Mar 12, 2006

judicial urination

Well, that didn't take long. I found a story that is so clear-cut and so obvious and yet has not been politically mangled by anyone I've heard.
Ruling on an appeal brought by a Berkeley man who was charged with cocaine possession after an officer stopped him mid-pitstop, the Court of the Appeal for the Second District said Wednesday that public urination is a crime that justified the officer's search of the man's pockets.
"Urination on or near a busy commercial street interferes with the comfortable enjoyment of both life and property," Presiding Justice J. Anthony Kline wrote in an opinion that concluded public peeing qualified as "a public nuisance."
"The sight and smell of urine are vile and offensive, and those who use the public streets and sidewalks cannot be freely subjected to such unpleasantness," Kline continued.
If anyone wants to whine about judicial activism, here's opportunity. This justice decided that even though there is no public urination law either in the area or state where this arrest occured, he was going to pretend that there was one so that the arresting officer had a legitimate reason to search the defendant. Sure, public urination may be "vile and offensive" but if the California legislature or Oakland city council can not be bothered to make it illegal, then, Mr Presiding Justice, it's none of your fucking business.

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