Show Notes – Revolution Radio 2023-07-26 #94

Hour 1
Hour 2

Police force a false confession from a 15-year-old. And why police can shove a Taser up your arse, without repercussion (generally).

Hour 1

(at 2 minutes)

Interrogation video shows how cop got teen’s false confession

This interrogation video shows how Waukegan police led a teen into a false confession

In this interrogation video obtained by WBEZ, a Waukegan detective steers a 15-year-old to make statements implicating himself in the Feb. 4, 2022, shooting of a Dollar General clerk. After the teen’s basketball team proved an alibi, prosecutors dropped charges. This past May, the teen’s family agreed to a $200,000 settlement with the City of Waukegan.

https://www.wbez.org/stories/interrogation-video-shows-how-cop-got-teens-false-confession/7db602c6-0e44-4d69-82d5-f2280442a0f9

Teacher Realized He Is Going To Jail For Being A Pedo

(at 24 minutes)

On 21st February 2019, one girl came home crying after her classes at Boggy Creek Elementary.

This girl was somewhere between 6 and 8 years old, and despite the hesitation and embarrassment, she told her parents, and later the police, that one of the substitute teachers “began touching her while explaining an assignment as he was sitting at his chair”

When the parents reached out to the authorities, they uncovered the substitute teacher to be 19-year-old Syed Yaseen Asher (Said Yaseen Ah-sure).

From his 3 months as a teacher to becoming a registered sex offender, this is the horrid case of Syed Yaseen Asher.

Supreme Court Agrees to Hear Challenge to Asset Forfeiture Scheme Where Police Seize and Keep Cars, Cash & Homes of Innocent Owners

(at 45 minutes)

In filing suit against the state, Culley and Sutton claimed a violation of their due process rights under the Fourteenth Amendment because they were not provided with a prompt hearing for the opportunity to keep possession of their vehicles pending trial.

Both the district court and the Eleventh Circuit Court of Appeals dismissed the lawsuits. In filing an amicus brief (https://www.rutherford.org/files_images/general/7-20-23_Culley_Merits_Amicus.pdf) with the Supreme Court in Culley v. Marshall, Rutherford Institute attorneys argue that the government’s practice of delaying forfeiture hearings for over a year violates due process rights and leverages severe hardships against innocent owners, often forcing them to give up and settle with the government so they can recover some of their property.

https://www.rutherford.org/publications_resources/on_the_front_lines/supreme_court_agrees_to_hear_challenge_to_asset_forfeiture_scheme_where_police_seize_and_keep_cars_cash_homes_of_innocent_owners

Pop quiz

(at 52 minutes)

Hour 2

IRS Use Of Common Law Right Of Action Tax Deficiencies

Can the Government Sue for Tax Debts Outside Internal Revenue Code Procedures?

The district court denied the motion to dismiss in a strongly worded order, concluding that “dual avenues of tax collection exist and are well recognized” and finding that the LGI’s interpretation of IRC Section 6213(a) was erroneous. To reach its conclusion, the district court had to determine that (1) there was sufficient support for the DOJ’s asserted common law right to sue on a tax deficiency and (2) that IRC Section 6213 does not prohibit such an action.

https://www.natlawreview.com/article/can-government-sue-tax-debts-outside-internal-revenue-code-procedures

My Educational efforts and helping people

(at 14 minutes)

Can they impound your vehicle
for parking tickets?

(at 23 minutes)

Coalition on Homelessness v. City and County of San Francisco

In a challenge to the San Francisco Municipal Transportation Agency’s policy of towing safely and lawfully parked vehicles without a warrant based solely on the accrual of unpaid parking tickets, the Coalition argued that the warrantless tows are unreasonable seizures within the meaning of article I, section 13 of the California Constitution and the Fourth Amendment to the U.S. Constitution. The trial court denied a motion for a writ of mandate and declaratory and injunctive relief.

The court of appeal reversed. The challenged warrantless tows are not permissible under the vehicular community caretaking exception to the Fourth Amendment’s warrant requirement. The defendants have not shown that legally parked cars with unpaid parking tickets that present no threat to “public safety and the efficient movement of vehicular traffic” may be towed under that exception. The court rejected an argument that the governmental interest in deterring parking violations and nonpayment of parking fines justifies warrantless tows under the vehicular community caretaking exception. The tows at issue may not be justified by analogy to warrantless property seizures in the forfeiture context.

https://law.justia.com/cases/california/court-of-appeal/2023/a164180.html

Do jailers get qualified immunity if they tase your ass while you are having a epileptic seizure?

(at 29 minutes)

Austin v. City of Pasadena, No. 22-20341 (5th Cir. 2023)

Plaintiffs claimed law enforcement officers violated the Constitution when they responded to a detainee’s epileptic seizure in a jail cell by restraining and tasing him several times. The district court either dismissed or granted summary judgment on all claims in favor of the Defendants.

https://law.justia.com/cases/federal/appellate-courts/ca5/22-20341/22-20341-2023-07-18.html

Insurance claims are based in contract law

It’s all about the words on the paper.

CC 145 Main, LLC v. Union Mutual Fire Insurance Company

(at 37 minutes)

CC 145 Main filed a complaint seeking a declaration that the water exclusion does not apply to its claim. Union Mutual filed a motion for summary judgment, arguing that the damage at issue was caused by water that overflowed from “drains” within the meaning of the exclusion.

The trial court concluded it was unclear whether the word “drain” in the water exclusion applied to shower and toilet drains and, therefore, the water exclusion was ambiguous and had to be construed in favor of CC 145 Main.

https://law.justia.com/cases/new-hampshire/supreme-court/2023/2021-0376.html
Donegal Mutual Insurance Company v. Thangavel

(at 44 minutes)

The complaint filed by Seaford Apartment’s insurer, Donegal Mutual Insurance Company, alleged that the tenants hit a sprinkler head while they flew a drone inside the apartment.

Water sprayed from the damaged sprinkler head and caused damage to the apartment building. Seaford Apartment filed an insurance claim with Donegal, who paid $77,704.06 to repair the water damage.

https://law.justia.com/cases/delaware/supreme-court/2023/379-2022.html

Parallels between flat-earthers, all-capers, and qualified immunity

(at 47 minutes)

My commentary. And let’s throw in ‘not having to pay property taxes’.

“The illiterate of the 21st century will not be those who cannot read and write, but those who cannot learn, unlearn, and relearn.”

Alvin Toffler

Credits

Danheim – Mannavegr (Full Album 2017) Viking Era & Viking War Music
https://youtu.be/8tilKaOINmE

Waffenruhe – War Chant Ritual
https://youtu.be/brczxLKD9jY

Sector Space
https://sectorradio.ru/space/

Mason Proffit – Two Hangmen
https://youtu.be/CC3yZdG_2B

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