Quotulatiousness

September 25, 2011

Police “told her she had to stay tied up until they could document the scene, which she said took five hours”

Filed under: Cancon, Law — Tags: , , , — Nicholas @ 11:35

A new lawsuit has been filed in the Russell Williams case:

Laurie Massicotte was a neighbour of Williams in Tweed, Ontario, and was bound, stripped and sexually assaulted in September 2009.

The Toronto Star reported, the more than $7-million law suit filed on Friday claims police failed to provide her with any information about the identity of her assailant while he remained her neighbour for five months following the assault.

Massicottee told the Star, it was only after her assault that she heard another woman who lived on the street had been sexually assaulted twelve days before she was attacked.

She also said after she called the police, they told her she had to stay tied up until they could document the scene, which she said took five hours.

The police left a rape victim tied up for five hours? No wonder she’s suing the Ontario Provincial Police!

September 21, 2011

Tories drop “lawful access” provisions from omnibus crime bill

Filed under: Cancon, Law, Liberty, Technology — Tags: , , , , — Nicholas @ 12:16

That’s a bit of good news on the civil liberties front:

A controversial Internet surveillance bill has been omitted from the federal Conservative party’s proposed crime legislation.

Today, Canadian Minister of Justice and Attorney General Rob Nicholson held a press conference to introduce the Conservatives’ promised omnibus crime act, titled The Safe Streets and Communities Act, which focuses on crime and terrorism. However, an expected component of the act regarding Internet surveillance known as “Lawful Access” legislation was nowhere to be found.

The set of Lawful Access bills would have warranted Canadian law enforcement and intelligence agencies the power to acquire the personal information and activity of web users from internet service providers (ISPs). ISPs would also be required by an additional provision to install surveillance equipment on their networks.

The legislation would essentially give law enforcement the ability to track people online without having to obtain a warrant. The federal NDP and Green parties, and civil liberties groups among others decried the bill as overly-invasive, dangerous and potentially costly for internet users.

That’s the good news. The rest of the bill, as Grace Scott points out, is awash with “tough on crime” noises:

The Safe Streets and Communities Act will increase penalties for sex offenders, those caught with possession or producing illicit drugs for the purposes of trafficking, and intends to implement tougher sentencing on violent and repeat youth crime. It also plans to eliminate the use of conditional sentences, or house arrest, for serious and violent crimes.

September 12, 2011

The increasing militarization of the police

Filed under: Government, Law, Liberty, USA — Tags: , , , , — Nicholas @ 12:50

Radley Balko shows how the tools given to the authorities to fight the war on terror have instead been used to further expand the war on drugs:

New York magazine reported some telling figures last month on how delayed-notice search warrants — also known as “sneak-and-peek” warrants — have been used in recent years. Though passed with the PATRIOT Act and justified as a much-needed weapon in the war on terrorism, the sneak-and-peek was used in a terror investigation just 15 times between 2006 and 2009. In drug investigations, however, it was used more than 1,600 times during the same period.

It’s a familiar storyline. In the 10 years since the terror attacks of September 11, 2001, the government has claimed a number of new policing powers in the name of protecting the country from terrorism, often at the expense of civil liberties. But once claimed, those powers are overwhelmingly used in the war on drugs. Nowhere is this more clear than in the continuing militarization of America’s police departments.

The trend toward a more militarized domestic police force began well before 9/11. It in fact began in the early 1980s, as the Regan administration added a new dimension of literalness to Richard Nixon’s declaration of a “war on drugs.” Reagan declared illicit drugs a threat to national security, and once likened America’s drug fight to the World War I battle of Verdun. But Reagan was more than just rhetoric. In 1981 he and a compliant Congress passed the Military Cooperation with Law Enforcement Act, which allowed and encouraged the military to give local, state, and federal police access to military bases, research, and equipment. It authorized the military to train civilian police officers to use the newly available equipment, instructed the military to share drug-war–related information with civilian police and authorized the military to take an active role in preventing drugs from entering the country.

[. . .]

The problem with this mingling of domestic policing with military operations is that the two institutions have starkly different missions. The military’s job is to annihilate a foreign enemy. Cops are charged with keeping the peace, and with protecting the constitutional rights of American citizens and residents. It’s dangerous to conflate the two. As former Reagan administration official Lawrence Korb once put it, “Soldiers are trained to vaporize, not Mirandize.” That distinction is why the U.S. passed the Posse Comitatus Act more than 130 years ago, a law that explicitly forbids the use of military troops in domestic policing.

Update: Also from Radley, a look inside the SWAT team leader’s world.

[. . .] note the complete disregard for the rights of the people being raided in the excerpt above. The author is actually suggesting SWAT commanders lobby to have their teams deployed in situations for which they normally wouldn’t be to ensure they’re in good practice. Put another way, he suggests they practice their door smashing, room-clearing, flash-grenade deploying, and other paramilitary tactics on less-than-violent people, so they’re in better form when a real threat arises. Never mind that there are going to be living, breathing, probably bleeding people on the receiving end of these “practice” raids. There’s officer safety and “SWAT team profile” to think about. It’s just an appalling mindset.

September 8, 2011

The bold gendarmes, redux

Filed under: Britain, Law, Liberty — Tags: — Nicholas @ 09:24

David Hughes has a list of recent events showing the modern British police attitude:

Last week, this newspaper carried a striking photograph of a passer-by at the Notting Hill Carnival trying to trip up a young knifeman who appeared to have just stabbed someone.

At the back of the picture, a man was clutching a bleeding stomach wound. On the left were two uniformed police officers, watching events unfold. They appear to have made no attempt to intercept the man: indeed, he seems to have run right past them. It was left to the sightseer — later identified as Valentine Simatchenko, a former Russian policeman — to try to intervene. Fortunately, the man with the knife was later arrested and charged.

[. . .]

The common theme in all these cases — and many more — is the institutional petulance displayed by some police officers. They throw their weight around because they can; they go for the easy, not the hard, arrests; they act as though they are the law, rather than its upholders. Such officers may be a small minority, but they have a disproportionately damaging impact on the image of the police. It has helped sour the force’s relationship with those who should be its natural allies.

As you can see, this isn’t new, although it seems much more prevalent than back in the day:

H/T to Chris Greaves for the original link.

September 7, 2011

Brendan O’Neill – The Riots: A Mob Made By The Welfare State?

Filed under: Britain, Government, Liberty, Media — Tags: , , , , , — Nicholas @ 12:14

September 3, 2011

US troops allegedly handcuffed and executed children in 2006

Filed under: Middle East, Military, USA — Tags: , , , , , — Nicholas @ 11:05

Wikileaks may have been sitting on a particularly disturbing report:

A U.S. diplomatic cable made public by WikiLeaks suggests that U.S. troops executed at least 10 Iraqi civilians, including a woman in her 70s and a 5-month-old infant, then called in an airstrike to destroy the evidence, during a controversial 2006 incident in the central Iraqi town of Ishaqi.

The unclassified cable, which was posted on WikiLeaks’ website last week, contained questions from a United Nations investigator about the incident, which had angered local Iraqi officials, who demanded some kind of action from their government. U.S. officials denied at the time that anything inappropriate had occurred.

But Philip Alston, the UN’s special rapporteur on extrajudicial, summary or arbitrary executions, said in a communication to American officials dated 12 days after the March 15, 2006, incident that autopsies performed in the Iraqi city of Tikrit showed that all the dead had been handcuffed and shot in the head. Among the dead were four women and five children. The children were all 5 years old or younger.

Claims of American troops committing atrocities were very common, but few of them appear to have been anything other than Al Qaeda propaganda exercises. This may well be another case of this, but the initial investigation implied otherwise:

The original incident report was signed by an Iraqi police colonel and made even more noteworthy because U.S.-trained Iraqi police, including Brig. Gen. Issa al Juboori, who led the coordination centre, were willing to speak about the investigation on the record even though it was critical of American forces.

Throughout the early investigation, U.S. military spokesmen said that an Al Qaeda in Iraq suspect had been seized from a first-floor room after a fierce fight that had left the house he was hiding in a pile of rubble.

But the diplomatic cable provides a different sequence of events and lends credence to townspeople’s claims that American forces destroyed the house after its residents had been shot.

Do celebrities get better treatment from the police?

Filed under: Football, Law, USA — Tags: , , , — Nicholas @ 10:37

It was interesting to read in this story about the wife of former Viking tight end Joe Senser, that the police waited for a warrant before searching the vehicle, even though the family had given permission:

Phanthavong, 38, was killed as he was putting gas in his car after it ran out of fuel on the ramp leading from westbound Interstate 94 to Riverside Avenue about 11 p.m. He was head cook at True Thai, a restaurant on nearby Franklin Avenue.

He was hit directly by Senser’s vehicle and propelled into the air, Schwebel said. Blood was found on the parts of the Mercedes left at the scene, according to a search warrant.

Investigators received a call at 10:30 p.m. on Aug. 24 from Nelson indicating he was calling on behalf of the registered owner of the suspected vehicle and the owner’s family.

At their Edina home, the Sensers gave investigators the keys to their 2009 Mercedes ML350 and it was towed to the Hennepin County Sheriff’s Office crime lab.

The family gave investigators permission to search the vehicle, but authorities waited until they obtained a search warrant, Nelson said.

August 31, 2011

Some good advice to young law enforcement employees

Filed under: Government, Humour, Law — Tags: , — Nicholas @ 16:09

Ken at Popehat used to be a 26-year-old federal prosecutor. He learned a few things on the job:

But even at 26 I had a certain rudimentary old-mannish quality, and it occurred to me to ask — does that sound too good? So during lunch I wandered into the office of the U.S. Attorney — who had been my supervisor in rookie row not long before — to talk about it.

He listened sympathetically. Then he told me. “Ken,” he told me, “if your reaction to a proposal is “HOLY SHIT, THAT SOUNDS LIKE FUN,” then as a government lawyer and member of law enforcement, you almost certainly shouldn’t be doing it.”

It was a hard rule, but one that served me well for the rest of my government career. It helped me avoid some foolish cinematic flourishes, some bad but tempting decisions, and some social events. (Take, for instance, the local ATF’s notorious big-guns-and-barbecue-in-the-desert gatherings. Holy shit, that sounds like fun, doesn’t it? Yeah. Never attend a desert barbecue-and-gun-extravaganza by a federal agency that vacillates between “WHOOOOOOOOOOOOOO FUCK YEAH” and “Hey guys, watch this!” as a motto.)

Regrettably, many in law enforcement do not follow this simple rule. So some cops can be induced to do extremely foolish things — things that will shatter the constitutional rights of citizens, things that will expose them to vast liability, things that will threaten innocents with death — while under the influence of toys, cameras, celebrities, and tactical plans that wouldn’t make the table read in an A-Team sequel.

August 18, 2011

Omnibus bills: Canada’s equivalent to “riders” on US legislation

Filed under: Cancon, Law, Liberty, Technology — Tags: , , , — Nicholas @ 12:09

An omnibus bill is a collection of several individual bills that may or may not have been able to pass muster individually. It’s (from the government’s point of view) a great way to get a lot of legislative changes through parliament in relatively short order, but it encourages legislators to include their pet projects and special causes because of the decreased opportunity for opposition. The Conservative government’s proposed omnibus crime bill is a good example of this, as it is likely to incorporate warrantless data searches for police:

When Canada’s Conservatives took the most votes in the May 2011 federal election, Prime Minister Stephen Harper said that an “omnibus” security/crime bill would be introduced within 100 days. The bill would wrap up a whole host of ideas that were previously introduced as separate bills — and make individual ideas much more difficult to debate. A key part of the omnibus bill will apparently be “lawful access” rules giving police greater access to ISP and geolocation data — often without a warrant — and privacy advocates and liberals are up in arms.

Writing yesterday in The Globe & Mail, columnist Lawrence Martin said that the bill “will compel Internet service providers to disclose customer information to authorities without a court order. In other words — blunter words — law enforcement agencies will have a freer hand in spying on the private lives of Canadians.”

He quotes former Conservative public safety minister Stockwell Day, now retired, as swearing off warrantless access. “We are not in any way, shape or form wanting extra powers for police to pursue [information online] without warrants,” Day said—but there’s a new Conservative sheriff in town, and he wants his “lawful access.”

How bad were the last set of “lawful access” proposals? This bad:

Even the government’s own Privacy Commissioner is upset about the lawful access idea. On March 9, Privacy Commissioner Jennifer Stoddart sent a letter to Public Safety Canada in which she and other provincial privacy officials said the bill would “give authorities access to a wide scope of personal information without a warrant; for example, unlisted numbers, e-mail account data and IP addresses. The Government itself took the view that this information was sensitive enough to make trafficking in such ‘identity information’ a Criminal Code offence. Many Canadians consider this information sensitive and worthy of protection, which does not fit with the proposed self-authorized access model.”

“In our view, law enforcement and security agency access to information linking subscribers to devices and devices to subscribers should generally be subject to prior judicial scrutiny accompanied by the appropriate checks and balances.”

H/T to Brian Switzer for the link.

The comfortable myth that the London rioters were “incited” by Facebook and Twitter

Filed under: Britain, Law, Technology — Tags: , , , , , — Nicholas @ 09:41

Brendan O’Neill points out the absurdity of the notion that the rioters in London and other English cities were organized and co-ordinated by use of social media like Facebook and Twitter:

The nonsense notion that the riot was orchestrated by thugs on social media is exposed in the fact that Twitter and Facebook and BlackBerry Messenger were stuffed with rumour and misinformation during the nights of rioting, rather than with clear instructions for where and how to cause mayhem. The use of social media was secondary to the violence itself, which sprung from the fact that urban youth now seem to have so little moral or emotional attachment to the communities they live in that they are willing to smash them up, and the fact that the police, the so-called guardians of public safety, had no clue how to respond and therefore stood back and let it happen. Incapable even of acknowledging, far less discussing, this combination of urban social malaise and crisis of state authority which inflamed the riots and allowed them to spread, our rulers prefer instead to fantasise that England was simply rocked by opportunists who love a bit of violence. And to fantasise that taking away their BlackBerries or restricting what they can say on Facebook — that is, curtailing youths’ freedom of speech — will make everything okay again.

August 15, 2011

QotD: Trying to look tough once the fight is over

Filed under: Britain, Government, Law, Media, Quotations — Tags: , , , , , — Nicholas @ 12:05

It’s hard to know which is more pathetic: the short-lived cheap bravado of those looters (which sometimes turned to weeping and wailing in court); or the belated show of phoney toughness from government ministers and police chiefs. The authorities have put on a hardman act in the days since the riot — from staging theatrical police raids to sending chumps to jail for months for stealing chewing gum or bottled water — to try to cover up the institutional impotence they displayed when it mattered, in the middle of the trouble that began in London last week.

The more canny looters wore face masks to hide their true identities. The authorities have now donned an iron mask in a desperate bid to conceal the confusion, fear and moral cowardice in high places that was exposed at the time. Everybody is up in arms about the way that rioters allegedly exploited BBM (Blackberry Messenger) and other social media to promote their illegitimate ‘cause’. The government meanwhile has been busy exploiting the weakness of the MSM (Mainstream Media) to get the dubious message of their ‘fightback’ across to their target audience.

Those braggartly idiots who posed for grinning Facebook photos with their hoard of stolen loot have naturally attracted ridicule and contempt. There has been little or no criticism of the way that the authorities have contrived swaggering media coverage of small armies of riot cops raiding suspected looters’ homes, supposedly to show that they are in control and did not really panic when faced with a few hundred barely organised looters and arsonists.

Mick Hume, “Theatrical ‘fightback’ turns to farce”, Spiked, 2011-08-15

August 12, 2011

“The riots have confirmed … the gaping chasm between Britain’s elites and its white working-class natives.”

Filed under: Britain, Law, Media, Politics — Tags: , , , — Nicholas @ 12:30

The problem, according to the governing class, is not the rioters — it’s the people who want to stop the rioters:

And so it has been this week, which kicked off with reckless rioting by multi-ethnic yoof in inner-city patches, yet which ended, bizarrely but at the same time predictably, with an orgy of elite handwringing about those non-rioting white working classes who haunt London’s suburbs. That some of ‘these people’ dared to patrol their streets, to set up miniature citizen armies to see off the chancers and tricksters of the looting lobby, has been treated as the No.1 threat now facing Britain. They are a ‘white mob’, we are told, who could precipitate a ‘race war’. According to the deputy mayor of London, Kit Malthouse, their community-protection antics are ‘deeply undesirable’. Come on Kit, you can say it: you think these people are ‘undesirables’.

This riotous week has confirmed that the great and the good of Great Britain don’t have much in the way of a shared morality anymore. At the start of the week, the political class, cops and Fourth Estate all proffered various explanations for the youthful violence, often pointing the finger of blame at each other in a moral stand-off not dissimilar to the final scene in Reservoir Dogs. Yet by Friday they were tentatively re-linking arms around the one thing they agree on: that there is nothing scarier — nothing — than the sight of 100+ white blokes on the streets, shouting things in those gruff voices they have. You may have looked at the groups of men in Enfield and Eltham and seen working people keen to protect their homes and shops, but the upper echelons of society, through their snob-goggles, saw the emergence of an English version of the Third Reich — they saw ‘race hate’ and ‘fascists patrolling the streets’.

[. . .]

Note to the cultural elite: Just because someone is white and possibly a labourer and not currently glued to the American remake of The Killing, that doesn’t mean he is a fascist. The police’s PR assault on the ‘vigilantes’ in Enfield and Eltham, suburbs with large white working-class communities, shows that what the cops lack in riot-tackling skills they more than make up for with shamelessness. This is a force so paralysed by risk-aversion, so witlessly scared of provoking controversy, that this week it effectively stood back and allowed young people to loot shops, burn cars and destroy homes. It seems that in the morally inverted world of the modern police, such destruction is a price worth paying if it means their own officers don’t get a graze or PTSD. Upon what moral authority is the Met now telling working people not to patrol their communities? Cops bussed into a suburb might consider it acceptable to allow youth to smash things up in the hope that they’ll eventually tire, but for the people who live in those suburbs, who have a moral, emotional and economic attachment to them, that really isn’t an option. It takes brazenness to a brand new level for a state which failed to police the streets to libel those citizens who decided to do it for themselves.

August 11, 2011

You have to wonder why it took them this long

Filed under: Law, Media, Technology — Tags: , , , , — Nicholas @ 12:20

The New York City police department announced that it’s setting up a group to monitor Facebook, Twitter, and other social media in order to detect criminals who are stupid enough to boast about their crimes online:

According to The New York Daily News, freshly-appointed assistant commissioner Kevin O’Connor — styled as the NYPD’s “online and gang guru” — will head the new unit, which will trawl Web 2.0 for information on “troublesome house parties, gang showdowns, and other potential mayhem”.

The idea is to pinpoint net-savvy un-savvy juveniles who divulge their criminal plans on the web or boast about crimes already committed. You might think of them as Idiots 2.0.

In his former post with a north Manhattan gang unit, O’Connor apparently tapped the net for vital information on “a number” of shooting cases. In March, the Daily News says, the NYPD nabbed an eighteen-year-old who was part of a fatal beating after he boasted about the killing on Facebook.

August 10, 2011

Contrasting the London police response now to the 1980s

Filed under: Britain, Government, Law — Tags: , , — Nicholas @ 09:45

Back in the bad old days, Mick Hume was active with the Revolutionary Communist Party. He contrasts the muscular (and, to be frank, horrifyingly racist and inhumane) police response to rioting in the Broadwater Farm riots of 1985 with the diffident, hyper-restrained actions of the London police this week:

Back then the police acted as the frontline of a state at war with sections of its own population, determined to hold the line at all costs in an all-out battle for control. By contrast, this week the police have more often looked as if they don’t even know where the line might be and are fearful of crossing it. They have allowed people to run riot. Even when they confronted looters, the abiding images were of officers waving their sticks around in the air like boys trying to appear tough without risking a real confrontation. As the man said, they looked ‘impotent’.

[. . .]

Recent events look less like an Eighties-style ‘uprising’ from below than a collapse of authority from the top down. The authorities have left a power vacuum that invited anybody with a brick or a shopping trolley to come and have a go. On Saturday police left people free to loot shopping centres in north London, supposedly while the Force focused on dealing with the riot in Tottenham. Yet as residents pointed out, they did nothing to stop the burning down of shops and flats there, either. Over the days that followed there were many complaints from angry shopkeepers of the Met standing back while their premises were robbed and fired.

So what did the police think they were doing while this was going on? One Met commander gave a revealing interview to Sky News, explaining that the policing of communities had changed a lot since the riots of 25 or 30 years ago. This time, he said, ‘we’re standing next to these people watching them cry because their businesses have been destroyed. We’re going to work with the partners in that local community to make sure we help them rebuild Tottenham. That’s what policing is all about.’ Call me old-fashioned, but that sounds more like a professional therapist or town planner than a police chief faced with civil disorder.

“It is effectively an invitation to riot”

Filed under: Britain, Government — Tags: , , — Nicholas @ 09:33

Brendan O’Neill is disgusted with the official response to the rioters in London:

For a Londoner like me, the saddest sight of the past four days has been the extraordinary levels of central institutional capitulation to the rioters. The police have been deployed to vast swathes of London at around lunchtime every day, where they have advised shops, restaurants, pubs and cinemas to shut up, board up, hide their valuables, and send home their staff, ‘out of harm’s way’. From Harrow in the extreme north of London, best known for its posh school, to Camberwell in the south, police have effectively been calling on what they view as decent society to retreat, to go into hiding, to insulate themselves and their property from any possible interaction with The Thugs. Their thinking seems to be that if we close down normal life, if we evacuate the streets of shoppers and socialisers, then maybe the rioters will look around, scratch their heads, give up, and go home. Of course, it has had exactly the opposite effect.

Because when you shut down normalcy in response to a bit of recreational rioting, you actually give the rioters an extraordinary feeling of power over society. You endow their relatively small-scale and completely pointless violence with disproportionate strength and influence. You effectively say to them: ‘By burning bus-stops and smashing Santanders in Hackney, you can bring all of London to a standstill!’ And when it comes to youth who seem pretty determined to display a bit of swagger and cock-of-the-walk violence, that is like waving a red rag to a bull. It is effectively an invitation to riot. By publicly advertising its fears and weaknesses, by demonstrating its abjectness and its willingness to retreat in the face of small numbers of misguided youth, society actually empowers anti-social elements and inflames their desire to have a pop. You don’t have to be a rocket scientist to know that if you skulk away from your post, then others will feel tempted to tiptoe towards it.

Indeed, it seems largely to have been this institutional cowardice, this political wretchedness, the bizarre police-and-mayoral strategy of shutting down London in response to historically quite minor disturbances, which sustained the rioting over four days and nights and allowed it to spread around the country. Certainly the rioting is not being sustained by its pursuit of a political agenda (it has none) or by public backing (it has none. And no, sympathetic columns in the Guardian written by people who live nowhere near Hackney or Salford do not count as public backing.) Rather, it was the initially startled, hands-off attitude taken by the police, followed by the strategy of capitulation, which, in the words of one academic observer, probably filled the youths with an ‘adrenalin-fuelled euphoria’. The real story of these riots, if we look at them coolly, is not so much the fury of those on the outskirts of society, but rather the cowardice of those who are supposed to guard and uphold the centre of society. The riots are a product of the interplay between this institutional incoherence and the self-pitying politics of victimhood amongst the welfare state-raised kids ‘out there’.

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