Archive for the ‘Fear your government’ Category

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Constitutional malware

July 24, 2015

Paul sends a link to an interesting paper by Jonathan Mayer which appears at Social Science Research Network.

Abstract:
The United States government hacks computer systems, for law enforcement purposes. According to public disclosures, both the Federal Bureau of Investigation and Drug Enforcement Administration are increasingly resorting to computer intrusions as an investigative technique. This article provides the first comprehensive examination of how the Constitution should regulate government malware.

When applied to computer systems, the Fourth Amendment safeguards two independent values: the integrity of a device as against government breach, and the privacy properties of data contained in a device. Courts have not yet conceptualized how these theories of privacy should be reconciled.

Government malware forces a constitutional privacy reckoning. Investigators can algorithmically constrain the information that they retrieve from a hacked device, ensuring they receive only data that is — in isolation — constitutionally unprotected. According to declassified documents, FBI officials have theorized that the Fourth Amendment does not apply in this scenario. A substantially better view of the law, I conclude, is that the Fourth Amendment’s dual protections are cumulative, not mutually exclusive.

Applying this two-stage framework, I find that the Fourth Amendment imposes a warrant requirement on almost all law enforcement malware. The warrant must be valid throughout the duration of the malware’s operation, and must provide reasonable ex post notice to a computer’s owner. In certain technical configurations, the Constitution goes even further, requiring law enforcement to satisfy an exacting “super-warrant” standard. Reviewing public disclosures, I find that the government has a spotty record of compliance with these foundational privacy safeguards.

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Still not convinced asset forfeiture is a racket?

July 23, 2015

Noice! For the highwaymen getting the loot, that is.

From Reason’s Hit & Run:

Oklahoma Official Used Asset Forfeiture to Pay Back His Student Loans
Another lived rent-free in a confiscated house.

An assistant district attorney in the state of Oklahoma lived rent-free in a house confiscated by local law enforcement under the practice of asset forfeiture. His office paid the utility bills. He remained there for five years, despite a court order to sell the house at auction.

Another district attorney used $5,000 worth of confiscated funds to pay back his student loans.

These are just a few of the gems unearthed during a recent hearing on Oklahoma authorities’ liberal use of asset forfeiture to take property from suspected criminals and spend it on personal enrichment. […]

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Thank God for the Fifth Amendment

July 12, 2015

This video has been around for a while (7 years on YouTube) but it’s chock full of good practical advice, from both Professor Duane and Officer Bruch, so that I think it’s worth posting here.

If you haven’t seen it, it’s worth the 50 minutes it takes to watch it.

Avoiding talking to the police without counsel is a recurring topic at Popehat.com: in this post for example. That one’s worth your time too.

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Criminal Law 2.0

July 8, 2015

Here’s a post at MarginalRevolution about an article by Judge Alex Kozinski (PDF) which appears at GeorgetownLawJournal.org.

The judge’s article is a bit lengthy but I still recommend you RTWT.

Kozinski Indicts the US Justice System

Federal Judge Alex Kozinski (9th circuit) has written a scathing indictment of the US justice system. Kozinski starts out discussing a number of myths such as that eyewitness testimony or forensic evidence is highly reliable. Business Insider gives a quick rundown of this part of the paper but they clearly didn’t read very far because the incendiary material comes later.

Kozinski, writing in part based on his personal experience as a judge, says that prosecutors are too often running roughshod over justice:

…there are disturbing indications that a non-trivial number of prosecutors—and sometimes entire prosecutorial offices— engage in misconduct that seriously undermines the fairness of criminal trials. The misconduct ranges from misleading the jury, to outright lying in court and tacitly acquiescing or actively participating in the presentation of false evidence by police.

[…]

Via Coyoteblog

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Some good news about civil asset forfeiture

July 7, 2015

This is refreshing news.

Civil Forfeiture Now Requires A Criminal Conviction In Montana And New Mexico

Just in time for the Fourth of July, states are declaring their independence from civil forfeiture.

Enabled by civil forfeiture laws, police can seize and keep property without the government ever filing criminal charges. Innocent Americans actually must prove their own innocence in court if they ever hope to regain their property. Local, state and federal law enforcement agencies routinely seize property and pad their budgets with forfeiture revenue. Outlets as diverse as The New Yorker and Last Week Tonight with John Oliver have detailed this travesty of justice.

But thankfully, civil forfeiture’s days may soon be numbered. Starting July 1, two major reforms from Montana and New Mexico will go into effect. […]

Via Radley Balko

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Just exercising their license to steal

July 2, 2015

At least Mr. Gorman recovered his money and his attorney fees. But I doubt they paid him interest for the 2½ years they’ve held his money.

Judge Orders Lying, Cheating Government To Return $167,000 To The Man They Stole It From

A federal judge has just ordered the government to return $167,000 it took from a man passing through Nevada on his way to visit his girlfriend in California. The officers really wanted that money, too. They used two consecutive stops to jerry-rig some probable cause… even though at that point they thought they were only dealing with $2000. From the original stop forward, the entire situation was deplorable, indisputably showing that everyone involved was more interested in taking (and keeping) a bunch of cash than enforcing laws or pursuing justice.

The order is a jaw-dropping read. It begins with the flimsiest of “reasonable suspicion” and heads downhill after that. […]

This order shows law enforcement at its ugliest: willing to lie and cheat to maintain control of what it stole.

Make it a rule: never carry more than petty cash when you travel in the US. There are just too many legally-sanctioned robberies.

Taking someone’s assets is robbery even if those assets were gained illicitly. You’ve got laws: try the people and punish those convicted. If there’s a fine involved then you can seize their assets.

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A memorial to property rights?

June 22, 2015

An editorial in the Wall Street Journal (behind its paywall).

Lessons from a little pink house, 10 years later.

June 23 marks the 10th anniversary of Kelo v. City of New London, when the Supreme Court held in a 5-4 ruling that government could use eminent domain to take private property for “economic development.” At issue in the case were 15 homes, including a little pink house owned by Susette Kelo, in the city of New London, Conn., which wanted to transfer the properties to a private nonprofit with plans to revitalize the area. But after the court ruled and the houses were razed (with the exception of Ms. Kelo’s, which was moved at private expense), those plans fell through.

The condemned land remains empty, housing only a few feral cats. After Hurricane Irene in 2011, the city used it as a dumping ground for debris. Yet the first real development since the Supreme Court’s controversial decision might now be on its way: New London Mayor Daryl Finizio, who was elected in 2011 as a critic of the government taking, recently announced a plan to turn the former site of Ms. Kelo’s house into a park that will “serve as a memorial to all those adversely affected by the city’s use of eminent domain.”

It would be a fitting tribute. Although the Supreme Court’s decision in Kelo was consistent with precedent, it was nonetheless a serious error.

How touching that the mayor of New London wants to make a park as a "memorial to all those adversely affected by the city’s use of eminent domain."

If I were one of the victims, I think I’d prefer to have my house and land back.

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The dog that didn’t bark?

June 5, 2015

News from the Riverfront Times.

St. Louis County SWAT Team Killed Family Dog Over Code Violation, Suit Says

A St. Louis County woman claims a police tactical unit killed her dog while investigating whether her home had natural gas.

On Tuesday, a South County woman filed a federal lawsuit that dog lovers should read with caution — the allegations are pretty disturbing.

In the lawsuit, Angela Zorich claims that St. Louis County Police tactical officers — aka the department’s SWAT team — raided her house in April 2014 and killed Kiya, her four-year-old pit bull.

The reason for the raid: to check if her home had electricity and natural gas service.

“This is an example of police overreaching and using excessive force to get a family out of their house,” said Kenneth Chackes, the attorney who represents Zorich.

Online court records suggest that Zorich and relatives have had various landlord actions and complaints filed against them since 2005 at two separate addresses in south St. Louis County.

Chackes preferred not to elaborate on the complaint, which is already 24 pages long. The St. Louis County Police Department declined to comment since the lawsuit is pending. […]

I don’t know the merits of this woman’s suit so I have no opinion about whether she deserves to win it. She might be a lowlife just trying to cash in.

The County police aren’t commenting so I suppose we’ll have to wait until it goes to trial to hear their side.

On the other hand, if the county police really did send ‘tactical officers’ on a visit about code compliance then What The Hell?

When did that become operating procedure? It takes a person armed with a gun to tell me that not all of my electrical outlets are grounded, that my house needs painting, or that my yard needs mowing?

And if those officers really did shoot her dog in the course of that compliance-checking visit then I hope she wins her suit and cleans the county’s clock – even though I’d be helping to pay whatever damages she’s awarded.

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Can we end the "War on Drugs" yet?

May 3, 2015

News from Houston, Texas: read it and fear your government.

My emphasis in the final line because the idea that los Federales can highjack your equipment for a criminal purpose – without your knowledge – and leave you without recourse from your insurer is adding injury to injury.

Judge: Feds owe trucking company nothing over DEA informant murder (update)
Posted on April 28, 2015 | By Dane Schiller

Officers from multiple agencies work at the scene of a shooting in which Drug Enforcement Administration informant Lawrence Chapa, who was posing as a truck driver to infiltrate the drug world, was shot to death at Hollister near Champions Walk Lane Monday, Nov. 21, 2011, in Houston. ( James Nielsen / Chronicle )
A Houston-based federal judge ruled that the U.S. Drug Enforcement Administration does not owe the owner of a small Texas trucking company anything, not even the cost of repairing the bullet holes to a tractor-trailer truck that the agency used without his permission for a wild 2011 drug cartel sting that resulted in the execution-style murder of the truck’s driver, who was secretly working as a government informant.

The ruling by U.S. District Judge Lee Rosenthal, which was made public late Monday, heads off a potentially embarrassing civil trial that was supposed to start early next month at the federal courthouse.

Andy Vickery, a lawyer representing trucking company, said he was floored by the ruling.

“She is basically saying you can’t sue the feds,” he said by phone.

And he emailed this reaction:

A federally deputized corporal from the Houston Police Department decides to pay your small company’s driver to drive your truck to the Mexican border, load it up with illegal drugs, and try to catch some bad guys. He knows that the driver is lying to “the owner” – although he doesn’t know your name or identity and doesn’t bother to find out. The bad guys outwit the cops. Your company’s driver is killed. Your truck is riddled with bullet holes.

Query: is our federal government liable to pay for the damages to you and your property?

Answer: Nope.

He said an appeal is already in the works.

Trucking company owner Craig Patty has said that the truck was used and damaged in a drug sting against one of Mexico’s most violent cartels without his permission and that his family lived in extreme fear they would face retaliation from the cartel, even though they had no idea what the government was doing. […]

Patty’s truck was impounded and later released to him, but was out of service for months. The DEA refused to pay for the damages, as did Patty’s insurance company, which ruled that the truck had been used in a criminal act, and therefore the damages weren’t covered.

DEA delenda est!

H.T. Paul

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Yeah, let’s do that

May 2, 2015

Here’s recent e-mail from Chip Mellor at the Institute for Justice.

IJ’s fight to end civil forfeiture continues with a new lawsuit on behalf of Lyndon McLellan, a convenience store owner in rural North Carolina who had $107,702 seized last summer by the IRS. Despite a policy change by the IRS last fall indicating that they would no longer pursue such cases, the DOJ filed a civil forfeiture complaint in December against Lyndon to forfeit his cash without even accusing him of a crime.

After Lyndon’s case was brought up in congressional testimony this past February, the U.S. Attorney in charge of Lyndon’s case told Lyndon’s lawyer, “Whoever made [the document] public may serve their own interest but will not help this particular case. Your client needs to resolve this or litigate it. But publicity about it doesn’t help. It just ratchets up feelings in the agency. My offer is to return 50% of the money. The offer is good until March 30th COB.”

Lyndon, however, is unwilling to give the government a single penny of his hard-earned money and teamed up with IJ to get his money back. You can read more about the lawsuit in the New York Times article[…]

The NYT article is fairly short and worth your time.

And here’s a video IJ produced about this case.


So, yeah, let’s "ratchet up feelings in the agency." That sounds like an excellent idea to me… just in a different manner than Steve West (the U.S. Attorney quoted above) has in mind. Maybe a 50%, across-the-board staff reduction at the IRS would do it? Then we could look at DOJ too?

The gall of a government lawyer saying, basically, "shut up before we get really ticked off" piques my ire. It’s a stereotypical lawyer’s line, isn’t it? What do you call 5000 dead lawyers at the bottom of the ocean?

And the idea of a government attorney haggling over $50,000 gives you some idea of how much "justice" is going down at the Department of Justice. That’s a whopping 0.0000157 of the $3,176,000,000 Congress enacted for the 2015 US Budget. No reflection on Mr. McLellan’s business, but it’s like the Mafia shaking down kids with lemonade stands. (Except the thugs’d have too much pride, I think.)

That 0.0000157 is impressive! They only need 63,520 more cases like this one to pay for this year’s Federal spending. Hey, don’t laugh… you could be next.

I think someone needs to quit his government job and go find a real one. Maybe one where he’s not biting the hand that feeds him.

More seriously, Congress needs to call its damned dogs and put a clear and definite end to civil forfeiture.


Update 5/14
More e-mail today from Mr. Mellor:

Less than two weeks after IJ announced its involvement in a civil forfeiture action against Lyndon McLellan, a convenience store owner in rural North Carolina whose entire bank account of more than $100,000 was seized by the IRS, the government has admitted defeat and dropped its case against Lyndon. This means he will get back all the money he worked so hard to earn.

The case has made national headlines, including The New York Times, Drudge, Fox News, Forbes, Vox, and MSN.com. You can read early coverage of the dismissal in the Raleigh News & Observer piece below.

All the best,
Chip

Raleigh News & Observer
Prosecutors drop IRS seizure case against Fairmont convenience store owner
By Anne Blythe
May 14, 2015

Lyndon McLellan, a convenience store owner in rural Robeson County, became an emblem for the many ways that IRS seizure and civil forfeiture laws have dogged run-of-the-mill business owners who operate with cash.

For nearly a year, the 50-year-old Fairmont man has been fighting the federal government to recover the $107,702.66 seized from his business account without any allegations of crime.

On Wednesday, nearly two weeks after The New York Times profiled his struggle with the government, McLellan received a welcome call from his lawyer.

U.S. Attorney Thomas Walker, the top federal prosecutor for the Eastern District of North Carolina, had dismissed the case that since July had blocked his access to his money.

Thank goodness for the IJ. I don’t know many more practical ways of spending your money to fight government overreach than by donating to IJ.

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Bad forensics

April 25, 2015

Here’s an article from the Washington Post about problems with forensic hair analysis. Many folks have been pointing out the pseudo-scientific nature of hair analysis, bite-mark analysis, and the like. for some time now. It’s good to see it getting more attention.

FBI admits flaws in hair analysis over decades

The Justice Department and FBI have formally acknowledged that nearly every examiner in an elite FBI forensic unit gave flawed testimony in almost all trials in which they offered evidence against criminal defendants over more than a two-decade period before 2000.

Of 28 examiners with the FBI Laboratory’s microscopic hair comparison unit, 26 overstated forensic matches in ways that favored prosecutors in more than 95 percent of the 268 trials reviewed so far, according to the National Association of Criminal Defense Lawyers (NACDL) and the Innocence Project, which are assisting the government with the country’s largest post-conviction review of questioned forensic evidence.

The cases include those of 32 defendants sentenced to death. Of those, 14 have been executed or died in prison, the groups said under an agreement with the government to release results after the review of the first 200 convictions. […]

The State is not always or necessarily your protector.

H.T. Paul

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You can’t blame the wreck on the train

March 21, 2015

It looks like the Venezuelan government is still fighting that toilet paper conspiracy, among others.

Fetch me my lance, Sancho!

Venezuela To Start Fingerprinting Supermarket Shoppers

Back in August, when we wrote about the latest instance of trouble in Maduro’s socialist paradise, we cautioned that as a result of the economic collapse in the Latin American nation (and this was even before the plunge in crude made the “paradise” into the 9th circle of hell), Venezuelans soon may need to have their fingerprints scanned before they can buy bread and other staples. This unprecedented step was proposed after Maduro had the brilliant idea of proposing mandatory grocery fingerprinting system to combat food shortages. He said then that “the program will stop people from buying too much of a single item”, but did not say when it would take effect. […]

Unfortunately for the struggling Venezuelan population, the time has arrived and as AP reported over the weekend, Venezuela “will begin installing 20,000 fingerprint scanners at supermarkets nationwide in a bid to stamp out hoarding and panic buying” as of this moment. […]

On Saturday, President Nicolas Maduro said that seven large private retail chains had voluntarily agreed to install the scanners.

Last month the owners of several chains of supermarkets and drugstores were arrested for allegedly artificially creating long queues by not opening enough tills.

It gets better: Maduro also accused Colombian food smugglers of buying up price-controlled goods in state-run supermarkets along the border.

For the first time in recent history the economists who say the effort is bound to fail, are right. They blame Venezuela’s rigid price controls that discourage local manufacturing and the recent slide in world oil prices that has further diminished the supply of dollars available to import everything from milk to cars.

As BBC further adds, in January the hashtag #AnaquelesVaciosEnVenezuela (“Empty shelves in Venezuela”) became a worldwide Twitter trend, with over 200,000 tweets as Venezuelans tweeted pictures of empty supermarket shelves around the country.

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Smoke ’em if you got ’em

November 15, 2014

I’ve been smoking for 45 years (nearly as long as I’ve been paying FICA, now that I think about it). And I get the externalities of smoking, so I don’t feel aggrieved when people or organizations prohibit smoking on their property. No problem: I’ll respect their air and grounds.

I’ve got tenants who are heavy smokers and, yep, that house has a definite stink to it. We’ll need a few gallons of KILZ when they move out. Again, no problem. It’s their home and we knew they smoked when they signed the lease. The clean-up is a very minor cost, all things considered.

What I do have a problem with, though, is when the Nicotine Nazis get their hands on the levers of power and start proposing regulations like the one described below. Banning tobacco sales is just another form of Prohibition, after all, and we know how well prohibitions work.

What we learn from history is that we never learn from history (said whomever you want to credit with that adage).

Raucous hearing on tobacco sales in Westminster halted

WESTMINSTER — An unruly public hearing on a proposal to prohibit the sale of tobacco products came to a sudden and rowdy halt Wednesday evening after shouting and clapping opponents of the ban repeatedly refused the chairwoman’s request to come to order.

The ban, proposed by the Board of Health in this Central Massachusetts town, would be the first of its kind in the state. It has led to angry reactions from residents who worry that it will hurt the local economy and allow government too much discretion in controlling private conduct.

“This is about freedom; it’s my body and it’s my choice to smoke,” said Nate Johnson, 32, a Westminster farmer and auto body worker. He was puffing on a cigarette at a rally before the hearing where opponents held signs saying “It’s not about tobacco — it’s about control” and “Smoke ’em if you got them.” […]

The ban would cover sales of products containing tobacco or nicotine, including cigarettes, chewing tobacco, and electronic cigarettes, which use batteries to heat nicotine-laced liquid, producing a vapor that is inhaled.

The proposal, made public Oct. 27, touched off an intense reaction from opponents. More than 1,000 of the town’s 7,400 residents signed a petition against the ban.

I was tickled to read about the residents of Westminster raising hell about this proposal. Evidently there were even non-smokers upset about the proposal — as they should have been since it’s the kind of idea that reminds you of Mark Twain’s comment about school board members.

whats-next-in-westminster-massCJ GUNTHER/EPA

“What’s next?” is a very good question. It’s one we ought to be asking ourselves about practically everything the government plans or does.

And just as a matter of curiosity, doesn’t it strike anyone else as curious that several states are now allowing the sale of marijuana to be smoked – Massachusetts itself may allow it – and this Board of Health wants to ban the sale of tobacco?


Here’s some commentary about a topic related to my question above. It’s from Kevin Williamson at National Review (1/28/15).

A Lifestyle So Good, It’s Mandatory

California has effectively decriminalized marijuana (possession of less than an ounce is a civil matter roughly equivalent to a speeding ticket — a rarely written speeding ticket), and the state has a medical (ahem) marijuana program that is, for the moment, largely unregulated. At the same time, the state is launching a progressive jihad against “vaping,” the use of so-called e-cigarettes that deliver nicotine in the form of vapor. The state public-health department says that this is justified by the presence of certain carcinogens — benzene, formaldehyde, nickel, and lead—in e-cigarette vapor. But by California’s own account, all of those chemicals are present in marijuana smoke, too, along with 29 other carcinogens.

If that seems inconsistent to you, you are thinking about it the wrong way: For all of its scientific pretensions and empirical posturing, progressivism is not about evidence, and at its heart it is not even about public policy at all: It is about aesthetics.

The goal of progressivism is not to make the world rational; it’s to make the world Portland.

Vaping is, from the point of view of your average organic-quinoa and hot-yoga enthusiast, a lowlife thing. It is not the same thing as smoking, but it looks too much like smoking for their tastes. Indeed, California cites the possibility of vaping’s “re-normalizing smoking behavior” as a principal cause of concern. Dr. Ron Chapman, director of the California Department of Public Health, says that vaping should be treated like “other important outbreaks or epidemics.”

But epidemics of what? Prole tastes?

In addition to regularly writing incisive opinion pieces, Mr. Williamson was also a cell phone vigilante a couple of years ago.

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He’s all about political advantage

November 10, 2014

On the one hand, I have to admire Mr. Gruber’s candor. And I agree with his analysis of the games that were played to pass PPACA.

If Mr. Gruber chooses to attribute the PPACA’s passage to the ‘the stupidity of the American voter’ rather than attributing it to intentional obfuscation by Congress — as he should — well, that’s his choice I suppose.

A lot of sharp folks were calling BS on the proposed law but its sponsors refused to speak straight to its faults: they were all working the politically expedient angles. Thanks, Pelosi.


On the other hand, this is exactly the kind of "enlightened despotism" that we need to guard against. When a government gets to the point that some parts of it start to bend its own rules to fool other parts — gaming the CBO score in this particular case — then it’s too messed up to trust.

What particularly galls me about this clip is Gruber’s saying that PPACA was designed so that it could not be regarded as a tax. But when the Supreme Court ruled on it, the Chief Justice based his argument supporting PPACA on calling it a tax and on Congress’ authority to levy taxes.

So we’re damned if they do call it a tax – and we’re damned if they don’t. What a deal.

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All your phone are belong to us

November 2, 2014

Paul sends links to two stories about a judge in Virginia who rules that fingerprint locks on phones aren’t protected by the Fifth Amendment but password locks are. He adds, "This is why NOT to use a fingerprint lock on your phone."

From The Wall Street Journal’s Digits blog:

Judge Rules Suspect Can Be Required To Unlock Phone With Fingerprint

A Virginia Circuit Court judge ruled Tuesday that police officers cannot force criminal suspects to divulge cellphone passwords, but they can force them to unlock the phone with a fingerprint scanner.

If applied by other courts, the ruling could become important as more device makers incorporate fingerprint readers that can be used as alternatives to passwords. Apple introduced the technology last year in its iPhone 5S and Samsung included it in its Galaxy S5.

When those phones arrived, lawyers said users might be required to unlock the phones with their fingerprints. More recently, Apple and Google said they had changed the encryption scheme on the newest phones using their operating systems so that law enforcement can’t retrieve the data. FBI Director James Comey criticized the companies, saying were allowing users to “place themselves above the law.”

The Fifth Amendment to the U.S. Constitution gives people the right to avoid self-incrimination. That includes divulging secret passwords, Judge Steven C. Frucci ruled. But providing fingerprints and other biometric information is considered outside the protection of the Fifth Amendment, the judge said.

And from MacRumors:

Court Rules Police Can Force Users to Unlock iPhones With Fingerprints, But Not Passcodes

A Circuit Court judge in Virginia has ruled that fingerprints are not protected by the Fifth Amendment, a decision that has clear privacy implications for fingerprint-protected devices like newer iPhones and iPads.

According to Judge Steven C. Fucci, while a criminal defendant can’t be compelled to hand over a passcode to police officers for the purpose of unlocking a cellular device, law enforcement officials can compel a defendant to give up a fingerprint.

The Fifth Amendment states that “no person shall be compelled in any criminal case to be a witness against himself,” which protects memorized information like passwords and passcodes, but it does not extend to fingerprints in the eyes of the law, as speculated by Wired last year.

Judge Steven C. Frucci ruled this week that giving police a fingerprint is akin to providing a DNA or handwriting sample or an actual key, which the law permits. A pass code, though, requires the defendant to divulge knowledge, which the law protects against, according to Frucci’s written opinion. […]

If Baust’s phone is an iPhone that’s equipped with Touch ID, it’s very likely that it will be passcode locked at this point and thus protected by law. Touch ID requires a passcode after 48 hours of disuse, a restart, or three failed fingerprint entry attempts, and the device has probably been in police custody for quite some time. It is unclear if the judge’s ruling will have an impact on future cases involving cellular devices protected with fingerprint sensors, as it could be overturned by an appeal or a higher court.

If you’re worried about your phone being searched, you should encrypt it.

How to Encrypt Your Android Phone and Why You Might Want To

Some recent legal rulings have suggested that encryption can protect against warantless searches. The California Supreme Court has ruled that police officers can lawfully search your cell phone without a warrant if it’s taken from you during arrest – but they would require a warrant if it was encrypted. A Canadian court has also ruled that phones can be searched without a warrant as long as they’re unencrypted.

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The same old same old

October 26, 2014

Via Instapundit, I came across this article by Kevin Williams at NRO. He talks about several other cases in addition to Joseph Adams’.

Meet the New Serfs: You
Accountability is only for the little people.

The New Haven SWAT team must have been pretty amped up: It was midnight, and they were getting ready to bust down the door of a man wanted on charges involving weapons violations, robbery — and murder. They were not sure how many people were in the house, or how they’d react. After a volley of flash grenades that set fire to the carpet and a sofa, they moved in, guns drawn. A minute later, they had their man zip-tied on the floor.

If only they’d double-checked the address first.

Bobby Griffin Jr. was wanted on murder charges. His next-door neighbor on Peck Street, Joseph Adams, wasn’t. But that didn’t stop the SWAT team from knocking down his door, setting his home on fire, roughing him up, keeping him tied up in his underwear for nearly three hours, and treating the New Haven man, who is gay, to a nance show as officers taunted him with flamboyantly effeminate mannerisms. […]

And when Mr. Adams showed up at the New Haven police department the next day to fill out paperwork requesting that the authorities reimburse him for the wanton destruction of his property — never mind the gross violation of his rights — the story turned Kafkaesque, as interactions with American government agencies at all levels tend to do. The police — who that same night had managed to take in the murder suspect next door without the use of flash grenades or other theatrics after his mother suggested that they were probably there for her son — denied having any record of the incident at Mr. Adams’s home ever having happened. […]

In a sane world, the New Haven authorities would have shown up at Adams’s house with a check, flowers, and an apology, and a certificate exempting him from taxes for the rest of his life. In this world, people in his situation get treated by the government like they are the ones who have screwed up. And of course they’d say they had no record of the episode — getting information about your situation from any government agency, especially from one that is persecuting you, requires an agonizing effort.

In the same vein, here’s an interesting essay by Frank Serpico at Politico. (Tip o’ the hat to Paul.) Mr. Serpico describes a lot of the corruption and egregious violence he saw during his career as a policeman. He ends his essay with a list of recommendations for reining in out-of-control police forces, the most important one being independent review boards.

The Police Are Still Out of Control
I should know.

In the opening scene of the 1973 movie “Serpico,” I am shot in the face—or to be more accurate, the character of Frank Serpico, played by Al Pacino, is shot in the face. Even today it’s very difficult for me to watch those scenes, which depict in a very realistic and terrifying way what actually happened to me on Feb. 3, 1971. I had recently been transferred to the Narcotics division of the New York City Police Department, and we were moving in on a drug dealer on the fourth floor of a walk-up tenement in a Hispanic section of Brooklyn. The police officer backing me up instructed me (since I spoke Spanish) to just get the apartment door open “and leave the rest to us.”

One officer was standing to my left on the landing no more than eight feet away, with his gun drawn; the other officer was to my right rear on the stairwell, also with his gun drawn. When the door opened, I pushed my way in and snapped the chain. The suspect slammed the door closed on me, wedging in my head and right shoulder and arm. I couldn’t move, but I aimed my snub-nose Smith & Wesson revolver at the perp (the movie version unfortunately goes a little Hollywood here, and has Pacino struggling and failing to raise a much-larger 9-millimeter automatic). From behind me no help came. At that moment my anger got the better of me. I made the almost fatal mistake of taking my eye off the perp and screaming to the officer on my left: “What the hell you waiting for? Give me a hand!” I turned back to face a gun blast in my face. I had cocked my weapon and fired back at him almost in the same instant, probably as reflex action, striking him. (He was later captured.)

When I regained consciousness, I was on my back in a pool of blood trying to assess the damage from the gunshot wound in my cheek. Was this a case of small entry, big exit, as often happens with bullets? Was the back of my head missing? I heard a voice saying, “Don’ worry, you be all right, you be all right,” and when I opened my eyes I saw an old Hispanic man looking down at me like Carlos Castaneda’s Don Juan. My “backup” was nowhere in sight. They hadn’t even called for assistance—I never heard the famed “Code 1013,” meaning “Officer Down.” They didn’t call an ambulance either, I later learned; the old man did. One patrol car responded to investigate, and realizing I was a narcotics officer rushed me to a nearby hospital (one of the officers who drove me that night said, “If I knew it was him, I would have left him there to bleed to death,” I learned later). […]

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A lighter look at civil forfeiture

October 11, 2014

John Oliver takes a cheeky look at civil (asset) forfeiture. You may be surprised by some of the things he mentions.

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Something rotten in Maryland

October 1, 2014

This is the opening of a recent editorial in The Washington Post. If you read the whole thing, it makes this case really smell fishy.

A judge wrongly throws out an officer’s assault verdict in Prince George’s County

IN PRINCE George’s County, it is now clear that the police, without provocation, can beat an unarmed young student senseless — with impunity. They can blatantly lie about it — with impunity. They can stonewall and cover it up for months — with impunity. They can express no remorse and offer no apology — with impunity.

The agent of this travesty of justice, and this impunity, is Judge Beverly J. Woodard of the Prince George’s County Circuit Court. Judge Woodard has presided in the case involving John J. McKenna, a young University of Maryland student who was savagely beaten by two baton-wielding Prince George’s cops in March 2010, following a men’s basketball game on the College Park campus.

The beating of Mr. McKenna was videotaped; had it not been, the police, who filed no report and then falsely claimed that he instigated the incident and attacked them, may never have been investigated or charged. Yet despite the fact that a jury convicted one of the police officers, James Harrison Jr., of assault nearly two years ago, Judge Woodard has now thrown the verdict out and closed the case.

Via Radley Balko

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Three cheers for Kahler Nygard

September 23, 2014

The TSA wanted to screen Kahler Nygard after his flight from Minneapolis to Denver. (I don’t know if the flight continued past Denver.)

So he called their bluff about getting the local police involved and he walked – bless his heart. This nonsense won’t stop until we put a stop to it.

If you don’t defend your rights, you don’t have any.

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An official protection racket

September 13, 2014

Matt Ridley gives us a lesson in the history of governments – think of it as Civics 101 – while he writes about the militarization of police in the United States.

Government begins as a monopoly on violence
It’s an official protection racket

My Times column last week was on the historical roots of government: […]

The deal implicit in being governed is at root a simple one: we allow the people who govern us to have an exclusive right to commit violence, so long as they direct it at other countries and at criminals. In almost every nation, if you go back far enough, government began as a group of thugs who, as Pope Gregory VII put it in 1081, “raised themselves up above their fellows by pride, plunder, treachery, murder — in short by every kind of crime”.

Was Canute, or William the Conqueror, or Oliver Cromwell really much different from the Islamic State? They got to the top by violence and then violently dealt with anybody who rebelled. The American writer Albert Jay Nock in 1939 observed: “The idea that the state originated to serve any kind of social purpose is completely unhistorical. It originated in conquest and confiscation — that is to say, in crime . . . No state known to history originated in any other manner, or for any other purpose.” […]

One of the great peculiarities of the United States is that it never quite managed to impose a state monopoly on powerful weaponry. The right to bear arms was a reaction to the presence of redcoats as an occupying army before 1783. The government got to own the tanks and aircraft carriers, but never pointed them at its own people, who were allowed to own guns much more freely than in other countries.

This is what makes the kit that the police displayed in Ferguson, Missouri, this month so alarming. With their camouflage uniforms, armoured vehicles and heavy-calibre machine guns, “law enforcement” cops looked less like a constabulary and more like an occupying army. In recent years, largely by exploiting the “war” on terror and the “war” on drugs, the American police have indeed been radically militarised. […]