Posts tagged as:

police

The tests “disproportionately screened out female applicants, resulting in a disparate impact against those applicants.” Officers who are highly fit have more options in a situation where force is required — subduing a suspect without resort to a gun, for example. Still, courts have often gone along with demands to weaken tests and standards. [DoJ press release]

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If you last saw it in the small town of Hamlet, N.C., it might have been impounded by the police on low-level charges and then sold for scrap to junkyards in a series of what appear to be irregular and under-monitored transactions. “In police files were two court orders, signed by a state district court judge, but otherwise left mostly blank. Those pre-signed court orders, which judicial experts say are extremely unusual and do not seem appropriate, appear to have been copied and then used to dispose of at least seven vehicles.” [News and Observer last November via Balko]

More from New York City: “TLC Wrongly Accused Hundreds of Being Illegal Cabbies in Past Year.” And when they accuse, they can and do seize your car, which you may have to go to a lot of trouble to get back. [DNAInfo] Related: “City investigators wrongfully accused a black man of being an illegal taxi driver after they spotted him dropping off his wife at work, believing she was a white livery cab passenger, a lawsuit charges.” [DNAInfo via Alkon]

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  • Cop caught on camera stealing dying motorist’s $3700 and gold crucifix “walked out of courtroom with big smile on face” [Bridgeport; Connecticut Post]
  • Durham, N.C. police officer testifies department would illegally gain access to homes for purposes of search by lying about getting 911 calls [IndyWeek]
  • “California Highway Patrol Seizes Medical Records Of Woman An Officer Was Caught On Tape Beating” [Tim Cushing, TechDirt]
  • Drivers routinely expected to give up otherwise-basic civil liberties in exchange for right to use the roads [Michael Tracey, Vice]
  • Teen sexting prosecutions in Virginia and elsewhere: “We must destroy the children in order to save them” [Radley Balko]
  • Narcotics officers get training credit at tax-funded seminars in how to argue in favor of drug laws [Missouri pro-legalization site via Balko]
  • Back from the ashes: advances in fire and arson forensics cast doubt on earlier convictions [Texas Monthly]

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“…will inevitably be used to protect police and others in power, not…the weak.” [Ken White/Popehat on case of Thomas G. Smith, whose conviction, later overturned, for "disorderly conduct" and "unlawful use of a computerized communication system" was based on an obscenity-filled rant against cops on the Facebook page of the Village of Arena, Wisc. police department]

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  • “Emails show feds asking Florida cops to deceive judges by calling Stingrays ‘confidential sources.’” [Wired]
  • Trial penalty: mortgage fraud defendants in study fared far worse if they insisted on process of law to which they are notionally entitled under Constitution [Wes Oliver at Daniel Fisher's; more on joint Duquesne Law/Pittsburgh Post Gazette study from reporter Rich Lord, first, second]
  • “‘Florida’s Worst Cop’ Finally Convicted of Something, May Be Headed to Jail” [Ed Krayewski, Reason, earlier]
  • “Plans to expand scope of license-plate readers alarm privacy advocates” [Center for Investigative Reporting, earlier here, here, here, here, here] But at least our sensitive personal information will be safe with the government! [Lowering the Bar]
  • “Challenges to ‘shaken baby’ convictions mounting” [Wisconsin State Journal, earlier]
  • A Pavlik Morozov for the Drug War? “Brave” Minnesota 9-year-old hailed for turning in parents on pot rap [Minneapolis Star-Tribune, background on Soviet youth hero]
  • “Police SWAT teams in Massachusetts form private corporations, then claim immunity from disclosure laws” [Radley Balko via @gabrielroth, more from ACLU report on police militarization]

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  • Sad and bad: “House Republicans vote to block Obama’s new pardon attorneys” [MSNBC, Jacob Sullum, my Cato take]
  • Ready for sorghum-patch unrest? More than 100 U.S. Department of Agriculture agents are armed with submachine guns [Matt Welch]
  • “Cop who punched Occupy Wall Street protester gets tax-free disability pension” [New York Daily News, video of punch]
  • “Officials could identify just one [Bronx] prosecutor since 1975 … disciplined in any respect for misbehavior while prosecuting a criminal case.” [City Limits via Radley Balko]
  • Georgia drug raid: flash-bang grenade thrown into crib badly burning toddler [Tim Lynch, PoliceMisconduct.net "Worst of the Month"]
  • New book by Sidney Powell critical of USDOJ explores Ted Stevens, Enron prosecutions, has foreword by Judge Alex Kozinski ["Licensed to Lie": Craig Malisow/Houston Press, Legal Ethics Forum, Amazon]
  • Two times over the legal limit, hmm. Would it help to flash my badge? [Prosecutorial Accountability on state bar discipline against San Francisco deputy d.a.]

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  • As condition of bail, federal magistrate orders arrestee to recant charge of government misconduct [Eugene Volokh]
  • Possible life sentence for pot brownies shows “utterly irrational consequences of pretending drugs weigh more than they do” [Jacob Sullum, Radley Balko] Life sentence for guy who sold LSD: “the prosecutor was high-fiving [the] other attorneys” [Sullum]
  • Do low-crime small towns across America really need MRAP (mine-resistant ambush-protected) armored vehicles and other military gear, thanks to federal programs? [Balko]
  • Minnesota reforms its use of asset forfeiture [Nick Sibilla, FIRE] Rhode Island, Texas could stand to follow [Balko]
  • If not for video, would anyone believe a story about Santa Clara deputies “spiking” premises with meth after finding no illegal drugs? [Scott Greenfield]
  • Falsely accused of abuse: “He Lost 3 Years and a Child, but Got No Apology” [Michael Powell, NY Times "Gotham"; Amine Baba-Ali case]
  • Two federal judges denounce feds’ “let’s knock over a stash house” entrapment techniques as unconstitutional [Brad Heath, USA Today]

For Daniel Taylor to be convicted of a murder committed while he was actually behind bars, at least three things had to happen: 1) a supposed confession extracted by Chicago police; 2) a conveniently corroborative sighting of Taylor at the scene by another cop; 3) improper withholding of exonerating evidence by the Illinois prosecutor. A Center on Wrongful Convictions video (via Balko)(& welcome Above the Law readers).

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  • Radley Balko weighs in on Philadelphia bodega-robbery scandal: “I want to refer to these thugs as ‘rogue cops,’ but given that [they've thrived] how rogue can they really be?” [Washington Post, earlier here, here, here, etc.]
  • Speaking of Philadelphia cops: “16 Philly police, firefighters earned more than $400,000 in overtime since ’09″ [Brian X. McCrone and Emily Babay, Philly.com]
  • Also from Balko: “Police cameras are great, except when the video goes missing“; “Police shooting 377 rounds into a car occupied by two unarmed men “raises concerns.” That’s one way of putting it.” And a not very funny t-shirt;
  • “Mission creep”: Department of Homeland Security has its fingers in many more pies than you might realize [Albuquerque Journal]
  • Felony murder rule: “Sentenced To Life In Prison For Loaning His Roommate His Car And Going To Sleep” [Amy Alkon] Sentencing reform is bipartisan issue on both sides [L.A. Times]
  • How many parents and caregivers are behind bars on scientifically bogus “shaken-baby” charges, and is there any urgency to finding out? [Matt Stroud, The Verge; earlier]
  • Milwaukee cop drives into sober woman’s car, charges her with DUI [WITI via Greenfield]

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Maryland roundup

by Walter Olson on May 17, 2014

  • Civil libertarians won victories last term in restraining open-ended use of police surveillance, search and seizure: access to emails and social media postings older than six months will now require warrant, as will location tracking; new restrictions also placed on use of automatic license plate reading system data [ACLU 2014 policy report]
  • Bill that would have banned weapons on private school grounds, whether or not the school itself had objection, failed to make it out of committee [SB 353, earlier here, here]
  • Judge overturns state union’s takeover of Wicomico County teacher’s association [Mike Antonucci, more]
  • Vague definitions of “trafficking” + asset forfeiture: what could go wrong with Del. Kathleen Dumais’s plan? [Reason, WYPR "Maryland Morning", more (legislative agenda of "trafficking task force")]
  • In his spare time, Maryland Commissioner of Labor and Industry Ronald DeJuliis apparently likes to engage in urban beautification of the sign removal variety [Baltimore Sun, Quinton Report, Daily Record (governor's office considers criminal charges against appointee "personal" and relating to "after hours")]
  • Behind the controversy over Rockville firearms dealer’s plan to offer “smart gun” [David Kopel]
  • Baltimore tightens curfew laws, ’cause criminalizing kids’ being outside is for their own good [Jesse Walker, followup]
  • In Montgomery County, police-union demands for “effects bargaining” were a bridge too far even for many deep-dyed liberals, but union hasn’t given up yet [Seventh State]

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I’ve got a longer write-up at Cato at Liberty (earlier) on the extraordinary outcome of a federal investigation into larcenous raids on bodegas by Philadelphia narcotics cops pursuant to sales of banned plastic zip-lock bags: U.S. Attorney Zane David Memeger has closed the case without charges, the statute of limitations now having run.

This was a story that really got to me on many levels, as with this passage from the Philadelphia Daily News’s coverage: “Anh Ngo, like the Nams, said that she was never interviewed by investigators about what unfolded in her family grocery store in the Lower Northeast during a 2008 raid. Ngo, 30, said the officers smashed the [security surveillance] cameras with a sledgehammer and stole about $12,000, taking her mom’s diamond ring and emptying their wallets.” They took her mother’s ring! “‘To think that some light was shined on this by the Daily News and then the investigation just died, it’s really very frustrating,’ she said…. ‘[The cops] are living nice off of the money they stole from us.’” Notes one journalist: “The shop owners were all legal immigrants. None had criminal records. Nor had they ever met – they hailed from four corners of the city and spoke different languages.” Yet they told essentially the same stories.

The local press, specifically the Philadelphia Daily News, did everything one could reasonably wish to bring the story to light. In fact reporters Barbara Laker and Wendy Ruderman won a Pulitzer Prize for their investigation, “Tainted Justice,” and in March published a book on the scandal. The paper’s coverage of the dropping of charges has been likewise hard-hitting, including video of a bodega raid. In the end, none of it seemed to have worked in obtaining justice for the store owners.

I go on in the Cato piece to ask a few other questions about whether laws banning common items like mini-zip-lock bags are really a good idea given that they readily allow police to obtain search warrants against unsuspecting businesses; and whether we insist that store owners like these organize to defend their interests in the political process because the legal process will afford them no protection. Read it here.

And one other question: If we told these immigrant store owners that the American legal system works, would they believe us?

P.S. Internal police department discipline? The local Fraternal Order of Police union, according to its president, has been “standing behind the officers from the minute it happened.” Some don’t expect much:

“This is no big deal,” [the president of the police union lodge] said. “They’ll be handed some discipline and we’ll probably win in arbitration. . . . I don’t see anyone losing their jobs.”

On the other hand

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Infuriating: Rogue Philly cops who robbed bodega owners won’t face charges. [Philadelphia Daily News, earlier here, here, and here]

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“… You can’t be too careful with a nine year old.” [Radley Balko; Portland, Ore.]

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In November 2010 Camden Sgt. Jeffrey Frett radioed for help after receiving a superficial gunshot wound in the leg. Police discovered his wife near the scene and the officer later admitted “that he and his wife had concocted the incident. Officers injured in the line of duty receive a pension that pays 66 percent of their salary tax-free for life.” In the mean time, however, Frett had applied for a disability pension on a separate basis, namely the aftereffects of a 2008 car accident while on duty. Now the state pension board has turned down his request, with one of its members publicly questioning why the officer was permitted to plead to a very minor charge to resolve the staged-shooting episode. [Philadelphia Daily News]

  • Anonymous tip as basis for search? Thomas, Scalia divide in 5-4 SCOTUS decision [Tim Lynch/Cato; Popehat and Scott Greenfield vs. Orin Kerr]
  • Undercover police target Uber, Lyft drivers to “send a message” [Alice Truong, Fast Company; related on New York AG Eric Schneiderman; yet more from NY state senator Liz Krueger (claims AirBnB could also lead to gambling and drugs)]
  • Judge Rakoff on plea deals: “hundreds… or even tens of thousands of innocent people who are in prison, right now” [Tim Lynch, Cato]
  • “Everybody’s trafficked by something,” claims one Phoenix police lieutenant [Al-Jazeera via Elizabeth Nolan Brown, Reason] “Lies, damned lies, and sex work statistics” [Maggie McNeill]
  • Small town police get feds’ surplus armored military vehicles. What could go wrong? [Radley Balko, with reader comments on challenges of supplies and maintenance]
  • Good: “Obama to consider more clemency requests from nonviolent drug offenders” [CBS, Tim Lynch, my take in December]
  • Arkansas: “Mom Arrested for Breastfeeding After Drinking Alcohol in a Restaurant” [Free-Range Kids]

Time mag asked arch-leftwinger Barbara Ehrenreich about the best single way to reduce income inequality. I’d never have dreamed that David Henderson would agree with the answer she gave — or that I would too. More here on Ehrenreich’s views on the “criminalization of poverty” (which, not surprisingly, head off in directions very different from mine once you’re past the initial area of agreement).

One reader points out that laws against behaviors like driving with broken headlights or lapsed insurance are of universal benefit and improve road safety. But I don’t think Ehrenreich’s point (or Henderson’s or mine) amounts to “let’s legalize driving with broken headlights.” Not so long ago, many petty offenses of traffic and street life were illegal but the consequences of violation were much less harsh. The other day I got a transponder toll in the mail amounting to maybe $10, which would jump to $150+ if I didn’t get in a payment within 20 days; being your basic organized middle-class person, I dashed off a check that same day. Add one complicating factor — say I was a person whose mail was forwarded to me from another address — and it would have been a closer thing.

Why has government chosen to escalate once-petty fines over the past couple of generations? 1) It wants revenue and likes the idea of making agencies self-financing or better; 2) it listens more closely to its own agencies than to the populace; 3) when middle class policymakers (as they nearly always are) consider the issue, they think of what level of fine it would take to deter someone like themselves and worry less about whether fines at that level might capsize the little guy or small business (I hear often about how this framework of punitive small fines is a key deterrent to trying to run a small business with a couple of delivery trucks and maybe an urban commercial building or two to run up inspection and property fines.)

The reformist consumer finance literature, to which Elizabeth Warren was a big contributor as an academic, and with which Ehrenreich is no doubt well acquainted, decries $30 late fees and 20 percent interest rates as a business plan by which credit card companies can turn small debts into big ones at the expense of persons without middle-class money habits and skills. Which raises the question: why spend so much time belaboring the banks if government’s own policy on late fees, bounced checks, etc. is going to be so much less merciful? (& welcome Radley Balko readers)

P.S. An example? South Carolina man says he didn’t realize you needed to pay for a soda refill at VA hospital canteen. Contemplated consequences: $525 fine, federal criminal conviction, unable to return to workplace. (Update: following national publicity, let off with warning).

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Court order muzzles gun advocate after his arrest [ACLU of Missouri]:

To express his opinion that Officer [Jerry] Bledsoe was using his position to harass him for exercising his Second Amendment rights, [Jordan] Klaffer posted recordings of the May 1 encounter on YouTube and Facebook. And, on Instagram, he posted a picture of Bledsoe alongside a photo of Saddam Hussein, with the caption “Striking Resemblance.”

Officer Bledsoe retaliated by obtaining a court order that prevented Mr. Klaffer from posting videos, pictures, and text data criticizing Officer Bledsoe on the Internet. “A government order prohibiting criticism of government is the worst kind of censorship,” explains Tony Rothert, legal director of the ACLU of Missouri.

Meanwhile: Virginia state trooper sues police activist in small claims court over his actions and statements following a traffic stop of his car in which she participated, the videos of which wound up on YouTube.

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