Posts in "Police"

aheram's picture
By Jayel Aheram at 1:47PM

Glik v. Boston: Court Affirms Right to Record Police Actions in Public

In a huge victory for free speech, transparency, and the public at large, the First Circuit Panel affirms the right of vigilant citizens to videotape police actions carrying out their duties in public:

The First Amendment issue here is, as the parties frame it, fairly narrow: is there a constitutionally protected right to videotape police carrying out their duties in public? Basic First Amendment principles, along with case law from this and other circuits, answer that question unambiguously in the affirmative....

As the Supreme Court has observed, “the First Amendment goes beyond protection of the press and the self-expression of individuals to prohibit government from limiting the stock of information from which members of the public may draw.” ....

The First Amendment right to gather news is, as the Court has often noted, not one that inures solely to the benefit of the news media; rather, the public’s right of access to information is coextensive with that of the press.

Not only does Simon Glik v. City of Boston (PDF link) establish that police officers are violating Americans’ First Amendment rights when they prevent, prohibit, or confiscate cameras of vigilant citizens recording the police actions, but as Cato’s David Rittgers have noted, might also strike at the heart of Massachusetts’ police use of felony wiretapping laws to punish citizens. The only issue that Rittgers neglected to point out is that Glik v. Boston seems to only apply to police actions in public.

Regardless, this sets a powerful precedent that will stymie the police state and hinder its attempts to cover up their public crimes against the unarmed citizenry they purport to serve and defend. The next step then is to extend First Amendment protections to all recording of police crimes: whether it be committed in the full sight of the public or away from its prying eyes.

JohnMcKenna's picture
By John McKenna at 9:58AM

Massachusetts Cops At it Again

Hey guess what -- the police want to take away more of your privacy rights! How? Technology!

Yes that's right, in Massachusetts, Governor Deval Patrick last month signed off on $500,000 in grants to local police to monitor license plates using technology that can scan a plate and put it into a central computer. The goal of this technology is to better apprehend criminals and stolen cars, but civil rights groups are complaining that law-abiding citizens may be caught in the policeman's net as a result of this law. Also, there is a danger that by monitoring a car, anybody can access information on anybody that they want just by tracking where the car went.

Now I don't fault the police for wanting to get the technological edge in fighting crime. In fact, it is technological advances in forensics and evidence-gathering that have reduced the number of wrongful arrests and incarceration. That being said, we must be careful that we aren't using technology to spy on innocent citizens or intrude too much into their private lives. We should never have to trade security for liberty, under any circumstances, because if we do, they will both be taken from us.

Originally posted at www.silverunderground.com.

bertramt's picture
By Tim Bertram at 12:28PM

Minnesota Tyrant

Recently I have learned of a public figure in my home state of Minnesota that I have developed a strong distate for, and whom I beleive to be a bigger threat to my liberties than the men and women in our legislature.  The man is Minneapolis Police Chief Tim Dolan, who has established a very anti-gun record in our state.  Tim Dolan

I first heard of Tim Dolan’s statist views on guns when he endorsed federal legislation to ban high capacity magazines.  The ban would make it so no magazine could be sold that can hold over 10 rounds.  Advocates of the bill have claimed it is not necessary for civilians to own high capacity rounds, they make shooting incidents larger, and that only police and military should be able to possess such power.

As an owner of a few high capacity mags, I can't help but roll my eyes when the assertion is made that they are only meant to kill.  I own these magazines because I enjoy shooting and also want them for self defense.  I can't contest that having high capactiy magazines would make it easier to kill people, but the idea that only police and military officers should own them frightens me.  If the only purpose for these mags is to kill as many people as quickly as possible, then why should police officers own them?  

There are many other reasons to formulate a bad opinion of Chief Dolan, including him rewarding a SWAT team for raiding a wrong household and shooting the place up.  But the larger point I wanted to make with this blog is to be aware of your local petty tyrants. Having a police chief that does not take gun rights seriosly is just as much a threat to having a poor legislature.  

JohnMcKenna's picture
By John McKenna at 10:30AM

What to Do if the Cops Pull You Over

We've been told from a young age that the police are there to protect us, and we should do what they say. But should we?

It's easy to be intimidated by cops -- they want you to be intimidated by them, because it makes it easier for them to do their job. However, too many people upon seeing police come up to them forget that they actually have a good deal of control over what the police can do to you. To help educate people about this, the folk at Students for a Sensible Drug Policy distribute cards detailing that tell you what you should say to a cop. Some of the recommended responses may seem a bit confrontational, and the last you thing you want to be to a cop is confrontational.  Nonetheless, the police are humans as well, and must obey the same laws we do. They can't take away your rights from you, but you still have to know what rights you have to defend. You might tick them off, but they legally can't do anything about it. Here are the things you should say when you get stopped by police:

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H/T The Humble Libertarian. Originally posted at www.silverunderground.com.

Matt Ciepielowski's picture
By Matt Ciepielowski at 2:12PM

Quinnipiac Student Arrested for Filming Police

While Anthony Graber was recently cleared of all charges after filming a police officer who pulled out a gun during a routine traffic stop, it doesn't appear as though the debate over filming police is over yet. A fellow libertarian at Quinnipiac was recently arrested while trying to film a police encounter in New Haven.

Here's an excerpt from my story for the Quinnipiac Chronicle (what is the internet for, if not shameless self-promotion?):

While there are no laws on the books in Connecticut that make filming a police officer illegal, Quinnipiac senior Kenneth Hartford found out on Saturday night that it isn’t quite so simple.

According to multiple witnesses, within minutes of Hartford beginning to film a Quinnipiac student being arrested outside of Toad’s Place in New Haven, an officer tackled and handcuffed him. Hartford was charged with Disorderly Conduct and Interfering with a Police Investigation. He went on to spend the night in jail at 24 Union Avenue.

In a short video that he took on his cell phone before his arrest, officers can be heard swearing at Hartford. The officer who ultimately arrested Hartford said, “Put that in your fucking pocket and get the fuck out of here.”

The full story, as well as Hartford's video, can be found here.

Jeremy Davis's picture
By Jeremy Davis at 7:35AM

I THINK You Were Speeding

In a 5-1 decision, the Ohio Supreme Court recently ruled that the only thing a police officer needs to write you a speeding ticket is his eyes. The court explained that a police officers "unaided visual estimation" was sufficient enough to be used as evidence to convict an individual of violating speed limit laws.

No longer is a radar device necessary to issue a speeding ticket in Ohio, so long as the issuing police officer has undergone some kind of specific training on speed guestimation. Relying solely on an officer’s word will make contesting the accusation a hopeless effort because when it’s a game of our word against theirs, their word far too often trumps our own.

If we know anything about those with power over others is that when granted expanses on that power, they will abuse it. The Ohio courts have essentially granted the police the authority to pull us over for anything. Although it’s blatantly obvious that this ruling in favor of broader police powers isn’t so much one to curb fast drivers, but instead one in which to generate greater revenues through an influx of speeding tickets.


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Matt Ciepielowski's picture
By Matt Ciepielowski at 9:42PM

Here's Your War on Terror, America

War on Terror

Kudos to cartoonist Cam Cardow, whose comics are some of the only things in my local paper that don't throw me into a rage.

Elliot Engstrom's picture
By Elliot Engstrom at 3:25PM

ACLU Tackling Wrongful Police Arrests

The American Civil Liberties Union is taking on the government of Colorado on the issue of mistaken arrests.  CNN reports:

Three police cars pulled into Christina FourHorn's front yard one afternoon just before she was supposed to pick up her daughter at school. The officers had a warrant for her arrest.

"What do you mean robbery?" FourHorn remembers asking the officers. Her only brushes with the law had been a few speeding tickets.

...Later, it became clear that FourHorn was right, that Denver police had arrested the wrong woman. Police were searching for Christin Fourhorn, who lived in Oklahoma.

...Since the FourHorn case, the ACLU found at least 237 cases in Colorado in which police may have arrested the wrong person.


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Rachel Kania's picture
By Rachel Kania at 6:12PM

Police Force Being Questioned in California

Following an  incident in Cornonado, California, where a police officer tased a man not wearing his seatbelt, a federal appeals court is questioning the use of Tasers.  When is it appropriate to use the a Taser? Michael Gennaco, who has conducted internal reviews of Taser use for the LAPD, comments on the decision made in the 9th circuit ruling:

This decision talks about the need for an immediate threat. . . . Some departments allow Tasers in cases of passive resistance, such as protesters who won't move," he said. Tasering for "passive resistance is out the door now with this decision. Even resistance by tensing or bracing may not qualify.

Still, there is a need to question the use of Tasers all together. Can we trust the officer to use the Taser "appropriately" and only at a time when the person refuses to comply with the officer's orders?  I don't believe so.


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Megan Duffield's picture
By Megan Duffield at 10:54PM

Protecting Your 4th Amendment Rights

 It is as simple as this video says... (part 2 here)

 

 Thanks to Flex Your Rights for this short and sweet feature. 

For liberty-minded students, this is a great way to gain attention for your campus group.  Hold an event that educates the student body on their Constutional rights and what to do when getting pulled over.  Students love the advice and sticking it to the man--in this case, to include state-friendly college administrators--  is always worthwhile.

Talk about killing two birds with one stone!