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Thursday, August 31, 2017

Multicultural Millennials Hate Dynas

First the FXR. Now the Dyna.
Harley-Davidson introduced its 2018 lineup of 29 motorcycles and two tricycles last week. The company is no longer building Dynas or V-Rods.
Instead there is a 500cc baby bike that costs seven grand plus tax and license and a couple of 750s that are aimed at millennials and foreigners. The Motor Company is still selling five Sportsters including the 883 with an Evolution motor for $8700. Somebody in the aftermarket must be making the big cylinder conversion kits. You can get three 1200cc Evolution Sportsters. One of them comes with a two-gallon peanut tank. The press release doesn’t say who wants to buy an $11,000 bike with a range of 80 miles. If you like the V-Rod you can still buy a new Sportster with a Revolution engine.
Harley is now selling eight Softails that start at about $19,000, sticker; ten touring bikes that start at about $27,000; three factory customs that start at $40,000; and of course, the tricycles.

Authentic Noise

The press release runneth over with blather. Here’s a big, deep drink. Try not to gag.
“Leading into its 115th Anniversary year, Harley-Davidson today launched five new Touring bikes and eight all-new Softail Big-Twin cruisers designed under the largest product development project in company history. Part of the Motor Company’s commitment to launch 100 high-impact motorcycles by 2027, each new cruiser was redesigned from the ground-up and features the Milwaukee-Eight engine, an all-new frame and advanced technology to form a new foundation of style, comfort and performance.”
“To build excitement, the company partnered with celebrity and motorcycle enthusiasts around the world to be among the first to experience the new models. Each will reveal the new bikes to their fans with unboxing sessions across their social media channels. Check out #FreedomMachine to see who’s involved and what happens next.”
Celebrity enthusiast Kurt Sutter got a new bike in a big, black box. So did Jason Momoa from Game of Thrones. So did Kristen Lassen who is a “Motorcycle Technician and Influential Content Creator” in Orlando. So did Mark Atkins, who “is the face behind Rusty Butcher, a clothing and leather goods brand.”
Did you get one? Me neither.

Blah, Blah, Blah

The press release also informed: “‘The new Softail models are the result of the most extensive research and development program in the company’s history,’ said Paul James, manager of product portfolio, Harley-Davidson. ‘Thousands of hours of testing were put into the complete redesign of these new cruisers. We focused on taking the total rider experience to a higher level, where authenticity, heritage and soul meet the modern edge of technology for a ride that must be felt to be believed.’”
“One of the primary ethos that we follow is that form follows function but both report to emotion,” Brad Richards, Harley’s Vice President of Styling and Design, wants you to know. Well, maybe not you. Maybe, more like somebody who hopes to live through you.
“The authenticity of Harley-Davidson design comes by sweating the details from start to finish, ‘hard to do and hard to copy.’ Harley-Davidson motorcycles are not a commodity; they are handed down from generation to generation,” Richards continues, Apparently if the same soulless suit just says the same nonsense enough times people must believe it. “We look at every nut and bolt on the bike, all the finishes, and every small detail. The new Softail frame is like a piece of art, and the more you take off the bike, the more beautiful it becomes. Its design speaks to the teamwork that our styling and engineering processes demand.”
There are many thousands of words of this. Many of the words are “authenticity.” Others are “authentic” and “influencer.” Let’s all wish Harley good luck with this.


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Wednesday, August 30, 2017


This Call to Action was sent out by the US Defenders.  Whether you are a club member or not, please take a minute and read this message, then click on the link at the bottom and take one more minute or two to send a message to our California legislators:  Senator Dianne Feinstein (D-CA), Senator Kamala Harris (D-CA), and Rep. Scott Peters (D-CA).  Thank you, Nancy

Inline image 1
The Following CTA is being sent to you on behalf of  
​​Jason, California State, US Defenders. 
Please distribute this info to your clubs . . .
Right now there is motorcycle profiling legislation awaiting action in our nation’s Capital.
What’s stopping them from moving this legislation? YOUR VOICE. In less than two minutes you can tell your Congressmen and Senators that its time to END MOTORCYCLE PROFILING by passing H.Res.318 and S.Res154. We must tell our lawmakers that the pattern of evidence suggests that OVER 50% of bikers all over the country feel profiled simply because they are riding a bike.
Click on the link below to be automatically matched up to your elected officials where a pre-written email awaits your signature.
 No matter your colors, affiliation, race, or gender, we must fight against the injustices imposed on us.

P.S.  I just sent this -- it literally took me 2 minutes!  Send your message today!  Respectfully, Pita


Beer and the Wheel

Been around before in some form.  Still funny.

Beer and the Wheel

The two most important events in all of history were the invention of beer and the invention of the wheel.
Beer required grain and that was the beginning of agriculture.

Neither the glass bottle nor aluminum can were invented yet, so while our early humans were sitting around waiting for them to be invented, they just stayed close to the brewery. That's how villages were formed.

The wheel was invented to get man to the beer and vice versa. These two were the foundation of modern civilization and together were the catalyst for the splitting of humanity into two distinct subgroups:

1.  Liberals.
2.    Conservatives.

Some men spent their days tracking and killing animals to BBQ at night while they were drinking beer. This was the beginning of what is known as the Conservative movement.

Other men who were less skilled at hunting (called 'vegetarians' which was an early human word meaning 'bad hunter') learned to live off the Conservatives by showing up for the nightly BBQ's and doing the sewing, fetching, and hairdressing. This was the beginning of the liberal movement.

Some of these liberal men evolved into women. Others became known as girlie-men. Some noteworthy liberal achievements include the domestication of cats, the invention of group therapy, group hugs, and the concept of democratic voting to decide how to divide the meat and beer that Conservatives provided.

Over the years Conservatives came to be symbolized by the largest, most powerful land animal on earth, the elephant. Liberals are symbolized by the jackass for obvious reasons.

Modern Liberals like lite beer (with lime added), but most prefer white wine or imported bottled water. They eat raw fish but like their beef well done. Sushi, tofu, and French foods are standard liberal fare. Another interesting evolutionary side note: many liberal women have higher testosterone levels than their men.

Most college professors, social workers, personal injury attorneys, journalists, film makers in Hollywood, group therapists and community organizers are liberals. Liberals meddled in our national pastime and invented the designated hitter rule because it wasn't fair to make the pitcher also bat.

Conservatives drink real beer. They eat red meat and still provide for their women. Conservatives are members of the military, big game hunters, rodeo cowboys, lumberjacks, construction workers, firemen, medical doctors, police officers, engineers, corporate executives, airline pilots, and generally anyone who works productively. Conservatives who own companies hire other Conservatives who want to work for a living.

Liberals produce little or nothing. They like to govern the producers and decide what to do with the production. Liberals believe Europeans are more enlightened than Americans. That is why most of the liberals remained in Europe when Conservatives were coming to America. They crept in after the Wild West was tamed and created a business of trying to get more for nothing.

Here ends today's lesson in world history. It should be noted that a liberal may have a momentary urge to angrily respond to this post.

A Conservative will simply laugh and be so convinced of the absolute truth of this history that it will be shared immediately to other true believers and to just piss-off more liberals.

And there you have it. Let your next action reveal your true self, I'm going to grab a  beer and turn on the grill.

Monday, August 28, 2017


Social Security, Please Read Twice The biggest ponzi scheme ever!

Social Security, Please Read Twice
Who died before they collected Social Security? 
Remember, not only did you and I contribute to Social Security but your employer did, too.  It totaled 15% of your income before taxes. 
If you averaged only $30K over your working life, that's close to$220,500. 
Read that again. 
Did you see where the Government paid in one single penny? We are talking about the money you and your employer put in a Government bank to insure you and me that we would have a retirement check from the money we put in, not the Government.
Now they are calling the money we put in an 'ENTITLEMENT' when we reach the age to take it back. If you calculate the future invested value of $4,500 per year (yours & your employer's contribution) at a simple 5% interest (less than what the Government pays on the money that it borrows).
After 49 years of working you'd have$892,919.98. If you took out only 3% per year, you'd receive $26,787.60 per year and it would last better than 30 years (until you're 95 if you retire at age 65) and that's with no interest paid on that final amount on deposit! If you bought an annuity and it paid 4% per year, you'd have a lifetime income of $2,976.40 per month. 
Entitlement my foot; I paid cash for my social security insurance! Just because they borrowed the money for other government spending, doesn't make my benefits some kind of charity or handout!!
Remember the benefits for members of Congress? 
+    free healthcare, 
+    outrageous retirement packages, 
+    67 paid holidays,
+    three weeks paid vacation, 
+    unlimited paid sick days.
Now that's welfare, and they have the nerve to call my social security retirement payments entitlements?
They call Social Security and Medicare an entitlement even though most of us have been paying for it all our working lives, and now, when it's time for us to collect, the government is running out of money.  Why did the government borrow from it in the first place? It was supposed to be in a locked box, not part of the general fund.
Sad isn't it?  99% of people won't have the guts to forward this.
I’m in the 1%

Sunday, August 27, 2017

Saturday, August 26, 2017

Looking for those with press and media connections and experience in the greater San Diego area.

** Looking for those with press and media connections and experience in the greater San Diego area. There are some important motorcycle rights events coming up in the next 4-6 weeks that we will need coverage for.
Also, looking for local volunteer talent with video and editing equipment to assist in the creation of a semi-pro public awareness/service video focusing on the issue and struggles of motorcycle rider profiling and discrimination within this one community in San Diego and their resolve for social justice and legislative relief. If this can be achieved with today's portable/mobile equipment and software, cool.
We are going to need some engaging graphic design work for event flyers as well.
I've got some experience putting together press release kits, but I am no expert by any means. If you or someone you know can help with this or any aspect of community based press and media relations, please....private message me.
This is for a good cause and would greatly help our local, state and national efforts. Thank you for your consideration.

ABATE Local 6 Meeting - September Meeting


WHEN:      Sunday, September 3, 2017               TIME:  12:00 noon   
WHERE:    Kate Sessions Park – Pacific Beach

This is the regularly scheduled meeting date of our next meeting.  BUT, Snowman, Chop, and I will all be out of town and we’re the ones who normally handle the meeting.  If someone else can step in, that would work, too.  If not, Snowman and I agreed that it might be best to CANCEL the meeting for September … it is a holiday weekend and the attendance is usually a bit small.

Please let me know your thoughts if you’d like to run the meeting or would not be happy with it being cancelled.  You will have to email me at as ABATE Local 6’s elist email does not have the capability of incoming emails.  Your opinion and input are important.

Have a wonderful Labor Day Holiday ….

Nancy Nemecek
Vice President – Local 6
Email –

2018 Harley-Davidson Models. Death Of The Dyna Line-Up Merged Into 8 All-New Softail Models


Published by Cyril Huze August 23rd, 2017 in Builders, Editorial and Events.

To celebrate Harley-Davidson’s 115th Anniversary year, the Motor Company is launching  a custom revolution: Eight all-new Softail® models that merge the hard-riding performance of the Dyna® line with the unparalleled custom look of the Softail line. It is Harley’s largest-ever product development in company history. The new bikes compared to prior year models feature a stiffer and significantly lighter frame built to harness the pulse-quickening torque of the new dual-counterbalanced Milwaukee-Eight® 107 and 114 engines. With high-performance dual-bending valve front suspension and an easily adjustable hidden rear mono-shock, the aggressively styled 2018 Softail models are faster, lighter and better handling than any of their Big Twin cruiser predecessors.

“The new Softail models are the result of the most extensive research and development program in the company’s history,” said Paul James, manager of product portfolio, Harley-Davidson. “Thousands of hours of research and testing were put into the complete ground-up design of these new cruisers. We focused on taking the total rider experience to a higher level, where authenticity, heritage and soul meet the modern edge of technology for a ride that must be felt to believe.”

New Chassis. The handling of a Softail motorcycle enters a new era with a lighter, more rigid frame that elevates form and function to a higher plane, while maintaining the classic look of a hard tail and delivers a thoroughly modern ride. Benefits of the new chassis include increased lean angles, sharper turn-in response, quicker acceleration, nimble flick-ability, lighter weight, and easier side-stand liftoff than predecessor Softail and Dyna models. The steel foundation of the next generation of custom Harley-Davidson motorcycles has been forged.

Frame/Swingarm. A new high stiffness carbon steel tubular frame forms the core of the 2018 Softail chassis. The completely redesigned frame and swingarm significantly increase the rigidity of the new chassis.  The frame itself is 65 percent stiffer than the 2017 Softail frame, which leads to a 34 percent increase in overall chassis stiffness. The frame design achieves reduced complexity with a 50 percent reduction in component parts and a 22 percent reduction in welds. There are two unique swingarms, one for narrow and one for wide rear tires. The wide chassis is 15 percent lighter (13 pounds) and the narrow chassis is 20 percent (18 pounds) lighter than the 2017 Softail frame. The swingarm transfers rear wheel movement to the under-seat mono-shock while maintaining the pure, classic lines of a hard tail frame.

High Performance Suspension. All-new front and rear suspension components are calibrated to match the dynamics of the new chassis, wheels and tires to enhance the comfort, control and performance of the 2018 Softail® motorcycles. The new high-performance dual-bending valve front suspension, which was first introduced on 2017 Touring models, delivers damping performance that is similar to a cartridge fork but with improved, more responsive damping characteristics. The suspension is optimized for both comfortable cruising and spirited riding with 130 mm of bump-devouring travel. Retuned and optimized rake and trail also enhance the motorcycles’ handling performance.

The new mono-shock rear suspension preserves the classic hard tail look while revamped geometry improves ride quality, traction and control. The new easily adjustable mono-shock enables a 240 pound range of payload capacity for increased passenger comfort and enhanced dynamic handling compared to 2017 Softail models.

The all-new Softail models are up to 35 pounds* lighter than 2017 models, delivering an improved power-to-weight ratio that provides quicker acceleration, better braking and enhanced dynamic cornering capability combined with increased lean angles. Some models feature new tires specifically designed to work with the new Softail chassis and feature optimized constructions and improved compounds for a confident, long-wearing ride in all riding conditions. New seat designs and materials provide an improved fit for a wider range of riders and greater comfort for cruising. Bar none, the 2018 Softail models are the best handling cruisers Harley-Davidson has ever produced.

New Powertrain. All 2018 Softail models get a new heartbeat from the most powerful engines ever offered in Harley-Davidson® Big Twin cruisers, the new Milwaukee-Eight® 107 and 114 V-Twins.

Look. Milwaukee-Eight engines retain the iconic 45-degree V-Twin cylinder angle with a broad-shouldered top end accentuated by a single camshaft design that tapers to a slim bottom end for a muscular contour. The new Softail frame’s rigid engine mounting is engineered to tightly package the engine and reinforce the chassis stiffness.

Smoother Running & Purer Sound. Milwaukee-Eight engines for Softail models feature a refined dual internally counter-balanced system that reduces engine vibration while maintaining the familiar Harley-Davidson feel.       Harley-Davidson’s trademark “potato-potato-potato” sound comes through strong with less intake and mechanical noise.

Two Engine Displacement Options.

Milwaukee-Eight 107 Engine
(107 CID; 1746cc) Standard on all models
•  100 mm bore and 4.375 inch stroke with 10.0:1 compression ratio
•  0-60 mph – 10 percent quicker acceleration than the High Output Twin Cam 103
•  60-80 mph/5th gear – 16 percent faster acceleration than the High Output Twin Cam 103

Milwaukee-Eight 114 Engine
(114 CID; 1868cc) Optional
•  Available on four models: Fat Bob® 114, Fat Boy® 114, Breakout® 114, Heritage Classic 114
•  102 mm bore and 4.5 inch stroke with 10.5:1 compression ratio
•  Ventilator Intake with 114 graphics and badging
•  Standard ABS
•  0-60 mph – Nine percent faster acceleration than the Milwaukee-Eight 107 engine
•  60-80 mph/5th gear -13 percent faster acceleration than the Milwaukee-Eight 107 engine

Modern Styling & Design. Interpreting Harley-Davidson’s history, authenticity and styling DNA through a modern lens, the eight new Softail models feature all-new designs that strongly differentiate them from their predecessors and each other.

Eight New Softail Model Key Features.

FAT BOY. The legendary Fat Boy motorcycle that defined contemporary custom style for decades has outdone itself. Ripped and refined satin-chrome finishes deliver a bold, muscular styling statement showing off its powerful engine and new and improved ride and handling.
• Aggressive, steamroller stance and front end design
– Modern-day interpretation of the classic headlight nacelle
– 160 mm front tire, the widest-ever on a Harley-Davidson production model, wraps the solid Lakester front wheel
• 31-pound weight reduction to previous model
• Standard ABS
• 240 mm rear tire with solid Lakester rear wheel
• Optional: Milwaukee-Eight 114 Engine

Continue reading ‘2018 Harley-Davidson Models. Death Of The Dyna Line-Up Merged Into 8 All-New Softail Models’


Friday, August 25, 2017

TEXAS - Looking Into Loch McLennan

The courts in McLennan County, Texas are the Loch Ness of cesspools. The blatant collusion between police, prosecutors and judges makes even the jaws of crusty, old cynics drop. The cynicism of the politicians who define “justice” deep in the heart of Texas would make an old whore weep. And just when you think things can’t get any more surreal a monster emerges from the bottomless stench and eats another victim.
Looking at Waco is like looking at whatever you see after you wash down about 2000 mikes of acid with a couple of quarts of cheap mescal and a couple of hits of nitrous – just to take the edge off. No wonder CNN refuses to look. No wonder the ACLU of Texas refuses to look. It is so much easier to pretend that what is really wrong with America is a few dozen statues of Robert E. Lee.
Yesterday the monster who lives in Loch McLennan raised its head and grinned at Cassie Lynn Gotro. Gotro is the tough talking lawyer, idealistic admirer of Gerry Spence, occasional, reluctant television celebrity and 2014 winner of the Charles Butts Pro Bono Lawyer of the Year Award who represents a known enemy of the cesspool named Christopher Jacob Carrizal.

Cesspool v. Carrizal

Yesterday, the Loch McLennan monster became annoyed that Gotro had missed a preliminary hearing in the matter of the Cesspool versus Carrizal. Carrizal is scheduled to get his fair trial September 11 – although the official docket says his trial will begin September 12 – and preliminary jury selection is scheduled to begin this Friday.
Prosecutors have been saying in loud, clear voices for the last year that they want to “do” Carrizal first because assistant prosecutor Michael Jarrett wanted “one he could win.” And what could be a nobler cause than feeding Jarrett’s ego – especially after all those rude things people said about his brain after that time he was playing with a Glock 22 in a “perfectly safe manner” and the damned thing just went off and took out a courthouse window. That clearly wasn’t Jarrett being an idiot. That was clearly just another example of what crappy guns Glock makes.
This week, Carrizal is charged with “directing activities of a criminal street gang,” “engaging in organized criminal activity with an underlying offense of murder,” and “engaging in organized criminal activity with an underlying offense of aggravated assault with a deadly weapon.” All that amounts to life in prison.
Next week he may be indicted for assassinating President Kennedy. The week after that? Who knows. What difference does it make? Carrizal is what the Red Chinese call an “objective enemy.” He is an enemy because it is his turn.

Who’s A Handsome Judge

Gotro emailed the court that she couldn’t attend yesterday’s hearing because she was busy and then she filed a motion to postpone Carrizal’s trial.
Her motion to continue the trial complained that she couldn’t effectively defend her client because “ the state continues to deny the defense access to records and material evidence.” The ideal Texas, the Texas that Texas sees in the mirror every morning when it shaves, has had something called the Michael Morton Act since 2014. The idea of that is that every criminal case should have an open evidence file: Which means that when the prosecution has evidence the defense should have immediate access to that evidence.
The judge in the case, a Bad Santa impersonator named Ralph T. Strother, threatened to revoke Carrizal’s bail if he and Gotro aren’t in his courtroom tomorrow morning. The he denied her motion for a stay. And then he looked into the dark, still waters of Loch McLennan and grinned at the fair and wise justice he saw reflected there.



Thursday, August 24, 2017

USA - Harley To Be Saved

Harley-Davidson has unveiled its new advertising campaign. The giant brains who are now running the venerable American motorcycle company have concluded that the reason why the company’s sales keep falling and its stock is trading at a 52-week low has nothing to do with its product or its competition.
All along, it has been the advertising copywriters’ fault. But now that’s been fixed.
Harley’s new advertising campaign is, “All For Freedom. Freedom For All.” Wow! Dazzled yet?


“Since 1903, Harley-Davidson has built motorcycles for one reason: to fulfill dreams of personal freedom,” the genuine Harley-Davidson press release enthusiastically exclaims. “The Motor Company’s new brand platform – All for Freedom, Freedom for All – celebrates Harley-Davidson’s enduring legacy and the pursuit of freedom that unites all. With a focus on the universal pursuit of independence, authenticity and the feeling of the open road, the new work is an open invitation to riders and non-riders across the globe to embrace their individuality.”
“Universal” means no fat, white guys.
“The new platform comes to life via 30- and 90-second videos containing user generated and filmed content,” the genuine Harley newspeak continues. “In the creative, Harley-Davidson shares moments captured on the open road by riders past and present from all walks of life.”
But wait! There’s more!
“‘All For Freedom. Freedom For All is part of our 10-year global strategy to build the next generation of Harley-Davidson riders,’ said Sean Cummings, Harley-Davidson senior vice president of global demand.”
Right. Global demand. That’s what it said.

Ready Yet

“As the leader in our industry, we are on a mission to grow the sport of motorcycling globally. To reach that ambitious goal, we need to increase our brand’s relevance and inspire new riders to experience the same freedom that all H-D riders feel in the saddle. This new work does that by celebrating the passion, freedom and emotional pull of the open road.”
“Ready to experience the freedom that comes from riding a Harley-Davidson? Harley-Davidson will help get you out and build your skills on two wheels in just a few days. The Harley-Davidson Riding Academy New Rider Course gives you all you need to get your license and be ready to ride in just a few classes.”
“Offered at select H-D dealers, the New Rider Course provides you with expert guidance from Harley-Davidson certified coaches. In the classroom, you’ll get to know the motorcycle you’ll be riding and learn the basics of rider safety skills. On the practice range, you’ll build skills and confidence, learning everything from braking, turning and skilled maneuvers. Best of all, you will be connected to a growing community of new riders.”
Wow! Who could resist going right out and spending $35,000 for a 900 pound motorcycle with an EPA app[roved, 126 cubic inch, 47 horsepower engine? And, then taking a three day course on how to ride it?
The press release doesn’t say whether the biker course comes with a free tattoo.


San Diego Defense Attorney Explains 10 Ways Cops Are Allowed to Lie

An informative essay titled 10 Ways the Police Can Lie to You appeared on the website of San Diego criminal defense attorney Nicholas J. Moore. The essay details a number of deceits and tricks investigators may attempt to get a confession — true or otherwise — out of a suspect.
From the essay:
As a general proposition, police are allowed to lie. The lies told by the police to a suspect under questioning do not render the confession involuntary per se. Mere trickery alone does not invalidate a confession. The court must look to see whether the deception is reasonably likely to produce a false confession. People v. Farnam (2002) 28 Cal.4th 107;Hawkins v. Lynaugh (5th Cir. 1988) 844 F.2d 1132
The list begins by explaining that police can even lie about having already obtained physical evidence — such as DNA or fingerprints — from a crime scene, and expounds on a number of other police bluffs, complete with actual example cases:
(1) They Can Lie About Physical Evidence
“We have your fingerprints.”
“We have your DNA.”
Fingerprint and DNA analysis requires time, and county crime labs are notoriously backlogged. If you have been arrested as a suspect for a crime that was recently committed, it is highly unlikely that police have fingerprints from the scene of the crime, at the time of interrogation.
Consider the following true story:
The defendant voluntarily came to the police station and was told he was not under arrest. The officer told the defendant that his fingerprints were found at the scene, a lie. The defendant then confessed to taking the property. Oregon v. Mathiason (1977) 429 U.S. 492
The 6th District described the practice of police lying about having DNA, “a regrettable but frequent practice of law enforcement was not unconstitutional,” citing to People v. Jones (1998) 17 Cal.4th 279, 299 – which allow police deception as long as it is not unlikely to produce an untruthful confession.
(2) They can trick you into giving up your DNA
“Would you like something to drink?”
If you are arrested for a serious crime (read: violent crime), a DNA swab is now part of the normal booking routine. However, the police may also try and trick you into surrendering your DNA by offering you a soda, cup of water or coffee. A positive DNA match to an active crime scene is usually sufficient for an arrest and a charge. Police are even allowed to go through your garbage to obtain your DNA and other evidence. Maryland v. King (2013) 133 S.Ct. 1958; California v. Greenwood (1988) 486 U.S. 35

(3) They can give you fake tests to “prove you’re guilty”
“You failed the polygraph.”
“You failed a chemical test.”
Consider the following true story:
A suspect requested a polygraph test, and the police hooked the suspect up to a fake machine. During the questioning, the suspect denied any involvement in the crime, then the police show the defendant a fake graph from the fake machine, and say the suspect is lying. The suspect thereafter admits being present at the scene of the crime – The court ruled the defendant’s admission is a voluntary and admissible confession. People v. Mays (2009) 173 Cal App. 4th 1145.
Another true story:
“In the first step of the “test,” the detectives sprayed defendant’s hands with soap and patted them with a paper towel. In the second step, they used a field test kit used for testing substances suspected of being cocaine, which the detectives knew inevitably would turn color. The detective told defendant that the test had provided proof that defendant had recently fired a gun.” People v. Smith (2007) 40 Cal.4th 483; People v. Parrison (1992) 137 Cal.App.3d 529, 537
(4) They can lie about having an eyewitness to the crime
“An eyewitness identified you.”
True Story:
A defendant was brought to a police station and advised of his Miranda rights. Defendant waived his rights, gave a statement, and then asked for an attorney. As the detectives picked up their books to leave the room a detective tells the defendant that the victim identified a picture of the Defendant as the one who stabbed and raped her. At the time, the victim had not seen any photographs. The defendant subsequently confessed. People v. Dominick (1986) 182 Cal. Ap. 3d 1174.
(5) They can lie about recording your conversation
“I’m turning the recorder off, this is just between you and me.”
“This is off the record.”
There is nothing requiring a police officer to disclose the presence of an already-activated tape recorder. In fact, there may be more than one recording device in the room, and the police may turn one of those devices off and say, “this is just between us,” or “this is off the record.” Remember that when speaking with the police, there is no “off the record.” People v. Sims (1993) 5 Cal. 4th 405.
(6) They can lie about having an accomplice’s confession
“Your friend sold you out and told us everything”
The police are permitted to lie and tell you that your accomplice confessed. Detectives could place both Frazier and his cousin at a bar where a victim was last seen alive. Both Frazier and the cousin were arrested. Police lied to Frazier during the interview that his cousin confessed and told them everything. Frazier made statements that he and his cousin were at the bar. Those statements were used to convict him. Frazier v. Cupp (1969) 394 U.S. 731.
The police are even permitted to show you a forged confession from your friend/accomplice to try and trick you into confessing. People v. Long (1970) 6 Cal. App. 3d 741
(7) The police can imply that co-operation will lead to leniency
“We already know what happened, but if you obstruct our investigation the DA will be a lot tougher on you.”
Police cannot make threats or a promise of lieniency. It’s a true statement – you can be criminally charged for lying to the police. The police are prohibited from making threats or promises to induce a confession – but that does not mean that they will not threaten you or make you false promises. Police break the rules all the time. Your best defense is to remain silent and wait for a lawyer.
What most people don’t realize is that the police do not charge you with a crime – only the district attorney can make that decision. In the vast majority of cases a DA does not know anything about the case until the date of arraignment where they first pick up the file and read a police report. When a DA reads the file for the first time one of the key pieces of evidence they are looking for is if you made any statements (that is the one thing that makes their job the easiest). United States v. Santos-Garcia (8th Cir.2002) 313 F.3d 1073, 1079 (noting that raised voices and suggestions on how to gain leniency do not render a confession involuntary).
(8) They can lie about what will happen to other people.
“Your friend will spend their life in jail if you don’t tell us what happened.”
The police can lie to you and say that your friend will go to jail for the rest of their life. HOWEVER, they cannot threaten a family member with harm or removal from the home. While the court permits a number of coercive tactics, threatening your family is considered the type of threat that is likely to produce a false confession. “A threat by police to arrest or punish a close relative, or a promise to free the relative in exchange for a confession, may render an admission invalid.” People v. Steger (1976) 16 Cal.3d 539, 550.
(9) They can lie about your ability to defend yourself from a criminal charge.
“We know what happened, the best thing for you is to tell us how write it up in your favor and we will help you out.”
“We have enough evidence to charge you – this is your only opportunity to tell your story.”
Police do not “charge” you with a crime. They write a report and the District Attorney reads the report. The district attorney then decides to either file a charge, or not file a charge depending on the strength of the case. The hardest cases to prosecute are the ones where the Defendant has said NOTHING. The less you say to the Police, the better off you are at avoiding a charge.
Defendant and his accomplice were wanted for a murder. Officers already had a full confession from defendant’s accomplice, blaiming the killing on defendant. Police lied and told the Defendant they have enough evidence to charge him with murder. The defendant told the police his friend actually did the murder. His statements were used against him to place him at the scene of the crime, and as an accomplice. Defendant was ultimately convicted of murder. When the police tell you they will help you out, they are lying. Their only job is to investigate a case. The police will never help a suspect/person do anything but incriminate themselves. People v. Gurule (2002) 28 Cal.4th 557
(10) They can ignore your request for a lawyer
There is an evidentiary loophole that allows voluntary statements, given in violation of Miranda, to be useable in court for impeachment purposes (challenging the defendant’s credibility).
True story:
Strategically, police officers made an agreement prior to interviewing the defendant, that they would continue questioning Defendant if he invoked his right to an attorney. They knew that anything the Defendant said could not be used to prove his guilt, however anything the defendant said is admissible as “impeachment evidence,” – which is evidence that tends to show that the Defendant is falsely testifying.

Defendant requested a lawyer 11 times over the course of a 4 hour interrogation, but each time after requesting a lawyer, the police ignored the request and asked another question to which the Defendant answered – and then resumed questioning. He then later admitted a rape and double homicide to police. He never saw a lawyer. Court found the defendant was not subjected to physical or psychological mistreatments and is mature and has had past criminal experience and that his statements were therefore voluntary and admissible. People v. Jablonski (2006) 37 Cal.4th 774

Wednesday, August 23, 2017


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5 Ways To Avoid Technological Distractions While Driving

5 Ways To Avoid Technological Distractions While Driving

In the last year’s statistics showed that technology is taking lives as teens and millennials are using their mobile devices while driving. According to Pew Research, the average American teen sends 60 texts in a day, which means lots of them might be read or written behind the wheel. The number of teens killed while texting and driving is also rising, painting a bleak image.
Another report from the American Automobile Association revealed that six in ten car accidents involving teens are caused by using a mobile device.
Even a Little Apple Watch Causes Big Problems!!
According to Michael Ehline, famous car accident attorney, and partner of Ehline law firm  The Apple Watch is very popular. Millions use it to keep track of their daily walks or play their favorite music. When paired with an iPhone the device is very powerful. However, when used behind a wheel it can be a matter of life or death.
The large number of these watches on drivers’ wrists is a unique threat and  causes many car accidents and injuries. It is up to us to figure out how to reduce the number of accidents caused by this device. However, these studies also showed that distracted driving can be avoided and the ways to prevent a crash or a road incident are quite simple.
Simply turn it off
The best solution is to turn off the device. Parents can lead by example on this one, but if your teen doesn’t want to turn off the phone, there is another way to solve the problem. Placing the phone out of reach is just as effective as turning it off. When you can’t pick it up, you will have to either give up using it or stop the car, which are both going to keep you safe.
Teaching your teen safety measures
If you are trying to teach your teen to stop using the phone, it’s important to show him that each time you have to use the phone or another device, you stop the car. Make a habit of doing this, so your teen will have a role model. Even when you don’t really have to use the phone, but you want to give an example, do this exercise. It’s better to start doing this before your child gets the driving license, so he or she will already have a strong idea of what’s the norm on the road.
No more hands-free devices
Hands-free devices allow drivers to use the phone legally, but they don’t provide any safety. Studies revealed that using a hands-free device leads to something called cognitive distraction when your eyes are on the road, but you don’t actually notice the dangers. Moreover, using the hands-free encourages mobile device usage on the road.
Education starts from parents
Millennials are now old enough to know the dangers of distracted driving, yet they fail to actually take them into account. This has to do with the fact their parents, who were not using the phone while driving, couldn’t teach them how to avoid this distraction.As the parent of a teen driver, you have the opportunity to educate him or her on the real dangers. Teens tend to see laws as something they can break, so explain to your child that he or she must care for their own safety first, then the law. Yes, distracted driving is illegal because it leads to death, but the teen must know this from his parents, in order to understand the risks.
Anti-tech devices
Despite everything, teens are prone to ignore all the risks and continue to use the mobile devices behind the wheel. To prevent this, companies started to develop technological solutions, which turn off the phone when the owner enters the car. Once installed, these systems can’t be turned off by the teen, so the parent can be sure the phone will be off during the whole trip.
This rather extreme solution might have its own faults, so the best way to protect yourself and your child is to become aware of the dangers of distracted driving and stop using the devices. After all, there is no call more important than your own life.

This post is part of our contributor series. It is written and published independently of TNW.

Tuesday, August 22, 2017

Government Threatening To Revoke Biker Bar Licenses Nationally

The Department of Alcoholic Beverage Control (ABC) of Virginia recently sent 30 letters to bars and restaurants in the Central part of the state warning that their licenses could be revoked for allowing Outlaw Motorcycle Gang members to patronize their establishments.1  Although not directly demanding action in the form of “no motorcycle club colors” policies, that is the intended result of this coercion.

Government discrimination is illegal in any form. Wearing motorcycle club colors, including those labeled OMG’s by law enforcement, is protected by the 1st Amendment. Independently, coercing bar owners violates their constitutional right to pursue an occupation as established by case law.

Unfortunately, what’s happening in Virginia is a national epidemic occurring in states coast-to-coast. The unconstitutional practice of government agents coercing public establishments that serve club members must stop. The 1st and 14th Amendments demand it.

Law Enforcement Coercion Is A National Epidemic

According to the National Motorcycle Profiling Survey 2015-2016, an alarming 42% of survey participants reported knowing of a business being forced not serve club members. Forms of harassment and coercion includes excessive code enforcement violations, threatening denial or renewal of liquor license and or permits, and police harassment of customers and business owners.

Motorcycle Club Colors and the 1st Amendment

There is a fundamental friction between the idea that wearing motorcycle club colors is expressive conduct protected by the 1st Amendment and the idea that motorcycle club colors are gang colors that represent a threat to the public environment. The ABC in Virginia, like agencies across the country, justify pressuring bars to not allow members of motorcycle clubs labeled OMG’s to patronize their establishments based on a generalized gang stereotype or historical actions of other members.

Although maintaining a safe environment is definitely in the state’s interest, federal case precedent says that government restrictions on motorcycle club colors are unreasonable, and therefore unconstitutional, “absent a showing in the record of an actual (or realistic threat of) interference or disruption.” Any restrictions must be narrow and “specific to particular cases involving rival organizations.2

The government pressuring for a general access ban on persons wearing motorcycle club clothing (including clubs labeled OMG’s) would therefore be an unreasonable restriction on 1st Amendment expression.

Federal Case Precedent Specific To MC Colors

The longtime Supreme Court Precedent case Cohen v. California (1971) says individuals have the 1st Amendment right to wear clothing which displays writing or designs free from unreasonable government restrictions.3

This precedent has been specifically applied to motorcycle club colors, including those labeled OMG’s by law enforcement. In Sammartano v. First Judicial District Court (2002), 10 members of motorcycle clubs, including the Hells Angels Motorcycle Club, were denied access to a courthouse in Carson City, Nevada based on the fact that they were wearing their club colors. They refused to remove their colors and were arrested  for trespassing. The Court of Appeals concluded that this was unconstitutional because  it violated their 1st Amendment rights to expression.4

Federal courts reject the general gang argument.

Police often assert that motorcycle club colors are gang attire and could cause a potential threat of violence and intimidation. But the Court finds these generalizations insufficient, concluding that “a total ban on this expressive activity…is “an unreasonable means” of preserving a safe environment.

Any restrictions must be narrow and specific “to particular (apparently hypothetical) cases involving rival organizations.”  But a general ban on motorcycle club colors is unconstitutional “absent a showing in the record of actual (or realistic threat of) interference or disruption.”

General Restrictions Violate The Doctrine Of Personal Guilt

There is “no evidence that by merely wearing [1% motorcycle club] “colors,” an individual is “involved in or associated with the alleged violent or criminal activity of other [1% motorcycle club] members. It is a fundamental principle that the government may not impose restrictions on an individual “merely because an individual belong[s] to a group, some members of which committed acts of violence.”  In fact, the Supreme Court has long “disapproved governmental action . . . denying rights and privileges solely because of a citizen’s association with an unpopular organization.” Healy v. James, 408 U.S. 169, 185-86 (1972).

To permit [law enforcement officers] to impose restrictions on any person “who wears the insignia of [a 1% motorcycle club], without regard to or knowledge of that individual’s specific intent to engage in the alleged violent activities committed by other members, is antithetical to the basic principles enshrined in the First Amendment and repugnant to the fundamental doctrine of personal guilt that is a hallmark of American jurisprudence.” 5

Coercion Infringes On A The Constitutional Right To Pursue An Occupation.

The implication of coercion goes beyond the 1st Amendment. The practice of law enforcement or other government actors, such as liquor control agents, harassing and threatening owners of public establishments because they allow motorcycle clubs to patronize their establishments is unconstitutional. The right to pursue an occupation is  a fundamental liberty protected under the Due Process Clause. According to the Supreme Court, the Due Process Clause of the 14th Amendment protects a liberty or property interest in pursuing the “common occupations or professions of life.”    6 The constitutional right infringed in cases of excessive and unreasonable LE conduct is “the right to pursue an occupation.”  7

2 Sammartano v. First Judicial District Court, 303 F.3d 959 (9th Cir.2002)
3 See Cohen v. California, 403 U.S. 15 (1971)
4 Sammartano v. First Judicial District Court, 303 F.3d 959 (9th Cir.2002)
5 Coles v. Carlini 162 F.Supp.3d 380 (2015)
6  Schware v. Board of Bar Examiners, 353 U.S. 232, 238-39, 77 S.Ct. 752, 755-56, 1 L.Ed.2d 796 (1957); Chalmers City of Los Angeles, 762 F.2d 753, 757 (9th Cir.1985).
7 Benigni v. City of Hemet, 879 F.2d 473 (9th Cir. 1989)

Monday, August 21, 2017

Annual Apology

Over the past few months I have forwarded some inappropriate pictures and jokes
To friends who I thought shared my same sense of humor..
Unfortunately this wasn't the case and I seem to have upset quite
A few people who have accused me of being sexist and shallow..
If you were one of these people, please accept my sincerest apologies.
Looking to the rest of 2016 and onward, I will only post or send e-mails with cultural or educational content such as old monuments, nature and other interesting topics.
 Below is a picture of the Pont Neuf Bridge in Paris . It is the oldest bridge
 In Paris and took 26 years to build. It was completed in 1604..

Sunday, August 20, 2017

State Supreme Court: Wisconsin Drivers can Ignore a Cop Knocking on their Car Window & Drive Away

Matt Agorist
Just a friendly reminder...
For those who fail to click the article: this is if an officer just randomly walks up to your car and knocks on the window, NOT if they pull you off to the side of the road with their lights on.

When Wisconsin police officers knock on the window of a car and motion to roll down the window, the state Supreme Court said in a 5 to 2 ruling that the motorist is free to ignore the cop and drive away.
“Although we acknowledge that this is a close case, we conclude that a law enforcement officer’s knock on a car window does not by itself constitute a show of authority sufficient to give rise to the belief in a reasonable person that the person is not free to leave,” Justice David T. Prosser wrote for the majority.
The justices argued in the context of the December 25, 2011 incident in which Grant County Deputy Sheriff Matthew Small knocked on the window of Daniel A. Vogt who was parked with the engine running in the Riverdale Park parking lot the village of Cassville at 2am. It was 37 degrees at the time. Vogt had done nothing illegal, but Deputy Small thought it was suspicious that Vogt was in the parking lot of a park that had closed at 11pm.
Deputy Small stopped behind Vogt’s car with his headlights on, but his overhead red and blue lights off. He walked up to the car and saw Vogt in the driver’s seat and Kimberly Russell in the passenger seat. He testified that he would have let Vogt go had he driven off because he “had nothing to stop him for.”
Vogt did not drive off, because he thought he could no do so without hitting the deputy. He believed that he had no choice but to comply. Once the window was down, Deputy Small smelled alcohol and noticed Vogt’s speech was slurred. This led to Vogt’s arrest for driving under the influence of alcohol (DUI). The court’s majority argued that the initial interaction was voluntary.
“The objective of law enforcement is to protect and serve the community,” Justice Prosser wrote. “Accordingly, an officer’s interactions with people are not automatically adversarial. A court’s ‘seizure’ inquiry into one of these interactions must examine the totality of the circumstances, seeking to identify the line between an officer’s reasonable attempt to have a consensual conversation and a more consequential attempt to detain an individual.”
Because the deputy did not have his emergency lights activated, the majority believed a reasonable innocent person in the same situation could have driven off while the officer knocked at the window. The majority refused to speculate what would have happened to Vogt had he actually driven away. The dissenting justices said the majority position was absurd.
“The world of legal decisions does not reflect the real world,” Chief Justice Shirley S. Abrahamson wrote. “No reasonable person I can imagine would feel free to drive away under the circumstances of the present case when the officer knocked on the car window and instructed the person to roll down the car window. A reasonable person would be concerned that driving away could be viewed as violating some law that governs obstructing an officer, disobeying an officer, or fleeing.”
A copy of the decision is available in a 270k PDF file at the source link below.

PDF File Grant County v. Vogt (Wisconsin Supreme Court, 7/18/2014)


Saturday, August 19, 2017



Justice is the practice of being fair and consistent. A just person gives consideration to each side of a situation and bases rewards or punishments on merit. As good leaders, we have to hold people accountable. We have to show that if you do good, you get good things. If you do bad, you will be held accountable.
Often, leaders must assess situations quickly and without significant time to reflect. The Marine Corps refers to the “70 Percent Solution,” meaning an imperfect solution that can be acted upon quickly, rather than waiting for the perfect judgment – which may never come. This guideline doesn’t advise acting in extreme haste; rather, it advises avoiding “analysis Paralysis.” It argues that with 70 percent of the possible knowledge, having completed 70 percent of the analysis, and with a confidence rate of about 70 percent, the time is right to make an informed judgment.
Amidst the stress and chaos of combat, there often is no telling how people will react. A hero one day may be a catatonic wreck the next. Some would say that’s perfectly understandable. Marines say that’s totally unacceptable. Marines demand dependability in all situations – on and off the battlefield. Leaders have consistency in crisis and do not over commit. They do what they say they’ll do when they say they’ll do it.
Find a way to take the initiative; don’t do it for the recognition or for the glory, do it to help accomplish the mission. Think outside the box, try new things, and consider new solutions to existing problems. Improvise, Adapt, Overcome!
Research indicates that most people make decisions intuitively rather than analytically more than 90 percent of the time. The Handbook for Marine NCOs has the following advice for modern Marines: “Make sound and timely decisions. TO make a sound decision, you should know your mission, what you are capable of doing to accomplish it, what means you have to accomplish it, and what possible impediments or obstacles exist (in combat, these would be enemy capabilities) that might stand in the way. Timeliness is also important as soundness. In many military situations, a timely, though inferior, decision is better than a long-delayed theoretically correct, decision.
Tact is the ability to communicate in the language that best allows a listener to understand the message or meaning that’s being communicated and to be motivated to act upon it. Given that background, the tactful leader chooses the language or behavior that will help the people in his audience to motivate themselves. Tact is the ability to say something or make a point in such a way that not only is the other person not offended; they are totally receptive. Being tactful comes with training and maturity but it’s also determined by making the right decisions – the right decisions about what to say, when to say it, how to say it, and who to say it to.
Integrity in a leader is reflected by honesty as well as a desire to inspire and a devotion of values that the leader constantly tried to communicate to those he or she leads. The leader with integrity can rarely if ever relax a commitment to what he or she believes is the behavior that best reflects those closely held values. When followers see leaders acting with integrity, they are more likely to want to emulate that quality. Integrity is the cornerstone of leadership. There’s only one thing that no one can take away from you. They can take your life, they can take your savings, they can take your property, they can take everything you’ve got… but the one thing no one can take from you is you integrity, your honor. You have to voluntarily give that up. You’re the owner of your integrity. And some people sell it awfully cheap.
The enduring leader defaults to responsibility. If something must be done, then it must be done, even if the best resources or relevant training aren’t available. During the battle of Guadalcanal, Marine John Basilone exemplified endurance when he manned his machine gun non-stop for three days and nights without sleep, rest, or food stalling the efforts of an entire enemy regiment. At the end of the battle, only three Marines from Basilone’s machinegun crew were still standing. Basilone endured with a pair of burned hands. Basilone’s asbestos gloves had been lost in the chaos and he used his bare hands to handle the hot guns.
A Marine with bearing is driven toward a goal with purpose, jumping at opportunities with self-improvement that increase his ability to reach that goal. Bearing is about channeling that drive to other people. Leaders with bearing know where they stand, and they understand the environment in which they work. They set an example for others to follow in both attitude and behavior.
Unselfish leaders make decisions that benefit as many as possible, without worrying too much about themselves. They look out for the welfare of their teams beyond simple job descriptions, legal concerns, and even their own personal comfort. And they do this most particularly in difficult situations.
Courage is never an easy commodity to find, whether it’s disciplining a subordinate, standing up to superiors, or facing swarms of charging enemies. Courage is situational; it lives in the moments when it is required by people who believe in themselves and in priorities beyond personal comfort and the risks of pain or failure. Courage is doing what’s right, adhering to a higher standard of personal conduct; to lead by example and to make tough decisions under stress and pressure. It is the inner strength that enables a Marine to take that extra step.
The business of knowing what to do and how to do it lifts the leader above the crowd. Knowledge goes beyond the facts of the job; it is also knowledge of your team: who they are and what motivates them. It is knowledge of the culture in which you work, so that you understand what your superior’s goals and missions are. And is also is self-knowledge: unflinchingly knowing your own strengths and weaknesses, and having a desire to excel. Sharing knowledge with subordinates can feel to some leaders as though they are giving up control, and they may be loathe to do so. In reality, though, leaders are not effective because they are the knowledge holders. Rather, the best leaders are the ones who make knowledge available to their teams and understand how best to deploy that knowledge in the best possible manner.
A leader expresses loyalty to his subordinates by supporting their needs and ensuring their welfare in a number of ways. Subordinates express loyalty to that sort of caring leadership by positively and efficiently carrying out the leader’s orders and instructions. Loyalty is the most common expression of aspects of all Marine Corps leadership traits and characteristics. Those who get it express it through dedication and professional performance of duty. The most loyal Marine or employee is not necessarily the one who has held the job longest. Some are simply marking time, with little or no interest in making valuable contributions to the organization.
When we’re enthusiastic about something, we’re willing to sacrifice for it. People who are enthusiastic about a cause will sacrifice time and money for it. People who are enthusiastic about their jobs will make personal sacrifices to spend time at work and educate themselves to do a better job. Men and women who are enthusiastic about being Marines understand that sacrifice might come at a very high price. Even when the requirements are difficult, enthusiastic leaders set aside any negative aspects of the mission and focus on the positive energy they can bring to the table. It’s not easy. It takes more than a little self-discipline. But it works, and a show of enthusiasm often leads to truly inspirational behavior.