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Diebold Disks May Have Been For Testers 182

opencity writes "The Washington Post reports on the two Diebold source disks that were anonymously sent to a Maryland election official this past week. Further investigation has lead individuals involved to believe the disks came from a security check demanded by the Maryland legislature sometime in 2003." From the article: "Critics of electronic voting said the most recent incident in Maryland casts doubt on Lamone's claim that Maryland has the nation's most secure voting system. "There now may be numerous copies of the Diebold software floating around in unauthorized hands," said Linda Schade, co-founder of TrueVoteMD, which has pressed for a system that provides a verifiable paper record of each vote."

Comment Re:What ever happened to the Constitution? (Score 4, Insightful) 421

There is also frequently a connection to drug use, thus the fact that the vehicle was speeding is automatically sufficient cause to search a vehicle for drugs, even if only to add the potential for DWI charges.

Nope.

The controlling legal authority is the Fourth/Fourteenth Amendment, mandating freedom from unreasonable search. This is best viewed in the light of Katz v. United States, in which the Nine Worthies declared that searches into any area required justification, when a person had a reasonable expectation of privacy.

Your car isn't the same as your home, with the same protection. It is, however, more private than not. A search by a police officer may not require a warrant, but it does require some sort of legal justification, such as probable cause (facts and circumstances which would lead a reasonable officer to believe that evidence of a crime is present)

Speeding is evidence of speeding. It could possibly be evidence of drug/alcohol impairment, depending upon what else is going on. It could be a piece of circumstantial evidence for any number of things. It does not, however, automatically justify a search.

And I never charge DUI/DUID off of a vehicle search. I charge DUI/DUID off of my observations of the driver's manual dexterity and ability to focus and concentrate, and my observations of the vehicle in motion, and the alcohol/drug test justified by said observations. The mere presence of drugs does not imply the consumption of said drugs strongly enough to charge DUI, absent other evidence.

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