Archive for the 'Law' Category

Boston cops: citizen recording of abusive busts is “illegal wiretapping”

Thursday, January 14th, 2010
Boston cops are using the Massachusetts electronic surveillance laws to arrest and prosecute citizens who use their cellular phones to record abusive arrests. Though they haven't been successful in prosecuting the acts, it hasn't stopped the arrests -- presumably the point isn't to secure convictions, but rather to chill the recording of illegal police activity. However, police have convicted citizens who secretly recorded their own abusive arrests, charging them with illegal wiretapping.
Simon Glik, a lawyer, was walking down Tremont Street in Boston when he saw three police officers struggling to extract a plastic bag from a teenager's mouth. Thinking their force seemed excessive for a drug arrest, Glik pulled out his cellphone and began recording.

Within minutes, Glik said, he was in handcuffs.

"One of the officers asked me whether my phone had audio recording capabilities,'' Glik, 33, said recently of the incident, which took place in October 2007. Glik acknowledged that it did, and then, he said, "my phone was seized, and I was arrested.''

The charge? Illegal electronic surveillance.

Police fight cellphone recordings (via Interesting People)

(Image: Marathon Monday, a Creative Commons Attribution photo from cherrylet's photostream)

Previously:


Friday Lazy Linking

Friday, October 23rd, 2009

Same as the old boss… but talks pretty

Friday, May 22nd, 2009

Virginia: No Longer Part of the South

Wednesday, February 11th, 2009

With the passing of the smoking ban, Virginia demonstrates that, when it comes to individual liberty, its ongoing urbanization renders it just another Mid-Atlantic nanny state like New Jersey, Maryland, and New York. I don’t need to rehash the libertarian arguments against smoking bans in private establishments. I will, however, note the following:

  • Despite an email sent out by a minority of Republicans in the legislature, this ban passed with bipartisan support.
  • Republicans are the worst advocates of libertarian policy imaginable. They’re all too eager to go along to get along. And if they do have some moderate libertarian positions, they usually shoot their consistency in the foot by being moral policemen to the max (see my thoughts on the Blackburn vs. Stoch race).
  • We erroneously and self-righteously frame this issue in simplistic terms of “rights” and “freedom” and “liberty”, a language that nanny staters learned long ago to turn around on us. Nobody is against “freedom” or “liberty” or “rights”, so this approach does not capture the essence of the controversy. If this were about abstractions like “rights”, there are far more egregious government intrusions that would have been rejected long ago. No, we are against bans on peaceful behavior because they are enforced by men trained to hurt and kill us – period.

It’s time to stop pretending our self-important, philosophical civics lessons wrapped in political activism work. Our outrage at the state, heartfelt as it may be, is not nearly enough to constitute the necessary resistance, nor is the rhetoric it produces adequate to the task of appealing to our fellow man. We have to start showing people that this is not a game: passing superfluous and intrusive laws pits men trained in violence and suppression against peaceful people. Confront the nanny staters directly with the means they’ve chosen to promote their agendas and ask them why they want to threaten, hurt, and even kill us and our fellow human beings. The stakes are too high to treat this as a friendly debate about ideas.

The still further education of Willow Kinloch

Friday, November 28th, 2008

From the Vancouver Sun:

Victoria must pay tethered teen $30,000

Friday, November 28, 2008

VICTORIA – Willow Kinloch has been granted half of the $60,000 she won in a lawsuit after being tethered in Victoria police cells, with the payment of the rest hinging on an appeal of her case by the City of Victoria.

The city had applied for a stay, or suspension, of payment until the appeal is heard, perhaps sometime next spring. But Justice Mary Saunders of the B.C. Court of Appeal ruled Thursday that Kinloch is entitled to $30,000 now.

Kinloch’s case dates to 2005 when she was 15. A B.C. Supreme Court jury came up with the award earlier this year following a decision that officers had violated Kinloch’s charter rights.

Kinloch had been picked up by police in the downtown area for being drunk and was taken to police cells.

She spent about an hour screaming and banging on the walls before two officers tried to take her home to the apartment she shared with her mother.

The apartment intercom was broken and officers wouldn’t let Kinloch yell up to a window, so she was brought back to the police station. She did not want to return to a cell, and police described her as uncooperative. She ended up being bound at the ankles, tethered and left in the cell for four hours.

Kinloch is now in Thailand.

Here’s to hoping Ms. Kinloch is safe, given the unrest in Thailand at the moment.

See also:
The further education of Willow Kinloch
Victoria, BC citizenry to pay $60,000 to brutalized teen (includes video)

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Tags: bondage, Canada, crime, education, Gangsters in Blue, justice, law, lawsuit, money, rights, tax

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Responding to totalitarianism on demand

Tuesday, September 2nd, 2008

If you’ve been paying attention, you’ve been witnessing a huge leap forward towards a police state over the past week. In addition to the preemptive raids, extralegal break-ins, illegal detentions, disappearing citizens, news media harassment, and general displays of unprovoked violence by law enforcement, we’ve witnessed a very aggressive strategy of mass arrests. Here’s some choice documentation on their strategy for trapping and processing as many people as possible - protestors or not.

While apologists for cops may represent indiscriminate arrests as necessary, it’s actually incredibly sloppy police work. They just declare a “national security event” and suddenly there is no need for self-discipline or judgement whatsoever. Why should people take cops’ authority seriously when they prosecute their jobs so carelessly? If national security is truly at stake, why sweat a few broken windows?

Imagine if this was their response to any suspected crime: just arrest everybody near the scene! Why not just arrest everybody in the city, or the state - surely if everybody’s under arrest, there’s nobody to get in the way of the convention. Cities are a lot safer if you get rid of the people, law enforcement seems to think.

Yet isn’t this the modus operandi of any totalitarian state? By denying everybody freedom and granting police maximum prerogatives to detain, surveil, and otherwise harass citizens, a government blurs the distinction between being under arrest or being free. People under despotic governance experience a sliding scale of captivity, to be moved up or down at the discretion of unaccountable bureaucrat/captors.

It is important to correctly recognize this trend towards a police state. The myths of freedom, civil rights, and the rule of law must be maintained. So instead, the government institutes the police state on demand - invoking it when necessary, and then dispersing it without a trace and shrugging, “what fascism?” You’re never free, really - you just enjoy perpetual probation until the next time the government flips the switch. Under arrest? That’s a relative term; just check the threat level.

This is exactly how police states arrive historically - in easily ignored, irregular spurts. Those are perfect opportunities to train officers in their new attitudes towards citizens, gather data on the effectiveness of tactics, and experiment with new strategies for oppression. The trick is always for the people to wake up before the slow metamorphosis passes the point of no return.

Sadly, it’s clear to me that we’ve probably missed our last chances to reverse these trends. With the P.A.T.R.I.O.T. Act granting the legal cover for whatever our rulers want to label as “terrorism” and impenetrable secrecy about anything else, there’s no recourse in “the system” for citizens to air legitimate grievances. Meanwhile, any direct action is dealt with in the most brutal manner possible (yes, they could be more brutal - but that would impact the efficiency of their actions).

So if we’re in a police state now, what do we do? Obviously, there was a point at which the citizens of Germany in the ’30s gave up on speaking out. There was a point at which the Soviet citizens stopped protesting the Bolshevik treachery. Throughout history, people who found themselves under a totalitarian government had to face a terrible fact: that the modes of democratic society were no longer tenable.

But to admit to yourself the horrible truth, that we have lost our country, that is the truly difficult thing. Keep in mind, however, that it has always been through denial, self-deception, and lack of honesty on the part of the people that totalitarianism has gained a foothold. We must be courageous, pragmatic, and most of all careful. The rules have changed, and if we’re going to play this game we do well to use our time-outs to strategize, not simply to feel sorry for ourselves. In other words, as much as I hate to say it, we’re going to have to unlearn the bad habits of citizenship in a democratic republic.

The silver lining in the police brutality at the RNC this week is really that the activist movement might finally see themselves on the other side of the rubicon. As John Robb explains:

Very cool demonstration from Minnesota of how police forces have been militarized. In addition to the five fold growth in SWAT forces since the 90’s, there’s been a shift in attitude. All likely due to a misdirection of GWOT Homeland security $$ and thinking towards domestic protest. The side effect: the heavy handed approach here will cause a quick shift protest to the open source/disruption model if things deteriorate. Protest is dead. (my emphasis)

It’s time for the activist movement to modify their tactics to reflect the new environment. Flaunting our outrage in the hopes of media attention and citizen backlash has failed. Throwing our bodies on the gears of the machine has not slowed it, let alone stopped it. Protesting every violation of our rights just demonstrates in spades how vulnerable and dependent we are. Demonstrating and organizing just provide easy targets for agent provocateurs, infiltration, and extralegal, preemptive harassment.

Protest doesn’t work in a totalitarian police state. Acknowledging that condition is the first step towards fixing it. Whatever we’re going to do, it’s time to start doing it underground. It doesn’t have to be violent, but it does have to be realistic about the threat.

Don’t talk to the police, Part 3

Thursday, June 12th, 2008

If you don’t read the FlexYourRights.org blog, you’re missing out on good legal information that can seriously help you out on police encounters. There’s even a video they’ve produced to train people on how to deal with the police. While I think it’s good operating procedure to behave as if none of your rights will be upheld by cops, knowing your rights gives you insight into police tactics and actions to which you are likely to be subject. And if you silently observe police behavior, rather than complaining about how bad the cops are on the scene, you may be more likely to simply get out of the situation or at least present evidence to a court that catches police off-guard. Remember: no information you provide on the scene can help you; save any argument you want to make for the judge.

Anyway, the latest FlexYourRights.org blog article deals with a predictable complaint: that helping people protect their rights impedes law enforcement work. As I’ve previously remarked, that’s a feature, not a bug. We should put up the maximum resistance possible to all authority, because it is our cooperation with and obedience to the state that enables and empowers it. However, since the state has a monopoly on the investigation and prosecution of legitimate crimes, should we always refuse to cooperate?

The first thing I’d say is that the maxim of conduct I’ve emphasized is my opinion; before adopting it, you think about it carefully. There are undoubtedly exceptions - my point is that, ideally (and when is a police encounter “ideal”?), you should be in control of the encounter rather than them. You should choose what to say rather than them directing the flow of information; you should choose whether you stay or go rather than them. When in doubt: shut up and trust nobody!

And what about cases where legitimate crimes necessitate the provision of information to investigating law enforcement officers? It is here that FLR.org has wise words:

The situations in which our advice to remain silent is more likely to make a difference is in cases in which the police suspect a crime may be afoot, but don’t have evidence and must intimidate the suspect into self-incrimination, i.e. “If you have drugs, we’re gonna find ‘em. You might as well just hand it over and we’ll go easier on you.” Again, this will have no effect on clearance rates for reported crimes, except, ironically, to the extent that this type of policing draws resources away from investigating unsolved violent crimes.

With regard to requests to search (which you should always refuse; if they have a warrant, they won’t ask!):

The crimes that take the biggest toll on our communities aren’t solved through warrantless searches. Police who are investigating a rape, robbery, or murder aren’t using consent searches to investigate their suspects. Overwhelmingly, consent searches are used to attempt to discover crimes that weren’t known until the search was conducted. They have absolutely no impact on clearance rates for reported crimes. (my emphasis)

This makes sense: when there is an actual crime being investigated, police already have powers that don’t require them to trick you into self-incrimination. Only when they are fishing for a bump in arrest rates will they try to engage you in a conversation without providing for your immunity or legal representation. So deny them the chance: do your part to put the kibosh on the proactive, intrusive, authoritarian police state!

Don’t talk to the police, Part 2

Saturday, June 7th, 2008

Via Rad Geek I found some great footage that demonstrates just how difficult it can be to be silent in the face of aggressive police tactics:

When this guy tried to remain silent, the cop threatened arrest for “impeding an investigation”. It’s important to know that cops can lie. Legally, they are under no obligation to be honest with you in any way, shape, or form. So how are you possibly going to be able to negotiate with these people?

Remember, you live in occupied territory. Your country has been conquered by a foreign power from the city-state of Washington, D.C. These cops are the troops. The sooner you stop depending on the government, the police, or any institution outside yourself for your safety and the protection of your “rights”, the better prepared you will be for these kinds of encounters.

A freedom based on myths of rights and liberties upheld by strangers is no freedom at all. If you want to be free, build your freedom in the real world: on your ability to choose your attitude, to control yourself, to select your values, to opt-out of the system to the extent possible, and to pick your battles. Don’t blow it trying to showdown with the occupation authority, especially when they have the upper hand.

One more thing: it may seem like a contradiction for me to say that, while you should operate as if none of your rights will be upheld, you should exercise your right to remain silent. I don’t think you should remain silent because you have the right. Stay silent because:

  1. They are unlikely to compel you to talk. If they torture you, obviously nobody would blame you for talking. And yes, that probably won’t happen - but this is what I’m talking about: retooling our expectations to reflect our actual experience, not our theoretical rights.
  2. Stalling the cops is the safest and simplest way to interrupt their occupation activities. Why should you not “impede their investigation”? By holding the cops up at the scene, you’re doing the community a small favor - the amount of time you delay them keeps them off the streets causing possibly worse trouble.

It’s in that same spirit of passive resistance that I’m considering following a rule of refusing to sign any future traffic tickets. Of course, signing a traffic ticket is not an admission of guilt; it just means you’re pledging to show up for your court date. The alternative to signing is going before a magistrate, which means arrest. If you can possibly afford the inconvenience, it is one way to drain the occupation force’s resources.

What other ways can we passively resist and gum up the administration of the American occupation? I’d be interested in your thoughts.

Naomi Wolf on America’s Slide into Fascism

Monday, April 14th, 2008

A very well presented summary of the ways in which the U.S. government is taking the steps other totalitarian governments have throughout history.

What is happening right now is a corporate state conspiracy, pure and simple. Whatever that means to you, be prepared to respond to it when it crosses whatever threshold of human dignity you’ve decided upon.

Reflections on a Neighborhood Watch Meeting

Thursday, June 28th, 2007

Recently I have discovered a renewed interest in left libertarian and anarchist concepts of community solidarity. My interests lie in finding ways to build community relationships and institutions that devolve important decisions to the interpersonal, neighborly level - rather than counting on government bureaucrats and politicians to fix all our problems. I believe that this reliance on an outside force to manage us - a top-down, progressive-era holdover - has damaged what was once a bottom-up, dynamic consensus. This breakdown in neighborliness is partially responsible for many of our present social ills, and reflects the dark side of the centralized, managerial State that so many Americans seem to want.

Inviting cops into our neighborhoods should be a last resort, because law enforcement professionals view everybody - not just the elements you find undesirable - as a potential criminal. They write traffic tickets; they harass citizens; they conduct reckless raids against innocent citizens; the list just goes on. Residents should be very careful when inviting outsiders - such as police officers - to make decisions on how the neighborhood’s business should be conducted. Ideally, cops should be called only as an alternative to a neighborhood resident employing force himself in self-defense, and only in reaction to a particular threat.

Maybe there was once a time when police officers lived in the neighborhoods they patrolled, knew everybody by name and whose kid was whose, and exercised a form of reasonable discretion (even if that discretion was poisoned by racism, classism, etc.). Maybe they policed on the basis of what was best for the community rather than maximizing their arrest statistics to secure federal funding. Those times, however, are no more: police are intervening in neighborhoods more and more, with less and less of a sense of statutory limitation, and a growing sense of entitlement to dictate to people the most mundane details of their lives. This dependence on such authoritarian elements is surely brought about by the increasing atomization and isolation of residents, who cannot look to the community to realize their values. When neighbors are strangers, there isn’t even the opportunity to establish an authentic sense of shared interests or common concerns, let alone the true security situation.