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http://www.chron.com/cs/CDA/story.hts/editorial/405326?R787332152

Editorial in the Houston Chronicle

"Dec. 14, 1999, 5:13PM

WHO'S IN JAIL? High court rules states can keep it a secret

The U.S. Supreme Court ruled last week that states may withhold any and all information about the people that police arrest.

The ruling ostensibly allows states to protect the privacy of those who are arrested, but it also gives states the option of letting local police forces behave like a dictatorship's secret police.

The case involves a California law that lets news media, private detectives and professors have access to the names and addresses of arrestees, but not companies that sell the information or use it for marketing purposes.

That law, which the court upheld, is too restrictive of public information, but Chief Justice William Rehnquist's opinion says states may deny access to any information in their possession and, furthermore, may keep all information about arrests secret from everyone.

Texas has a law that restricts information about auto accidents. The law is in limbo pending a state judge's ruling on its constitutionality, but the U.S. Supreme Court's ruling in the California case sadly comes down on the side of restricted information.

In its broadest application, the court's ruling could weaken Americans' crucial rights to equal protection and a fair trial. If the police can arrest people without revealing that fact, the police can, in effect, cause people to disappear without a trace."

What happens when your outspoken neighbor disappears and his house is locked up? You can't get a writ of Habeas Corpus until you know the person is arrested.

"Face the ditch please."


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The New World Order has a Third Reich odor.
 
On the other paw, an arrest is not a conviction. If I arrest you for Sexual Assault on a Minor charge that later turns out to be false, do you want a record of your arrest to appear in the local paper?

Remembering that (in Texas, at least) the County Jail is where people are held prior to trial and conviction and/or acquittal. People are also held in County Jail after conviction of misdemeanor crimes.

"If the police can arrest people without revealing that fact, the police can, in effect, cause people to disappear without a trace."
Umm...doesn't say anything about not allowing them to make their two (2) phone calls after booking. Or posting bail/bond.

"What happens when your outspoken neighbor disappears and his house is locked up?"
He calls his lawyer and his wife. Or bail/bond company. Or his boss. Or his mom and dad.

What DOESN'T happen? He doesn't become the town pariah if he gets exonerated in the next couple of weeks. He/She doesn't get labeled as the worst kind of scum, even though he/she is innocent.

Just a couple of thoughts.

;)LawDog
 
I don't think this Rehnquist has the chilling effect that is feared here. Such a ruling is geared towards the privacy interests of the accused and does not deny such information to their attorney. So, if the atty asks, (s)he'll be told/shown everything. If the National Enquirer asks, they'll be shown the door. Sounds fair to me.

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Vigilantibus et non dormientibus jura subveniunt
 
Lawdog..

Concise and precise points. Good to have a wide sight picture, is it not? :)

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"Quis custodiet ipsos custodes" RKBA!
 
Good, valid points, Lawdog. Thank you. I thought the editorial a bit hyperbolic, but I'd rather see an overeaction that a ho-hum comment. If there's no squawking, they can implement the next increment, like NO phone calls, etc.

Tpoic Drift: It's along the lines of Lady Bird Johnson's "Beautify America" campaign against billboards. That law is now being used to put a Texas lawyer is in hot water ($1000 a day fine). He posted a message alongside the roads to urging people to resist the intimidating and illegal vehicle searches, which some Texas cops are evidently doing "to fight drugs". (There's a picture on the thread, so I'll just post the URL) http://www.freerepublic.com/forum/a3856dd3303fe.htm

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The New World Order has a Third Reich odor.
 
Hey LawDog;

Thanks for taking the time to made that succinct point.

It is certainly true that an arrest is not
a conviction, but if there need be no report on an arrest, why bother with a trial at all?

Round 'em up, lock 'em up, toss away the key.

Trial? what trial?
 
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