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The basis for the Second Amendment is the right of we the people to act in self-defense. There is a historical basis to assert that individual right to self-defense as the basis of the Second Amendment.   District of Columbia v. Heller , 554 U.S. 570, 128 S.Ct. 2783, 2805-06, 2811 (2008).   See generally  David B. Kopel,  The Second Amendment in the Nineteenth Century , 1998 B.Y.U. L. REV. 1359.1 WILLIAM BLACKSTONE, COMMENTARIES ON THE LAWS OF ENGLAND Appendix 310 (St. George

Imagine you are going to see an old high school friend you have not seen in ages.  You drive across a few states and are in a strange town.  Arriving later in the evening, you have to circle back a few times and turn around because you make some wrong turns.  You are weaving down the road a little as you try to read google maps on your phone. Suddenly there are squad lights behind you.  You pull over.  A cop opens her squad door with her gun drawn.  The officer tells you to g

The other day, as I was driving along the road and  a car flashed its lights at me and sure enough about two blocks further there was a cop clocking for speeders.  Luckily, by flashing his lights, the other car told me to check my speed because a cop was clocking on-coming cars.  Of course, in case you were wondering, I was not speeding anyway. However, I wondered about the motorist flashing his lights.   I wondered if by flipping her lights on and off like that, the motorist

It is my opinion that police officers should be paid more and receive more training.  "There are around 18,000 police agencies in the US, but with no national standards on training, procedures and timescales vary across the country. On average, US officers spend around 21 weeks training before they are qualified to go on patrol. That is far less than in most other developed countries, according to a report by the Institute for Criminal Justice Training Reform (ICJTR). Also, m

The First Amendment protects the rights of private citizens to record police officers during the public discharge of their duties.  “There is no question that speech critical of the exercise of the State’s power lies at the very center of the First Amendment.” Gentile v. State Bar of Nev., 501 U.S. 1030, 1034 (1991).  The reach of the First Amendment’s protection extends beyond the right to gather such information – it also prohibits government officials from “punish[ing] the

This morning at 3 AM I received a frantic phone call stating, “You gotta help me man…the cops are pounding on my door….what should I do?” If you are ever in this situation, here is what I suggest you do.   BE CALM.  TO THE EXTENT POSSIBLE, DO NOT ARGUE OR BE A SMART ASS WITH THE COPS.  While some cops are professional and will deal with that response by you professionally, some will not and simply arrest you on obstructing/resisting charges (or do something worse) and execute

FOX 11 Investigates: Felony murder by Robert Hornacek, FOX 11 News Wed, November 15, 2017 at 8:14 AM https://fox11online.com/news/fox-11-investigates/fox-11-investigates-felony-murder A look at the scene of the shooting in the early morning hours of Sunday, May 21, 2017 outside Jack's Apple Pub in Appleton. (WLUK/Jerry Van Handel) (WLUK) -- Did you know a person could be charged with murder in Wisconsin even if they didn't actually kill anyone? It's called felony murder. Pros

A homeless child plays in the park after receiving free food with her mother and sister, in Riverside Park, Thursday, March 21, 2024, in Grants Pass, Ore. ( AP Photo/Jenny Kane ) On June 28, 2024, the United States Supreme Court issued a 6-3 decision, Justice Neil M. Gorsuch, joined by Chief Justice Roberts and Justices Alito, Barrett, Kavanaugh and Thomas in the majority, in City of Grant’s Pass v. Johnson,  -US-, 144 S. Ct. 2202 (2024) holding that a municipality’s enforcem

All persons in the United States have constitutional protections, including the right to remain silent when questioned or arrested by immigration officers. Being stopped by immigration officers or other law enforcement can be frightening, but it’s important to stay calm. During any encounter with law enforcement, Stay calm and don’t run, argue, resist, or fight the officer, even if you believe your rights are being violated or you are being treated unfairly. Keep your hands w

The main way for ICE to initiate a transfer from the criminal legal system to the immigration system is to send an ICE detainer request (“ICE detainer”) to a state or local jail.  See Dangerous Merger: Corrupting the criminal justice system for immigration enforcement, Immigrant Justice Network, available at http://uncoverthetruth.org/wpcontent/uploads/2010/04/IJN-Dangerous-Merger-Primer.pdf .   This ICE detainer provides a notice of ICE’s intent to arrest an individual who i

The Wisconsin winter season is coming fast.  There are all types of fun things to do in the Wisconsin snow.  But know, similar to driving a car, if you operate a snowmobile while intoxicated, you can be arrested for drunk driving. Wis. Stat. § 350.101 (1) (a) reads “No person may engage in the operation of a snowmobile while under the influence of an intoxicant to a degree which renders him or her incapable of safe snowmobile operation.”  However, the big difference is drunk

“A six-pack of beer and boating go together like a peanut butter and jelly.” John Fetterman , law enforcement director with the National Association of State Boating Law Administrators explained. “There are still a lot of people that think that’s just the way it is.” Since 2003, an average of 124 deaths occurs annually in the U.S. as a result of alcohol-related boating accidents. The Coast Guard has instituted a plan to reduce the overall death toll by five percent by 2016, t

No rational person condones violence toward anyone, particularly a family member or intimate partner. In America there are many tragic domestic relationships that involve battered men, women, and children. A true victim in a violent intimate relationship needs immediate support and protection. A true batterer needs to face the legal consequences of their actions.   But the term "batterer"  is commonly misused in domestic violence debates. Battering does not refer to an argum

Drug crimes are taken very seriously by prosecutors despite society growing tired of the government’s war on crime.  A national survey by the Pew Research Center finds that 67% of Americans say that the government should focus more on providing treatment for those who use illegal drugs such as heroin and cocaine. Just 26% think the government’s focus should be on prosecuting users of such hard drugs.  Support for a treatment-based approach to illegal drug use spans nearly all