police misconduct

Ken White explains the legal logic of the Ferguson shooting

Brandon Christensen Current Events, Law , , , , ,

Read the whole damned good post at Popehat.

In other news, I read a post from somewhere calling out libertarians for not voicing an opinion about the Ferguson shooting. I think the post also managed to blame libertarians for the militarization of police forces across the country.

Seriously.

Dave Weigel points out the obvious over at Slate; Ilya Somin takes the writer who tried to claim libertarians didn’t care about black people getting shot by police departments to task over at Volokh Conspiracy (a very good blog, by the way); Dan Balz (hehe) points out in the WaPo that Ferguson is only strengthening the libertarian wing of the GOP; Senator Rand Paul’s op-ed in Time is required reading if you take your US citizenship seriously.

Update 8/18: Here is Congressman Ron Paul in 2002 asking rhetorically, on floor of the House of Representatives (the lower parliamentary house in the US federal government), if America has become a police state.

“A SWAT team blew a hole in my 2-year-old son ” [SALON]

Adam Magoon Current Events, Law, Liberty , , ,

Not much to add to this one folks.

A few nights ago, my 8-year-old woke up in the middle of the night screaming, “No, don’t kill him! You’re hurting my brother! Don’t kill him.” How can I ever make that go away? I used to tell my kids that if they were ever in trouble, they should go to the police for help. Now my kids don’t want to go to sleep at night because they’re afraid the cops will kill them or their family. It’s time to remind the cops that they should be serving and protecting our neighborhoods, not waging war on the people in them.

New Mexico’s Police Breaking Badly

Fred Foldvary Current Events, Liberty , , , , ,

by Fred Foldvary

The AMC television channel recently concluded the drama “Breaking Bad.” The series was about a high-school chemistry teacher who has terminal cancer and “breaks bad” by making methamphetamine to get money for his treatments and for his family. The episodes take place in New Mexico, and some of the scenes occur in the desert.

Now the state government of New Mexico is breaking into real-life evil. Its police are stopping drivers and forcing them to submit to intrusive body searches and medical tests for drugs, including X-rays and colonoscopies. The hospitals then bill the victims for the involuntary procedures.

The State of New Mexico is establishing the principle that the state may force people to undergo medical procedures that they then must pay for. The worst aspect of governmental medical provision is that the health of individuals becomes a governmental matter, and therefore the state takes control over medical decisions. The federal and state governments may, in the future, force people to adopt preventive measures and periodic tests. The government will not only force citizens to have medical insurance, but also force people to submit to procedures such as anti-smoking treatments and colonoscopies.

One of the victims of medical coercion is suing the City of Deming in a U.S. District Court for being forced to submit to X-rays, enemas, and a colonoscopy. The police and doctors did not find any drugs in his body. As justification, the police claim that the driver was clenching his buttocks after being stopped for a traffic violation and ordered out of his car.

After that lawsuit was registered, it was reported that another man was probed for drugs in a New Mexico hospital after his car was stopped by police for failure to signal. The news media are now reporting that other drivers in New Mexico are being searched after getting stopped for alleged traffic violations. The police suspect the drivers of drug violations due to their appearance or due to dog sniffing, often with untrained dogs, and obtain warrants for the intrusive drug tests and body searches. In the case of the driver suing the state, the warrant was not even valid for the county and the time in which the colonoscopy took place.

The police in other states have been doing similar things. In Tennessee, the police took a man cited for an expired car licence to a hospital for drug tests, after a sniffing by a drug dog. A woman in Texas was strip-searched and double-probed by the police and by doctors.

The Fourth Amendment to the United States Constitution states, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

Unfortunately it is easy for the police to evade the Fourth Amendment because they can claim that their searches and seizures are reasonable. and some judges will routinely issue warrants if a dog, even if untrained, growls or points at the victim, or perhaps if the victim seems nervous.

Long ago, and still in some countries, highways were dangerous because robbers would halt a carriage or train and steal from the riders. Now, in the USA, the highwaymen are the police who are not content to merely issue citations, but use traffic violations as an excuse to enforce the drug laws. Driving in New Mexico is now dangerous because of the police predators.

Ecology is the relationship of living beings to one another and the environment. Evolution seems to generate predator-prey ecologies. Now that large predators such as lions and wolves have been eradicated from human habitat, ecology has generated human predators such as hijackers. Government is supposed to protect the public from such predators, but the drug laws have turned the police into yet another set of predators.

The German philosopher Nietzsche wrote that the “will to power” is the strongest human motivator. Individuals who seek the thrill of exerting power now become traffic officers, because they can stop any driver and have power over and into his body. This police predation is legalized rape.

Pigeonholing Pigs

henrymoore Law , ,

[I thought of three other less offensive titles: Generalizing Gendarmes, Caricaturing Cops, Stereotyping Smokey. But I had already made up my mind.]

As you no doubt know, especially if you are a reader in the LA area, there is a crazed ex-cop on the loose by the name of Christopher Dorner. I think it is only a matter of time before Dorner is caught. We don’t know how that will play out. But it probably won’t be as simple as arresting James Holmes (Aurora, Colorado theater shooter). This piece is not intended to be about that, and so it will gradually move away from it. I bring it up at all only because its writing was prompted, in part, by an argument I had with someone about whether a shooter such as Christopher Dorner, that is, a cop is more dangerous than a shooter who isn’t a cop. I stated that, naval and police training aside, I thought that he was because cops tend to have a mentality of being above the law (I think this is not the result of them becoming police, but rather the reason they become police), which makes them psychologically more capable of calculated brutality than just some civilian who goes nuts. This was back when the story first came out although many important details were already known. His manifesto was one of those details so I knew what he was about and that he probably wasn’t going to be shooting people at random. He has targets. So, in that sense he is less dangerous to most people around him than a random shooter would be.

But probably more dangerous in the context of a manhunt. A shooter with a mission and a plan, even if his plans are in the process of being thwarted, is more dangerous than a guy who has already emptied his clip in a crowded theater or a school and then tries to slip away. The guy that just opens fire at random might kill more people than the guy with a few targets in his sights, but he is no longer in control of the situation. And if he is stopped before he can empty his clip, he might never have really been in control in the first place. If there are any cops or armed civilians around, he will be stopped, often before he can cause as much damage as he otherwise could have, given his arsenal. Continue reading →