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(Ars Technica) Spiffy You know how police have been harassing people for filming instances police misconduct with their smartphones? Well it looks like the Obama Administration may finally be doing something about that   (arstechnica.com) divider line 184
More: Spiffy, police misconduct, obama, Obama Justice Department, Fourteenth Amendments, Civil Rights Division, Obama administration, smartphones, organizations  
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8158 clicks; posted to Politics » on 13 Jan 2012 at 2:43 PM   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»   |    Get this fabulous T-Shirt and impress the methane out of your friends! shirt it!



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2012-01-13 10:09:59 AM
Baltimore Police are assholes. An old friend got arrested for DUI sitting in his parked car with the engine off and the keys in his pocket, and I got busted for remembering to come back to lock his car door and call his mother. Sometimes they need to arrest a token white person, any nearby white person for anything they can come up with, just so they can swear they're not being racist.

For my testimony I damn near got contempt of court for showing how annoying it is to have to keep repeating myself. "The engine was off. I saw him put the keys in his pocket as soon as we both got in. I had a good view from the passenger seat and the key was never in the ignition. You cannot drive a parked car with the engine turned off, especially when the keys are in your pocket. Not even when you're drunk. Don't you understand that? Does your mommy drive you to work?"

He beat the bullshiat charge though: the judge had to agree with me. And the pigs from Northern District kept pointedly noticing me for months after that.

By the way, the occasion was Memorial Day night just after the bars closed. There was a black-based nightclub across the street from the white hipster bar we'd been in; after hours the black club's black patrons were in no hurry to go home and stood around socializing and enjoying the warm night. In that crowd were a few guys my buddy knew from school and work so since we both knew we were too drunk to drive we just hung out a while.

Keep in mind that in Baltimore City a large group of young blacks, especially men, "milling around" on the sidewalks in a trendy district is a "situation" for that requires five squad cars and a paddy wagon, not counting the two cruisers across each end of the block. Ever seen somebody busted at gunpoint for spitting on the sidewalk? Or rather for saying "Look now. Do you see any spit?" I wish in 1988 we'd have had an easy way to record that shiat and a Youtube to post it to.
 
2012-01-13 10:41:16 AM
While I'm not entirely sure how much of this is "Obama's Administration," I think it's a fantastic step forward and I like the judgment behind it.
 
2012-01-13 10:43:23 AM
david1963: For my testimony I damn near got contempt of court for showing how annoying it is to have to keep repeating myself.

This line makes the rest of your post somehow suspect.
 
2012-01-13 11:03:03 AM
mattharvest: david1963: For my testimony I damn near got contempt of court for showing how annoying it is to have to keep repeating myself.

This line makes the rest of your post somehow suspect.


It might have been the "does your mommy drive you to work?" bit - if he indeed said it - not the having to repeat himself that caused the ire of the judge.
 
2012-01-13 11:14:53 AM
TwistedIvory: While I'm not entirely sure how much of this is "Obama's Administration," I think it's a fantastic step forward and I like the judgment behind it.

They submitted a brief supporting the right to record police misconduct, rooted in the 1st Amendment. It's kind of a big step forward, they'd been noticeably silent on the issue.
 
2012-01-13 11:15:51 AM
I will believe it when you dont get arrested by the TSA. Picking on the Police is one thing. TSA is the Obama administration.
 
2012-01-13 11:16:59 AM
Oddly enough Obama's home state is fighting to keep the laws against filming officers on the job on the books harder than just about anyone.
 
2012-01-13 11:18:18 AM
Tell Me How My Blog Tastes: TwistedIvory: While I'm not entirely sure how much of this is "Obama's Administration," I think it's a fantastic step forward and I like the judgment behind it.

They submitted a brief supporting the right to record police misconduct, rooted in the 1st Amendment. It's kind of a big step forward, they'd been noticeably silent on the issue.


But like anything else with this administration, I'm going to wait for something to actually happen to be happy about it. A brief doesn't change anything.
 
2012-01-13 11:20:51 AM
Unfortunately, this means that because the police can't use the chilling effect of arrest for felony wiretapping to prevent citizens from recording their abuses, we're going to start hearing a lot more "I was recording them beating this guy, when one of them came over to me and took my phone. I don't have any evidence, because he apparently destroyed it."
That will work until more people have apps that upload to network storage every few seconds while recording.
 
2012-01-13 11:20:53 AM
Tell Me How My Blog Tastes: TwistedIvory: While I'm not entirely sure how much of this is "Obama's Administration," I think it's a fantastic step forward and I like the judgment behind it.

They submitted a brief supporting the right to record police misconduct, rooted in the 1st Amendment. It's kind of a big step forward, they'd been noticeably silent on the issue.


I think they were hoping that things would correct themselves via bad publicity and through the courts. It seems that the incidents have grown in greater numbers to the point it can't be ignored.
 
2012-01-13 11:21:48 AM
R.A.Danny: Oddly enough Obama's home state is fighting to keep the laws against filming officers on the job on the books harder than just about anyone.

Why is that odd? There's a lot of corruption in Kenya.
 
2012-01-13 11:28:52 AM
Theaetetus: R.A.Danny: Oddly enough Obama's home state is fighting to keep the laws against filming officers on the job on the books harder than just about anyone.

Why is that odd? There's a lot of corruption in Kenya.


Oh SNAP!
 
2012-01-13 11:29:05 AM
R.A.Danny: Oddly enough Obama's home state is fighting to keep the laws against filming officers on the job on the books harder than just about anyone.

Really? I didn't know Hawaii had those laws, please link to them.
 
2012-01-13 11:34:22 AM
Theaetetus: Unfortunately, this means that because the police can't use the chilling effect of arrest for felony wiretapping to prevent citizens from recording their abuses, we're going to start hearing a lot more "I was recording them beating this guy, when one of them came over to me and took my phone. I don't have any evidence, because he apparently destroyed it."
That will work until more people have apps that upload to network storage every few seconds while recording.


I've had Qik installed for a while now. I installed it after reading one of these threads. I think it should be as common on cell phones as the dialer software.
 
2012-01-13 11:34:55 AM
Theaetetus: Unfortunately, this means that because the police can't use the chilling effect of arrest for felony wiretapping to prevent citizens from recording their abuses, we're going to start hearing a lot more "I was recording them beating this guy, when one of them came over to me and took my phone. I don't have any evidence, because he apparently destroyed it."
That will work until more people have apps that upload to network storage every few seconds while recording.


Ustream has an app for that.
 
2012-01-13 11:38:41 AM
GAT_00: Tell Me How My Blog Tastes: TwistedIvory: While I'm not entirely sure how much of this is "Obama's Administration," I think it's a fantastic step forward and I like the judgment behind it.

They submitted a brief supporting the right to record police misconduct, rooted in the 1st Amendment. It's kind of a big step forward, they'd been noticeably silent on the issue.

But like anything else with this administration, I'm going to wait for something to actually happen to be happy about it. A brief doesn't change anything.


the administration doesn't control the judge, all they can do is come out in support of the correct position. which they have. stop being a farking idiot.
 
2012-01-13 11:39:02 AM
david1963: Baltimore Police are assholes.

FTFY

img.photobucket.com
 
2012-01-13 11:44:58 AM
Christopher Sharp was attending the Preakness horse race in May 2010 with friends.

graphics8.nytimes.com

reasonableminds.files.wordpress.com

I've seen those videos.
 
2012-01-13 11:45:50 AM
mauricecano: R.A.Danny: Oddly enough Obama's home state is fighting to keep the laws against filming officers on the job on the books harder than just about anyone.

Really? I didn't know Hawaii had those laws, please link to them.


The one he was a Senator in, you pedantic twit.

And the citations (new window), since you feel the need to question anything I say -

Also (new window), and here (new window)
 
2012-01-13 12:03:01 PM
In one particularly shocking 2008 incident relayed in Sharp's complaint (but not directly involving Sharp), "police officers seized cell phones from individuals in the crowd and, as one officer recalled during a deposition related to the incident, began throwing the phones to the ground.

To be fair, the cop was handed the cell phone and told that it was his dad.
 
2012-01-13 12:09:14 PM
Kazan: GAT_00: Tell Me How My Blog Tastes: TwistedIvory: While I'm not entirely sure how much of this is "Obama's Administration," I think it's a fantastic step forward and I like the judgment behind it.

They submitted a brief supporting the right to record police misconduct, rooted in the 1st Amendment. It's kind of a big step forward, they'd been noticeably silent on the issue.

But like anything else with this administration, I'm going to wait for something to actually happen to be happy about it. A brief doesn't change anything.

the administration doesn't control the judge, all they can do is come out in support of the correct position. which they have. stop being a farking idiot.


If they wanted to do something, they could write up a bill, get a couple dozen high profile cosigners and announce it in a big conference.
 
2012-01-13 12:30:53 PM
About goddamned time. I don't see how recording public officials acting in public can ever by anything other than a 1st Amendment right. Having your recording device taken away for doing so can't be anything but a 4th Amendment violation.
 
2012-01-13 12:35:33 PM
So there are cops who really shouldn't be cops. There are city governments who think cops are their own private army. There are plenty of cases of copy doing wrong things. But let's take another look. Every time you walk a couple of blocks in a city and survive, it's because there are cops. Every time you contemplate driving a few miles, or across the country, you can count on not being stopped by bandits at a roadblock because there are cops. If a cop asks you a simple question, just effing answer the question. Know that if you are drunk and sitting in a car and the keys are available, you can be charged with drunk driving. Just know that, kid. The cop doesn't make the rules, and neither do you. If you think it is necessary to give a cop some grief, expect some in return, but bigger. Is that so hard to figure out? And don't expect the courts to think you make the rules, either.
 
2012-01-13 12:37:03 PM
Oh, and every arrest and radio transmission made by a cop should be a matter of public record.
 
2012-01-13 12:39:26 PM
WorldCitizen: About goddamned time. I don't see how recording public officials acting in public can ever by anything other than a 1st Amendment right. Having your recording device taken away for doing so can't be anything but a 4th Amendment violation.

basically - the cops want to record us at will, but DON'T want us recording them under any circumstances. why? well...if you ask the cops i'm sure they won't really know precisely why they don't want the public recording them doing their jobs while out in public. they just know they don't want to be on camera while they do their jobs. if you push 'em for an answer, i'm sure they'll make some vague statement about 'public safety', but even the police know that's a weak excuse at best.

Of course, we all know that an authoritarian society despises being held accountable for its actions. the reason the cops don't want the little people recording their actions comes down to accountability. cops can slam a suspect up against a wall and use excessive force and as long as it's not on camera, it's the cops word against the suspects. But you start recording those situations and suddenly the cop has to play it by the rules. the cops become accountable for their actions...which is something that some of them never want to have happen. And that's really what's going on.
 
2012-01-13 12:44:17 PM
The filing is the latest sign of an emerging consensus that the First Amendment protects the right to record the public conduct of government officials with a cell phone. Last week, the Boston PD was forced to admit its officers acted improperly when they arrested a man for recording an arrest, after the First Circuit Court of Appeals ruled against the city. And while Judge Richard Posner worried that a right to record the police will lead to excessive "snooping around," his fellow judges on the Seventh Circuit seemed sympathetic to the ACLU's argument that Illinois's strict wiretapping statute violates citizens First Amendment rights.

your beating will begin shortly


DO NOT GIVE YOUR PHONE TO THE POLICE
DEMAND A LAWYER
DEMAND THAT THEY ARREST YOU or LET YOU GO
DO NOT GIVE IN to the police state or you get the police state that you desire.
 
2012-01-13 12:45:56 PM
david1963: Baltimore All Police are assholes.

fixed that for everyone

/no, I have never seen document evidence to the contrary. When was the last time that local police arrested other local police for breaking the law? without having citizens first document what was happening?
 
2012-01-13 12:46:39 PM
namatad: DO NOT GIVE YOUR PHONE TO THE POLICE
DEMAND A LAWYER
DEMAND THAT THEY ARREST YOU or LET YOU GO
DO NOT GIVE IN to the police state or you get the police state that you desire.


I am NOT saying you're wrong, but -

DO NOT GIVE SOME COP THAT IS BEATING THE SNOT OUT OF SOME SHMUCK A REASON TO BEAT YOUR ASS TOO!
 
2012-01-13 12:47:12 PM
R.A.Danny: Oddly enough Obama's home state is fighting to keep the laws against filming officers on the job on the books harder than just about anyone.

Hawaii is fighting this?
 
2012-01-13 12:48:49 PM
R.A.Danny: namatad: DO NOT GIVE YOUR PHONE TO THE POLICE
DEMAND A LAWYER
DEMAND THAT THEY ARREST YOU or LET YOU GO
DO NOT GIVE IN to the police state or you get the police state that you desire.

I am NOT saying you're wrong, but -

DO NOT GIVE SOME COP THAT IS BEATING THE SNOT OUT OF SOME SHMUCK A REASON TO BEAT YOUR ASS TOO!


well at least later you will have grounds for a federal lawsuit which you will get tons of money from.
hello, the police are not allowed to infringe on your first amendment, nor are they allowed to beat you.
plus later you can secretly go dexter on those cops, knowing personally that they need to be dextered.
just saying
dexter
 
2012-01-13 12:50:31 PM
vernonFL: Christopher Sharp was attending the Preakness horse race in May 2010 with friends.

[graphics8.nytimes.com image 480x337]

[reasonableminds.files.wordpress.com image 512x342]

I've seen those videos.


Preakness Freakness, baby
 
2012-01-13 12:50:56 PM
namatad: well at least later you will have grounds for a federal lawsuit which you will get tons of money from.

Just sayin', I'd rather keep both of my eyes pointing in the same direction. Those farkers have been known to shoot cuffed misdemeanor suspects as well. I'd hate to see any farker get hurt.
 
2012-01-13 12:52:01 PM
Hobodeluxe: Theaetetus: Unfortunately, this means that because the police can't use the chilling effect of arrest for felony wiretapping to prevent citizens from recording their abuses, we're going to start hearing a lot more "I was recording them beating this guy, when one of them came over to me and took my phone. I don't have any evidence, because he apparently destroyed it."
That will work until more people have apps that upload to network storage every few seconds while recording.

Ustream has an app for that.


IMAGINE the humor in court when this happens???
bwhahahahahaha

your honor, I have video proof that the pig is a lying piece of shiat. he has committed perjury.
wait, what? you are not going to arrest and charge the cop with perjury?
well this is going to make for a fun news report
have fun

/it is amazing that the same technology which empowers a police state (ubiquitous video surveillance) can also be used to control the police state.
 
2012-01-13 12:55:59 PM
R.A.Danny: namatad: well at least later you will have grounds for a federal lawsuit which you will get tons of money from.

Just sayin', I'd rather keep both of my eyes pointing in the same direction. Those farkers have been known to shoot cuffed misdemeanor suspects as well. I'd hate to see any farker get hurt.


shudder
I have lived in Chicago all my life. I am completely aware that I live in a police state. shudder.
The video of the drunk fat ass cop beating the crap out of the tiny female bartender and the subsequent protection given to that cop is all the evidence that anyone needs. FFS, is that pig still employed by the cops? did he get sent to prison?

Link (new window)

"Judge John Fleming said he decided against jail because he did not believe the crime was serious enough and throwing Abbate behind bars would not be a deterrent to others.

"If I believed that sending Anthony Abbate to prison would stop people from getting drunk and hitting other people, I'd sentence him to the maximum," the judge said. "But I don't believe that is the case.""

if it had been a judge or cop who had been beaten as badly as that woman, the result would have been different.

I called dexter, but he said that he is too busy to visit the judge. sigh.
 
2012-01-13 01:01:00 PM
This About That: Oh, and every arrest and radio transmission made by a cop should be a matter of public record.

but but but privacy
LOL

and

but but but the cop is being sued, we need to protect his "rights"

um, no we do not
as an public servant you give up those rights while serving the greater good. sucks, but you are ON RECORD. how else could you testify in open court?? LOL

they have also found that when cops are record, the number of beatings and complaints against cops goes DOWN ...
shocking, I know!!
people behave better when they are being watched and recorded
 
2012-01-13 01:07:34 PM
Theaetetus:

apps that upload to network storage every few seconds while recording.

Yes. That's a must-have.
 
2012-01-13 01:11:38 PM
This About That:

So there are cops who really shouldn't be cops.

Where are the cops who should be cops?

Oh that's right, they're Fark mods instead.

/blatant ass-kissing can be fun when it's my idea
 
2012-01-13 01:13:16 PM
GAT_00: If they wanted to do something, they could write up a bill, get a couple dozen high profile cosigners and announce it in a big conference.

the president cannot introduce bills to congress

OUR GOVERNMENT, HOW DOES THAT shiat WORK?!

/you're an embarrassment to liberals.
 
2012-01-13 01:14:57 PM
Weaver95:

cops can slam a suspect up against a wall and use excessive force and as long as it's not on camera, it's the cops word against the suspects. But you start recording those situations and suddenly the cop has to play it by the rules. the cops become accountable for their actions...which is something that some of them never want to have happen.

Very very very this.

Except for the "some" part.
 
2012-01-13 01:17:03 PM
namatad:


/it is amazing that the same technology which empowers a police state (ubiquitous video surveillance) can also be used to control the police state.


Until they take down Youtube and start treating the Web like China does.

Next year at the latest.
 
2012-01-13 01:19:16 PM
david1963: Weaver95:

cops can slam a suspect up against a wall and use excessive force and as long as it's not on camera, it's the cops word against the suspects. But you start recording those situations and suddenly the cop has to play it by the rules. the cops become accountable for their actions...which is something that some of them never want to have happen.

Very very very this.

Except for the "some" part.


I don't think all cops are bad. I do think that there are some VERY bad people wearing badges tho, and I think that most cops just want to get through a shift and be alive at the end of it. their job can go from being boring to lethal in a heartbeat so it breeds an interesting set of assumptions and bias. That said, i'm sure they hate having some civilian using a series of recordings to second guess their decisions after the fact. But...that's the job. if they don't like it, then they don't have to do it.
 
2012-01-13 01:20:06 PM
david1963: namatad:


/it is amazing that the same technology which empowers a police state (ubiquitous video surveillance) can also be used to control the police state.

Until they take down Youtube and start treating the Web like China does.

Next year at the latest.


strange, but the GOP is in favor of more controls on the internet, right ?
shudder
 
2012-01-13 01:30:26 PM
I was bracing for the worst when I clicked though to the article. I was certain how it was going to be all about how the Obama administration is behind the police and that it fully supported their right to confiscate cellphone videos.

I am pleasantly relieved to see that this is one of those times when their heads aren't up their asses.
 
2012-01-13 01:33:47 PM
Some 'Splainin' To Do: I was bracing for the worst when I clicked though to the article. I was certain how it was going to be all about how the Obama administration is behind the police and that it fully supported their right to confiscate cellphone videos.

I am pleasantly relieved to see that this is one of those times when their heads aren't up their asses.


this will be interesting to watch
why are the police fighting so hard to prevent being recorded????
LOLOL
 
2012-01-13 01:34:21 PM
HOLY CATS, I a friend's brother is Christopher Sharp! Calling her now to see if it's the same guy.

/Yeah, cool story, sis--I know.
 
2012-01-13 01:38:08 PM
This About That: So there are cops who really shouldn't be cops. There are city governments who think cops are their own private army. There are plenty of cases of copy doing wrong things. But let's take another look. Every time you walk a couple of blocks in a city and survive, it's because there are cops.

Nobody is questioning the importance of having cops. You'd have to be a pretty hard core anarchist to deny that police are something of a critical necessity to a functioning society.

The problem is that cops get a lot of power. In many cases, they need that power to do their jobs. Unfortunately, it's also very easy to abuse that same power, which means that assholes who like having power over others have a tendency to gravitate towards police work.

This means that there's no contradiction between appreciating the need for police while, simultaneously, believing that it's extremely important to keep the police accountable for their actions and wanting to punish those who cross the line.

Shorter: Cops are a good thing that can easy become a bad thing unless you keep an eye on them.
 
2012-01-13 01:44:00 PM
Weaver95: I don't think all cops are bad. I do think that there are some VERY bad people wearing badges tho, and I think that most cops just want to get through a shift and be alive at the end of it. their job can go from being boring to lethal in a heartbeat so it breeds an interesting set of assumptions and bias.

I think you're right. Unfortunately, cops are human and there's a natural tendency to close ranks when someone in your in-group is being threatened.

That's the most frustrating thing about these incidents. It's not the revelation that there are bad cops, it's the disappointment of watching all of the nominally good cops defending the bad ones, especially when it goes right up to the chief of police.

Again and again we've learned that the police can not be trusted to police themselves.
 
2012-01-13 01:45:12 PM
Good.
 
2012-01-13 01:47:28 PM
Some 'Splainin' To Do:
Shorter: Cops are a good thing that can easy become a bad thing unless you keep an eye on them.

Some 'Splainin' To Do:
Again and again we've learned that the police can not be trusted to police themselves.


Both of these.
 
2012-01-13 01:47:34 PM
brigid_fitch: HOLY CATS, I a friend's brother is Christopher Sharp! Calling her now to see if it's the same guy.

/Yeah, cool story, sis--I know.


False alarm--not him. As it turns out, he'd just as soon circumcise himself with a chainsaw than have the Obama administration come to his defense. However, my friend posted it to his FB wall so he can fend off his equally crazed Teabagger friends.
 
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