"This weekend will be 'saturation' weekend for THP. For some reason, they seem to think that sending 10 cars up here to cover 11 miles of road is something that the general public sees as very cool, and not a waste of taxpayers money. I hardly agree. In fact, since the Gov of TN has decided to make war with tourists in this area, I strongly suggest to all of you that you send him an email if you feel the same way. We are under a police state on the TN side of the mountain."
-Ben, DealsGap.com, Saturday, August 4, 2007
"As of noon, there are 14 THP troopers and 4 Blount County Sheriffs in the Gap. This begs me to ask the question that so many have on their mind. If all these Troopers are here, then who is watching the rest of the state ??"
-Ben, DealsGap.com, Saturday August 11, 2007
"A stretch of U.S. 129, nicknamed 'The Tail of the Dragon' is known around the world as one of THE places for motorcyclists to ride. But lately, it's also been known as one of THE places for traffic enforcement. One rider from South Florida came to enjoy the ride and the view on Friday. But he got '...two tickets each, one for speeding and one for passing." The rider is leaving with $625 in fines. "Plus, they tow away the bike out of the park so we have to wait for a towing company to come tow the bike.' Friday was a quiet day on the Dragon. But last weekend, troopers wrote 142 tickets. Eleven troopers are staking out the area and the state has authorized $60,000 in overtime for increased patrols."
-Adam Longo, WATE TV, Troopers working to tame the Tail of the Dragon, August 10, 2007
"The NYPD's new patrol chief has ordered that special overtime money earmarked for cops in violence-prone precincts be given to "aggressive" officers rather than 'do-nothings,' The Post has learned. Chief Robert Giannelli issued that edict last week during a meeting with his borough chiefs, who then relayed it to their precinct commanders, sources said. His order affects a pool of funds known as Impact Overtime. Sources said Giannelli also wants to reward cops who use their overtime shifts to issue a lot of summonses and who do numerous 'stop-and-frisks' of people who match the descriptions of criminal suspects. 'The chief wants to give the overtime to aggressive cops and not to do-nothings,' one source said. 'Do-nothing' cops are considered those who never leave their patrol cars or ones who primarily work inside a precinct house. Another source said Giannelli wants the OT to go to 'intelligently aggressive' cops, such as ones who manage to avert civilian complaints by adequately explaining to people why they are being stopped and frisked. In response to the new policy, some precincts already have compiled lists of their top-performing officers - when it comes to arrests - and forwarded the lists to the borough commanders. Sources also said bosses have been told not to worry in the future about their officers' names appearing on lists of cops who have received large amounts of overtime. In the past, such bosses have been told to cut down on those officers' overtime."
-Larry Celona, NY Post, $ICCING THE COPS, August 13, 2007
"Cops have a quota system."
-Sgt. James Eagan, New York State Police (Retired), from his book, A Speeder's Guide to Avoiding Tickets
"It is illegal for law enforcement agencies to issue ?quotas for citations or arrests of individuals. The Fraternal Order of Police strongly disagrees with this illegal action and respectfully requests you rescind this action of supervisors at the Knoxville Police Department. If it walks like a duck, quacks like a duck, it's still a duck. It's a quota."
-Edward Daniel, ex-cop and attorney at law for Fraternal Order of Police in Knoxville, Tennessee, Knoxville News Sentinel
"I was put under pressure. It was like a race. How many more people can we get today?"
-arrested KPD police officer describing the government's illegal quota, Knoxville News Sentinel
"Court finds $27,500 fine for second offense driving on a revoked
license to be excessive."
—State vs Taylor, 70 S.W.3d 717 (Tenn. 2002)
"My father made him an offer he couldn’t refuse. Luca Brasi held a gun to his head, and my father assured the bandleader, that either his signature or his brains would be on the contract."
-Michael Corleone, The Godfather, Scene 1
duress.
Wrongful and usu. unlawful compulsion (as threats of physical violence) that induces a person to act against his or her will: "coercion".
also
: the affirmative defense of having acted under duress.
Note: A person may be able to avoid the consequences of his or her acts under the law if they were performed while under duress. For example, a contract made under duress is voidable by the coerced party. Similarly, a will signed under duress is invalid. Duress may also be used to justify a criminal act. A threat to bring a lawsuit is not duress.
-Dictionary.Findlaw.com See contract, fraud
"Complete freedom of the highways is so old and well established a blessing that we have forgotten the days of the Robber Barons and toll roads, and yet, under an act like this, arbitrarily administered, the highways may be completely monopolized, if, through lack of interest, the people submit, then they may look to see the most sacred of their liberties taken from them one by one, by more or less rapid encroachment."
-Justice Tolman, Supreme Court of the State of Washington, Robertson vs. Department of Public Works, 180 Wash 133, 147
"Personal liberty largely consists of the Right of locomotion -- to go where and when one pleases -- only so far restrained as the Rights of others may make it necessary for the welfare of all other citizens. The Right of the Citizen to travel upon the public highways and to transport his property thereon, by horse drawn carriage, wagon, or automobile, is not a mere privilege which may be permitted or prohibited at will, but the common Right which he has under his Right to life, liberty, and the pursuit of happiness. Under this Constitutional guarantee one may, therefore, under normal conditions, travel at his inclination along the public highways or in public places, and while conducting himself in an orderly and decent manner, neither interfering with nor disturbing another's Rights, he will be protected, not only in his person, but in his safe conduct."
-II Am.Jur. (1st) Constitutional Law, Sect.329, p.1135
"For while a Citizen has the Right to travel upon the public highways and to transport his property thereon, that Right does not extend to the use of the highways, either in whole or in part, as a place for private gain. For the latter purpose no person has a vested right to use the highways of the state, but is a privilege or a license which the legislature may grant or withhold at its discretion."
-State vs. Johnson, 243 P. 1073; Hadfield, supra; Cummins vs. Homes, 155 P. 171; Packard vs. Banton, 44 S.Ct. 256
"The right of the Citizen to travel upon the highway and to transport his property thereon in the ordinary course of life and business, differs radically and obviously from that of one who makes the highway his place of business and uses it for private gain in the running of a stagecoach or omnibus. The former is the usual and ordinary right of the Citizen, a right common to all, while the latter is special, unusual, and extraordinary."
-Ex Parte Dickey, (Dickey vs. Davis), 85 SE 781
"The word `automobile' connotes a pleasure vehicle designed for the transportation of persons on highways."
-American Mutual Liability Ins. Co., vs. Chaput, 60 A.2d 118, 120; 95 NH 200
A motor vehicle or automobile for hire is a motor vehicle, other than an automobile stage, used for the transportation of persons for which remuneration is received."
-International Motor Transit Co. vs. Seattle, 251 P. 120
"'Motor vehicle' means every description or other contrivance propelled or drawn by mechanical power and used for commercial purposes on the highways in the transportation of passengers, or passengers and property. 'Used for commercial purposes,' means the carriage of persons or property for any fare, fee, rate, charge or other considerations, or directly or indirectly in connection with any business, or other undertaking intended for profit."
-18 US Code 31
"The right of the Citizen to travel upon the public highways and to transport his property thereon, in the ordinary course of life and business, is a common right which he has under the right to enjoy life and liberty, to acquire and possess property, and to pursue happiness and safety. It includes the right, in so doing, to use the ordinary and usual conveyances of the day, and under the existing modes of travel, includes the right to drive a horse drawn carriage or wagon thereon or to operate an automobile thereon, for the usual and ordinary purpose of life and business."
-Teche Lines vs. Danforth, Miss., 12 S.2d 784; Thompson vs. Smith, supra
"Personal liberty -- or the right to enjoyment of life and liberty -- is one of the fundamental or natural rights, which has been protected by its inclusion as a guarantee in the various constitutions, which is not derived from nor dependent on the U.S. Constitution... It is one of the most sacred and valuable rights [remember the words of Justice Tolman, supra.] as sacred as the right to private property...and is regarded as inalienable."
-16 C.J.S. Const. Law, Sect.202, p.987
"The Right of the Citizen to travel upon the public highways and to transport his property thereon, either by horse drawn carriage or by automobile, is not a mere privilege which a city can prohibit or permit at will, but a common Right which he has under the right to life, liberty, and the pursuit of happiness."
-Thompson vs. Smith, 154 SE 579
Personal liberty -- consists of the power of locomotion, of changing situations, of removing one's person to whatever place one's inclination may direct, without imprisonment or restraint unless by due process of law."
-1 Blackstone's Commentary 134; Hare, Constitution__. 777; Bevier’s Law Dictionary, 1914 ed., Black's Law Dictionary, 5th ed
"The use of the highways for the purpose of travel and transportation is not a mere privilege, but a common and fundamental Right of which the public and the individual cannot be rightfully deprived."
-Chicago Motor Coach vs. Chicago, 169 NE 22; Ligare vs. Chicago, 28 NE 934; Boon vs. Clark, 214 SSW 607; 25 Am.Jur. (1st) Highways Sect.163
"There can be no sanction or penalty imposed upon one because of this exercise of constitutional Rights."
-Snerer vs. Cullen, 481 F. 946
"Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them."
-Miranda vs. Arizona, 384 US 436, 491
"The claim and exercise of a constitutional right cannot be converted into a crime."
-Miller v. US, 230 F 486, 489
"Government control of communication and transportation."
-Communist Manifesto, 6th Plank