Hogwash Volume 18

October 2013
Welcome to Hogwash!


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Search and Seizure – DNA Samples

In the ever-evolving theory of law that deals with scientific advances in evidence gathering and the interface of that effort with the rights of persons suspected with crimes, the question "What is legitimate for a state to do to take and collect DNA samples from a suspect, without obtaining either a warrant or consent?" is critical.

The Supreme Court recently ruled that a state's practice of taking evidence from the body of a criminal suspect charged with a serious crime is NOT an "unreasonable search" in violation of the Fourth Amendment. The Court, in a five to four decision in the case of Maryland v King, decided June 3, 2013, written by Justice Kennedy, reversed a contrary decision from Maryland's highest court, holding that "When officers make an arrest supported by probable cause to hold (a person) for a serious offense and bring the suspect to the station to be detained in custody, taking and analyzing a cheek swab of the arrestee's DNA is, like fingerprinting and photographing, a legitimate police booking procedure that is reasonable under the Fourth Amendment."

Four dissenters, led by Justice Scalia, found the contention of the majority "that DNA is being taken, not to solve crimes, but to identify those in the State's custody, taxes the credulity of the credulous." Citing precedent back to the founding fathers, the dissenters found no merit in the majority's position. The dissenters rejected the majority's assertion that the practice is legitimate solely because King was an arrestee, and arrestees may be validly searched incident to their arrest. The dissenters found that the majority's position could not really rest on that principle, "and for good reason: The objects of a search incident to arrest must be either (1) for weapons or evidence that might easily be destroyed, or (2) for evidence relevant to the crime of arrest. DNA from the body of a suspect does not meet either object."

The dissenters were particularly troubled by the anticipated use of the DNA information as expressed by the Governor of Maryland to "bolster our efforts to resolve open investigations and bring them to a resolution," a purpose well outside of the legitimate purpose of a "search incident to an arrest."

What do you think? Is the use of DNA evidence collected from a suspect "to resolve open investigations and bring them to a resolution" a "reasonable search" consistent with the Fourth Amendment? Or, is it just another step in the whittling away of the rights of each of us, in order to achieve a higher goal, that "justifies the means?"

Noah Webster

Father of the American Dictionary

The leading figure in the development of a truly American form of English was born on October 16, 1758, in Hartford, Connecticut. This year we celebrate the 255th anniversary of the birth of Noah Webster, whose last name is today synonymous with the most basic resource for anyone using the written word – the dictionary.

Webster came of age during the American Revolution and he was known as a fervent revolutionary. He strongly believed in the importance of developing cultural independence of the United States, separate from England and Europe. To do so, he considered it important to memorialize in a single volume a distinctive American language with its own idiom, pronunciation, and style.

Just three years prior to Webster's birth, in 1755, Samuel Johnson had published his Dictionary of the English Language. Johnson's dictionary is one of the most famous in history. It took just over eight years to compile, required six helpers, and listed 40,000 words. It was a work commissioned by a group of London book-sellers who hope that the work would help stabilize the rules governing the English language.

However, Noah Webster believed Johnson's dictionary failed to address the unique aspects of the Americans and our language. Just over 50 years after Johnson's work debuted, he published "A Compendious Dictionary of the English Language," the first truly American dictionary. Once completed, Webster then began a 22 year journey, learning 26 languages, including Anglo-Saxon and Sanskrit, in order to research the origins of American "English." In 1828 he published his Magnum Opus, An American Dictionary of the English Language, a dictionary with 70,000 entries that was felt by many to have surpassed that of Samuel Johnson. Within it one can find such distinctively American words, such as skunk, hickory, and chowder.

Most of us who grew up in the 20th century have used "Merriam Webster" dictionaries. Brothers George and Charles Merriam were printers and booksellers based in Springfield, Massachusetts. After Noah Webster's death in 1843, they bought from his heirs the unsold copies of the 1841 edition of An American Dictionary of the English Language together with the rights to create revised editions of that work.

Today the Merriam Webster dictionaries remain on many library, school and home shelves. They remain a better reference than simply using "spell check" to determine if your use and spelling are correct.

Halloween -Where did it come from?

Samhain, the Festival of the Dead

With the closing on the month of October, our Celtic forebears (isn't everyone Irish in their hearts) celebrated the end of the year with Samhain, signifying the end of the season of harvest and ushering in the "darker half" of the year, the season of winter.

Samhain was a festival of the dead, a time when the "door" to another world was opened, if only a crack, just enough for souls and other creatures from the underworld – goblins, ghosts and the like, to enter our world if only for the night. It was a time of feasts at which a place was set at the table for the souls of the dead.

Cognizant of the potential for other uninvited harmful "guests," the living were careful to protect themselves through the use of disguises. This led to extensive use of costumes at Samhain, especially for children, of all ages.

Who among us does not want to let out our "hidden child?".

Jack-O-Lanterns Originate in Irish Folktales

According to the History Channel, the custom of carved pumpkin Jack-O-Lanterns arose from an Irish folktale about a man named Stingy Jack. Wikipedia says Stingy Jack was "perhaps also known as Jack the Smith or Drunk Jack, a mythical character apparently associated with All Hallows Eve." According to legend, Stingy Jack was so bad that neither heaven nor the devil would let him in, leaving him to roam the world carrying a lantern; hence Jack of the Lantern. You can find the Legend of Stingy Jack with a search on Google.

Whether or not you believe the legend of Stingy Jack, many superstitious people used Jack-O-Lanterns to protect their home against the undead and ward away vampires. According to legend, the Jack -O-Lantern's light made it possible to identify vampires. The superstitious believed that once the vampires identity was known, they would then give up their hunt for you.

The only known shield to protect one from Jack and his many disguised minions on October 31 is plenty of high quality candy. Be prepared; I for one recommend chocolate. How about you?

Issue: 18
In This Issue
Search and Seizure – DNA Samples
Noah Webster- Father of the American Dictionary
Halloween -Where did it come from?
Be Cautious Who You Let Know You're Gone
Halloween Humor
Aviation History Month
Karen's At Home Cookin'
Gary's in the Kitchen – and Koda's Going to Love It

Be Cautious Who You Let Know You're Gone

If you have ever used the Microsoft Out-of-Office feature in the past to let your contacts know you are out of town you may want to rethink that courtesy. According to the Lawyers Guide to Microsoft Outlook, this may be a "dubious proposition". The well-intended way of letting people know you are away may fall short in three categories:

1. Spammers – if spammers are able to get a legitimate reply from an out-of-office message your information can be sold to an "army" of other spammers.

2. Potential criminals can use this information for criminal activity. It's not difficult to find out personal information such as your name and home address. With the out-of-office message you're giving them a specific time frame to conduct their criminal activities.

3. You may not want certain people to know that you're gone. Let your assistant make the decision about who should be privy to that information and who may not need to know what you're up to.

Just as you would at home, proceed with caution….

Halloween Humor

What do you call someone who puts poison in a person's corn flakes?

A cereal killer.

Why don't skeletons like parties?

They have no body to dance with.

What's the problem with twin witches?

You never know which witch is which.

What's a haunted chicken? A poultry-geist.

How are vampires like false teeth?

They both come out at night.

Why don't mummies take vacations?

They're afraid they'll relax and unwind.

There's one thing to be remembered on Halloween;

"Today you can be Anything you imagine."

~ Anonymous

Aviation History Month

November brings us the celebration of Aviation History Month. It's hard to imagine a world where you couldn't travel long distances in just hours rather than the days or weeks similar journeys would take by land or sea and planes – yet plane flight and especially commercial flight has been part of our history for only a little over 100 years.

One of the greatest aviation races in history took place in 1933. That was the year the MacRobertson air race was announced. It was organized by the Royal Aero Club, with $75,000 in prize money posted by Sir MacPherson Robertson, the owner of the MacRobertson confectionery company in Australia.

The race would run a course from London to Melbourne, starting on October 20, 1934. The de Havilland company, which had produced the Tiger Moth and Gipsy Moth biplanes, made it known that it would design and build a plane specially for the race, if it received three orders, at a price of 5,000 (about $340,000 present value). Three orders were received and the DH.88 was designed and built, with testing of the final craft commencing a mere six weeks before the race.

All three DH88s, "Black Magic," G-ACSR, and "Grosvenor House," (in striking red & white livery), entered the race. Grosvenor House won the race, with a recorded flight time of 71 hours and set other records thereafter. The DH.88 was a wooden frame, with plywood covering, and fabric on the wing skeletons. American planes raced as well, in the form of the all-metal Douglas DC-2 and the Boeing 247-D. Both American planes finished less than a day behind the DH.88 that took the trophy.

de Havilland suggested a high-speed bomber version of the DH.88 to the RAF but it was rejected (reportedly in 1935). During World War II, though, many of the design elements of the DH88 were used to create one of the most important planes of the war, the de Havilland DH.98 "Mosquito," a twin-engine, fast wooden warbird, which was used as a fast bomber and fighter.

The de Havilland Company would go on to produce the world's first production commercial jet airliner, the DH.106 Comet, in 1951.

The de Havilland company created some of the most beautiful planes to ever take to the sky, and certainly holds an important place in aviation history.

What will happen to your real estate when you die?

Have you made someone a joint owner, to avoid probate (this is almost never a good idea . . . )? Are you the person who has been made joint in title? Have questions? What happens to the real estate tax "cap?"
FREE 30-minute consultation if you mention this Hogwash! offer and make an appointment during the month of November.

Offer Expires: November 31, 2013

Karen's At Home Cookin'

I've done my lion's share for our household this year freezing berries and canning fruits and vegetables. Now if only I could get my hands on some wild game! My husband spent two weeks bow hunting, but no deer. (I am still hopeful). He did, however, bring home lots of hazelnuts which I have been having great fun experimenting with. There are many delicious uses for this humble nut, besides Nutella and Truffles! Keep enjoying the harvest!

Grilled Portobello Salad with Hazelnut Pesto

Hazelnut Pesto

1 cup fresh flat-leaf parsley leaves

1/3 cup chopped toasted hazelnuts

3 tablespoons grated Parmesan

2 cloves garlic

1/2 cup extra-virgin olive oil

Kosher salt and freshly ground pepper

Place the parsley, hazelnuts, Parmesan and garlic in a food processor and process until coarsely chopped. With the motor running, slowly add the olive oil and process until combined.

4 large portobello mushrooms, stems removed

1/2 cup olive oil

Kosher salt and freshly ground pepper

2 tablespoons sherry vinegar

1 teaspoon Dijon mustard

4 ounces baby arugula

1 small head fennel, bulb thinly sliced, fronds reserved for garnish

Heat a charcoal or gas grill to medium-high for direct and indirect grilling. Brush the mushrooms on both sides with 1/4 of the cup olive oil and season with salt and pepper. Place the mushrooms on a baking sheet and roast until cooked through, approximately 10 minutes on the grill. Remove to a baking sheet and loosely tent, reserving the liquid that the mushrooms have exuded.

Whisk together the reserved mushroom liquid, the sherry vinegar, mustard, remaining olive oil and season with salt and pepper.

Slice the mushrooms into 1/2-inch thick slices and place in a large bowl with the arugula, fennel, and some salt and pepper. Drizzle some of the vinaigrette down the sides of the bowl and toss the salad to combine. Spoon a pool of pesto on one side of a large platter. Mound the salad on the other side, and garnish everything with fennel fronds.

If you have any pesto leftover, add more olive oil and rub it on fish or chicken before grilling. It is also great in a cold pasta salad.

Roasted Hazelnuts with Thyme

2 cups hazelnuts (10 ounces)

2 tablespoons fresh thyme leaves

2 tablespoons extra-virgin olive oil

Coarse sea salt such

Preheat oven to 450°F with rack in middle.

Roast nuts in 1 layer in a shallow baking pan in oven until nuts have a toasted aroma and skins are very dark, about 8 minutes. Remove from oven and let stand 30 minutes, then, if desired, rub in a kitchen towel to remove any loose skins.

Heat nuts with thyme in oil in a large heavy skillet over medium heat, shaking skillet, just until hot. Transfer to a bowl and sprinkle with sea salt. Serve with a semi-soft cheese of your choice and apple and pear slices. These are also wonderful chopped and added to squash or pumpkin soup before serving.

* Hazelnuts are rich in protein and unsaturated fat and contain significant amounts of thiamine and vitamin B6, as well as smaller amounts of other B vitamins. They are also something people ate 9,000 years ago . . . see Wikipedia for more fascinating stories about the wonderful Hazelnut.

Gary's in the Kitchen – and Koda's Going to Love It.


"Cook for my dog?!?! Are you crazy?" You might be thinking that, but there are big benefits for your canine friend . . . read on.

Benefits of a Home-Cooked Meal for Your Dog:

  1. You know exactly what ingredients you are giving to your friend.
  2. You know only quality ingredients are part of the meal
  3. Avoidance of grains (almost all grains are allergens, and unnatural for dogs)
  4. Addition of ingredients especially for skin and coat conditions
  5. Improvement of physical condition
  6. Reduction or elimination of many dog health conditions (read, lower veterinary bills!)
  7. Promotion of canine dental health;
  8. Strengthening of canine immune system
  9. Some friends have even reported a decrease or elimination of "doggy" odor from the friend when fed a clean diet.

Homemade recipes for dogs are created with both cooked and raw whole food ingredients, using meat (muscle meat and organ meat) with cooked or pureed whole vegetables and a moist carrier (yogurt, cottage cheese, kefir, tomato sauce) and a multivitamin.

Think about it: grains and fillers are very high on the ingredients list of most dog foods, but when was the last time you saw a dog chowing down in a wheat field? One authority ( www.K9Instinct.com) promotes a home-cooked diet as second only to a natural, raw diet, for dogs' health.

OK, so if I am convinced, what do I do? I have no idea what, or how, to cook for my dog."

Here's a basic recipe, for "Beef and Sweet Vegetables" from www.K9Instinct.com:

Beef and Sweet Vegetables


550g boiled beef liver

1 cup unsweetened applesauce

1 cup of boiled sweet potato

1/2 cup of boiled green beans

1/2 cup of boiled peas

1/2 cup of boiled carrots

1/4 cup of 2% fat cottage cheese

2 tablespoons of extra virgin olive oil

1 1/2 scoops of Nupro Gold Supplement**


Chop the beef liver into small pieces and boil until cooked. (Do not overcook!)

Boil sweet potato, green beans, peas and carrots until tender.

In a large bowl add the sweet potato, green beans, peas, carrots, applesauce, cottage cheese and extra virgin olive oil. Mash it all together and mix well.

Add the boiled beef liver to the mash, mix it in.

When the food cools, add 1 1/2 scoops of the Nupro Gold supplement.


**A multivitamin supplement is essential, according to K9 Instinct, to replace any essential nutrients lost during the cooking process.

Most people who cook for their dog prepare multiple meals at once, and then freeze some portions for use in subsequent days.

November 1 is National Cook for Your Pets Day – a great time to try cooking a meal for your four legged family member.

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Rosi & Gardner, P.C.
735 S. Garfield Avenue
Suite 202
Traverse City, Michigan 49686

Philip R. Rosi

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Gary Allen Gardner
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