Tag: police

Categories
Accountability crime and punishment moral hazard property rights U.S. Constitution

Forfeiting Common Sense

civil, asset, forfeiture, civil asset forfeiture, cash, grocery bag, Whole Foods, theft, police, corruption

Is it okay to steal if you can get away with it?

A full answer would require a treatise. But most of us common-sensibly understand that evil does not magically become good when perpetrators are not stopped or punished. Thrasymachus was wrong to contend, in Plato’s Republic, that justice is merely the “interest of the stronger.”

When it comes to crimes like bank robberies, muggings and car jackings, we have no doubts about this. In such blatant cases, we suffer nothing like the legitimate confusion to which we may be prone regarding the exact border between adjacent parcels of land or the niceties of intellectual property law.

Well, somebody tell the New Hampshire state police.

Some of them apparently believe it’s okay to steal if you can evade laws against the stealing.

New Hampshire’s recent reform of civil forfeiture laws requires criminal conviction of a person before there can be any forfeiture of his property. But a loophole enabled officers to grab $46,000 of Edward Phipps’s money — from his car, stopped on the road — even though he was never accused of a crime. 

How?

It seems that if state cops collaborate with the feds, safeguards established to prevent such abuse can be evaded.

To retrieve even a little of his money ($7,000), Mr. Phipps was forced to relinquish all claim to the balance ($39,000). Even if lawmakers close the loophole, as they should, the robber-cops will probably get away with this particular larceny. 

They shouldn’t.

That’s injustice, not common sense.  I’m Paul Jacob.

 

PDF for printing

 

Photo Credit: N.H. State Police

 

Categories
Accountability crime and punishment education and schooling ideological culture national politics & policies responsibility Second Amendment rights

Cowards All Around

Scot Peterson, Parkland, police, pension, Broward County, Florida, Marjorie Stoneman Douglas High School, guns, gun control, second amendment

Just-retired Scot Peterson is a millionaire, thanks to the generous taxpayers of Broward County, Florida.

You know Peterson as the sheriff’s deputy assigned to protect students at Marjorie Stoneman Douglas High School, who, instead of entering the building where the shooter was mowing down 17 unarmed students and teachers, protected himself by waiting outside.

Peterson claimed “he remained outside the school because he didn’t know where the gunfire was coming from,” noted BuzzFeed. But “[r]adio transmissions from the day of the shooting have since contradicted Peterson’s defense . . .”

Following the cowardly non-performance of his duty, Peterson promptly retired and began drawing his pension. As the Sun Sentinel newspaper reported Tuesday, his monthly check is for $8,702.35 — an annual salary of $104,428.20.

Should the 55-year-old live to the age of 75, he’ll draw more than $2 million.

In fact, the cowardly Peterson is being further rewarded with a $2,550 annual raise — earning more in retirement than he was earning while actually working.

I use the word “earning” and the phrase “actually working” loosely.

Reacting to the news, the father of one of the murdered students called Peterson’s lavish pension “disgusting” and “outrageous.”

Recoil at the thought of this derelict policeman raking in such mega-moolah during decades of retirement — but that isn’t the only outrage.

How can Broward County afford to pay even their bravest police officers millions of dollars in retirement?

They can’t . . . for much longer.

Regardless, elected officials dare not do anything about it. They fear incurring the wrath of public employee unions . . . and risking their own pension windfalls.

This is Common Sense. I’m Paul Jacob.

 

PDF for printing

 

Categories
Accountability crime and punishment general freedom moral hazard national politics & policies privacy property rights too much government U.S. Constitution

Guilty of Innocence

Spencer Byrd, crime, asset forfeiture, police, Chicago, law enforcement, theft, stealing, government

If you are innocent of a crime, should you be punished as if guilty? Despite no arrest, no trial, no conviction?

If you say “Yes,” raise your hand.

I see no raised hands among my regular readers. But my readers don’t include the wicked Chicago officials who impounded the automobile of Spencer Byrd.

Byrd’s case is reported in a Reason article by C.J. Ciaramella. The author relates how Chicago extracts money by grabbing the vehicles of innocent people. The drug war and asset forfeiture laws help make it possible.

Byrd is a carpenter and auto mechanic who sometimes gives rides to clients stuck without their cars. One night, when he was stopped on the road for an allegedly broken turn signal, police discovered that a new client riding with him was carrying heroin. Byrd was questioned but quickly released. He was never charged with a crime.

But his car was impounded; it’s been impounded for years. This has hurt his business. For one thing, he has $3,500 worth of tools in the trunk.

Byrd persuaded a judge to order that his car be returned to him. But the city still wouldn’t release it unless Byrd paid $8,790 in fees and fines (later reduced to $2,000). He is still struggling to retrieve his car, within a labyrinth the injustices of which I’ve barely touched on.

May I suggest . . . ? If you do ever recover your Cadillac, Mr. Byrd, put pedal to the floor and get the heck out of Dodge.

I mean, Chicago.

This is Common Sense. I’m Paul Jacob.

PDF for printing

 

Categories
Accountability crime and punishment general freedom government transparency moral hazard national politics & policies privacy property rights too much government U.S. Constitution

Thwarting Cops Who Are Robbers

asset forfeiture, corruption, police, traffic, theft, robbery, traffic stop

“Carrying cash is not a crime,” Institute for Justice attorney Dan Alban informs us, “yet too often the government treats it like one.”

Musician Phil Parhamovich learned that the hard way. He was porting his life savings, almost $92,000 — earmarked for a down payment on a recording studio — when cop-robbers of the Wyoming Highway Patrol stopped him for not wearing a seat belt.

It turned out to be an extremely expensive infraction. The officers intimated that it was illegal to travel with so much cash and pressured him to hand it over. Scared and believing that his alternative was jail, Phil signed a preprinted waiver letting them grab his life savings.

Preprinted waiver? This means it’s routine for these guys to try to legitimate their actions as they premeditatedly intimidate and rob people.

The state of Wyoming tried to keep the money. Fortunately, the Institute for Justice took Phil’s case, and a judge accepted the facts presented by Phil and his IJ lawyer. After months of tribulation and suspense, the robbery victim got his money back.

Another win for the good guys.

Thankfully, the Institute for Justice’s freedom-defenders have won a great number of such cases. Yet, IJ lawyers certainly cannot litigate all the forfeiture injustices being committed by government  authorities all across the country.

That’s why the group is pushing to reform civil asset forfeiture laws, requiring a criminal conviction before property can be forfeited. 

And you can help. How? Launch efforts in your town or state, or work to push infant efforts to a higher level. Take the initiative. 

This is Common Sense. I’m Paul Jacob.

PDF for printing

 

Categories
Common Sense

Corruption Beyond Imagination

Baltimore, police, corruption, crime, Gun Trace Task Force

“Two Baltimore detectives were convicted Monday of robbery and racketeering,” the Washington Post reported, “in a trial that laid bare shocking crimes committed by an elite police unit and surfaced new allegations of widespread corruption in the city’s police department.”

Assistant U.S. Attorney Leo Wise presented the jury with “things more horrible in some cases than you ever could have imagined.”

Test your imagination:

  • Four police officers, already convicted, testified to routinely violating the rights of citizens in order to steal cash and property worth hundreds of thousands of dollars.
  • Officers left the scene of an accident they caused without summoning assistance for those injured, and then covered up their involvement.
  • Detectives “doubled their salaries by lying to claim extravagant overtime when they were actually at bars or . . . out of the country on vacation.”
  • There was an allegation of murder against one policeman and a charge that another high police official covered it up.

A total of eight officers of the Gun Trace Task Force have now been convicted of or pleaded guilty to felonies.

Where was Internal Affairs? “The head of internal affairs has been transferred” the Post informed, after he was “implicated in misconduct during trial testimony.”

We could sic the feds on them! Oh, wait, “[m]ost of the behavior charged in the case took place even as the [Baltimore police] department was already under federal investigation by the Justice Department . . .”

Prospects for reform?

Last Wednesday, Mayor Catherine Pugh claimed to having been “too busy to follow the trial closely or read Baltimore Sun coverage…”

Baltimore, we’ve got a problem.

This is Common Sense. I’m Paul Jacob.

PDF for printing

 

Categories
Accountability crime and punishment government transparency insider corruption local leaders moral hazard porkbarrel politics

Interfering With a Sweet Racket?

Seattle, City Light, corruption, security, police, scandal, cronyism

One way for governments and enterprises to save money is to contract out some or all of their services. Towns, cities, counties, states — even the federal government — engage in such practices all the time.

It is really just outsourcing, as business lingo dubs it.* But, like any system for shifting responsibility away from direct management, it can be corrupted.

As Seattle citizens now learn, courtesy of Seattle Times reporters Mike Carter and Steve Miletich.

It appears that Seattle City Light, the public utility providing electricity to the city, has been contracting exclusively with Seattle’s Finest Security & Traffic Control. For a half a decade. Despite there being direct competition from another firm.

The utility paid “more than $7.8 million over the past five years to provide off-duty police officers for traffic control or security work,” the Times tells us.

The whole story came to light (no pun intended) when a new outfit offering similar services, but based on “gig economy” principles, sought to enter the market. Seattle’s Finest challenged the firm’s licensing, and, allegedly, directed abuse at the firm’s chief executive officer.

A Seattle detective off-handedly described the dominance of Seattle’s Finest “in organized-crime terms — using the word ‘mafia’ — and said nobody would be allowed to interfere with it.”

The FBI has now been called in.

Usually, local government may seem rather humdrum. But a lot of money can go through powerful, privileged hands. Things can get exciting. Terms like “murky” and “intimidation” abound.

Is this a surprise?

Remember: power corrupts; local power corrupts locally.

Right there where we live.

This is Common Sense. I’m Paul Jacob.

 

* An economist, R. H. Coase, got a Nobel Prize in no small part for explaining why this sort of contract can work better than establishing a complete firm-employee wage system.

PDF for printing

 

Categories
Accountability crime and punishment general freedom ideological culture moral hazard national politics & policies Regulating Protest responsibility U.S. Constitution

Saturday’s Violence

police, violence, Charlottesville, white supremacist, Nazi, protest, counter protest, law and order

After delivering the final address at the Liberty International World Conference in Puerto Rico, Friday night, I learned that there had been violent clashes between white nationalists and counter-demonstrators in Charlottesville, Virginia.

A dozen people required medical treatment after being sprayed with mace.

Then, after traveling to the airport with new friends from Kazakhstan, China, and socialist-torn Venezuela, I began my eight-hour trek home. I had the subject for my weekend column, I decided: the lack of reports of even one arrest.

Last I checked, dousing folks with a chemical agent was a crime.

“Men in combat gear, some waring [sic] bicycle and motorcycle helmets and carrying clubs and sticks and makeshift shields,” the Washington Post reported as I landed for my connecting flight home, “fought each other on the downtown streets, with little police interference.”

By the time I touched down in Washington, DC, James Field had driven his car into a crowd of counter-protesters, killing Heather Heyer and seriously wounding many others. A searing and sobering event.

My column, mostly written in transit, focused on the police response to political violence. From Trump rallies last year to the events at UC-Berkeley that “shut down” planned speeches . . . to attacks on Charles Murray and others at Middlebury College . . . to this Saturday’s events in Charlottesville, policing has been tepid at best.

People have a right to speak, to assemble, to protest, to let out a primal political scream. Our governments must protect that right, without regard to viewpoint, by preventing and policing against acts of violence.

When violence succeeds without consequences — garnering tons of attention for its perpetrators — we are likely to see more violence.

Government is not doing job one.

This is Common Sense. I’m Paul Jacob.

PDF for printing

 

Categories
Accountability crime and punishment government transparency initiative, referendum, and recall

Left Wondering Why

Minneapolis, shooting, police, body camera, Justine Damond, Australian

In Minneapolis’s Fulton neighborhood a makeshift memorial has sprung up. Amidst flowers, a handwritten sign reads, “Why did you shoot and kill our neighbor?”

Police have yet to offer public comment on the police shooting of Justine Damond, the Australian woman killed in the alley behind her home last Saturday night.

“Sadly, her family and I have been provided with almost no additional information from law enforcement,” Justine’s fiancé, Don Damond,* told reporters, “regarding what happened after police arrived.”

The Minnesota Bureau of Criminal Apprehension has launched an investigation, but not yet interviewed the two officers at the scene, the only known witnesses. The officers had been responding to Justine’s 911 call reporting what sounded like a sexual assault.

No gun was found on Justine; a woman in her pajamas otherwise doesn’t seem very threatening.

Local media identified Mohammed Noor, a Somali-American, as the police officer who fired the bullet that killed Damond. Noor has been on the force since March 2015 and has two previous complaints pending.

Most frustrating, the Washington Post reports that “the officers’ body cameras were not turned on” and . . . “It’s not clear why . . .”

Cameras do not work when turned off; public anger and angst are not ameliorated when we cannot see the body cam footage.

That’s why, back in April, we worked to pass a ballot initiative in Ferguson, Missouri: (a) mandating that police must actually turn on the body cameras they were “using” (after similar incidents, wherein Ferguson police claimed their cameras hadn’t been activated) and (b) setting rules for public access to the video.

The people of Minneapolis, likewise, deserve a more professional police force. Making that happen means taking the initiative: citizens reforming criminal justice policies at the ballot box.

This is Common Sense. I’m Paul Jacob.

 

* Justine had already taken her fiancé’s last name, even though they were set to marry next month. Her legal name remains Justine Ruszczyk.

Printable PDF

 

Categories
Accountability crime and punishment government transparency responsibility

Ferguson Finally Wins

Ferguson, body camera, lapel camera, video, vote, election, police

Yesterday, on the 49th anniversary of Martin Luther King’s assassination,* voters in Ferguson, Missouri, passed a charter amendment requiring police to wear body cameras while on duty. The measure also provides the public access to that footage, along with reasonable rules about privacy.

In August 2014, Ferguson came to the nation’s attention — and the world’s — when a black resident was shot and killed by a white policeman. In the aftermath, the nation witnessed a militarized police response to senseless riots that destroyed 17 local businesses.

People there and across the country jumped to fact-free conclusions about who was at fault: the deceased Michael Brown or the policeman, Officer Darren Wilson.

“If there’s one thing that I think everybody in Ferguson would agree on, it’s that we’d like to have a video of what happened on Canfield Drive back in August of 2014,” remarked ballot measure proponent Nick Kasoff.** “If we had that, Ferguson wouldn’t be a hashtag. It would be just another quiet suburb of St. Louis.”

Police began wearing body cameras after the Michael Brown shooting, and the consent decree the city reached with the Department of Justice set some useful parameters. But the rules in the just-enacted charter amendment go much further to guarantee the public access to the video.

Not to mention that just this week, Attorney General Jeff Sessions announced a review of all such consent decrees nationwide. Without yesterday’s victory at the ballot box, the police cams policy might simply be abandoned.

Not now. The voters have spoken, 71 to 29 percent.

Spurred by Ferguson, there’s been a ton of talk about reforming criminal justice in recent years. But I like action a whole lot better.

This is Common Sense. I’m Paul Jacob.

 

* Yesterday also reminds me of 1984, George Orwell’s classic dystopian novel, because the book’s protagonist Winston Smith begins his diary on April 4, 1984.

It’s my favorite book, and has enjoyed quite a surge in sales since last November’s election. Yesterday, the movie was shown in nearly 200 theaters in the U.S., the U.K., Canada, Croatia and Sweden.  

** Nick Kasoff led the six-resident committee that drafted and petitioned the measure onto the city ballot, with assistance from Liberty Initiative Fund (LIFe). Regular readers may remember that LIFe is where I have my day job — and that without contributions like yours, fewer successful measures like this Ferguson body camera initiative get off the ground.

 

More on the issue

Townhall: “Finding Ferguson”

Townhall: “First Step for Ferguson”

USA Today: “Ferguson residents push for body cameras”

Townhall: “The Citizens Are In Session”

Printable PDF

 

Categories
Accountability crime and punishment folly general freedom government transparency moral hazard national politics & policies too much government U.S. Constitution

Public Record

body camera, police, abuse, civil rights, obstruction, brutality

Police departments nationwide have begun to outfit their on-duty officers with body cameras. These small recording devices make great sense, so we can better judge police encounters.

And it turns out that not only do police behave better when wearing body cameras, so do the citizens with whom they interact.*

Yet, cameras aren’t magic. They do not work when turned off. And video recorded by police offers little value when tampered with or deleted.

On Monday, the Washington Post ran an in-depth feature about the 2014 fatal shooting of 19-year-old Mary Hawkes by Albuquerque, New Mexico, police, who pursued her for allegedly stealing a truck.

The Post explained that her case “has become a cautionary tale about the potential of new technology to obscure rather than illuminate, especially in situations when police control what is recorded and shown to the public,” raising concern “about whether a nationwide rollout of body cameras is fulfilling promises of greater accountability.”

Six police officers huddled in close proximity to the deadly incident — all wearing body cameras. The officer who shot Ms. Hawkes, however, had his turned off. Footage from three others “showed signs of alterations and a deletion.”

A federal investigation is underway.**

It is now obvious that cameras alone won’t suffice. Rules must require that the cameras be turned on — with consequences for non-compliance. The public needs access to the footage, too.

The Police Cameras for Ferguson initiative*** on the ballot April 4th does exactly that. We need similar legislation in Albuquerque and everywhere else.

This is Common Sense. I’m Paul Jacob.

 

* See Barak Ariel, William A. Farrar, Alex Sutherland, “The Effect of Police Body-Worn Cameras on Use of Force and Citizens’ Complaints Against the Police: A Randomized Controlled Trial,” Journal of Quantitative Criminology (September 2015, Volume 31, Issue 3), pp 509–535; reportage on this study can be found here.

** The probe has already revealed that a former Albuquerque police employee has declared, in an affidavit, “it was routine for officials to delete, alter or refuse to release footage because of ‘political calculations.’”

*** Your support is still desperately needed to educate voters in Ferguson, Missouri, about the Police Camera ballot measure. Please help today.

Printable PDF