thewayne: (Default)
Unbelievable. He wasn't speeding and was using cruise control when he was pulled over. Cop lets him go with a verbal warning. Turns out the cop was live-streaming on Tik Tok and showed the guy's drivers license. A little later he receives a message on Facebook that tracked him from the Tik Tok feed.

The guy filed a complaint with the Dallas County Sheriff's Department, the investigation resulted in the officer being suspended for two days without pay. Now the guy is suing for emotional distress, invasion of privacy, etc.

A two day suspension? That's a firing offense IMO, to violate someone's privacy like that. Either management didn't think it was worth firing over, or the union blocked it.

https://arstechnica.com/tech-policy/2023/03/man-claims-cop-pulled-him-over-just-to-stream-a-traffic-stop-on-tiktok/
thewayne: (Default)
Kelly Conlon is an attorney in New Jersey. She accompanied her daughter's Girl Scout troop to a Rockette's Christmas show. And the venue's facial recognition system identified her as working for a law firm that is involved in litigation against a restaurant that is owned by Madison Square Garden, the owner of the Rockette's, and they kicked her out of the facility. Even though Conlon is not involved in the litigation against the restaurant or MSG.

Security intercepted her in the lobby and told her she had to leave the venue.

Continuing in the article, "Instead of attending the festive show with her daughter, Conlon waited outside. NBC reported that others who have been blacklisted have sued MSG over the policy, viewing it as MSG’s way of punishing law firms that go after the titan of entertainment. One firm so far has fought and won in court, becoming the only exception to the policy, but MSG is still appealing that decision."

https://arstechnica.com/tech-policy/2022/12/facial-recognition-flags-girl-scout-mom-as-security-risk-at-rockettes-show/


In a more interesting story, Randal Reid, a BLACK man - you can guess where this is going - in DeKalb County, GEORGIA, was pulled over and arrested for an outstanding warranty for grand theft of over $10,000 worth of Louis Vuitton and Chanel purses with stolen credit cards in - and you will be ever so surprised - Louisiana - after being identified by facial recognition systems.

Differences between Reid and the suspect: 40 lbs, the suspect has flabby arms and Reid does not, Reid has a mole on his face and the suspect does not, and a significant height difference. No one bothered taking Reid's vital statistics. Reid was held in jail for a week before being released.

Reid has never been to Louisiana.

How many millions of dollars is this going to cost the police departments of Georgia and Louisiana, or more accurately, the tax payers thereof, because of this idiocy?

https://arstechnica.com/tech-policy/2023/01/facial-recognition-error-led-to-wrongful-arrest-of-black-man-report-says/


The system used by the Louisiana law enforcement, Clearview, harvested literally billions of photos off of social media without permission and is notorious about terrible rates of false positives, especially when matching against minorities, the young, and women.

But hey! It's a tool that law enforcement can use to arrest black people! Let's keep on using it to close cases!
thewayne: (Default)
This is an amazing story.

In 1986, there was a Chicago arson building fire in which two people died. Two others escaped the fire. It was believed to be a gang revenge attack. An 18 year old, John Galvan, was pointed to as a suspect and arrested. And handcuffed and viciously beaten by detectives until he confessed. No physical evidence or witnesses linked him to the crime scene, family said he was home an hour before the fire and slept until late morning. He was convicted and sent to life in prison.

The arson fire was found to be a classic: gasoline splashed against the side of a building and a light cigarette. Except there were inconsistencies with the findings.

In 2007 on prison TV John saw the MythBusters 2005 episode where they bust a bunch of Hollywood movie and TV tropes. The particular one of interest was the gasoline splashed against a wall and lit with a cigarette. And the guys could not do it. The reason is that they couldn't get the right stoichiometric ratio, that is, enough concentration of explosive gas plus a lit flame. As it happened, John's attorney from The Innocence Project watched the same episode at the same time and was equally gobsmacked.

In 2007, the Bureau of Alcohol, Tobacco, and Firearms conducted an exhaustive series of tests replicating the MythBusters experiments to try to reach a scientific conclusion. And they got the same results: you can't do it.

John and his attorney began a new series of filings and eventually gained new hearings. And with more work, they were granted new trials with the confession suppressed - two others were convicted along with John. Eventually the prosecutors decided not to refile the charges and they were dismissed and they were released from prison. After 35 years served.

The detective who beat John, Victor Switski, retired in 2001 and is living in Florida. The other two could hear John being beat and yelled at by Switski from the next room.

https://innocenceproject.org/discovery-channel-mythbuster-john-galvan-wrongful-conviction-innocence/

https://www.law.umich.edu/special/exoneration/Pages/casedetail.aspx?caseid=6359
thewayne: (Default)
Facebook, Instagram, Twitter, and email addresses.

If that's not bad enough, here's the lovely bit:
The LAPD's social media user guide encourages officers to monitor social media but imposes few restrictions on the practice, Dwyer wrote. The guide encourages officers to use "fictitious online personas" to conduct investigations and says that using these fake personas "does not constitute online undercover activity."

"Few limitations offset this broad authority: officers need not document the searches they conduct, their purpose, or the justification," she wrote. "They are not required to seek supervisory approval, and the guide offers no standards for the types of cases that warrant social media surveillance. While officers are instructed not to conduct social media surveillance for personal, illicit, or illegal purposes, they seem otherwise to have complete discretion over whom to surveil, how broadly to track their online activity, and how long to monitor them."


Hottie in the red Camaro convertible? Could be linked to some gang bangers a couple of blocks over! REALLY! It's not stalking, it's an investigative lead! Honest!

You don't have to give an officer this social media information, just like you don't have to consent to an officer searching your car without a warrant. If they tell you to stay and they're going to produce one, tell them you're going to call for an attorney and do so while you're waiting. If you're arrested with probable cause, bit of a different matter.

It's possible several other law enforcement orgs are trying to collect social media info. In the case of LAPD, it's being fed into a massive surveillance database called Palantir. Palantir is a somewhat shadowy company created by the co-founder of Paypal, Peter Thiel, and has an interesting and complex Wikipedia page.

https://arstechnica.com/tech-policy/2021/09/lapd-officers-collect-social-media-account-info-from-people-they-detain/
thewayne: (Default)
7 AM. The guy finds a police SWAT detail at his apartment door with a battering ram and pry bar and a warrant. He lets them in, is immediately handcuffed (suffering a wrist injury affecting his design work), and is whisked off to a police station. Never told what is going on. His wife is getting out of the shower, told to sit on the couch wrapped in a towel. She's never told what they're looking for. Eventually they either find, or they tell her and she shows them the receipt for a recently purchased iPhone X. They radio the police station, husband is brought home in a patrol car without ever telling him why he was detained. Cops leave.

Turns out they bought the phone at the same store that was robbed on the X's release day. 300 phones were stolen from a UPS truck, and apparently this guy's electronic serial number mistakenly matched one of the units reported stolen. So someone at Apple or somewhere down the line screwed up.

Regardless, SFPD screwed up BIGLY. This was a knock and talk situation, two detectives could have resolved this with an interview. The manpower alone exceeded the cost of a $1200 phone, and the settlement these people will get from suing SFPD will be a lot higher than that.

Link contains an autostart news video, and the article that accompanies is a transcript of the video.

http://sanfrancisco.cbslocal.com/2018/01/18/sf-man-recounts-harrowing-mistaken-arrest-iphone/
thewayne: (Cyranose)
The woman in question was swept up in a drug bust, her house was being used by a gang for storage and trafficking, though she didn't get any great proceeds from it. She admitted responsibility, and as she had a very minor role in what went down Federal prosecutors recommended a light sentence and probation. She served several months of weekends in jail along with parole and the parole was eventually discharged.

Then a friend told her that she had some fairly racy pictures on Facebook. The only problem was the woman had never created a Facebook profile.

Enter an agent of the Drug Enforcement Agency. He copied photos from her seized cell phone, including some bikini shots and some shots of her posing on the hood of a BMW, and created a Facebook profile under her name. With it he talked to at least one drug dealer and tried to entire others. Oh, he also posted pix of her child and niece.

All without her permission or knowledge.

Yes, the lawsuits have begun, along with lots of tossing of potatoes of above ambient temperature among government agencies.

http://www.buzzfeed.com/chrishamby/government-says-federal-agents-can-impersonate-woman-online#2atkrww
thewayne: (Cyranose)
"I'll tell you what will happen. They'll have a trial. The white jurors will see it one way, and the black jurors another."
—Geraldo Rivera on Michael Brown shooting

Though I hate agreeing with Geraldo, he's fundamentally correct. Here's the core of the problem: very few people have complete information on what happened, we certainly don't. In some cases grand jurors have the ability to ask for specific information, that may or may not be the case here. I recently found out that after Brown had been shot that a nurse who wanted to attempt CPR on him was denied by the police. That's a pretty serious allegation.

One thing that we do know is that the Ferguson Chief of Police deliberately tried to muddy the waters by releasing the liquor store robbery footage on the same day as a portion of the autopsy report was released.

Sadly, it wouldn't surprise me if the officer does not get indicted by the grand jury. They will look at the appropriate laws, police rules and regulations, the training the officer took, etc. In the end, he might walk. Which will bring in the question of whether the Feds can indict him for violating Michael Brown's civil rights, such as was done in the Rodney King beating.

I'm very curious about the 'suicide by cop' that happened a few days ago four miles from where Brown was killed. A person with a knife is dangerous, if they have a knife out and are within 10' of you and your gun hasn't already been drawn, you're going to get cut before you clear leather. So the officers might have been totally within their rights and policy to shoot him. But one of the officers was still in the patrol car in the passenger seat when he stated shooting, apparently the dead man was leaning in to the car window. If he was that close to the police, why didn't they back up the car to get some distance to give them some room to move tactically? Doesn't make sense. If they'd had some space, they might have been able to use tasers, assuming they'd been issued them. Have one cop with a gun, one with a taser.

But almost any police shooting is a pretty chaotic situation. I have my doubts that the shooting of Michael Brown was a justified shoot, but I don't have the evidence.


ETA: the Thursday night Rachel Maddow Show showed footage recorded by a bystander in the suicide by cop incident (available online). My wife showed it to me. The police said that he had the knife in an overhand position and attacked them. He didn't. The police pulled up in an SUV, the one on the passenger side stayed near the door like he could get behind it for cover. The driver moved further left to flank the suspect. The suspect looked behind him twice, my wife thinks he was checking to make sure there were no bystanders behind him.

And then he was dead. Each officer fired six shots, at least nine hit and were fired in something like three seconds according to the news report. And yes, having been a firearms enthusiast, that's totally doable. And then they rolled the body over and handcuffed it. (Maddow did not show the actual shooting as that is NBC policy)

Apparently the two officers had tasers. They had plenty of time to have used them, which they could do fairly safely by having one officer pull the taser and attempt to subdue the suspect while the other keeps his gun trained. But they didn't, and now he's dead. Just over 30 seconds elapsed between the arrival of the police unit and the death of the man.

*sigh*

I think paraphrasing John Donne here would be appropriate:
"I am a part of mankind, therefore any man's death diminishes me.
So send not for whom the bell tolls, it tolls for thee."

thewayne: (Cyranose)
Words fail me at how wrong this is. The basic concept I like: small law enforcement agencies don't have the resources to have a computer crime unit, a SWAT team, etc., so they pool funds so they can participate in a regional organization that gives them access to resources that they couldn't otherwise afford. I have no problem with that. But now these regional groups have been incorporated as 501(C)(3)'s and claim that as private corporations, they're immune to public records requests.

Even though they're funded by publicly-funded organizations. Even though they carry badges and guns, and the badges are backed by the state government.

The ACLU has been doing a series of investigations in to the militarization of law enforcement, and state chapters have been doing lots of FOIA requests to find out what they're doing with the hardware that they're buying from Homeland Security grants. And they're doing shit like this.

They can kick in your door in the middle of the night. They can throw flashbang grenades around and burn down an apartment complex, or burn a hole in an infant's chest. They can mistakenly or clumsily kill innocent people.

Aren't there laws about government forming private corporations? Shouldn't anyone in that state be able to form a private corporation to provide a for-hire SWAT team? If they are a private corporation, they should have no shields against law suits when they botch a raid, which happens with alarming frequency. The stories mentioned in this article are nothing less than horrific.

I'm SO GLAD that I don't live in Massachusetts.

http://www.washingtonpost.com/news/the-watch/wp/2014/06/26/massachusetts-swat-teams-claim-theyre-private-corporations-immune-from-open-records-laws/?tid=pm_pop

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