings, or personal contact with others, or that someone else will do all the work. Many business opportunity solicitations claim to offer a way to make money in an Internet-related business. Short on details but long on promises, these messages usually offer a telephone number to call for more information. In many cases, you'll be told to leave your name and telephone number so that a salesperson can call you back with the sales pitch.

The scam: Many of these are illegal pyramid schemes masquerading as legitimate opportunities to earn money.

From the Chaplain

Keep Your Eye on the Cow!

There was once a farmer who was trying to teach his son how to plow a straight furrow. After the horse had been hitched up and everything was ready, he told the boy to keep an eye on some object at the other end of the field and aim straight toward it. “Do you see that cow lying down over there?” he asked. “Keep your eye on her and plow straight ahead.”

The boy started plowing and the farmer went about his chores. When he returned a little later to see what progress had been made, he was shocked to find, instead of a straight row, something that looked like a question mark. The boy had obeyed his instructions. The trouble was, the cow had moved!

God is an object that will not move. He is the foundation of our faith, the faithful Rock who never moves, never changes in his love for us. We can be sure that if we set our eyes on him, our path will be straight!

Find the Bird...