Tag: Police Employees

Without Due Process of Law

 

“If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary.”
― from The Federalist Papers, No. 51, by James Madison.

United States Attorney General Jeff Sessions is a fan of civil asset forfeiture, and last year he reinstated the federal partnership with state and local authorities that had been ended by the previous Attorney General, Eric Holder. That partnership allows state and local police to share seized assets with federal authorities if they claim even the flimsiest trespass on federal law by the forfeited assets (in a pretzel-like twist of legal reasoning, it is the assets themselves that are accused, not the person or persons who own them). Engaging the federal government in this way allows state and local police to bypass their civil asset forfeiture laws because they are superseded by federal laws, which are often more favorable to the police. The feds then give the state and local cops a kickback of all or part of the proceeds. This is called “equitable sharing” or, more cutely, “federal adoption”.


100 U.S. DOLLARS - MONEY - Free For Commercial Use - FFCU (26742846243)
Getting pulled over for a minor traffic violation while carrying a large amount of cash can lead to a nightmare civil asset forfeiture scenario for the driver, regardless of the legitimacy of his or her claim to the cash. Only the rich can afford to fight city hall in court. Photo by photoo.uk.

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

― The Fifth Amendment to the United States Constitution, with the due process clause.


It’s hard to imagine how the law can be more clear than this: ” . . . nor be deprived of life, liberty, or property, without due process of law . . . ” To be doubly sure, there is another due process clause in the 14th Amendment. Yet here we are, with police abusing the citizenry by stealing from them, sometimes without even a formal charge filed, but only on mere suspicion of a crime having been committed with the asset or assets, and keeping the proceeds in order to augment their budget. There are slight differences in the law from state to state, but in many states the police are allowed to keep seized assets, which also clearly violates the last clause of the Fifth Amendment, the takings clause. It’s impossible to imagine a more blatant case of conflict of interest, adding insult to the injury of the initial seizure.

 

In a civil asset forfeiture case, the burden of proof is often on the citizen whose assets were seized, not the authorities who took them. In order to retrieve seized assets, a citizen must prove they were not used in the commission of a crime or are a result of criminal activity, and this proof must be forthcoming even when the police have not filed a charge in court. Apparently the only thing to prevent the police from more flagrantly abusing the civil asset forfeiture laws more than they do is the basic decency and good character of the majority of them. But men are not angels, as James Madison wisely observed, and to allow these laws to remain on the books is to invite corruption of the police and further erosion of public trust in government.

WilliamJeffersonFreezerCash20-45L
Cash found in a freezer at the Washington, D.C. home of Congressman William J. Jefferson of Louisiana. This photo was entered as evidence in July 2009 showing what was seized in August 2005 from the freezer of the home of then Rep. William Jefferson, D-New Orleans. Jurors in the trial of Jefferson, who lost his re-election bid in 2008 while under indictment for bribery, saw photos of the infamous frozen cash. It was wrapped in $10,000 increments and concealed in boxes of Pillsbury pie crust and Boca burgers. Photo by the U.S. Attorney’s Office.

A flagrant case of abuse occurred last year in Jeff Sessions’s home state of Alabama, in the small town of Castleberry in the south central part of the state. To generate revenue for his little town, the mayor hatched a plan for taking advantage of Alabama’s very favorable civil asset forfeiture laws by confiscating cash and property from citizens and visitors alike, but especially out of state visitors, often using entirely invented suspicions. The police chief made no bones about it on public forums, where he joked about how the bogus money grabbing had been a windfall for the town of Castleberry and its nascent police department, now flush with fancy new equipment and patrol cars. Eventually bad publicity caught up with the mayor and police chief of Castleberry, and they were hit with a lawsuit. On a national scale, what happened in Castleberry doesn’t amount to much other than a clear distillation of everything wrong with civil asset forfeiture.

Attorney General Sessions, waving the bloody shirt of the War on Drugs, nevertheless wants to continue civil asset forfeiture and expand it, if he can get away with it. His motivations are unimportant other than how they forecast all the draconian policies he’s likely to see through while he is in charge of the Department of Justice. The important thing is that he has opened up one of the very few issues that attracts a bipartisan consensus in Congress, and that has been for less civil asset forfeiture, not more.

Highway robbery in Stanley Kubrick’s 1975 film Barry Lyndon, with Ryan O’Neal as Redmond Barry. Under America’s civil asset forfeiture laws, the gold guineas in Barry’s purse, and the horse he rode in on, could be forfeited to the robbers, or police.
The strange history of this policy of official stealing from the innocent and the guilty alike also matters little, except perhaps to those appellate court judges who fall back on referring to obscure precedents of legal reasoning as convoluted and ultimately irrelevant as the debates of clerics who wondered how many angels might dance on the head of a pin. Congress can take this matter away from both Sessions and the judges by enacting legislation rolling it back. Really it should be swept away entirely, along with the War on Drugs it purportedly assists, as failed policies which have corrupted the police and eroded public trust every bit as much and in the same way as Prohibition did in the early decades of the twentieth century, when civil asset forfeiture first became a major police tactic. It seems we never learn lessons once and for all, but have to forever relearn them.
― Ed.

 

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The Chickens Have Come Home to Roost

 

It’s hard not to notice the impact of the national security state in daily life, particularly for people who travel regularly or pay attention to news stories. Pat downs and x-rays at the airport, police road blocks with DNA swabs that are voluntary but are implied by the police to be mandatory, stop and frisk in minority neighborhoods, the shoot first and ask questions later garrison mentality of the police, SWAT team no-knock raids, and the nearly complete disregard by governmental authorities for citizens’ rights under Fourth Amendment protections against unreasonable or warrantless search and seizure operations.

It may be hard to believe it is the citizens of the republic who allowed their agents in government to accumulate all that oppressive authority. People like to think government has a natural tendency to creep into citizens’ lives and to aggrandize itself at their expense, and that is true. What people often fail to acknowledge, especially in a nominally democratic republic such as the United States, is their own complicity in allowing the government to get away with it.

Fear can cause people to do some foolish things, and one of  them is relinquishing unchecked authority to government following a catastrophe, such as what happened after the events of 9/11/2001 in the United States. Save us! Kill them! The tendency of people to allow themselves to be stampeded toward war has long been noted by manipulators in government, industry, and the press, who have used it to their advantage. There is a long history in America of cynical manipulations toward war, but perhaps the most blatantly obvious occurred at the start of the Spanish-American War shortly before the turn of the twentieth century.


The citizenry are usually stirred to support these wars by patriotic fervor and by some wildly exaggerated stories in the popular press of atrocities supposedly committed by the new enemy. Most people tend not to take time away from their busy lives to examine things more closely and rationally. Remember the Alamo! Until thirty or forty years ago, except for the large scale conflicts of the Civil War and the two World Wars, Americans could largely go about their daily lives without reference to the far away battlefronts their leaders had stirred them up to support initially.


In the 1941 film Citizen Kane, Orson Welles as Charles Foster Kane, a newspaper publisher at the time of the Spanish-American War, throws a party to celebrate his hiring of the staff from a rival newspaper. His colleagues, played by Joseph Cotten as Jedediah Leland and Everett Sloane as Mr. Bernstein, provide commentary on the proceedings.

Superficially, that still seems to be the situation at home, where Americans can go shopping, while far away the world burns. Look more closely, however, and it becomes obvious that the so-called “War on Terror” is different than any other past war in that to a hitherto unprecedented degree it has allowed government to infiltrate lives at home as well as abroad in the name of security. The reasoning is that there is no “front”, as in a conventional war; the front is everywhere, and government must therefore defend everywhere, from flying drones over the huts of Afghani opium farmers to using the NSA to monitor the communications of American citizens.

 

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A 2007 image of Susan Hallowell, Director of the Transportation Security Administration’s research lab, taken with the backscatter x-ray system, in use for airport security passenger screening. This is not the image that screeners see at the airports. The machine that took this image does not have the privacy algorithm.

People line up for security checks at the airport, the majority of them probably unconcerned with the larger issues of government oppression and infringements on their liberty as long as they can get through with minimal hassle to themselves. But the hassles will only grow. Highway road blocks and intrusive police demands will only increase. The courts will continue upholding these practices and implicitly grant the authorities ever more leeway in pushing people around in the name of security. The way the American military occupiers treated the Filipinos in the early years of the twentieth century continues reverberating in unexpected ways, such as in how it informed our use of torture in the early twenty-first century; our treatment of various Latin American countries throughout the twentieth century haunts our relations there and here to this day; and at last the methods, materiel, and mindset of occupation we are deploying throughout the world today, and particularly in the Middle East, have come home to us, the fearful perpetrators of so much unnecessary violence. That’s Homeland Security.
― Vita

 

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Just Following Orders

 

For the second time in a week, the current President, the Thug-in-Chief, made despicable assertions in a speech before an organization of uniformed members, bringing them down to his level, though in the case of the cops and cop cadets he addressed on Friday, they did not have as far to fall as the Boy Scouts he spoke to on Monday. In his Friday speech at Suffolk County Community College in Brentwood on Long Island, New York, the current President advocated police brutality in the treatment of criminal suspects in custody, to cheers and applause from his audience. It’s impossible to excuse either the statement or its reception, but in the President’s case disrespect for the rule of law and for basic decency is to be expected, while the cops and cop cadets should know better.

 

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Police in riot gear blocking a checkpoint into the Washington, D.C. parade route at George W. Bush’s second presidential inauguration on January 20, 2005; photo by Jonathan McIntosh. Militarization of the police effectively circumvents the Posse Comitatus Act of 1878.

 

The presumption of innocence is not stated outright in the United States Constitution, but it is implied in Article I and in several of the Amendments. There is also a long history of the presumption of innocence in common law, and in judicial precedent in the United States. The current President thinks he knows better, and is prepared to act as judge, jury, and executioner whenever he feels the urge, and now he has encouraged the police to do the same. In May 1989, he took out a full page advertisement in the New York City papers inflaming the populace against the Central Park Five, teenaged males who were suspects in the brutal rape and near murder of a female jogger in Central Park two weeks earlier. The five youths were convicted in 1990 and sent to prison.

 

Eleven years later a man stepped forward, claiming he was the lone perpetrator of the assault. After an investigation by the Manhattan District Attorney, the convictions of the Central Park Five were vacated by the New York Supreme Court the following year, in 2002. The Central Park Five, now free men in their thirties, sued the city for $250 million, ultimately settling for $41 million in 2014. Through all these investigations and the subsequent lawsuit, in which it became clear the young men’s confessions were coerced by the police, the vulgarian who became president of the country in the 2016 election not only refused to apologize for his inflammatory rhetoric against them, but refused even to acknowledge he had been wrong. As for his blanket call in his full page ad for the police to exercise overly broad, even illegal authority, it’s obvious from his recent remarks that he hasn’t changed his noxious opinion.

In the 1960s TV show Dragnet, the Los Angeles police detectives Joe Friday and Bill Gannon, played by Jack Webb and Harry Morgan, respectively, may be corny, but they display a better grasp of the rule of law and basic decency than the current President. Perhaps if they had known what was in store for our country, they might have talked to him in this video clip. Still, it’s doubtful any of it would have sunk in.

 

Rhetoric encouraging police brutality, when it comes from the head of the executive branch of the federal government, the branch entrusted with enforcing the nation’s laws, is unfathomably irresponsible. At a time when incidents of police brutality, non-judicial executions, and trampling of citizens’ Constitutional rights are making headlines nearly every day, such stupid remarks from the Vulgarian-in-Chief grant permission for cops all over the nation to do more of the same without fear of repercussions, indeed to do so with the excuse that they were just following orders. That’s an excuse with an old, despicable history, and if it becomes acceptable here then we will at last have shut the door on our free society with an echoing, prison cell clang.
― Vita

 

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Watching Out for Number One

 

After numerous high profile cases of questionable use of deadly force by the police in the past few years, the cry has gone up from the public and from politicians for more widespread use of police body cameras to augment the already prevalent use of dashboard cameras in police cars. The technology does not present a difficulty since data storage capacities have skyrocketed and battery strength in a compact device has increased enough to allow recording over an eight hour shift. The difficulty is with how human beings implement the technology and whether the technology will improve how police interact with citizens.

 

There is evidence that when police wear body cameras the incidences of police violence and abuse of authority declines. That is, the incidences decline when a rigorous protocol for the use of the body cameras is instituted and enforced by civil authorities and police management. In some places, the police have body cameras but their use is left too much up to individual officers, and that naturally leads to the officers recording only the encounters that they calculate will make them look good. A lax protocol like that amounts to none at all. The American Civil Liberties Union has put out an excellent article detailing the best ways to deploy police body cameras and the drawbacks their use may entail.
Barney Miller cast 1974
1974 cast photo from the television series Barney Miller. Clockwise from left: Ron Glass (Ron Harris), Jack Soo (Nick Yemana), Hal Linden (Barney Miller), Max Gail (“Wojo” Wojciehowicz), Abe Vigoda (Phil Fish) (back toward camera). The show took place in the fictional 12th Precinct in Greenwich Village, New York City. Over the years since its initial airing in the 1970s, police have praised the show as a more realistic portrayal of day to day police work than many higher octane TV shows and movies.

 

It’s not surprising that police behave better when they know they’re being watched. The question is why they bear watching. Certainly police work isn’t like warehouse work; police work is often stressful, with the ever present possibility of a dangerous encounter, and by its nature the work involves dealing with other people every day in an environment that can be hostile. That’s the job they volunteered to do. No one drafted them. The fact that it’s not relatively placid like warehouse work is therefore no excuse for police officers acting like dangerous loose cannons when the going gets tough, and definitely not when they feel like going off on someone for some piddling reason that they will later claim “made them fear for their life”. As the saying goes, you knew the job was dangerous when you took it.

 

Fort Apache Police Precinct, 2007
The former 41st Precinct Station House at 1086 Simpson Street in Foxhurst, The Bronx, New York, in the summer of 2007. The building was formerly known as “Fort Apache” due to the severe crime problem in the South Bronx; photo by Bigtimepeace.

The real problem is lack of accountability for officers who behave criminally, and a police culture that from academy training onward instills an “Us vs. Them” mentality. Body cameras are all well and good, and as a purely technological answer to the problem they are excellent, providing privacy issues for both the officers and the public are addressed. But body cameras will take the solution only halfway, if that. Until the public demands that criminal police officers face the kind of punitive and fiscal penalties everyone else in society must face, we’ll continue to see the same violent, bullying behavior from some cops. Paid administrative leave (a paid vacation for being a jerk!) and penalizing the taxpayers with a fine is not going to do it. How could anyone in their right mind, excepting a police union boss, expect otherwise?

The matter of police culture is harder to address. It starts with training and continues with taking away all the militaristic toys police departments have acquired in the past forty years, and most of that in the past twenty. No, you are not a soldier on garrison duty in a hostile foreign country. You are a police officer – a peace officer, if you will – at home amongst your fellow citizens, friends, and neighbors, vile as some of them may seem to your law abiding heart. Playing dress up in GI Joe gear with full body armor and intimidating your fellow citizens with armored personnel carriers and other cool stuff should not be part of the job description. Changing that macho police culture won’t happen, however, until the public stops living in fear of every little thing, handing over far too much authority, money, and blind obedience to a group of men and women meant to be our servants and not our masters, some of whom unfortunately respond to the situation by puffing themselves up with arrogance and steroids, looking and acting like goons any sensible person would run away from, rather than the friendly cop on the beat, a fellow citizen instead of an overseer.
― Techly

 

 

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