Miami Airport Cop: Did You Know My 9 Year Old Was There?

Good thing about having a blog is that writing a letter that will be answered with some condescending bullshit about "public safety" is no longer necessary. I can just write it here.

Saturday night my wife goes to Miami International Airport to pick up her parents from a 3 week trip.

She entered the "arrival" section at 9:30 p.m. Like most Saturday nights at that hour, there was no one else there. No one.

My wife stops in front of Delta amid a sign: "No Parking Active Unloading Only." Pre 9-11 that meant you could park in the no parking zone, leave your car, go inside and meet your party. Post 9-11, take 2 steps away from the car, and it is obviously a bomb.

But in all seriousness, that sign mean you can be "actively loading" luggage and people while the car is parked, just don't take more than 10 seconds to do it. Eventually it will be required that the car keep driving while the people are trying to get in and load their luggage. Hey, there's a war on terrorism, get with it.

My wife stops, her parents walk out with some luggage. They load the luggage, and walk back in to the airport to retrieve more luggage. Three week trip, lots of luggage.

Officer Friendly appears. His greeting: "I'm sure you can read."

My wife's a lawyer, she reads pretty well, and advises the officer that the luggage in the car was brought out by her parents and they went back in to get more.

"It says no parking, active loading only." "And don't tell me they went back in to get more luggage, I've worked here a long time and I know it all comes out at the same time."

Officer, I was born in Miami, and I can tell you, it is a requirement that all your luggage not come out at the same time. Many of us have memorized the last 6 bags coming around while we wait for that last bag. You know, you hear the truck pull up, and pray to God that your bag is coming.

He's not done, after my wife begs, begs him to just let her remain there, with no other cars around, he relents: "I'm going to be nice and give you 2 minutes."

After he leaves, my 9 year old daughter says "Mommy please, lets just go."

Go?

Yes officer, you scared the crap out of my daughter who was sitting in the car listening to you act like a complete asshole for no reason.

And no, I don't know your name, and I'm not going to waste my time writing a letter to your chief, who will tell me that I "have to understand the times in which we live." I understand that you are a power hungry piece of crap who has no regard for the badge you wear and the impression you leave on people. Did you have to be such a jerk? Could you have not just asked my wife how long she was going to be and if it was going to be more than a couple minutes if she wouldn't mind driving around? Maybe then said hello to my daughter.

You know, it's funny, even as a criminal defense lawyer who deals with an occasional jerky cop, I always encourage my kids to respect the police. Thanks to you, my 10 year old now has her own impression. The last cop she saw gave her mommy a hard time while she was picking up her grandparents from a long trip. Congratulations jerk off.

So I just wanted to say officer May 30, 2009 at 9:30 p.m. by Delta arrivals, grow up. Get off your power trip. We live here and are used to rude cops, but there's plenty of tourists here in Miami (you've been working at the airport "a long time" so you probably know that) who don't need to come here and have the first person they meet, be you.

And you owe my daughter an apology.

Brian Tannebaum is a criminal defense lawyer in Miami, Florida practicing in state and federal court. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. To learn more about Brian and his firm, Tannebaum Weiss, please visit www.tannebaumweiss.com



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The Sotomayor Debate: Why Conservatives Are Scared Of Judges

Conservatives don't trust judges.

This is why we have sentencing guidelines, minimum mandatories, reporting requirements on sentences, and the phrase that everyone likes to say, and no one understands: "legislating from the bench."

About 4 years ago, when this blog was in its infancy, I wrote about "legislating from the bench."

I said this: "Government hates our judges in America. They don't trust them, and they blame them for the state of, well, everything.

The problem is, governments define a bad judge as "one who does not rule they way they are supposed to rule."

The reason for this hatred is mainly because government doesn't understand nor respect the role on an independent judiciary, which has been significantly diminished in the last 20 years due to Congress believing they need to take hold of our court system.

Judges are supposed to be the independent arbiters of justice. Justice is a simple concept, it is fairness.

Fairness is what we determine it to be. If we think someone is guilty, then damn that judge who presides over the trial that finds him not-guilty (not to mention the obviously brain-dead jurors who were following instructions and actually applying the burden of proof).

If we think someone should receive a life sentence, then damn that judge that gives a 30-year sentence. And a judge better not find that a search of someones home was in violation of the Fourth Amendment, especially if there are drugs in the house. That's a no-no.

Most important, judges should never find themselves 'legislating from the bench.'

That is what extreme conservatives say when they are asked what type of judge they want on the Supreme Court. They all answer in the negative, like a church choir - 'we don't want a judge who 'legislates from the bench.'' Ever notice that there is no follow-up question? This is because no one knows what that phrase means. No one.

I do, "legislating from the bench" means to interpret the Constitution in a way that violates someone's political or religious persuasion.

See, the Constitution has been interpreted for years. But if a judge interprets it in a way that creates a right for someone, that is 'legislating from the bench.'

So if the judges on the Supreme Court interpret the Constitution as NOT prohibiting abortion, gay marriage, or the integration of our schools, then they are 'legislating from the bench.'

So it is not that Congress and state legislatures hate our judges because they legislate from the bench, it is because they interpret the Constitution to afford rights to those that 'they' believe should not have them."

In the coming days and weeks, this "legislating from the bench' crap will be a daily retort from those against Sotomayor. Want to end the conversation? Ask this question: 'What specifically do you mean by that?" The answer will be something like: "you know, legislating, from, the bench, making policy. legislating." Follow up with , "Ok, give me specifics."

You legislators ever wonder if the lack of respect for the legislative process brings this about? Respect for passed laws is based on the process in which they are passed.

I'll have respect for the process when I can ask a random sampling of legislators about a law that recently passed, and half of them can tell me what it says.

Brian Tannebaum is a criminal defense lawyer in Miami, Florida practicing in state and federal court. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. To learn more about Brian and his firm, Tannebaum Weiss, please visit www.tannebaumweiss.com



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Memories of Birmingham, Criminals Watching Public TV, And An Arrested Clown

Been busy the last few weeks. Some of us "bloggers" actually have day jobs and aren't as attentive to our "entitled" audience as we'd like to be. So today I bring you three stories that pretty much sum up the state of our criminal justice system today, and the paranoia, hype that surrounds it.

First, Birmingham. Five cops beat the crap out of a jerk who almost ran over one of their own. The guy deserved to have the crap beaten out of him, but not by cops. We as a public are divided on this, as we are divided on what a video actually shows.

With the advent of video, we now get to see what sometimes goes on post arrest. We also get to see how two completely sane people can watch a video and see two different scenes. We have come to hear of the "adrenaline" defense of punching cops - "you know, these guys just have all this adrenaline after one of these chases and you know, they just are so emotional about the whole thing that we understand how they can get so upset and lose control."

Even the media pimps this defense.

Blah blah blah.

If you ever wanted to know why cops don't want interrogations taped, this case is the reason.

Imagine if there was no video. "These cops beat the crap out of me for no reason."

Sure they did.

Cops are professionals, just like anyone else. The day we excuse, and many of us do, the rogue behavior of a professional, we diminish their position in society. Just like a boy should never hit a girl, a cop should never hit a suspect. He should shoot and kill him if he is in danger of the same happening to him, but post-arrest, or once on the ground and not moving - no hitting, no shooting, never.

So now we watch these videos. We all see the same thing, some of us claming that the video doesn't give us "the whole picture."

That's a load of crap as well.

I'm shocked these Birmingham cops were fired so quickly. Happy, but shocked. I was waiting for the weeks and weeks of attorneys appearing on TV pontificating on either side about whether these cops really hit the guy.

Congratulations Birmingham.

And yes, I know, the streets are "less safe" now that they've been fired.

Speaking of safe, you ever wonder what "criminals" do when their not commiting crime? Apparently, according to the Chief of the Ft. Lauderdale Florida police department, they watch public television. This is the reason he wouldn't disclose to the city commission his request for millions in additional funds.

"Police Chief Frank Adderley asked this week for $2.8 million more. He said he needed some of the money to fight rising crime. Commissioner Romney Rogers insisted the commissioners get an accounting of how the money would be used.

Adderley said he didn't want to publicly air his crime-fighting strategies because criminals might be watching the commission on TV."

You sure they're not watching Charlie Rose on PBS?

And the clown arrest.

Seems Patricia Ingalls was arrested for DUI and leaving the scene of an accident in her clown suit.

This is a big story, worthy of a serious discussion: "Are our kids safe when we hire birthday party clowns?"

Watch this clip. The depth of the story, the length, the details, the anchor with the balloon as a prop.

My understanding is that this clown has a decent defense. I hear the other 16 clowns who remained in the car are witnesses. I also understand that the field sobriety exercises will be excluded due to the shoes worn while walking the line. Also, the finger-to-nose test "fail" will be rebutted, as the "honking" noise heard by the cop during this test is explainable.



The biggest issue, of course, will be the inability of the jury to determine from the mugshot whether the defendant in court is the same person who was arrested.



Brian Tannebaum is a criminal defense lawyer in Miami, Florida practicing in state and federal court. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. To learn more about Brian and his firm, Tannebaum Weiss, please visit www.tannebaumweiss.com



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Michael Vick - Game Over

When Michael Vick went to prison I made a bet with a friend that he would never again play in the NFL. I hope I lose.

In America, there are few second chances anymore.

An arrest is a conviction. A prison sentence is a tattoo. The internet bears all, forever, and when harm to animals is involved, forget it.

Employers are less interested in performance and quality in their employees. They are fearful of liability. You can't hire someone who was once arrested, for anything - they may go out and kill someone. The kid pulled over in his Honda Civic with a marijuana joint, will eventually move on to cocaine, buying it from people who promote terrorism as the money goes to Hamas, Al-Queda, and the Taliban. It's all connected perfectly, just ask any legislator.

Miami Herald Sports Writer Greg Cote says Michael Vick deserves a second chance.

Sure he does. He won't get it though.

Michael Vick didn't kill anyone, didn't even send someone to the hospital. He didn't steal from anyone, didn't rob a house or business, didn't buy or sell drugs, he didn't do anything that even the broadest definition (and they get pretty broad these days) of public safety would describe.

Michael Vick was involved in harming, killing animals. The killing of a human being doesn't raise emotions as much as the harming of animals. Disagree? Just walk into a courtroom where an animal cruelty case is being heard, next to the courtroom where a murder case is on the docket. Cote makes the case in mentioning Leonard Little. He killed a woman while driving drunk. He's still playing.

So Cote says in regards to Vick that:

"The bigger issue is whether the rest of us can muster anything close to ''genuine forgiveness'' -- or at least begrudgingly admit that the man has paid his debt and deserves a clean slate and a fair chance to resume his life and livelihood."

Greg, Michael Vick will have paid his debt to society when he dies. Just knock on a few doors in any neighborhood if you disagree. There is little "genuine forgiveness" after a criminal conviction, save for the "wacky liberals" who understand that someone who does their time should be able to re-enter society and move on.

Cote says: "He has not been pampered or gotten off easy, and that's not to mention the ruination of his name and finances."

Greg, people think he should have received the death penalty.

He says "it's time to move on, and to not allow the zealots over at PETA to continue to set the agenda in what seems a concerted effort to unfairly ruin him beyond his time served." He claims "People for the Ethical Treatment of Animals might be insane, by the way. Recently they suggested that the music group Pet Shop Boys change its name to Rescue Shelter Boys. Seriously."

Then Cote mentions the exact reason Vick will not play in the NFL again: "PETA leads the protest league in sanctimony and publicity chasing, turning off more people than they persuade, so let them paint their signs and sing their chants for the TV cameras the day Vick is released from prison."

Greg, right now PETA is thumb tacking the cities of the 30 NFL teams on a huge map on the wall of their office. Note to owner of NFL team that takes Vick: protests, every game, beginning and end, protests at your office, daily, your home, daily, everywhere you are. The NFL meetings, NFL stores, anything NFL. It will never stop.

Cote says (hopes I think) "some NFL team is going to be brave enough to sign a reinstated Vick, even knowing the PETA protests will be daily occurrences -- or at least until some socially incorrect celebrity is spotted on a red carpet wearing fur and the publicity-seeking PETA army gathers its blood-red paint and shifts to a new cause."

As a lifetime dog owner, I disagree.

Then Cote goes off on a tangent, speaking for the minority of the American public that has any perspective on the criminal justice system:

"This is about second chances, though. About the idea of a man not still being charged after he has paid his debt. You can hate what Vick did and still believe it ought not turn into a life or career sentence for him.

I hope most of us are better and bigger than what that attitude portrays."

Oh Greg, you're such a sentimental guy.

Brian Tannebaum is a criminal defense lawyer in Miami, Florida practicing in state and federal court. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. To learn more about Brian and his firm, Tannebaum Weiss, please visit www.tannebaumweiss.com



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Jury Duty - Leave Me The F---- Alone

At least the guy was completely honest: (hard to read, expand once opened)

Jury Duty Response

Brian Tannebaum is a criminal defense lawyer in Miami, Florida practicing in state and federal court. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. To learn more about Brian and his firm, Tannebaum Weiss, please visit www.tannebaumweiss.com



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Fighting Terrorism, One College Kid's Fake ID At A Time

Soon after September 11, 2001, state and local law enforcement, feeling left out of the feds work to "keep us safe," wanted in on the game. Arrests went down due to local cops spending their time trying to find Osama Bin Laden in coffee shops, retail stores, at former DUI roadblocks, anywhere. The tone of law enforcement changed forever - everyone, every-single-person, could be a terrorist. It remains that way today.

Cue the change in how we deal with fake IDs. Used to be the anxious college student walked up to a bouncer at a bar, showed the fake ID (while somewhat looking away), and if the bouncer realized it was fake, life was over. Not over due to an arrest, but due to the bouncer taking it away, a far worse penalty. The night ended early, and there would be no more nights at bars until a new fake ID was obtained. Nightmare.

Now, states have made possession of a fake ID a felony. If it's not fake, its still a misdemeanor, but not "notice to appear" misdemeanor - a jail misdemeanor.

Remember - that fake ID could be used to board a commercial airliner and....well, you know the mindset. What would we do if we let that pasty face 19 year old chemistry major scoot without an arrest, fingerprints, entry into the state database? Today's bar hopper is tomorrows terrorist.

So I have two of these right now here in Florida. A state like every other state - we're broke, and looking for ways to save money in the criminal justice system.

At yesterday's arraignment, I asked the prosecutor on the record if the plea offer was "don't do it again." The judge chuckled. The prosecutor did too. Then she said "no." They want a record. They got, a demand for jury trial. Another case, clogging up the system.

The other case, they're checking to see if he has priors in other states. They "have information" he may have priors. I'm not joking.

All this, in the name of keeping us safe.

Brian Tannebaum is a criminal defense lawyer in Miami, Florida practicing in state and federal court. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. To learn more about Brian and his firm, Tannebaum Weiss, please visit www.tannebaumweiss.com



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