WASHINGTON, DC – Insisting that the use of drug-sniffing dogs by police to carry out warrantless searches of private homes favors canine sensibilities over citizens' privacy rights, The Rutherford Institute has asked the U.S. Supreme Court to declare the practice unconstitutional in violation of the Fourth Amendment's prohibition on unreasonable searches and seizures. In filing an amicus curiae brief with the U.S. Supreme Court in Florida v. Jardines, Institute attorneys cite mounting empirical evidence that narcotics detection dogs are unreliable and inaccurate. Institute attorneys also point out that the amount of time it takes for the dogs to carry out a detection sniff on the perimeter of a private residence constitutes a trespass under Fourth Amendment jurisprudence.

The Rutherford Institute's brief in Florida v. Jardines is available at www.rutherford.org.

"The specter of a police dog handler team with supporting armed backup at the front door of a private residence is a chilling scenario indicative of the entrenchment of a growing police state," said John W. Whitehead, president of The Rutherford Institute. "If this Court permits warrantless dog sniffs of citizens' homes, it will unleash an Orwellian nightmare of intimidation, leaving no one safe from the prying sniffs of the American Police State."

The case arose out of an incident that took place in November 2006, when Miami police responded to an "anonymous" tip that marijuana was being grown at the residence of Joelis Jardines. After police surveillance of the Jardines home failed to reveal any incriminating evidence, the police brought in a drug-sniffing dog and handler to inspect the property at 7:30 a.m. The police handler walked the dog up to the front door on a leash and the dog allegedly "alerted" to the scent of contraband, which was reported to the investigating police who also approached the door and allegedly smelled marijuana. Using this information, the police obtained a warrant to search the Jardines residence, resulting in the seizure of marijuana plants. In court, Jardines' lawyer moved to suppress the evidence obtained under the warrant, insisting that the warrant itself was invalid because of its reliance on the alert by the drug-sniffing dog. On appeal, the Florida Supreme Court ruled that the use of detection dogs at private residences raises significant privacy concerns. The U.S. Supreme Court, having ruled in previous cases that dog sniffs do not constitute "searches" for purposes of the Fourth Amendment, agreed to review the state court decision. In weighing in on the matter, attorneys for The Rutherford Institute argued against the reliance on drug-sniffing dogs as the basis for search warrants, pointing out that both anecdotal evidence and research show that dogs frequently signal false alerts and show sensitivity to handler bias. Institute attorneys also noted that the mere presence of the dogs on private property and the amount of time it takes for the dogs to alert to any alleged contraband constitute an illegal trespass. A better, more constitutional, alternative, as the Institute's brief makes clear, would be for police to obtain a search warrant prior to introducing dogs onto the scene for a perimeter sniff.

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Law Will Help Protect Dwindling Shark Populations Worldwide

CHICAGO - July 1, 2012. Governor Pat Quinn today signed a new law that bans the sale, trade, or distribution of shark fins in Illinois. The practice of harvesting shark fins, most commonly for shark fin soup and Asian cuisine, usually results in the shark's death. As part of Governor Quinn's efforts to stop animal cruelty and preserve natural resources in Illinois, this new law will help end the killing of sharks for their fins and prevent the collapse of shark populations worldwide.

"Sharks have roamed our oceans for millions of years but the practice of harvesting them for their fins poses a great threat to the species," Governor Quinn said. "By limiting the market for shark fins, we will protect ocean ecosystems and shark populations around the world."

House Bill 4119, sponsored by Rep. Sara Feigenholtz (D-Chicago) and Sen. Antonio Munoz (D-Chicago), bans the selling and trading of shark fins in Illinois, which are harvested and typically used in shark fin soup and Asian cuisine. Frequently, sharks are caught and their fins cut off to be sold or traded. The shark is then thrown finless back into the ocean where it bleeds to death or drowns.

"I would like to thank Governor Quinn for signing legislation and putting Illinois at the forefront of this important issue," said Rep. Feigenholtz. "In addition to being inhumane, the practice of harvesting shark fins has had a devastating impact on worldwide shark populations and put at risk the balance of our global oceanic ecosystems."

"In Illinois and Chicago, where we value our beautiful Lake Michigan, our rivers and natural resources we understand the importance of preserving and saving delicate ecosystems," said Sen. Munoz. "Thank you, Governor Quinn, for helping us do what's right and protect these animals."

Shark populations worldwide have declined by an estimated 90 percent or more during the past 50 years. The demand for shark fins has increased along with the popularity of shark fin soup. This new law will help protect shark populations by prohibiting the fins from being distributed in Illinois. Illinois is the first non-Pacific state to enact such protections. The ban takes effect on Jan. 1.

The Governor signed the law at the Shedd Aquarium's Wild Reef, which is 25 feet below street level. A re-creation of Apo Island, an Indo-Pacific island in the Philippines, the Wild Reef brings one of North America's largest and most-diverse shark habitats to the shores of Lake Michigan. More than 20 sharks reside in a curved-overhead 400,000-gallon habitat, including blacktip reef, spotted and japaense wobbegong, and sandbar sharks. Other large reef fish, such as the 40-pound Napoleon wrasse share the habitat.

"This is a historic day for sharks around the world. We applaud Governor Quinn, State Representative Feigenholtz, the Illinois General Assembly and our coalition partners for enacting this law," said Ted A. Beattie, Shedd Aquarium president & CEO. "Each year millions of sharks are killed, many only for their fins. As a global conservation and education organization, and leader in shark research, this is welcomed news for these amazing and very misunderstood animals."

"The unsustainable demand for shark fins has had a devastating impact on shark populations worldwide, and this decisive action makes it clear Illinois will no longer contribute to the cruelty," said Kristen Strawbridge, Illinois state director for The HSUS. "We thank Governor Quinn for signing this bill into law and making Illinois the first Midwestern state to join the international movement to protect sharks by shutting down the market for shark fins."

Shedd Aquarium

The John G. Shedd Aquarium, a nonprofit organization dedicated to public education and conservation, is among one of the world's largest indoor aquariums. The facility houses over 32,500 aquatic animals representing some 1,500 species of fishes, reptiles, amphibians, invertebrates, birds and mammals from waters around the world.  Beautifully situated on the shores of Lake Michigan, Shedd Aquarium is known as "The World's Aquarium."  Since its opening in 1930, the aquarium's mission has been to enhance public understanding and appreciation of the aquatic world.  Shedd Aquarium is committed to a number of projects designed to preserve threatened or endangered aquatic species. For more information visit www.sheddaquarium.org.

DAVENPORT, IA - On June 29, 2012, Travis John Claude, age 23, of DeWitt, Iowa, was sentenced to 120 months of imprisonment for one count of receiving and distributing child pornography, announced United States Attorney Nicholas A. Klinefeldt. United States Chief District Judge James E. Gritzner also ordered Claude to serve a term of supervised release of 10 years following his incarceration and pay an assessment of $100 to Crime Victims Fund.

The case began during an online undercover peer-to-peer investigation. Law enforcement identified an internet protocol (IP) address associated with the file-sharing of child pornography.

Subsequent investigation showed that this IP address came back to the residence of Claude's parents, where he also resided. A search warrant located Claude's computer, which was found to contain child pornography. During an interview Claude admitted downloading child pornography via the GigaTribe file-sharing network.

This investigation was conducted by the Federal Bureau of Investigation, the Iowa Division of Criminal Investigation, the DeWitt, Iowa, Police Department, and the Iowa Internet Crimes Against Children (ICAC) Task Force. The case was prosecuted by the United States Attorney's Office, Southern District of Iowa.

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Success in Peoria paves way for Jacksonville, statewide expansion

 

PEORIA - June 29, 2012. During a visit to a Peoria women's shelter today, Lt. Governor Sheila Simon announced a new pilot program that is connecting survivors of domestic violence with free legal experts using webcams and a high speed Internet connection.

 

Simon designed the Virtual Legal Clinic to link domestic violence survivors in underserved areas with attorneys across Illinois that specialize in family law. The survivors receive a single, free consultation via webcam using internet technology at a local shelter and learn about legal options and remedies to keep their families safe.

 

The Virtual Legal Clinic began at The Center for Prevention of Abuse in December and is expanding to the Crisis Center Foundation in Jacksonville this month. After the pilot program is complete with additional expansions elsewhere in the state, Simon will provide the Illinois Coalition Against Domestic Violence (ICADV) with a packaged program it can use at agencies statewide.

 

Simon's pilot project comes at a time when funding for human services is being cut, but the Lieutenant Governor said the resource was developed in-house with materials funded by ICADV, and participating attorneys can receive free continuing education credits developed by Simon's legal staff.

 

"The Virtual Legal Clinic is a free, safe and ethical way to help victims of domestic violence become survivors of domestic violence," said Simon, a longtime legal advocate for domestic violence survivors. "The legal system can be overwhelming, and this service will help people take the next step toward safety and stability."

 

Sandra Quello Chiz is an attorney who consults with the Peoria clinic via webcam from her Manteno office. She immediately saw the benefit of the Virtual Legal Clinic in her first consultation.

 

"At the time of the consultation, my first client was involved in a legal battle and was fearful because she didn't understand what was happening," said Quello Chiz. "Not only did I explain to my client what was happening legally, but I was able to point her in the direction of other resources, too. The Virtual Legal Clinic is the best idea I've heard in a long time and I wish we could expand it faster."

 

Martha Herm, the executive director at The Center for Prevention of Abuse in Peoria, said her agency is averaging two to three consultations per month, primarily women who are new to the shelter and need legal guidance after obtaining an order of protection. The center serves 3,500 domestic violence survivors each year in Peoria, Tazwell and Woodford counties.

 

"Survivors often face many legal challenges and they don't know where to turn," Herm said. "If we can offer survivors a starting point - a free and confidential legal consultation - they'll know their options before making any other decisions."

 

The project's second site in Jacksonville serves between 350 and 400 clients in Morgan, Scott, Cass and Greene counties each year, said executive director Dona Leanard.

 

"Domestic violence survivors are already facing a great deal of stress and pressure, before adding in legal issues," Leanard said. "These attorneys are trained to handle domestic violence situations and can be incredibly helpful to clients that can't find help anywhere else."

 

Nationally, one in four women has experienced domestic violence in her lifetime, and in Illinois, nearly 40 percent of women will experience domestic violence by an intimate partner.

 

The Virtual Legal Clinic turnkey program should be available to ICADV member agencies (all outside of Chicago) by 2014 to fill a gap in services, Simon said. Ideal agencies are those that serve rural or underserved communities, and likely users are survivors who cannot afford a legal consultation but do not qualify for legal aid, or survivors whose alleged abusers are represented by legal aid. Legal topics for consultation include child custody and visitation, marriage and divorce, elder abuse, immigration and property issues.

 

This is not Simon's first foray into legal representation of domestic violence survivors. She prosecuted battery cases as a Jackson County prosecutor and founded Southern Illinois University School of Law's domestic violence legal clinic, which now has a second location at the University of Illinois in Urbana-Champaign.

 

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