Quotulatiousness

July 22, 2014

Cooling the conservative love affair with the police

Filed under: Law, Liberty, USA — Tags: , , , — Nicholas Russon @ 09:07

If there’s one thing that separates conservatives from libertarians, it’s the conservative worship of the police. In most conservatives’ eyes, the police are always right and should never be criticized regardless of the situation. Perhaps this is beginning to change, as A.J. Delgado calls for an end to the love affair:

Imagine if I were to tell you there is a large group of government employees, with generous salaries and ridiculously cushy retirement pensions covered by the taxpayer, who enjoy incredible job security and are rarely held accountable even for activities that would almost certainly earn the rest of us prison time. When there is proven misconduct, these government employees are merely reassigned and are rarely dismissed. The bill for any legal settlements concerning their errors? It, too, is covered by the taxpayers. Their unions are among the strongest in the country.

No, I’m not talking about public-school teachers.

I’m talking about the police.

We conservatives recoil at the former; yet routinely defend the latter — even though, unlike teachers, police officers enjoy an utter monopoly on force and can ruin — or end — one’s life in a millisecond.

For decades, conservatives have served as stalwart defenders of police forces. There have been many good reasons for this, including long memories of the post-countercultural crime wave that devastated, and in some cases destroyed, many American cities; conservatives’ penchant for law and order; and Americans’ widely shared disdain for the cops’ usual opponents. (A hippie being arrested is something people from all walks of life are usually happy to see.) Although tough-on-crime appeals have never been limited to conservative politicians or voters, conservatives instinctively (and, it turned out, correctly) understood that the way to reduce crime is to have more cops making more arrests, not more sociologists identifying more root causes. Conservatives are rightly proud to have supported police officers doing their jobs at times when progressives were on the other side.

But it’s time for conservatives’ unconditional love affair with the police to end.

July 21, 2014

The retreat of civil society and the advance of the nanny state

Filed under: Law, Liberty, USA — Tags: , , , , — Nicholas Russon @ 08:27

In The Week, Michael Brendan Dougherty wonders why so many parents are being arrested these days for letting their children do things that used to be utterly normal:

Last month, when the first wave of these stories came out, I suggested it was a problem of helicopter parents enforcing their notions of parenthood on others. But the number and variety of such incidents suggest that something more is at work. The communities that are happy to watch the kids in the neighborhood, and help parents with an extra set of eyes and a few caramels, are just gone. We’re arresting parents because civil society is retreating from children altogether.

Timothy Carney, a columnist for The Washington Examiner and a father of five, attributes it to a decline of “neighborliness.” And that’s certainly true. People see a kid, imagine a bad thing could happen to them, and then think they should call the cops. Whereas “neighborly adults look after other adults’ kids when the parents are unavailable.”

Gracy Olmstead, in a very smart article for The American Conservative, says that all of this waning of society and waxing of the state was predicted by communitarian libertarian Robert Nisbet:

    Nisbet predicted that, in a society without strong private associations, the State would take their place — assuming the role of the church, the schoolroom, and the family, asserting a “primacy of claim” upon our children. “It is hard to overlook the fact,” he wrote, “that the State and politics have become suffused by qualities formerly inherent only in the family or the church.” In this world, the term “nanny state” takes on a very literal meaning.

[...]

But today those communities seem rarer, and so, too, those shared premises about how kids should behave. More than that, there’s a fear of taking responsibility for kids in the neighborhood. Deliver a short report on a child’s behavior and his parents may snap back, “Don’t tell me how to parent my child.” A neighbor’s interest may seem invasive or even creepy. Lacking church or community, bystanders in a neighborhood refer their concern about a suboptimal parental situation (one they usually know little about because they are not very neighborly) to the only other institution empowered to look out for the welfare of children: the state.

Update: Scott Greenfield on the whole “see something, say something (to the authorities)” situation with parents and children.

[...] the most fundamental cause for some people to feel empowered to rat out a parent [is] because they just aren’t managing their children the way I think they should!!!

Everything that fails to comport with the way the most sensitive soul in the neighborhood feels it should must now be a crime. Do it for the children. Do it for the women. Do it for … just do it.

Parents always question other parents’ parenting skills and choices. We naturally believe with all our heart and soul that whatever choices we made were better than theirs, whoever they may be. This is human nature, given our own belief that we are right and anyone who disagrees with us is wrong. Conversely, everyone who agrees is brilliant, confirming that we, too, are both right and brilliant. These thoughts are nothing new.

But the problem in Douthat’s parade of bad parenting isn’t merely some prissy busybody’s decision that some parent has inadequately bubble-wrapped their kid. The problem is that they conflate their parenting choices with righteousness, such that anyone who doesn’t share their sensibilities has committed a crime. It’s a crime to neglect your child, with neglect defined as doing anything less than providing absolute safety and comfort to children as the most delicate flower perceives it.

[...]

Years ago, there was a saying in the parent’s handbook, “spare the rod and spoil the child.” Today, that’s Endangering the Welfare of a Child in the First Degree. This isn’t to suggest that beating kids is a great method of child rearing, but to remind all the self-righteous that their beloved nanny used to beat their mother to a pulp when she misbehaved. Are you ready to lock granny up? If not, what moral authority do you have to call the cops on someone else, whose crime is not meeting your expectations of safe enough?

The criminal law is not a child-rearing tool. If you spent a few seconds thinking beyond your overly passionate feelings, you might consider whether a child would do better to be reared by a loving parent who isn’t inclined to keep them locked in protective custody throughout the formative years, than as a ward of the state. How does turning a parent into a criminal, losing a job, perhaps even a home, make a child’s life better?

July 15, 2014

Reason.tv – Maggie McNeill on Why We Should Decriminalize Prostitution

Filed under: Law, Liberty — Tags: , , , , — Nicholas Russon @ 08:43

Published on 14 Jul 2014

“There is a very common form of rhetoric that’s used against us … that sex work isn’t work. That it’s a dodge. That it’s a scam. That it’s a form of exploitation,” says Maggie McNeill, a former sex worker turned activist who blogs at The Honest Courtesan.

“We still pretend that there’s a magical mumbo jumbo taboo energy about sex that makes it different from all other human activities.”

McNeill sat down with Reason TV‘s Thaddeus Russell for a wide-ranging interview where she responds to the feminist critique of sex work, explains why research on trafficking may not be reliable, and says why prostitution should be decriminalized.

“The problem is that there are already laws for these things,” states McNeill. “We have a name for sex being inflicted on a woman against her will. We call it rape. We have a name for taking someone and holding them prisoner somewhere. We call that abduction. … Why do we need [prostitution] to be laid on top of all these other things that already are crimes?”

The sheer difficulty of obtaining a warrant

Filed under: Government, Law, Liberty, Technology, USA — Tags: , , , — Nicholas Russon @ 08:21

Tim Cushing wonders why we don’t seem to sympathize with the plight of poor, overworked law enforcement officials who find the crushing burden of getting a warrant for accessing your cell phone data to be too hard:

You’d think approved warrants must be like albino unicorns for all the arguing the government does to avoid having to run one by a judge. It continually acts as though there aren’t statistics out there that show obtaining a warrant is about as difficult as obeying the laws of thermodynamics. Wiretap warrants have been approved 99.969% of the time over the last decade. And that’s for something far more intrusive than cell site location data.

But still, the government continues to argue that location data, while possibly intrusive, is simply Just Another Business Record — records it is entitled to have thanks to the Third Party Doctrine. Any legal decision that suggests even the slightest expectation of privacy might have arisen over the past several years as the public’s relationship with cell phones has shifted from “luxury item/business tool” to “even grandma has a smartphone” is greeted with reams of paper from the government, all of it metaphorically pounding on the table and shouting “BUSINESS RECORDS!”

When that fails, it pushes for the lower bar of the Stored Communications Act [PDF] to be applied to its request, dropping it from “probable cause” to “specific and articulable facts.” The Stored Communications Act is the lowest bar, seeing as it allows government agencies and law enforcement to access electronic communications older than 180 days without a warrant. It’s interesting that the government would invoke this to defend the warrantless access to location metadata, seeing as the term “communications” is part of the law’s title. This would seem to imply what’s being sought is actual content — something that normally requires a higher bar to obtain.

Update: Ken White at Popehat says warrants are not particularly strong devices to protect your liberty and lists a few distressing cases where warrants have been issued recently.

We’re faced all the time with the ridiculous warrants judges will sign if they’re asked. Judges will sign a warrant to give a teenager an injection to induce an erection so that the police can photograph it to fight sexting. Judges will, based on flimsy evidence, sign a warrant allowing doctors to medicate and anally penetrate a man because he might have a small amount of drugs concealed in his rectum. Judges will sign a warrant to dig up a yard based on a tip from a psychic. Judges will kowtow to an oversensitive politician by signing a warrant to search the home of the author of a patently satirical Twitter account. Judges will give police a warrant to search your home based on a criminal libel statute if your satirical newspaper offended a delicate professor. And you’d better believe judges will oblige cops by giving them a search warrant when someone makes satirical cartoons about them.

I’m not saying that warrants are completely useless. Warrants create a written record of the government’s asserted basis for an action, limiting cops’ ability to make up post-hoc justifications. Occasionally some prosecutors turn down weak warrant applications. The mere process of seeking a warrant may regulate law enforcement behavior soomewhat.

Rather, I’m saying that requiring the government to get a warrant isn’t the victory you might hope. The numbers — and the experience of criminal justice practitioners — suggests that judges in the United States provide only marginal oversight over what is requested of them. Calling it a rubber stamp is unfair; sometimes actual rubber stamps run out of ink. The problem is deeper than court decisions that excuse the government from seeking warrants because of the War on Drugs or OMG 9/11 or the like. The problem is one of the culture of the criminal justice system and the judiciary, a culture steeped in the notion that “law and order” and “tough on crime” are principled legal positions rather than political ones. The problem is that even if we’d like to see the warrant requirement as interposing neutral judges between our rights and law enforcement, there’s no indication that the judges see it that way.

July 11, 2014

The lawless hellhole that is post-legalization Colorado

Filed under: Business, Law, Liberty, USA — Tags: , , , — Nicholas Russon @ 07:24

Just as sensible people were predicting, the once peaceful and scenic state of Colorado is now a smoking hole in the ground, infested with twitchy-eyed, machete-wielding savages. (Oh, wait, no … that’s Edmonton):

[Colorado Governor John] Hickenlooper sounds cautiously optimistic, and there are good reasons for that. Possession and consumption of cannabis have been legal in Colorado and Washington since the end of 2012. In Colorado, so has home cultivation of up to six plants and noncommercial transfers of up to an ounce at a time. Since the beginning of this year, anyone 21 or older has been able to walk into a store in Colorado and walk out with a bag of buds, a vape pen loaded with cannabis oil, or a marijuana-infused snack. And for years in Washington as well as Colorado, such products have been readily available to anyone with a doctor’s recommendation, which critics say is so easy to get that the system amounts to legalization in disguise. Despite all this pot tolerance, the sky has not fallen.

A study released yesterday by Colorado’s Marijuana Enforcement Division supports Hickenlooper’s impression that legalization has not had much of an effect on the prevalence of cannabis consumption. The authors, Miles Light and three other analysts at the Marijuana Policy Group, note that the percentages of Coloradans reporting past-month and past-year consumption of marijuana in the National Survey on Drug Use and Health (NSDUH) rose between 2002 and 2010, mirroring a national trend. But consumption fell a bit in Colorado after 2010 while continuing to rise in the rest of the country. That is striking because Colorado’s medical marijuana industry began to take off in the second half of 2009 after the legal standing of dispensaries became more secure.

Another surprising finding is that marijuana use during this period was less common in Colorado than in the country as a whole. Based on NSDUH data from 2010 and 2011, 12 percent of Coloradans 21 or older were past-year users, compared to a national figure of 16 percent. But among those past-year users, daily use was more common in Colorado: 23 percent of them reported consuming marijuana 26 to 31 times a month, compared to a national rate of 17 percent. It’s not clear to what extent Colorado’s medical marijuana system is responsible for this difference in patterns of use.

[...]

Hickenlooper did not mention crime rates, but some opponents of legalization warned that cash-heavy cannabusinesses would invite robberies, leading to an increase in violence. Instead the frequency of burglaries and robberies at dispensaries has declined since they began serving recreational consumers in January. FBI data indicate that the overall crime rate in Denver, the center of Colorado’s marijuana industry, was 10 percent lower in the first five months of this year than in the same period of 2013.

Although the prospect of more money for the government to spend has always struck me as a pretty weak argument for legalization, Hickenlooper is happy to have tax revenue from the newly legal marijuana industry. So far there has not been much: just $15.3 million from the recreational sector in the first five months of 2014 ($23.6 million if you include medical sales), although monthly revenue rose steadily during that period. The economic activity associated with the new industry, including not just marijuana sales but various ancillary goods and services, is bound to be much more significant than the tax revenue. And although Hickenlooper says he does not want Colorado to be known for its cannabis, legalization (along with abundant snow) may have something to do with the record numbers of tourists the state is seeing. It seems clear, in any case, that legalization has not hurt Colorado’s economy, which Hickenlooper accurately describes as “thriving.”

Another benefit of legalization that can be measured in money is law enforcement savings, which various sources put somewhere between $12 million and $60 million a year in Colorado. Those estimates do not include the human costs associated with treating people like criminals for growing, selling, and consuming an arbitrarily proscribed plant. Prior to legalization police in Colorado were arresting 10,000 pot smokers a year. Today those criminals are customers of legitimate businesses, which are replacing the “corrupt system of gangsters” decried by Hickenlooper.

July 9, 2014

Britain’s latest moral panic enters the “proposing bad law” stage

Filed under: Britain, Law, Media — Tags: , , , , — Nicholas Russon @ 08:40

Iain Martin says it’s now gotten to the point “where it is permissible to mention George Orwell and his novel Nineteen Eighty-Four“:

Peter Wanless, the chief executive of the NSPCC, said earlier: “If someone consciously knows that there is a crime committed against a child, and does nothing about it because they put the reputation of the organisation above the safety of that child, that should be a criminal offence.”

“Consciously knows.” There’s an interesting phrase. It seems that the NSPCC sees this sanction applying only to people in positions of responsibility. But how can that be defined fairly in law? Will the new law only apply to the chief executive of a health trust, but not to the finance director or to the head of communications? It would be impossible to define such a law so narrowly. In time it would have to apply to anyone working in any organisation. And, surely it must also apply to anyone who comes into contact with said organisation and who might have heard that a crime has been committed? People often think they “consciously know” something when they have actually only heard it third-hand. If the idea is established that failure to pass on a wild rumour to the police is somehow illegal, it is not difficult to imagine what could go wrong.

[...]

If it is to become a crime to fail to report suspicions that child abuse is taking place, why should the new law not to be extended in time to all other areas of criminal activity? It could become illegal to fail to report to the police if you suspected that a fellow citizen had committed a crime, or might be about to. As someone wise on Twitter put it earlier: the historical precedents of states making it compulsory for citizens to report on their fellow citizens are not encouraging.

June 15, 2014

QotD: Shut up – it’s your right and (for some) your privilege

Filed under: Law, Liberty, Quotations, USA — Tags: , , , , — Nicholas Russon @ 08:54

“Privilege” is a term that’s overused and misused in modern political discourse. Too often it’s used like a crass “shut up, I win” button in an argument. But “privilege” is sometimes an apt descriptive term of a human phenomenon: a person’s evaluation of a situation (like interaction with law enforcement) is colored by his or her own experiences, and those experiences are usually circumscribed by that person’s cultural identity and wealth. Any criminal defense attorney who has served affluent clients is familiar with this: such clients often conclude that they are a victim of a conspiracy, or of a “rogue cop” or “loose cannon prosecutor,” because their life experiences lead them to assume that the system can’t possibly treat all people the way they are being treated. By contrast, clients who have lived in poverty (or clients who are African-American or Latino) tend to recognize outrageous conduct in their case as the system working the way the system typically works — business as usual. In my post about the prosecution and death of Aaron Swartz, I argued that Swartz’ community showed such privilege in its reaction to his prosecution, seeing some sort of singular conspiracy where others saw the banal grinding of the system’s unfeeling wheels.

My advice to shut up is colored, in part, by privilege. I was reminded of this yesterday when Los Angeles County Sheriff’s Deputies searched Justin Bieber’s house. I praised Bieber for shutting up and declining to talk to the cops, and joked that criminal defense attorneys could shame clients into better practices by asking why they aren’t smarter than Justin Bieber.

But Justin Bieber and I — and many of my clients — share a crucial quality: we’re affluent and fortunate. This privilege makes us better able to endure the potential downside risks of shutting up. If we get arrested on a petty or bogus charge by a pissed-off cop, we can make bail. We won’t spend weeks or months in custody on that bogus charge because we can’t scrape together a few thousand dollars. Maybe we’ll spend the weekend in jail, because cops love to arrest you Friday afternoon, but we’ll get out in a few days at most, and in the meantime we won’t lose our jobs. Because we have families and support systems, if we do get thrown in jail on a bogus job by an angry cop, the Department of Child and Family Services won’t take away our children, plunging us into another broken system we have neither the money nor the knowledge to navigate. If the cops tow or impound our car, we can afford to pay the few hundred to few thousand dollars to get it out, and we won’t lose our jobs for lack of transportation. Even if we do lose our jobs because of a bogus and retaliatory arrest, we have savings, and families with savings, and we won’t swiftly lose our homes. If the police choose to retaliate against our silence with petty tickets and infractions and fines rather than arrest, we can fight them or absorb them.

That’s a privilege. Poor people don’t have it. Poor people live on the razor’s edge, and a bogus retaliatory arrest can destroy them. Retaliatory and capricious enforcement of petty crimes and infractions can destroy them financially. Police wield disproportionate power over them, and the criminal justice system and its agendas (like the War on Drugs) disproportionately impacts them. Police are more likely to use force against poor people and for the most part can do so without any significant risk of discipline.

When you and I weigh the downside risks of shutting up against the downside risks of talking, our downside risks are milder, and can be endured. People without our resources face a must starker choice: talk, and incriminate themselves, or shut up, and face an array of consequences they may not be equipped to survive.

Ken White, “The Privilege To Shut Up”, Popehat, 2014-01-15

June 13, 2014

Supreme Court rules unanimously in favour of internet privacy

Filed under: Cancon, Law, Liberty, Technology — Tags: , , , , — Nicholas Russon @ 13:11

Some great news on the privacy front, this time a decision handed down by the Supreme Court of Canada, as reported by Michael Geist:

This morning another voice entered the discussion and completely changed the debate. The Supreme Court of Canada issued its long-awaited R. v. Spencer decision, which examined the legality of voluntary warrantless disclosure of basic subscriber information to law enforcement. In a unanimous decision written by (Harper appointee) Justice Thomas Cromwell, the court issued a strong endorsement of Internet privacy, emphasizing the privacy importance of subscriber information, the right to anonymity, and the need for police to obtain a warrant for subscriber information except in exigent circumstances or under a reasonable law.

I discuss the implications below, but first some of the key findings. First, the Court recognizes that there is a privacy interest in subscriber information. While the government has consistently sought to downplay that interest, the court finds that the information is much more than a simple name and address, particular in the context of the Internet. As the court states:

    the Internet has exponentially increased both the quality and quantity of information that is stored about Internet users. Browsing logs, for example, may provide detailed information about users’ interests. Search engines may gather records of users’ search terms. Advertisers may track their users across networks of websites, gathering an overview of their interests and concerns. “Cookies” may be used to track consumer habits and may provide information about the options selected within a website, which web pages were visited before and after the visit to the host website and any other personal information provided. The user cannot fully control or even necessarily be aware of who may observe a pattern of online activity, but by remaining anonymous – by guarding the link between the information and the identity of the person to whom it relates – the user can in large measure be assured that the activity remains private.

Given all of this information, the privacy interest is about much more than just name and address.

Second, the court expands our understanding of informational privacy, concluding that there three conceptually distinct issues: privacy as secrecy, privacy as control, and privacy as anonymity. It is anonymity that is particularly notable as the court recognizes its importance within the context of Internet usage. Given the importance of the information and the ability to link anonymous Internet activities with an identifiable person, a high level of informational privacy is at stake.

Third, not only is there a significant privacy interest, but there is also a reasonable expectation of privacy by the user. The court examines both PIPEDA and the Shaw terms of use (the ISP in this case) and concludes that PIPEDA must surely be understood within the context of protecting privacy (not opening the door to greater disclosures) and that the ISP agreement was confusing at best and may support the expectation of privacy. With those findings in mind:

    in the totality of the circumstances of this case, there is a reasonable expectation of privacy in the subscriber information. The disclosure of this information will often amount to the identification of a user with intimate or sensitive activities being carried out online, usually on the understanding that these activities would be anonymous. A request by a police officer that an ISP voluntarily disclose such information amounts to a search.

Fourth, having concluded that obtaining subscriber information was a search with a reasonable expectation of privacy, the information was unconstitutionally obtained therefore led to an unlawful search. Addressing the impact of the PIPEDA voluntary disclosure clause, the court notes:

    Since in the circumstances of this case the police do not have the power to conduct a search for subscriber information in the absence of exigent circumstances or a reasonable law, I do not see how they could gain a new search power through the combination of a declaratory provision and a provision enacted to promote the protection of personal information.

Update, 7 July: A few weeks later, the US Supreme Court also made a strong pro-privacy ruling, this one mandating a warrant for police to search the contents of a cellphone.

Politico‘s Josh Gerstein has more on the ruling in in Riley v. California:

The Supreme Court’s blunt and unequivocal decision Wednesday giving Americans strong protection against arrest-related searches of their cell phones could also give a boost to lawsuits challenging the National Security Agency’s vast collection of phone call data.

Chief Justice John Roberts’s 28-page paean to digital privacy was like music to the ears of critics of the NSA’s metadata program, which sweeps up details on billions of calls and searches them for possible links to terrorist plots.

“This is a remarkably strong affirmation of privacy rights in a digital age,” said Marc Rotenberg of the Electronic Privacy Information Center. “The court found that digital data is different and that has constitutional significance, particularly in the realm of [the] Fourth Amendment…I think it also signals the end of the NSA program.”

Roberts’s opinion is replete with rhetoric warning about the privacy implications of access to data in individuals’ smart phones, including call logs, Web search records and location information. Many of the arguments parallel, or are virtually identical to, the ones privacy advocates have made about the dangers inherent in the NSA’s call metadata program.

June 9, 2014

Indianapolis police “needed a mine-resistant vehicle to protect against a possible attack by veterans returning from war”

Filed under: Law, Military, USA — Tags: , , , — Nicholas Russon @ 07:41

When you dress and act like an occupying army, eventually the citizenry will view you as just that:

Inside the municipal garage of this small lakefront city [Neenah, Wisconsin], parked next to the hefty orange snowplow, sits an even larger truck, this one painted in desert khaki. Weighing 30 tons and built to withstand land mines, the armored combat vehicle is one of hundreds showing up across the country, in police departments big and small.

The 9-foot-tall armored truck was intended for an overseas battlefield. But as President Obama ushers in the end of what he called America’s “long season of war,” the former tools of combat — M-16 rifles, grenade launchers, silencers and more — are ending up in local police departments, often with little public notice.

During the Obama administration, according to Pentagon data, police departments have received tens of thousands of machine guns; nearly 200,000 ammunition magazines; thousands of pieces of camouflage and night-vision equipment; and hundreds of silencers, armored cars and aircraft.

The equipment has been added to the armories of police departments that already look and act like military units. Police SWAT teams are now deployed tens of thousands of times each year, increasingly for routine jobs. Masked, heavily armed police officers in Louisiana raided a nightclub in 2006 as part of a liquor inspection. In Florida in 2010, officers in SWAT gear and with guns drawn carried out raids on barbershops that mostly led only to charges of “barbering without a license.”

[...]

The number of SWAT teams has skyrocketed since the 1980s, according to studies by Peter B. Kraska, an Eastern Kentucky University professor who has been researching the issue for decades.

The ubiquity of SWAT teams has changed not only the way officers look, but also the way departments view themselves. Recruiting videos feature clips of officers storming into homes with smoke grenades and firing automatic weapons. In Springdale, Ark., a police recruiting video is dominated by SWAT clips, including officers throwing a flash grenade into a house and creeping through a field in camouflage.

In South Carolina, the Richland County Sheriff’s Department’s website features its SWAT team, dressed in black with guns drawn, flanking an armored vehicle that looks like a tank and has a mounted .50-caliber gun.

Update: It’s not just Wisconsin or Indiana … even Maine feels the threat.

June 2, 2014

Still no answers in the Miriam Carey case

Filed under: Government, Law — Tags: , , — Nicholas Russon @ 09:53

Scott Greenfield at the Simple Justice blog wonders why there are still no answers to the questions about what happened at the south gate to the White House that day in 2013. The lawyer for Miriam Carey’s family is exasperated with the delay:

“It’s just bizarre. What’s so complex about this incident? It’s a police shooting. You know who the parties are. You know who discharged their weapons. I mean, c’mon, it’s not complex. We should have known within in a week or two. I don’t understand what’s taking so long,”

DC Metro police say the incident is still under investigation, and won’t answer any questions about it. Why is the story being withheld from the public?

That’s an excellent question, as the answer appears to be that Carey, with her daughter in the back seat, made a wrong turn into the south gate of the White House, panicked, u-turned and drove away. And so the police started firing.

When Mike Paar sent me a link to this story, it was because this otherwise “insignificant” story was curious, as it was now eight months old and there were no answers. But for the World Net Daily article, which billed the killing as “fascinating,” it would have easily fallen into obscurity, a one-day wonder story.

When it was included in a post here, it didn’t warrant any particular scrutiny. The ramming of a barricade was still the explanation du jour, and its interest was found in the need to shoot the fleeing car. Because they need to shoot at fleeing cars, which the Supreme Court says is fine.

Once the story is stripped of its ramming the barricade myth, however, there is no justification under Tennessee v. Garner as there was no fleeing felon. There was only an embarrassed dental hygienist. With her one-year-old in the back seat.

Now knowing that there was no barricade ramming, no drugs, no mental illness, the story of Miriam Carey’s death becomes even less interesting, and yet more a story of importance. If, as believed, this was an overreaction by police to a woman who made a wrong turn, who then shot her to death and is now burying their mistake by invoking excuse number 4, and no one cares, we’ve got another problem.

May 5, 2014

“[M]ost Canadian law societies report members to police. The [LSUC] does not.”

Filed under: Cancon, Law — Tags: , , , , — Nicholas Russon @ 08:17

The Toronto Star‘s Kenyon Wallace, Rachel Mendleson and Dale Brazao investigate the Law Society of Upper Canada (LSUC) and find it does not report members for criminal activity to the police:

They treat client trust accounts as their personal piggy banks, facilitate multi-million-dollar frauds and drain retirement savings of the elderly.

While most lawyers caught stealing from their clients are reprimanded, suspended or disbarred by the profession’s regulator, the vast majority avoid criminal charges, a Star investigation reveals.

The Star found that more than 230 lawyers sanctioned for criminal-like activity by the Law Society of Upper Canada in the last decade, stole, defrauded or diverted some $61 million held in trust funds for clients.

Fewer than one in five were charged criminally. Most avoided jail.

“I truly believe there are two laws — a set of rules and regulations for lawyers and a different set for everyone else,” said Richard Bikowski, who was fleeced out of $87,500 by now-disbarred Toronto lawyer Lawrence Burns.

Unlike the law societies in most other provinces, the Law Society of Upper Canada does not, as a rule, report suspected criminal acts by its members to police, no matter how much money lawyers steal.

[...]

Of the more than 1,000 discipline decisions made by the law society in the last 10 years, the Star identified 236 cases in which lawyers were sanctioned for offences that were characterized by our analysis as criminal, including theft, fraud, breach of trust, forgery and perjury.

The Star could find criminal charges for only 41 of these lawyers. In more than half of cases where criminal charges were laid, the law society sanction came after. Of those bad lawyers sentenced criminally, the punishments were generally lenient, ranging from house arrest to community service. The Star found that only 12 went to jail.

Why do so many lawyers who steal from their clients avoid criminal justice?

A big reason is that the law society in practice does not report alleged criminal offences by its members to police.

The Constitution-free zone near the US border

Filed under: Law, Liberty, USA — Tags: , , , , , — Nicholas Russon @ 07:48

A recent decision by a federal appeal court expands the already very broad opportunities for police and border agents to stop and search travellers near the US border:

A federal appeals court just ruled that the police have a legal right to stop, search and arrest you for innocent behavior including driving with your hands at the ten-and-two position on the steering wheel at 7:45 p.m., taking a scenic route and having acne.

To the Tenth U.S. Circuit Court of Appeals, these factors added up to fit the profile of a person smuggling undocumented immigrants and drugs. The court said, “Although the factors, in isolation, may be consistent with innocent travel … taken together they may amount to reasonable suspicion.”

In other words, the police can now stop you for no reason at all. Law enforcement just needs to add a sinister context to your behavior, and off you go to jail. The court endorsed this expansion of aggressive police behavior in USA v. Cindy Lee Westhoven, No. 13-2065.

[...]

Incredibly the court found that this scenario created a reasonable suspicion for an “investigative stop.” By inserting a context that would make every driver guilty, the court upheld this belligerent law enforcement:

The officer said he spotted the car because “her arms were ‘straight and locked out’ at a ‘ten-and-two position on the steering wheel,’ — as everyone is taught in driver’s ed in high school. He was also suspicious because the road was used primarily by locals in New Mexico, and Westhoven had Arizona plates. She had acne scarring, “indicating to him she might be a methamphetamine user.” He also thought the shopping was better in Tucson than Douglas, so this was also “suspicious.”

“The dark tinted windows on Ms. Westhoven’s truck raised Agent Semmerling’s suspicion that she might be concealing something or someone in the back of her truck,” the court added.

The time happened to be between a 6-to-8 p.m. border patrol shift change, and the cop inferred that Westhoven was a smuggler trying to exploit that two-hour window. Westhoven was nervous, taking long pauses and shaking — which apparently signaled criminality.

The final nail for Westhoven was that she had two cell phones visible in the car. The cop said this was a common practice for drug smugglers. It is also common for people who have a business phone and a personal phone.

April 24, 2014

UKIP’s Nigel Farage as the Tories want you to see him

Filed under: Britain, Humour, Politics — Tags: , , , — Nicholas Russon @ 09:25

The Torygraph‘s Tom Chivers has unearthed a photo that will shake the very foundations of the British political scene!

Prepare to be AMAZED. The photo of Nigel Farage that the Ukip ESTABLISHMENT didn’t want you to see:

Nigel Farage as a punk

It’s not so much the fact that he’s such an awful rebel, with no respect for the great British institution of the police, that’s embarrassing for the Ukip leader. The real problem is that this photo was apparently taken in 1983 and Mr Farage still looks about 40.

Of course, it’s not just this damning and clearly not at all Photoshopped photo, which has been doing the rounds on Twitter because of its obvious veracity. There are dozens of equally upsetting Farage photos which his party apparatchiks have been desperately trying to ban.

Beyond civil disobedience lies a second civil war

Filed under: Americas, Government, Military, USA — Tags: , , , — Nicholas Russon @ 00:01

A short quote posted at KA-CHING! led me to this very alarming blog post at Taxicab Depressions:

Mr Wheeler replied, “There is certainly no shortage of guns and corruption in Central America. If you have the means to smuggle a ton of cocaine, you can probably smuggle a ton of guns, too. But this was easier… the Justice Department and the ATF made the contacts and set up the networks, told the gun shops to cooperate, so all the Mexicans had to do was send in a straw buyer, make the purchase, and move the weapons south of the border.”

I said, “These people aren’t very smart… there are something like 300 million guns in America, and they have a robust shelf life. Even if all gun manufacturing stopped tomorrow, there would still be an abundance of guns in America for decades. The only way to disarm Americans is mass confiscation, and I feel pretty certain that would spark a civil war. I know several gun owners that would rather fight than give up their guns.”

Mr. Wheeler said, “Oh, I know dozens… perhaps hundreds that feel the same way. I really don’t think confiscation is something you need to worry about, because it will never work. There are simply too many of them, and too many people have guns that there is no record of. A confiscation program would only piss off the most dangerous people in America… the people who would shoot back. You are correct, a mass confiscation would provoke a civil war.”

I said, “Well, you are a military man… what would that look like?”

Wheeler said, “Well, it wouldn’t look like the first Civil War… no lines of men standing in ranks and shooting across a field at each other, no “North and South” or sharply defined state lines for friendly and enemy territories, at least, not in the beginning. No, it would look more like Iraq or Afghanistan, with house to house fighting, IED’s, snipers, small factions and independent militias operating on their own, refugees streaming away from battle zones in all directions…”

“But the first question to ask is who would the combatants be? I mean, the Army isn’t going to just roll out onto the street in tanks on day one, so my guess is that it would start out as a police action, with Federal agencies like ATF and FBI taking the lead, supported by local law enforcement. But once people start shooting back, they would have to ratchet things up, do things like institute curfews and roadblocks, and they would eventually try to press the various state Guard units into service. That’s where it all goes squirrelly, because both local law enforcement and the Guard will be riddled with people who support gun rights, regardless of what laws the politicians pass, and they won’t be crazy about having to police, and maybe even fight against, their own people. The Governors may well object to the state Guard units being activated and may not wish to cooperate…”

“And it is not clear to me how many LEO and Guardsmen would remain loyal to the government and how many would join the “rebellion”. My guess is that both sides would be riddled with defections, informants, and spies. But what if, say, the Gulf states like Texas, Alabama, Louisiana, Mississippi, Georgia, and Florida secede, and they take control of all military bases and equipment, and you suddenly have gone from an insurgency with rifles to a breakaway nation, or maybe several breakaway nations, armed with fighter jets, drones, tanks, and a navy? Whoo, buddy… now all bets are off… kiss posse comitatus goodbye. This would be the ugliest thing this county has ever seen…”

I asked him several “what if” questions and let him riff on them… I just let him talk and wargame out the Second Civil War, there in the back seat of my car as we drove to the airport, and he painted a picture of horrific death and destruction. Once this conflict started, even the best-case scenarios he described sounded truly grim. He seemed to believe that civilian casualties would be extremely high, given how much fighting would centered in and around large cities, and that food would be used as a weapon, causing famine and starvation on a terrifying scale. Booby traps, IED’s, rampant bombings, drone strikes, snipers, local-level assassinations, mortars and shelling, death squads (both government and rebel), reprisal killings, torture… it sounded more like the Middle East than middle America.

Wheeler got quiet for a few moments, and then he said something that I will never, ever forget.

“These people are playing with matches… I don’t think they understand the scope and scale of the wildfire they are flirting with. They are fucking around with a civil war that could last a decade and cause millions of deaths… and the sad truth is that 95% of the problems we have in this country could be solved tomorrow, by noon… simply by dragging 100 people out in the street and shooting them in the fucking head.”

April 15, 2014

Militarization of the police, pervasive surveillance, incarceration rates, and other police state trappings

Filed under: Government, Liberty, USA — Tags: , , , — Nicholas Russon @ 10:24

An email from Rupert included a link to this infographic illustrating the “progress” of the United States toward a police state:

Click image to see full infographic

Click image to see full infographic

It’s easy to poke fun at people who worry about the ever-growing state involvement in everyday life … well, it used to be fun until the NSA’s incredible list of surveillance programs became known. Now, paranoia is the rational state for anyone concerned with their privacy and freedom of speech. We had Godwin’s Law, which provided a useful rule of thumb for when internet arguments had passed the point of no return. This is a rare example of an argument that meets the condition of Godwin’s Law (in the infographic), yet still remains relevant.

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