Coyote Blog

Because we give special powers to use force to the police that most of the rest of us do not have, the police need more scrutiny and accountability, not less.  However, the police tend to fight this accountability at every turn — in particular, they tend to want to ban any filming of their public activities, even if they have to do it through violence.  Likely, this is because every time a video surfaces, it seems to contradict the cover story the police involved have agreed to.  I am all for mandatory surveillance of police.

Update: Here is a fun search.  Google:  ”Video Contradicts Police Report” and see how many different hits you get.

Here is an amazing example of how far the state will go to protect entrenched competitors from new competition.  Because it is far more important to make absolutely, 100% sure (precautionary principle, you know) that no one is competing in the Minneapolis market without a license than it is to encourage volunteer-ism in the wake of a natural disaster.

Tree trimmers who work in Minneapolis need to be licensed with the city. It’s a regulation in place throughout many cities, and something Haege knows all about. He’s licensed in Hastings and several area cities. Since he doesn’t work in Minneapolis, he isn’t licensed there.

All that was moot, of course. He was just going to volunteer and was not charging residents for his services.

He had brought a bucket truck to get high if needed, and he brought a wood chipper to dispose of fallen trees. He and the volunteers got to work on homes where the resident didn’t have insurance.

“We were removing stuff so people could get out of their driveways and out of their doors,” he said. “The place was a pretty big disaster.”

What happened next shocked Haege.

A city inspector arrived at the scene. She told Haege he had to leave. Immediately.

“You have to leave right now,” the inspector told Haege. “You’re not licensed to be here.”

“I said, ‘I’m just a volunteer,’ and she didn’t believe me.”

Haege went back to his truck and got his volunteer paperwork. Still, that did little to get the inspector off his back.

“I don’t want to see you up here,” she told him.

“She just didn’t believe me,” he said.

A volunteer from the Urban Homeworks, who had been with Haege since he signed up to volunteer that morning, did his best to convince the inspector that Haege wasn’t charging for his services.

Residents then came out of their doors in his defense, telling the inspector that he had just performed work at their house and hadn’t charged them a dime. Still, the defense fell on deaf ears.

The inspector told him to get out of the city, so Haege left with the volunteer. As they were on their way back to the volunteer area, residents waved down Haege, pleading for help. He pulled over and helped get a tree out of the way for them.

Haege had no idea police officers were behind him in a sort of unofficial escort out of town. He said they stopped traffic for about two hours while they figured out what to do with him. At one point, officers threatened to throw him in jail, he said.

All the while, residents continued defending him, screaming in his defense.

Officers told him to leave. They told him he was going to receive a “hefty fine” in the mail, and that if he stopped on the way out, the fine would be doubled.

Several of the amendments in the Bill of Rights, notably the second and the tenth, are no longer treated by many folks as “real.”  Just old TJ kidding around.

Over the last several years, I have worried that the Fourth Amendment is rapidly heading in the same direction.  This week has been a bad week.

First up, today’s decision that if cops have some reason to think valuable evidence is being destroyed, they can bust down your door without a warrant.  Toilet flush?  Must be getting rid of drugs.  Can be seen in the window at the computer?  Must be deleting child porn.  Silence?  Must be destroying evidence really quietly.

Think I am exaggerating?  Here are the facts of the case:

It began when police in Lexington, Ky., were following a suspect who allegedly had sold crack cocaine to an informer and then walked into an apartment building. They did not see which apartment he entered, but when they smelled marijuana smoke come from one of the apartments, they wrongly assumed he had gone into that one. They pounded on the door and called “Police. Police. Police,” and heard the sounds of people moving.

At this, the officers announced they were coming in, and they broke down the door. They found Hollis King smoking marijuana, and put him under arrest. They also found powder cocaine. King was convicted of drug trafficking and sentenced to 11 years in prison.

Sounds of people moving in apartment = break the door down, no warrant needed.  This is just a joke, though I must also say the drug war has already gutted any number of Constitutional protections, so its not surprising to see yet another blow to liberty in the name of rounding up anyone who might be smoking a joint.  (more here)

The other case is perhaps even more egregious, and comes from Indiana, where the state Supreme Court decided that citizens must defer to agents of the state, even when those agents are violating the law.   In particular, if a cop wants to enter your house for no reason at all without a warrant, you can’t resist.

“We believe … a right to resist an unlawful police entry into a home is against public policy and is incompatible with modern Fourth Amendment jurisprudence,” David said. “We also find that allowing resistance unnecessarily escalates the level of violence and therefore the risk of injuries to all parties involved without preventing the arrest.”

David said a person arrested following an unlawful entry by police still can be released on bail and has plenty of opportunities to protest the illegal entry through the court system.

Escalation of violence is a two-way street.  Why is the homeowner, the innocent party, the one who is made legally responsible for such escalation?  Why isn’t it the agent of the state who is responsible for any such escalation?  And while a homeowner may have plenty of opportunities to protest illegal entry after the fact (though this is debatable in real life) I would argue that the police officer had plenty of opportunities before the fact to get a freaking warrant.

From the AZ Republic

Arizona police officers accused of misconduct will soon have more protection.

Gov. Jan Brewer has signed six bills, backed by police unions, that spell out procedures for internal investigations.

Great, because it was not already hard enough to take action against bad cops in a system where all the insiders – police and prosecutors – generally close ranks to defend them from scrutiny.

The new laws are not all bad — at least one gives protections to internal whistle-blowers, something that is needed in a police culture that has an effective law of omerta against cops who call out other cops for bad behavior.  My guess, though, is that this rule will be used by unions who want to harass police management, rather than to protect street cops who testify against other street cops.

Defenders of the law said

Police unions weren’t asking for anything more than the due process an arrested citizen receives, said Larry A. Lopez, president of the Arizona Conference of Police and Sheriffs.

“Just because we wear uniforms, we’re not relegated to a watered-down version of constitutional rights,” said Lopez, a Tucson officer.

I have said a number of times that this is not quite true.  Police are given powers to use force against other citizens that the rest of us do not possess.  This necessitates a kind of scrutiny and oversight by the state that would not be appropriate or legal for the average citizen.  For example, police simply do not have the privacy rights in conducting their jobs that the rest of us do.  We have seen too many times that when we give police broad discretion, special powers, and no oversight (or even a nudge and a wink guarantee against oversight), bad things inevitably happen.

If you are confused about what I am talking about, go read Radley Balko’s archives.

We give police officers special powers to use force that we allow no other citizen.  As such, they should be subjected to special accountability and monitoring.  One wonders how many people have served time in jail for officers making up BS stories, actually reversing the direction of an assault, and making it stick because the legal system circles the wagons to protect its own.  Thank god for video.

http://ktar.com/category/local-news-articles/20110215/Arpaio-leads-in-poll-for-Senate-race/

The early returns are in, and right now it would seem Maricopa County Sheriff Joe Arpaio has the early edge in replacing Jon Kyl.

According to Roll Call, Arpaio led a field of potential Republican candidates by 21 percent in a poll of likely GOP primary voters.

Though this makes us feel better, a little

Maricopa County’s self-proclaimed “toughest sheriff in America,” Joe Arpaio, says he’s considering running for the U.S. Senate seat being vacated by Senator Jon Kyl.

That said, New Times guaran-damn-tees he won’t actually run.

“The issue is whether I want to leave this office and go to Washington and try to make a difference there, which I would do if I run and win,” the 78-year-old Arpaio tells The Hill. “I think I could do that job.”

Sorry, Joe, we’ve heard it all before.

As you may recall, Arpaio pulled a similar stunt last year when he claimed to be considering running for governor. And he did the same thing four years earlier, when he also claimed he was mulling over a run for the governorship.

In neither case did Arpaio actually run.

You see, Arpaio seems to get off on seeing his name in the headlines, and what better way to make that happen than to continually fuel speculation about potentially running for office — and a poll showing he’s the front-runner certainly doesn’t help things.

Update: This was an interesting post about how TV has become far more accepting of police and proprietorial abuse in its heroes, comparing quasi-terrorist Steve McGarrett from the current incarnation of Hawaii 5-0 with the respectful and conscientious Jack Lord version.  Next up, the new show Arpaio 4-8?

Younger readers will be forgiven for not fully understanding just how credulous the American public became during the late 80′s and early 90′s as the media, prosecutors, and various advocacy groups worked hard to convince us every school was a sort of Road-Warrior-like playground for child predators.  Adult after adult were convicted based on bizarre stories about ritual murder, sexually depraved clowns, and all kinds of other dark erotic nightmares.  In most cases there was little or no physical evidence — only stories from children, usually coerced after numerous denials by “specialists.”  These specialists claimed to be able to bring back repressed memories, but critics soon suspected they were implanting fantasies.

Scores of innocent people went to jail — many still languish there, including targets of Janet Reno, who rode her fame from these high-profile false prosecutions all the way to the White House, and Martha Coakley, just missed parleying her bizarre prosecutions into a Senate seat  (Unbelievably, the Innocence Project, which does so much good work and should be working on some of Reno’s victims, actually invited her on to their board).

Radley Balko has yet another example I was not familiar with.   The only thing worse than these prosecutions is just how viciously current occupants of the DA office fight to prevent them from being questioned or overturned.

I am particularly sensitive to this subject because I sat on just such a jury in Dallas around 1992.    In this case the defendant was the alleged victim’s dad.  The initial accuser was the baby sitter, and red lights started going off for me when she sat in the witness box saying that she turned the dad into police after seeing another babysitter made a hero on the Oprah show.  The babysitter in my case clearly had fantasies of being on Oprah.  Fortunately, defense attorneys by 1992 had figured out the prosecution game and presented a lot of evidence against, and had a lot of sharp cross-examination of, the “expert” who had supposedly teased out the alleged victim’s suppressed memories.

We voted to acquit in about an hour, and it only took that long because there were two morons who misunderstood pretty much the whole foundation of our criminal justice system — they kept saying the guy was probably innocent but they just didn’t want to take the risk of letting a child molester go.  Made me pretty freaking scared to every put my fate in the hands of a jury  (ironically the jury in the famous McMartin pre-school case was hung 10-2 in favor of acquittal, with two holdouts).

Anyway, one oddity we did not understand as a jury was that we never heard from the victim.  I supposed it was some kind of age thing, that she was too young to testify.  As it turns out, we learned afterwards that she did not testify for the prosecution because she spent most of her time telling anyone who would listen that her dad was innocent and the whole thing was made up by the sitter.   Obviously the prosecution wasn’t going to call her, and her dad would not allow his attorneys to call her as a witness, despite her supportive testimony, because he did not want to subject his daughter to hostile cross-examination.  This is the guy the state wanted to prosecute — he risked jail to spare his daughter stress, when in turn the state was more than happy to put that little girl through whatever it took to grind out a false prosecution.

update: This is a tragic and amazing recantation by a child forced to lie by prosecutors in one of these cases.  Very brief excerpt of a long article:

I remember feeling like they didn’t pick just anybody–they picked me because I had a good memory of what they wanted, and they could rely on me to do a good job. I don’t think they thought I was telling the truth, just that I was telling the same stories consistently, doing what needed to be done to get these teachers judged guilty. I felt special. Important….

I remember going in our van with all my brothers and sisters and driving to airports and houses and being asked if we had been [abused in] these places. I remember telling people [that the McMartin teachers] took us to Harry’s Meat Market, and describing what I thought the market was like. I had never been in there before, and I was fairly certain I was going to get in trouble for what I was saying because it probably was not accurate. I imagined someone would say, “They don’t have that kind of freezer there.” And they did say that. But then someone said, “Well, they could have changed it.” It was like anything and everything I said would be believed.

The lawyers had all my stories written down and knew exactly what I had said before. So I knew I would have to say those exact things again and not have anything be different, otherwise they would know I was lying. I put a lot of pressure on myself. At night in bed, I would think hard about things I had said in the past and try to repeat only the things I knew I’d said before.

This is a strategy that I think makes a lot of sense (via Overlawyered)

Vowing no longer to be Mister Nice City (assuming it ever qualified as such), Chicago is now willing to pay $50,000 to fight (successfully) a police-misconduct case it could have settled for $10,000:

Even though the city stands to lose money litigating every case under $100,000, a spokeswoman for the law department said that recently compiled figures showed the strategy seemed to be saving taxpayer money by dissuading lawyers from suing the police unless they are confident of victory.

I used to work for Emerson Electric, a company that amongst its divisions made both ladders and table saws, two sure-fire litigation magnets.  We got ladder suits, for example, from some guy who propped the base of the ladder up on 6 stacked paint cans and then leaned the top of the ladder on some high voltage lines, all during a hurricane and got hurt, and immediately sued the ladder manufacturer for making a defective product.

Emerson decided early on it was going to be a hard target.  It hired in-house legal staff and fought nearly every single suit all the way to court if necessary.  If attorneys had a good case of a real defect or negligence, fine, they could win their day in court.  However, if they were looking for a quick percentage of a settlement, they needed to look elsewhere.  Turned out there were a lot of the latter.

Here is a simple rule of thumb:  Public officials should have no expectation of privacy when performing their public functions.  Period.  Except for some really narrow exceptions, I can’t think of any justification for prosecuting people filming police officers than the officer’s desire to avoid accountability.

I grew up in the South and saw the tail end of Jim Crow.  This is how we are achieving the new equality — in the future, everyone will be treated by the criminal justice system like blacks have been in the deep south.

For those of you worried, the coyote that was shot by the Boston environmental police (!) was no relation.  Though I would not be surprised if RFK Jr. had them ordered after me, given his statements about global warming skeptics.  HT TJIC

It is impossible to trust the judicial process after reading this (via Radley Balko) and realizing that this kind of thing must go on all the time.  In fact, our heroes on TV shows engage in behaviors not much more honorable than this.  You can’t watch a TV crime drama for five minutes without seeing police and prosecutors pressuring witnesses.  I was Castle the other day with my 12-year-old daughter (her favorite show, and being a Nathan Fillion fan I am happy to watch it with her) and as usual they were interviewing some suspect and she started doing what has become her habit in these situations — she started screaming “lawyer — get a lawyer” at the suspect.  Good for her.

It is kind of an interesting exercise to compare the police account of this encounter with the video.   What do your eyes see?

I find it fascinating that so many commenters seem to believe that the police are entirely in the right to physically assault anyone who diss them.    One example:

For the 3 of you who commented above, I hope you never really need the cops.. You have no idea “what’s called for” as you have no law enforcement training (watching “police academy” doesn’t count). the Metro police go out there and do their job as best they can….

Bottom line, don’t mouth off to cops or plan on carrying really good dental insurance.

Or this  (remember, all she did was use words):

She was told to leave, she left and came back and started in with the officer. Too bad for her, she asked for it.

Thanks, police, for making sure we don’t ever have to encounter people in public who are not like ourselves

Finally Metro does something right. I ride the Metro regularly and I am sick and tired of this type of behavior. As a senior citizen I get fed up by the unruly behavior of today’s youth. … As for the cop, thank you

Or this one, where it is implied that it is the state’s duty to use physical violence to enforce etiquette:

What kind of home schooling did she have? Why is she acting like this? I can’t have any pity for her. She needs to take her uncivilized behavior somewhere else. Show some respect please. It appears she has no respect for authority or right or wrong. I feel for her parents if they should see this. Shameful, just shameful. The cop seems to just be doing his job. All she had to do was shut her sailor mouth and act like an adult.

Those who don’t show respect for the state will be tackled and taken to jail.  Metro police might as well come on over to my house and drag we away, because I have no respect for you either.

It pains me to admit that 30 years ago I was just such a “law and order” Conservative.  Bleh.

I have this same problem all the time now in Arizona:

To understand how badly we’re doing the most basic work of journalism in covering the law enforcement beat, try sitting in a barbershop. When I was getting my last haircut, the noon news on the television—positioned to be impossible to avoid watching—began with a grisly murder. The well-educated man in the chair next to me started ranting about how crime is out of control.

But it isn’t. I told Frank, a regular, that crime isn’t running wild and chance of being burglarized today is less than one quarter what it was in 1980.

The shop turned so quiet you could have heard a hair fall to the floor had the scissors not stopped. The barbers and clients listened intently as I next told them about how the number of murders in America peaked back in the early 1990’s at a bit south of 25,000 and fell to fewer than 16,000 in 2009. When we take population growth into account, this means your chance of being murdered has almost been cut in half.

Its almost impossible to convince folks that AZ is not in the middle of some sort of Road Warrior-style immigrant-led wave of violence.  In fact, our crime levels in AZ have steadily dropped for over a decade, in part because illegal immigrants trying to hang on to a job are the last ones to try to stir up trouble with the law (charts here, with update here)

In Phoenix, police spokesman Trent Crump said, “Despite all the hype, in every single reportable crime category, we’re significantly down.” Mr. Crump said Phoenix’s most recent data for 2010 indicated still lower crime. For the first quarter of 2010, violent crime was down 17% overall in the city, while homicides were down 38% and robberies 27%, compared with the same period in 2009.

Arizona’s major cities all registered declines. A perceived rise in crime is one reason often cited by proponents of a new law intended to crack down on illegal immigration. The number of kidnappings reported in Phoenix, which hit 368 in 2008, was also down, though police officials didn’t have exact figures. [see charts above, these are continuation of decade-long trends]

But over Thanksgiving my niece visited from the Boston area for a national field hockey tournament and her teachers and coaches had carefully counselled them that they were  walking into a virtual anarchy, and kidnapping or murder would await any teen who wandered away from the group.

Via TJIC, Copblock releases links to police officers accused of committing crimes.  The list for just one week is ridiculously long, and surely would be longer if not for the law of Omerta among police that cause only a small percentage of their crimes to see the light of day.  Congratulations to Phoenix area police (including Mesa and Maricopa County) for making the list seven times.

- Phoenix AZ cop who was charged with murder, planted drugs on mentally challenged homeless lady

- Phoenix AZ cop given 2nd degree murder charge after shooting unarmed man to death

- Mesa AZ cop grabs 2 women by the neck and slams their heads together

- Maricopa County AZ sheriff sued for intentionally locking disabled woman in jail cell w/several men for 6 hours

- 6 Mesa AZ cops sued for tasing, kicking and beating man

- Maricopa County AZ sheriff ordered to fix unconstitutional conditions at jails in ACLU suit by 9th circuit court

- Phoenix AZ cop arrested on DV-related aggravated assault after witness called cops

Solid work for one week.

I had this sent to me by several readers.

In that 2005 incident, Chrisman and his partner arrested a homeless woman on an outstanding warrant. According to the internal affairs investigation, Chrisman and his partner planted drug paraphernalia on the woman — because they wanted to play a joke on the woman, who is mentally challenged.

Take a look at the video — Chrisman puts a brilo pad and pipe in his partner’s left hand. His female partner then pretends to pull the pipe out of the woman’s dress.

Chrisman said he knew the suspect, and just wanted to get a rise out of her. He was suspended for one day and put on the Brady List — his partner was also suspended for one day and put on the Brady List.

The woman wasn’t charged with anything related to the planted evidence.

Video at the link.

It is hard to find the humor in planting evidence on a mentally-challenged homeless woman, though my guess is this became a joke only after the video appeared.

No matter what the officer’s explanation, the disturbing fact is that Phoenix police officers seem to carry on their person, as part of their equipment, throw-down drug paraphernalia.   Why is no one asking why Chrisman had the crack pipe in the first place, or how his team was so well trained that they could wordlessly set up the plant.  This whole episode smacks of something well-practiced.

One substantial problem with the TSA that is seldom discussed is that in the switch from using private security to government agents to screen passengers, there was always going to be a temptation by the Feds to expand the airport screening from narrowly a search for weapons that might endanger an airplane to a catch-all crime search point.  Here is an example of the latter:

That same screener started emptying her wallet. “He was taking out the receipts and looking at them,” she said.

“I understand that TSA is tasked with strengthening national security but [it] surely does not need to know what I purchased at Kohl’s or Wal-Mart,” she wrote in her complaint, which she sent me last week.

She says she asked what he was looking for and he replied, “Razor blades.” She wondered, “Wouldn’t that have shown up on the metal detector?”

In a side pocket she had tucked a deposit slip and seven checks made out to her and her husband, worth about $8,000.

Her thought: “Oh, my God, this is none of his business.”

Two Philadelphia police officers joined at least four TSA officers who had gathered around her. After conferring with the TSA screeners, one of the Philadelphia officers told her he was there because her checks were numbered sequentially, which she says they were not.

“It’s an indication you’ve embezzled these checks,” she says the police officer told her. He also told her she appeared nervous. She hadn’t before that moment, she says.

She protested when the officer started to walk away with the checks. “That’s my money,” she remembers saying. The officer’s reply? “It’s not your money.”

At this point she told the officers that she had a good explanation for the checks, but questioned whether she had to tell them.

“The police officer said if you don’t tell me, you can tell the D.A.”

One of my theories I have mentioned before on this blog is that the worst abuses of freedom occur when the Left and Right in this country agree.  Here is another great example — combine the Right’s law-and-order drive to hand more power to,  and remove accountability from, police and prosecutors with the Left’s need to string up some executives after the Enron collapse — and you get this:

The DOJ has inexplicably teed up another trial of Brown, who was the only one of the Merrill defendants who was convicted on additional charges of perjury and obstruction of justice for having the temerity of protesting his innocence to the grand jury that originally investigated the Nigerian Barge deal. Brown’s new trial is currently scheduled to begin on September 20.

But in the meantime, Brown’s legal team has been leafing through enormous amounts of exculpatory evidence that the Enron Task Force withheld from the Merrill defendants in connection with the first trial back in 2005, but which the DOJ has recently been forced to disclose.

The result of the Brown team’s effort is set forth below in the Supplemental Memorandum in support of a motion for a new trial for Brown on the perjury and obstruction charges (the downloaded version of the memo is bookmarked in Adobe Acrobat to facilitate ease of review). The memorandum details the appalling length that the Enron Task Force went during the first trial in suppressing exculpatory evidence in favor of Brown and his co-defendants and generally disregarding the rule of law in order to obtain convictions. As the memorandum concludes:

The conclusion is now inescapable that the ETF engaged in a calculated, multi-step process to deprive Brown of his constitutional right to Due Process. (1) They repeatedly denied the existence of Brady material, told this court they had met their Brady obligations and fought vehemently against producing anything [exhibit reference and footnote omitted]. They highlighted only selected material in a veritable garden of Brady evidence – much of their selections being vague, tangential or marginal–while working around clear, declarative, relevant exculpatory material even in the same page, paragraph or document. (3) When ordered by the Court to produce summaries to the defense, they further redacted even the Brady material they had themselves highlighted and withheld the crucial facts that they had highlighted as Brady. (4) They egregiously capitalized on their misconduct at trial by making assertions that were directly belied by the exculpatory evidence they withheld.  .  .  .

The memorandum goes on to set out dozens of Brady violations, including charts that compare the exculpatory statements that the Enron Task Force withheld prior to the first trial with the incriminating statements that the Enron Task Force extracted from witnesses during that trial.

Folks, this is really bad stuff. But as bad as it is, I have not seen any mention of it in the mainstream media.

I have had a bunch of people send me this article defending Arizona’s SB1070, our now infamous immigration law.  A couple of responses:

1.  I have never been wildly worked up by SB1070 after it  was amended a week or so after its initial passage.  I have used the debate around SB1070 to reiterate my case, particularly to Conservatives, for more open immigration.  Our immigration laws are prohibition redux, though in this case we are messing with people’s desire to work rather than drink.  As such, the laws to enforce the prohibition are less important to me than the fact of prohibition itself.   IOur immigration laws are an incredible restriction on commerce, free labor markets, and even private property (SB1070 redefines trespassing as not having the government’s, rather than the private owner’s, permission to be on a piece of property), and this is true with our without SB1070.

I would likely have dropped SB1070 coverage a while ago had it not been for the rhetoric that is used by SB1070 supporters.  When our governor is saying that the majority of Arizona’s 500,000 illegal immigrants are all drug mules, that none of them are really looking for honest work, and that all they do is cause crime up to and including beheadings in the desert, I get angry to hear the same stupid arguments that many of our grandparents heard about their ethnic groups (though the beheading thing seems to lack historical precedent).  (more on the immigration non-crime wave here).

2.  The language of SB1070 has never matched the arguments supporting it.  SB1070 mainly gives the police power to be more intrusive at certain traffic stops and harass day labor centers.  What in the heck does this have anything to do with drug cartels and armed paramilitary gangs on the border?  If, as our governor says, illegal immigrants are not really looking for legitimate work, then why is most of our enforcement via employers offering legitimate work?

3.  When Kris Kobach says “In four different sections, the law reiterates that a law-enforcement official ‘may not consider race, color, or national origin’ in making any stops or determining an alien’s immigration status,” he is ignoring reality.  The law asks police to make a determination (e.g. probable cause that one is an illegal immigrant) that is impossible for actual human beings to make without such profiling.  It’s like passing a law that says “police must drive their cars 30 miles a day but can’t drive their cars to do so.”  The reality on the ground here in Arizona is that, illegal or not, Sheriff Joe Arpaio has been using racial profiling to make arrest sweeps for years, and his officers have become masters at finding some pretext to pull over a Mexican they want to check out  (e.g. the broken tail light).   Words in this law about racial profiling are not going to change anything.

4.  Kobach makes much of the  revision of the law, post-passage, to narrow the circumstances under which police can stop and check for immigration status

But Section 2 of S.B. 1070 stipulates that in order for its provisions to apply, a law-enforcement officer must first make a “lawful stop, detention, or arrest . . . in the enforcement of any other law or ordinance of a county, city or town or this state.”

The original wording made reference to “lawful contact”; this was revised to “lawful stop, detention, or arrest” to make clear that officers could not stop someone simply on suspicion and ask for his papers.

There are folks, including most in the Obama administration, that are still criticizing the original “lawful contact” language and need to catch up.  However, this seems a thin branch for Kobach to stand on in lashing out at the law’s critics.  Because in fact this over-broad language did pass and get signed into law, and only the immediate and vociferous public backlash against the language caused it to be changed.  Kobach acts like it was changed based of some internal discussion or discovery of error, but in fact “lawful contact” was how Kobach himself helped write the law and wanted it to read, and was supporters like himself were forced to change it only after a lot of vocal opposition.  Its disingenuous to use the modified language as defense against critics when it was only due to the critics that the modified language was inserted.

At this point, I am done criticizing SB1070.  It is not a great law but it is not particularly worse, in its current form, than laws in some other states or federal law.  I don’t really anticipate that it will get struck down by the Supreme Court, though its enforcement may be enjoined through the hearing process.

However, I am not done criticizing our prohibitionist immigration regime nor am I done calling out those on the eliminationist side of the debate, like Jan Brewer, who are starting to show their true stripes as the debate proceeds.  I know some of you are tired of it and to some disagree with me, such that I have lost about half my readers over this.  But this debate has been an eye-opener to me.

For years I have taken many of the AZ politicians at their word that they had no problem with Mexicans per se but were concerned with the load on social services and other government budgets.  I understand how the intersection of immigration and the welfare state causes problems, and have proposed solutions to deal with them.  I am willing to have a friendly agree-to-disagree discussion with such folks.  But when our leaders are talking about 500,000 drug mules and mysterious beheadings and crime waves that somehow exist in a state with rapidly falling crime rates, its clear to me something more insidious is driving some of the folks in the debate.

For years police have had the ability to make up anything they want in describing an encounter with the public, and make it stick.  Video has become the public’s best accountability tool.  Of course this had to be in Maryland, where police argue that taking video of them is illegal.  It should be illegal not to.

Via the Washington Post:

President Obama urged reluctant lawmakers Saturday to quickly approve nearly $50 billion in emergency aid to state and local governments, saying the money is needed to avoid “massive layoffs of teachers, police and firefighters” and to support the still-fragile economic recovery.

In a letter to congressional leaders, Obama defended last year’s huge economic stimulus package, saying it helped break the economy’s free fall, but argued that more spending is urgent and unavoidable. “We must take these emergency measures,” he wrote in an appeal aimed primarily at members of his own party.

Of course, in retrospect we have learned that the first stimulus was mostly about saving government jobs as well, rather than creating any private stimulus.   Government workers are among the Democrats most reliable political supporters, and the SEIU, among other organizations, have had close ties to Obama for years.  State and local governments are finally facing some accountability for spending and being forced to roll back spending increases of the last few years that have far outpaced inflation and population growth, so of course Obama wants to short-circuit this accountability process.

Think about this — every one of these bailed out governments have certainly had local legislative deliberations and likely votes on bonds and tax increases over the last year.  If their problems still persist, its because the local taxpayers don’t want to pony up any more money for their local government and the local legislators refuse to cut spending sufficiently.  So if Smallsville, California won’t pony up more money for their government and won’t balance their budget, why should I be on the financial hook to bail them out?

Andrew Coulson looks at one of these groups, teachers, and wonders what all the fuss is about — its about time we laid some public school employees off after years of rapidly declining productivity:

I have been looking for a good excuse to clear my reader cache of a whole series of articles on government salaries and pensions, and this seems a really good time.

Much like the bailout of billionaires on Wall Street, the government worker bailout is targeting a group already doing much better than their peers in private industry.  (via Carpe Diem)

Related, via Carpe Diem:

“Who are America’s fastest-growing class of millionaires? They are police officers, firefighters, teachers and federal bureaucrats who, unless things change drastically, will be paid something near their full salaries every year–until death–after retiring in their mid-50s. That is equivalent to a retirement sum worth millions of dollars.

Chris Edwards has a related essay, focusing on federal government pay.

Matt Welch looks at two DC-area counties and shows how their relative financial health is closely related to their hiring and pay policies.

I have written before that the inexpensive handheld video camera is perhaps the most important innovation in police accountability in my lifetime.  So of course, the police want them banned.

In response to a flood of Facebook and YouTube videos that depict police abuse, a new trend in law enforcement is gaining popularity. In at least three states, it is now illegal to record any on-duty police officer.Even if the encounter involves you and may be necessary to your defense, and even if the recording is on a public street where no expectation of privacy exists….

In short, recordings that are flattering to the police – an officer kissing a baby or rescuing a dog – will almost certainly not result in prosecution even if they are done without all-party consent. The only people who seem prone to prosecution are those who embarrass or confront the police, or who somehow challenge the law. If true, then the prosecutions are a form of social control to discourage criticism of the police or simple dissent.

Folks who read Radley Balko or Carlos Miller will not find a lot new hear, but it is a very good overview of an issue that is hot among blogs but rarely if ever makes the major media.

After an encounter with the public goes wrong, the police have historically been able to make up any story they want and make it stick, in many cases shifting the blame to innocent civilians.  It is scary to see how many times this happens, with the officer’s story shown to be a lie by cameras on site (and even then it can be hard to get the police to investigate).  Only the combination of cameras and YouTube (to publicize the video so it can’t be ignored) have begun to bring some justice to these encounters.

HT Alex Tabarrok

Via Valley Fever:

In upholding the conviction of Josue Acosta Marquez, (a.k.a. Martin Contreras-Pulido) in an interstate marijuana smuggling case, the Circuit Court judges wrote that federal agents and Iowa cops did nothing wrong when they planted the electronic monitoring device on a pickup truck used by Marquez while it was parked at a Wal-Mart. Police accessed the unit seven times to change the batteries — always in a public place — and tracked the pickup as it drove between Des Moines and Denver.

Since anyone can see a vehicle parked or driving in public places, the use of electronics to enhance surveillance doesn’t violate Fourth Amendment rights regarding unreasonable search and seizure, wrote Justices Roger Wollman, James Loken and John Gibson.

No warrant neeeded. And there’s nothing stopping cops from planting those suckers as often and wherever they like, says the Eighth Court judges.

First, I have always thought that extended surveillance of a home or moving vehicle, beyond say a few hours, should require a warrant, even if it is all performed in public places.  I think most folks would consider such actions by a private party to be intrusive (thus many state stalking laws) and we generally hold the state to an even tighter standard.

Second, cost is important.  A surveillance approach that is difficult and expensive is less likely to be abused than one that is suddenly 10x or even 100x less expensive.  The judges acknowledge this, but then ignore the problem completely in their statement when they write:

It is imaginable that a police unit could undertake “wholesale surveillance” by attaching such devices to thousands of random cars and then analyzing the volumes of data produced for suspicious patterns of activity. Id. Such an effort, if it ever occurred, would raise different concerns than the ones present here.

Just get a freaking warrant — its not that hard, especially in this case when we are talking about extended surveillance and no particular rush to get started. This kind of lazy law enforcement has become endemic, and we shouldn’t tolerate it.

Proponents of tougher immigration enforcement often use crime as their big scare factor in trying to influence people to their point.  Only tougher laws and Joe Arpaio, they caution, stand athwart the coming immigrant rape of Phoenix.

But when the case is built on one or two high-profile crime where the perpetrator has not even been identified, rather than statistics, we can be suspicious of how strong the case is.  I have cited historical figures here, but the WSJ has the new figures for 2009:

Violent crime fell significantly last year in cities across the U.S., according to preliminary federal statistics, challenging the widely held belief that recessions drive up crime rates.

The incidence of violent crimes such as murder, rape and aggravated assault was down 5.5% from 2008, and 6.9% in big cities. It fell 2.4% in long-troubled Detroit and plunged 16.6% in Phoenix, despite a perception of rising crime that has fueled an immigration backlash….

In Phoenix, police spokesman Trent Crump said, “Despite all the hype, in every single reportable crime category, we’re significantly down.” Mr. Crump said Phoenix’s most recent data for 2010 indicated still lower crime. For the first quarter of 2010, violent crime was down 17% overall in the city, while homicides were down 38% and robberies 27%, compared with the same period in 2009.

Arizona’s major cities all registered declines. A perceived rise in crime is one reason often cited by proponents of a new law intended to crack down on illegal immigration. The number of kidnappings reported in Phoenix, which hit 368 in 2008, was also down, though police officials didn’t have exact figures.

And just to head off the obvious straw man, 2008 was not somehow a peak year, it was actually well below historical levels.

Police officers long for the days when they can make up any facts they wish about an encounter with the public and make them stick.  That is why, even if the public were required to videotape police, my guess is that officers would still find a reason to arrest them for wiretapping.

A reader sent me this interesting story about immigration within Cuba:

“I was caught because I was an illegal,” explained a bicycle taxi driver as he gripped the rusted blue handle-bars of his vehicle in Havana’s Central Park. “And because I’d been here several times before, I was deported back.”

But the driver working his trade in the capital city did not arrive in Cuba from another country. Instead he is among the thousands who have come from rural provinces in search of work and a place to live – but who have been deported back because of “Decree 217.”

The 1997 law restricts rural migration to Havana, making this taxi driver an illegal resident in his own capital city.

“If you’re illegal you can’t be here in Havana,” said the driver, originally from Cuba’s eastern Holguin province. “You don’t have an address here in Havana.”…

Economic conditions were generally worse at the eastern end of the island, according to Cuba analyst Edward Gonzalez, a professor emeritus at the University of California Los Angeles.

“[The eastern region] has always been the less affluent, impoverished part of the island,” he said, “heavily dependent upon agriculture, less on tourism, and also happens to be more black and mulatto.”

The effort to keep migrants out and prevent overcrowding in Havana may have resulted in police discrimination against darker-skinned Cubans presumed more likely to be illegal, Gonzalez said.