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Mich. State Campus Cops Seize HDs With Riot Photos

Spintronic writes "This is old news here but others might be interested. There was a small riot here a few weeks ago due to the early exit of a certain basketball team. Because of riots years ago of a much larger magnitude and the black eye this is giving the university, the cops (local and campus I believe) are out looking to make examples. In their zeal they tried to get all the unaired footage and photos from the local media, who refused to comply. Not to let it go, they went on to seize hard drives from students who took digital photos that night. Here's info from the student nespaper, and here's an editorial."

48 comments

  1. Pigs... by C0LDFusion · · Score: 0

    ...never change. They can't do anything intellegently, so they randomly attack citizens with info.

    --
    Only in slashdot are posts of solidarity modded at -1 Redundant, while posts of antagonism are modded as -1 Flamebait.
    1. Re:Pigs... by cyberlync · · Score: 1

      The 'Pigs' as you call them are the thin blue line between you and anarchy. In my experience policemen have been generally responsable and kind individuals who try thier best to do thier duty and follow the law. This is not to say there aren't exceptions (there are many exceptions even in my own experience). If you have a problem with policies or laws don't get upset at the cops, get upset at the policy and lawmakers. If anythings, cops should be respected for putting thier lives on the line day in and day out for little pay and almost no respect.

      --
      I'm a programmer, I don't have to spell correctly; I just have to spell consistently
    2. Re:Pigs... by Anonymous Coward · · Score: 0

      I'm a white 42 year old professional with no police record and no tendencies toward any sort of illegal activity, with the exception of underage drinking in my past and inhaling marijuana smoke many years ago. In my experience, policemen are generally arrogant control freaks who scored below a certain level in an IQ test. Policemen in the city that I live in shoot minorities or have them die in custody far too often. There are no citizen oversight comittees, and the police good-ol-boy networks fight tooth and nail to prevent them. In the very few instances in my lifetime that I have had to dial 911 and request police assistance due to observed theft, vandalism, or violence in progress, their response has been excruciatingly slow and followup investigation nonexistant. In the few instances where I have been in control of a situation and a police officer happened by, their invasiveness and escalating attitude has been a detriment to peace and safety. The past few years have been filled with peaceful protests and demonstrations in my area, and I have been utterly appalled at the escalating and totally unnecessary violence that I have seen perpetrated by the police.

      I give police officers the respect and trust that I feel that they deserve based on their intelligence and ability to make the correct decisions. In other words, I have very little respect for police officers and I do not feel that I am able to trust them with my own safety. I have a problem with the police officers themselves, not with the policies and laws that is their job to uphold.

    3. Re:Pigs... by pla · · Score: 1

      When the "pigs'" bill-of-rights doesn't supercede my own rights, I'll give them a fair chance.

      Until then, they count as THE ENEMY.

      100% truthfully, I (and most of us) stand a FAR better chance of dying at the hands of a cop, whether by an accident or by so-called "self defense" ("He had a realistic looking rubber knife, I had to shoot him!") than an Iraqi soldier and/or so-called (unsubstantiated) "terrorist". Why should we not fear and outright oppose the first group, when we went to FUCKING WAR against the second?

      Sorry. Forgive my language. But really... Think about it.

    4. Re:Pigs... by Anonymous Coward · · Score: 0

      You disgust me.

      For years, I put my ass on the line for the likes of you. I never fired my weapon outside of the range.

      How dare you judge my intelligence and ability to make correct decisions. You arrogant bastard.

      You , and those like you, are the reason why police officers begin to distrust those they are sworn to protect.

    5. Re:Pigs... by Anonymous Coward · · Score: 0

      Big difference here. When a citizen can not trust the police, they can go to legislators or create citizens oversight boards (with a LOT of effort).

      When a police officer finds themselves unable to perform the duties they are sworn to, they should have no other choice than to resign. If they don't resign, then they are either lacking in intelligence or unable to make correct decisions.

  2. Actual Owners of the Images by Agamous+Child · · Score: 3, Insightful

    As I understand it, when you are taking pictures for use anywhere other than for personal use, you have to have the permission of the subject... IF these photos were taken of the "alleged" rioters and they were posted on the internet in any form (i.e. published) without the consent of the subjects.. then they could cry foul in the photos use in the investigation... NOW.. if the photographers in question were legitimate members of the press...and the photos were then used in those individuals "news" websites.. First Amendment rules would apply, right? I haven't slept in about 48 hours does it show?

    --
    I had a sig, but /. ate it. My Web Site
    1. Re:Actual Owners of the Images by Agamous+Child · · Score: 1

      Or was it the fourth?

      --
      I had a sig, but /. ate it. My Web Site
    2. Re:Actual Owners of the Images by Hungus · · Score: 4, Insightful

      Sorry but you would be incorrect in your ideas. So long as the photos were taken in a public place and not in a concealed fashion you do not have to have the permision of those photographed.

      --
      Bad Panda! No Bamboo for you! In matters of importance ACs will not be responded to. Want to say something critical,OK
    3. Re:Actual Owners of the Images by Zarquon · · Score: 1

      There are some strange exceptions to this.. I believe some architextural designs require permission, and (not precisely relevant) the lighting scheme of the Eiffel Tower is protected, even if the Tower itself isn't.. so night pictures require permission.

      --
      "'Tis great confidence in a friend to tell him your faults, greater to tell him his." --Poor Richard's Almanac
    4. Re:Actual Owners of the Images by roseblood · · Score: 1

      If ANY image is newsworthy (depends on the judge) or has editorial value (again, take it up with the judge) it can be published without the permission of any person who's person or property is shown in said photograph. If any recogonizable person (or sometimes person's property) is in a photo, a model release is required for publishing outside the realm of news. That covers publishing a photo. Taking a photo is allowed anywhere you haven't been given notice that photography is not allowed. Often this notice is in the small print, or in large print posted in a very inconvient location.

      --
      There are lies, damned lies, and statistics.
    5. Re:Actual Owners of the Images by eMilkshake · · Score: 1

      You forgot the magic phrase: "No presumption of privacy."

  3. Illegal Search and Seizure by Hungus · · Score: 4, Insightful

    IANAL BIWWT (but I work with them)
    Sounds like a violation of the students rights by a long shot. While I am not a big fan of them, this is a good reason the aclu exists. NOw if they had a court order for seizure of evidence that would be legitimate ... unless the students who took the pictures were shown rioting also then it would be illegal under self incrimination.

    --
    Bad Panda! No Bamboo for you! In matters of importance ACs will not be responded to. Want to say something critical,OK
    1. Re:Illegal Search and Seizure by Anonymous Coward · · Score: 1, Funny
      NOw if they had a court order for seizure of evidence that would be legitimate ... unless the students who took the pictures were shown rioting also then it would be illegal under self incrimination.

      Considering a picture you have taken of yourself in the act of committing a criminal act as inadmissible since it would be 'self incrimination' seems like it might be of interest to those representing R. Kelly.

      Too bad the kids who were taking a video of themselves driving around shooting people with a paintball gun didn't have such astute legal representation.

  4. Student journalism detector by Anonymous Coward · · Score: 2, Insightful

    They were doing good up to this point:

    But the student's willingness to cooperate with officer's unorthodox demands is understandable. Perhaps he was frightened as to what punishment could fall upon him if he wasn't helpful,

    I'm not a journalism major, but even I know you shouldn't say something like "Perhaps he was frightened..." when writing an article. It makes you look biased. And when your bias detector goes off, you start to quetstion the source... and the whole thing has much less impact.

    1. Re:Student journalism detector by Anonymous Coward · · Score: 0

      well, since it was an EDITORIAL he can say whatever the fuck he likes. Including awkward phrases like "frightened as to what" which just screams HIGH SCHOOL to me.

  5. whew! by Anonymous Coward · · Score: 3, Funny

    Good thing I live in a country that specifically outlaws this sort of thing!

    Here in the USA, a citizen--

    what?

    IT DID?

    FUCK!!!

  6. IT WAS AN EDITORIAL by Anonymous Coward · · Score: 1, Insightful

    There is one news article and one editorial. Each seems quite appropriate, better than the usual crap in my hometown "real" newspaper. If you read that far through the editorial thinking it was a news article before finally getting the weird feeling . . . jesus, just go committ suicide. Fucking moron pontificating about journalistic standards and can't even read himself.

  7. Misleading... by smoondog · · Score: 4, Interesting

    Once again it looks like the /. is misleading:

    Last week, police obtained a warrant to confiscate a computer from an on-campus student. But the warrant wasn't necessary because the student handed over the computer without resistance.

    Warrant: Yes. Seized: No. I read the article and it sounded like police stormed some guys house to hide evidence, implying that the evidence was some form of coverup. Jeez, they are looking for the identities of law breakers, and they had a warrant AND the person gave it to them freely.

    There is nothing wrong with the police collecting evidence showing a crime, if they know that evidence exists and the crime occured, IMO. What is the problem?

    If you had the gun that shot someone, they are allowed to get a warrant to collect that for fingerprinting. How is a video different than a fingerprint. It's still evidence.

    -Sean

    1. Re:Misleading... by charlie763 · · Score: 2, Insightful

      If you had the gun that shot someone, they are allowed to get a warrant to collect that for fingerprinting. How is a video different than a fingerprint. It's still evidence.

      I think it would be more like the police taking your wallet, photo albums, tax returns, personal letters, and a filing cabinet full of other personal information and belongings so that they can finger print your gun.

      --
      Welcome to the land of the free...pay toll ahead...no photography...please open your bag...
    2. Re:Misleading... by Apreche · · Score: 2, Insightful

      If I took picture of a crime, and the crime was comitted in a public place, then it is perfectly legal for me to take those pictures. I myself have not done anything illegal (except lots of mp3s, but that's not relevent). If the police were looking for tips and such I could, if I chose to do so, give them copies of those pictures in hopes for a reward. I could voluntarily give them whatever I wanted actually. But in order to get a warrant to get stuff from me, a non-criminal... Oh wait. You can't get a warrant for someone without probable cause. The Constitution says so. They have no right to forcibly seize property from non criminals. End of story.

      The problem here is that a warrant was issued against a non-criminal. That's not cool. And they are using the Patriot Act on top of it, which is blatantly unconstitutional.

      I will again repeat the famous quote of best-ness.

      He who trades his civil liberties for an illusion of security deserves neither.

      --
      The GeekNights podcast is going strong. Listen!
    3. Re:Misleading... by PD · · Score: 5, Insightful

      If I owned the pictures in question, and the warrant demanded that I turn over my entire hard drive, I'd see them in court.

      They can get a warrant for the specific photo evidence that they are looking for, and bring a blank CD for me to burn the photos on. They can't have a blank warrant to seize anything at all that exists on the computer.

    4. Re:Misleading... by Anonymous Coward · · Score: 1, Insightful

      What was wrong with him just putting the images onto CD for them?

    5. Re:Misleading... by phyxeld · · Score: 2, Interesting

      If I owned the pictures in question, and the warrant demanded that I turn over my entire hard drive, I'd see them in court.

      IANAL, but I think that, with a warrant, they just could take it from you immediately and any legal case you could make would be after-the-fact.

      They can't have a blank warrant to seize anything at all that exists on the computer.

      Well, from many books and news stories I've read on the subject (of computers and the law), I think that they can and do. (Not to say I think it's right, it's just that law enforcement gets to operate by a different standard for right/wrong than the rest of the human race...)

      --
      __
      Choose mnemonic identifiers. If you can't remember what mnemonic means, you've got a problem. - Larry Wall
    6. Re:Misleading... by offpath3 · · Score: 3, Informative
      They have no right to forcibly seize property from non criminals. End of story.

      Unfortunately I don't believe this is true. Look up Zurcher v. The Stanford Daily. It was a case that went to the supreme court, where it was determined that police were in the right when they siezed photos of vietnam war protestors from the offices of the Stanford Daily. This case is why most newspapers destroy any pictures they don't publish.

    7. Re:Misleading... by ConsumedByTV · · Score: 3, Funny

      You must live in another country than we do. In america we have the right to life, liberty and the persuit of freedom.

      We have the right to freedom of persecuition.

      When a police officer want's my computer they can't just take it good sir. No we have laws. They cannot take something and make me fight for it. That's against what I as an american feel is right.

      That sir is fascism. We don't support that in america.

      We are free, soon we will free your country too.

      Freedom will come to everyone that waits for but a moment.

      --


      "Not my manner of thinking but the manner of thinking of others has been the source of my unhappiness." - M
    8. Re:Misleading... by Anonymous Coward · · Score: 0
      You must live in another country than we do. In america we have the right to life, liberty and the puersuit of freedom.
      In america we have a barn wall, with some commandments written on it.
      Nobody can read, and the words are slowly changing.
      We have the right to freedom of persecution.
      Sure, we have lots of stated freedoms. In practice, do they really exist, though? If you look at the number of nonviolent "criminals" this country has locked up, you'll quickly see that the most basic freedom of all is deprived from many. Do you believe in a God just because it's says there's one in a book? Believing you're free, because it says so in the constitution, is hardly any more sensible.
      We are free, soon we will free your country too.
      Watch out, you're starting to sound like a subversive. You'll end up experiencing your lack-of-freedom first hand, with talk like that!
      Freedom will come to everyone that waits for but a moment.
      Say what? I thought you said we were free. Now we have to wait for freedom? I don't think waiting will get us anywhere. We need to fight for our freedom. And, frankly, furthering the misconception that we already are free... is counterproductive to the cause.

      (You're hurting the movement!)
  8. Confusing by Anonymous Coward · · Score: 0

    The use of seized information from the Internet and from computers is allowed under the Patriot Act, said Henry Silverman, president of the Lansing chapter of the American Civil Liberties Union.

    Anyone would tell me what this 'liberties' means? I'm not a native speaker but I found it comes to no good when I see the world 'liberties'. Is that is synonym of 'fucking'?

    1. Re:Confusing by Anonymous Coward · · Score: 0
  9. Copyright laws by norwoodites · · Score: 2, Insightful

    Can you use the copyright laws against the police? Once you shoot the camera, you become the owner of the copyright of that shot/movie (unless you give it up to someone else). Also can you use DCMA law against them if it was a digital picture/movie?

    Even though they enforce the laws, they are not above them.

    Also does not the first amendment give you the right to freedom to the press/speech, so they did not have to give it over because it was `speech' to have this picture/movie?

    Also if they were only going after the photos, they should not have taken the who hard disk.

    Yes the photos will help the police to catch the rioters but now it is about freedom to the press and speech.

    What is the `press' anyway, now with the internet anyone can be part of the `press'?

    1. Re:Copyright laws by cei · · Score: 1

      But if somebody A) took pictures of a crime in progress and B) posted some of those pictures on a web site saying, "Hey, look at the pictures I took of a someone committing a crime!" then the police are within reason to subpoena the photos to aid their investigation. This has been held up in the courts in the case of traditional photography, and it's not much of a stretch to apply the same to people with digital cameras.

      As to the matter of copyright, you would still hold copyright over those images (even if you never got them back). So they could not be published without crediting you, and depending on their use, you might be compensated. Copyright doesn't prevent something from being introduced into evidence in a court of law.

      --
      This sig intentionally left justified.
    2. Re:Copyright laws by Danse · · Score: 1

      Copyright doesn't prevent something from being introduced into evidence in a court of law.

      Exactly. In fact, /. readers were quite happy about that quite a while back when a big chunk of the Scientologists' copyrighted religious text was read into evidence during a lawsuit they had brought against some poor guy. They are pretty clever when it comes to legal machinations, but they didn't catch that one until it was too late. So their wacky religion was laid bare for all to read.

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    3. Re:Copyright laws by budgenator · · Score: 1

      I retired from the Michigan National Guard, and everybody is probably aware of the fact that the NG has had significant roles in civil disturbances. One thing that was pounded into our heads was to use the press as much as possible. Durring a riot people often see themselves as anonymous, the sight of press cameras strip away this feeling of anonymity very effectivly, and often preserves life, limb and property.
      Having said that I think that the tactics used by the authorities in this case will probably back-fire on them the next time. Siezing computers and hard-drive is going to make people who might otherwise vollenteer evedence much more likely to delete it instead.
      Freedom of the press is all well and good, but you have to be ready to risk contempt of court charges and indeterminate jail time to assert it in the face of search warrents and supenas

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
  10. IN GLORIOUS IRAQ... by Tuxinatorium · · Score: 0, Troll

    ...Our hard drives siezed the American Infidels. The Infidels committed suicide rather than face the might of the hard drives that have surrounded them. They say it is they who have surrounded us. That is another American Lie. Allah has condemned them, therefore we have routed the american advance. Do not believe them. Do not believe Al-Jazeera, they are marketing for the Americans. Our hard drives are still firmly in control of Baghdad. There are no American infidels in baghdad, NEVER! -- Courtesy of Iraqi Information Minister, Mohammed Saaed Al-Sahaf

  11. strange... by Anonymous Coward · · Score: 1, Funny

    Mich. State Campus Cops Seize HDs With Riot Photos

    Didn't they just use their hands? Possibly gloved?

  12. RIAA tactics could be useful... by Crash+Gordon · · Score: 1

    Remember the alleged RIAA "plot" to seed bogus media files into P2P networks? Well, this sounds like an excellent time for Michigan State students to Photoshop some interesting faces into the crowd of rioters, then wait for their HD to be nabbed.

    Make some of them really obvious, some not-so-obvious, and some of them pretty good. This should destroy the credibility of all the photos the cops get; they'll have no idea what's real and what isn't.

    1. Re:RIAA tactics could be useful... by Schart · · Score: 1

      I believe the phrase for what you propose is Obstructing Justice.

    2. Re:RIAA tactics could be useful... by Crash+Gordon · · Score: 1

      One can only obstruct justice where there is justice to obstruct.

  13. I don't see how this is illegal.... by rritterson · · Score: 2, Insightful

    Those students witnessed a crime and are now in possession of material evidence. Imagine if I took a chance picture of your significant other being fatally wounded. Wouldn't you want the police to have that information to provide evidence to the killer's identity?

    Is it different because the students commited a misdeamenor? What if they vandalized your property?

    I'm skeptical of anything that goes through a college newspaper and then to slashdot. That sort of centrifuge can generate quite a spin.

    The one concession I will make is the police must request the evidence from those in posession. If they refuse to comply they are impeding justice.

    --
    -Ryan
    AUWYHSTOT (Acronyms are Useless When You Have to Spell Them Out Too)
  14. Re:Slashdot idiots by unitron · · Score: 2, Interesting
    And in other news Slashdot user Jonathan Swift's post "A Modest Proposal" was also modded as "flamebait".

    One wonders why this story isn't considered important enough for the main page. Will these seized computers ever be returned to their owners or will they wind up being sold at police auction? Even if the police can prove in court that they (the police) did not doctor the photos, can they prove that the photos weren't doctored before being seized?

    --

    I see even classic Slashdot is now pretty much unusable on dial up anymore.

  15. Here's what disturbed me... by UberGeeb · · Score: 5, Insightful
    ... about the article.
    Silverman said warrants must clearly define what police are looking for, otherwise searching through the other information could be invasion of privacy.

    "Computers are very personal things," food industry management junior Russell Enfield said. "There's a lot of information on there."

    But Ingham County Prosecutor Stuart Dunnings III said if police find any other evidence of crimes on the computer hard drive, they can be held against that person.

    "It's the same thing as being pulled over for speeding and finding a gun on the front seat," Dunnings said.

    So, I freely give them the pictures I took. While they are rummaging around they find my records for the side business I'm running, and my income tax records for the year. They realize I didn't claim the income from my side business on my income tax, and I get a nice visit from J. Random Suit from the IRS. All because I was helpful and complied with a request from the police department.

    Huh. And they wonder why no one trusts public authority figures any more.

    It's not "the same thing as being pulled over for speeding and finding a gun on the front seat", it's the same thing as being pulled over and having the police officer search your car. Something equivalent to the "gun in the front seat" analogy would be if the cops showed up, you let them in and handed them the hard drive, and in the process they saw the dead body of the mailman you murdered lying on the living room floor.

    In this student's situation, my answer would have been "No, you can't have the hard drive. But if you want to come back in a couple hours, I'll have copies of those photos burned to a CD and you can have that." Multiple copies, even, if they want them. Heck, if they've got a place they want me to drop those CDs off at rather than coming by again, I'll do it. I'm perfecly willing to provide help with an investigation if I can; I'm just not willing to potentially lose an 80G hard drive or potentially incriminate myself in the process.

    1. Re:Here's what disturbed me... by mabhatter654 · · Score: 1
      You just summed up the article pretty well. As well as the current state of law enforcement!
      It's disruptive police threats like these that turn people mean! In reality, the procecutor was wrong--it's not like having a gun in the front seat. Many previous cases of search warrants have turned up stolen goods [reading serial numbers from your stereo while dusting for prints, looking for drugs]. If those were not the scope of the warrant then the officer was violating rights. That's been upheld in court. I would expect Computer warrants to be equally as narrow in scope! Espically given the sensitive nature of the information.

      I wonder why they couldn't just show up with the police tech, run a quick search for .jpg from the last day or so burn a disk and be on their way. If it was a business, they would be more than happy for a CD, why is it with average people they feel the need to push their weight around? They tend to view all involved parties as somwhat guilty and feel it their job to punish you just in case the courts don't get to you!

  16. Encryption by ralphb · · Score: 3, Insightful

    This is all the more reason to routinely encrypt all your personal data. The seized HD is not going to do them much good if they can't read the data.

    1. Re:Encryption by Anonymous Coward · · Score: 0
      The seized HD is not going to do them much good if they can't read the data.
      Nope, not going to do them much good. That is, until they tell you that if you don't provide them with the password/key, they'll charge you with interfering with a criminal investigation, or obstruction of justice, or (if this were to go to trial) contempt of court.
  17. AAAARRRRGGGGGGGGG!!!!! by crotherm · · Score: 1

    They can have my hard drive when they pry it from my cold, dead hands.....

    If you aren't pissed off, you haven't been paying attention!

    --
    "Those who make peaceful revolution impossible, make violent revolution inevitable" - JFK
  18. Main page? and EveryWhere !!!!!(legal vs ethical) by SolemnDragon · · Score: 1
    Yes. I agree that it should have been main page. That said, i think that we're diverging into the is-it-legal department without asking the is-it-ethical question. Namely:

    a.) is it appropriate to take pictures of riots

    b.) is it approriate to then take away the pictures of the riots?

    This raises questions because protest is frequently a crime, but the protest may be ethical in nature. Ethical as in ethically right, not just ethical in sphere-of-debate.

    I'm thinking of the Vietnam protests, which frequently got silenced in the media for fear of sparking similar riots/protests. Anybody remember the song that got made of it? It got made because the media sat on the news footage. So this is a serious ethical question, as well as a legal one. I'm not a lawyer, but i'd say that if they came to the door asking for footage of the 'crime' i'd hand it over- but not until i'd sent copies to safe places with instructions to share if necessary.

    just my thoughts. *sigh* long, crazy day and it's starting to show...

  19. Hello 21st century by Rares+Marian · · Score: 1

    It's unnecesarry to seize the hard drive. Just copy the file.

    --
    The message on the other side of this sig is false.