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Library Chief Criticized for Requiring Subpoena
sudnshok writes "Hasbrouck Heights (NJ) Library Director Michele Reutty is under fire for refusing to give police library circulation records without a subpoena. Her lawyer explained, 'Reutty did the right thing... At no time did Michele Reutty say to any police officer or anybody else that she would not give the information if it was properly requested.' However, borough labor lawyer Ellen Horn, who also represented the library trustees, said Reutty was 'more interested in protecting' her library than helping the police. 'It was an absolute misjudgment of the seriousness of the matter,' Horn said."
protecting privacy is not "cool" any more...
sad day
FTA: the mayor called it "a blatant disregard for the Police Department"
When the police are breaking the laws (or sneaking around them) who do we ask to protect us?
Some people die at 25 and aren't buried until 75. -Benjamin Franklin
"I followed the law. And because I followed the law, at the end of the day, the policemen's case is going to hold strong. Nobody is going to sue the library and nobody is going to sue the municipality of Hasbrouck Heights because information was given out illegally."
That's actually the best argument she can make. Any case prosecutors will have against this man will be much stronger because the library complied with the applicable law(s) when responding to a police request. What if that evidence had been thrown out because it was illegally, or at least questionably, obtained?
Teachers and librarians are the real heroes. They change the world without ever kicking down a door.
Faith: n. -- That human impulse that drives them to steal appliances when the power goes out
violation of fundamential civil right principles is far more heinous a crime
than any child molestation, rape, murder, or terrorist act.
but then, the population of that country called USA really doesn't give a damn
about that thing called liberty it gives drone-like lip service too.
never did really.
And journalists rarely let facts get in the way of a good story. So, I would caution people to not assume everything printed is correct. Nonetheless, to whatever degree it is true that a librarian was asked to break the law by the police, the librarian was in the right to refuse. She is likely to be punished, possibly severely, regardless. I doubt the city or the police will forget in a hurry, no matter who was in the right, and that should be the real point of concern. When revenge becomes more important than upholding the law, there is no law. It is a troubling cultural divide by zero error.
It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
are you serious?? You think the entire law of due process and the requiring of warrants should be overturned because of this case?
i never really thought having warrants and keeping the police in check was a bad thing....
'more interested in protecting' her library than helping the police.
You don't say? That's precisely why that rule exists in the first place! Fucking morons.
From TFA:
Borough labor lawyer Ellen Horn, who also represented the library trustees, said Reutty was "more interested in protecting" her library than helping the police.
"It was an absolute misjudgment of the seriousness of the matter," Horn said at Tuesday's meeting.
What utter bullshit. She doesn't work for the police, and it is her job and her legal mandate to protect the privacy of people who check out books from her library.
These "borough officials" are nothing but a bunch of grandstanding politician assholes trying to make their careers by harassing a librarian who was doing her job the way it should be done. They should all be voted out of office.
Warrants are there for a reason.
What if the dangerous paedophile actually managed, through hard work and dedication, to get a job on the police force? Sure, the overwhelming majority of police are good, but it's definitely possible for ONE bad cop to get through. Should he be able to get your child's records without anyone even looking over his work to determine if it's 'warranted'?
Food for thought.
Unless you are "fighting terror", an improperly conducted search will get thrown out by the courts and then the "bad guys" usually get a walk.
Why should there be an exception for "fighting terror?"
It is the mindset though. Look for more and more things to fall under the concept of 'fighting terror' as a way to get around due process and the Bill of Rights. I remember hearing some guy on NPR say some members of LA gangs were 'street terrorists'.
Reutty was 'more interested in protecting' her library [and its users] than helping the police
I think I'd actually be proud if someone said something like that about me.
Opus: the Swiss army knife of audio codec
Those who would sacrifice liberty over security, deserve neither security nor liberty.
-Benjamin Franklin
that the ones supposed to UPHOLD the Law are the first ones wanting to BREAK the Law.
Second - the Library director did the right thing. Why? Because if the information she gave was obtained without "due process", the pedophile could get free because of this. Now who would be the one to blame? The Library. Wonderful.
I'd pretty much tell the stupid police to just do their job and STFU.
Far from being an "... absolute misjudgment of the seriousness of the matter", this librarian correctly realized that it was a serious matter which she was not qualified or empowered to judge. She deferred to the courts, which are only appropriate and authorized arbiter of police search powers.
Bravo, Ms. Reutty!
With reasonable men I will reason; with humane men I will plead; but to tyrants I will give no quarter. -- William Lloyd
Of course they did. Journalists file FOIA requests all day long, and have to wade through mountains of forms to get information that should be freely available to any citizen, if the governement wasn't fricking corrupt. Cops are supposed to have to do the same thing for data that isn't freely available. That's the law. And after filing dozens of FOIA requests for police reports, you bet your ass they jumped on it when the cops tried to pretend like they were above the law.
On top of that journalists are in a position where they can end up in posession of information that the government wants to know, and unlike librarians, they don't have the luxury of giving that info up if they want to continue in their careers. Strong and respected privacy laws are very much in their self interest.
And finally, journalists tend to be literate library affectionados, and, as such, are well disposed toward spunky, privacy-respecting librarians.
ad logicam Claiming a proposition is false because it was presented as the conclusion of a fallacious argument.
If she hadn't forced them to follow the letter of the law, whoever this person was that broke the law initially could have turned around and used the illegal obtaining of his records in court to get the case thrown out.
That exact scenario has happened before, where these small-town cops get worked up, don't follow the rules, and it ends up hurting what could have been a simple, open-shut case if they had just had patience. I really wish I could post a link to the details (I've spent a lot of time in Jersey Boroughs) but usually there is little to no public record, things get lost, or safety nets are put in place.
Its really really sad actually.
1 (short ton / firkin) = 89.1432354 slugs / keg
How come we never really hear much about it?
Um, are you shitting me? Like, are you really serious?
We hear about this ALL THE FUCKING TIME, especially on the internet (e.g., blogs).
Constantly.
More than we ever have before, and more every day. And it's not because there are "more abuses"; there's more people hunting for and collecting evidence about said abuses. Some of these people do it out of genuine concern. Most of these people do it because their political leanings are crystal clear.
And you know what? There aren't really any more or less "abuses" than there ever have been; there are just much easier ways to spread the word. That's what makes people believe we're heading down the primrose path to a fascist state and all this other crap.
Technology cuts both ways: it makes it easier for the government to abuse rights and freedoms, and it makes it easier for everyone else to find out and call them on it.
If it's that serious, you want a trail of evidence and iron-clad law-abiding police searches and questioning to bring you through prosecution. The fact that the police failed to get a subpeona for a situation where one would likely be needed (they wouldn't have to use it right away, only if the librarian put up a fight).
I applaud this librarian for forcing the police to do their job. Why, if everyone did this, we might actually have a trust-worthy government! Oh, the horror!
The article mentions that reps from a library association went to a meeting to show support for Reutty, but I think it might help if concerned citizens from around the country let their voice be heard.
Hasbrouck Heights Library website
Here is a list of staff, with the board of trustees at the bottom. I can't find individual contact lists for them, but sending snail mail to the library and putting their name would probably work.
Apparently the police didn't think it was even serious enough to bother getting a subpoena.
Certain facts were presented, no matter the original spin. The police did not have a subpeona, and the chief of the library did not give them the information requested.
The facts are what we are cheering. It doesn't matter whether she helped an alleged pedophile get away or not. (She didn't.) She helped protect liberty. That's more than most of us do in a lifetime.
Microsoft is to software what Budweiser is to beer.
We have that show too. Its called "24". I think its a way to get people to be ok with torturing potential suspects. Pretty soon, you'll have Joe Average saying "Well, they should just torture the guy and find out what he knows. Why are they letting him have a lawyer?"
"Reutty was 'more interested in protecting' her library than helping the police."
errr... call me stupid, but isn't that what her job supposed to be, protecting the library? I just don't get it... If she wanted to help the police, she'd be a neighborhood watch woman.
"Don't let fools fool you. They are the clever ones."
Citizens of the United States of America, you do realize you live in a fascist state, don't you?
Following the law is not a "misjudgement".
From the article:
... Reutty, the director for 17 years, now faces possible discipline by the library board. Members of the Borough Council have suggested she receive punishment ranging from a letter of reprimand in her personnel file to a 30-day unpaid suspension.
Library Director Michele Reutty is under fire for refusing to give police library circulation records without a subpoena.
You can't be serious!
What if I said:
"Michele Reutty didn't send me a Christmas card last year. This made me very sad and I got angry at some children. This was a blatant disregard for my feelings and resulted in harm to children. I suggest we put a letter of reprimand in her file or suspend her for 30 days."
You'd think I was nuts, right? Why? Well, she is under no obligation whatsoever to send a Christmas card to me. Now, here she is, having been pressured to do something she was under no obligation to do... and frankly, likely in breach of privacy laws as well. She said no. Good on her!
If people want a law that forces anyone to obey arbitrary instructions of police officers (hint: this might be a baaaad thing), then petition to pass one. Until then, she not only did nothing wrong, but she did the right thing. If the police need the information for an investigation, they should get a warrant. Until then, she's done the right thing. Shame on the council members who have suggested disciplinary action.
Those who advocate more authority for the police are actually advocating a "police state" as opposed to a "Free nation".
Yes, there is nothing irrational about the desire for a police state. Nor is there anything irrational about the desire to live in a Free society. This is not about rational/irrational.
Fascism starts when the efficiency of the government becomes more important than the rights of the people.
I'm all for protecting out citizens from crime, but the fact of the matter is that a unchecked government is way more of a threat to society then any one person. Even 9/11 killed only a few thousand, when corrupt governments can kill and oppress millions. Libraries are especially protected, because they exist for free information. If a person is worried about the government looking at what they read, they will be influenced in their choices, and therefore the information is no longer free. This limits the freedom of speech, and that is the first step to a totalitarian government. We believe in freedom over safety because while it is easy for us to sacrifice rights for safety, history has shown that blood must often be shed to gain them back.
I give bread to the poor, they call me a saint.
I ask why the poor have no bread, they call me a communist.
So does anyone know where to send e-mail (perhaps the state bar association) pointing out that Ms. Horn, a lawyer, is critizing the fact that the law was followed and perhaps Ms. Horn needs a refresher on the basics?
It is not the job of the police to prevent crime. That is no-one's job because as soon as you start entolling the importance of preventing crime (and we have, terrorism == crime) you are creating a power against freedom that is uncheckable. Everyone has the right to commit crime. No society can be free without that right. If you are caught committing crime you will be judged and you will lose your freedom - all your freedom - but that is after the fact; it doesn't deminish your freedom. All freedom has consequences. I have the right to free speech. I can say whatever I like to whoever I like - no-one will try to stop me, and if they do I am free to ignore them - but that does not mean that my speech will not have consequences. If I tell my boss he is an idiot he might fire me, or give me really shit work to do, or (more likely) steam off in a hissy fit and make me feel bad. If I tell people to go out and kill others I may be arrested and lose my freedom.
The police are not the Access Control Lists of society. They're not there to prevent you from doing things. They're there to aid in repremanding or removing you from society if you fail to abide by its laws. The fact that this results in some sense of the word "protection" is just an unfortunate coincidence. I say unfortunate because people have come to believe that this is what the police are for; to ensure no harm ever comes to them. The result is this learned helplessness that has led us down this garden path of voting people into power who promise to "smoke out the terrorists". They're openingly promising to pass laws that deminish our freedom and people are eating it up. It sickens me.
How we know is more important than what we know.
This sgtory has been spun in such a way as to ignore the central issue. She was protecting her library patrons rights and helping the police. What kind of case would they have if they didn't follow procedure? The creep might have gotten off scott-free. The police and the library might have been sued. So she added a few extra hours to the investigation. She should get a fucking medal, for doing her job, and also for doing the police's job.
The conspiracy nut in me wants to think this is all calculated to make people forget that police actually need a subpeona.
- None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton