Tag: law enforcement

Cops on Camera: LAPD Edition

The L.A. Times has an article highlighting the twentieth anniversary of the Rodney King beating and how video of that event introduced the LAPD to modern citizen journalism.

Today, things are far different and the tape that so tainted the LAPD has a clear legacy in how officers think about their jobs. Police now work in a YouTube world in which cellphones double as cameras, news helicopters transmit close-up footage of unfolding police pursuits, and surveillance cameras capture arrests or shootings. Police officials are increasingly recording their officers. Compared to the cops who beat King, officers these days hit the streets with a new reality ingrained in their minds: Someone is always watching.

“Early on in their training, I always tell them, ‘I don’t care if you’re in a bathroom taking care of your personal business…. Whatever you do, assume it will be caught on video,’ ” said Sgt. Heather Fungaroli, who supervises recruits at the LAPD’s academy. “We tell them if they’re doing the right thing then they have no reason to worry.”

That’s progress, and as I’ve said before, a video camera is an honest cop’s best friend.

There’s still plenty of room for improvement. The LAPD paid $1.7 million to a news camera operator injured by its officers at the 2007 May Day melee. LAPD officers have also been caught on camera assaulting a bicyclist and illegally detaining a man for taking photographs on a public sidewalk. You can track police intimidation of citizen journalists at Cop Block’s War on Cameras interactive map, patterned after Cato’s own Raidmap.

Here is the Cato video, Cops on Camera:

For more on cops and cameras, check out the event Cato hosted last year and Radley Balko’s feature at Reason, “The War on Cameras.”

Really Wrong Door Raid

The DEA and San Francisco Police Department conducted a really wrong door raid:

The SFPD and DEA found no piles of marijuana money at 243 Diamond St., one of six addresses raided simultaneously in San Francisco that morning. Instead, they found Clark Freshman, who rents the penthouse at the two-unit building. Freshman, a UC Hastings law professor and the main consultant to the television show Lie to Me, was put into handcuffs while in his bathrobe as agents searched, despite Freshman’s insistence that they had the wrong place and were breaking the law…

Soon they may be called defendants in a lawsuit. A furious Freshman has pledged to sue the DEA and the SFPD for unlawful search and seizure of his home…

[Officer] Biggs describes 243 Diamond as a “two-story, one-unit” building in the warrant. There’s no mention of Freshman or Larizadeh’s son-in-law or seven-months pregnant daughter who were detained in the downstairs unit that morning. But property records — and a quick visual scan of the property — reveal it to be a three-story, two-unit building. That mistake alone may be enough to invalidate the search warrant.

Read the whole thing. Professor Freshman’s closing quote is priceless. (H/T Uncle)

Miranda Ain’t Broke

The Federalist Society has a podcast up, Miranda & Terror Suspects, debating whether terrorism suspects should be given Miranda warnings. University of Utah law professors Paul Cassell and Amos Guiora debate the issue, and Richard D. Klingler of Sidley Austin LLP moderates. Cassell provides a slideshow to go with the audio file.

Listening to the podcast, I’m struck at how so many of the concerns cited by Cassell are already dealt with by existing case law. The Quarles case created a “public safety” exception to Miranda that allows officers to ask questions without giving Miranda warnings when there is an ongoing threat to public safety. In Quarles, a revolver hidden in a supermarket was enough to create the exception.

As I wrote at Townhall.com in August, the “public safety” exception has already been applied broadly in the terrorism context in United States v. Khalil:

In 1997, NYPD officers raided an apartment where two men had constructed pipe bombs and planned to detonate them on a subway or bus terminal. During the raid, the police shot and wounded the bomb maker as he lunged for a black bag containing the explosives.

After bomb technicians discovered that a switch on one of the pipe bombs had been flipped, officers questioned the wounded bomb maker about the number of bombs, how many switches had to be flipped to set them off, whether there was a timer, what wires to cut to disarm them, and whether they were intended as suicide devices. The Court of Appeals for the Second Circuit let all of the answers come into evidence via the public safety exception.

The public safety exception is settled law and has been ruled on by every federal circuit and over half the states, allowing police to deal with all manner of emergencies. Courts have allowed questions about the existence or location of guns, bombs, assault or kidnapping victims still in danger, accomplices and their identities, and plans for future crimes.

Add to this the fact that statements given before Miranda warnings are still admissible to impeach a suspect who changes his story when he gets to court, and that physical evidence obtained without Miranda warnings remains admissible.

So, here’s a practical proposal: the above list ought to be distributed to counterterrorism task forces across the nation. Instead of spending time and energy on a measure that is out of Congress’ power, have government lawyers create a pamphlet to educate the local, state and federal officers who will capture tomorrow’s aspiring terrorist. Boil down the law to bullet points and put it on a business card so that they have it on hand when the next emergency unfolds. That’s a tool first responders can use.

More on the Siobhan Reynolds Case

Building on Ilya Shapiro’s post on the sealed grand jury proceedings against Siobhan Reynolds, founder of the Pain Relief Network, and the sealed Reason Foundation/Institute for Justice amicus brief, here is some more background on the Wichita witch hunt:

The U.S. Attorney’s Office in Wichita, Kansas, indicted physician Stephen Schneider and his wife, Linda, a nurse, for illegal drug trafficking in December 2007. Reynolds found an eerie parallel between Schneider’s case and the prosecution that denied her husband pain medication, so she took action. Her public relations campaign on behalf of Dr. Schneider so annoyed Assistant U.S. Attorney Tanya Treadway that Treadway sought a gag order to bar Reynolds’s advocacy. The presiding judge denied the gag order.

When the judge denied Treadway’s gag order, Treadway instead subpoenaed Reynolds for records related to Reynolds’s PR campaign against the prosecution of the Scheiders. Ms. Reynolds resisted the subpoena and tried to challenge it in court, but the $200 daily fine intended to ensure compliance with the subpoena has left Reynolds pretty much bankrupt.

This case represents the worst of government excesses in federal overcriminalization and overzealous prosecution. The federal government continues to treat doctors as drug dealers, as Ronald Libby points out in this Cato policy analysis. The grand jury, intended as a check on prosecutorial power, instead acts as an inquisitorial bulldozer that enhances the power of the government. My colleague Tim Lynch examined this phenomenon in his policy analysis A Grand Façade: How the Grand Jury Was Captured by Government.

Cato Adjunct Scholar Harvey Silverglate examined the case of Dr. William Hurwitz in his book, Three Felonies a Day: How the Feds Target the Innocent. The DEA turned a few of Hurwitz’s patients into informants and prosecuted Hurwitz. When Hurwitz shuttered his practice, two of his patients killed themselves because they could not get prescriptions for necessary painkillers. Siobhan Reynolds’s husband, another of Hurwitz’s patients, could not get essential medication and died of a brain hemorrhage, likely brought on by the blood pressure build-up from years of untreated pain.

Ninja bureaucrats continue to treat doctors that prescribe painkillers as tactical threats on par with terrorist safehouses. When the DEA raided the office of Dr. Cecil Knox in 2002, one clinic worker “thought she and her husband, who was helping her in the office that day, would be shot. She looked on in horror as an agent put a gun to his head and ordered, ‘Get off the phone! Now!’” Radley Balko chronicles this unfortunate trend in Overkill: The Rise of Paramilitary Police Raids in America, and the Raidmap has a separate category for unnecessary raids on doctors and sick people (sorted at the link).

Taser Cameras

UPI is reporting that the Taser Corporation is selling cameras that mount on their stun guns.

The cameras automatically turn on when the Taser is removed from its holster and its safety device is released.

“Video is going to help the officer,” said Cmdr. Steve Wilkinson, internal affairs investigator for the West Melbourne (Fla.) Police Department. “And if you don’t record it, the kid down the street with a cellphone is going to use it.”

As I wrote in this post and said in this video and this forum, this is the future of law enforcement. Taser-mounted (or handgun-mounted) cameras can show the circumstances leading up to a use of force and prevent lawsuits where force was justified. The camera’s presence on a weapon, however, can provide officers an incentive to present the taser or handgun sooner rather than later. Departments would be better served with head-mounted cameras, which are also likely to capture more of the events before an officer employs physical force. Expect more of this as these devices become cheaper (and tamper-proof).

Regardless of the form, use of recording technology to provide more transparency and accountability in law enforcement is a good thing.

Embed the Raidmap

Cato Fellow Radley Balko highlighted the trend toward heavy-handed police practices in Overkill: The Rise of Paramilitary Police Raids in America. Radley continues to chronicle police abuses at The Agitator and Reason. Recent examples of police excesses include the unnecessary death of seven-year old Aiyana Jones in Detroit and this raid on an innocent elderly couple in Chicago (immigrants who fled the Soviet Union because of oppression).

One of the fruits of Radley’s research was the Raidmap, a Google map application that allows you to see the scope of this epidemic of “isolated incidents.” You can also sort botched raids by category: death of an innocent, raid on an innocent suspect, death or injury of an officer, death of a nonviolent offender, unnecessary raids on doctors and sick people, and other examples of paramilitary police excess.


View Original Map and Database

Now you can embed the Raidmap on your website or blog as seen below. The code is on the Raidmap page.

Pass it on.

Judge Dismisses Wiretapping Charges against Motorcyclist for Recording Traffic Stop

Maryland Circuit Court Judge Emory A Pitt, Jr. has ruled that motorcyclist and Maryland Air National Guardsman Anthony Graber did not violate the Maryland wiretapping statute when he recorded his traffic stop. The wiretap law does prohibit the recording of audio where there is a “reasonable expectation of privacy,” but Judge Pitt found that a police officer performing a traffic stop has no such expectation of privacy.

“Those of us who are public officials and are entrusted with the power of the state are ultimately accountable to the public,” the judge wrote. “When we exercise that power in public fora, we should not expect our actions to be shielded from public observation.”

As I said in this op-ed, and as Clark Neily, Radley Balko and I pointed out in this video, Maryland police officers have used the “expectation of privacy” claim as a tool to deter anyone from recording on-duty police officers. In Anthony Graber’s case, a Maryland state trooper cut off Graber in an unmarked car and emerged from the driver’s side door in jeans and a gray pullover, gun drawn and badge not visible. It looked like a carjacking, and Graber was not charged for recording the encounter until he posted it on YouTube. The message to other Marylanders was clear: record the police, and you will face arrest and felony prosecution.

The prosecutor behind the case against Graber, Joseph Cassilly, spoke on a panel last week at Cato. He made clear that he disagreed with the structure of the Maryland wiretapping law, and was using the case to push the legislature toward a single-party consent wiretap statute. While I agree with a move to a single-party consent law, it is satisfying to see the charges against Anthony Graber reduced to the traffic violations that instigated the encounter in the first place.