Quotulatiousness

September 4, 2009

“They shot him. Right there in court.”

Filed under: Law — Tags: , — Nicholas @ 12:54

Radley Balko links to the weirdest “cops gone wild” story I’ve encountered in quite a while:

It was just too much, having to return to court twice on the same day to contest yet another traffic ticket, and Fire Chief Don Payne didn’t hesitate to tell the judge what he thought of the police and their speed traps.

The response from cops? They shot him. Right there in court.

Note also the fascinating fact that there are 7 police officers watching over a population of 174 people. That’s an amazing level of “protection” those folks are getting.

Original story here.

Update: Bonus story from Radley’s site, Feds bust doctor for . . . meeting women on the internet. Amazing. Just freakin’ amazing.

August 31, 2009

More police hijinks in the UK

Filed under: Britain, Law — Tags: , — Nicholas @ 13:16

Natalie Solent looks at two particularly intrusive expansions of British policing. One I’ve already discussed: Police nicking goods from unlocked vehicles, but the other one is new to me:

On the same theme, Longrider has a story about the police in Northamptonshire impounding cars if the same car with foreign plates is seen twice more than six months apart. A Mr West writes:

I live in Spain for about seven months of the year and France for the other five. My Spanish-registered car was impounded in March after two short visits to the UK within nine months of each other.

At the start of 2009, a pilot scheme called Operation Andover started in Northamptonshire, with any foreign vehicle seen just twice, more than six months apart, being impounded without warning.

Once again, Mr West got his car back, eventually. But he had to fight not to pay a fee of several hundred pounds. As he points out, an enormously common reason for a foreign registered car being seen twice in the same place a year apart might be, not the effort to evade paying UK road tax that the police seem (pretend?) to suspect, but regular visitors coming to Britain at about the same time every year.

So the police can not only nick stuff out of your car, if it’s got a non-UK license plate, they can take the whole thing. Fascinating.

Tase fast . . .

Filed under: Law, Media — Tags: — Nicholas @ 12:46

Radley Balko looks at the latest television travesty in the “reality” genre:

“There’s always a good time to use a Taser.”

So says Andrea, attractive single mom and one of the four stars of the new TLC reality show, The Police Women of Broward County. The trailer with the Taser quip then cuts to the show’s stars tackling suspects, putting knees into various backs, and pointing guns. Browse other clips on the TLC website, and it seems the network can’t make up its mind whether these women are sexpots with handcuffs or girls who want to be taken seriously for kicking just as much ass as the boys. A smug poster ad campaign for the show takes the the show’s identity problem to yet crasser heights. One ad reads, “Taser Time.” Another, “Cavity Search, Anyone?”

Of course, there isn’t “always a good time to use a Taser,” as the multitude of viral web videos depicting taserings of grandmothers, pregnant women, and children will attest. TLC’s ad campaign is offensive, though merely the latest iteration of a genre of television that trivializes the state’s use of force and makes a mockery of the criminal justice system.

I’ll take Radley’s word for it that the original Cops show was not as sensationalist and exploitative as the many successors that have aired since then. Even saying that, I had my doubts that “reality” TV was an improvement over the more traditional “cop” or “investigator” shows on regular network TV.

Fox then plumbed new depths of depravity last year with Smile . . . You’re Under Arrest!, featuring Maricopa County, Arizona’s self-proclaimed “toughest sheriff in America,” Joe Arpaio. In a premise that evokes the old Arnold Schwarzenegger movie Running Man or Mike Judge’s dystopian parody Idiocracy, Sheriff Joe teams up with a crew of comedy writers and improv actors to create elaborate scenarios where “unaware criminal suspects with outstanding warrants are lured out of hiding in this high-energy prank show.”

Showing my cultural ignorance, I’d never heard of this show, but just on the basis of this description, I can imagine lots of ways it might go horribly wrong. If it hasn’t yet, I’m sure it’s got all the potential to do so in the future (assuming that it’s still on the air).

As for the SWAT programs, America has unfortunately grown comfortable with, or at least accustomed to, the idea of using SWAT teams to kick down doors and conduct volatile, confrontational raids for consensual, nonviolent crimes. We’ve seen a massive increase in these raids, from about 3,000 per year in the early 1980s to some 50,000 per year by the early 2000s. The popularity of SWAT shows didn’t cause the problem, but their popularity is sympomatic of it, and they can only further ingrain the troubling notion that there’s nothing wrong with sending a unit of cops dressed like soldiers into private homes to arrest nonviolent drug offenders. And of course, we’re never going to see the wrong-door raids, or police mistakes that result in fatalities.

Cop reality shows glamorize all the wrong aspects of police work. Their trailers depict lots of gun pointing, door-busting, perp-chasing, and handcuffing. Forget the baton-twirling Officer Friendly. To the extent that the shows aid in the recruiting of new police officers, they’re almost certainly pulling people attracted to the wrong parts of the job./p>

That last part is probably true. There are no other jobs open to the general public that provide so many opportunities to “go wrong” yet not face the realistic risk of punishment (the blue wall of silence will protect a fellow officer until — and sometimes well beyond — that officer being proven guilty of serious criminal activity). Any criticism of the police seems to be taken as a criticism of all police, and the “civilian” is always assumed to be wrong.

August 28, 2009

Richmond upon Thames police expand their services . . .

Filed under: Britain — Tags: , — Nicholas @ 12:27

. . . to include educational theft:

To teach motorists who leave their cars unlocked a lesson, police in Richmond upon Thames, a borough of London, have begun taking their stuff. The victims beneficiaries of these thefts educational efforts return to their cars and find that expensive items such as cameras, laptops, and leather jackets have been replaced by notes instructing them to retrieve their valuables at the police station. Not to worry, though: “If items are needed urgently,” the London Times reports, “police will return the goods immediately.” Which suggests that if you can’t show an urgent need for, say, your computer, they’ll take their own sweet time. The justification offered by Superintendent Jim Davis: “People would be far more upset if their property really was stolen.”

What’s worse than Davis’ assumption that when the police violate your property rights it’s not really a crime? The supine attitude of the British Automobile Association, which allegedly represents the interests of motorists:

The initiative was welcomed by the AA. “It would be quite irritating for motorists to come back to their car and find that items have gone missing. But on reflection they may think it is better that the stuff has been taken by the police rather than local thieves.

August 21, 2009

More on DNA as a crime-fighting tool

Filed under: Law, Liberty, Technology — Tags: , , — Nicholas @ 10:10

Charles Stross looks at the situation in Britain:

NDNAD, the UK’s National DNA Database, run by the Forensic Science Service under contract to the Home Office contains DNA “fingerprints” for lots of folk — 5.2% of the population as of 2005, or 3.1 million people. Some of them are criminals; some of them are clearly innocent, but were either charged with a crime and subsequently found not guilty, or had the misfortune to be detained but not subsequently charged (that is: they’re not even suspects). The Home Office takes a rather draconian view of the database’s utility, and objects strenuously to attempts to remove the records of innocent people from it — it took threats of legal action before they agreed to remove the parliamentary Conservative Party’s Immigration spokesman from the database (which he’d been added to in the course of a fruitless investigation into leaked documents that had embarrased the government) — so if senior opposition politicians have problems with it, consider the prospects for the rest of us.

In use …

Whenever a new profile is submitted, the NDNAD’s records are automatically searched for matches (hits) between individuals and unsolved crime-stain records and unsolved crime-stain to unsolved crime-stain records — linking both individuals to crimes and crimes to crimes. Matches between individuals only are reported separately for investigation as to whether one is an alias of the other. Any NDNAD hits obtained are reported directly to the police force which submitted the sample for analysis.

Now, this in itself is merely a steaming turd in the punchbowl of the right to privacy: but its use as a policing intelligence tool is indisputable. While there are some very good reasons for condemning the way it’s currently used (for example, its use in the UK has sparked accusations of racism), I can’t really see any future government forgoing such a tool completely; a DNA database of some kind is too useful. So what interests me here is the potential for future catastrophic failure modes.

Now that we’re pretty certain that DNA evidence can be easily faked, the focus of how it can be used in investigations must shift from “presence proving guilt” to “absence implying innocence”.

August 18, 2009

This is very much an unwelcome technical discovery

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

DNA evidence can be created to match a known profile:

Scientists in Israel have demonstrated that it is possible to fabricate DNA evidence, undermining the credibility of what has been considered the gold standard of proof in criminal cases.

The scientists fabricated blood and saliva samples containing DNA from a person other than the donor of the blood and saliva. They also showed that if they had access to a DNA profile in a database, they could construct a sample of DNA to match that profile without obtaining any tissue from that person.

“You can just engineer a crime scene,” said Dan Frumkin, lead author of the paper, which has been published online by the journal Forensic Science International: Genetics. “Any biology undergraduate could perform this.”

H/T to Radley Balko.

July 31, 2009

QotD: It’s the institutions, not the people

Filed under: Liberty, Quotations, USA — Tags: , — Nicholas @ 12:16

But after you put down the peace pipe, a legitimate and important difference remains. It’s structural, and cultural, and (over the past four decades of relentless Drug Warring and Constitution-eroding), judicial as well. There is a strain in law enforcement, backed by various vague statutes, thousands of politicians, and everyone who tends to side with authority against an obnoxious popoff, in which it’s considered perfectly acceptable form to arrest, detain, or otherwise punish a non-threatening person for being an asshole. This includes the perceived assholery of yelling about one’s real (and sometimes imagined) trampled rights. If a person is considered undesirable by a police officer, for whatever reason, it’s far too easy to ruin his day, even if no law has remotely been broken. And as Balko has led the world in documenting, the literal militarization of domestic police forces, combined with awful Drug War-related enforcement, has caused grave injustice and the death of innocents.

The past two weeks has been a conversation about race, I guess (I tend to tune out such things pretty quickly, being a privileged white male and all). It’s always appropriate to point out, as in the Drug War in general, that disfavored minority groups (whether defined by skin color, class, lifestyle choice, politics, or whatever) will take a disproportionate brunt of abused power. But thankfully in modern America, when we peel back the general stereotype to the specific individual, most people (least I don’t think) aren’t racists and aren’t assholes. It may take two weeks to make that realization, or two decades, but after that you’re left with the underlying structural problem, one that might be even harder to dislodge. The pendulum of law enforcement in this country, as relates to the individual citizen, has for far too long swung in the same Constitution/individual-disrespecting direction.

Matt Welch, “‘When he’s not arresting you, Sergeant Crowley is a really likable guy'”, Hit and Run, 2009-07-31

July 27, 2009

More on the Gates-Crowley affair

Filed under: Law, Liberty, USA — Tags: , — Nicholas @ 13:44

Radley Balko says that this affair is newsworthy, but not for the reasons you might think:

The arrest of Harvard African-American Studies Professor Henry Louis Gates has certainly got everyone talking. Unfortunately, everyone’s talking about the wrong issue.

[. . .]

The conversation we ought to be having in response to the July 16 incident and its heated aftermath isn’t about race, it’s about police arrest powers, and the right to criticize armed agents of the government.

By any account of what happened — Gates’, Crowleys’, or some version in between — Gates should never have been arrested. “Contempt of cop,” as it’s sometimes called, isn’t a crime. Or at least it shouldn’t be. It may be impolite, but mouthing off to police is protected speech, all the more so if your anger and insults are related to a perceived violation of your rights. The “disorderly conduct” charge for which Gates was arrested was intended to prevent riots, not to prevent cops from enduring insults. Crowley is owed an apology for being portrayed as a racist, but he ought to be disciplined for making a wrongful arrest.

He won’t be, of course. And that’s ultimately the scandal that will endure long after the political furor dies down. The power to forcibly detain a citizen is an extraordinary one. It’s taken far too lightly, and is too often abused. And that abuse certainly occurs against black people, but not only against black people. American cops seem to have increasingly little tolerance for people who talk back, even merely to inquire about their rights.

There are undoubtedly good interactions between police officers and “civilians” (as the police tend to refer to non-police), but much of the interaction is related to actual or perceived violation of the law . . . which means the interaction is fraught with tension, fear, and potential altercation. The police officer feels the need to have the visible signs of respect from “civilians”, yet the more contact “civilians” have with the police, the less that outwardly subservient attitude will be displayed.

July 23, 2009

QotD: The Gates Arrest

Filed under: Quotations, USA — Tags: , — Nicholas @ 07:48

It needs to be said that, though I casually threw it out there, I really have no clue whether race played a role in Gates’ arrest. It’s important to say that. I don’t know what I would have done if I were in [his] shoes, but I don’t know that I’d [have] assumed [it was based on] race. I think the decision to arrest a guy for, at worst, being rude in his own house is shockingly stupid. The thought of someone like that carrying the power of life and death is mind-boggling.

That said, the wind is leaving my sails over this one and I’m not sure why. I keep getting this “doth protest too much” vibe every time I read Gates’s interviews. It’s interesting that it took his own arrest for Gates to decide to make a doc about this. Maybe he’s had a Come To Jesus moment. Who can know? Who can really know?

Ta-Nehisi Coates, “On Gates”, The Atlantic, 2009-07-22

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