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I know next to nothing about Eliot Spitzer. Until this week, I didn’t even know he was the governor of New York, nor did I care. All I know about him I found out in the last week from news releases and opinion articles about his follies with some prostitute and his subsequent capture by the morality brigade. I must say that the moment the news broke I had mixed feelings about the whole episode. On the one hand I thought, “So what? He’s a politician. He deserves it. We all know they’re all corrupt anyway. Just look at the Deborah Jeane Palfrey case.” Funny how we don’t hear much about that anymore. Then I thought, on the other hand, “I wonder why him? I wonder what is the real reason they decided to bust this guy.”Well, to be honest, Eliot Spitzer’s misfortunes don’t affect my life much. He’s more of a problem for the people of the state of New York. Still, I have been doing a lot of thinking about it this week. It has weighed somewhat heavily on my mind. Now, since I have to work for a living unlike some people who are governors, and since I’ve got familial and other obligations to take care of, I find it hard to always keep up on news. I’ve heard things and I’m uncertain as to all the facts. What follows is my opinion to the best of my understanding of the situation, a situation which I find to be sad, convoluted and perhaps a bit conspiratorial.Let me first say this. Eliot Spitzer is a damn lucky man. I wish I had an extra $5000 dollars laying around that I could just give to some woman for sex. That’s two and a half months take home pay for me. If I were to pay that much to get laid, I’d have to go without food for two months. I have a little extra around the middle, but not that much. I would love to be able to afford such luxuries. No, like most men, and since my ex and I have separated, I have to try to win a woman over with what’s left of my good looks and my charm. Things are a bit rough for me. I have to get up the nerve to ask them out on a date, then I have to take them to dinner, or a movie, or bowling, or somewhere else that I guess they might like or find nice. I have to talk to them, listen to them, get to know them, tell them about myself, and then if we feel comfortable enough with each other some sparks may fly. Without a doubt, the prostitute thing would be a lot simpler, but I guess that’s just not my cup of tea. Even if I had the extra $5000 lying around the house, I doubt I’d spend it on a prostitute. Then again, who am I to judge? I’m not a super busy state governor with loads of pressure on me running around all over the place with hardly the time to stop in and see my beautiful wife.Now, don’t get me wrong. I’m definitely no saint. I’ve done things I deeply regret. I am a human being and with that I get all the frailties, failings and imperfections that come with being a human being. Eliot Spitzer is no different. Yet he became elevated to a position of power. He was put into a position of trust to serve the people and so it was that people believe he is somehow better than human. So what if he had a prostitute service him? He’s a man, a powerful man, with urges that apparently weren’t be satisfied at home, and he simply paid for a service. It was just a simple business transaction. There should be nothing illegal about two consenting adults exchanging money for a service. It is a crime which, much like gambling and the consumption of marijuana, involves no victims, only people consensually agreeing to interact with one another or deciding what they want to put in their bodies. It is a crime simply because some people find it morally objectionable and feel they should be able to force their sense of morality on the rest of us.It is, however, my understanding that Eliot Spitzer used to prosecute prostitution rings. In fact, I understand he used to prosecute such cases with much gusto and malicious zeal. I have no idea how many lives have been ruined because of his prosecution of such cases, but I imagine quite a few. This is where the real crime occurs, in my opinion, the crime of being hypocritical. Do as I say and not as I do is simply not a valid philosophy. Here is a man who could have used his position of power in a more principled manner. He could have refused to prosecute prostitution cases. He could have lobbied to make prostitution legal. He could have used his position to fight against bad law and to try to legalize crimes where there are no victims. Instead he decided to use the excuse that he was just doing his job to prosecute these crimes and destroy lives. It’s difficult to feel pity for such a man when he decides to break the very laws he so vehemently defended no matter what conspiratorial theories might be suggested as to why he was busted.I have the feeling that prostitution was the least of Eliot Spitzer’s transgressions. He was busted because bank laws that shouldn’t be on the books caught some “strange” transactions taking place and alerted the government thugs to investigate. This could happen to anyone with enough money. This could be used by anyone with power and a political axe to grind, but remember, everything flows downhill.The spy mentality that is pervasive throughout our society is out of hand. The artificial fear inundating the American populace is unhealthy. So long as police and prosecutors continue to use the excuse of “just doing their job” to enforce bad laws everyone will continue to be open to retribution. So long as we continue to elect representatives and government officials because of their party rather than their ethics and principles, we will continue to put in power those who will pass bad, unconstitutional laws. It’s good that Eliot Spitzer has been taken down. Perhaps they can start going through Ms. Palfrey’s client list and we can start replacing most of the federal government. Perhaps then people will start to realize that humans are fallible and the state should stop trying to legislate human morality.

My life was going in the wrong direction. My girlfriend, the mother of my son, left me because of my gambling habit. I lost my job as a manager of a furniture store because I was irresponsible. I turned to alcohol and drugs, which just got me into more trouble – I spent two months in jail because of a

marijuana conviction. I had to beg my parents for help, and had to move into their basement while working odd jobs to support myself and my child.

It wasn’t always like this. My life was once full of potential. I graduated at the top of my class in high school, and finished college with a 3.85 GPA where I was a DJ for two radio shows. I found the love of my life there, and soon we had a son and moved in together.

I got a good paying job right away running a furniture warehouse. After a year, I was promoted and I felt like I could do nothing wrong. Suddenly, everything that could go wrong, did go wrong. Next thing I knew, I was 28 years old with a criminal record, living with my parents and paying child support. I needed something to help turn my life around, and I needed it quick.

My probation officer suggested that maybe I try religion. I was never very spiritual, but I figured this might be the time to introduce it into my life. So I downloaded a spiritual self help audio book online, and listened to it twice a day.

I needed a miracle, and the audio book provided me with one. I slowly began to emerge from the holes that I had dug myself into over the past few years. With my new faith, I was able to clear the negativity from my life and become a better person. It has motivated me to always strive for more in life, and although I still have a ways to go, my audio book has provided me with a clear spiritual path to follow!

(Note: This article is not intended to be legal advice and is merely editorial in substance. Should you have questions concerning this subject you should consult your attorney.)
While attending law school I had a professor in Criminal Procedure studies that always referred to the “Human head in the trunk”. The human head in the trunk was actually representative of the obvious illegal article one may have in their trunk when pulled over by the police for any type of stop when you are in a vehicle.
Although the current Supreme Court has significantly broadened the search powers of authorities, we as citizens, still have rights under the Fourth Amendment to the Constitution to protect us. Following are some simple advisory examples that if followed could extensively benefit your attorney should you find yourself in conflict with the law.
John and Dave are driving down the road with the proverbial “Human head in the trunk” of Dave’s car when the flashing lights of a police cruiser appear in the rear view mirror. Their hearts begin to race and their palms become sweaty. Questions of what to do and scenarios of terrible outcomes are flooding their minds. After Dave pulls over, the officer approaches the vehicle and informs the driver that a tail light is out and he is going to issue a citation for a non-moving violation. John and Dave breathe a little easier. Then out of the blue the officer asks if they mind opening their trunk. John is thinking “no way” but Dave answers, “Sure officer, I have nothing to hide”, because he believes that by being cooperative the officer is more likely to just let him go or not search at all.
Needless to say upon opening the trunk the officer spotted the “Human head” and John and Dave were arrested. Their attorney had no basis to object to the search at trial because Dave had consented to the search. Always deny the police a consent search. Remember that 100% of the time if the police have enough reason to search they will get the warrant and if they don’t have the necessary probable cause then merely refusing to allow the search is not enough in itself to create probable cause. Stay calm and refuse the search by simply stating you have a 4th amendment right not to be searched. At least if they do obtain a warrant and conduct the search your attorney may have some legal basis to get the evidence excluded. Once you consent you gave the police a free pass.
So what should you do if you truly do not have anything to hide? Still refuse the search. I have always advised my friends and family to refuse the search simply because we never know everything about our “friends and acquaintances”. In example again John and Dave are driving down the road with nothing in the trunk. They are on the way to a church youth function. Dave has known John for years but what Dave does not know is that John has been under a lot of stress lately. His girlfriend broke up with him, his brother went to jail for drug offenses a month ago and his parents are getting a divorce. Just before Dave picked him up John found a bag of pot in his brother’s room and decided he might try it so he put it in his jacket pocket. Again Dave gets pulled over for a bad tail light. This time John panics and tosses the pot under the seat of the car. Dave, not knowing there was contraband in the car and believing the officer may not write him a ticket lets the police search the vehicle. When they find the pot, John is terrified and denies ever seeing the pot. As owner of the car, Dave is arrested. The police never had probable cause and therefore could only search the car with consent of the owner.
One can normally assume that you should deny a search. Remember, if the police have the evidence they would have already arrested you and if they’re asking, they don’t yet have probable cause.

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