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Brackney said Woods re-engagement of Gilmore after apparently turning to leave, and not explaining to Gilmore why he wanted to see a license, made the incident that followed a violation of department policies.

Wood immediately re-engaged. Wood failed to articulate or justify his reason to reengage and reacted solely upon being challenged, Brackney said.

Gilmore, through his attorney Jeff Fogel, filed complaints with police accusing Wood of bias-based policing and violations of the Fourth Amendment for detaining, handcuffing and searching him and using excessive force.

Police ruled the bias charge unfounded because there were no racial slurs used or race-based reason for Wood to talk with Gilmore

Brackney said the internal affairs investigation found that Woods force in the takedown was not excessive because his seeking a drivers license for someone who he had seen driving was legitimate.

Wood articulated in his reports, although he did not articulate it to Mr. Gilmore, that he observed Mr. Gilmore driving, Brackney said. A license is required to drive a vehicle.

In a Feb. 23 letter to police, Fogel disagreed.

Race need not be the sole basis for detention or interdiction to violate the Fourteenth Amendments equal protection clause, he wrote. One would need to look at Officer Woods history with the department and any other evidence that may touch on his treatment of Black people. You did no investigation of this question and offer no reason why Officer Wood acted the way he did.

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Officers who police say violated rights and policies are off the force - The Daily Progress

Reader submissions, Special to The Desert Sun Published 10:53 a.m. PT March 21, 2021

A screenshot shows an animal rights activist attempting to stop a member of the S at Rancho Mirage from shooting birds on March 4.(Photo: video courtesy of Bettina Rosmarino)

Re: "Rancho Mirage bird shoot canceled," Page A1, March 20.

How could anyone with a soul and a heart kill an innocent bird or any animal? These barbarians forget that they are Gods creatures and they will not be forgiven when they die and try to get into heaven.

Killing innocents who have done nothing wrong to be shot out of the sky to suffer a very cruel death? It is likely they will be going where it is very hot for eternity.

Much gratitude goes out to the animal activists who tried to stop them.

Lisa Robertt, Indio

Re: Letters, March 9.

Seriously? Mr. Berger really thinks that throngs will visit the art museum because of the road closure and "Forever Marilyn"?

As a museum member of many years, I agree that throngs of hundreds did visit the museum after or before viewing Marilyn when she was placed downtown in the past. Unfortunately, that only happened on Thursday nights when the museum was free.

The rest of the time, meh, not so much.

Reinstall "Forever Marilyn" where it isnt a travesty in front of the museum and keep Museum Way open as a needed traffic diversion from Palm Canyon. Win-win.

Barb Kaplan, Palm Springs

Just as Gov. Andrew Cuomo revealed himself to be the worst of all possible combinations, that of ignorance and arrogance, causing the deaths of thousands in New York, we are now seeing the same ignorance and arrogance repeated by the Biden administration.

Our southern border is being invaded by South America. And while the Biden administration saysCOVID-19 testing is being done, nothing is being said about those who are crossing the border undetected. Those people are making their way into the population, spreading out and spreading whatever infectious diseases they may have.

According to the Border Patrol, theres more to worry about than COVID-19. I have the distinct impression that many who voted for Biden are about to experiencebuyers remorse, on a scale no language can describe.

Charles Gabriele,Bermuda Dunes

The first year I voted in a presidential election was 1956. I voted for Eisenhower. The Republican Party platform for that election included federal assistance to low-income communities, protection of Social Security, asylum for refugees, extension of the minimum wage, increased coverage for unemployment benefits, strengthening of labor laws so that workers could easily join unions, and assuring equal pay for equal work.

Today, this would be labeled a radical leftist socialist agenda."Liberal" and "progressive" have become nasty words.The party that once stood for the abolition of slavery, voting rightsfor women and fiscal responsibility has become the party of white supremacy, voter suppression and huge tax cuts for the persons who need them the least.

Both parties have moved to the right of Eisenhower.

Dwight Fine, Palm Springs

Recently, everything gets politicized or someone's feelings come into play. Should we wear a mask? Is it ok to take the vaccine?Was the election a fraud?

Why not let the scientists and doctors decide the medical issues?If the doctor says to wear a mask, then you must wear a mask. Why would a politician know more than a doctor or a biologist? Read Dr. Mona inthis paper and you are covered. Why turn the election into a political item?What is the evidence and what does it point to?Who cares whether you are a Republican or a Democrat?Let's look at the facts and get to the truth.

So, look only at nonpartisan news, and assess the facts with your brain, and do your own thinking.There are a lot of angry people around whose brain capacity is obliterated by emotions, opinionsor political leaning.Learn to listen to the other side they can't always be wrong, because if they are, there is something wrong with your line of reasoning.

Opinions, feelings, and politics don't count. Your brain does, and if you use it wisely, a lot of discord can be eliminated, and we can move forward. This is how we heal our country, no matter what anyone says.

Alan Goldstein, Rancho Mirage

The recent opinion piece (Bob Henry, Valley Voice, March 1) on repealing the second amendment was very disturbing. Removing guns from law-abiding citizens and giving government control over guns reeks of pure socialism and the unlimited control of individual rights.

The authors of the Constitution personally all suffered the injustices of tyranny and the denial of individual rights. The Bill of Rights was written to ensure the freedoms they were denied could be restored for the new nation. The authors were acutely aware of the evils of total government control and without protections written in law that our freedoms could be again taken away.

Repealing the Second Amendment would turn many Americans into criminals. The next step would be to remove the guns from owners.That would require search and seizure so repealing the Fourth Amendment's rights would be necessary.Where would it end?

The author of the opinion piece, a retired public school educator, contends no one needs guns for their protection as we have police for that. Unfortunately, the police are being defunded by liberal progressives who believe we don't need them. It is unfortunate for the youth of America that public education and higher learning schools offer too much political and social bias from "educators."

James Dravage, Indio

Read or Share this story: https://www.desertsun.com/story/opinion/readers/2021/03/21/letters-kudos-those-who-stopped-bird-shoot-and-marilyn-wont-help-museum/4775007001/

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Letters: Kudos to those who stopped the bird shoot. And Marilyn won't help the museum. - Desert Sun

The Fourth Amendment stands for the principle that the government generally may not search its people or seize their belongings without appropriate process and oversight. Today, we are at a jurisprudential inflection point as courts grapple with when and how the Fourth Amendment should apply to the data generated by technologies like cell phones, smart cars, and wearable devices. These technologies which we rely on for enhanced communication, transportation, and entertainment create detailed records about our private lives, potentially revealing not only where we have been but also our political viewpoints, consumer preferences, people with whom we have interacted, and more. The resulting trove of information is immensely valuable to law enforcement for use in investigations and prosecutions, and much of it is currently available without a warrant.

This paper describes how the U.S. Supreme Courts 2018 decision inCarpenter v. United Stateshas the potential to usher in a new era of Fourth Amendment law. InCarpenter, the Court considered how the Fourth Amendment applies to location data generated when cell phones connect to nearby cell towers. The Court ultimately held that when the government demanded seven days of location information from defendant Timothy Carpenters cell phone provider without a warrant, it violated the Fourth Amendment. The decision sits at the intersection of two lines of cases: those that examine location tracking technologies, like beepers or the Global Positioning System (GPS), and those that discuss what expectation of privacy is reasonable for information disclosed to third parties, like banks or phone companies. In reaching its conclusion that a warrant was required, the Court upended existing precedent, ruling for the first time that location information maintained by a third party was protected by the Fourth Amendment.

In exploring the Courts decision inCarpenterand its application to data from a variety of technologies such as GPS, automated license plate readers (ALPRs), and wearables this paper argues that it is incumbent on courts to preserve the balance of power between the people and the government as enshrined in the Fourth Amendment, which was intended to place obstacles in the way of a too permeating police surveillance. Moreover, in determining the scope of the Constitutions protections for data generated by digital technologies, courts should weigh the five factors considered inCarpenter: the intimacy and comprehensiveness of the data, the expense of obtaining it, the retrospective window that it offers to law enforcement, and whether it was truly shared voluntarily with a third party. Section I is an overview of Fourth Amendment jurisprudence. Section II discusses theCarpenterdecision and its takeaways. Section III appliesCarpenterto various surveillance technologies and looks ahead at how Fourth Amendment jurisprudence might continue to develop in the digital age.

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The Fourth Amendment in the Digital Age - brennancenter.org

The Standing Committee of the 13th National Peoples Congress, Chinas top legislature, adopted the Fourth Amendment to the 1984 Chinese Patent Law on October 17, 2020. The Fourth Amendment follows a series of amendments that were last adopted in 2008 and will become effective on June 1, 2021. Among the provisions is Article 76, establishing a new pharmaceutical patent linkage system modeled after the U.S. Hatch-Waxman Act. Article 76 of the Fourth Amendment was implemented in accordance with Article 1.11 of the Economic and Trade Agreement Between the Government of the United States of America and the Government of the Peoples Republic of China.[1]

Key provisions of Article 76 of the Fourth Amendment include:

There are several key differences between the U.S. Hatch-Waxman system and the new Chinese law. Chinas patent linkage system is not limited to small molecules and also includes biologics and traditional Chinese medicine. Further, China provides a much shorter stay period of only 9 months. This 9-month stay period only applies to small molecules and excludes biologics or traditional Chinese medicine. The market exclusivity period for first generic entrants (12 months), however, is far longer than that of the United States (180 days).

The patent linkage system for pharmaceutical patents in China is just developing, and the resolution mechanism for patent disputes under Article 76 of the Fourth Amendment currently lacks detail for both generic market entrants and patentees. One notable piece of information missing in the current legislation is whether there is an obligation for the generic market entrants to notify the patentee of the non-infringement statement. In this regard, stay tuned for updates on finalized draft rules, which are expected to provide further guidance on Chinas new patent linkage system.

[1]The text of the Phase One Trade Agreement with China (2020) is available at: https://ustr.gov/sites/default/files/files/agreements/phase%20one%20agreement/Economic_And_Trade_Agreement_Between_The_United_States_And_China_Text.pdf. Article 1.11 begins on page 1-6 on Chapter 1 (page 7 of the PDF).

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Chinas Hatch-Waxman Act: Patent Linkage System Implemented in the 4th Amendment to the Chinese Patent Law - JD Supra

In a federal lawsuit filed earlier this week, Kenneth Walkerthe boyfriend of 26-year-old EMT Breonna Taylor, who was fatally shot by police in her apartment last Marchalleges that Louisville police flagrantly violated his and Taylors Fourth Amendment rights during the violent raid. To help him make that case, he has retained two Washington constitutional law experts: former US solicitor general Donald Verrilli Jr. and Georgetown Law professor Cliff Sloan.

Its very important for him to get vindicationto get justice and accountability, says Sloan of his client. Its also a way to honor the memory and life of Breonna Taylor, and of trying to ensure that nothing like this happens again.

Taylors death, along with the killing of George Floyd, marked a turning point for the Black Lives Matter movement, and became a primary motivator of last summers racial justice demonstrations. According to Walkers complaint, he and Taylor thought her apartment was being broken into when they were disturbed by loud banging on the door after midnight on March 13, 2020. Walker alleges that Taylor repeatedly called out to the intruders to identify themselves but the officers outside never did. The lawsuit describes how the intruders burst in, and how Walker, a licensed gun-owner who believed armed assailants were in the home, fired a round. The officers, according to the complaint, responded with a fusillade, killing Taylor.

So-called no knock search warrants, says Sloan, are plainly illegal. Its a constitutional requirement that police knock and announce themselves, unless there are special circumstances, like its very dangerous. Not only were there no such circumstances in this case, says Sloan, but police got their warrant for Taylors apartment based on fraudulent information. The lawsuit alleges that a detective obtained the warrant by falsely stating hed verified that packages for a suspected drug-dealer had been sent to the address. (No drugs were found in Taylors apartment.)

Walker has several Louisville attorneys on his team, too. One of them is an old family friend of Sloans, which is how Sloan got involved. Sloan, in turn, recruited his longtime friend, Verrilli. Both DC lawyers are experienced Supreme Court advocates, which could potentially come in handy. We think that the law is clear and settled about the violation of [Walkers] constitutional rights, but were prepared to litigate this vigorously at every stage, including going to the Supreme Court if necessary, says Sloan. He points out that in past Supreme Court cases involving Fourth Amendment protections against unreasonable searches and seizures, the thing the justices have emphasized including justices like Justice Scaliais that the point of a knock-and-announce is exactly to avoid danger, and this exact situation.

Beyond Walkers specific claims, the lawsuit also alleges a pattern of problematic search warrants within the Louisville Metropolitan Police Department, and a failure to train officers in using reasonable force. Walker does not specify a damages amount.

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Senior Editor

Marisa M. Kashino joined Washingtonian in 2009 as a staff writer, and became a senior editor in 2014. She oversees the magazines real estate and home design coverage, and writes long-form feature stories. She was a 2020 Livingston Award finalist for her two-part investigation into a possible wrongful conviction stemming from a murder in rural Virginia. Kashino lives in Northeast DC.

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Two High-Powered DC Lawyers Have Jumped into the Breonna Taylor Case - Washingtonian