Tag: police

Categories
Fourth Amendment rights media and media people property rights

The Realism of ‘Rebel Ridge’

Rebel Ridge, Civil Asset Forfeiture, law, police, abuse, corruption

Some viewers of the popular Netflix film Rebel Ridge say that it’s unrealistic. But a certain crucial assumption of the story is very realistic indeed.

The movie assumes that some cops are bad cops. More specifically, it assumes that bad cops often have arbitrary legal authority to do bad things. In the movie, what gets the ball rolling is the arbitrary authority conferred by America’s civil forfeiture laws.

These laws permit officers to confiscate cash on your person if they merely have a suspicion, or pretend to, that the cash is ill-​gotten. They needn’t have evidence that it’s drug money or bank-​robbery proceeds. 

The suspicion is enough.

And even if you can show that the money was acquired by your own hard work and withdrawn from your bank account in pursuit of a legitimate end — buying a truck, bailing a cousin out of jail (the reason that the protagonist carries cash in Rebel Ridge) — that’s typically not the end of it. It’s rare that the law-​empowered thugs who violated your property rights just say “Oops!” and hand your property right back.

J. Justin Wilson of the Institute for Justice observes another realistic portrayal of injustice in the movie, “over-​detaining defendants to keep them quiet.” In real life, though, such over-​detention may have as much to do with bureaucratic sloth as with malice directed toward a particular prisoner.

The solution, says Wilson, is not revenge, but the kinds of legal reform IJ fights for. The movie, on the other hand, leaned more on revenge.

This is Common Sense. I’m Paul Jacob.

PDF for printing

Illustration created with PicFinder and Firefly

—

See all recent commentary
(simplified and organized)

See recent popular posts

Categories
crime and punishment general freedom

ATF’s 115-​Year Mistake

mistaken identity, prison, guns

“Oops. Sorry about almost sending you away for 115 years. Case of mistaken identity and dishonest testimony.”

But Bryan Montiea Wilson did not get even a “sorry” from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) or local law enforcement.

Wilson, who works for a railroad equipment manufacturer, had never been arrested when ATF agents nabbed him in December 2023. Accused of gun and drug sales to local police officers said to be working with the ATF, Wilson could only repeatedly assert his innocence.

His looming punishment included up to 115 years in prison and millions in fines. Then, suddenly, he was released.

How did Wilson wind up being falsely accused? The Truth About Guns site reports that prosecutors realized their blunder after his court-​appointed lawyer investigated. But an uninformative request to dismiss the case is all ATF offered.

“Further review … reveals that the interests of justice would best be served by a dismissal of the pending charges as opposed to further prosecution.… The Government respectfully requests that the Court dismiss the pending charges against defendant Bryan Montiea Wilson.”

I guess we can thank the prosecutors for mentioning “justice.” But there should at least be an accounting in such cases; and this accounting, plus further consequences, should be mandatory.

“Something got messed up and they landed on me,” Wilson says. “I don’t know how this happened, but it can’t happen again. It shouldn’t happen again.”

Wilson has filed a federal civil rights lawsuit.

This is Common Sense. I’m Paul Jacob.

PDF for printing

Illustration created with PicFinder and Firefly

—

See all recent commentary
(simplified and organized)

See recent popular posts

Categories
local leaders too much government

Brave New Budgets

Denver, migrants, police

“Stay here and you will suffer.” 

That’s the message Denver’s Newcomer Communications Liaison Andres Carrera delivered to migrants last month, according to the city’s NBC 9 News.

“You don’t have to walk anywhere, we can buy you a free ticket,” Carrera offered. “You can go to any city,” he said, mentioning New York and Chicago, specifically. 

“We can take you up to the Canadian border, wherever!”

Denver is now preparing to spend $90 million on migrant programs this year. 

In the last fiscal year, New York City spent $1.5 billion “for asylum seeker shelter and services,” and those expenses are going up. Chicago’s “City Council is set to vote on spending another $70 million in city funds for migrant services,” Block Club Chicago reported last week, “just five months after Mayor Brandon Johnson’s 2024 budget allocated $150 million for new arrivals this year.”

We hear about the costs of the border crisis; these whopping numbers certainly clarify that matter. 

Still, something else caught my attention. 

Denver is making a 2.5 percent cut to most city agencies, while reducing the police department budget 1.9 percent, an $8.4 million dollar decrease for cops. Some charge that’s de-​funding the police.

“The City of Denver’s adjustment to the Denver Police Department’s budget was carefully crafted with safety leaders and Mayor [Mike] Johnston,” a spokesperson explained, “to ensure there would be no impact to the department’s public services,” 

Crafted with care. And having precisely zero impact.

Imagine had you or I suggested to politicians and government officials that we slice millions of dollars from their budgets. We’d be accused of gutting education and undermining public safety … if not starving the children.

Who knew it could be so easy and painless for them?

This is Common Sense. I’m Paul Jacob.

PDF for printing

Illustration created with PicFinder and Firefly

—

See all recent commentary
(simplified and organized)

See recent popular posts

Categories
crime and punishment folly

Crime Fighters Give Up

Canada, Toronto, police, crime, prevention

Fight crime — give criminals all your stuff today!

This isn’t my view. But it’s the apparent view of some — I hope not many — Canadian police officers.

At a recent public meeting about coping with crime, a Toronto police officer told people that to reduce the chances “of being attacked in your home, leave your [car key] fobs at your front door. Because they’re breaking into your home to steal your car. They don’t want anything else.”

To reduce the risk to you personally, give up in advance.

Are you following the reasoning? Because I’m not. And I am very disinclined to leave my car keys and cash and my Taiwanese history library in a heap near the front door to buy off home invaders.

Instead, perhaps everybody in high-​risk neighborhoods should install a trap door in their vestibule, rigged in such a way that anybody who forcibly breaks into the home is immediately dropped into a vat of starving piranhas.

AIER’s John Miltimore sees an “obvious problem” with the policeman’s helpful advice. The problem is that he is asking people to encourage burglary and theft, to make it “easier, not harder, to steal vehicles, diminishing the time it takes to commit the crime, thus lowering the risk involved.” If a lot of people follow the advice, this would tend to increase car thefts.

It all reminds Miltimore of the movie Robocop and its crime-​ridden landscape. “There’s something dystopian in normalizing this kind of violence.…”

To avoid dystopia, let’s defend ourselves instead.

And our cars. And car keys. And …

This is Common Sense. I’m Paul Jacob.

PDF for printing

Illustration created with PicFinder and Firefly

—

See all recent commentary
(simplified and organized)

See recent popular posts

Categories
crime and punishment

Theft Thwarts Thieves

crime, criminal, vigilante, police

It happens plenty in fiction.

Thieves or ex-​thieves like John Robie (“To Catch a Thief”), Alexander Mundy (“It Takes a Thief”), and Slippery Jim DiGriz (The Stainless Steel Rat) are among the many beloved reformed or semi-​reformed criminals who thwart the criminality of others.

It happens in real life too. Con artist Frank Abagnale eventually taught people how to spot fraud (though apparently still committing it in his memoir Catch Me If You Can). Former black-​hat hacker Kevin Mitnick taught people how to protect themselves from hacking and social engineering.

The role of criminals stopping criminals can also be played entirely accidentally.

Last Saturday, three armed men robbed a business called Hi Lo Check Cashing out in Commerce City, Colorado.

“In an unexpected and ironic twist,” says a Facebook post by the Commerce Police Department, “as the trio was robbing the business … a fourth criminal stole their getaway vehicle … which may have already been stolen.

Police are seeking the third robber and the car thief. I guess they may offer a curt “Thanks” to the latter bad guy just before jailing him.

The Goddess Fortuity won’t always intervene thus. And we don’t want to people to start stealing cars on the off chance that one of their thefts will foil some other theft.

On the other hand, it would be criminal to decline any strokes of crime-​stopping luck that come our way, since the politicians and prosecutors aren’t really doing it for us these days.

This is Common Sense. I’m Paul Jacob.

PDF for printing

Illustration created with PicFinder and Firefly

—

See all recent commentary
(simplified and organized)

See recent popular posts

Categories
crime and punishment too much government

DeKalb Gas Stations DeKneecapped

gas station, surveillance

The gas stations of DeKalb County, Georgia, never did nothing to nobody … except provide petrol.

Yet, thanks to a draconian county ordinance, the stations can be shut down if they fail to splurge on expensive new video surveillance systems. Even if they already have security cameras. Which most do.

The law requires the systems to operate continuously; to include cameras at registers, gas pumps, parking areas, as well as entry and exit points; to record at least 24 frames per second; to store recordings for at least 60 days.

Wait, these are private gas stations. 

By what right does the county mandate precisely what detailed security measures business owners must take in order to keep their licenses? This is government turning the tables, rather than keeping these stations safe, the county lords the license over them, demanding the stations spend lavishly on security.

Arguably, the county is acting as yet another disruption plaguing the stations — which already face more than enough criminal invasion of their premises.

The law requires recordings to “be made available to any peace officer for viewing no later than 72 hours after being requested.” Nothing about obtaining a warrant if and when an owner is less than eager to cooperate. (Assuming, generously, that the video would be used to prosecute the robber even if the police and prosecutors had it.)

Lawyers for the Institute for Justice have been talking to the gas station owners, and have sent a letter citing the Fourth Amendment as grounds for DeKalb’s commissioners to drop this “beyond creepy and dystopian” practice.

Let’s hope the outcome is not more suffering businesses but a more limited government.

This is Common Sense. I’m Paul Jacob.

PDF for printing

Illustration created with Firefly and PicFinder

—

See all recent commentary
(simplified and organized)

See recent popular posts