Posts tagged ‘police’

I Am Guessing San Francisco Doesn't Provide Any Liability Protection For Employers In Exchange For This

San Francisco has put deep restrictions employers' ability to check the criminal records of people they hire.  Yesterday the Senate blocked the nomination of Debo Adegbile to run the Civil Rights division of the Justice Department.  Senators were concerned about his actions as defense attorney for a man convicted of murdering a Philadelphia police officer.  Honestly, I have no problem with defense attorneys going to extremes to defend their clients.  I was more concerned with his historic support for ideas like this one in San Francisco:

Private sector employers in the City of San Francisco will have to comply with new “ban the box” legislation restricting questions about applicants’ criminal records on applications for employment and during job interviews.

The Fair Chance Ordinance, No. 17-14, prohibits employers with at least 20 employees from inquiring about a job applicant’s criminal history on an employment application, including “checking the box” to indicate criminal convictions or other criminal justice system involvement. It also prohibits covered employers from asking about criminal history during an initial interview. The law applies not only to regular employees, but also those performing contracted or contingent work, or working through a temporary agency. The Ordinance becomes operative on August 13, 2014.

After the initial interview, the Ordinance prohibits the employer from asking the applicant about the following:

  • arrests that did not result in conviction, unless charges remain pending;
  • completion of a diversion program;
  • sealed or juvenile offenses;
  • offense s that are more than seven years old from the date of sentencing; and
  • offenses that are not misdemeanors or felonies, such as infractions.

The employer must provide the applicant with a written notice before making any inquiry into the applicant’s criminal history and display a poster in the workplace developed by the City’s Office of Labor Standards Enforcement (OLSE).

The Ordinance also restricts an employer’s ability to consider criminal history disclosed by an applicant. The information may be used in the selection process only if it has “a direct and specific negative bearing on that person’s ability to perform the duties or responsibilities necessarily related to the employment position.”

This is just stupid.  First, I cannot tell you how many government forms (e.g. corporate registrations) require me to report my criminal background -- this is outright hypocrisy, holding private employers to  a different standard than public agencies.  If they really are consistent, truly believing that criminal background checks are discriminatory because they have disparate impact, then they should be pushing to remove them for things like gun ownership.  Anyone really believe they will do this?

The bigger issue for businesses is that we don't make these checks because we are jerks, we make them for real financial reasons.  Specifically, we are worried about the health and safety of our employees and customers.  And for those that think that business owners are all evil and wouldn't care about such things, then we certainly care about getting sued for the actions of our employees.  As a business owner I have been made, particularly in California, responsible for any dumbass thing my employees do.  I will get sued if these employees do something wrong.  And worse, can you just see the trial -- plaintiff's attorney is going to be in front of the jury and say things like "this employee has a long criminal record and defendant did not even check, he did not even care about my client's safety."

Simply Corrupt

The US Justice Department is using decades-old anti-discrimination law to stop poor black families from escaping crappy schools via a school choice program.  The awesome Clint Bolick of Goldwater has the details:

Despite reports of compromise or capitulation, the U.S. Justice Department is continuing its legal assault on the Louisiana school-voucher program—wielding a 40-year-old court order against racial discrimination to stymie the aspirations of black parents to get their children the best education.

The Louisiana Scholarship Program began in 2012. It provides full-tuition scholarships to children from families with incomes below 250% of the poverty level, whose children were assigned to public schools rated C, D or F by the state, or who were enrolling in kindergarten. In the current year, 12,000 children applied for scholarships and nearly 5,000 are using them to attend private schools. Roughly 90% are used by black children.

Parental satisfaction is off the charts. A 2013 survey by the Louisiana chapter of the Black Alliance for Educational Options, a national school-choice organization, found that 93.6% of scholarship families are pleased with their children's academic progress and 99.3% believe the schools are safe—a far cry from the dismal public schools to which the children were previously consigned.

But last August, the Justice Department filed a motion to enjoin the program in dozens of school districts that still have desegregation orders from generations ago. It claimed that any change in racial composition would violate the orders. After a tremendous public backlash, Justice withdrew its motion for an injunction, insisting it did not intend to remove kids from the program....

In fact, the children are very much in danger of losing their opportunities. The Justice Department is demanding detailed annual information, including the racial composition of the public schools the voucher students are leaving and the private and parochial schools the students are selecting. If it objects to the award of individual vouchers based on those statistics, the department will challenge them.

If I had to make a list of the top 10 things we could do to actually help African-American families (as opposed to the garbage programs in place now to supposedly help them), #1 would be decriminalization of narcotics and in general stopping the incarceration of black youth for non-violent victim-less offenses.  But #2 would be school choice programs like the one in Louisiana.

PS- I am thinking about what the rest of the top 10 list would be.  #3 would likely be putting real teeth in police department accountability programs, as I think that police departments tend to be the last bastions of true institutionalized racial discrimination.  #4 might be some sort of starter wage program that gives a lower minimum wage for long-term unemployed.  If I weren't a pacifist and committed to free speech and association, I might say #5 was shutting down half the supposed advocacy groups that claim to be working for the benefit of African-Americans but instead merely lock them into dependency.

EPA Enhancing Its Power with Sue and Settle

Congress has ceded far, far too much legislative power to Administration agencies like the EPA.  The only check that exists for that power is process -- regulators have to go through fairly elaborate and lengthy steps, including several full stops to publish draft rules and collect public comment.  A lot of garbage gets through this process, but at least the worst can be halted by a public or Congressional outcry to draft rules.

But like most government officials, regulators resent having any kind of check on their power.  Just like police look for ways to conduct searches without warrants, and even the President looks for ways to rule without Congress, the EPA wants to regulate unfettered by public comment process.

The EPA has found a clever and totally scary way around this.  In short, they collude with a friendly environmental group which sues the EPA seeking certain rules that the EPA believes to be too controversial to survive the regulatory process.  The EPA settles with the friendly group, and a consent decree is issued imposing the new rules, entirely bypassing any rules-making or public comment process.  The EPA then pretends that they were "forced" into these new rules, and as a kicker, the taxpayer funds the whole thing by making large payoffs to the environmental group who initiated the suit part of the settlement.  Larry Bell describes the process:

“Sue and settle “ practices, sometimes referred to as “friendly lawsuits”, are cozy deals through which far-left radical environmental groups file lawsuits against federal agencies wherein  court-ordered “consent decrees” are issued based upon a prearranged settlement agreement they collaboratively craft together in advance behind closed doors. Then, rather than allowing the entire process to play out, the agency being sued settles the lawsuit by agreeing to move forward with the requested action both they and the litigants want.

And who pays for this litigation? All-too-often we taxpayers are put on the hook for legal fees of both colluding parties. According to a 2011 GAO report, this amounted to millions of dollars awarded to environmental organizations for EPA litigations between 1995 and 2010. Three “Big Green” groups received 41% of this payback, with Earthjustice accounting for 30 percent ($4,655,425).  Two other organizations with histories of lobbying for regulations EPA wants while also receiving agency funding are the American Lung Association (ALA) and the Sierra Club.

In addition, the Department of Justice forked over at least $43 million of our money defending EPA in court between 1998 and 2010. This didn’t include money spent by EPA for their legal costs in connection with those rip-offs because EPA doesn’t keep track of their attorney’s time on a case-by-case basis.

The U.S. Chamber of Commerce has concluded that Sue and Settle rulemaking is responsible for many of EPA’s “most controversial, economically significant regulations that have plagued the business community for the past few years”. Included are regulations on power plants, refineries, mining operations, cement plants, chemical manufacturers, and a host of other industries. Such consent decree-based rulemaking enables EPA to argue to Congress: “The court made us do it.”

Are Police Beyond Accountability?

After the Rodney King verdict, the general conclusion was that a jury would not convict police for crimes against minorities.  Now we know better.  Apparently, juries will not convict police of any crimes whatsoever.  Add to this the fact that police departments themselves are so successful covering-up crimes and prevent most from coming to trial, and I wonder if police are beyond accountability.

I know there are a lot of folks who fetishize the police, but in my mind if we give police special powers, then they should have more accountability, not less.  I think police should be on camera, for example, every minute of their work day.

Patents of Nobility: Feinstein and McCain

It is an amazing spectacle to see Senators Feinstein and McCain, both A-OK with NSA spying on ordinary American citizens, draw the line at NSA spying on foreign politicians.  A reasonable person would say that tapping the German leader's phone is a hell of a lot closer to the NSA's true brief than tapping mine, but our political leaders believe the opposite.

That is because they have come to believe that politicians and government officials are a special class with special rights and privileges.  They don't have to follow labor law (Congress is exempt), they don't have to deal with the Obamacare exchanges (Congress is exempt), they don't even have to follow the same laws, like DWI (DC police typically help drunk Congresspersons home rather than arrest them).

Blood Test Check Points

I was in Houston the other day and they were talking about "no-refusal" weekends on the radio.  I had no idea what this was so I had to look it up.  Apparently, the police are setting up the usual extra-Constitutional DWI checkpoints.  If at these checkpoints you refuse the breathalyzer tests, they now are set up on site with a nurse, a notary, and a fax to a judge's office to obtain a warrant right in the field to take your blood.

I found this astounding but the local media seems to treat it as unexceptional, and it was almost impossible to find any real news stories about it that were not just rah rah support your local police.  The best resource seems to be attorney web sites.

Schools Increasingly Constitution-Free Zones

Reason rightly highlights this story about a kid in Georgia facing 10 years in jail because his school found his fishing tackle box in his car and in it was, gasp, his fishing knife.

But what the local news story fails to make a point about is the absurdly low bar school officials have to clear to search student's cars.

Williams, a senior at Allatoona High School, became the subject of a warrantless search after a fellow student told a campus police officer that he or she saw smoke rising from Williams’ car in the student parking lot and it smelled like marijuana. An assistant principal searched the car and did not find any marijuana but did find a pocket knife in the center console, enough to get Williams suspended for 10 days and possibly expelled, while facing felony criminal charges.

Smoke was rising from the car?  Really?  Like Spiccoli's van in Fast Times for Ridgemont High?  I am sure glad this kind of administrative lawlessness was not allowed when I was in school.  I wouldn't be surprised if the original student report to the school wasn't a pure fabrication out of spite against this student.

Money for Nothing, Detroit Edition

A huge portion of Detroit's operating costs go to police and fire.  If you include retiree health care and pensions, way over half of Detroit's budget goes to police and fire**.  That is an enormous increase since 1960.

detroit-bankruptcy-spending

So one might expect the schools to suck and the streetlights to be broken (which they do and are), but you would expect great freaking fire and police coverage.  But you would be wrong.  Detroit has one of the highest crime rates in the country.  This is what you get for your money there:

If you're a Detroiter who needs a police officer, it will take 58 minutes to get help -- more than five times what it takes elsewhere in the United States...

Here are some of the other problems outlined in the bankruptcy filing:

-- Response times for Emergency Medical Services and the Detroit Fire Department average 15 minutes, which is more than double the 7-minute averages seen in other cities.

-- The police department closes only 8.7% of its criminal cases, which the filing blames on the department's "lack of a case management system, lack of accountability for detectives, unfavorable work rules imposed by collective bargaining agreements and a high attrition rate in the investigative operations unit."

-- The city's violent crime rate is five times the national average, and the highest of any city with a population exceeding 200,000.

 

** This is in large part due to the power of their unions, and their ability in elections to translate hero worship for police and fire fighters into political power that will allow them to get anything they want.  As a politician, try to stand up for sanity and you will be deluged by union ads arguing that you don't respect our men who are risking their lives for you, etc. etc.

Arkansas Sets 30-minute Statute of Limitations for Crimes Committed by Police

Seriously, I am not joking.  The Arkansas State Police apparently reserve the right not to consider any complaints of police brutality or mis-use of force if they are not filed within a half hour of the incident:

The killing led to a town hall meeting Monday, and the city prosecutor, Kyle Hunter, was assigned to investigate, saying his job was to determine whether the actions were justified. Hunter requested an investigation by the state police, who were not called in following the killing of the 107-year-old Isadore, but, theArkansas Times reports, state police declined Hunter’s request:

With the lapse in time, [Arkansas State Police’s Bill] Sadler said, the crime scene has been compromised, the local law enforcement agency (the Pine Bluff PD) has already processed the evidence, and the witnesses were (long since) no longer sequestered. "It's a credibility issue and a forensic issue," he said.

"APB routinely responds to those requests when they come in in a timely matter," he said. He said that requests typically come within 30 to 40 minutes after deadly force was used.  Sadler said that there was no law or protocol requiring local authorities to call in the state police in a situation in which an officer uses deadly force. "That is the choice of the local jurisdiction," he said. If called, they could have arrived within half an hour, he said. "We would have immediately responded."

Can We Please End the Drug War Now

Recently small town Grantville, Georgia police chief Doug Jordan flew out to meet with our very own Sheriff Joe.

Following their meeting, Jordan expressed his hopes to establish Grantville’s own drug team. He also planned to have some of his officers travel to Arizona for training.

Seriously?  A dedicated drug team?  Grantville has a population of 3,096 in 2011.  Here it is in all its metropolitan glory:

grantville

 

Next, they will be wanting a tank.

Government Intrusion A-OK at the Guardian When It Was Aimed At Their Competitors

From Brendan O'Neill via JD Tuccille

If there was a Nobel Prize for Double Standards, Britain’s chattering classes would win it every year. This year, following their expressions of spittle-flecked outrage over the detention of Glenn Greenwald’s partner David Miranda by anti-terrorism police at Heathrow airport, they’d have to be given a special Lifetime Achievement Award for Double Standards.

For the newspaper editors, politicians and concerned tweeters now getting het up about the state’s interference in journalistic activity, about what they call the state’s ‘war on journalism’, are the very same people – the very same – who over the past two years cheered the state harassment of tabloid journalists; watched approvingly as tabloid journalists were arrested; turned a blind eye when tabloid journalists’ effects were rifled through by the police; said nothing about the placing of tabloid journalists on limbo-like, profession-destroying bail for months on end; said ‘Well, what do you expect?’ when material garnered by tabloid journalists through illegal methods was confiscated; applauded when tabloid journalists were imprisoned for the apparently terrible crime of listening in on the conversations of our hereditary rulers.

For these cheerleaders of the state’s two-year war on redtop journalism now to gnash their teeth over the state’s poking of its nose into the affairs of the Guardianis extraordinary. It suggests that what they lack in moral consistency they more than make up for with brass neck.

Everything that is now being done to the Guardian has already been done to the tabloid press, a hundred times over, and often at the behest of the Guardian.

The Next Step in Regulation Madness

So, what is the next danger to the Republic that requires coercive government control to protect us all from disaster?  Pedicabs:

Operating a pedicab used to be cheap and easy. A person could make a buck with little or no overhead and without restrictive, burdensome regulations.

That’s no longer true in some Valley cities that have approved ordinances limiting who can operate pedicabs on their streets. Scottsdale is the latest to tighten its rules, joining Phoenix and Glendale. No other Valley municipality regulates pedicabs.

To continue doing business in Scottsdale, pedicab operators must have a valid Arizona driver’s license, maintain insurance and adhere to regulations pertaining to the safety and visibility of the pedicab. The ordinance, which became law on May 9, includes penalties for non-compliance but does not specify any inspections.

Phoenix’s ordinance, which went into effect in August 2008, was in response to concerns and complaints from downtown stakeholders and patrons regarding pedicab activity, city spokeswoman Sina Matthes said. The ordinance is stricter than Scottsdale’s, requiring Police Department inspections and inspection tags.

Glendale’s ordinance, which became law in late 2007, requires a city-issued license and limits the hours of operation and what roads can be used by operators, said Sgt. Jay O’Neill of the Glendale Police Department.

Why the regulation.  What safety disaster led to this?  Well, apparently some poor pedicab operator allowed himself to be hit by a drunk driver.

Scottsdale’s ordinance was prompted by a Jan. 4 crash involving a suspected drunken driver and a pedicab trailer on Scottsdale Road near Rose Lane. The two pedicab passengers suffered serious head and spine injuries.

Scottsdale police determined that there were no mechanical or safety violations.

Here is some government cluelessness:  it is OK if we rape you as long as we ask for your feedback first

In Scottsdale, operators must maintain at all times a commercial general-liability insurance policy of at least $1 million per occurrence and $2 million annual aggregate.

Jay Ewing Jr., owner and operator of Big Papa Human Powered Transportation, said four people have asked him if he wanted to purchase their equipment because they are going out of business in connection with the Scottsdale regulations. He says a pedicab operator can expect to pay at least $250 a month for insurance....

Scottsdale police Cmdr. Jeff Walther said the transition has gone smoothly because all operators were made aware of the proposed changes and were given the opportunity to provide input before the regulations were approved by the council.

“I was surprised, my folks were surprised, that almost immediately there seemed to be a pretty dramatic decline in operators,” Walther said.

New York Attempting to Make Contempt of Cop a Felony

One of the great revolutions in civil liberties has been the handheld video camera.  Time and again police that have taken individuals to jail and charged them with things like resisting arrest have been shown, through video evidence, to be lying their asses off.  It is depressing to see how many cases exist where video evidence directly contradicts the police story, and to think how many people have ended up in jail before such video evidence simply because the cops wanted them there and manufactured an incident.

One thing that accumulated video evidence shows is that many police officers seem to think the law makes them the dictator of the everything in a hundred yard radius around them, and they tend to get incensed when any citizen does not immediately respect this made-up authority and follow their every order, legal or not.  Further, it is clear that there are many officers who have absolutely no qualm about beating the crap out of someone with no immediate justification and then blaming the victim, knowing that their fellow officers will back them no matter what outrageous facts they make up.  Only video evidence is slowly breaking through this practice, which is why the police tend to fight back so hard against photography of their public actions, and why in-dash cameras so often happen to be turned off just when they are needed.

Having watched numerous videos of police encounters at sites like PINAC, I have no doubt that this proposed New York law making it a felony to annoy police officers will be shamelessly abused by police (the law requires some sort of body contact but that is extraordinarily easy for the police to manufacture, and the text of the law does not even require the contact to be initiated by the citizen so accused).

That Whole "Banality of Evil" Thing

I can't help thinking of Adolf Eichmann when I look at 1) our Elvis-impersonating terrorist who thinks the local hospital is hoarding body parts and 2) the Chechnyan Beavis and Butthead who managed to kill and maim scores of people despite being bigger screwups than the entire Reservoir Dogs gang.

Don't let your freedoms be taken away by people who say such and such a place or event is vulnerable or open to attack.  If these guys can successfully terrorize people, there can't be any way to stop serious threats short of a North Korean police state.  Every occasion and location is theoretically vulnerable.  Our best protection is to build a society that eschews violence.  And, when someone does go off the farm, we want a society where there is no general toleration for the act.  In Chechnya or Syria or Iraq, these two boneheads would likely have found help and protection from some percentage of the population.  Not so in Boston, or anywhere else in America.

PS-  Today must have been CNN's wet dream.  This was like a real-life version of the Running Man (the enjoyable Richard Bachman aka Steven King book, not the awful movie), with similarly high ratings.

Punished for Speech

I have debated a while whether to run this personal experience, and in the end have reached a (perhaps wimpy) compromise with myself to run it but disguise the agency involved.  

As most of your know, I run a company that helps keep public parks open by privately operating them.  As part of that business, it is unsurprising that I would run a specialized blog on such public-private recreation partnerships.  Most of the blog is dedicated not to selling my company per se, since there are not many who do what we do, but advancing the concept.  In particular, I spend a lot of time responding to objections from folks who are concerned that private operators will not serve the public well or care for public lands as well as civil servants do.

One such objection is around law enforcement -- parks agencies who oppose this model argue that my company cannot possibly replace them because all their rangers are law enforcement officials and mine, a certification my private employees can't match.  So a while back I wrote an article discussing this issue.

I argued that parks were not some lawless Road Warrior-style criminal anarchy and simply did not need the level of law enforcement concentration they have.   We run nearly 175 public parks and do so just fine relying on support from the sheriff's office, as does every other recreation business.

I argued that so many rangers were law enforcement officials because they have a financial incentive to get such certification (e.g. more pay and much better pension, plus the psychic benefits of carrying a gun and a badge) and not because of any particular demand for such services.

Finally, and perhaps most importantly, I argued that providing customer service with law enforcement officials can cause problems -- after all, McDonald's does not issue citations to their customers for parking incorrectly.  To back up the last point, I linked to an article in the Frisky (of all places) and a Yelp review of a park where customers bombarded the site with one star reviews complaining about the rangers harassing them with citations and ruining their visit.

Well, one day I got a letter via email from a regional manager of the state parks agency whose park was the subject of that Yelp review I linked.  I was notified that I had 48 hours to remove that blog post or I would lose all my contracts with that state.  In particular, they did not like a) the fact that I linked to a negative Yelp review of one of their parks and b) that I impugned the incredibly noble idea that state parks are all operated by law enforcement officials.  I found out only later that there is a very extreme law enforcement culture in this agency -- that in fact you historically could not even be promoted to higher management positions without the law enforcement badge, truly making this an agency of police officers who happen to run parks.  I would normally quote the letter's text here, but it is impossible to do so and keep the agency's name confidential.

Fortunately, I was able to write the acting General Counsel of the agency that afternoon.  Rather than sending something fiery as the first salvo, I sent a coy letter observing innocently that her agency seemed to believe that my contracts with the state imposed a prior restraint on my speech and I asked her to clarify the boundaries of that prior restraint so I would know what speech I was to be allowed.  To her credit, she called me back about 6 minutes after having received the letter and told me that it was void and asking me to please, please pretend I had never received it.  So I did, and I reward her personally for her quick and intelligent response by not naming her agency in the story.

I am reminded of all this and write it in response to this story passed on by Ken at Popehat.  It is a story of free speech and petty government retribution for it.  I will let you read the article to get the details, but I will repost the original speech that earned Rick Horowitz a good dollop of government harassment.  As an aside, I realize in posting this how far from the law and order conservative I have come since my early twenties.

Your approach should be to try to live your life, as much as possible, without giving them one minute of your time. If they want to talk to you, you should ask, “Am I being detained, or arrested?” If they say “no,” then you walk away. If they tell you that you cannot leave, then you stay put, but don’t talk to them. Because they aren’t following the law when they detain you for no reason.

And if the government will not follow the law, there is no reason why anyone else should.

Let me repeat that:

If the government will not follow the law, there is no reason why anyone else should.

So this is the proposal I set forth:

To the government, you can start following the law, or none of us will.

To everyone else, if the government will not follow the law, you should stop pretending law means anything.

It’s time to step away from the wrong.

Start fighting over everything!

 

 

One Reason the Press is Always So Statist

Why is the media always so deferential to the state?  The reasons may be in part ideological, but there is a public choice explanation as well -- the state (particularly local police and crime stories) generate most of its headlines, and so they have a financial incentive to retain access to the source of so much of their content.

Perhaps even more revealing, though, was this:

To start, [San Diego County Sheriff's Office] spokeswoman Jan Caldwell explained to the room full of journalists why it is so important to be nice to her: "If you are rude, if you are obnoxious, if you are demanding, if you call me a liar, I will probably not talk to you anymore. And there's only one sheriff's department in town, and you can go talk to the deputies all you want but there's one PIO."

Here we have the heart of the matter. "Professional" journalists may, indeed, be brilliant, talented, well-trained, professional, with an abiding appetite for hard-hitting but neutral reporting. Yet professional journalists also depend on relationships. Ms. Caldwell calls that fact out, sending law enforcement's core message to the press: if you want access, play the game.

The game colors mainstream media coverage of criminal justice. Here's my overt bias: I'm a criminal defense attorney, a former prosecutor, and a critic of the criminal justice system. In my view, the press is too often deferential to police and prosecutors. They report the state's claims as fact and the defense's as nitpicking or flimflam. They accept the state's spin on police conduct uncritically. They present criminal justice issues from their favored "if it bleeds it leads" perspective rather than from a critical and questioning perspective, happily covering deliberate spectacle rather than calling it out as spectacleThey accept leaks and tips and favors from law enforcement, even when those tips and leaks and favors violate defendants' rights, and even when the act of giving the tip or leak or favor is itself a story that somebody ought to be investigating. In fact, they cheerfully facilitate obstruction of justice through leaks. They dumb down criminal justice issues to serve their narrative, or because they don't understand them.

This "professional" press approach to the criminal justice system serves police and prosecutors very well. They favor reporters who hew to it. Of course they don't want to answer questions from the 800-pound bedridden guy in fuzzy slippers in his mother's basement. But it's not because an 800-pound bedridden guy can't ask pertinent questions. It's because he's frankly more likely to ask tough questions, more likely to depart from the mutually accepted narrative about the system, less likely to be "respectful" in order to protect his access. (Of course, he might also be completely nuts, in a way that "mainstream" journalism screens out to some extent.)

Which is why, despite Joe Arpaio's frequent antics that make national news, it falls to our local alt-weekly here in Phoenix rather than our monopoly daily paper to do actual investigative reporting on the Sheriff's office.

The State Protects Its Own

It is simply appalling that the officer in this video was acquitted by a judge of assault.  It is clear from the video that he punched a woman who did absolutely nothing wrong (he thought she was the one who had thrown the liquid at him in the early frames).  But even if she had been absolutely guilty of splashing him with a few drops of beer, his reaction is STILL assault.

This quote is particularly amazing:

Josey testified that the woman refused to drop a bottle of beer she had been holding. He said that he went to knock the bottle from her hand and was “shocked” to see her go down when his hand hit her face. She was originally charged with disorderly conduct but the charges were later dropped.

This is an outright lie.  Watch the video.  There is absolutely no time for the officer to have ordered the woman to have dropped the beer.  Nor would that have been a legal order.  Nor is there any evidence of him waiting for her response.  He was pissed off that someone "dissed" him and he lashed out like a violent jerk in a biker bar.

I shudder to think how many people in the past were prosecuted and went to jail on the BS word of police officers.  Without video, this woman probably would have been successfully prosecuted and convicted.  Even with video, the police officer can't be successfully prosecuted.  Though I must give Philly a few point here -- a lot of jurisdictions would not have even prosecuted or fired him.

Puppycide

From the AZ Republic

A Flagstaff police officer who used his baton, boot and a cable to kill an injured dog after a fellow officer accidentally hit the animal with his car in August will not face criminal charges, according to the Navajo County Attorney’s Office.

...

Tewes was called after another officer hit a loose dog with his car Aug. 19. Tewes and the other officer decided the dog needed to be euthanized, but Tewes was concerned about using his gun in the neighborhood.

According to a Coconino County sheriff’s investigative report, Tewes repeatedly tried to bludgeon the dog to death, but it didn’t die. He then tried to jump on the dog’s head and cave in its skull, but that also didn’t kill the animal. Eventually, after some 20 to 30 minutes of trying to kill the dog, he used a hobble, which is like a metal cable, to try to strangle the dog. It took several tries before the dog died.

We give police officers unique and dangerous powers and authority.  It is amazing the poor judgement of the people we so entrust.

Dictator of Their Immediate Area

I have argued before that police often behave as if they are legally dictator of their immediate area, and frequently assume they can issue orders, however asinine, to anyone in their visual range.  Of course this is legally not true (though I suppose it is legally true if you take into account that courts and the minimal accountability processes that exist for cops never punish them for such behavior).

Here is a great example.  The 2-minute TSA freeze drill, with the TSA yelling at people -- already through security -- within their visual range for moving.  I think they are ripping off Heinlein - was this in Starship Troopers?

My Abusive Spouse Just Offered Me Flowers

I got a call today from the National Conference of Mayors.  They wanted to send somebody by to talk to me about just how committed these great folks were to small business success.

The call began poorly, as their representative tried to use a tactic I mostly only get from penny-stock boiler rooms - pretending that she and I had talked some time in the past and that I had committed to meeting with her.  I suppose this tactic might have worked with a frazzled exec, but it is one sure fire way to immediately get me pissed off in a phone call.  After telling her that she and I had no such call and that I did not appreciate the cheap telemarketing tactic, I said that I had absolutely no desire to help the mayors put some fake pro-business patina on their activities that are generally hostile to commerce and free markets.   I told them that I did not want a subsidy, handout, any special access, training programs, etc., I just wanted to be left alone.  I was not going to participate in some program where I get my picture taken shaking some politicians right hand while he is whacking me with a stick with his left.  The representative, to her credit before she hung up, admitted she gets this reaction a lot.

One only has to look at their "plan" (pdf)  to see what their vision entails for "helping" small business.  Here is a summary of the planks:

  1. More Federal spending on local infrastructure
  2. More Federal unemployment spending and lower Federal payroll taxes
  3. Create new Federal subsidy and loan programs and job training programs for businesses in favored, sexy-sounding industries (e.g. "manufacturing" or "high-tech").  I presume someone starting a restaurant or hair salon or without any political clout need not apply.  To their credit they also advocate free trade agreements and visa reform, though they then lose that credit by also advocating failed ideas like "trade adjustment assistance" and "metropolitan export plans"
  4. More Federal spending in urban areas (police, job training, affordable housing, community development).

As will not be surprising, absolutely nothing in the Mayor's plans dealt with actual issues under their control, such as business, occupational, and occupancy licencing reform.   Also not surprisingly, the mayors call for hundreds of billions of dollars in new Federal spending narrowly aimed at urban areas without once explaining why these can't or shouldn't be funded locally.  If Los Angeles wants more money for its police, or trains, or schools, and if that spending has real demonstrable value to the city, then why can't they sell the new taxes and spending to their own citizens?  Why do they need the money from the Feds (ie from the rest of us)?

But you can just see the corporate state a work.  A few companies will cynically climb on board, knowing this is all BS, but also knowing that they will get a nice subsidy or sweetheart project in exchange for letting the majors check their "pro-business" box  (pro-business used here as distinct from pro-market).

 

Shot Trying to Escape

It's become a joke of totalitarian states that prisoners killed by the state are all "shot trying to escape."  I can't get that phrase out of my head when I read this

A state crime lab report claims Chavis Carter, the man shot to death while handcuffed in the back of a Jonesboro, Arkansas police cruiser, committed suicide.

The left-handed Carter, the report claims, retrieved a 380-caliber Cobra semi-automatic, which he had managed to conceal from officers during two searches, and used his right hand to shoot himself in the head.

Drug Enforcement Outrage of the Day

The government commandeers a company's driver and truck for a drug smuggling operation without the company's knowledge or permission (and without any compensation).  The innocent and apparently overly helpful driver then dies in a hail of bullets that also riddle the truck as authorities screw up the bust.  In the process, police are wounded when they end up shooting at each other.  What a mess.

Two Views of the Police

Radley Balko has this amazing comparison of two different citys' police recruitment videos, which paired together give great insight into really different ways these departments see themselves and their mission.  As Balko asks, which town do you want to live in?

Here-to-For Only Seen in Spy Movies - the Cyanide Capsule

It is never dull here in AZ.  It appears that Michael Marin, upon being convicted of arson in court yesterday, may have committed suicide right there in court.

"Burning Man" Michael Marin reportedly died after his "medical emergency" in the courtroom yesterday, which came after a jury handed down a guilty verdict in Marin's arson case.

Fox 10 had its camera on Marin's face as the verdict came in, and it sure looks like he put something in his mouth before he started having an apparent seizure and fell unconscious in the courtroom.

Video at the link if you are morbidly inclined.

I just read JD Tuccille's High Desert Barbeque, also about arson in AZ as it turns out, and enjoyed it thoroughly.  But authors like Tuccille who are writing satire have to work hard to stay more outrageous than the news here in AZ.  Seriously, a guy starts a fire in his own house, escapes from the second floor in a scuba mask and tanks, and then crunches a cyanide tablet in court as the verdict is read?  Come on, who is writing this stuff?

PS-  I may be missing the legal definition on this, but Marin was convicted of arson on an occupied structure when he was the only occupant.  I find it odd that the arsonist himself "counts" as an occupant towards this charge which, I presume, carries worse penalties than arson on an unoccupied structure.  Upping the charge this way reminds me of the NYC police asking people on the street to show them their weed and then busting them on the charge of public display of said weed.

Police Don't Like It When The Shoe Is On The Other Foot

Via Radley Balko, certain Dallas residents are upset that they are getting "nitpicked" for speeding and other traffic violations caught by camera.  Normally, I would be quite sympathetic.  But not in this case.  You see, those who are upset about getting punished for violating traffic laws are Dallas police:

The Dallas Police Department has suspended a special unit’s regular reviews of dash-cam video from patrol cars because officers felt they were being nitpicked with disciplinary action for minor infractions such as speeding.

The recordings and the reviews are meant to provide evidence when patrol officers go renegade, and they are especially helpful in excessive-force cases. They’re also crucial for protecting officers falsely accused of wrongdoing.

In 11 months of operation, the unit reviewing the video found numerous examples of officers exceeding the department’s speed requirements, failing to turn on their lights and sirens or failing to stop at stop signs or red lights during chases or when responding to other emergency calls.

While in many cases these actions are against department policy, police commanders say they became concerned that some supervisors were taking a heavy-handed approach to routine problems, meting out discipline rather than finding ways to change behavior.

“The folklore among officers is, ‘I’m afraid to go five miles over the speed limit because I’ll be disciplined,’” said Chief David Brown. He ordered a cooling-off period for the review process while the department takes a look at what can be done to ensure that it is fair and reasonable.

As someone who has gotten a ticket from a police officer for going less than five miles over the speed limit, I can think of a two word response:  Equal protection.

While some supervisors informed of violations have simply counseled officers to be more cautious, Dallas Police Association officials say at least a couple of dozen officers were disciplined, mostly with minor write-ups, for speeding violations.

Well, since police officers like all public officials are impossible to fire, this does not mean squat.  I don't see any fine here, or points on their license, penalties absolutely everyone else would face.  A better spin for this article would be "police violations of traffic law treated far more leniently than those by anyone else."  And even with this lenient treatment, they still shut it down as too onerous.

All that being said, the video review program Dallas was doing is a good idea.  It should continue, and if traffic law enforcement is getting in the way of the program continuing, I would be willing to let the officers slide if only to catch more substantial violations in how they interact with the public.