Quotulatiousness

February 27, 2015

Virginia’s asset forfeiture rules about to change for the better

Filed under: Law,Liberty,USA — Tags: , , — Nicholas @ 03:00

Techdirt‘s Tim Cushing reports on a hopeful sign from Virginia:

The Institute for Justice’s 2010 report “Policing for Profit” [PDF] listed Virginia as one of the worst five states in the nation in terms of forfeiture abuse. Pushing the state towards its Bottom Five finish was this perverted incentive: 100% of the proceeds from civil asset forfeiture were retained by the law enforcement agency performing the seizure. And, like a majority of states, Virginia also perverted the justice system, deeming the property “guilty” and transferring the burden of proof to those whose assets were seized.

Now that civil asset forfeiture has gone mainstream, receiving coverage from major press outlets, legislators are having a harder time ignoring opponents of these “legalized theft” programs. In response, Virginia’s lawmakers are trying to drag the state out of its forfeiture morass.

    Last week the Virginia House of Delegates overwhelmingly approved a bill that would effectively raise the burden of proof for civil forfeitures by forcing the government to return seized property unless it can obtain a criminal conviction. The bill, introduced by Del. Mark Cole (R-Spotsylvania) and Del. Scott Surovell (D-Mount Vernon), passed by a vote of 92 to 6 and is now being considered by the state Senate.

This fixes one major issue with many civil asset forfeiture programs. Virginia’s laws only demanded a “preponderance of the evidence,” something that sounds like a lot but in reality is far lower than establishing guilt “beyond a reasonable doubt.” If the latter edges towards a theoretical 75% assurance of guilt, the percentage for asset forfeiture approaches a coin flip: 51%. Now, there needs to be a conviction before the agency can keep the seized property.

February 16, 2015

Even if you do nothing, you can still be arrested for “resisting arrest”

Filed under: Law,Liberty,USA — Tags: , , , — Nicholas @ 04:00

We’ve seen examples of this before, but if the NYPD gets its way, the all-purpose charge of “resisting arrest” will become a felony offense:

The most half-baked “weapon” in any policeman’s arsenal should never be raised to the level of a felony. “Resisting arrest” is the charge brought when bad cops run out of better ideas. This truism runs through nearly every law enforcement agency in the country. When you take a look at videographers and photographers who have been arrested for exercising their First Amendment rights (and backed by a DOJ statement), you’ll see plenty of “resisting arrest” charges.

When a San Francisco public defender tried to head off a detective who wanted to question and photograph her client without her permission, she was arrested for “resisting arrest.”

When someone has been brutalized by the police, the words “resisting arrest” are repeated nearly as frequently as the mantra that accompanies every taser deployment and baton swing (“stop resisting”). Resisting arrest is a dodge that makes bad cops worse and marginal cops bad.

Turning resisting arrest into a felony shouldn’t happen anywhere. But perhaps especially not in New York City.

[…]

To turn this into a felony is to grant bad cops a longer leash — and allows them to do much more damage. Not only will the victims of excessive force have to deal with injuries and psychological trauma, they may also find their futures severely disrupted by a felony charge that will follow them around for years.

The protests following the clearing of the officer involved in Eric Garner’s death, followed shortly thereafter by the murder of two NYPD officers by a civilian, have turned the NYPD against the public. Bratton’s support of this abhorrent idea makes it clear he’s willing to put more power in the hands of his worst officers. However bad he feels the situation is now, this action will only make things worse. The answer lies in greater accountability from the NYPD, not additional punishments for members of the public.

February 12, 2015

Petty fines and “public safety” charges fall heaviest on the poor

Filed under: Bureaucracy,Government,USA — Tags: , , , , , — Nicholas @ 05:00

Megan McArdle on the incredibly regressive way that American municipalities are raising money through fines and other costs imposed disproportionally on the poorest members of the community:

During last summer’s riots in Ferguson, Missouri, reporters began to highlight one reason that relations between the town’s police and its citizens are so fraught: heavy reliance on tickets and fines to cover the town’s budget. The city gets more than $3 million of its $20 million budget from “fines and public safety,” with almost $2 million more coming from various other user fees.

The problem with using your police force as a stealth tax-collection agency is that this functions as a highly regressive tax on people who are already having a hard time of things. Financially marginal people who can’t afford to, say, renew their auto registration get caught up in a cascading nightmare of fees piled upon fees that often ends in bench warrants and nights spent in jail … not for posing a threat to the public order, but for lacking the ready funds to legally operate a motor vehicle in our car-dependent society.

So why do municipalities go this route? The glib answer is “racism and hatred of the poor.” And, quite possibly, that plays a large part, if only in the sense that voters tend to discount costs that fall on other people. But having spent some time plowing through town budgets and reading up on the subject this afternoon, I don’t think that’s the only reason. I suspect that Ferguson is leaning so heavily on fines because it doesn’t have a lot of other terrific options.

February 9, 2015

Accused “SWATter” arrested in Las Vegas

Filed under: Gaming,Law,USA — Tags: , , , , , — Nicholas @ 07:46

In the Chicago Sun-Times, LeeAnn Shelton reports on an arrest in Las Vegas for computer-related crimes and (effectively) attempted murder by falsely reporting a serious crime at another address to get the SWAT team to raid that location.

A gamer known online as “Famed God” — who made up a murder to get police to go to an unsuspecting west suburban resident’s home last year — is behind bars in Nevada awaiting extradition.

Brandon Willson, 19, was arrested Thursday after authorities searched his home in the 4600 block of El Presidente Drive in Las Vegas, a statement from the Will County state’s attorney’s office said.

Willson used a computer to contact Naperville’s 911 center on July 10, 2014, and claimed a murder had happened at a home in the city, prosecutors claim. Naperville’s Special Response Team responded but found no crime.

The practice involves someone falsely reporting a dangerous situation to send police to another person’s home. It is known as “swatting” because the hoax calls can lead to deployment of SWAT teams.

Calling it a “dangerous prank,” State’s Attorney James Glasgow plans to craft legislation that would make swatting a felony in Illinois, the statement said. The bill would also require anyone convicted of swatting to reimburse municipalities for the cost of the emergency response.

January 31, 2015

If nothing else, you can be arrested for “resisting arrest”

Filed under: Law,Liberty,USA — Tags: , , , , — Nicholas @ 10:25

This is a rather amazing little scene that was played out in San Francisco:

Published on 28 Jan 2015

Public Defender Jami Tillotson was unlawfully arrested at the San Francisco Hall of Justice on Tuesday, January 27, 2015 by officers of the San Francisco Police Department

Techdirt‘s Tim Cushing has the story:

As an American citizen, you can always refuse to answer questions, especially when you’re not in custody. Easier said than done, though, which is why the option of referring law enforcement to a lawyer is always on the table. Of course, police officers will try to avoid this possiblity, usually by framing the questioning as an innocuous, purely voluntary chat. They get irritated, though, when people realize this and tell them to talk to their lawyer or continually ask if they’re free to go.

So, while Tillotson’s attempt to defend her client from questioning related to a different crime may not have fallen under guaranteed Sixth Amendment protections, her willingness to protect her client from additional police questioning certainly falls within the bounds of what she (and her client) are legally allowed to do in a situation like this (i.e., “Talk to my lawyer.”)

But the police weren’t interested in speaking to a lawyer. They wanted to take pictures and ask questions without the “interference” of someone who knew how the system works. So, they arrested her for resisting arrest — which, as the video shows, she was very clearly NOT DOING BEFORE, AFTER OR DURING THE ARREST.

Tillotson objected to the arrest, but she placed her hands behind her back and allowed police to cuff her. She never struggled or otherwise impeded the officers in their duty — which was [WARNING: circular reasoning ahead] TO ARREST HER FOR RESISTING ARREST.

It’s a mindbending, oxymoronic, ugly display of force, where might = right and anyone standing in the way of an investigation needs to GTFO. With cuffs.

January 19, 2015

Police body cameras won’t fix everything, but they clearly do help

Filed under: Law,USA — Tags: , , — Nicholas @ 07:30

At Marginal Revolution Alex Tabarrok looks at the first randomized controlled trial of body cameras for police officers:

The results were that police use of force reports halved on shifts when police wore cameras. In addition, the use of force during the entire treatment period (on shifts both using and not using cameras) was about half the rate as during pre-treatment periods. In other words, the camera wearing shifts appear to have caused police to change their behavior on all shifts in a way that reduced the use of force. A treatment that bleeds over to the control group is bad for experimental design but suggests that the effect was powerful in changing the norms of interaction. (By the way, the authors say that they can’t be certain whether the cameras primarily influenced the police or the citizens but the fact that the effect occurred even on non-camera shifts suggests that the effect is primarily driven by police behavior since the citizens would not have been particularly aware of the experiment, especially as there would have been relatively few repeat interactions for citizens.)

It is possible that the police shaded their reports down during the treatment period but complaints by citizens also fell dramatically during the treatment period from about 25-50 per year to just 3 per year.

Here’s a graph of use of force reports before and during the treatment period.

Police body cameras

US government to end seized-asset sharing with local police

Filed under: Government,Law,USA — Tags: , — Nicholas @ 04:00

In the Washington Post, Robert O’Harrow Jr., Sari Horwitz and Steven Rich report on a very hopeful move by the federal government to end one of the programs that has fuelled police civil forfeiture efforts:

Attorney General Eric H. Holder Jr. on Friday barred local and state police from using federal law to seize cash, cars and other property without warrants or criminal charges.

Holder’s action represents the most sweeping check on police power to confiscate personal property since the seizures began three decades ago as part of the war on drugs.

Since 2008, thousands of local and state police agencies have made more than 55,000 seizures of cash and property worth $3 billion under a civil asset forfeiture program at the Justice Department called Equitable Sharing.

The program has enabled local and state police to make seizures and then have them “adopted” by federal agencies, which share in the proceeds. It allowed police departments and drug task forces to keep up to 80 percent of the proceeds of adopted seizures, with the rest going to federal agencies.

“With this new policy, effective immediately, the Justice Department is taking an important step to prohibit federal agency adoptions of state and local seizures, except for public safety reasons,” Holder said in a statement.

Holder’s decision allows limited exceptions, including illegal firearms, ammunition, explosives and property associated with child pornography, a small fraction of the total. This would eliminate virtually all cash and vehicle seizures made by local and state police from the program.

H/T to Reason‘s Scott Shackford:

Big, huge news on the civil asset forfeiture front: Eric Holder is ordering an end to most of the Department of Justice’s Equitable Sharing Program. This is the program where the DOJ works with local law enforcement agencies for busts, and then the law enforcement agencies are permitted to keep 80 percent of the assets seized. It has been an incubator of the worst police abuses, as some agencies looked for any possible reason to take people’s property without ever actually accusing them with a crime.

Robby Soave says “Attorney General Eric Holder just made the best call of his political career” and lists just a few of the cases Reason has publicized over the years.

January 17, 2015

Still nothing to see here, folks, just move along now…

Filed under: Europe,Law,Media,Religion — Tags: , , , — Nicholas @ 04:00

David Warren expresses his surprise at the news of police raids in Europe:

“Two die in Belgian anti-terror raid.” … The headline is from the BBC website, yesterday, but these keywords could be found in breaking-news headlines all across Europe. (I checked.)

Gentle reader must have been wondering, who is it this time? The Buddhists, perhaps? (Mahayana or Theravada?) Jains? Angry rampaging Hindu swamis? Prim Confucians? Taoist anarchists? What about the Zoroastrians, we haven’t heard from them in a while. But it might be the Lutherans, no? Or the Presbyterians? Pentecostals more likely, or Fundamentalist Christians from Allah-bama. Hey wait, Belgium used to be a Catholic country, perhaps they were Latin Mass traditionalists? SSPiXies? Dominican monks? Third Order Franciscans? On the other hand, Secular Humanists would be statistically more likely. Wiccans? Druids? Nudists? Maybe we should bet long-shot on Animists of some sort, from the former Belgian Congo. Or from New Guinea: could be, you never know these days.

Well, the answer caught everyone by surprise. Turned out they were Muslims.

As some wag in Washington recently responded, to another “religion of peace” muttering from on high: “How odd that so many are killing for it.”

A correspondent in Alexandria-by-Egypt reminds of Christians slaughtered and churches trashed in his town not so long ago, after rumours circulated that a Coptic priest had said, “Islam is a violent religion.” Turned out he hadn’t said that. But whatever it was, he won’t be saying it again.

The media have thoughtfully spared us from reports of demonstrations in the Muslim world in support of recent actions in Paris, which involved the “execution” of several French cartoonists who had drawn vile, blasphemous pictures of their Prophet Jesus, and his Mother Mary. Also, of the Prophet Muhammad. The media don’t want to abet prejudice against any particular religious community; and Islam is quite particular.

Pat Condell – Nothing to do with Islam

Filed under: Britain,Law,Liberty,Religion — Tags: , , , — Nicholas @ 02:00

Published on 15 Jan 2015

The death rattle of a dhimmi society.

January 13, 2015

The steady militarization of the police

Filed under: Law,Liberty,USA — Tags: , , — Nicholas @ 02:00

In the latest Libertarian Enterprise, L. Neil Smith discusses some of the ways the police have changed over the last few decades:

… being a police officer isn’t really all that dangerous — check the statistics, yourself. Being a fireman is more dangerous. Being a miner is more dangerous. Being a deep-sea salvage diver is hell of a lot more dangerous. Nor are these particularly dangerous times. When I was a young reserve officer in the wild and wooly early 1970s, more cops were injured or killed in California alone than in the entire nation now. That fact sparked many changes in policy, including choice of weapons, from revolver to semiautomatic, the design of holsters, and the angle at which the car should be parked during a routine traffic stop.

All that was in the 60s, and, for a while, the police did acquire a more human face. But then, something went wrong. Several things went really wrong, and it left us stuck in the mess we’re in today.

To begin with there were police unions and lawyers who rode along with them like pilot fish. RICO allowed them to loot the countryside freely. There is nothing in a free society that we could have done, or can, directly, about this. But it has come to mean that no officer will ever have to face the music for whatever criminal act he may have committed, unless he has political enemies somewhere inside the structure.

Second, there were matters of accoutrement. Mace and revolver speed-loaders were the big news of my time, rapidly followed by CS gas and semiautomatic pistols, mostly Glocks in .40 caliber, while four-shot pump shotguns evolved into eight-shooters on the dashboard. Wooden nightsticks became nylon PR-24s and engendered a whole new martial art. Finally there was Kevlar body armor, and the Taser. Ammunition changed, as well. The Blue Knight’s equippage was nearly complete.

All the while, the courts were depriving ordinary citizens of more and more rights and protections until the attacks on 9/11 swept what was left from the board. The police could now go anywhere, do anything — including locking people up on suspicion — without punishment for it.

At the same time, the cops have gone insane, shooting people’s dogs, smashing in, beating up, and murdering innocent individuals, including little old ladies, and their pet kittens without even having to apologize about it. I’d cite some typical examples, but they happen every day and you can find them all too easily for yourself. You can’t blame people for hating the police, they have good reason. I’ve deliberately avoided learning much about Ferguson — what little information I have would indicate that the cop behaved properly — but you can’t blame the public, The police have brought this on themselves.

January 12, 2015

The oldest game … as a video game

Filed under: Business,Cancon,Law,Liberty — Tags: , , , , , — Nicholas @ 02:00

Elizabeth Nolan Brown on an interesting video game in development:

First, choose your city: Toronto, Vancouver, or Montréal. Next, decide whether avatar Andrea (Andréa, if you chose Montreal) will work on the streets, in a massage parlor, or as an escort. Then try to get screwed literally without being figuratively fucked by the cops—an ultimately no-win situation when it comes to The Oldest Game. Developed by a team of Canadian academics, the project is meant to highlight how the country’s new prostitution law, C-36, makes life more difficult and dangerous for Canadian sex workers.

The law, which took effect in December 2014, “continues to criminalize various aspects of sex work, often removing safeguards and strategies that place sex workers in dangerous situation, placing at risk the very vulnerable people the bill ostensibly exists to protect,” note the game’s creators.

    Through various encounters with clients, colleagues and law enforcement in three difference Canadian cities, players will experience how the legislation changes the way sex workers live and work, and play through the additional challenges sex workers will face when trying to remain safe.

Sandra Gabriele, a Concordia communications professor and one of the project’s co-leads, is interested in using games as a form of journalism.

Published on 10 Dec 2014

On December 6th 2014 (the National Day of Remembrance and Action on Violence Against Women in Canada), Bill C-36 officially came into force. Replacing Canada’s previous laws on sex work, which were struck down as unconstitutional on On December 20th, 2013, the new bill have drawn a great deal of criticism for placing sex workers at even greater risk than they faced under the old legislation. The Oldest Game, a newsgame about sex work developed at Concordia University in Montreal QC, demonstrates how Bill C-36 will impact the lives of sex workers in Canada. Developed by Lisa Lynch, Sandra Gabriele, Amanda Feder, Martin Desrosiers, Stephanie Goddard, Ben Spencer, Esther Splett and Natalie Zina Walschots. Follow is on Twitter at @The OldestGame and visit our website, http://www.theoldestgame.com !

January 5, 2015

Britain’s social media police … are really the police

Filed under: Britain,Law,Liberty,Media — Tags: , , , , , — Nicholas @ 03:00

James Bloodworth on the attempt by British police forces to extend their role beyond actual crime prevention to virtual crime detection:

At some point saying “offensive” things online stopped being a social faux pas and became a potentially criminal act.

Dare to be rude about the wrong person or group and, in a bad parody of Erich Honecker’s East Germany, you could hear the knock on the door in the middle of the night and be dragged off to some dreary police cell for questioning.

I exaggerate of course, but not much: around 20,000 people in Britain have been investigated in the past three years for comments made online, with around 20 people a day being looked into by the forces of the law, according to figures obtained under the Freedom of Information Act.

The overused Orwellian cliché has finally become the reality: Big Brother in the form of an overzealous and under regulated police force really is watching you. As Police Scotland terrifyingly informed us this week, “Please be aware that we will continue to monitor comments on social media and any offensive comments will be investigated.”

January 2, 2015

Debunking the “Broken Windows” theory of crime

Filed under: Law,USA — Tags: , , — Nicholas @ 07:51

In Mother Jones, Kevin Drum looks at the frequent claim on the political right that the “Broken Windows” model of policing was pivotal in reducing urban crime:

The “Broken Windows” theory suggests that tolerance of small acts of disorder creates an environment that leads to rising amounts of serious crime. So if police crack down on small offenses—petty vandalism, public lewdness, etc. — crime reductions will follow. George Kelling was one of the originators of the theory, and NYPD police commissioner Bill Bratton is one of its strongest proponents.

It sounds reasonable, but as Drum points out, it takes credit for improvements that it couldn’t have been driving:

Violent crime 1985-2012So here’s the thing: this is almost certainly wrong. Not even controversial. Just wrong: broken windows policing may well have been helpful in reducing New York’s crime rate, but there’s flatly no evidence that it’s been pivotal. It’s true that crime in New York is down more than it is nationally, but that’s just because crime went up more in big cities vs. small cities during the crime wave of the 60s through the 80s, and it then went down more during the crime decline of the 90s and aughts. Kelling and Bratton can dismiss this as ivory tower nonsense, but they should know better. The statistics are plain enough, after all.

Violent crime big vs small cities 1985-2010Take a look at the two charts on the right. The top one shows crime declines in six of America’s biggest cities. As you can see, New York did well, but it did no better than Chicago or Dallas or Los Angeles, none of which implemented broken windows during the 90s. The bottom chart is a summary of the crime decline in big cities vs. small cities. Again, the trend is clear: crime went up more during the 80s in big cities, but then declined more during the 90s and aughts. The fact that New York beat the national average is a matter of its size, not broken windows.

Now, none of this is evidence that broken windows doesn’t work. The evidence is foggy either way, and we simply don’t know. My own personal view is that it’s probably a net positive, but a fairly modest one.

December 29, 2014

Reason.tv Nanny of the Year for 2014

Filed under: Bureaucracy,Government,Liberty,USA — Tags: , , , , — Nicholas @ 12:08

Published on 29 Dec 2014

Our nation’s control freaks got even freakier in 2014 – from jetpacks to parking apps, eco-ATMs and powdered alcohol, they were determined to kill anything cutting edge.

They targeted everything from dogs in parks to births at home, and they’ll sic cops on you for hoarding or smelling bad. You might even get busted for doing things that are legal–like vaping while driving, warning motorists about speed traps, or putting up Christmas lights.

And whether it’s yanking chocolate milk, boogie boards, homemade libraries or sunscreen(?!), the control freaks are (all together now!): Doing it for the children.

It’s fitting, then, that 2014’s Nanny of the Year recipients justified their power grab on the same grounds (although the real reason may have more to do with protecting city officials from future caught-on-tape embarrassments).

Check out how one cop’s rant (“Obama has decimated the friggin’ Constitution”) embarrassed a city council into taking home this year’s top dishonors!

December 18, 2014

A mandatory registry that might actually do some good

Filed under: Law,USA — Tags: , , , — Nicholas @ 00:03

At Reason, Ed Krayewski suggests that a Police Offenders Registry might be an excellent start to reduce some of the worst interactions between the police and the public they are supposed to serve:

This week, the Department of Justice announced new guidelines against racial profiling. The changes don’t actually change all that much. As regular incidents of police brutality get more and more mainstream media attention, it’s time for a bold move from the White House.

There’s a moral obligation to keep bad cops off the streets. A job with a police department is not a right and shouldn’t be treated like one. Police unions that push for permissive rules that end up protecting bad cops pose a serious public safety threat. Nevertheless, dismantling them where they’ve taken root is a difficult prospect even in the long-term. There are other ways to keep bad cops off the streets. The federal government, and state governments, ought to create and encourage the use of a police offender registry list. Such a list would register individuals who while employed as law enforcement officers were found unfit for duty or faced serious disciplinary issues they may have resigned to avoid. Just as any other component of comprehensive police reform, this won’t eliminate excessive police violence, but it’s a start.

When actually identified, a surprising (or not) number of officers involved in controversial, high-profile use of force incidents have previously disciplinary history. Officer Daniel Pantaleo, the New York City cop who put Eric Garner in a fatal chokehold, had been previously accused, at least twice, of racially-motivated misconduct, including strip searching a man in the middle of the street and allegedly hitting his testicles. The police union in New York City is among the strongest in the country. When a rookie cop shot Akai Gurley in apparent panic last month, he didn’t think twice to reportedly contact his union rep first. A man lay dying in a stairwell for no other reason that he startled a rookie, and the fact that the officer called his union representative before calling for assistance isn’t shocking enough to lead to the officer’s termination. Even if it were, it would still be impossible to terminate the officer immediately. While all this is happening, the state of New York is on the verge of placing even more of the disciplinary regime that applies to cops under the purview of the police unions.

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