If you must file a complaint against a police officer who chooses to falsify police reports or other types of police misconduct, please call the Minnesota POST Board at (651) 643-3060 or the local POST Board for Police Training. Be prepared to run through a Merry-go Around.

There is one man that claims to be diabled, and being held against his will on aidpage. He is known by the Colorado Police, and is considered to be a scam.

It is true that absolute power corrupts absolutely. You can buy your freedom if you could afford to defend yourself. However, legal aid has only so much money to defend the hundreds of people needing legal representation.

The freedoms and liberties our American forefathers dreamed about have long changed and reflected as distorted truth from a political fun house mirror.

This is why getting involved with your local politics is your last option.

Brighan

It is true that most citizens do not understand the rights that protect them. The "bending" of the law is out right illegal and violates the oath of office sworn to by law enforcement officers. Too many innocent people have been found guilty by a jury of their peers. For a very long time these innocent people have come from minority groups and those on the bottoms rungs of the social ladder. It is spreading into the middle class. These "defendants" are shocked when they are confronted law enforcement and charged with a crime. I have heard them say that they had no idea just how corrupt the "Justice System" really is. More and more people are forced to prove their innocense. Innocent until proven guilty is a wonderful concept developed by our forefathers. It is dead now.

Sexual assault is an act of violence. This can be obvious, as in an assault in which a weapon, physical force or a threat is used. In other situations, the violence is more subtle, as when a position of authority, age, size, or status is used to trick, scare or manipulate the victim.

Many State laws classify sex offenses from penetration to touching people outside of their clothes that cover their private part area.

To me, the legal language of the law would extend the crime of sexual misconduct to include massaging a baby after feeding to holding the baby in an upright supported position by the crotch.

Of course, the latter intent of Congress is about the offending actor who intends to touch the victim for sexual gratification, but let me be clear about unclear use of evidence used against people who are convicted of sex crimes, or the people who are at risk of committing sexual misconduct.

Any debate about other men or women accused of committing a sexual offense?

How did the jury recieve and percieve the evidence in the case?

I ask this because many people, especially family members, are increasing in numbers in family court due to misinformation, bad blood, or just misunderstanding.

In the light of an eight-year-old boy accused of murdering his father and household friend brings up the question whether trained investigators slant the confessions of children.

That is my sandwhich for thought today.

Thank you for giving me support and I will tell you that I am far from posting other works in progress in my blog. I am hoping to delve into the roots of poverty and bring people together as a community.

Brighan

Brighan: I wish you the best in your endeavours. Your blog is very impressive and quite informative. I hope others read what you have written and understand the seriousness of this problem and the ramifications if it continues unchecked. I am currently dealing with this issue and have developed a complete lack of faith in our "Law Enforcement/Judicial" System. I am an 8 year veteran of the US Navy, I took an oath to support and defend the Constitution against all enemies foreign and DOMESTIC, we are a country at war and are sending our sons, daughters, mothers and fathers to foreign countries to fight and possibly die to protect our way of life. Our way of life is founded in the principles set forth in the Constitution of the United States and I for one believe that it is worth fighting for. Our country needs people like you here on the homefront as educated "soldiers" to stand up and protect the rights that others are willing to give their lives for. This country needs lawyers like you, those with integrity and a strong conviction for the truth. May you have fair winds and following seas in your quest to becoming a licensed Attorney, you'll be one of the good ones. Good Luck, Captjay

      The recommendations contained in this report are in response to concerns about sex offenders moving into the Payne-Phalen neighborhood, and the recent Eastside rapes at the hands of multiple sex offenders.
       I like to warn the readers who live in the Payne-Phalen neighborhoods there are no legal monitoring models in use that will provide 100 percent protection from predatory sex offenders. Besides, people must think about their morals and ethics for balancing the civil rights of convicted sex offenders between the greater good of public safety and its costs.
      Many legal analysts give their support and opinions that low-level sex offenders might clog the sex offender monitoring programs, in which case the current science of sexual offender risk assessment is faulty. Abner (2006) is a Justice Public Safety Analyst who writes “Waging War on Sexual Crimes” in the April 2006 issue of State News about the new police supervision role for monitoring and interacting with high-risk sex offenders (p. 13). Currently, Ramsey County uses the “Weed and Seed” program, which can screen high-risk sex offenders from moving into the Payne-Phalen neighborhoods.
       The U.S. Department of Justice's developed the Weed and Seed program to demonstrate an innovative and comprehensive approach to law enforcement and community revitalization, and to prevent and control violent crime, drug abuse, and gang activity in target areas. The program, initiated in 1991, attempts to weed out violent crime, gang activity, and drug use and trafficking in target areas, and then seed the target area by restoring the neighborhood through social and economic revitalization. Weed and Seed has three objectives: (1) develop a comprehensive, multi-agency strategy to control and prevent violent crime, drug trafficking, and drug-related crime in target neighborhoods; (2) coordinate and integrate existing and new initiatives to concentrate resources and maximize their impact on reducing and preventing violent crime, drug trafficking, and gang activity; and (3) mobilize community residents in the target areas to assist law enforcement in identifying and removing violent offenders and drug traffickers from the community and to assist other human service agencies in identifying and responding to service needs of the target area.
       “Weed and Seed” can help in the sex offender’s rehabilitation from their offense until they are unlikely to reoffend. In which case, Ramsey County and the St. Paul Police can work together for using Abner’s idea with Scotland’s supervision model by working with trained police inside appointed sex offender units enforcing sexual offense prevention orders, and supervising sex offenders (Scottish, 2005).
      Scottish (2005) posts their police model, which has a successful working partnership with community social service agencies (p. 1). Each offender has caseworkers, probation officers, and law enforcement assigned to him or her for the long-term goal that helps them assimilate back into society. In addition, Abner (2006) recognized that “in execution of such duties the police may, on occasion, act in an encouraging advisory capacity…” (p. 19). The police must help sex offenders regain public trust and self-control. Until then, court orders are the first line of defense.
       Court orders restrict offenders, for example, not to frequent public parks, playgrounds, child-care, or certain public events where vulnerable people may be present. The St. Paul Police must enforce any court order violations made by high-risk sex offenders. Barring a mistake, sex offenders should have three warnings before using GPS or civil commitment.
       Ramsey County can copy the Scottish Concordat agreement, which proposes that Eastern District police and others involved in monitoring teams should undertake nationally provided training on overseeing sex offenders and risk assessment. Law enforcement can learn to reassess the priority allowed to work with sex offenders, and evaluate contributing sex offending intelligence to wider crime prevention and detection databases (Scottish, 2005).
       However, there are problems with supervising sex offenders and enforcing laws in the Payne-Phalen area that I will discuss.
        First, the lack of community budget to pay overtime costs for St. Paul patrol officers to “baby-sit” sex offenders. To offset these costs, the City can apply for money at the Department of Justice Sex Offender Management Grant Program (CSOM, 2007). In addition, the sexual predator can help pay for his or her monitoring program through community service or by some other incentive programs.
       Second, many offenders leave their “zones” without registering or updating their information. This is where frequent monitoring by the Eastern District needs to verify if the offender is compliant. Finally, most offenders are using the Internet at home, which limits public scrutiny for monitoring the offender’s computer activities.
       With having said that, the Payne-Phalen neighborhoods want sex offenders to have proper supervision that identifies any changes of the offender, which could increase the risk of harm to others.
       The Eastern District police can help their sex offenders develop techniques for self-risk management through supervision and guidance with the help of frequent home visits by police units, social workers, and probation officers.
        On each compulsory interview, 1) the sex offender must receive a copy of the registration requirements; 2) asked to verify if his or her information is still valid and record any changes; and 3) have the right to choose a Sex Offenders Co-coordinator to link with and be a link for other police colleagues and proper agencies (Scottish, 2005).
        Following the Scottish lead, new requirements in the sex offender’s release agreement must allow the Eastern District police officers to use laptop computers with tracking software. The new computer software allows the police officer to preview any material stored on the offender’s personal computer during the home interview, which each program costs $35 and charged to the high-risk offender (E-School, 2002). Computer software tracking gives St. Paul police new investigative abilities for watching high-risk sex offenders. Electronic monitoring can also include satellite monitoring by GPS or RFID.
       Global Positioning System (GPS) is a small unit, which police officers can use satellite tracking. GPS mapping of the community can aid officers track high-risk sex predators. The high-risk offender can help pay for the GPS service used with the home monitoring program.
       Each GPS bracelet costs about $2,000 and the cost for daily monitoring via GPS costs about $8; in addition, agents who monitor sex offenders need to have acceptable training and salary (Nelson, 2007). The GPS supervision program exists in Wisconsin, in which case it already cost $1 billion+ to Wisconsin taxpayers with looming budget cuts (Marley, 2007).
        However, bulky ankle bracelets cause the offender a public stigma and the bracelets are susceptible to tampering and removal, which thirty-three States have not yet voted if microchipping may be an alternative. I will mention the RFID to show people how far people are willing to go to give up their civil rights or infringe on others.
        RFID— I showed a PowerPoint presentation about RFID in my Critical Issues of Law Enforcement class. I told the class the RFID is a small passive or active microchip the size of a grain of rice implanted under the skin of the sex offender for tracking and identification.
        The group project highlighted the microchip has health and civil rights issues, in which case seventeen States banned microchipping humans following the passage of 2005 Wisconsin Legislative Law 482. The ACLU and many legal analysts argue that microchipping and using GPS on humans violate the 4th , 5th, 8th, 9th, and 14th Amendments of the US Constitution. Minnesota legislation currently does not ban the use of GPS or RFID, which tracking indigent sex offenders with 80-cent microchips are cheaper than GPS bracelets.
       However, problems will occur if a sex offender moves out of Minnesota into the other seventeen States that banned microchipping of humans. Many States adopted Wisconsin law 482, which punishes the entity who injected the microchip with fines of $10,000 for each day the microchip remains inside the resident.
       Therefore, I believe the cost of remote monitoring should not trade public safety for definitive police work that supports the civil rights of the sex offender and the community. Electronic monitoring is expensive and brands the offender with public humiliation until the next argument presents itself that new technology makes the GPS bracelet discreet. Public opinions to use electronic devices for monitoring sex offenders who “might commit a crime” infringes their Eighth Amendment guarantee from “Cruel and Unusual Punishment.”      
       Sex offenders can challenge their Constitutional rights or public laws all the way to the US Supreme Court at costs to taxpayers. I believe it is cheaper for the Eastern District to monitor offenders with consistent judicial and citizen supervision with verbal and written warnings, and then civil commitment to psychiatric hospitals or prison if there is noncompliance.
       Scottish (2005) writes, “police officers must have supervising powers similar to social workers and probation officers, which directs a sex offender to end specific activities or undertake others, such as health clubs, public activities involving vulnerable people… If the offender rejects such a warning and after a suitable time has elapsed (at the discretion and recorded by the police officer) then the police can issue the offender a final warning.”      
      The commanding supervisor must give his or her approval before disclosing the sex offender’s personal information. The Commander must find out if citizens have any prior knowledge of the sex offender before disclosing any information;
       Second, people must know about confidentiality laws and the use of such information for public protection and specific purposes only (Scottish, 2005). If the warnings do not stop the offender’s high-risk behavior, then by law, it is possible to commit the unresponsive offender indefinitely to a psychiatric hospital.
      The US Supreme Court ruling in Kansas v. Crane 534 U.S. 407 (2002) said, “States retain considerable leeway in defining the mental abnormalities and personality disorders that make an individual eligible for commitment; and psychiatry, which informs but does not control ultimate legal determinations.” Crane cited Kansas v. Hendricks 117 S.Ct. 2072 (1997) that it had set “forth no requirement of total or complete lack of control, but the Constitution does not permit commitment of the type of dangerous sexual offender considered in Hendricks without any lack-of-control determination.” The Court stated that Hendricks referred to the [Sexual Predator] Act as requiring an abnormality or disorder that makes it “difficult, if not impossible, for the [dangerous] person to control his dangerous behavior.” Id., at 358 (emphasis added). The Court defined the word “difficult” suggests the lack of control was not absolute. The Court admitted-- “an absolutist approach is unworkable and would risk barring the civil commitment of highly dangerous persons suffering severe mental abnormalities.”
       In Hendricks, this Court said, “It is enough to say that there must be proof of serious difficulty in controlling behavior.”
       The Center for Sex Offender Management at www.csom.org said sex offenders have recidivism rates of 52 percent in twenty-five years, in which case society must think about balancing the civil rights of convicted sex offenders between the greater good of public safety and its monitoring costs.      
        Sex offenders may face a stigma of public scrutiny because of changing legislation, routine judicial supervision, and the fear of civil commitment, especially for the low-risk sex offenders. Besides, new legislation somehow entraps people and ruins their lives until there is a Supreme Court decision. With having said that, educating people about sex offenders is the key for mutual civil existence.
        The biggest benefit is that ideas are coming directly from fully invested community members helping the sworn monitoring staff to understand the community’s perspective on what they want and need to know. Both the community and the police department benefit from an increased awareness of an offender’s assigned risk level and helping each other with keeping accurate registration information. Find a core community group that is reflective of the city’s demographics and encourage them to meet with police departments to learn about sex offender management. Citizen volunteers are a visual extension of the law enforcement presence in the neighborhoods; neighbors know that they can approach the sex offender monitoring team with questions and ask for information.
     Costs are small to the judiciary. A large network of community and federal organizations can absorb most of the costs, such as grants from Foundations, our Department of Justice, and the offender or other people. High-risk sex offenders can rehabilitate themselves when they contribute community service or personal finances to help pay for the continuing help provided in the sex offender monitoring program. The message to sex offenders is that police departments are enforcing public monitoring.
      In conclusion, the public can help a sex offender change for becoming a productive member of society, in which Scotland, so far, has a high success rate of assimilating sex offenders back into society. Sex offenders supervised by the police, probation offices, and concerned citizens will work.
       However, some people say that electronic monitoring by GPS must be the final solution for noncompliant sex offenders. Legal analysts argue that 24-hour electronic monitoring is unconstitutional. Many conservative people believe if the offender recidivates or has three warnings under the judicial supervision model, then off to court to judge whether he or she will spend an indefinite time at a State Hospital or prison.
       Until legislation changes, I believe that before anyone thinks about depriving the sex offender’s civil rights, people should not forget about the wide berth of Minnesota laws that can trap consenting--but unmarried adults--with arrests for illegal sex. Someday, you too might be a convicted sex offender.

                                                        References

Abner, Carrie. (April. 2006). Waging War on Sexual Crimes: States Target Sex  
             Offenders through Policy and Practice. [Electronic Version] State News.
             Retrieved from www.csg.org on February 25, 2007.

CSOM (Center for Sex Offender Management). (Feb. 2007). FY 2006 Comprehensive 
             Approaches to Sex Offender Management Grant Program Awards Announced.
             Retrieved from http://www.csom.org/whatsnew/new.html on February 26, 2007.

E-School News Staff. (Feb. 1, 2002). Probation officers use software to monitor sex   
             offenders. Retrieved from
              http://www.eschoolnews.com/news/showstory.cfm?ArticleID=3489 on February  
              25, 2007.

Harrington, St. Paul Police Chief John M. (Spring. 2007). LAWE 301, Community
              Policing Lecture notes Jan. 22, 2007. Metropolitan State University, St. Paul,
              MN.
Marley, Patrick. (Feb. 15, 2007). Doyle seeks less sex offender monitoring: Budget                                          
               retreats from parts of plan he OK'd last year. [Electronic version] Journal 
              Sentinel. Retrieved from             http://www.jsonline.com/story/index.aspx?id=566483 on February 25, 2007.

While I don't agree that children should be considered to be put on the registry, I feel that the registry should exist. People like Altemio Sanchez - Buffalo, NY accused Bike Path murder/rapist - deserve to be on that list. This man went undetected for years - while another served a life sentence in his place - until DNA testing proved Sanchez to be the killer of more than 30 rapes and murders. Do you honestly think a long time criminal like Sanchez can be rehabilitated? Yes, we know our govt is corrupt - DUH! What was your first clue? But to suggest an animal like Sanchez - and others like him deserve to be treated with some form of dignity and respect is ludicrous. To me, your suggestion is no different than that of all the other bleeding heart liberals who want to put a chip in everyone "for their protection" - it's pure stupidity. What's next? Lock up the victims and let the criminals roam free? After all, that is where you are headed. What do you do with the parents who beat the hell out of their kids? Make them say they are sorry and write 100x on the blackboard "I will not beat my kids." and then send them home? What about the gangs who drive down the street and shoot at people? Take their real gun away and give them a water gun and tell them to have fun? Have you seen Dateline lately? There are a TON of perverts out there who just haven't been caught yet.Do you want these guys around your kids? I don't want them near mine. Stating that victims become abusers is NOT true in every case. Not every child who lives with an abusive drunk becomes one. IT IS A CHOICE! IT IS THEIR CHOICE. IT IS A MATTER OF SELF CONTROL. If they cannot control themselves, then put them somewhere so they and the public will not have to worry about who will be their next victim. STOP placing the blame on society or the government and start making them accept the blame for their own actions. If I am ever in the position of having to defend myself or my child against a sexual predator, I can guarantee you this: only one of us will walk away. Believe me, they would pray for jail.

The California Department of Corrections made me an offer to place a microchip in my hand in 1993 which I could not refuse, literally..... more? http://krrjr.blogspot .com/ Keith Richard Radford Jr's Blog spot. Our nation only knows what they hear and see, and they have not been presented the truth to evaluate. Our nation still believes that sex offenders can not be cured. As long as our nation chooses to tear down its people, its people will suffer at our nations hands. http://www.youtube.com/view_ play_list?p=9316AC3BD1655C21 A look into the conditions that Megan's Law has created through the eyes of a therapist who has worked with sex offenders for over 23 years, and a woman who's son has been imprisoned after his sentence was served ten years ago, yet is still incarcerated and RFID use. Thank you so much for reading this information. Best regards, Keith Richard Radford Jr http://www.sosunite.com/ Please look for my new book, Everything You Always Wanted To Know About America's Presidents* *But Were Afraid To Ask. Hear is the Preface for your review provided you have time. Preface In the following pages you will read about the forty two men who have attained the highest political office in the American the Presidency. Moreover, you will learn of many other patriotic Americans whose contributions to the success of our nation were equally important. Additionally, you will be taken on a pre-revolutionary tour of Boston where you will read about many of the events which led to our independence. As a young boy, Mac was raised in and around Boston, where America's history, from pre-Revolutionary days to the present, reveals itself at every turn. Mac, said however, he too often passed by historical landmarks without ever realizing their importance; he could not have cared less. American history was far down the list of my favorite school subjects for Mac and I had to used my Government book to keep my lunch money by gluing it inside my notebook and using it like a mace. However, after graduating from high school and moving to California, his attitude changed. Returning home for short visits, Mac developed an interest to visit the many sites which He had previously ignored discovering the historical relevance to everyday life. With each succeeding trip Mac visited as many landmarks as time would allow - - Plymouth Rock, Salem, Lexington and Concord, Bunker Hill, Philadelphia, Gettysburg, Washington D.C. and Mount Vernon, Virginia. Armed with his camera, Mac captured a pictorial essay which was entertaining as well as educational. These slides, and the commentary that went with them, expanded rapidly to four one-hour presentations which Mac was pleased to deliver to service clubs, schools, hospitals, church organizations, and even to teacher's groups. I met Richard L. MacMurray on the fish line from Atascadero State Hospital were he was raped by three guys who wanted to teach a sex offender a lesson. It was my 1st day on the job and I was asked to look out for him. Giving a 24hr. heads up I had the night to think just what would I like offered to me when I arrived in prison. The options were without end, but there was one common thread. What was this guys desire, and how could I turn it into a positive for everyone where something good could come from it. I asked one of the guys to check in with him. Sit with him and talk to him and find out what he wants to do with his time. He told us his need to write a book, a history book. The best thing for anyone is to have a purpose and the D-Quad Psych. Department inmate staff chose to join the project. Mac decided to really get serious and spent hours in the library, as well as in book stores, researching each President for uncommon, yet noteworthy stories. Mac orchestrated the guys on the project having them incorporate their studies in classes missed in the real world wile Mac worked hard to help each one with their studies wile gleaning more information for the book. All I had to do was sit with him for an hour each morning on the yard till the gate racked to go to his teachers' assistant job at the prison. Once he was in the education area he was in his environment. Each morning he would feed the birds with bread which he took from the chow hall. After about a year passed and I was giving him bread I took for him along with others dropping off bread out of site of the guards. Mac spent the hour each morning with us helping us learn wile feeding the birds. We knew the only investment we could make that could not be taken away was an investment in ourselves and looking after Mac had become important to us. We had questions that would sometimes take a week or two for us all to agree on an answer. We found our viewpoint was in essence quite like our founding fathers viewpoint since they were the criminals of their time looking to survive and grow in a new place. Others would join in on the yard and soon D Quad was not divided by ethnic foolishness. The D-Quad Psych. Department inmate staff was doing a project that was getting some outside attention which meant less pressure. The guys were a mix matched batch of everything from Tyranny's to Homophobes but we could all appreciate the honesty of men who also had something more important than themselves. Mac was especially grateful to a long-time friend Mike Birkholrn. Mike not only encouraged him from the very beginning, but he also offered the resources of his company (Hemmings, Birkholm & Grizzard) to publish the manuscript in October 1993 Dr. Ken Barclay of California Polytechnic University (Cal Poly, San Luis Obispo), offered much encourage­ment and advice. The office of Congressman Bill Thomas (R-Calif. 21st District) provided up to date information on Cabinet Officers, Supreme Court Justices, government agency addresses, and other statistical information. The last time I really saw Mac was when he told me he was going to be placed in the civil commitment program. I had an offer from the California Department of Corrections to place a microchip in my hand so I was going home in about a month. Our support system was breaking down and Mac looked rough. He knew I was sad for him and he forgave me for not attending at the gate and he was going to cell up. That was the day he gave me a signed copy of our book with a note to my mom and step dad letting them know I was making positive use of the time. The four years we were incarcerated at the same facility the topic was the human factor in history and understanding we are all imperfect. What our founding fathers chose was to build not destroy yet instead of sending a nation to college we send our most valued resource, humans to prisons. The process of punishment is counter productive in my humble opinion, sending someone to college seems more productive allowing perspective when most inmates come in believing the world is still flat. Don and Nancy Part3 eyes of a therapist who has worked with sex offenders for over 23 years, and a woman who's son has been imprisoned after his sentence was served ten years A look into the conditions that Megan's Law has created through the eyes of a therapist who has worked with sex offenders for over 23 years, and a woman who's son has been imprisoned after his sentence was served ten years ago, yet is still incarcerated and RFID use. http://krrjr.blogspot.com/ Keith Richard Radford Jr's Blog spot. http://www.sosunite.com/

Discrimination allows superiority where truth is hidden and corruption tends to creep in. This is the human equation. People change day to day. Things change, steal rusts while conceited blows away, but the energy that makes us who we are moves through us as we experience our lives. Governments, Advocates, Churches, and Media put pressure on sex offenders who are struggling daily to make a way for their families. These groups are one in the same who have created the realm of secrecy and oppress for gain. To be ashamed of being a flawed human who makes mistakes, is the responsibility of the person/group/s allowing laws of decimation which is abuse. Inflicting pain on any person who has been betrayed by that societies recklessness to hide the truth because of its own shame is the ultimate in irresponsibility. By continuing to advocate lifetime sentences, separation, eradication, concerning sexual offenses is recognition of the breakdown of group/s and any system/s which supports this human rights abuse . There can be no justice where the responsible party is the society which refuses acceptance of its error. Thinking that labeling anyone concerning life and death decisions with regard to sexual offenses has no validity. The stigma/demonization/and continuance of the myth is perpetrated by the group/s and any system/s that makes people suffer for a belief that has only for centuries hidden its own truth. Please take time to write those who can change our laws. What ever we do we do to ourselves as money and power leads us by the ring in our nose rendering us unable to hear or see beyond the sound of our own greed. Mr. & Mrs. Keith Richard Radford Jr. http://www.SOSunite.com http://www.youtube.com/sosunit e http://krrjr.blogspot.com /

Hi, I was looking up my ex on the web, because he's a huge looser and owes over 10,000 in child support and I came across this website. MY ex's name is listed on here, with my address, we hadn't been together for a year before this was posted but he was just to lazy to change his license. CAN YOU PLEASE correct his address on here, I don't want mine associated with him, I can give you the address he lived at at the time.

     It was a cold Sunday morning in St. Paul back in February of 2005 when I awoke to the pounding on my doors and windows from every side of the duplex. I went to look at my security monitor while my girlfriend answered the door. Deb came back panicking when she said it was the police. The police acted just as cold as the weather when I answered the front door wearing only a blanket and a pair of pants. They accused me of running back into the house, while the other officers kept pounding on my house. I replied that I was making sure it was the police before I opened the door. They asked who I was and what floor I lived.
     The police wanted to search for a man related to the upstairs tenants. According to Minnesota law, I knew the police were misrepresenting their purpose for gaining entry into the house. The rule of Hot-pursuit enables the police to use warrantless entry if they were chasing a suspect. I did not hear anyone entering the duplex before the police arrived. I called for the upstairs tenants to come out because they had “guests” at the front door. I kept calling for my tenants and ringing their doorbell to wake them up. The police commenced my Fourth Amendment rights when they waited for me to turn my back so I could close my apartment door.
     At that moment, the officers went upstairs and opened the unlocked door to my tenant’s apartment. I believe the police illegally entered the house looking for a suspect that was not there. The police can argue the hallway is a commons area shared by a member of the household and I implied consent to enter. I did not imply consent for the police to enter the house when I stood guarding the door half-naked and freezing for four or five minutes because the police refused to let me shut the door. The consequential legality is that any evidence recovered from the upstairs apartment should be inadmissible in the court of law.
      The intrusion angered me although the police arrested the tenants for committing a crime against their lease and state law. By law, the police spotted a large bag of marijuana on the coffee table and “held” the upstairs apartment while they got a search warrant. The police charged the upstairs tenants and confiscated their drugs, paraphernalia, and weapons.
      The upstairs tenants plead guilty because their public defender did not want to fight the charges based on the reports given by the police officers. Simply, it is limited economics and time whether the lawyer has to fight for people in low-income brackets. I took this experience to apply my knowledge and wisdom for interpreting the laws and the Fourth Amendment rights erosion, which I gave a copy to the tenants and posted at Aidpage.com.
      I tell the story because most people understand only partly their rights within a warrantless search and seizure. The U.S. CONST. Amend. IV, § 6 secures the rights against searches and seizures without a warrant, except on probable cause supported by Oath describing the search. The US Supreme Court expressed a preference for searching under judicial issued warrants. The holding in Katz v. United States, 389 U.S. 347, 357 (1967) states the Constitution requires the deliberate, neutral judgment of an officer interposing on the citizens’ searches conducted without earlier approval by a judge or magistrate, are unreasonable under the Fourth Amendment—subject to a few specifically settled and well-delineated exceptions. The Fourth Amendment does not protect the property of foreign nationals and nonresident aliens. 
      The theory I shall argue is that some police officers use the Constitutional Fourth Amendment—search and seizure--against people stopped at a traffic stop, or “Terry Stop” in economically strained neighborhoods. According to the St. Paul crime maps, judicial records, and independent profiling studies, the low-income neighborhoods in St. Paul have more arrests. In my observations, people in upper and middle-class neighborhoods do not face the police as often.
      I remember the Albert Lea Police often used search and seizures in Terry stops against the poor, which I found some of the St. Paul police practicing when I moved here. According to my class instructor in Critical Issues of Policing, Officer Kris Sturgis said, “about 80% of the time the police do not find any evidence of a crime in Terry stops.”  Now, as a paralegal I am hoping to educate people about the police procedures used in traffic stops.
      My life mission as a legal student is fighting for justice and civil liberties. I volunteer to help many neighborhood organizations, such as ACORN—Minnesota, Heart of the City, and the St. Paul Police Federation at 2fewcops.com, and the neighborhood watch. The knowledge and experience I bring into this paper might answer why the Fourth Amendment affects the socio-economic strained neighborhoods when the police use traffic stops to solve crimes.
       
       It is difficult to answer the question of why the police use Terry stops. Is it true the police stop people equally? Do the police perform search and seizures against Eastsiders more often than citizens of Highland Park or citizens of St. Anthony Park? What is the police department doing to inhibit the practice of socio-economic profiling? The reader must understand that people take risks when they face the police because they can violate the suspect’s rights. I will show readers what their Fourth Amendment rights are and how to apply it at a Terry stop.

Socio-economic strains.
       The police respond to service calls among the economic hierarchy with frequent Terry stops. The St. Paul police patrol all of St. Paul, but I chose three distinct neighborhoods that show the disparity of policing associated with graduated income levels-- Eastside, St. Anthony Park, and Highland Park.
      The police developed their Terry stop policy when the Supreme Court expanded on the circumstances of reasonable suspicion holds to where people live can color innocent conduct with suspicion. The chances for a Terry stop increases when you are traveling along the socio-economic strained neighborhoods and corridors, such as, University, Arcade, Payne, Minnehaha, and White Bear Avenues. The evidence of crimes and arrests in the 2005 St. Paul crime maps show the Eastside of St. Paul has six times more Schedule I crimes like Homicide, Armed Robbery, Aggravated Assaults, Drugs, Burglary, and Theft. In addition, the police stop people when they fit a suspect’s description near the area of a service call. The frequency of 911 calls in impoverished neighborhoods frustrate police officers trying to be proactive in crime prevention rather than being reactive.
     People feel threatened by crime and they report it more often in economically strained neighborhoods because of wealth and extreme poverty living next to each other. I learned from Professor Tom O’Connell in my social studies class about Social Reflective Anxiety, or “keeping up with the Joneses.” Social Reflective Anxiety creates friction among the socio-economic opportunities and life-chances in desperate neighborhoods. Barring basic needs, people want the same material possessions and lifestyle enjoyed by the more fortunate people. Notably, the police frequent areas of businesses, absentee-landlords, commercial rental properties, and illegal immigrants. Having said that, old “beaters” and foot traffic cruising around or cutting through wealthy neighborhoods becomes suspicious to the residents who stereotype the drivers and walkers.
    People driving vehicles with many equipment violations will also draw the police officer’s attention, that is, taillight out or a cracked windshield. Often, the police are apt to stop old cars for routine insurance and license checks. Sometimes the police stop an automobile that happens to stereotype the driver’s education and social status. Many poor families do not have the money to maintain their cars, have valid car insurance, or license tabs. The result is a plethora of hardships and lifestyles that exposes the poor to law enforcement more often than people from upper-income levels.
    People living in the upper-income neighborhoods do not share the same exposure as the poor for meeting the police. The upper income classes can afford new cars, insurance, and license tabs. In addition, the officer also knows the driver can afford to pay their traffic citation, or hire an attorney. Often, the dominant classes stay close to their homes, businesses, and friends, in which case the luxury car may not raise the officer’s suspicion if there was a crime committed.
    However, the Lexis driving around known high crime areas and drug houses at odd hours will provoke a Terry stop. Regardless of whatever transport you are using, each person must be aware of his or her rights if they should meet a police officer on the street.

Rights of a suspect.
     Briefly, when a police officer signals you to stop, do so in a well-lit and public area regardless if you have to drive two blocks or more. Do not panic or try to flee. Pull over, relax, take the keys out of the ignition, and keep your hands visible on the steering wheel until the officer becomes comfortable with you. Also, be aware that you do not have to talk with the officer in idle conversation but be polite and respectful. Be also aware that you understand the difference when an officer is giving you an order or when he or she is asking you questions.
      Police officers face each Terry stop with their self-preservation first in mind. He or she will watch if you behave irrationally, and appear reaching for a weapon or hiding evidence. Police officers use their trained senses to explore for crimes while they are talking to the driver. Any suspicious conduct inferred by the officer’s senses gives him or her probable cause for a search. The police must tell you what traffic violation or crime you committed.
      The police officer cannot touch the suspect now because this would mean “seizure” under the Fourth Amendment, unless the officer asks the driver to step out of the car because he or she suspects a crime in progress and continues in further interrogative questioning. The Fourth Amendment protects you when the police give you an order, but the Fourth Amendment does not protect you if the police ask you questions at the Terry stop. People must remember the police have authority to detain and question you if they suspect a traffic violation or a crime committed.
     The officer has the right to ask for your driver’s license, insurance, place of address, automobile registration, and tell you the reason why they stopped you. The police officer can only detain the suspect within a reasonable amount of time required to effect either a citation or remedy the problem in the field—the reasonable standard of law says usually ten to fifteen minutes. The US Supreme Court said the police detainment at a Terry stop could be as long as 30 minutes if there is reasonable grounds to show excessive detainment. You can ask if you are free to go after the officer examines your license and insurance.
     However, a police officer can arrest, detain, and search a person in two ways. The first way happens when the police run your name through “warrants and checks.” Any detain order the officer receives motivates him or her to take the individual into custody and search the vehicle.
     The second way the officer may try to begin a search is if they sense any recoverable evidence of a criminal act. Probable cause is a reasonable belief of finding seizable items by balancing individual privacy against public policy.  The good faith doctrine limits the effects of probable cause. 
     The “good faith doctrine” excuses police misconduct when they believe the facts are valid in the warrant or there is evidence at the scene that provokes a search of the person and their property. Article I, Section 10, of the Minnesota State Constitution says that personal property is an “effect” and protected by the Fourth Amendment, which police officers cannot use to excuse their Fourth Amendment infringements.

     However, there is one exception to the good faith doctrine in Minnesota that people should be aware of is the "inevitable discovery doctrine." Inevitable discovery protects law enforcement from violating the good faith rule if they can show the confiscated evidence would have been found at a later time if they followed the proper procedure.

     The Vernado law protects people from the police using Terry stops to interrogate or investigate for crimes. The irony of probable cause within the good faith exception is difficult to prove when the police have 68 different violations they could use to pull you over.
     Thus, people might respond to the police officer’s Terry stop irrationally, which will trigger the officer’s suspicion to begin questioning the suspect. People make the common mistake by behaving rudely to the police, talking too much, and giving consent to a search. Often the police catch people with drugs and alcohol in their vehicles after the officer subdues the frantic or hostile person for safety reasons. If the police officer tells you to step out of the car, do so by rolling up the window and locking the door before closing it. Do not feel intimidated if you choose to exercise your rights, and do not argue with the officer.
     Regardless of income levels, the Minnesota Supreme Court ruled in Harris, 590 N.W.2d at 98 that a “seizure” happens when a person, under the totality of the circumstances, would have believed that he or she was “neither free to ignore the police questions nor free to end the meeting.” You give up your Fourth Amendment right when you continue to talk with the police or answer their questions.

Consenting to a search.
    If the police officer lacks evidence of a crime, he or she might ask you questions or try to gain consent to explore further. It is important that you vocally exert your rights to deny a search of yourself and property. In the court ruling of State v. George, 557 N.W.2d at 580, the absence of any protest does not necessarily mean the individual gave consent to a search voluntarily.
    One exception the Supreme Court recognizes to the warrant requirement is the individual consent given to the police officers. Consenting is the product of a person’s exercise of free will and often a common mistake made by citizens. Police rely on the person’s fear and ignorance of their right to deny the search, limit the search area, and withdraw their consent during the search.
     I believe some of the people in low- income neighborhoods when they answered that they feel intimidated or threatened by the officer’s presence or tone of voice, which compels the suspect to give consent to a search. Therefore, the police can use aggressive policing as a crime prevention tool in economically strained neighborhoods. In each case, the police might justify their reasonable suspicion to question the suspect and begin a search for any evidence of a crime on or near the suspect.
    The officer may then ask for consent to a search if it’s relevant to the Terry stop, and if the driver or a third party agrees, then that person has effectively waived their Fourth Amendment protection provided they did so with a full understanding of the waiver, voluntarily and intelligently without coercion or deception.
    Any contraband found gives the officer the right to arrest a suspect or give him or her citations. Police having consent do not need probable cause or articulable suspicion for searching the person or their belongings. Police entering by consent must prove the person consenting controls the property, such as their car or house. The person controlling the property can be anyone sharing the property with you, such as a passenger, roommate, a partner, or neighboring tenants-in-common. Any evidence found after consent is admissible in court. 
    However, if there is no evidence supporting a crime, then any evidence recovered is inadmissible in consent-to-search cases. A person can mistakenly give consent to a search when the police ignored to follow the laws of criminal and civil procedure.  In assessing voluntariness, the Courts look at the totality-of-circumstances surrounding the consent, examining the facts for pressure. The Courts will discount consent as voluntary when the officer asserts his or her official status and the individual yields. The person’s knowledge of the right to refuse consent is nonessential to voluntariness. Therefore, as a Fourth Amendment version of the Miranda warning the police do not tell people about their Fourth Amendment rights to refuse a search.    
     The Supreme Court ruled that consent by the suspect is an unknowing waiver. The police using noncoercive deceptions to get the suspect’s consent are lawful. Getting consent by deception is a useful law enforcement tool when it becomes impossible to gather facts to prove probable cause. Officers choosing noncoercive deception should document the supporting factual circumstances of consent given, the area searched, and the technique used. Consent gotten by misleading information voids the search and any infringements by police asserting a warrantless authority considers evidence inadmissible.  The latter case laws could have saved my tenants if they had money to fight the charges.
      However, every law might have some exceptions. Without getting consent, the police can use their physical senses within the circumstances of the “plain view doctrine” as a crime-fighting tool to detect and recover evidence of a crime.

The “Plain view doctrine” rule.
      The plain view doctrine allows police officers to seize objects falling within their physical senses, not intuition, when the law allows the officers to position themselves at the scene. For example, a police officer standing on the street who witnesses a crime through an uncovered window is legal. However, a police officer trespassing on private property so he or she could witness a crime through the same window is illegal.
      Without the “plain view doctrine” or firsthand knowledge from informers, or another, the police officer is lacking facts for a warrant. Limiting the “plain view doctrine,” the officers must believe that any items they detect are contraband before seizing them. For example, police can seize evidence after they served a search warrant or when they detect contraband in open view. If the officer needs a warrant to search and seize the legitimate observation, it will provide grounds therefore, and known as “freezing the status quo.” 
       Freezing the status quo happens when the police protect and barricade the property or detain the vehicle to preserve the evidence until they get a legal search warrant. The police can impound the car instead of taking you to jail, which the police department has constitutional immunity for conducting inventory searches because they are preserving impounded property.
      The police use developing technology that raises the officer’s senses, which cause protests of unwarranted intrusions by infrared and contraband detection sensors. Some law enforcement agencies are now using the P.A.S. III “Sniffer,” (Passive Alcohol Sensor), which looks like a flashlight, but senses alcohol in the environmental air near the suspect. Therefore, the electronic “Sniffer” detecting alcohol allows the police officer to recover evidence under the “plain view doctrine.” 11
      The American Civil Liberties Union protested against the “Sniffer” saying this is an invasion of privacy and against the Fourth Amendment. Protesters say it violates the “plain sight doctrine” because officers are not using their own senses, but an electronic instrument. The fear of detecting windshield fluid and other innocent items containing alcohol will spark a probable cause to a search. The A.C.L.U. reminds us the “sensory impressions” gained by an officer are admissible evidence. However, the ruling in United States v. Kyllo (2001) could overturn the use of the P.A.S. “Sniffer” and other detection instruments. The Court held the use of surveillance or detection equipment against houses and automobiles violates people’s privacy unless the technology is available to the public.12 St. Paul police do not carry the “Sniffer,” but they do have sniffing dogs riding around with the windows open.
       The Supreme Court obviously dislikes the exclusionary rule, which releases the guilty rather than convicting an innocent person. The Court fears the Constitution will become a basis of tort liability under 42 U.S.C. § 1983 with matters best left to the states. Thus, illegally recovered evidence is inadmissible in the court of law. People must remember the exclusionary rule under the Fourth Amendment protects individuals against coercive and overzealous practices of law enforcement agencies, especially at traffic stops in Minnesota.

Examining Police Responses to the Fourth Amendment.
       I am limited in my research efforts to support my observations because the St. Paul police dislike sharing their dirty laundry with the public. I could spend months researching the police department’s personnel files. Amy Brown from the St. Paul Police Statistics and Analysis Department said the difference between the wealthy and poor neighborhoods is the different priority calls the police receive.
         The police admit that some police officers do not live in St. Paul, which may lead to social conflicts because of their cultural unfamiliarity with the citizens. I watched many people standing in traffic court—from all income levels—fighting their citations, in which the lower income people out-number the stereotypical wealthier classes. The disparity of traffic citations given to people astounded me to ask people closer to home what they thought about the police and their behavior.
         I interviewed ten people at random by race, economic status, and age at the Eastside American Legion Post 577. The people I chose represented various backgrounds, including a homeless Ojibwa, the white, middle-aged working classes, retirees, and adolescents. The most common complaint is how the police mistreat people by talking down to them, searching for and seizing contraband, and barking out threats and orders. They sense the police are more likely to detain and question a person driving a beat-up car and search him or her and the vehicle without recovering any evidence of a crime. All people interviewed agree the police react to the suspect’s behavior by making an arrest, giving a citation, or releasing the suspect with a warning. Sometimes, the police officer having a bad day might misuse their authority of discretion to inconvenience the driver or walker.
      From the interviews, classes, and research there is a measurable belief in the lower-income neighborhoods of St. Paul that police do not give equitable treatment to minorities and teenagers. In my neighborhood, the minorities and teenagers discuss stories about their meetings with the police. The community may be right because the 2003 study conducted by the U of M Institute on Race and Poverty supports the public view that Minnesota police officers detain and search minorities more often than Caucasians. Overall, 24% of discretionary searches of Caucasians produced contraband compared to only 11% of African-Americans and 9% of searches against Latinos.13 The statistics show the people arrested follow this frequency pattern, African-Americans, Latinos, Asians, and Caucasians. The Terry stops also vary among the ethnic races and their treatment in the suburbs and rural areas. The metropolitan counties and its law enforcement administrations changed their policies to wrestle the public views of socio-economic and racial stereotyping. One of the ways to deal with the public opinion of economic stereotyping is to create a data collection file to find the solution to socio-economic profiling.
       In 2003, the metro area police departments began a volunteer data collection of traffic stops with 15+ different police departments in Minnesota. Now at each traffic stop in St. Paul, the police must make a written report. Each stop must include a list of information, such as the purpose of the stop, the officer’s badge number, the driver’s ethnicity, age of the driver, if there was a search, and the traffic stop resolution. In time, the collected data might show the “norm” for gauging police stops.
       However, three veteran St. Paul police officers interviewed--off the record-- will argue that each income class has a lifestyle pattern that favors a particular crime. Common stereotypes, such as a Harley-Davidson motorcycle rider might have methamphetamines after leaving a bar or riding near a known drug house. Maybe an African-American wearing “gangster” gear might have marijuana and crack cocaine. The Asians might receive traffic tickets based on their racing car stereotypes. Stereotypes do not cause traffic stops or an arrest unless there is unusual behavior suggesting a crime in progress.
     Minnesota law forbids police officers to stereotype people. The reality is the police can use policy loopholes to get past any arguments of socio-economic profiling. For example, the police officer could make a Terry stop without noting ethnicity if they radioed in a suspicious vehicle, an illegally parked car, or a suspicious person. It is difficult to know the statistics for sure because some police officers may not follow administration policies, especially the older veteran officers.

     Conclusion.
     The St. Paul police do not share their policy information and cultural practices with the public. For many people, the media portrays the police hiding behind a blue wall of silence. We will know in time if the police purposely use socio-economic stereotyping or if it is because the police often intercept low-income people committing crimes in economic strained neighborhoods. The Social Reflective Anxiety and socio-economic problems in low-income neighborhoods inhibit people’s life-chances and advancement. The result is more police calls serving the impoverished neighborhoods with already strained community services.
       Sensibly, people believe the wealthy do commit crimes at an equal pace parallel to the poor, although the wealthy limit their exposure to street policing. The media tells us that Enron and other fraud crimes usually involve people in the upper and middle-income levels. In traffic stops, the public may argue the middle and upper income classes receive more breaks from the police than the low-income class. If not, then the argument could support that upper and middle- income classes have a greater amount of economic and networking resources to fight the police in court.
       However, the poor have greater risks for a Terry stop because of their prolonged exposure to the police in public. In addition, the poor lack financial and social support for protecting their rights. Often, their public defenders have ridiculous numbers of cases, which they often choose to make a plea bargain instead of fighting the charges. Lawyers have to fight against police testimony and reports.  
      The police are human and they do make mistakes. Knowing your rights and the law can improve your chances from getting a ticket or arrested, especially if you live, work, or drive through the socio-economic strained neighborhoods. Low-income neighborhoods often contact the police as a pseudo-social service with calls for emergencies and dispute resolutions. Frustrating police work and its environmental influences cause cynicism in some of the police officers, which often the innocent becomes the focus of investigation.
       In conclusion, if you feel that you suffered from injustice at the Terry stop, you can file a police misconduct complaint with the police department and the civilian review board. This latter action will provide the St. Paul police an opportunity to review and improve their workforce policies and training. Consult with an attorney quickly with a copy of your citation and all police reports.

                                                                                                                          
                                                               Notes
1 Officer Kris Sturgis. Lecture notes. LAWE 330-01, Critical Issues in Policing. Metropolitan State University (Fall 2006).
2 Payton v. New York, 445 U.S. 573, 590 (1980); Steagald v. United States, 451 U.S. 204, 212 (1981); Mincey v. Arizona, 437 U.S. 385 (1978).

3 Minnesota v. Olsen, 110 S. Ct. 1687 (1990).

4 United States v. Knights, 534 U.S. 112 (2001).

5 United States v. Arvizu, 122 S. Ct. 744 (2002).

6 United States v. Leon, 468 U.S. 897, 104 S.Ct. 3405 (1984).

7 Beck v. Ohio, 379 U.S. 89, 85 S.Ct. 223 (1964).

8 United States v. Matlock, 415 U.S. 164 (1974).

9 Bumper v. North Carolina, 391 U.S. 543 (1968); Johnson v. United States, 333 U.S. 10, 13 (1948).

10 Amos v. United States, 255 U.S. 313 (1921); Johnson, 333 U.S. 10 (1948); Bumper, 391 U.S. 543 (1968).

11 Schneckloth v. Bustamonte, 412 U.S. 218, 231-33 (1973).

12 The distinction that “off-the-wall observations” could be permissible while “through the wall” surveillance could be impermissible would lead to a trap as technology advances. The Court held that any other approach, “[w]ould leave the homeowner at the mercy of advancing technology-including imaging technology that could discern all human activity in the home…where, as here, the Government uses a device that is not in general public use, to explore details of the home that would previously have been unknowable without physical intrusion, the surveillance is a ‘search’ and is presumptively unreasonable without a warrant.”

13  Council on Crime and Justice, Institute on Race and Poverty, Minnesota Racial Profiling Study: All Jurisdictions Report in Summary of Findings, Sept. 24, 2003 (U of M, Minneapolis, MN), 1.

This is my Extra Credit for Soc. 1154-91 in 2005.

This is a typical overview of our Juvenile Justice System (JJS) and the immediate need for society to take the initiative to share our values to our youth rather than locking them up. We must remember that all troubled youths are caused by the enviromental influences and the lack of guidance from our parents or society.

One such text book that I read for my JJS course offers the insight of our JJS Courts in America and its problems among society and juveniles needing attention. Enjoy.

1.) Confidentiality and Accountability of Juveniles in Secrecy.

       In the Juvenile Justice textbook by Humes, E. (1997), "No Matter How Loud I Shout", Judge Dorn wants the legislators to lift the veil of secrecy so the public can see the successes that the Juvenile Justice System (J.J.S.) of his jurisdictional model had accomplished and its need to be rebuilt instead of demolishing it (p. 354-56).
      Many Court Officers will argue over the confidentiality controversy that it should be preserved if the J.J.S. is going to be actively involved without causing stigma to the juvenile, instead of shelving him/her away to deal with later before it is too late for any salvageable chance of rehabilitation. A case on point is the twelve-year-old boy brought before Judge Dorn for his fourth violent outburst in the three previous months with an assault with a deadly weapon charge (p. 76). The probation department had failed to act to the prior instances, until first something else serious happens to endanger the public safety (p. 76). The secrecy of the J.J.S. had failed this juvenile and his problems.
       Judge Dorn often reminds his Court that all children from all lifestyles are deserving of the attention of a functional and working J.J.S. for help when they arrive into his Court (p.365). However, the climate of public opinion is angry and fearful for public safety when they hear or read of judges’ opinions in the treatment of sending juveniles to camps and rehabilitation facilities; asking for the recall and impeachment of the judges (p. 323).            
       For example, Jason, co-defendant as an accessory to Ronald Duncan’s armed robbery and murder trial; he was given an immunity agreement by the prosecution for his testimony against Ronald. The local newspaper bolsters the agreement in the story that Jason will go free. The public and the victims are fearful and outraged at the prospect that justice had failed (p. 280).
       The law of the J.J.S. in California will allow Ronald Duncan to leave the California Youth Authority (C.Y.A.) at age 25, unless he is eligible for his first aftercare hearing at age 23. When Ronald leaves the California jurisdiction, the public will not know of his past offenses or his rehabilitation efforts, nothing at all. He will walk with a clean slate as if nothing had happened. This will put the public safety and trust at risk of not knowing any of Ronald’s hidden, dangerous desires or compulsions he may have yet to resolve (p. 343-44). Another example of public outrage of the escalating juvenile violence in Humes is the armed robbery of Joseph Gutierrez.
         Joseph Gutierrez- the victim of John Sloan’s armed robbery- walked into the courtroom late to hear the juvenile disposition of John’s case to the C.Y.A., instead of an adult corrections facility. Humes (1997) wrote the quote of Joseph Gutierrez disbelief in the Judge’s opinion,

 “…That kid stuck a gun in someone’s face-my face —and he’s going to camp, he can even get out early if he’s a good boy. That’s not holding him responsible. That judge is guilty of exactly what he criticizes his parents for—being too lax. This is why everyone is so disillusioned with Juvenile court” (p.329-30).

      The public does not cry out for a public reform of the J.J.S. or its rehabilitative efforts, instead they want to erode away the J.J.S in their ignorance of the need for the juvenile’s confidentiality and they do not care if they try to sentence a fourteen-year-old juvenile in an adult court (p. 311). The failure of the parents to take constructive efforts to involve themselves with their troubled youth and the interagency rivalries for possession of the juveniles have stalemated the J.J.S. for any agreements to work together as a successful unit of rehabilitation between the relationships of the juvenile, his/her parents, and society; straining further the J.J.S. to deal with only the more serious juvenile cases (p. 364).
       The view of this type of leniency and strain of the Courts is well known to most inner-city juveniles that each offender has a 25% chance of staying out on the street (p. 53). This offers the juvenile numerous opportunities of reoffending against the public without thinking about the relation between the consequences and the offense before detention is ever imposed (p. 333). Carla James and George Trevino both knew from their education from their street friends that the Court is mandated to impose the least restrictive sentence possible for the lesser crimes and status offenses (p. 53). Some of these juveniles will outgrow this behavior, but some will continue to reoffend regardless of the Courts efforts, these juveniles are known by the J.J.S. as the sixteen percenters (p. 176).
      The sixteen percenters committing low-grade misdemeanor offenses have failed to get the attention and services they require for rehabilitation at their introduction of the J.J.S. and slip away in time, undetected by the confidentiality agreements between the agencies of the courts. The Courts lackadaisical practice of overlooking the warning signals of the offenses and in its keeping of inaccurate or lost juvenile records have resulted with minimal chances for troubled youths to receive services, as it was in the case of George Trevino (p. 176).
      George Trevino was one of the juveniles that had fallen through the cracks of the system without any intense supervision or continued support of rehabilitative programs to help keep him on track. The J.J.S. did not know of George’s prior offenses or failed probation supervision and home life, allowing George to stray further into delinquent behavior (p. 111). Now George is being tried for armed robbery and he claims the J.J.S. had failed him. In Humes (1997) it is written the quote of George Trevino,

 “That’s how the system programs you. They let you go and they know that it encourages you, and then they can get you on something worse later on. It’s like, they set you up. Of course, I’m to blame too, for going along with it. I didn’t have to do those things, I know that …but the system didn’t have to make it so goddamn easy.” (p. 333).

      George was succeeding in many tasks for self-improvement, like acquiring his High School Diploma, his poetry writing, his work as a mentor and tutor to the other juveniles before his appearance at the trial (p. 331). The interagency juvenile confidentiality agreements did not permit his own attorney from finding out his exemplary record to bring before the judge, his last chance for mitigating his offense for a final shot at rehabilitation was lost (p. 331).
     Locking ourselves out of the secrecy of the J.J.S. is a detrimental and ignorant behavior for any successful benefits to come out of it. The best route to start with society is in the baby-steps of instituting educational and social programs of open awareness in the process of juvenile crime prevention, education, and involving all juveniles to participate as an equal standing member of society in fixing the problems from all levels of the government. Every person wants someone to care for them and that as a progressive society, if using this interaction and intervention to help the troubled and desperate, society will end up reversing the crises into a win-win situation. The juveniles crying out for help and attention may respond and terminate their delinquent behavior when peers and community are aware of the juvenile’s situation.
     The J.J.S. must reverse itself from treating juveniles as hardened adults and spend more time rebuilding the focus on the root issues and causes of juvenile delinquent behavior. Money is funneled into outdated systems of justice where some of the people do try to make a difference, but the system must focus on preventive and support programs instead of the endless building of correctional facilities. There will never be enough prisons built in America, never enough laws made or enforced, and the growing population of young adults learned behaviors would supersede all efforts to control the juvenile without first having responsible parenting. Society must be involved with the youths as mentors long before the J.J.S. becomes involved, a point driven previously by Judge Dorn’s model of intervention.
     The breadth of discretionary powers of the judge in the J.J.S. is the last chance effort for Parens Patriae for each case-by-case need basis for rehabilitation of the juvenile, but there is a chance for indiscretionary bias that can creep into the justice system and cause more harm than good. However, allowing a flat State statute will allow more juveniles to slip through the cracks of the J.J.S. without having the benefit of a tailored disposition to their case without the influence of the judge’s discretion. The confusion and argument stands to what do we do to change the course of our youth together as a whole, if society does not accept the change in attitudes needed.
   
 2.) When is it Appropriate to Use Waiver into Adult Criminal Court?

     The growing concern about how society treats its younger offenders has eluded the rights and responsibilities of the Courts decisions to deal with the expanding population of juvenile criminals by the use of waiver. In Kent v. United States, 383 U.S. 541 (1966), the U.S. Supreme Court had ruled that all States must provide with some procedural Due Process protections during the waiver hearings for the “formalities” in the adjudication hearings of all States to choose whether the juvenile is tried in Juvenile Justice System (J.J.S.), or transfer into the adult criminal system.
      In Humes, E. (1997), "No Matter How Loud I Shout", the California “fitness” law allows a waiver into criminal court for juveniles sixteen years of age and older, unless hard evidence shows that the crime was not grave nor sophisticated (p. 101). The prosecution must examine five categories of the fitness test: the juvenile’s past criminal record, the time left to rehabilitate him, the results of the past attempts at rehabilitation, his criminal sophistication, and the seriousness of the crime (p. 97). Sophistication of the crime and its seriousness is the only two needed, but failure of any one of these requirements can result in the judge’s order for waiver (p. 97). Many juveniles in California that are waived into adult criminal courts, except for murder cases, end up serving less time at the California Youth Authority (C.Y.A.) than the juveniles disposed of in the J.J.S. courts (p. 102).
       Judge Dorn foresaw the Gerri Gault decision affecting the treatment of juveniles to be same as adults since 1964, where the J.J.S. and adult criminal courts are different by terminology only (p. 358). This discretionary power of waiver in the hands of the court in some states leaves the juvenile without much of any protections and rights of due process without a hearing or an appeal. As the New Jersey Supreme Court had noted,

 “Waiver to the adult court is the single most serious act the juvenile court can perform ... because once waiver of jurisdiction occurs, the child loses all protective and rehabilitative possibilities available.” (Redding, 1999).

 
     Some States have transfer laws that increased the “net-widening” of juveniles out of the J.J.S. by lowering the age requirement and expanding the lists of transferable offenses, or by eliminating some of the safeguards and protections the judges must consider before transferring the juvenile (Redding, 1999).
      Many Court Officers know from experience that the acquittal of the juvenile cases in the J.J.S. may not be in the kid’s best interest against the hard-line waivers to lock away the more serious offenders for rehabilitation efforts (p. 77).
      The L.A. District Attorney Gil Garcetti’s wants a two-tiered system of treating the worst offenders as adults and reserving the rehabilitative services for the salvageable youth without the system being treated as an application for social services (p. 175).
      Peggy from the Prosecution Office believes that the current disciplinary measures of juveniles is not working and by pushing the J.J.S. back into the nineteenth-century model where juveniles are treated the same as adults (p.166). She also believes in however, that an adult crime deserves an adult sanction regardless of the age of the culprit and excusing their behavior because of their age is no longer an excuse from not protecting the public from the other “Ronald Duncans”, or “John Sloans” out there (p. 68). Waiver issues presented the question of deciding judicial waiver requirements by statute between juveniles within the cut-off line of their sixteenth birthday, like Ronald Duncan and John Sloan.
      Ronald Duncan’s double homicide and robbery case allows him by California law to use adult defenses because of his youth status; he had narrowly escaped the waiver into adult criminal court because he is only nine days shy of his sixteenth birthday (p. 63-4). However, John Sloan’s charge of armed robbery will face the adult criminal system because of his being over the age of sixteen where he may be facing worse sanctions than the Juvenile Justice System (J.J.S.). Besides the fact that the whole family of Joseph Gutierrez had been disillusioned and traumatized for their safety in public, John’s crime did not involve homicide (p. 69). The punishment should fit the degree of violence of the crimes if committed by adults, but mitigating circumstances should also reflect on the personality and accountability of the juvenile charged. John had been the typical juvenile caught on the wrong path with one foolish mistake made that could alter his life.                                                            
      John Sloan is a bright student, from a good middle-class family, but he had problems in school of racial bigotry, and he was easily susceptible to pressure by his peers, namely his new street friend Richard (p. 91). Judge Dorn knows that the two biggest predictors of juvenile delinquency are the one-parent home and a failed educational experience (p. 76).     
      The Court of Judge Dorn ruled that John had committed armed robbery against Joseph Gutierrez, which John had met one of the twenty-four serious crimes of the State of California legislation requirements to transfer John into adult court (p. 96). However, the law ties the hands of individual discretion of Judge Dorn in whether he can declare John as an “unfit” juvenile and keep him in the J.J.S.(p.96).                                                            
       John’s behavior was reprehensible since he came from a good background and the crime committed was more serious than a prank (p. 101). If John were to show any remorse during the commission of the crime or had demonstrated any juvenile behavior, then the judge may indiscreetly break away from the statutes to offer a chance of rehabilitation (p. 101). However, Judge Dorn’s illegal decision to keep John in the J.J.S. for his amenably to treatment had saved John from adult sanctions; the double-jeopardy attachment from Dorn’s ruling was a very lucky break for him (p. 102). The best efforts of Judge Dorn and the J.J.S. to rehabilitate juveniles have enraged and disillusioned the public (p. 330).
      The public fears have changed policies in jurisdictions throughout America, which society had adopted laws that limit or eliminate the rehabilitative effects of the J.J.S. (p. 358). This action will produce unfair results of waiver decisions based on chronological age and not on the needs of the offender (p. 359). Waiver will not decrease crime, nor will it solve any future problems of rehabilitative issues when the Department of Corrections releases the convicted Adult-youth back into a different world. Neither the juvenile, nor society will feel any safer when the waived juvenile has the stigma of a permanent criminal record. 
      The J.J.S. response to curb fears and find new avenues of rehabilitation that will keep within the discretion of the judge is to work with each juvenile on a case-by-case basis and to catch all of the individual details within the juvenile’s life. The new rehabilitative model in the J.J.S. that seems to work for both sides of the issue of waiver is the introduction of the Blended Sentencing disposition.
      Blended sentencing is a combination sentence of either adult sanctions or juvenile probation, but not both. Juveniles benefit of receiving the blended sentencing reforms that may be the only required remedy to help curb the growing delinquency trends perceived by society instead of giving up on the juvenile. The juvenile offender’s rehabilitation would include restitution, community service, and crime victims’ panels so the juvenile will become part of society that they are rebelling against, understand the consequences of their behavior, and heal the generation gap.
      The juvenile successfully completing the blended sentencing or E.J.J. sanctions leaves without the adult criminal record to haunt them throughout their life. The alternative sentencing reforms will give the young offenders a chance to rehabilitate themselves, which other juvenile offenders ten years ago did not have this option.

In Minnesota, much of the same situations exist as in California and any youth may face the waiver into the Adult Court System at the young age of fourteen-years-old. Consult with your attorney on any matters of juvenile deliquency within your local jurisdiction. Society must participate equally with our younger generation.

                                                              
 
                        Work Cited
 
 
Redding, Richard E., “Examining Legal Issues: Juvenile Offenders in Criminal Court and Adult Prison.” Corrections Today Apr. 1999: Vol. 61 i2 pg. 92(9). InfoTracOneFile. InfoTrac. Inver Hills Community Coll. Lib. Inver Grove, MN. 15 Oct. 2004 http://infotrac.galegroup.com>. 
 
 
                                                                                                 
                                                                                                 
     
  3.) The most memorable characters in "No Matter How Loud I Shout." (Commentary)
    
      The most memorable characters that reflect the true operations of the Juvenile Justice System (J.J.S.) can be defined into three separate categories: successful, unsuccessful, and unknown.
     The J.J.S. has very few successes in California due to the large volume of cases coming into the Court system everyday. Downsized budgets, unavailable beds in the treatment facilities, and overworked caseworkers have lost track of their charges until another charge of delinquency was brought against them. Less than ten percent of the juveniles entering the J.J.S. have successfully completed the probation/aftercare since their Intake.
      The common knowledge of the street shared between the juveniles is the fact that the Court is mandated to impose the least restrictive sentence possible for the misdemeanor crimes and status offenses. This is said to be true of Carla James, a female gang-banger who runs with her “homeboys” for the thrill and respect of the young men to see that a girl can be so rough and play the games on the street and with her probation officer.
       The rarity of a female getting into trouble is not unheard of before in the J.J.S., but now it is becoming more of a commonplace occurrence and the Courts had seemed unaware of how to deal with them. It had seemed that Carla was given more chances by her probation officer to turn herself around than if she were instead a male. She had guidance counselors help her with continuing school and intensive, visitation contacts with her probation officer throughout her probation.
       
        The probation officer kept working with Carla to break down her barriers of emotional and self-esteem issues and gave her the resources to accomplish this task, which proved successful later in Carla’s life.
        However, juvenile rehabilitation in the J.J.S. is not easy for success if the system is unable or inept to provide the resources, or lost in the confusion of applying specific help needed by the troubled youth. Two such youths whom the odds are against them are John Sloan and George Trevino.
        John Sloan is a bright student, from a good middle-class family, but he had problems dealing with racial bigotry in school, and he was easily susceptible to pressure by his peers to join a gang, namely his new street friend Richard. Both had committed the act of armed robbery together for the thrill, but Judge Dorn had seen the amenability treatment potential of John. Judge Dorn disposed of John into the California Youth Authority (C.Y.A.) for a chance of education and self-esteem adjustment.
        John had accepted and participated successfully into his rehabilitation program through his introduction into the J.J.S.’s “shock therapy program” and he has not at the time of this book’s publishing been back into the system. The same could have been said true about George Trevino if the J.J.S. were to work properly for him, if it were not for fate stacked against him.
        George Trevino suffered a troubled childhood and became a ward of the court of California. The supervising agency of the Court had failed him. Problems became compounded for George when it had forced him to fend for himself in his developing years. Until he was introduced to, the J.J.S. George was one of the unlucky juveniles that had continued to fall through the cracks of the system, without any intense supervision or continued support of resources and rehabilitative programs to help keep him on track.     
       The J.J.S. did not know of George’s prior offenses or failed probation supervision and home life, allowing George to stray further into delinquent behavior. George was succeeding in many tasks for self-improvement, like acquiring his High School Diploma, his poetry writing, his work as a mentor and tutor to the other juveniles before his appearance at the trial. The interagency juvenile confidentiality agreements did not permit his own attorney from finding out his exemplary record to bring before the judge, his last chance for mitigating his offense for a final shot at rehabilitation was lost. This is a common theme and the focus of where the J.J.S. goes wrong to save good individuals needing the resources and supervision to succeed, leaving the juvenile to fall into a downward, unrecoverable spiral into a lifetime of misery.
      George, while at the C.Y.A., had shown himself to be resilient and driven to succeed by participating in his own rehabilitation efforts, but because of his environment, he had set himself back into gangs for his survival in the sub-culture of the detention hall and he was sent straight into adult corrections for the remainder of his sentence. This is a typical view of the everyday vicious cycle that males face in this system full of bias and ineptitude of tailoring the punishment to the person. One such person most deserving this kind of punishment given to George is Ronald Duncan. Ronald is the one juvenile in a class of the unknown sixteen percenters with a questionable future of recidivism, which it makes it more dangerous to society to have him released without a good profile of his background and a rehabilitative plan in place.
      Ronald Duncan’s double homicide and robbery case allows him by California law to use adult defenses because of his youth and juvenile offense status, and he narrowly escaped the waiver into adult criminal court, because he is only nine days shy of his sixteenth birthday. The law of the J.J.S. in California will allow Ronald Duncan to leave the California Youth Authority (C.Y.A.) at age 25, unless he is eligible for his first aftercare hearing at age 23. When Ronald leaves the California jurisdiction, the public will not know of his past offenses or his rehabilitation efforts, nothing at all. He will walk with a clean slate as if nothing had happened. This will put the trust of public safety at risk of not knowing any of Ronald’s hidden, emotional and psychological background of dangerous desires or compulsions he may have yet to resolve.
       Ronald Duncan still did not take any accountability for his actions or involve himself with any rehabilitative efforts provided by the C.Y.A. The J.J.S. will fail society by letting the offender walk out by statute at his twenty-third birthday at the earliest. Ronald is the textbook example of the person to keep inside the J.J.S., or adult corrections until he is proven non-threatening to public safety.
       The main problem of the system of all of the characters involved is the gamble that the punishment fits the offender, and that the rehabilitation efforts and resources are given appropriately and equally with continued supervision to carry on the juvenile throughout and beyond the process of successful completion.
 

   
S.AVE                                                              
           O.UR                                     
                     S.TREETS            
_______________________

Dear Neighbors on the 800 block,

Do you have continuing problems in your back alley about:

(1).  Unsavory characters trespassing through your property or hanging around dealing drugs or panhandling?

(2).  High-speed traffic flying down the alley putting you and your family at risk for death or serious injury?

(3).  Finding litter, illegally dumped garbage, drug paraphernalia, or other damaging foreign matter on your property and close to the alley?

(4).  Have you seen an increase in property or personal crime occurring in the alley near the business’s on Arcade Street?

If you have answered YES to any one of these questions, we want to hear your opinions and resolutions at a special neighborhood meeting. The neighborhood must enforce and resolve all of these issues about the back alley traffic connecting to the Walfoort Liquor store.

The past two years, some residents of the 800 block have tried to educate and remove the problem of high-speed traffic to and from the Walfoort Liquor store. We need the efforts and opinions from the 800-block community sharing the alleyway with their support of enforcing ordinances and state laws for protecting our property and children.

One neighbor on the 800 block is a paralegal and offers to remind the public the following:

“The Minnesota Criminal statutes and Traffic laws of 2005 state:

 **Minn. § 169.14, Subd. 1. (1997). Duty to drive with care. No person shall drive a vehicle on a highway [roadway is defined as a highway, §169.01, subd. 31] at a speed greater than is reasonable for becoming and remaining aware of the actual and potential hazards then existing on the highway and must use due care in operating a motor vehicle. In every event speed shall be so restricted as may be necessary to avoid colliding with any person, vehicle or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.

**Minn. § 169.01, Subd. 67 (2000). Alleyway. “Alleyway” means a private or public passage or way located in a municipality  and which (1) is less than the usual width of a street (2) may be open to but is not designed primarily for general vehicular traffic (3) intersects or opens to a street, and (4) is primarily used for the ingress and egress or other convenience of two or more owners of abutting real properties.

** Minn. § 169.14, Subd. 5c. (2003). Speed zoning in alleyway. Local authorities may regulate speed limits for alleyways as defined in section 169.01 based on their own engineering and traffic investigations. Alleyway speed limits established at other than ten miles an hour shall be effective when proper signs are posted.”

The regulated speed for our alley is 10 MILES AN HOUR.

Therefore, the alleyway belongs to the residents of 800-block close to Walfoort Liquor store and excessive speeds, drunk driving, littering, and criminal activity associated with nonresident patrons endanger our property and children of the 800 block neighborhood.

The businesses on Arcade Street have an agreement [a promise to avoid from becoming a nuisance] with the neighborhood or have penalties imposed on the business.

If you have complaints, solutions, or extra comments to share about enforcement of unwanted traffic and criminal activity associated with nonresidents abusing the alleyway and our property, please respond by writing or calling to:

Dan Bostrom, Council President Ward 6: (651) 266-8660
Scott Renstrom, Legislative Aide to Dan Bostrom: (651) 266-8661.
E-Mail: ward6@ci.stpaul.mn.us

Leslie McMurray with District 5: (651) 774-5234. Her e-mail is: d5-director@visi.com

Write to: City Council Offices        
                310 City Hall
                15 W Kellogg Blvd., St. Paul, MN  55102     

                                            
The District Five Community Planning and Economic Development (CPED) meeting in December will include some discussion with St. Paul Public Works about options to address these issues. The CPED meeting will be held on:
 : 
                                                December 6, 2005; And Also To Be Announced                  
                                                Arlington Public Library
                                                1105 Greenbrier Ave., St. Paul

Possible legalities are found at my speech given to the City Planning meeting.

http://st-paul-s-save-our-streets-neighborhood-project.app-brighan-1.aidpage.com/st-paul-s-save-our-streets-neighborhood-project/ 

CC: The Neighborhood Block Watch, Ward 5&6; Council Member Dan Bostrom with Ward 6; Leslie McMurray with District 5; Mayor Randy Kelly.

UPDATE:

                                          Memorandum

Date: 12/21/2005
Time: 12:09 PM

ABOUT: Save Our Streets Neighborhood Project Traffic Count Records.

Dear Monica:

Thank you for showing up on December 20th 2005 and performing the traffic count in the alleyway next to Walfoort Liquor store. Tuesday nights in the winter is the slowest day for Walfoort Liquor store. As I said last night, it feels like having a doctor’s visit and the symptoms of the problem is not noticeable.

However, I have only counted traffic that crosses my path adjoining to my property and not including the turnaround at the end of the alley next to Walfoort Liquor store.

From December 8, 2005-December 20, 2005 I have stepped up enforcement with signs, cones, and a visual presence of taking down license plate information. Some people noticed and they have taken their route on the residential streets. However, on December 20, 2005 I did not post signs and cones because many drivers ignore any warnings and they feel it is a joke played against me in trying to resolve the traffic problem.

In the summer months, more cars and foot traffic will double while the children play and residents are working around their property. I fear, as I stated in my letters posted to the City Council and its proper departments, that without proper and consistent traffic enforcement this problem will continue in strength. These are the facts of my current observations that I have recorded for you:

• During the winter weekdays before 6:00 PM, I have counted an average of 30 cars rushing down the alleyway.
• During the winter weekdays from 6:00 PM until 8:00 PM, I have counted an average of 35 cars rushing to Walfoort Liquor; especially nearing closing time.
• During the winter weekends of Fridays and Saturdays from 6:00 PM until 10:00 PM, I have counted an average of 70+ cars rushing down the alleyway.
• Other than speeding, many other crimes associate with Walfoort Liquor store; that is, Drivers without licenses, some drivers with active arrest warrants, muggings, thefts, and illegal dumping of trash going to and coming from Walfoort Liquor store. See the attached records of license plate information.

In my winter estimations, we have an average of 360 cars of nonresidents violating traffic and legislative statutes in our neighborhood every week. I do not know of any residential alleyways with this volume of traffic seen in our backyard. This is a safety concern that must have a permanent solution before any loss of property or life.

Please contact me again and I will continue this safety enforcement project in the summer when school allows me the time.

Sincerely,

CC: File, District 5 Planning Council, Dan Bostrom with Ward 6, St. Paul Police Department, Monica Beeman with City of St. Paul Traffic Engineering Department.

*********************

From Monica Beeman, City of St. Paul Traffic Engineer.

Dec 20, 2005 from 6:00 to 8:00 pm I was out to the alley between Arcade, Mendota, Jessamine and Magnolia to count vehicles, check speeds and generally observe traffic.   The evening was cold, and there was snow on the alley surface but no precipitation. The alley, albeit winter, was reasonably clear.  Although we did not arrange to meet Mr. Wadding he happened to be in the alley and did speak with us briefly.  He has sent out a separate e-mail dated 12/21/05 expressing concern that the traffic was lighter than normal, that he has been placing cones and signs in the alley but had none in place while we were present, and indicating more traffic is typical from his general observations and definitely higher in non-winter seasons.
 
Conditions Observed:
The traffic volumes in the alley were relatively light, 24 vehs/hour for each of the two hours observed with 17 vehs/hour or 18 vehs/hours coming to and from the liquor store alley access point.  Approximately 6 to 7 of these cars came and went from Arcade.   The remaining 10 to 12 vehicles associated with the liquor store came and went through the alley to the Mendota end of the alley.  This is a small number of vehicles but reflects about 42 to 50 percent of the alley traffic.  There was only one car each hour that cut through the alley having no destination/origin in the alley.)  The remaining vehicles were residents.  The amount of traffic recorded in the alley for winter conditions is not significant but does clearly show that there is a draw from the liquor store.  The general travel patterns for the liquor store include the alley because the liquor store site is relatively small and parking dictates how entrance/exit to the site occurs.  There is no ability to turn around on-site without a significant maneuvering of the vehicle.  Also there appears to be a preference to use the alley eastbound when exiting from the alley to avoid the traffic signal at the intersection of Arcade/Magnolia.  See attached sketch. 
 
There were no conflicts with pedestrians or observed immediate hazardous behaviors associated with DWI etc.  There was one non-traffic related conflict involving yelling between individuals associated with the liquor store.  We did observe a police car traveling the alley.
 
The alley is relatively flat in grade and although was snow present the alley was relatively clear.  We also took speed information in the alley with a speed gun but discovered that the radar gun did not record speeds below 15 mph.  Speeds in the alley were taken at about the mid point, excluding those slowing to turn into residences.  We took the speeds of approximately 13 to 15 vehicles and saw 7 or 8 vehicles traveling above 15 mph, with an average for this group of 15mph in the first hour and 18 mph in the second hour.  The highest recorded speed was 25 mph which occurred just before 8:00 pm.   The officer traveling through the alley had a recorded speed of 18 mph.  85th percentile speed information could not be determine due to the limitations of the radar gun.
 
Assessment:
Winter is obviously not reflective of the extent of the conditions Mr. Wadding has referenced nor does it indicate an immediate hazard but it does confirm that the liquor store reflects 40-50% of traffic traveling down the alley toward Mendota and that the average speeds even in winter are above the legal speed of 10mph in an alley.  It is likely that traffic volumes and speeds are higher in non-winter seasons. There is also likely more potential for pedestrians to be present in better weather seasons. This location should be rechecked in spring.
 
The information seems to indicate that the residents along this alley could install such things as speed signs, speed bumps or request a one-way alley via the city’s standard petitioning practice, however, each have varying levels of effectiveness and come with both positive and negative results. 
• Posting the speed of an alley has very limited likelihood of affecting a driver’s choice in speed.
• Recently a set of speed bumps were removed in a alley in another neighborhood due in part to the fact the speed control devices actually attracted more kids to be in the alley skateboarding so what controlled car speed actually increased the exposure to kids, a definite safety negative. 
• And one-ways would penalize the mobility of residents on a daily basis with the potential to limit only half the liquor store traffic and with the potential to increase speeds, again not the intended result.
Of course, it should be noted that the costs under City policy for any of the above are shared by the abutting property owners.
 
Recommendation:
This is an alley with both commercial and residential access, not a development practice typically allowed today, and as such has the potential for conflicts in use. Clearly, there is a perceived conflict in use by at least a few residents, a general concern for safety related to speeds and commercial access is not the preferred practice according to today’s development standards.
 
Although dead-ending of the alley is the only way to eliminate all traffic non-residential traffic it does not seem a reasonable alternative given the restrictions imposed on residents travel patterns, and the physical space needed for a alley turn around. From the other perspective the liquor store parking area is not big enough to turn vehicles around on-site so full closure of their alley driveway alone is also not feasible. Therefore, I would recommend working with the liquor store to revise the traffic pattern so that their customers use Arcade or travel back out toward Arcade. See attached sketch.
 
The elimination or modification of access to the alley from the liquor store would require working through LIEP to achieve. Traffic engineering can assist with the development of access alternatives some of which may be tried as temporary or could be worked out between/with others.
 
In the mean time speed enforcement in the alley would seem the best overall approach and I will make a request to Police. Also Mr. Wadding should note that a private citizen should not place traffic control device in the public right of way.

Monica M. Beeman, PE
City of St Paul
Department of Public Works
Traffic Engineering
800 City Hall Annex
25 West Fourth Street
Saint Paul, MN  55102-1660
(651) 266-6214

"You must be the change you wish to see in the world"  Gandhi

___________________________

*12/29/2005

(Replying to the Official Traffic Count Report-12/23/2005).

Monica,
Very thorough and thoughtful analysis.
Thanks!
Bruce
*************************
 
12/23/2005
(Reply Message)

Dear Monica:
 
Thank you so much for your detailed report and your time in the traffic count.
 
I do agree that your sketch is the right solution but the drawing that I would have presented for the solution would to cut the alleyway as a dead-end from the house next to the parking lot and across to the other side of the Food-shelf mission.
 
This action would allow the businesses to use the alleyway as you proposed in the sketch and allows the safety of the neighborhood to occur when we use the west end for access. See sketch below.
 
However, the added traffic block may deter people to use the access in the alley but who is going to enforce the traffic and break the habits of the liquor store owner?
 
Do the citizens of the neighborhood try to work with Walfoort Liquor through the District 5 Planning Council or have the City of St. Paul write a letter of this situation? We could face strong opposition from the liquor store owner.
 
I will mill it over during the winter months.
 
Thank you,
 
Shannon Wadding
846 Jessamine Ave E
St. Paul, MN 55106-2612

 TRAFFIC RECORDS OF THE BACK ALLEYWAY TO WALFOORT LIQUOR STORE.

IS YOUR MINNESOTA AUTOMOBILE RECORDED HERE?

DATE of Speeding

* Denotes prior moving violations. MN License Plate # ; NAME;  Date of Birth ; Address

12/08/2005; LKL 434  

12/08/2005; LMS 388   

* 12/08/2005; ERE 457
Active Misd. Warrant
-frequent at 1081 Arcade St. upstairs apartments. Mark Anthony Hoff 
9/24/1954 627 N 3 St Bayport MN 550031007

(651) 351-2843
Or;
2453 Elkhart Lane, Maplewood, MN 55119

* 12/08/2005; NHB 945-Currently SUSPENDED *Michel Diori Tillman;
Angela Renee Dates 11/04/1977;

12/11/1974 990 Lafond Ave., St. Paul, MN 55104

* 12/08/2005; LEF 819 Quincy Terrel Lewis 02/26/1981 415 Jessamine Ave E.(Upstairs), St. Paul, MN    55106 (651) 493-7693
12/08/2005
12/09/2005

12/15/2005; KLL 112 Terence Paul Primus 07/15/1964 
12/08/2005

12/10/2005; RJD 351-Anderson’s Perfect Pizza Delivery. Wayne Anderson  1098 Arcade St., St. Paul, MN 55105 (651) 774-3300
12/08/2005
12/13/2005

12/16/2005;  PTT 696  

12/08/2005; KHH 781 

  
12/08/2005; LPP 471   

12/08/2005; RLZ 720 

  
* 12/08/2005
   12/14/2005;  PHM 071 Joyce Marie Imhoede  3584 Blue Jay Way, #101, Eagan, MN

12/08/2005; RJO 351 

  
12/08/2005; FTD 806  

12/08/2005; ESS 812   
12/08/2005
12/12/2005

12/16/2005; JEM 562   Lives on 900 Block of Magnolia Ave.

12/08/2005; PHN 927

   
12/08/2005; FMG 667   
12/08/2005
12/15/2005
12/16/2005 

12/17/2005;  GPT 841 Eva Emma Stites 02/06/1949 1099 Geranium Ave E St Paul MN 551062709 (651) 330-8083

12/08/2005; YHN 245   

* 12/08/2005; MMN 303 Janet M. Rennick- Thompson

  
12/08/2005; CSG 963

   
* 12/09/2005; PNT 901-current SUSPENSION. Jessie Jovon Smith 08/09/1977 845 Cook Ave, St.      Paul, MN 55101 (651) 776-8702
12/09/2005
12/16/2005

12/16/2005;  NPF 469 John Lee Taylor, Jr. 09/12/1980 

12/09/2005; GTN 234

   
* 12/09/2005; GYS 265 Maria Alicia Orozco 11/27/1969 1017 Sims Ave. St. Paul, MN (651) 774-4506

12/09/2005; PUL 255   

12/09/2005; LXG 255

   
12/09/2005
12/16/2005
12/19/2005
12/20/2005;  KTY 701 

  
12/09/2005
12/13/2005 ; GBY 746-Blue & White Taxi.  

12/09/2005; DVB 937   

12/09/2005; LIG 762  

12/09/2005; MED 361 

  
* 12/09/2005
   12/13/2005 ;WT0649 

  
12/09/2005; MAX 141 Joel Aviles Martinez 01/08/1978 1626 Sherwood St. Paul, Mn 55106

12/09/2005; HCA 288 

  
* 12/09/2005; JJH 604- Demetrius Dwayne Walker 10/25/1980 1026 Reaney, St. Paul, MN 55106

12/09/2005; KGL 955 

  
12/09/2005; LAD 922  

12/09/2005; NGY 241 Joshua Michael Anderson 11/17/1983 378 Case Ave St. Paul MN 55101

12/09/2005; JNF 346   
12/09/2005
12/16/2005
12/16/2005
12/20/2005

 PTU 341   
12/09/2005
12/12/2005

 KWR 579

   
12/09/2005; NYP 527 

  
12/09/2005; GTZ 607  

12/09/2005; NZU 475 Tiffany Jaunice Reed 10/19/1971 1367 Reaney Ave, St. Paul  MN (651) 772-7490

12/09/2005; HOY 976 

  
12/09/2005; LXE 575 

  
12/09/2005; DHE 372-throughway.   
12/09/2005
12/10/2005
12/14/2005
12/16/2005 

NTP 956 -Top Ten Car Detail.  

12/09/2005
12/15/2005; EHS 698 -Debbie’s Doghouse   805 Hudson Rd. St. Paul, MN 55106
(651) 776-4080

12/09/2005; KTX 067  

12/09/2005; FBM 700  

12/09/2005; JWA 200 Queta Lilian Curtis 03/28/1983 
12/09/2005
12/12/2005
12/15/2005

12/20/2005;  NWY 663

   
12/09/2005; NWZ 323 

  
12/09/2005

12/20/2005;  PTU 341-(Comes around before 6PM) 

  
12/09/2005; JZJ 758 Dawn Maurean Hyland 06/28/1966 6843 Sandlewood Rd. Woodbury (651) 714-0929

* 12/09/2005; HBM 136-Active WARRANT for DAS Bonnie Estrada Martinez 10/04/1967 2072 Mississippi St. #201, Maplewood MN 55117

* 12/09/2005
   12/10/2005
12/16/2005
  DXL 983 Angela Jean Crudo;

Howard Elmer Frahm Jr. 05/27/1982

04/13/1949 
12/09/2005
12/10/2005
12/12/2005  LCC 683 Jason Anthony Khemraj;

Tywana Victoria Price 01/01/1979;

06/29/1978 800 W. Co. Rd. D #206, New Brighton, MN;
Or
 6124 Kyle Ave. N., Brooklyn Center, MN 55429;
(Tywana):294 Thomas Ave., St. Paul, Mn 55119

12/09/2005; IBZ 687   

* 12/09/2005; KDT 534-Active
WARRANT and Suspension. Marilyn Claire Frenchik;

Ronald Hill;

Jerry Lavell Thomas;

Darius Rafeal Range 03/09/1937;

12/13/1958;

03/18/1958;

02/19/1983 Not found;

167 N. McKnight #207
St. Paul 55109;

3425 W. Harrison St. Chicago IL. 60624;

3104 E. 65th St., #310, Inver Grove Heights, MN 55076

12/09/2005; PDK 603   
12/09/2005
12/16/2005
12/17/2005
12/20/2005  

GVK 822, Nicole Rene Mortenson 04/21/1983 

12/09/2005  NHL 141   

12/09/2005 Wisconsin-too fast to get info.   

* 12/10/2005
   12/10/2005;  NMV 612- Currently SUSPENDED Quincy Lamont Gee 03/14/1971 1199 Glendon St., Maplewood, MN 55119

12/10/2005;  EYK 303   
12/10/2005
12/10/2005
12/19/2005

12/20/2005;    REM 851

12/20/2005-slowed down.   

12/10/2005; GHP 503   

12/10/2005 ; Wisconsin- 319 HBG

   
* 12/10/2005;  NHA 327-Currently SUSPENDED Willie Terrell Smith 02/10/1971 2192 Mohawk, North St. Paul, MN 55109
12/10/2005

12/15/2005;  NYC 131 Linda Marie Kania  
    
12/10/2005;  PKP 443  

12/10/2005; Wisconsin- KXX 795

   
12/10/2005;  PML 448- Putting on make-up while speeding. 

  
12/10/2005;  GCT 257  

12/10/2005;  LWU 763 Maiyia Yang 06/30/1986 1894 Ivy Ave E., St. Paul MN 55119 (651) 776-8326

12/10/2005;  PTU 761-throughway 

  
12/10/2005; MVV 220

   
12/10/2005; GSJ 041

   
* 12/10/2005; MTZ 861 Sotho Phea 02/08/1983 

12/10/2005; EPW 084 Jennifer Marie Mastel;
Todd Patrick Mortenson 12/15/1978;

12/12/1970 

12/10/2005; NZY 540   
12/10/2005

12/10/2005;
 CAH 039-Younger driver almost hit pedestrian in alley. Kevin Cyril Kronquist 08/02/1950 

12/10/2005;  Nebraska-440 NEP 

  
12/10/2005;  NTS 230 

  
* 12/10/2005
   12/19/2005;   NYC 657-Currently SUSPENDED John Henry Bellaphant 08/04/1955 1915 Arcade St., St. Paul, MN 55106

12/10/2005; NHB 830 

  
12/10/2005; HPH 610

   
* 12/10/2005;  GCF 286- Currently SUSPENDED and ACTIVE FELONY WARRANTS Martin John Johnson;

Debra Ann Paterson
 10/22/1980;

01/19/1958

 13001 Harriet Ave., Burnsville, MN 55337;

1125 Lane Pl., St. Paul, MN 55106

12/10/2005
12/10/2005
12/10/2005
12/13/2005
12/15/2005
12/16/2005; GUX 446-Food shelf delivery; using as
throughway.

   
* 12/10/2005; NSU 986-Currently SUSPENDED John Louis Black, Jr. 01/22/1971 495 Stryker Ave., St. Paul, MN 55107

12/10/2005;  NBJ 524

   
DATE of Speeding * Denotes prior moving violations.  MN License Plate #  NAME  Date of Birth  Address

12/10/2005; RDL 587

   
12/10/2005; PHX 124

   
12/10/2005; LBC 400 

  
12/10/2005; GRY 743

    
* 12/10/2005; GFK 748
-Currently SUSPENDED License Sarai Markiea Watkins;
Ontaria Rosalyn Hester
 07/07/1982;

04/15/1972

 1465 Klainert St., #B St. Paul, MN 55117
12/10/2005 EXE 657   
    
* 12/10/2005;  GGP 919  Brett Thomas Koscienko 02/21/1965 979 Lawson E, St. Paul, MN 55106

12/10/2005;  PXY 868 Cedric Dwyon Mitchell 05/23/1956 902 Aurora Ave., St. Paul MN 55104 (651) 225-0717

12/10/2005; PKB 372

   
12/10/2005;  GRU 786    

12/12/2005;  MHS 580-(Food shelf volunteer) speeding/almost hit pedestrian. Robert William Spratt 09/11/1970

12/12/2005;  RJG 262

   
* 12/12/2005
   12/20/2005;   PHN 245 Laura Phyullis-Marie Tolbert 06/15/1979 871 Case Av St Paul MN 551063860
(651) 771-1279

* 12/12/2005;  LSJ 534-Currently SUSPENDED Jeffrey Rayshawn Wilson 04/09/1982 780 Rose Ave., St. Paul MN 55106

12/12/2005
12/20/2005;  NWY 614

   
12/12/2005; DBZ 192

   
12/12/2005; Wisconsin- 103 KGJ 

  
12/12/2005;  NVA 386 

  
* 12/12/2005; DZZ 454-currently SUSPENDED Roger Allan Andrews ,04/28/1954.

* 12/12/2005
   12/13/2005
   12/19/2005 ; MVP 699-currently SUSPENDED George Francis Hruza, 01/21/1982, 1234 Mclean Ave St Paul MN 551066417
(651) 776-0428

12/12/2005;  JZC 216 

  
12/12/2005; KRINCKLE 

  
12/12/2005;  PXU 423

   
* 12/12/2005; KWE 652 Maria Dejesus-Muniz Lamas, 10/01/1975.

12/12/2005; LMT 898

   
* 12/12/2005
   12/16/2005;  MLP 246 Kenneth Ray Linsy, 01/14/1971, 910 Forest St. #G 5, St. Paul, MN, 55106;
Or
37 Shannon Dr., Hastings MN 55033

12/12/2005; HHB 961

   
12/12/2005;  NYA 216 Vanessa Butts, 11/16/1972.

12/12/2005; DAB 110  

12/12/2005;  PUJ 394   
12/12/2005
12/16/2005  

JNC 997   
12/12/2005
12/17/2005  

NWY 663 

  
12/12/2005; FYH 330

   
12/12/2005, 12/13/2005;  NXB 257 

  
12/12/2005; GZR 170

   
* 12/12/2005  FJT 347 Albert Nels Bjerke Jr., 08/07/1965 

12/12/2005;  LCC 031-Throughway 

  
12/13/2005;  NZS 142 

  
12/13/2005;  PTT 542 

  
12/13/2005; LEB 817

   
12/13/2005;  PPA 170 

  
* 12/13/2005
   12/17/2005;  HVD 828-Currently SUSPENDED Celia Trinidad, 08/28/1969, 1086 York Ave., St. Paul, Mn 55106

* 12/13/2005
   12/15/2005
   12/16/2005
   12/16/2005
   12/20/2005 ;  FRJ 463 Irretrievable case 

12/13/2005; EJK 958 Leslie Elayne Junemann, 12/10/1972 .

12/13/2005;  PHL 353 Case # TMD-T9-05-023313  

12/13/2005; FWH 866   

12/13/2005;  PHX 717

   
12/13/2005; PZT 567 

  
12/13/2005;  JKC 946-almost hit
pedestrian/throughway use. 

  
12/13/2005; NSP 612 Dorothy Lynn Moore, 04/01/1978 3711, Gershwin Ave N Oakdale MN 551283005
651) 770-7269

***12/13/2005
      12/16/2005
      12/16/2005
      12/19/2005;   KHH 748-All Current SUSPENSION

Dom Abuse & firearm poss. 
Betty J. Shavers;
Latoya Lashawn Shavers;
Leonard Maine Shavers 

09/05/1965;

06/27/1986;

05/20/1985. 911 Lawson Ave E St Paul MN 551063218
(651) 793-6951

12/13/2005
12/14/2005; MTH 658 

  
* 12/13/2005;  FWH 886-Currently SUSPENDED-almost hit panhandler. Paul Todd Jackson;
Althea June Toliver 11/28/1965;

12/29/1956 949 Hague Ave., St. Paul, MN 55104

12/13/2005; GUX 804 

  
* 12/13/2005;  PLV 248-Currently SUSPENDED John Casanova Jackson 11/12/1967 1086 York Ave. #7, St. Paul, MN 55106.

* 12/13/2005; HTS 952-Currently SUSPENDED Makiesha Edwina Mayo 11/03/1981. 

* 12/13/2005  LKL 334-Currently SUSPENDED Dianne Marie Homich  12/30/1958
 942 Rose Ave. (Lower), St. Paul, MN 55106.

* 12/13/2005 MFV 031-Currently SUSPENDED  * Robert Morris Cook;

Lynette Robinson 02/20/1973;

01/15/1955 3146 Portland Ave. S., MPLS, MN 55407;

2040 Yorkshire Ave. #2, St. Paul, MN 55116

12/13/2005
12/19/2005;  GMH 586 Christine Marie Todora;
Michael Anthony Todora 12/18/1968;

08/30/1966  
12/13/2005;  MKZ 647 

  
DATE of Speeding * Denotes prior moving violations.  MN License Plate #  NAME  Date of Birth  Address

12/14/2005; JXR 544

   
* 12/14/2005
   12/14/2005;
 MVY 156 Amber Marie Ukes, 09/05/1982.

* 12/14/2005; LFR 326-Two prior D.W.I.’s Lalita Diane Stevenson 05/07/1957 932 Sims Ave., St. Paul, Mn 55106
(651) 771-8942.

12/14/2005; NLC 561   
12/14/2005
12/20/2005   

NZJ 611   
12/14/2005
12/19/2005  

NTN 205   
12/14/2005
12/16/2005 

PWN 377-Snow removal truck.   
12/14/2005 NYO 640   
12/14/2005  DHM 893 Michael Matthew Haga 05/16/1981 
12/14/2005  REL 674   
12/14/2005 HCK 906-Alley as throughway.   
12/14/2005
12/19/2005  GVF 678 Joanne Lynn Gibson 02/24/1956 
* 12/14/2005 NHL 425-Currently SUSPENDED Allison Caron Krogh 04/14/1984 966 Hawthorne, St. Paul, Mn 55106
12/14/2005  HFZ 301   
12/14/2005  LFB 618   
12/14/2005 LXV 981   
12/14/2005 NWZ 956   
12/14/2005 PDN 600   
* 12/14/2005  HHS 047-Currently SUSPENDED; Out on recognizance for Felony Drug Poss. Guy Curtis Hall 12/19/1985 643 Linden St., St. Paul, MN 55101
12/14/2005  NAY 072   
* 12/14/2005 NGZ 046 Steven John Berger 07/11/1981 990 Lawson Ave. E., St. Paul, MN 55106
12/14/2005  NZT 663-City Wide Taxi   
12/14/2005 PYE 324   
DATE of Speeding

* Denotes prior moving violations. MN License Plate #  NAME  Date of Birth Address
12/15/2005 HDL 587   
12/15/2005  LGV 247   
12/15/2005 HCZ 912   
12/15/2005 LUK 239   
12/15/2005 RLZ 219   
12/15/2005  EXU 044   
12/15/2005 ETP 977   
12/15/2005 LAG 762 Name and address requested.  
12/15/2005
12/16/2005  PHK 188-Victim of mugging at Walfoort Liquor (12/16/2005).   
12/15/2005 GLV 368   
* 12/15/2005 CRG 848 Sue Her;
Chia Chue Her
 07/23/1981
03/05/1954 1737 Idaho Av St Paul MN 551061332
(651) 330-8896
12/15/2005 NHL 428   
12/15/2005 CEJ 884 Name and address requested.  
12/15/2005 JCZ 214   
12/15/2005 MUX 634   
12/15/2005 RJG 626   
12/15/2005 RDL 958   
12/15/2005 DMF 627   
12/15/2005  LRV 013   
12/15/2005 FVR 292   
12/15/2005
12/17/2005 MMN 058   
12/15/2005  HFZ 301   
12/15/2005 NZJ 811   
12/15/2005
12/16/2005  MXW 342   
* 12/15/2005
   12/16/2005 LUK 901 Casarae Elliott Anderson 08/28/1983 
12/15/2005  ETX 264   
12/15/2005  PHP 043   
12/16/2005
12/17/2005  Wisconsin-188 ERC William Bruen  
12/16/2005 JND 807 Diane Lo Duachong  08/20/1986 
12/16/2005 FFL 018-City Wide Taxi. Anthony William Decarlo;
James Arthur Chevre 12/01/1971

10/12/1933 2602 2nd Ave, No. St. Paul, MN55109
* 12/16/2005 GUJ 062- Currently SUSPENDED Carthell Lamont Smith;
Michael Conrad Doffing, Jr. 10/16/1978

01/22/1983 8260 W. River Rd., Brooklyn Park, MN 55444

(651) 734-1992

12/16/2005
12/20/2005  PRJ 822   
12/16/2005 JNC 351-Almost hit Pedestrian.   
* 12/16/2005  HEK 570-Currently SUSPENDED Shauna Renea Lewis 04/06/1983 1854 Beebe RD. #334, Maplewood, MN 55109
12/16/2005 MHT 431 Alfredo Gayton Capetillo 08/12/1972 
12/16/2005  KBM 174   
12/16/2005 PTU 738   
12/16/2005 PWL 257   
12/16/2005 NCY 043   
12/16/2005 EEU 369 Kaipo Lee 04/15/1981 737 Jessamine Ave E St Paul MN 551062505
(651) 776-8826
12/16/2005 NXZ 529   
12/16/2005 MXG 842 Jose Manuel Baez 07/06/1971 
 
12/16/2005 KWW 343   
12/16/2005 Wisconsin-919 JZV   
12/16/2005 GYT 407   
12/16/2005 NGX 105   
12/16/2005 CPV 658 Lee Thao 05/02/1959 Case Av St Paul MN 551063703
* 12/16/2005 EPU 286 Mark Anthony Solis, Jr. 02/15/1984 
* 12/16/2005 MXZ 730 Jose Peraza;
Manuel Dejesus Villeda 02/02/1965;
02/26/1934 
1045 Charlton St West ST Paul MN 551181220
(651) 455-9721
12/16/2005 JFT 709   
12/16/2005 RFP 688   
* 12/16/2005
   12/17/2005  KXT 455 Andre Charles Wesley 06/30/1961 1025 York Ave 10 St Paul MN 551063977
(651) 330-2365
    
12/16/2005 NXC 020   
12/16/2005  NXV 520-Pass through.   
12/16/2005 HKX 183   
* 12/16/2005 LFY 570 Jeffrey Roland Hehn 03/28/1966 2365 Hillwood Dr., Maplewood, MN 55119
12/16/2005 PUJ 947   
12/16/2005 LMT 545   
* 12/16/2005  CRY 265 Jennie Michelle Gorbunow 01/04/1980 
12/16/2005 PHM 286   
12/16/2005
12/16/2005 PXY 681-No front plate.   
* 12/16/2005 JUR 355 Nickyia Laverne Cogshell 02/01/1973 
12/16/2005  KHD 193   
12/16/2005 DKJ 213   
12/16/2005 NDT 887   
12/16/2005 FPL 820   
12/16/2005 JWJ 757   
12/16/2005 MEZ 538   
* 12/16/2005  DMM 533-Currently SUSPENDED Liliana Vazquezsuao;
Victor Manuel  Cardona 05/10/1985;

12/15/1947 

53 Atwater St., St. Paul, MN 55117
* 12/16/2005  MFS 965 Silvia Jeanneth Cardona 09/25/1974 1503 Hazelwood St., St. Paul, MN 55106
12/16/2005  MLA 603   
    
12/16/2005 JKN 787   
DATE of Speeding

* Denotes prior moving violations.  MN License Plate #  NAME  Date of Birth  Address
12/17/2005 DENIZ Sergio E. Deniz 01/30/1981 2011 Arkwright St Maplewood MN 551172036
(651) 330-1546
12/17/2005  LXF 287   
12/17/2005  CSC 474   
12/17/2005  GCF 286   
* 12/17/2005 LFZ 616 Thomas Andrew Blakstad;
Crystall Lee Tusa 07/14/1982;

05/31/1984 
12/17/2005  NZV 736 Nackia Maurine Galbreath 09/01/1982 
12/17/2005 JTZ 995   
12/17/2005 NPP 291   
    
* 12/17/2005  KCF 909-Almost hit pedestrian. James Robert Woller 10/07/1967  741 Sims Ave St Paul MN 551063714
(651) 207-8729
12/17/2005 PKP 443   
12/17/2005 NSO 726   
12/17/2005
12/17/2005  GFG 721   
12/17/2005 JHW 640 Daniel Evert Olson 11/02/1942 
12/17/2005 RKK 799   
12/17/2005 UOO89   
12/17/2005
12/17/2005  FEN 294 Shannon Michael Tabbert 01/18/1979 
12/17/2005 MTG 245   
12/17/2005 JGT 568   
* 12/17/2005 EZB 544 Raymond Lee Saul 02/31/1949 1061 Reaney, St. Paul, MN 55106
12/17/2005 JTZ 995-Illegal dumping of trash/Going to liquor store.   
12/17/2005  NMS 264-Food shelf delivery.   
12/17/2005 DYE 655   
12/17/2005 DVW 375-Pass through.   
* 12/17/2005  NDV 333 Larry Danal Harris 05/18/1956 1296 West 7th St., #1, St. Paul, MN 55102
12/17/2005 PHT 223   
12/17/2005
12/20/2005  MTG 271 Paul Gary Gillen 09/09/1956 9300 Tewsbury Gate N Maple Grove MN 553111137
(763) 416-2201
12/17/2005 NYU 640 Juan Alvarez Marichal 04/13/1963 
* 12/19/2005
   12/20/2005  CGB 817-Currently SUSPENDED John Marshall MacAfee 10/18/1970 1247 St. Anthony #1309 St. Paul, MN 55101
12/19/2005 HCE 614   
12/19/2005 Wisconsin-490 DFK Nichole A. Marcyan 12/15/1980 
* 12/19/2005  NGZ 467 Dan Quy Nguyen 09/20/1962 9417 Preserve Tr., Woodbury, MN 55125
12/19/2005 Wisconsin-144 JXF   
12/19/2005 DSD 369-Food shelf delivery/fail to yield pedestrian.   
12/19/2005 PXT 195-Food shelf delivery/fail to yield pedestrian.   
12/19/2005  KZY 305-Food shelf delivery/fail to yield pedestrian.   
12/19/2005 CTN 062   
12/19/2005  JT 053   
12/19/2005 MLP 360   
    
12/20/2005 LSL 999   
12/20/2005 Wisconsin-455 JNS   
12/20/2005 WT7403-Pass through to other block/814 Jessamine Ave E   
12/20/2005 KZZ 293-Food shelf delivery. Anthony August Holte 10/14/1974 
12/20/2005  PHT 514 Christopher Jon Vallant 05/10/1984 
* 12/20/2005 LUT 346 Kim Yang 02/29/1980 
12/20/2005 FYS 461   
12/20/2005  PYB 425   
12/20/2005 LRT 881   
12/20/2005  ENU 218   
12/20/2005 NKK 407-Almost hit the Vue’s backing out of garage.   
12/20/2005  DOM 480   
12/20/2005 RGK 118   
12/20/2005  DBZ 192   
12/20/2005 DAJ 460   
12/20/2005  GUA 642   
12/20/2005 KXB 359 Janet Latate Washington 09/17/1980 942 E 6 St 2 St Paul MN 551064506
(651) 702-4149
12/20/2005  MLP 249   
* 12/20/2005 HWZ 344 Karen Kaye Edens 08/04/1944 
    
    
    
    
    
  
  Operation: Save Our Streets Neighborhood Safety Project.

Winter traffic count for December 8, 2005-December 20, 2005 for the alleyway traffic between Arcade St. and Mendota Ave. to the Walfoort Liquor store between Jessamine and Magnolia Avenues.
 
 

                                         Memorandum

Date: 8/15/2006
Time: 11:53 AM

RE: Save Our Streets Neighborhood Project Traffic Summer Count Records.

Dear Monica:

I have only counted traffic that crosses my path adjoining to my property and not including the turnaround at the end of the alley next to Walfoort Liquor store.

This summer, car and foot traffic doubled. I fear, as I stated in my letters posted to the City Council and its proper departments, that without proper and consistent traffic enforcement this problem will continue in strength. We already had incidences of property damage and rising criminal nuisances. These are the facts of my current observations that I have recorded for you:

•         Summer weekdays before 6:00 PM, I have counted an average of 50+ cars rushing down the alleyway.
•         Summer weekdays from 6:00 PM until 8:00 PM, I have counted an average of 42+ cars rushing to Walfoort Liquor; especially nearing closing time.
•         Summer weekends of Fridays and Saturdays from 6:00 PM until 10:00 PM, I have counted an average of 93+ cars rushing down the alleyway.
•         Other than speeding, many other crimes associate with Walfoort Liquor store; that is, Drivers without licenses, some drivers with active arrest warrants, muggings, thefts, and illegal dumping of trash going to and coming from Walfoort Liquor store.

In my summer estimations, we have an average of 554+ cars of nonresidents violating traffic and legislative statutes in our neighborhood every week. This is an increase of 194+ cars a week during the summer. I do not know of any residential alleyways with this volume of traffic seen in our backyard. This is a continuing safety concern that must have a permanent solution before any more loss of property or life.

Please contact me again and I will continue this safety enforcement project in the summer when school allows me the time. I will be at the Eastside Neighborhood Rally tomorrow at Trinity Lutheran Mission House at 10:30 AM.

CC: File, District 5 Planning Council, Dan Bostrom with Ward 6, St. Paul Police Department: Payne-Arcade Enforcement, Monica Beeman with City of St. Paul Traffic Engineering Department.
 
 
 Shannon Wadding
Paralegal-Legal Advocate
Familiar with Constitutional, Juvenile, Criminal, Civil, Family, Probate, Conciliation, Landowner & Tenant Rights.
 
 __________________________ 
8/9/2006

Dear Hmong-American Partnership:

“When compassion is lacking, people become destructive and insensitive because people ignore the foresight of our actions on the well-being of others”—Dali Lama.

There was an incident yesterday at the City Park at Mendota Ave. and Magnolia Ave. involving many Hmong juvenile males fighting with other neighborhood children, in which the police arrested several juveniles.

For the past three years, some people living in this neighborhood feel threatened or ignored from the Hmong community. Many of the East Side Hmong neighbors are turning into individualists, or becoming more xenophobic in their cultural community, and ignoring the ideas of their social connections with others for being a “good neighbor.” Many Hmong juveniles behave as a gang for promoting their violent policy of “No niggers allowed in our park,” or excluding other cultures from using City property.

Please, people must learn to discard useless ideologies, and use a comparative, new cultural perspective to include everyone’s story for a collective American history. Your help in promoting equitable social services and multicultural education may reduce some of the racism, the feelings of powerlessness, and the fighting among one another.

I spoke on the phone this morning with the St. Paul Parks & Recreation operations manager, Rich Lallier (651) 632-2402. He commented about the futility of picking up hazardous litter in the park.

St. Paul Parks & Recreation propose to replace the field with community gardens so the Hmong elders would find favor of the youth to stop their bad behaviors and watching the neighborhood for drug dealers. I agree that this proposal will benefit the neighborhood.

Please contact me if you have any questions.

Sincerely,
Mr. Shannon Wadding
Paralegal, Neighborhood Watch

CC: File, Leslie McMurray at District 5 Planning Council, Dan Bostrom at Ward 6, St. Paul Police, Payne-Phalen Enforcement Unit.

11/20/2005

Dear Council Members, Distinguished guests and Neighbors:

The question I ask is, Do the needs of human life outweigh our tax dollars?

I witnessed for the past years the problems I have written in the flyer, http://operation-save-our-streets-neighborhood-project.app-brighan-1.aidpage.com/operation-save-our-streets-neighborhood-project/.

The main issue this evening is the high-speed traffic in the alleyway to Walfoort Liquor. My neighbors and I tried to curb the traffic by our presence and telling nonresidents of the traffic laws with their ignoring of our actions when passing through the alley. Tonight, I am giving the City proper notice on record of the dangers to our property and personal safety connected to the businesses on the alley between Magnolia and Jessamine Avenues. We need to close off the alley, install speed bumps, or make it undesirable for nonresidents to traverse the alley near our homes.

History shows the City’s plan outweighs the needs of the neighborhood. There are precedents when people tried to stop unnecessary traffic and the evaluation plan already conducted in the neighborhood. Don Telin of 835 Magnolia Avenue states, “We have tried to stop people in the neighborhood since the 1970’s. The City received complaints and they did their traffic studies with nothing done to solve the problem [because of discretionary immunity].” The result is the City is lucky that people did not suffer serious injuries or property damage since giving notice to the City in the 1970’s.

Today, the City will incur civil liability, God forbid if someone injures or kills a child or damages property because the City of St. Paul does not enforce the Traffic statutes or by correcting the problem permanently. I will cite the authoritive cases of Nusbaum v. Blue Earth Co., 422 N.W. 2d 713 (Minn. Ct. App., 2004); Minn. §466.01 (2004) (The City must protect its citizens from harm that is able to cure-quoting  Hansen v. City of St. Paul, 214 N.W. 2d 346 (Minn., 1974) (Constructive notice given to the City of public safety hazards of stray dogs running loose and biting people)).

The City will not have the defense of discretionary immunity from liability because of policy decisions about public finances, impact, or planning ruled in Nguyen v. Nguyen, 565 N.W. 2d 721 (1997), which relies on Minn. § 466.02 (1976) and Minn. § 466.03, Subd. 6 (2002), (Discretionary acts for investigative planning or fiscal determinations).

In this case, discretionary immunity from torts [Civil Lawsuit] does not apply. Minn. § 466.03, Subd. 5 (2002) is an exception that forbids immunity from tort liability for any injuries suffered or personal property damage (Section 466.03, Subd. 8 (2002)) after already given the City notice of the public safety issues and the City’s failure to enforce legislative traffic statutes.

Therefore, the Court can construe liability when the City failed to enforce mandated public safety statutes and the City Council can fail in their claims that discretionary immunity applies because of planning. Consult with an attorney before taking action.

Solutions that I present tonight are cutting the alleyway off from the businesses to the rest of the neighborhood. Examples of local precedent’s are Forest and Orange is a dead-end residential alley. Hyacinth and Wheelock Parkway has blocked off traffic except for emergency traffic. Magnolia and Arcade Street at the Hmong-American Partnership cuts the alleyway with a one-way sign.

Another solution is to reform the alleyway with speed bumps designed to allow the water flow into the storm sewers. Or;

Volunteers armed with radar guns can rotate and record license plates with the speed driven and warning notices delivered to the offender of their possible liabilities. If the City fails the neighborhood, then the next election will reflect the differences of opinions.

One neighbor on the 800 block is a paralegal and offers to remind the public the following:

“The Minnesota Criminal statutes and Traffic laws of 2005 state:

 **Minn. § 169.14, Subd. 1. (1997). Duty to drive with care. No person shall drive a vehicle on a highway [roadway is defined as a highway, §169.01, subd. 31] at a speed greater than is reasonable for becoming and remaining aware of the actual and potential hazards then existing on the highway and must use due care in operating a motor vehicle. In every event speed shall be so restricted as may be necessary to avoid colliding with any person, vehicle or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.

**Minn. § 169.01, Subd. 67 (2000). Alleyway. “Alleyway” means a private or public passage or way located in a municipality  and which (1) is less than the usual width of a street (2) may be open to but is not designed primarily for general vehicular traffic (3) intersects or opens to a street, and (4) is primarily used for the ingress and egress or other convenience of two or more owners of abutting real properties.

** Minn. § 169.14, Subd. 5c. (2003). Speed zoning in alleyway. Local authorities may regulate speed limits for alleyways as defined in section 169.01 based on their own engineering and traffic investigations. Alleyway speed limits established at other than ten miles an hour shall be effective when proper signs are posted.”

The regulated speed for our alley is 10 MILES AN HOUR.

Therefore, the alleyway belongs to the residents of 800-block close to Walfoort Liquor store and excessive speeds, drunk driving, littering, and criminal activity associated with nonresident patrons endanger our property and children of the 800 block neighborhood.

The businesses on Arcade Street have an agreement [a promise to avoid from becoming a nuisance] with the neighborhood or have penalties imposed on the business.

If you have complaints, solutions, or extra comments to share about enforcement of unwanted traffic and criminal activity associated with nonresidents abusing the alleyway and our property, please respond by writing or calling to:

Dan Bostrom, Council President Ward 6: (651) 266-8660
Scott Renstrom, Legislative Aide to Dan Bostrom: (651) 266-8661.
E-Mail: ward6@ci.stpaul.mn.us

Leslie McMurray with District 5: (651) 774-5234. Her e-mail is: d5-director@visi.com

Write to: City Council Offices        
                310 City Hall
                15 W Kellogg Blvd., St. Paul, MN  55102                                                 

12/8/2005

Dear Honorable Citizens:
 
Thank you all for your response at the December 6, 2005 CPED meeting on this alleyway issue.
 
Monica Beeman is working with me in resolving the issues of high-speed traffic in the alleyway connected to Walfoort Liquor store. She will be doing her traffic count this winter and again in the summer. I, myself, will collect license plate information from offending parties.
 
The issue now is continued enforcement of mandated traffic statutes in the neighborhood and to teach others of the dangers of pedestrian and property damage liabilities and its legalities.
 
However, I lost some sleep in thinking about how the City is liable for tort actions for injuries or personal property damage resulting from the City's lack of remedy to cure the problems once given the notice to resolve the issues.
 
I am also disheartened to imagine that impoverished absentee landowners and homeowners must pay up front out of personal pockets for any traffic signage or devices to be placed on City alleyways or property. Would it not be more difficult to obtain money and signatures for the petition from absentee landowners? Also, what about people such as myself lacking funds to pay for this needed project; resulting from the lack of foresight of the City of St. Paul?
 
I thought the City has the responsibility to protect its own citizens under public safety statutes. If not, where can we apply for a foundation grant to pay for traffic devices installed whereas the City of St. Paul is supposed to be responsible?
 
I would like to ask the aid of any Legislative Official in helping to untangle this web of bureaucracy in saving our citizens and property.
 
Below is a copy of the e-mail from Monica Beeman and Shannon Wadding for the State Legislature and Attorneys to mull it over. I request help in this matter for a successful resolution. I have posted my letter and notice on http://aidpage.com in hopes of finding charitable funding or advice.
 
Thank you for your help and concern.
***************************

Bob,
 
Last night, December 6, 2005, I attended the Payne Phalen District 5 Planning Council as the Public Works representative to hear and help address the concerns voiced by Shannon Wadding regarding traffic in the alley directly behind his house, bounded by Arcade, Mendota, Jessamine and Magnolia.,  Mr. Wadding and one other neighbor spoke to District 5 about speeding in the alley, a high volume of traffic using the alley including those he thinks that are cutting through the alley, and many poor driving behaviors/activities.  Much of the traffic activities he traces back to the Walfoort liquor store, which has access to the alley and fronts on Arcade. He is concerned with safety to children and property in the neighborhood.
 
I did not have any speed or volume information to share with the group but suggested that both pieces of information would be helpful in determining the best course of action and the level of concerns. Unfortunately, with winter conditions automated data collection is difficult so I did agree to collecting data in the alley from 6-8pm on a week night to see what conditions are out there. 
 
I explained that Public Works does regularly address such concerns in alleys and has a petitioning process where by neighbors can work together, agree on an approach, collect signatures and install signs or other devices to address different traffic issues. The cost of the signs and other devices are the responsibility of the abutting property owners, and is collected up front (not assessed) before installation. I also requested that Mr. Wadding call so that we might speak more specifically to concerns and observations he has made.
 
We spoke this morning. He and I both had an opportunity to mill over what was said and might be added. I spoke very frankly to Mr. Wadding as I grew up living in north Minneapolis behind a liquor store with our garage abutting the alley connected to the liquor store parking lot. As a kid I saw many of the things he was trying to describe including people who regularly used the store who were heavily inebriated traveling the alley to avoid city streets. As a result my suggestion is this. No amount of signs or devices can be fully effective if the underlying issue is alcohol, drugs or crime, so, we should: 
• collect the initial data we need,
• then try to do some heavy enforcement to address the underlying issue
• then we can regroup and see what can be done for alley traffic with signs and devices knowing that all require petitioning for overall agreement and have an associated cost to bear. 
I told Mr. Wadding I would also try to look at what might be worked out in cooperation with the liquor store that could reduce the cost burden or restriction to residents but that might address the issue just in a different manner.

Monica M. Beeman, PE
City of St Paul
Department of Public Works
Traffic Engineering
800 City Hall Annex
25 West Fourth Street
Saint Paul, MN  55102-1660
(651) 266-6214

"You must be the change you wish to see in the world"  Gandhi
_______________________

                                          Memorandum

Date: 12/7/2005
Time: 9:35-10:35 AM

RE: Telephone conversation about the neighborhood alleyway safety and traffic with St. Paul Traffic Engineer, Monica M. Beeman and Shannon Wadding (resident).

Dear Monica:

Thank you for the City apology and your response to the concerns of our neighborhood safety. I tried to enlist the aid of City government and neighborhood organizations for the longest time for preventive action.

We have strong-arm robberies, thefts, prostitution, drug dealing, reckless driving, trash, and nuisances from nonresident foot and automobile traffic threatening the neighborhood public safety and peace. According to the phone call this morning, we agree the neighborhood needs a police officer to deter crimes related to the foot and automobile traffic with the business “Fronts” around and including Walfoort Liquor store. This is a continuing problem and now more important because of new families with naive, younger children are moving into the neighborhood.

However, as a good citizen, I must remind the City of St. Paul that it has constructive notice to enforce these Minnesota Legislative Traffic Statutes, section 169.14, Subd. 1 (1997)- Duty of care when driving, and Subd. 2 (6) (2003), Speed zoning -residential alleyways are 10 miles an hour. Any studies or planning of this issue does not resolve the City of any liabilities for personal or property damage.  Nusbaum v. Blue Earth Co., 422 N.W. 2d 713 (Minn. Ct. App., 2004); M.S.A. §466.01 (2004) (The City must protect its citizens from harm that is able to cure-quoting  Hansen v. City of St. Paul, 214 N.W. 2d 346 (Minn., 1974) (Constructive notice given to the City of public safety hazards of stray dogs running loose and biting people)). The neighborhood residents adjoining the alleyway are aware that they must contact an attorney before moving on any legal action against the City of St. Paul.

Our police officers can use the latter traffic laws and Minnesota Statutes Annotated, section 169.13, Subd. 1 (1984), Reckless driving; and Subd. 2, Careless driving (1984) (Speeding in a residential alleyway) to issue drivers traffic violation citations. These traffic violations can construe probable cause to detain the driver for further investigation of public safety and statute violations. In doing so, we agree this action may resolve some of the traffic issues to Walfoort Liquor store.

I think, and I hope that this crime prevention measure of using law enforcement presence in traffic enforcement “stings” in the winter and summer will work. However, complacency and habit is a hard teacher and this fact, I fear, will only be a temporary solution and the problems returning later. I do hope that I am wrong, but I stood outside with my neighbors and watched the neighborhood since 1999 and I fear the revolving renters and nonresident citizens will need consistent traffic enforcement.

At the CPED neighborhood meeting you have stated that no traffic reports are existing. However, I did not think that my neighbor, Don Telmin of 835 Jessamine Ave E, was in any way deceitful to me. Don lived in this neighborhood since the 1970’s. In criminal law, after 15 years, Court clerks destroy old records for storage concerns. We agree that this is the same administrative action to why the Traffic Engineering Department could not find any records of traffic studies. The traffic may decrease during the winter months, but I would not bet on this assumption. During the week from 6-8 PM, Friday and Saturday from 12:00-10:00 PM is common for traffic violations in the alley. However, speeding occurs at all hours of any day in the alleyway.

In conclusion, I fear that if the City becomes involved in a civil action our property taxes will rise, again, to cover any compensatory judgments. I do not want to see anybody harmed or lose property in this impoverished neighborhood. Many absentee landowners have neglected properties and they are collecting Section 8 benefits from their renters. They do not care about rising property taxes because welfare picks up the rest of the rent, while other homeowners are struggling to keep their homes.

The owner of Walfoort Liquor is a temperamental man and he bans service to neighbors that criticize about these problems. I think he fears about losing his store by violating any more laws. There is a tough balance between tort actions by injured people in the alley and the tax revenues gained by the City of St. Paul. All it takes is one death or collision with personal property to set the legal wheels in motion.

Thank you for your time and interest spent in finding a permanent solution into this matter of our need to enforce mandated traffic statutes in the alleyway between Arcade and Mendota Avenues. I will continue to work with the City of St. Paul to find a permanent solution, which is still the idea of speed bumps or closing off the alley.

I would like to have a copy of your telephone conversation report sent to the District 5 Planning Council for clarity.

Sincerely,

Shannon Wadding
846 Jessamine Ave E
St. Paul, MN  55106-2612

CC: File
        The Neighborhood Block Watch, Ward 5&6; Council Member Dan Bostrom 
        with Ward 6; Leslie McMurray with District 5; Mayor of Saint Paul.

Any charitable grants and donations are greatly appreciated and I would ask for any help or informative advice directed towards: 

Monica M. Beeman, PE
City of St Paul
Department of Public Works
Traffic Engineering
800 City Hall Annex
25 West Fourth Street
Saint Paul, MN  55102-1660
(651) 266-6214

*********************

                                                        MEMORANDUM

(There are Three Pages to this Memorandum).

RE: Saint Paul Traffic Engineering Department placed a traffic-counter in the alleyway but, Would it have an accurate traffic count?   

January 24, 2006

Today, 01/24/2006, my neighbor told me that he witnessed a man in a white truck placing the traffic-counter in the alleyway.

On January 23, 2006, I faced a shorthaired blonde, Caucasian man with clear blue eyes, weighing around 210 lbs. He asked me strange questions and that he knew me as the paralegal for “Save Our Streets.” The only way he knew was from the Internet postings, from the Traffic Department, or law enforcement.

The man dressed in a new jogging outfit stood out from the neighborhood and I thought he was either the police or somebody bound for trouble. He commented about his observation there is not any distinct traffic lately.

I answered the “word” got around and people are behaving themselves so far, and it will get worse in the summer, in which his reply was—“It is almost summer out!” This is my memory of what the traffic counter jogged.

I have taken photos below of the pathways and the traffic counter on 1/25/2006. (See Attached Pictures #A-C). I noticed the counter and the sensors stretched across the alley (Picture #A). In addition, I want your attention to the vehicles bypassing around the sensors and trespassing onto personal property (Picture #A & B).

This response concerns me with questions:
• What standards of administration law does the City Traffic Engineer follow?
•  How long will the Saint Paul Traffic Department be recording the alleyway traffic data?
•  Will the City of St. Paul Traffic Department consider the January 24-27, 2006 traffic count as the summer traffic study?
•  Will the traffic count continue during the summer months when people are racing to Walfoort liquor store to quench their thirst with a buzz?
•  Does anyone value or devalue the 800-block neighborhood concern of threats to children and property? Feedback is helpful.
 
Last winter’s traffic count by the Traffic Engineering Department on January 20, 2006 lasted for a single evening of observation with a faulty radar gun. Then, I posted my thirteen days of observations on the web and a copy given to the Saint Paul Payne & Arcade Enforcement Unit. I did not witness any increased presence of traffic enforcement in the back alleyway during the rush hours for Walfoort liquor store. However, there is a strong police presence on Arcade, Maryland, and 7th Avenue lately.

I am concerned about any enforcement action of the decades-old alleyway traffic nuisances. I noticed the traffic-counter gone on noon of Friday, January 27, 2006. I know different City departments are aware of these traffic patterns. The forty-eight hour traffic count did not count traffic associated with the most important hours of Walfoort Liquor; namely, Fridays and Saturday evenings, and especially on the first of the month. These are the riskiest times to public safety.

Shannon Wadding,
Paralegal AS
Save Our Streets Neighborhood Project

Picture #A

Picture #B
 
Picture #C

4/26/2006

      To the authorities of the City of St. Paul:

      Below are some photos of property damage to 847 Magnolia E., St. Paul, MN caused by reckless driving in the alleyway sometime after 10:00 PM on 4/25/2006. I am concerned about the police pursuing a stolen vehicle without apprehending the perpetrator. Please at what cost does selective law enforcement provide if there is disregard for safety or the lack of police presence in this infamous alleyway? The police and I are aware that people covertly use the alleyways to hide from law enforcement. I commend the efforts of St. Paul’s law enforcement officers.

      However, on 11/20/2005, I gave constructive notice at the District 5 Planning Council meeting about the dangerous traffic and criminal activity in the alleyway bound by Mendota and Arcade Street between East Jessamine and Magnolia Avenues. The City will incur civil liability when there is property damage, injury, or death because the City of St. Paul does not enforce nor comply with the traffic statutes by correcting the criminal nuisances permanently. 
     Again, I must caution the City of St. Paul of its hazards citing the legal case of Nusbaum v. Blue Earth Co., 422 N.W. 2d 713 (Minn. Ct. App., 2004); Minn. §466.01, in which the City must protect its citizens from harm that is able to cure (quoting  Hansen v. City of St. Paul, 214 N.W. 2d 346 (Minn., 1974) constructive notice given to the City of public safety hazards of stray dogs running loose and biting people)).

     The City will not have the defense of discretionary immunity from liability ruled in Nguyen v. Nguyen, 565 N.W. 2d 721, which relies on Minn. § 466.02 and Minn. § 466.03, Subd. 6. (Discretionary acts for investigative planning or fiscal determinations).

     Here, discretionary immunity from torts does not apply. M.S.A. § 466.03, Subd. 5, is an exception that forbids immunity from tort liability for any injuries suffered or personal property damage (Section 466.03, Subd. 8) after already given the City notice of the public safety issues and the City’s failure to enforce legislative traffic and criminal statutes.

    Therefore, the Court can construe liability when the City failed to enforce mandated public safety statutes and the City Council can fail in their claims that discretionary immunity applies. Please consult with an attorney about the current laws.

Thank you.

Shannon Wadding
846 Jessamine Ave E
Neighborhood Watch
wadding@usfamily.net
 
 
  Skid marks leading into damaged property.
 ***********************

Dear Shannon:
 
We hope you are continuing to communicate with Monica Beeman of Traffic Engineering on the traffic speeding issue and possible solutions. As we all discussed, Ms. Beeman will be invited back to a CPED Land Use meeting to discuss findings and possible solutions. At the neighborhood's request, it made sense that a traffic study be conducted over the summer months when people report that the problem increases.  We'd advanced the idea of putting out lawn signs in the alleyway with traffic calming messages. This requires the agreement of people on your block. Not much enthusiasm was registered for this idea.  If you feel this would be helpful, please ask your neighbors if they are willing to post a sign and we'll get some printed up for your alley.
 
Was a police report filed on the incident that you photographed? If you have the number that would be helpful. Feel free to contact me at any time at 774-5234.  I am copying A.L. Brown who is chair of District Five's Community Planning and Economic Development Committee and Monica Beeman, who you have worked with previously.  Thank you for your concern about safety in our neighborhoods.
 
Leslie McMurray
Executive Director/Organizer

District 5 Planning Council

1014 Payne Avenue

Saint Paul, Minnesota 55101 

d5-director@visi.com

Phone: (651) 774-5234

Fax: (651) 774-9745

www.neighborhoodlink.com/stpaul/payne-phalen

To improve our Payne Phalen District Five neighborhoods by engaging, educating and empowering all residents in our diverse community.

.

-----Original Message-----
From: Scott Renstrom [mailto:Scott.Renstrom@ci.stpaul.mn.us]
Sent: Friday, July 28, 2006 11:28 AM
To: wadding
Cc: Beese, Bruce; Choi, John; Martinez, Bill; McMurray, Leslie
Subject: Re: In need of traffic enforcement in our alleyway.

Dear Mr. Wadding,
 
I've taken the liberty of forwarding all three of your e-mails to our City Attorney's Office for review.  With that in mind, I encourage you to continue working with and through District 5 and the Saint Paul Public Works, and Police Departments on the  steps you've outlined to help resolve the situation in your alley.
 
If you feel that your property was damaged as a result of the City's actions or inactions, please contact our Citizen Service Office at 266-8989 and request a claims form.  Our staff will review your request and act accordingly.
 
If this office can be of further assistance, please don't hesitate to contact us.
 
Respectfully yours,
 
Scott Renstrom
Legislative Aide to Councilmember Bostrom

Very educational and well done aidpage. Thanks!

                                
                                                                                                                           
      The U.S. Constitution is a contract among citizens consenting to give our elected officials authority to protect our liberties. To erode the Fourth Amendment is wiping out the checks and balances that protect American citizens. I believe the Justice Department needed restraint long before the Patriot Act became law. The F.B.I. and other law enforcement agencies are nearly untouchable, but not in a glamorous “Elliot Ness” fashion. The Senate is tailoring the Constitution to suit the needs of law enforcement, which resembles the old Soviet-bloc ideologies. Therefore, conscientious citizens must be familiar with the legal limits of police authority when they conduct searches.
      The police can violate the suspect’s rights when minor offenses become blown out of context. Citizens notice this erosion when the police behave badly while conducting “incidental" warrantless searches. Now, the concern is about law enforcement issuing warrants without probable cause. After September 11, 2001, Americans can expect greater unwarranted intrusion into their privacy than ever before. From here, people should safeguard the--no warrants shall issue-- part of the Constitutions that guarantees liberties to its citizens. For example, the Minnesota Constitution gives its citizens additional privacy protection in automobiles and personal property.
       Ignorance of the law is no excuse when the police educate people with intensifying, intrusions into their personal property and home. The Fourth Amendment has drawn a firm line at the entrance to the house for warrantless police entries. The police cannot enter absent an emergency chase of a suspect, the suspect destroying property or evidence or endangering life.    An officer's entry into private places, private business property, hotel rooms, or homes, will form a Fourth Amendment search.   
       For the reasonableness of intrusions under the Fourth Amendment, the Court expressed a preference for searching under judicial issued warrants. In Katz v. United States, 389 U.S. 347, 357 (1967) the Constitution requires the deliberate, neutral judgment of an officer interposing on the citizens searches conducted without earlier approval by a judge or magistrate, are unreasonable under the Fourth Amendment-- subject to a few specifically settled and well-delineated exceptions.
      One exception was the Supreme Court’s rally against the exclusionary rule and reasonable suspicion laws. Recently the Court held that there is no "special need" for a warrantless search of a home for a person on probation.   The legality of these searches balances between the public interest and the individual’s privacy. The Court expanded the circumstances of reasonable suspicion to hold where people live can color innocent conduct with suspicion. People living near a border town or socio-economic strained neighborhoods can draw the officer’s suspicion to use the totality-of-the-circumstances present. 
       I will argue the new anticrime laws evade the Bill of Rights protections using the “good faith doctrine,” which Minnesota law does not permit law enforcement to use the good faith exception. The “good faith doctrine” is an exception to the exclusionary rule. Evidence recovered from unsupported facts under a “good faith” warrant is admissible if the police relied on a valid search warrant.   Law enforcement officers must show probable cause to the judge issuing the warrants. Probable cause is a reasonable belief of finding seizable items by balancing individual privacy against public policy.   Without the “plain view doctrine” or firsthand knowledge from informers, or another, is lacking facts for a warrant. Officers cannot excuse their behavior on the “good faith doctrine” for erasing their Fourth Amendment infringements.

      However, there is one exception to the good faith doctrine that people should be aware of is the "inevitable discovery doctrine." Inevitable discovery protects law enforcement from violating the good faith rule if they can show the confiscated evidence would have been found at a later time if they followed the proper procedure.

     The Supreme Court recognizes the individual’s consent to a search as one of the warrant requirement exceptions.   Police do not need probable cause or, articulable suspicion for searching the person or their belongings when they give consent to a search. Consenting is the product of a person's exercise of free will and often a common mistake. Police rely on the person’s fear and ignorance of their right to deny the search, limit the search, and withdraw their consent at any time, which Minnesota law mimics Matlock, 415 U.S. 164 (1974). The absence of suspicious criminal activity suppresses any evidence gained from circumstantial consent-to-search cases. Police entering by consent must prove the person consenting controls the property and the scope of the search performed.
       In assessing voluntariness, the courts look at the totality-of-circumstances surrounding the consent and examining the facts for pressure.   The courts will discount consent as voluntary when the police assert their official status of rights and the occupier yields.   Knowledge of the right to refuse consent is nonessential to voluntariness. Therefore, as a Fourth Amendment version of Miranda warnings the police do not need to tell the suspect of his or her rights before a search.   The latter action could lead a person to give consent to the police even though they ignored to follow criminal and civil procedures.  The Supreme Court holds consent as an unknowingly lawful waiver when the police use noncoercive deceptions for seeking consent. Getting consent by deception is a useful law enforcement tool for gathering facts when lacking probable cause. 
       However, some courts have requirements that officers must have reasonable suspicion of anyone engaging in criminal conduct before entering by deception.  Police officers using noncoercive deception must document the supporting factual circumstances of consent given, the area searched, and the technique used. The courts routinely accept deceptive techniques used by officers to gain consent, which any evidence gained is admissible.   On the other hand, consent gotten by misleading information voids the search,  and any infringements by police asserting a warrantless authority considers evidence inadmissible.   Consent to a search is moot when the police are aware of recoverable contraband or evidence of a crime.
      The “plain view doctrine” rule seizes objects falling within the officer’s physical senses when the officer has the legal right to be there. Limiting the “plain view doctrine,” the officers must believe that those items detected are contraband before seizing them. For example, seizing evidence from a protective sweep of a home or viewing contraband in the car. If the officer needs a warrant to search and seize the legitimate observation, it will provide grounds therefore.   Raising the officer’s senses with developing technology causes protests against unwarranted intrusions by infrared and contraband detection sensors. For example, some law enforcement agencies are using the P.A.S. III “Sniffer,” (Passive Alcohol Sensor), which looks like a flashlight and detects alcohol in the environmental air near the suspect. Therefore, the electronic “Sniffer” detecting alcohol allows the Officer to gain evidence under the "plain view doctrine.” 
      The American Civil Liberties Union protested that police are using the “Sniffer” to invade people’s privacy and Fourth Amendment rights. Protesters say it violates the "plain sight doctrine" because the officers are not using their own senses--but an electronic device. The fear of detecting windshield fluid and other innocent items will spark a probable cause to a search. The A.C.L.U. reminds us the "sensory impressions” gained by an officer is admissible evidence. However, the ruling in United States v. Kyllo, 121 S.Ct. 2038 (2001) could overturn the use of the P.A.S. “Sniffer” and other detection devices.
       On June 11, 2001, Justice Scalia delivered the 5-4 reversed decision in Kyllo against the use of thermal imaging cameras intruding on people’s privacy. The Court allows warrantless infrared searches if the surveillance equipment was equally available to the public. Therefore, looking down from an airplane is permissible, but eavesdropping is not. 
        I believe the Supreme Court obviously dislikes the exclusionary rule and fears the Constitution will become a basis of tort liability under 42 U.S.C. § 1983 with matters best left to the states. Thus, evidence got through an illegal arrest, detainment, or confessions are inadmissible in the court of law. People need to learn how to protect themselves from coercive and overzealous law enforcement practices by using the exclusionary rule under the Fourth Amendment.
        As described by one historian, abuses and misuses of search warrants were prevalent. By 1914, in Weeks v. United States, the prosecutors excluded all evidence got by an officer violating the Fourth Amendment. In 1920, the Court extended this rule to exclude both; illegal evidence found, but also information gained from the illegal search. Then, in 1961 in Mapp v. Ohio, illegally gained evidence violates the Constitution and it is inadmissible in court. Thus, evidence got through an illegal arrest, detainment, or confessions are inadmissible in the court of law. The exclusionary rule under the Fourth Amendment protects individuals of coercive and overzealous practices of law enforcement agencies.
      Proposing the 14th Amend. Section 5 by Justices Souter and O’Connor in appointing a Federal Ombudsman for resolving citizen complaints of police infringement. The Ombudsman will exercise independent judicial powers restoring the Privileges and Immunities Clause back into the Constitutional intent.   Citizens are not pressuring the Judiciary and Congress for its accountability about ineffective sanctions against the law enforcement agencies. Preserving the American culture is falling into second place in the chase against the ghosts of the government. Until the section-5 provision of the Fourteenth Amendment clause passes, citizens must become aware and politically active. Americans must rely on the law readily available to them in the law libraries, personal experiences, and the Internet. The two web sites that I have found below, will provide police contact survival information for the individual.
 (1) http://www.hyperreal.org/misconduct/rights.htm “Your rights and know how to use them” – [a “mirror image” of information of the public policing the police]; and (2) http://www.flexyourrights.org/faq.html#01  -- [A police contact survival guide]. 

In the spring of 2006, the US Supreme Court ruled that police do not need to perform the standard of "knock notice" when serving warrants. In other words, police can just break down your door and enter when serving warrants. God help us all!

  Payton v. New York, 445 U.S. 573, 590 (1980); Steagald v. United States, 451 U.S. 204, 212 (1981); Mincey v. Arizona, 437 U.S. 385 (1978).

  Minnesota v. Olsen, 110 S. Ct. 1687 (1990).

  United States v. Knights, 534 U.S. 112 (2001).

  United States v. Arvizu, 122 S. Ct. 744 (2002).

  United States v. Leon, 468 U.S. 897, 104 S.Ct. 3405 (1984).

  Beck v. Ohio, 379 U.S. 89, 85 S.Ct. 223 (1964).

  United States v. Matlock, 415 U.S. 164 (1974).

  Bumper v. North Carolina, 391 U.S. 543 (1968); Johnson v. United States, 333 U.S. 10, 13 (1948).

  Amos v. United States, 255 U.S. 313 (1921); Johnson, 333 U.S. 10 (1948); Bumper, 391 U.S. 543 (1968).

  Schneckloth v. Bustamonte, 412 U.S. 218, 231-33 (1973).

  Amos, 255 U.S. 313 (1921); Zap v. United States, 328 U.S. 624 (1946); and Schneckloth, 412 U.S. 218 (1973).

  United States v. Maldonado Garcia, 23 C.M.R. 513 (1957) the U.S. District Court for Puerto Rico stated:
“[O]fficers cannot use a ruse to gain access unless they have more than conjecture that criminal activity is underway. To hold otherwise would be to give police a blanket license to enter homes randomly in the hope of uncovering incriminating evidence and information."  
  Lewis v. U.S., 385 U.S. 206, 87 S. Ct. 424, 17 L. Ed.2d 312 (1966).

  People v. Roth, 80 N.Y.2d 239 (1977); McCall v. People, 623 P.2d 397 (Colo. 1981).

  68 Am. Jur.2d Searches and Seizures § 145-- Consent Obtained Through Deception Or Trickery (May 2004).

  Maryland v. Buie, 494 U.S. 325 (1990).

  Join Together. Org., “New Gadget Sniffs Out Drunken Drivers.” 08/15/2000. Boston University of Public Health http://www.jointogether.org/sa/news/summaries/reader/0%2C1030%2C264087%2C00.html (1/22/05).

  The distinction that “off-the-wall observations” could be permissible while “through the wall” surveillance could be impermissible would lead to a trap as technology advances. The court held that any other approach, “[w]ould leave the homeowner at the mercy of advancing technology-including imaging technology that could discern all human activity in the home…where, as here, the Government uses a device that is not in general public use, to explore details of the home that would previously have been unknowable without physical intrusion, the surveillance is a ‘search’ and is presumptively unreasonable without a warrant.”