Posts tagged ‘police’

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.

 

Irony Alert!

From the Washington Post

President Obama will issue an executive order Monday that will allow U.S. officials for the first time to impose sanctions against foreign nationals found to have used new technologies, from cellphone tracking to Internet monitoring, to help carry out grave human rights abuses.

LOL, Foreign nationals identified by NSA communications monitoring as violating this order will be pinpointed by satellites and surveillance drones and hit with a cruise missile.

Hard to picture any American President in the last 20 years signing this with a straight face.   Is there a Federal law enforcement agency or major police force in this country who is NOT violating this order, had it applied to American citizens?

GRRRRRR

I grew up in Houston.  Around and embedded in Houston are a number of small cities and villages with their own police forces.  You generally really, really did not want to encounter these folks.  They often hired the dregs of large police forces, preferentially taking the hard cases even the larger forces could not tolerate.  I remember the small village next to my high school hired one of the Houston Police officers who beat Joe Campos Torres to death (after Texas courts gave the two leaders of the beating probation and at $1 fine for killing the Vietnam vet).  These police forces are famous for their hostility to non-whites.

So it comes as no surprise, but never-the-less with great irritation, to see another such Houston-area independent city (in this case Bellaire) refusing to punish criminal officers who gunned down an innocent man in his own driveway for the apparent crime of driving while black

Cop runs license check on a suspicious vehicle. Although they apparently committed no traffic violation, cop insists that his decision to run a check had nothing to do with the fact that the occupants were black, and happened to be driving in an affluent, predominately white neighborhood. The cop’s partner apparently then enters the wrong license number, which returns a car that had been reported stolen. So cop follows car into driveway, which happens to be the home of the driver’s parents, where he lives. Cop approaches driver and occupant with his gun drawn. Driver’s parents come out to see what’s causing the commotion. Cop roughs up driver’s mother. Driver gets up from ground to tell cop to lay off of his mother. Cop shoots driver, a full 32 seconds after pulling into the driveway.

The driver, who was unarmed, will now carry a bullet in his liver for the rest of his life. The cop was charged with first degree aggravated assault. A jury acquitted him. Now this week, U.S. District Judge Melinda Harmon dismissed the driver’s lawsuit against both the cop that fired his gun and the cop who entered the wrong license plate number, citing qualified immunity. According to Harmon, the officer acted “reasonably,” and moreover, wrongly accusing an unarmed man of stealing a car, pointing a gun at him, then shooting him in the liver, “did not violate [his] constitutional rights.”

Both cops are back on the force. The guy with the bullet in his liver? Tough luck. He’ll be paying his own medical bills.

Is the Real Intent of Cyber-Bullying Laws to Eliminate Criticism of Politicians?

Ken over at Popehat had a great article about  a proposed cyber-bullying law in Connecticut.  While he later reports the bill may have died in committee, it is still instructive to look at it, as its twin may well get passed in AZ and many other states are proposing such laws faster than the little animals pop up in a whack-a-mole game.

I am becoming increasingly convinced that these are all stealth attempts to protect politicians and public officials from criticism.  Look at the proposed law in CT:

(a) A person commits electronic harassment when such person, with intent to harass, annoy or alarm another person, transmits, posts, displays or disseminates, by or through an electronic communication device, radio, computer, Internet web site or similar means, to any person, a communication, image or information, which is based on the actual or perceived traits or characteristics of that person, which:
(1) Places that person in reasonable fear of harm to his or her person or property;
(2) Has a substantial and detrimental effect on that person's physical or mental health;
(3) Has the effect of substantially interfering with that person's academic performance, employment or other community activities or
responsibilities;
(4) Has the effect of substantially interfering with that person's ability to participate in or benefit from any academic, professional or community-based services, activities or privileges; or
(5) Has the effect of causing substantial embarrassment or humiliation to that person within an academic or professional community.

One of the tricks of these laws is to mix and thereby conflate outrageous behavior most all of us are willing to restrict (e.g. make a credible threat to someone's life) with everyday behaviors such as annoying people.

Let's say I were to write in my blog that, say, Joe Arpaio is an jerk and should not get re-elected.  Let's analyze the statement

  • It's transmitted electronically
  • It will very likely annoy Arpaio, since he is known to be annoyed by all criticism
  • I am trying very hard to interfere with his employment by preventing his re-election

By this law, therefore, even this relatively mild criticism is illegal.   In fact, since all criticisms of politicians can be said to negatively affect their re-election chances, by part 3 any political criticism online would be illegal.

I honestly don't think this is a bug, it is a feature.  Already police departments and other public officials are using cyber-bullying laws to stomp on those who criticize them.

Let Them Eat Tofu

This is just amazing -- Bloomberg has become too nutty even to caricature.  From CBS NY via Overlawyered

Mayor Michael Bloomberg’s food police have struck again!

Outlawed are food donations to homeless shelters because the city can’t assess their salt, fat and fiber content, reports CBS 2’s Marcia Kramer.

Glenn Richter arrived at a West Side synagogue on Monday to collect surplus bagels — fresh nutritious bagels — to donate to the poor. However, under a new edict fromBloomberg’s food police he can no longer donate the food to city homeless shelters.

It’s the “no bagels for you” edict.

“I can’t give you something that’s a supplement to the food you already have? Sorry that’s wrong,” Richter said.

Richter has been collecting food from places like the Ohav Zedek synagogue and bringing it to homeless shelters for more than 20 years, but recently his donation, including a “cholent” or carrot stew, was turned away because the Bloomberg administration wants to monitor the salt, fat and fiber eaten by the homeless.

Everything I Need To Know About The Effect of Metrics on Police Behavior I Learned from The Wire

Scathing report on how NY police gamed the process to improve their reported crime numbers.  Nothing in this should be the least surprising to anyone who watched a few seasons of The Wire.

These are not just accounting shenanigans.  There were actions the directly affected the public and individual liberty.  People were rounded up on the street on BS charges to pad arrest stats while real, substantial crimes went ignored in a bid to keep them out of the reported stats.

There is one part in here that is a good illustration of public vs. private power.  People who fear corporations seem to have infinite trust for state institutions.  But the worst a corporation was ever able to do to a whistle blower was fire him.  This is what the state does:

For more than two years, Adrian Schoolcraftsecretly recorded every roll call at the 81st Precinct in Brooklyn and captured his superiors urging police officers to do two things in order to manipulate the "stats" that the department is under pressure to produce: Officers were told to arrest people who were doing little more than standing on the street, but they were also encouraged to disregard actual victims of serious crimes who wanted to file reports.

Arresting bystanders made it look like the department was efficient, while artificially reducing the amount of serious crime made the commander look good.

In October 2009, Schoolcraft met with NYPD investigators for three hours and detailed more than a dozen cases of crime reports being manipulated in the district. Three weeks after that meeting—which was supposed to have been kept secret from Schoolcraft's superiors—his precinct commander and a deputy chief ordered Schoolcraft to be dragged from his apartment and forced into the Jamaica Hospital psychiatric ward for six days.

Phoenix Police Fail

On the way to work today, which is normally only a 5-minute drive for me, there was a small fender-bender among a couple of cars.  The cars did exactly what you are supposed to do:  they pulled off the road into a nearby parking lot so they would not block traffic.  The police could not be bothered, and just parked in the right lane, jamming traffic up for a mile or so.  I looked - there was no debris or anything in the road that they were trying to block (you can confirm that from the picture below), the police simply did not have the common courtesy that the other drivers had.

Yes, the police car below is actually parked and unoccupied in the right lane at morning rush hour.  The citizens involved can be seen pulled into the parking lot at the left.  Though it is hard to see from the picture, the traffic backup extends well into the distance.

Photography is Not A Crime

I was surprised to find this bit of awesomeness on the net:

Update: Speaking of which, Carlos Miller, from whom the title of this post is stolen, was yet again arrested for filming police in a public place.

Public vs. Private

Folks on the Left prefer public institutions over private ones because they percieve them as more "fair."  But the power of lawmaking and police and prisons allows public institutions to be far more abusive than private entities could ever be.  We spent months and years torturing ourselves about accounting abuses at Enron, but these are trivial compared the accounting shenanigans state institutions engage in every day.

Or consider this, from Europe, particularly the first bit

“In the event of default (i) any non-official bond holder is junior to all official creditors and (ii) the issuer reserves the right to change law as needed to negate any rights of the nonofficial bond holder.

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“We should not underestimate the damage these steps have inflicted on Europe’s €8.4 trillion sovereign bond markets. For example, the Italian government has issued bonds with a face value of over €1.6 trillion. The groups holding these bonds are banks, pension funds, insurance companies, and Italian households. These investors bought them as safe, low-return instruments that could be used to hedge liabilities and provide for future income needs. It was once hard to imagine these could ever be restructured or default.

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“Now, however, it is clear they are not safe. They have default risk, and their ultimate value is subject to the political constraint and subjective decisions by a collective of individuals in the Italian government and society, the ECB, the European Union, and the International Monetary Fund (IMF). An investor buying an Italian bond today needs to forecast an immediate, complex process that has been evolving in unpredictable ways. Investors naturally want a high return in order to bear these risks.

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“Investors must also weigh carefully the costs and benefits to them of official intervention. Each time official creditors provide loans or buy bonds, the nonofficial holders become more subordinated, because official creditors including the IMF, ECB, and now the European Union continue to claim preferential status.”

This is not to say that bondholders in private entities don't get crammed down in a refinancing or bankruptcy.  But here we are talking about differential treatment of holders of the exact same class, even issue, of securities.

Why Sheriff Joe is Still Sheriff

For those of you not in Arizona that wonder from all the articles about him why Sheriff Joe is still elected by almost landslide majorities, and why Republicans all over the state still beg him for his endorsement, here it is:

A subsequent examination of the sheriff's file showed that residents of Maricopa County wrote to him regarding the presence of Mexicans in greater Phoenix.

Citizens saw day laborers. They saw people with brown skin. They heard Spanish spoken.

And what the letters reveal is enormous anxiety about Hispanics:

  • "I always see numerous Mexicans standing around in that area . . . These Mexicans swarmed around my car, and I was so scared and alarmed . . . I was never so devastated in my life regarding these circumstances . . . Although the Mexicans at this location may be within their legal right to be there . . . I merely bring this matter to your attention in order that all public agencies, FBI, etc., may be kept informed of these horrific circumstances."
  • "I would love to see an immigrant sweep conducted in Surprise, specifically at the intersection of Grand and Greenway. The area contains dozens of day workers attempting to flag down motorists seven days a week."
  • "The Mesa police chief drags his feet and stalls . . . the head of the Mesa police union is a Hispanic."
  • "As a retiree in Sun City, formerly from Minnesota, I am a fan of yours and what you are doing to rid the area of illegal immigrants . . . when I was in McDonald's at Bell Road and Boswell (next to the Chase Bank) this noon, there was not an employee in sight, or within hearing, who spoke English as a first language — to my dismay. From the staff at the registers to the staff back in the kitchen area, all I heard was Spanish — except when they haltingly spoke to a customer. You might want to check this out."

And Sheriff Arpaio did check it out.

None of the Hispanics described in the letters had broken the law. It is not against the law to speak Spanish or work as a day laborer.

Arpaio nonetheless gave the correspondence to Deputy Chief Brian Sands. Federal Judge Snow determined that raids and roundups quickly followed. Hispanics were rousted because white people were uncomfortable.

Sheriff Joe once did a roundup in tony Fountain Hills, which I would be surprised if it had even 5% Hispanic population, and managed to drag in for various petty violations (e.g. cracked windshield) a group that was about 95% Hispanic.  His favorite thing to do, when he isn't busting into homes with Hollywood celebrities, is to send his deputies into a business and have them handcuff everyone with brown skin and refuse to release them until they or their family members have arrived to prove they are in the US legally.

This whole article is a good roundup of yet another abusive side of Arpaio, his flagrant disregard for public records laws and the rules of evidence.  In Maricopa County, "exculpatory evidence" and "shredded" have roughly the same meaning.

Say It Ain't So, Joe

Apparently, while Sheriff Arpaio was busy raiding businesses and zip-tieing everyone with brown skin and distracted by his attempts to arrest judges that handed down unfavorable decisions, there was actual violent crime happening in Maricopa County.  With the Sheriff busy with celebrities raiding homes suspected of cockfighting with tanks, minor stuff like rape got put on the back burner.  The story has just been discovered by the AP but it has been kicking around town for a while:

The Maricopa County Sheriff's Office failed to adequately investigate more than 400 sex-crime cases, including dozens in El Mirage, over a two-year period because of poor oversight and former Chief Deputy David Hendershott's desire to protect a key investigator from bad publicity, according to documents pertaining to a recent internal investigation released by the Sheriff's Office.

The errors led to interminable delays for victims of serious crimes who waited years for the attackers to be brought to justice, if they were ever caught.

More than 50 El Mirage sex-crime cases, most involving young children reportedly victimized by friends or family, went uninvestigated after police took an initial report. The lack of oversight was so widespread in El Mirage that it affected other cases: roughly 15 death investigations, some of them homicides with workable leads, were never presented to prosecutors, and dozens of robberies and auto-theft cases never led to arrests.

The East Valley Tribune actually had details on this story over three years ago, in a story that won a Pullitzer, but the Sheriff never bothered to do anything until the story hit the AP.

Employees were preparing to close the 99 Cent Discount Store in El Mirage on Aug. 20, 2006, when a teenage girl ran inside.

Agitated and refusing to leave, the 15-year-old girl told the store's manager that two men had just raped her in a ditch outside, a police report says.

Paramedics took the girl to Del E. Webb Hospital in Sun City West, where medical staff found physical evidence of sexual assault, according to deputy chief Bill Knight, head of the sheriff's central investigations, who researched the case.

At midnight, a detective from the MCSO's special victims unit arrived at the hospital to begin an investigation, the report says.

But the investigation never really began.

The MCSO closed the case a month later by designating it "exceptionally cleared," which is supposed to be applied to cases where a suspect is known and there's enough evidence to make an arrest but circumstances prevent an arrest. That designation allows the MCSO to count the case in the same reporting category as investigations that end in arrest.

But in this case, the detectives didn't have a suspect and appear to have done no work on the case.

I would love to see a reincarnation of "the Wire" focused on our Sheriff's department.  All the same corruptions in the show are on display every day here in Arizona.