California Court of Appeals Hears Facebook Privacy Case

Lonnie Wong
FOX40 News
6:30 p.m. PDT, March 23, 2012


SACRAMENTO—
Attorneys made arguments before a three judge panel today in Sacramento on whether postings on Facebook are constitutionally protected.

The case involves a jury foreman on a case in which five men were convicted in a gang beating. That juror posted observations during jury deliberations, which were seen by another juror on the trial that he befriended on Facebook.

During a court hearing in which the juror was given immunity, he admitted to the posts, one of which he said the proceedings were "boring."

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Facebook refused to comply with a subpoena seeking his posts, and another court ruled that a subpoena of the information from the juror's attorney was “overbroad." The trial judge then ordered the juror himself to turn over the posts.

The juror's attorney, FOX40 legal analyst Ken Rosenfeld, argued the Stored Communications Act protects online communications on social media sites like Facebook. He also asserted that the request by the judge was a violation of First and Fourth Amendment rights to free speech and privacy.

When Rosenfeld was asked by one justice if the federal law even applied because Facebook was not forced to turn over the material, he contended that the law applies both to Facebook and the individual using it.

"We have to have a fair system in which jurors can feel comfortable knowing that their private lives are not going to be intruded upon in reaching verdicts and making decisions," Rosenfeld told FOX40.

But attorneys for the five men who were convicted say their clients also have a constitutional right to a fair trial. They say the juror disregarded daily instructions not to communicate anything about the case and there was other evidence that he acted to prejudice the decision. Justice Louis Mauro asked if there shouldn't be some balance in the rights of the juror and those of the defendants.

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Mitt Romney: 'I'd vote for RON PAUL'

I just found this KTLA 5 (cbs) Poll

Politics Poll
Who is your pick for the GOP presidential nominee?
Mitt Romney (2334 responses)
53%

Ron Paul (1746 responses)
40%

Rick Santorum (256 responses)
6%

Newt Gingrich (59 responses)
1%

4395 total responses
(Results not scientific)
I am seeing That Ron Paul isn't far from Romney, in fact, Ron will probably win CA outright... that'll come with a huge chunk of delegates.

San Jose meth bust: 750 lbs

A Palo Alto police investigation into stolen iPads has led to one of the largest methamphetamine busts in the country's history, federal investigators said Saturday.

Police and federal agents seized 750 pounds of methamphetamine, with an estimated street value of $34 million, from a San Jose apartment Thursday after Palo Alto investigators spotted the drugs while following up on stolen iPads, according to the U.S. Drug Enforcement Administration.

The bust "is one of the largest we are aware of," DEA Special Agent Casey Rettig said.

Investigators found "boxes and boxes and boxes containing bags and bags and bags of methamphetamine" inside the apartment, Rettig said.

The 750 pounds, or 340 kilograms, of methamphetamine confiscated in San Jose is equal to about 16 percent of all methamphetamine seized across the country last year, according to figures on the U.S. Department of Justice website.

Three people were arrested on state drug violations after the raid on an apartment in the 4400 block of Woods Drive, authorities said. They have not released their identities. Rettig described the investigation as "very fluid" and said "there is definitely the potential for more arrests."

The home is part of the Woods, a subdivision in south San Jose that its website highlights as a "park-like setting of mature trees, formal landscaped gardens, greenbelts and tranquil ponds maintained to award-winning standards."

Palo Alto detectives pursuing the electronics theft conducted a preliminary search of the apartment and saw "a large quantity of methamphetamine," according to the DEA. They then called in help from San Jose police and the Santa Clara County district attorney, who called the DEA.

Investigators believe the home was being used both as a residence and as a laboratory where powdered methamphetamine was converted into a crystal form, also referred to as "ice." Such methamphetamine has an appearance often described as that of broken glass or shattered ice and is ingested by smoking, federal officials said.

Rettig said it was too early in the investigation to link the lab to known drug cartels or trafficking networks, but she indicated that the trend in large methamphetamine busts in Central and Northern California involves ice conversion labs for drugs primarily smuggled in from Mexico.

Last month, the Mexican army seized 15 tons of pure methamphetamine with an estimated U.S. street value of $4 billion. The sheer size of the haul from that raid in western Mexico "could potentially put a huge dent in the supply chain in the U.S," DEA spokesman Rusty Payne said at the time.

Investigators in the San Jose raid also found stolen items that had initially led Palo Alto police there, Rettig said, including iPads.

Chronicle news services and San Francisco Chronicle staff writer Jill Tucker contributed to this report.

John Coté is a San Francisco Chronicle staff writer.

Today I am Stating Publicly, My Candidacy For The Office Of Mayor

Today I am announcing that I will be running for Mayor, In the city of Stockton, California. This will mark my 4th year living in stockton, the All-American City. I fell in Love with this port-side town while I was commuting here from Manteca during my years at Delta College. My First Semester at the school, I was privileged enough to sign up for a psychology class with Dr. Blanchard. She was a fiesty lil-Oriental Lady, who had a dictatorial image about the way she taught that seems almost enriched somehow. Well I learned a lot from her, especially the social life of a socialite. She asked me to be a busboy at a reception she was holding for Dennis Cardoza, A District Representative in the 18th district of California. I agreed to participate, and help set the tables and break them down afterwards. Going to a Congressional Dinner, held by the wealthiest patrons in our surrounding areas. And did they know how to Party. There were Cases of wine from all the local grower's, Corona's, New-York Steaks, Caviar, and the list goes on, it wasn't the nicest event I've partaken in, but definitely the funnest. I met the Congressman on the Casino side of the Boat, where he asked me to join him in playing roulette, and later taught me how to play Craps. What happens in Stockton, Stays in Stockton, Really this was a charity event, so it was all fun and games. This is what got my interest focused on public office, politics, and the key issues that take away from what moral standards we still see today. After soaking up everything around me for the past four years, and not changing my set core values, I believe I am ready to take on these challenges that are still ahead. I decided to run for the office of Mayor this year, because I am fed up with what we are being told. I want accountability from these elected officials that were carelessly taking our Country Joyriding with not a care in the world.

Maine Voter Fraud!!

Quote of the Day

"Obstacles are meant to be overcome, some get stuck, they become discouraged and quit, the rest of us see the obstacles as a fun challenge." Oh Zee - 2012

Photographed Memories

Standing next to Paul Wall at the Palladium in Modesto, CA

This is me between two girls at the Rusty Hook in Manteca, CA

You Tell Me

This was the intro to my Album titled,"ValleyFornia."

"What is the reason for which we have been laid on this planet? Will we ever know the true function of the inapt human being? Maybe we have been placed in an abstract world in which, we are the art. The true holder of this info shall step forward now, and release your voice. It is an art form, that you have created, as well as being the sole possessor of this manageable style. The Animals are in control, and we are their control group. Protectors we may be, but destroyers of civilization we will be remembered."

To download the Audio version; click here

ABC Blatantly Keeps Ron Paul Out of View

Today, I was looking at the ABC 2012 election coverage website, and they show every other candidate but Ron Paul. They are even showing news articles for Herman Cain and Michelle Bachman, But nothing for the guy who is second in the nationwide polls. For Ron Paul this is nothing new, but why would you continue reporting on the people that have already conceded? That would be like filming the Runner that fell, instead of filming the rest of the race. I am asking the MSM to allow Ron Paul to be on national television before he wins the nomination, otherwise all of us watching will know you're lying to us!!! visit this link to see what I am talking about!!

The Daily Quote by Oh Zee

"Knowledge is the use of the thought pattern; to arrive at a conclusion. Wisdom is knowing you came to the right conclusion. If neither pertain to you, then you're lost in the illusion of Reality." - Oh Zee