New Mexico Police Fatal Shooting of Woman After Car Chase Over “Perceived Moving Violation” That Local Cops Wouldn’t Join Ruled Justified

shot by copNew Mexico state trooper Oliver Wilson shot at
Jeanette Anaya and her car 16 times at the end of a pursuit that
began over what the District Attorney says Wilson called a
“perceived” moving violation. Although the DA said she did not see
evidence of a moving violation, a grand jury which investigated
only the moments before the shooting ruled the police officer’s
actions
justified
. Anaya, according to a surviving passenger in the
car, as well as the DA, tried to avoid being stopped by police out
of a fear of being arrested on a warrant for a “low-level
concealing identity charge.”

Despite the apparent lack of a justifiable cause to compel Anaya
to stop in the first place, the DA appeared to blame the victim in
the shooting, saying Anaya “was so fearful of getting arrested she
lost her life, according to the Albuquerque Journal. As to
the fact pattern surrounding the shooting, the Journal

reports
:

Before the shooting, officer Wilson used a driving
maneuver to force Anaya’s Honda sedan to stop on Camino Carlos
Rey.

The State Police have said previously Anaya was “aggressively”
backing toward the officer after he got out of his patrol car.
Reconstruction of the incident and [passenger Jeremy] Munoz’s
testimony indicated that Anaya did in fact backup toward Wilson’s
car, said [district attorney Angela] Pacheco.

As Wilson got out of his patrol car at the end of the chase, Anaya
“was revving the vehicle,” Pacheco said in relating the officer’s
testimony, although she said Wilson’s dash-cam video does not show
Anaya’s vehicle when it traveled in reverse toward him…

The officer, who’s been with the State Police for less than two
years, testified “he was in fear of his life and he was
terrorized,” Pacheco said.

Will Wilson face charges for forcing Anaya’s car to stop despite
appearing to lack a justifiable cause to? Don’t count on it, even
though local cops in Santa Fe refused a request to join the chase
because the State Police could not provide a reason it was
happening. The incident provides another tragic example of the need
for stricter rules about when police are allowed to pursue
vehicles, whether on open roads or in city traffic, especially for
reasons as flimsy as “perceived” moving violations.

Most of the 16 shots Wilson fired at Anaya’s car were while it
was moving away from the officer, according to the DA, who
suggested the copwas trying to stop her from fleeing. Anaya was
fatally shot in the back and neck. A state toxicology report
apparently found cocaine in Anaya’s system, but the
Journal says it wasn’t mentioned in the DA’s report on the
grand jury’s findings. Anaya’s family’s attorney wouldn’t comment
on whether a lawsuit was forthcoming.

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Paul Detrick: Harassed for Taking Photos

Shawn NeeIn
October 2009 Shawn Nee, an award-winning photographer, was stopped
by officers from the Los Angeles County Sheriff’s Department (LASD)
while taking pictures of turnstiles in the L.A. subway. According
to the officers, Nee was engaged in “suspicious terrorist
activity.” This sort of encounter, says Paul Detrick, in which
local cops harass ordinary citizens engaged in constitutionally
protected behavior, has become disturbingly frequent in cities
nationwide, largely because federal anti-terrorism funding has made
local law enforcement agencies major participants in the War on
Terror.

View this article.

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A.M. Links: House Approves Trillion Dollar Spending Bill, LAPD Testing Body Cameras, 2013 Hot and Wet

  • kinda like 2013The House of Representatives overwhelmingly

    approved
    a 1,582-page, trillion dollar spending bill.
  • Computer security experts are
    warning
    the government that the Obamacare website is not
    protected from hackers.
  • The DEA’s chief of operations
    called
    state efforts to legalize marijuana “reckless and
    irresponsible.”
  • The LAPD is testing
    body cameras for 90 days with 30 cops who volunteered to wear
    them.
  • The IMF’s Christine Lagarde
    thinks
    this could be the year the global economy finally gets
    better.
  • The French ambassador to the UN
    explained
    his country had underestimated the level of hatred
    between Muslims and Christians before intervening in the Central
    African Republic.
  • 90 percent of Egyptians
    voted
    to approve the new constitution, in an election boycotted
    by the banned-again Muslim Brotherhood.
  • 2013 was a hotter and wetter than average year in the U.S.,

    according
    to government data.
  • Oscar nominations were announced
    this morning. 12 Years a Slave, Gravity, and American Hustle lead
    in nominations, while Jeremy Scahill’s documentary about U.S.
    covert warfare, Dirty Wars, also received a nomination. Maybe the
    First Lady will announce that winner this year?

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Andrew Napolitano on Obamacare's Threats to Religious Freedom

Statue of LibertyToday, writes Andrew Napolitano, the free
exercise of religion is under attack by the government. When
Congress enacted the Affordable Health Care Act—which Napolitano
prefers to call Obamacare because it is President Obama’s
brainchild, his signature legislation, and because there is nothing
affordable about it—members of Congress must have known that the
law would impose obligations upon persons that would force them to
engage in behavior in violation of their religious beliefs.

View this article.

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Andrew Napolitano on Obamacare’s Threats to Religious Freedom

Statue of LibertyToday, writes Andrew Napolitano, the free
exercise of religion is under attack by the government. When
Congress enacted the Affordable Health Care Act—which Napolitano
prefers to call Obamacare because it is President Obama’s
brainchild, his signature legislation, and because there is nothing
affordable about it—members of Congress must have known that the
law would impose obligations upon persons that would force them to
engage in behavior in violation of their religious beliefs.

View this article.

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Midnight on The Independents: Judge Napolitano, John Stossel, Peter Suderman, and TV’s Andy Levy Talk Executive Power, Obamacare, Economic Freedom, E-Cigs, and More!

Finally! |||Tonight
when the gong strikes 12 in the east, your latest episode of
The
Independents
will roll off the Fox Business Network
factory shelves. (As in
last night
and also this coming Friday, the usual 9 pm hour is
pre-empted by live coverage of the
Barrett-Jackson car auction
.) This installment is jam-packed
with hot libertarian action, including:

* Andrew
Napolitano
talking about the
National Security Agency
, America’s
recently reaffirmed

internal checkpoints
, President Barack Obama’s fondness
for executive
power
, and the tension between Obamacare’s contraception
mandate and
nuns
.

* John
Stossel
 previewing his Thursday night documentary about
the regulatory war
on the little guy
, and how stuff like that is causing the U.S.
to slip in global
indices of economic freedom
.

Handsome laddie. |||*
Beloved Reason Senior Editor Peter Suderman
discussing the
latest Obamacare setback
, and also what this week’s
appeals court ruling
means for Net
Neutrality
.

* TV’s Andy Levy on
the
bitchy letter
sent by several senators to the Hollywood Foreign
Press Association about the use of e-cigarettes on the Golden
Globes broadcast; plus the Los Angeles City Council’s latest
brilliant idea for a
$15 hotel-worker-only minimum wage
, and
Beyonce’s flawed gender stats
.

In addition to these topics there will likely be
devil babies
, Francois Hollande’s
First Lady
coin-toss,
shark stunts gone horribly wrong
, and more. As always, join the
heckling both in the comments to this thread, and on Twitter at
@IndependentsFBN.

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Washington, D.C., on Verge of Decriminalizing Marijuana Possession

D.C. policy wonk cocktail parties are saved. Ha! Like the police would ever bust those.One more vote and
Washington, D.C., residents will see
marijuana possession
treated as a minor infraction rather than
a crime.

From Reuters:

The District of Columbia stepped closer to decriminalizing
marijuana on Wednesday when a city council panel approved a measure
that would make smoking a joint in the U.S. capital a violation
comparable to a parking ticket.

Approved unanimously by the city council’s public safety
committee, the bill reduces penalties for possessing less than an
ounce (28 grams) of marijuana to a fine as little as $25.

Eight times more blacks than non-blacks in Washington are
arrested for pot possession, and committee Chairman Tommy Wells
said the measure’s goal was fairness and reducing law enforcement
costs.

“This is a social justice bill that addresses disproportionate
impact,” said Wells, who is among nine candidates for mayor in the
April 1 Democratic primary.

Read more
here
.

Of course, because we’re talking about progressives in charge,
the justification is ill-defined “social justice” and not
individual liberty, but it’s better than nothing. I would like to
believe that if all races were equally arrested, they’d still vote
to decriminalize, right? Right?

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24/7
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at 
@reason247.

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Orange County DA to Appeal Unlawful Ruling of Sex Offender Ban

A small victory for advocates of reforming sex offender laws may
be short lived.

The California Court of Appeal
ruled
on Jan. 10 that an Orange County ordinance banning sex
offenders from parks and beaches is unlawful, yet the Orange County
DA Tony Rackauckas will not concede. He has decided to appeal
the decision of the California Court of Appeal to the California
Supreme Court. The state Surpreme Court should decide within 90
days whether or not to take the case.

“It is foolish for the Office of the Orange County District
Attorney to request further review of the county ordinance,” Janice
Bellucci, president of California Reform Sex Offender
Laws
, said in a press release Tuesday. “After losing two court
battles, this is a waste of taxpayer funding which could be better
spent on addressing methods that increase public safety rather than
provide the public with a false sense of security.”

This ordinance is one of the harshest in the state for sex
offenders, and Bellucci argues that this kind of ban, like most sex
offender laws, is ineffective and does not provide the protection
it suggests.

ReasonTV reported on this ban when it was first enacted in 2011.
Watch below to find out more about the ban and “How Sex Offender
Registries Fail Us”:

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New Hampshire State House First Legislative Body to Vote Yes on Marijuana Legalization Bill

Great news in the long march of marijuana legalization through
the states.

From a Marijuana Policy Project emailed press release, which I
was not able to find on web yet:

The New Hampshire House of Representatives approved a bill
170-162 Wednesday that would regulate marijuana like alcohol. It is
the first time in history that a legislative chamber in the U.S.
has passed legislation to end marijuana prohibition and establish a
legal market for businesses to sell marijuana to adults 21 and
older.

The measure will be referred to the House Ways and Means
Committee to review the revenue aspects of the bill. Regardless of
how that committee votes, the bill will return to the full House of
Representatives for a second vote in February or March. If
approved, it will then be considered by the state Senate…..

HB 492, introduced by Rep. Steve Vaillancourt
(R-Manchester) with a bipartisan group of four
co-sponsors, would make the private possession and home
growing of limited amounts of marijuana legal for adults 21 and
older. It would direct the New Hampshire Department of Revenue
Administration to license and regulate marijuana retail stores,
cultivation facilities, product manufacturing facilities, and
testing facilities. As amended by the House, it would enact a
wholesale tax of $30 per ounce and a sales tax of 15% per
ounce. The House voted down a similar bill 228-89 in
2012….

Sixty percent of New Hampshire adults support HB 492, according
to a WMUR Granite State Poll released in October by the University
of New Hampshire Survey Center. Just 36% said they are opposed. The
entire poll is available at
http://ift.tt/1apYk9h
.

Governor, alas,
vows to veto
.

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