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Photographing Police: Deletion Is Not Forever

Geoffrey.landis writes "The courts have now ruled that the public has the right to videotape the police in the performance of their duties. Of course, that doesn't stop the police from harassing people who do so — even journalists, who sometimes have their cameras confiscated. As it turns out, though, they're not always very knowledgeable about how deletion works. I would say that erasing, or attempting to erase, a video of police arresting somebody illegally (How can a journalist be charged with 'resisting arrest' when he was not being arrested for anything other than resisting arrest?) is a clear case of destruction of evidence by the officers. Destroying evidence is obstruction of justice. That's illegal. Why haven't these police officers been arrested?"

482 comments

  1. Privelege by scarboni888 · · Score: 5, Insightful

    If you can't be above the law then why be a cop?

    1. Re:Privelege by courteaudotbiz · · Score: 4, Insightful

      Why haven't these police officers been arrested?

      Arrested by who? Their peers who do not want to be videotaped either?

    2. Re:Privelege by CSMoran · · Score: 5, Funny

      Why haven't these police officers been arrested?

      Arrested by who? Their peers who do not want to be videotaped either?

      By metacops, naturally.

      --
      Every end has half a stick.
    3. Re:Privelege by Mashiki · · Score: 2, Insightful

      If you can't be above the law then why be a cop?

      Cops aren't above the law. Bad cops think they're above the law. In the same way bad judges think that ruling on law allows them to create new law.

      The role of the police is to be the enforcer of the law. The problem is, you have idiototards at police colleges now teaching that you're an enforcement arm of yourself, not to solve problems but to be judgmental of the law itself. Screw discretion...and to hell with case law.

      It only gets worse when you get the left-leaners with their carefully crafted policies that ensure that you can have no discretion at all, and if you violate it. It becomes a "PSA"(services act) issue. Common sense? Not allowed, the policy says fuck and you in that order. You use it, it's job loss+jail time sucker.

      --
      Om, nomnomnom...
    4. Re:Privelege by Anonymous Coward · · Score: 5, Informative

      Why not fully comply with a Cop, format the card, take it home and run Photorec? ( http://www.cgsecurity.org/wiki/PhotoRecPhotorec)
      Undeleting isn't a crime :)

    5. Re:Privelege by TheCRAIGGERS · · Score: 5, Funny

      Why haven't these police officers been arrested?

      Arrested by who? Their peers who do not want to be videotaped either?

      By metacops, naturally.

      But who metas the metacops?

    6. Re:Privelege by toadlife · · Score: 0

      Hilarious.

      You criticize judges for "creating new laws" in one sentence and then proceed to defend case law a couple of sentences later.

      --
      I don't always use unix-like operating systems; but when I do, I prefer FreeBSD.
    7. Re:Privelege by DnaK · · Score: 4, Interesting

      It is scary how true your statement is. The one time the cops were on my side during a home robbery at my place, i got a ride home from a cop after getting my stuff at the station (we got the guy!) Well as we drive home he blows every stopsign and stoplight without turning on his lights, and i ask him "Is'nt that illegal?" In a very sarcastic tone. His reply, "Who is going to arrest me" And those are direct quotes. Another time i was pulled over for "driving on the median" and in the report it had said i was in the middle median (double yellow both sides) for over 300 ft. When in reality i had only had 2 wheels cross the double yellow line for less then 50 ft. I please not guilty in court, and asked for video evidence and claimed this was a lie. The judge ruled in cops favor, even though he was blatenly lying. I will admit i don't always follow the rules, the only other time i got a ticket it was totally justified, i was going 52 in a 35. I please guilty, but it was removed from record because of traffic school.

    8. Re:Privelege by Rasperin · · Score: 3, Insightful

      Why haven't these police officers been arrested?

      Arrested by who? Their peers who do not want to be videotaped either?

      Internal Affairs...

      --
      WTF Slashdot, why do I have to login 50 times to post?
    9. Re:Privelege by Anonymous Coward · · Score: 0

      Why haven't these police officers been arrested?

      Arrested by who? Their peers who do not want to be videotaped either?

      By metacops, naturally.

      But who metas the metacops?

      The coastguard?

    10. Re:Privelege by Anonymous Coward · · Score: 0

      Why haven't these police officers been arrested?

      Arrested by who? Their peers who do not want to be videotaped either?

      By metacops, naturally.

      But who metas the metacops?

      The Enforcers

    11. Re:Privelege by Mashiki · · Score: 1

      Case law isn't creating new laws. At least not in my country. They're the interpretation of the existing law, and how the judgement is to be applied in successive rulings. Perhaps that's a failing of the US judicial system? Sure seems like it.

      --
      Om, nomnomnom...
    12. Re:Privelege by Anne+Thwacks · · Score: 2

      News International, apparently!

      --
      Sent from my ASR33 using ASCII
    13. Re:Privelege by networkBoy · · Score: 2

      My wife was stopped for blowing a stop sign.
      Funny thing is that the cop had their priority lights on prior to her pulling up to the limit line, and she stopped and tried to see what was going on before continuing. Hmmmm...
      I think is is more common with City PDs than HP or Sherrifs though.
      They need to raise capitol for the city.

      --
      whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
    14. Re:Privelege by g0bshiTe · · Score: 1

      Because politicians are under too much scrutiny.

      --
      I am Bennett Haselton! I am Bennett Haselton!
    15. Re:Privelege by dacullen · · Score: 3, Interesting

      Or when you have right leaners who empower bad cops by crafting laws that circumvent constitutional freedoms in the name of security

    16. Re:Privelege by Anonymous Coward · · Score: 1

      That's basically what I came here to post.

      Why haven't these police officers been arrested?

      Like... is this a rhetorical question? I can't tell if the writer of this is being sarcastic or stupid.

      Because the law doesn't apply to them. Duh.

    17. Re:Privelege by GodInHell · · Score: 2

      Shhhh... don't interrupt their fact-free ranting.

      -GIH

    18. Re:Privelege by icebike · · Score: 4, Insightful

      Why not install the latest version of dropbox and have the picture automatically uploaded as soon as its taken.

      That way its propagated to all the computers you have which are idling with Dropbox running in the background.
      There are other services that do this as well.

      --
      Sig Battery depleted. Reverting to safe mode.
    19. Re:Privelege by Anonymous Coward · · Score: 0

      I've had the opposite experience, the local PD is awesome(although I've heard bad things from other people), the HP/ST are ambivalent, and the Sherriffs are downright hostile. Worst of the lot though are Campus PD for *ANY* local college. They make the sherriffs look like model citizens in comparison.

    20. Re:Privelege by INeededALogin · · Score: 4, Informative

      Why not fully comply with a Cop

      Your solution is to accept an invasion of your rights from a person in power because you can do some extra work to re-gain what was lost?

    21. Re:Privelege by INeededALogin · · Score: 5, Funny

      My wife was stopped for blowing a stop sign.

      I would stop her to. That is a weird fetish.

    22. Re:Privelege by CanHasDIY · · Score: 5, Insightful

      Why haven't these police officers been arrested?

      Arrested by who? Their peers who do not want to be videotaped either?

      Internal Affairs...

      Thank goodness Internal Affairs is a completely independent and unbiased organization then, eh comrade?

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    23. Re:Privelege by JamesRing · · Score: 1

      I dunno.. the Coast Guard?

    24. Re:Privelege by NatasRevol · · Score: 4, Insightful
      --
      There are two types of people in the world: Those who crave closure
    25. Re:Privelege by Anonymous Coward · · Score: 0

      Why haven't these police officers been arrested?

      Arrested by who? Their peers who do not want to be videotaped either?

      By metacops, naturally.

      But who metas the metacops?

      The Enforcers, Call 1-800-THECOPS (all major credit cards acepted)

    26. Re:Privelege by NeutronCowboy · · Score: 2

      The Google camera app allows you to automatically upload all pictures you take. They don't get posted, but they're in your G+ account. Good luck, copper.

      --
      Those who can, do. Those who can't, sue.
    27. Re:Privelege by rvw · · Score: 5, Funny

      Why haven't these police officers been arrested?

      Arrested by who? Their peers who do not want to be videotaped either?

      By metacops, naturally.

      But who metas the metacops?

      Robocop metas the metacops of course. He obeys the directives of the robots.txt, by following the metatags.

    28. Re:Privelege by JStyle · · Score: 5, Funny

      Why haven't these police officers been arrested?

      Arrested by who? Their peers who do not want to be videotaped either?

      By metacops, naturally.

      But who metas the metacops?

      It's metacops, all the way down.

    29. Re:Privelege by Anonymous Coward · · Score: 0

      You know I was right there with you when Bush started doing warantless wiretapping and the patriot act etc, but when Obama is just as bad as his predecessor I don't think you can blame just the right anymore.

    30. Re:Privelege by AragornSonOfArathorn · · Score: 3, Funny

      Why haven't these police officers been arrested?

      Arrested by who? Their peers who do not want to be videotaped either?

      By metacops, naturally.

      But who metas the metacops?

      The Obsidian Order.

      --
      sudo eat my shorts
    31. Re:Privelege by SuperTechnoNerd · · Score: 5, Interesting

      I had a similar experience. The Chief of Police comes in to our computer shop in a panic. Their file server was down. I said I will follow you to the station, but he said he got a faster way - get in my car. I got my stuff since it sounded like a power supply issue, I brought a new supply.and into his police cruiser we went at 80+ mph down winding country roads (he did actually use his lights and siren - for a server failure) I must admit it was loads of fun.. I replaced a bum power supply and again he took me back to the shop sirens screaming lights flashing.. It was a toot!

    32. Re:Privelege by Rasperin · · Score: 0, Troll

      Thank goodness I don't say random things without proof or evidence! Eh comrade?

      --
      WTF Slashdot, why do I have to login 50 times to post?
    33. Re:Privelege by skrimp · · Score: 1

      Citizen.

    34. Re:Privelege by lexsird · · Score: 5, Funny

      The Department of Redundancy Depart is filing a injunction against this thread, they are also talking to a judge about it as well.

      I meta cop once, he gave me a ticket.

      --
      Take the Red Pill.
    35. Re:Privelege by Anonymous Coward · · Score: 0

      Woah. That is so meta.

    36. Re:Privelege by toadlife · · Score: 1

      That's just how common law legal systems work. It's not unique to the U.S.

      http://en.wikipedia.org/wiki/Common_law

      --
      I don't always use unix-like operating systems; but when I do, I prefer FreeBSD.
    37. Re:Privelege by Dragonslicer · · Score: 4, Interesting

      You know I was right there with you when Bush started doing warantless wiretapping and the patriot act etc, but when Obama is just as bad as his predecessor I don't think you can blame just the right anymore.

      Who said Obama was on "the left"? Other than the really far right, of course.

    38. Re:Privelege by lexsird · · Score: 2

      Did they pry that letter from the rectum of the teacher after it was jammed there by an angry parent?

      Inquiring minds want to know more.

      --
      Take the Red Pill.
    39. Re:Privelege by lexsird · · Score: 1

      Pics or it didn't happen.

      --
      Take the Red Pill.
    40. Re:Privelege by Anonymous Coward · · Score: 0

      Probably because I don't think in a thousand years a cop wanting to eliminate your pictures will accept your having formatted the card as enough, and will simply take and/or destroy the card then and there.

      What needs to be created is a very very quick change SD card camera. Such as it holds two SD cards, possibly occuping sorta the same slot but facing eachother so the pins from both can be accessed. The camera is capable of working with only one card, but if there's two, it saves the pictures to both simultaneously. The cards are very easy to access... none of those little hatches you have to open, and 'click' the cards in to eject them. They're just visible, and the outer one can be slipped out with a swift thumb movement.

      That way, you can snap some pics, quickly palm the 'outer' SD card (it would be best if a spring-based little plastic cover to make it look like the camera can ONLY hold one card... the second one of which needs to be clicked in to remove like any other camera), and then the cop can do whatever with the remaining card. Sure, you lose the card and probably the camera, but if you're taking pictures of cops, that's pretty much a guarantee anyway. But if you successfully hide the second SD card, the evidence is still alive.

    41. Re:Privelege by Anonymous Coward · · Score: 0

      You went to court for a traffic ticket with nothing better than your word against his? Apparently, you didn't bother to educate yourself about how these cases are handled, nor what you need in order to win them. Your ignorance is what screwed you over, not "the system."

      I have no sympathy for people like you.

    42. Re:Privelege by NatasRevol · · Score: 1

      Dunno, but I'm going to show this to my kid and tell him "Be this kid."

      --
      There are two types of people in the world: Those who crave closure
    43. Re:Privelege by Anonymous Coward · · Score: 0

      I too have had the privilege of riding in the rear of a police car. They did a steady 90mph in the 55 between one city and the next.

      I have NEVER seen a police officer use their blinker.

    44. Re:Privelege by element-o.p. · · Score: 1

      If you think only the right-leaners have done that, then I humbly submit that you haven't been paying attention. Bush and his cronies may have kicked off the recent trend in sacrificing freedom for security*, but Obama and his cronies haven't done anything to reverse the process -- or even to slow it down -- and since we are about 8 months away from the next presidential election, it's not like he hasn't had time. I have no idea how the situation in the U.S. compares to overseas, so my apologies if you are talking about the U.K., Canada or Australia, etc.

      *Yes, I know there were examples of our leadership trying to do likewise long before Bush. The pace just seems to have accelerated beyond what I ever imagined since 9/11.

      --
      MCSE? No, sir...I don't do Windows. Yes, I am an idealist. What's your point?
    45. Re:Privelege by Stele · · Score: 1

      A meta cop once bit my sister...

    46. Re:Privelege by Thing+1 · · Score: 1

      Pics or it didn't happen.

      Well written, sir! Your request is quite on-topic. Fortunately, the journalist recovered (some of) the video evidence, so the event in question definitely did happen.

      --
      I feel fantastic, and I'm still alive.
    47. Re:Privelege by Anonymous Coward · · Score: 0

      If that's the problem, call the FBI. If the FBI is in on it, riase holy Hell everywhere in the media. Of course you have the option of doing that before even calling the FBI...

    48. Re:Privelege by DnaK · · Score: 2

      At least i can speak how i feel even if it means getting criticism for what i have said. As opposed to you, who posts as an AC. You are right, i was in "the wrong" for that case, but the POINT i'm trying to make, is he LIED. Guilty or innocent, he LIED. And as far as i'm concerned a cop that LIES to the judge is far WORSE then me riding the median. You are right, i was guilty, but LYING to a judge, no matter how small, is FAR worse then what i did.

    49. Re:Privelege by Anonymous Coward · · Score: 0

      I have NEVER seen a police officer use their blinker.

      I have.

      anecdote + counter-anecdote = earth-shattering kaboom

    50. Re:Privelege by Anonymous Coward · · Score: 0

      Fortunately, the journalist recovered (some of) the video evidence

      Check out the update on his blog. He has now recovered all of the video.

    51. Re:Privelege by Anonymous Coward · · Score: 0

      They're the interpretation of the existing law, and how the judgement is to be applied in successive rulings.

      How exactly is "throwing out the letter of a particular law and going with what a previous judge said about that law" not, for all intents and purposes, the same thing as "creating new laws"?

    52. Re:Privelege by bennomatic · · Score: 3, Funny

      I'm here from the Grammar Police. That should have been "Arrested by whom?"

      --
      The CB App. What's your 20?
    53. Re:Privelege by bennomatic · · Score: 1

      This was my first thought, though I was specifically thinking that all of my iPhone photos get synched up to iCloud within seconds, and there's not a damn thing our friends in blue can do about it. Unless, of course, they take precautions to jam wifi and cellular signals, but that would never happen in America, would it? Would it?

      --
      The CB App. What's your 20?
    54. Re:Privelege by StikyPad · · Score: 3, Insightful

      When you read the letter in its entirety, it doesn't really pass the smell test. If I had to guess, I'd say it was written by someone trying to make schools look bad to promote their homeschooling agenda, but it could just be a prank as well. Either of those are more plausible than a teacher emphasizing a student correcting a legitimate mistake over his ostensibly disruptive methods of doing so. The way to write that letter, if it really happened, would be to emphasize the disruptive behavior and probably not even mention the details of the mistake the teacher made. The "accept my teachings without resistance" bit is particularly suspect.

    55. Re:Privelege by BlueStrat · · Score: 3, Interesting

      Why haven't these police officers been arrested?

      Arrested by who? Their peers who do not want to be videotaped either?

      By metacops, naturally.

      But who metas the metacops?

      Citizens who start organizing multiple-person, coordinated, long range sniper rifle and IED attacks on complicit judges and top police/security officials, torching of police stations and infrastructure like police/SWAT armories, motor-pools, helicopters/helipads, aircraft and police vehicle refueling equipment & facilities, etc, as well as taking out individual off-duty cops and their families at home. They refuse to police themselves, so we are therefor forced to do it for them.

      It used to be the case that if I were to see a cop in trouble (being beaten, shot, stabbed, etc), I'd do whatever I could to help. These days, I'll turn my back and walk away. They are no longer "protectors", they are now simply "enforcers", and I have no sympathy at all for the ill-fate of enforcers.

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
    56. Re:Privelege by Sycraft-fu · · Score: 4, Interesting

      Maybe instead you should use it to teach some critical thinking/don't believe everything on the net. However since you've apparently accepted it as Complete Fact(tm) that may be asking too much.

      What evidence do you have that this is a real note? A picture of something printed out is not evidence of anything other than that somebody wanted to make a picture. There is no evidence this is real.

      In fact, there is some evidence to the contrary. So it is dated 1994, yet the document uses smart quotes. I certainly don't recall my system in 1994 having that feature. I'd have to do more research (which I'm not going to do because I don't care) but I suspect such a feature was not in use then, which implies a forgery. There's other things too such as the "crease marks" in the paper that don't show visual distortion, as they normally would if they actually existed in 3 dimensions and weren't added in post and the askew angle, which would be more consistent with a camera photo rather than a scan but digital cameras were very rare back then.

      There's also some circumstantial things such as date happening to be Hitler's birthday and the teacher's initials being A.H. Could simply be a coincidence, of course, but does get one's antenna twitching.

      So perhaps a little more critical thinking, and maybe try and use it as a lesson that just believing anything on the net that happens to reenforce your preconceived notions is not such a good thing.

      Also, it is a bit silly to claim that it is "being taught in schools" if your best example is for near 2 decades ago. If it is "being taught in schools" then a more recent example should be easy to find.

    57. Re:Privelege by Anonymous Coward · · Score: 0

      Why not fully comply with a Cop

      Your solution is to accept an invasion of your rights from a person in power because you can do some extra work to re-gain what was lost?

      As a bonus, they don't beat the shit out of you or throw you in jail.

    58. Re:Privelege by Anonymous Coward · · Score: 0

      Also videos. You have to specifically enable it (I believe it asks the first time you use the G+ app), and then there's a specific option to enable so it does it over a Mobile network instead of just Wifi. But yes, the feature is there and it works marvellously

    59. Re:Privelege by NatasRevol · · Score: 3, Funny

      Whether it's a fake or not, the point is to use critical thinking. So a whoosh is in order for you.

      --
      There are two types of people in the world: Those who crave closure
    60. Re:Privelege by bobcat7677 · · Score: 1

      So meta cops are moose?

    61. Re:Privelege by profplump · · Score: 1

      "Smart Quotes" is a feature of MS Word that automatically translates straight quotes to directional quotes. But the actual directional quote characters are not new; they aren't part of ASCII (mostly because typewriter designers wanted to save a key) but they're available in windows-1252 if you're willing to press the right keys to show them, and windows-1252 was most definitely available in 1994.

    62. Re:Privelege by CanHasDIY · · Score: 1

      Thank goodness I don't say random things without proof or evidence! Eh comrade?

      Beg pardon, but what proof or evidence have you provided which would indicate that the Office of Internal Affairs (a group of fellow police officers, or "peers" as stated by parent) actually arrests other police officers for violating rights?

      Seems to me, as I am admittedly not clairvoyant, that saying "random things without proof or evidence" is precisely what you've done.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    63. Re:Privelege by number11 · · Score: 2

      Cops aren't above the law. Bad cops think they're above the law.

      And, for the most part, "good" cops look the other way. The "don't be a squealer" ethic is far stronger with cops than it is with crooks.

      But it's probably moot. The prosecutors don't want to get involved either. They work with the cops, it would be professional and electoral suicide, and always the risk that it might become real, physical, suicide. And a jury probably wouldn't convict, anyhow.

    64. Re:Privelege by Hatta · · Score: 2

      It doesn't have to be real to be a good example. See also, Jesus.

      --
      Give me Classic Slashdot or give me death!
    65. Re:Privelege by Anonymous Coward · · Score: 1

      Depending on how reliant they were on their file server, the lights and siren might have been justified...

    66. Re:Privelege by Anonymous Coward · · Score: 0

      notice the date? 4/20

    67. Re:Privelege by Qzukk · · Score: 4, Insightful

      Thank goodness someone's browsing through the thread with a citation to show that it has, in fact, happened, eh comrade?

      http://www.pixiq.com/article/Houston%20Police%20Threaten%20To%20Arrest%20Photographers%20To%20Protect%20Own

      Executive Assistant Chief Dirden, who is over the Internal Affairs division (“IAD”), admitted in an interview that none of the officers on the accident scene, including Capt. Manzo, had reported any information from which IAD could open an investigation.

      We know that Capt. Robert Manzo and a number of the officers on the accident scene were, in fact, aware at the time that there was alcohol in Sgt. Trejo’s truck based on pictures that were taken of the truck and accident scene.

      We also now know that Sgt. Trejo arrived at the hospital with a blood-alcohol content of .205 – nearly three times the legal limit. We know that Sgt. Trejo was only minutes from climbing behind the wheel of an HPD vehicle where he was to supervise an entire shift. We know that Sgt. Trejo was not placed under arrest at the time of the accident or at the hospital. And finally, we know that Capt. Robert Manzo, the supervisor and ranking officer on the accident scene failed in his duty to report any of this to his supervisors.

      Each and every decision Capt. Manzo made on April 13th was a violation of the public trust. His efforts to cover up Trejo’s crimes began as soon as he arrived at the accident scene. He used his rank and position to direct the actions of the officers under his command to assist with this cover up insuring the omission of particular information in their reports and eventually falsifying his own report.

      Sorry, but the pictures of Cap'n Manzo's men covering up beer bottles and telling everyone for two weeks that the cop's breath was minty fresh and he was clean as a whistle just aren't serious enough to get IA's attention. Can't open an investigation on Cap'n Manzo's coverup, unless Cap'n Manzo says so.

      Bonus points: because of Cap'n Manzo's coverup, the guy was not immediately arrested. Because he was not immediately arrested, the hospital's .205 reading isn't admissible evidence, so the cop can't be charged with DWI. It's not clear whether the poor lady driving the bus had her ticket (which probably got her fired) expunged, or if the cops even bothered to pull her back out after she was "thrown under the bus" by Cap'n Manzo's men as part of the coverup.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    68. Re:Privelege by tompaulco · · Score: 1

      Police regularly break other laws in the pursuit of their duty. Speeding, blowing stop signs, drawing weapons on people, wrestling people to the ground, etc. Why would destruction of evidence be any different?

      --
      If you are not allowed to question your government then the government has answered your question.
    69. Re:Privelege by Terrasque · · Score: 1

      Reminds me of a part from Terry Pratchett's "The Dark Side of The Sun"

      Behind Korodore the darkness of the big security room glowed here and there as the other security officers watched. Only Korodore knew that under the horticultural dome by the north lawn was another, smaller security room checking on this one. And occasionally he switched to his own private circuit and watched the officers there. And, hidden by him in a place the exact location of which he had scrubbed from his mind, was a small biocomputer. He had programmed it carefully. It watched him.

      --
      It's The Golden Rule: "He who has the gold makes the rules."
    70. Re:Privelege by Teancum · · Score: 1

      Beg pardon, but what proof or evidence have you provided which would indicate that the Office of Internal Affairs (a group of fellow police officers, or "peers" as stated by parent) actually arrests other police officers for violating rights?

      Two thing:

      First, officers (or anybody else) don't get arrested for violating rights, but instead for violating laws. If your "rights" are violated you can sue to have those rights restored or for damages, which usually is enough to convince police departments to think twice about letting their officers do stupid things.

      Second, police officers are arrested for violating laws, sometimes quite serious laws that have been broken. One officer near where I live has just been prosecuted for rape and sexual molestation for pulling over people and when a good-looking woman has been pulled over he would require certain sexual favors. Other officers are routinely arrested for violating the law, and "internal affairs" sections do perform their duties. It isn't pretty, and cleaning up a corrupt police department isn't easy, but just because you are a law enforcement officer doesn't exempt you from following the law. Google search for arrested law enforcement officers if you don't believe me.... it is too numerous for me to even bother citing specific instances.

      This isn't to say that sometimes the "blue wall" exists where a fellow officer will sometimes give a pass on something that us ordinary folk won't be forgiven for, but you don't need to be so cynical to say that they all get away with anything. As a matter of public policy it is important to insist upon professional behavior from law enforcement officers... which usually takes care of these problems through internal reviews. Professional behavior also includes ratting on fellow officers, rather than being a gang of thugs that just happens to be in the employ of the government.

    71. Re:Privelege by CanHasDIY · · Score: 1

      officers (or anybody else) don't get arrested for violating rights, but instead for violating laws.

      Are you saying that violating the civil rights of another citizen is not against the law?

      Second, police officers are arrested for violating laws, sometimes quite serious laws that have been broken.

      Never meant to imply they didn't, was merely refuting parent's contention that I was alone in hyperbolic rhetoric.

      This isn't to say that sometimes the "blue wall" exists where a fellow officer will sometimes give a pass on something that us ordinary folk won't be forgiven for, but you don't need to be so cynical to say that they all get away with anything.

      Again, I never said they "all get away with anything." Of course, a lot of crooked cops get away with a lot of crime, but I've met enough good cops (say, 1 out of every 50) to know the aren't all crooked... just most of the one's I've encountered. YMMV.

      As a matter of public policy it is important to insist upon professional behavior from law enforcement officers... which usually takes care of these problems through internal reviews. Professional behavior also includes ratting on fellow officers, rather than being a gang of thugs that just happens to be in the employ of the government.

      This is where I disagree; from an outsider standpoint, it appears that Internal Affairs is less focused on ensuring justice is properly meted, and more about protecting that "blue wall" and those who stand behind it.

      Another way to look at it, how many non-LEOs do you know who have wrongly ended the life of another human, and been given 2 weeks paid vacation as punishment?

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    72. Re:Privelege by dedmorris · · Score: 1

      A meta-cop bit my moose

    73. Re:Privelege by Anonymous Coward · · Score: 1

      this is the second story i read where this fake of a picture has been posted. please stop.

    74. Re:Privelege by silmarilwest · · Score: 1

      I asked a cop once. It means "Up yours, kid"

    75. Re:Privelege by Teancum · · Score: 4, Interesting

      Orson Wells was famous for using Ambulances as a taxi service, because he could get around mid-town Manhattan much faster with an Ambulance than with a conventional taxi service.

      Such acts are currently illegal in most jurisdictions because of abuse like this in the past, where the only time you can turn on the sirens and/or lights is to respond to a bona fide emergency. None the less, a server crash might fit the technical scope of an "emergency" when it does involve official police business.

    76. Re:Privelege by Teancum · · Score: 1

      If the lie was something that materially impacted the cast, it become perjury... something that a police officer really doesn't want to deal with. Being convicted of perjury essentially ends that career as an officer as well, as every time that officer is called to testify in any future case the perjury charge can be brought up to discredit his testimony in the future.

      The trick in this situation is to both prove that the lie materially impacted the result of your case (hard to prove) and to provide convincing evidence that the officer gave false testimony. Making stuff up out of his behind is not the same as a lie which will materially impact your case.

      BTW, I have seen officers get caught red-handed with perjury. It isn't pretty what judges do to them afterward either.

    77. Re:Privelege by cstacy · · Score: 1

      Why haven't these police officers been arrested?

      Arrested by who? Their peers who do not want to be videotaped either?

      By metacops, naturally.

      But who metas the metacops?

      Citizens who start organizing multiple-person, coordinated, long range sniper rifle and IED attacks on complicit judges and top police/security officials, torching of police stations and infrastructure like police/SWAT armories, motor-pools, helicopters/helipads, aircraft and police vehicle refueling equipment & facilities, etc, as well as taking out individual off-duty cops and their families at home. They refuse to police themselves, so we are therefor forced to do it for them.

      It used to be the case that if I were to see a cop in trouble (being beaten, shot, stabbed, etc), I'd do whatever I could to help. These days, I'll turn my back and walk away. They are no longer "protectors", they are now simply "enforcers", and I have no sympathy at all for the ill-fate of enforcers.

      Strat

      So, you used to fantasize that you're a superhero, but now you've an evil supervillian?

    78. Re:Privelege by Anonymous Coward · · Score: 0

      Or have it upload pictures instantly over wireless to a FTP server.

    79. Re:Privelege by reilwin · · Score: 1

      So meta cops are moose?

      Don't you mean meese?

    80. Re:Privelege by Rinikusu · · Score: 1

      I'm torn on that. What if Alex were a Fundie Christian and was saying the earth was only 6000 years old and "you're lying!" etc? While I applaud him for standing up for his convictions, I'd probably just wish he'd shut the fuck up so we can go on with the lesson.

      --
      If you were me, you'd be good lookin'. - six string samurai
    81. Re:Privelege by tobiah · · Score: 1

      Right now prosecutors make the decision to prosecute. Internal reviews are useless. Pass a law making it mandatory to criminally prosecute serious accusations of crimes against police.

      --
      "The ability to delude yourself may be an important survival tool" - Jane Wagner -
    82. Re:Privelege by Teancum · · Score: 1

      officers (or anybody else) don't get arrested for violating rights, but instead for violating laws.

      Are you saying that violating the civil rights of another citizen is not against the law?

      Absolutely! Unless there is a specific law which has been passed by a legislative body to enforce civil rights and to exact penalties in the form of criminal charges, it isn't against the law. Sucks, doesn't it? If you think there ought to be penalties for violating civil rights, contact your elected representatives and get them to put such penalties into law. You might be able to file civil charges against a government agency who violates your civil rights, but then again there is sovereign immunity that can get in the way of even trying that approach (aka the government won't "permit" you to sue them). At best your only recourse is the ballot box or worse yet the ammo box. I wouldn't try the ammo box unless you were convinced you had support of your fellow citizens and you've tried other approaches first.

      Second, police officers are arrested for violating laws, sometimes quite serious laws that have been broken.

      Never meant to imply they didn't, was merely refuting parent's contention that I was alone in hyperbolic rhetoric.

      It sure seemed like you implied that it never happened. I'll accept your refutation though that officers are arrested from time to time for breaking the law.

      This isn't to say that sometimes the "blue wall" exists where a fellow officer will sometimes give a pass on something that us ordinary folk won't be forgiven for, but you don't need to be so cynical to say that they all get away with anything.

      Again, I never said they "all get away with anything." Of course, a lot of crooked cops get away with a lot of crime, but I've met enough good cops (say, 1 out of every 50) to know the aren't all crooked... just most of the one's I've encountered.

      You must have a whole lot of bad luck. "A lot of cops" could mean a dozen in a city near you, but such a non-scientific sampling is meaningless. There have been some municipalities noted for their corruption, including mayorial campaigns dedicated to cleaning up police departments along with some chiefs of police who have fired over half of their department's police force because of such corruption, so I'm sure you can point to some localities where it is a huge problem. I also happen to have a judge as an uncle and personally know through independent social means several police and law enforcement officers (a couple are neighbors literally in the next house next to mine). Otherwise decent people who raise families and go through other problems of everyday life. I don't think corruption is nearly as rampant as you are suggesting. It does depend on where you live though.

      As a matter of public policy it is important to insist upon professional behavior from law enforcement officers... which usually takes care of these problems through internal reviews. Professional behavior also includes ratting on fellow officers, rather than being a gang of thugs that just happens to be in the employ of the government.

      This is where I disagree; from an outsider standpoint, it appears that Internal Affairs is less focused on ensuring justice is properly meted, and more about protecting that "blue wall" and those who stand behind it.

      Another way to look at it, how many non-LEOs do you know who have wrongly ended the life of another human, and been given 2 weeks paid vacation as punishment?

      As a matter of fact there is somebody who lives in a nearby town that shot and killed a would-be burglar in a home-invasion robbery where they are going to be given essentially 2 weeks paid vacation (or a rough equivalent). They are not a law-enforcement officer either. I might

    83. Re:Privelege by BlueStrat · · Score: 1

      So, you used to fantasize that you're a superhero, but now you've an evil supervillian?

      You're more than welcome to be a sheep and bend over if you like. Just keep your "baaa-ing" to yourself. You only annoy real people that way.

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
    84. Re:Privelege by Ihmhi · · Score: 1

      Alright guys, grab your guns and torches! I FOUND ONE!

    85. Re:Privelege by Ihmhi · · Score: 1

      The cops will be honest again as soon as we wholly and completely separate policing and revenue generation for the local government.

      Watch The War On Drugs: The Prison-Industrial Complex. You learn a lot about how broken the system is.

    86. Re:Privelege by The+Wild+Norseman · · Score: 1

      Absolutely! Unless there is a specific law which has been passed by a legislative body to enforce civil rights and to exact penalties in the form of criminal charges, it isn't against the law. Sucks, doesn't it? If you think there ought to be penalties for violating civil rights, contact your elected representatives and get them to put such penalties into law. You might be able to file civil charges against a government agency who violates your civil rights, but then again there is sovereign immunity that can get in the way of even trying that approach (aka the government won't "permit" you to sue them). At best your only recourse is the ballot box or worse yet the ammo box. I wouldn't try the ammo box unless you were convinced you had support of your fellow citizens and you've tried other approaches first.

      I'll take "what is 42 USC 1983?" for three thousand, Alex!

      --
      "A government is a body of people usually -- notably -- ungoverned." -Shepherd Book
    87. Re:Privelege by Grishnakh · · Score: 1

      I'm not saying they wouldn't want to do that in America, but there's technical problems with that: these days, everyone and their dog has a cellphone, even the cops. They're probably not going to jam cell signals blatantly, until something happens. When something happens, the cops probably aren't going to be carrying portable jammers on their belts, so anyone taking photos that are immediately uploaded to iCloud or wherever is going to succeed, at least until the cops can go back to their cars and switch on the jammers.

      Now, if the cops are planning to do something bad ahead of time (like shutting down the Occupy movements), they could very well deploy jammers before they start committing actions that people will want to record. But for unexpected actions (like when they murdered that guy in the BART subway), they won't have the jammers on in time.

    88. Re:Privelege by ganjadude · · Score: 1

      to be fair, I personally find both bush and obama to be to the left of me as a libertarian

      --
      have you seen my sig? there are many others like it but none that are the same
    89. Re:Privelege by Anonymous Coward · · Score: 0

      > When in reality i had only had 2 wheels cross the double yellow line for less then 50 ft.

      at 35mph that means crossing the double yellow for 1 second

    90. Re:Privelege by Malibee · · Score: 1

      If this is real, definitely teacher fail ("without resistance", ouch). However, it is quite appropriate for schools to require a measure of respect for teachers and other students, and require students to voice their dissent respectfully, so I say student fail on this one as well. If the kid had pointed relevant unit conversions in the textbook instead of accusing the teacher of lying, this letter might not exist.

    91. Re:Privelege by 0111+1110 · · Score: 1

      Cops are occasionally charged with crimes but it's the rare exception and not the rule. All of the attorneys I've asked about it also strongly agree. Talk to a defense attorney some time and ask him about what he's seen cops get away with. Apparently district attorneys, as a rule, will simply not charge a cop with a crime in the first place.

      In my case I was physically attacked by a cop and beaten pretty badly. In fact he seemed to be intent on actually killing me via strangulation. In order to make it look like he had a valid reason for all this he charged me with a whole list of crimes including assault and battery with a deadly weapon, although I had no weapon of any kind. And while I was lying on the ground in severe pain I heard the lunatic cop quickly make an agreement with the other cop about getting their stories straight (the one who I think saved my life actually by pulling the other cop off of me). The other cop agreed to the bullshit story without even the slightest hesitation. And they did this right in front of me. These guys have no fear of the law.

      There were at least 10-15 other cops right nearby and all of them are backing up the out of control violent cop's story. The blue wall is quite real. Annoy or disrespect a cop in any way and you will find out for yourself.

      Of course I want to sue the guy, but without a video of him beating me and without a single civilian witness I think it's pretty hopeless. I also have to go to trial and be found not guilty of all the contempt of cop charges before I can even think about suing.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    92. Re:Privelege by RubberChainsaw · · Score: 1

      But the return trip to drop him back off certainly wasn't an emergency..

      --
      I welcome our new 99% overlords.
    93. Re:Privelege by Merls+the+Sneaky · · Score: 1

      Replying to undo incorrect mod.

    94. Re:Privelege by Another,+completely · · Score: 1

      Police speeding to get to an emergency are not breaking a law. There are legal conditions under which the speed limits are suspended. There are also legal conditions under which evidence can be destroyed, like illegal drugs are destroyed after the trial and period for appeal are over (or whatever the specific conditions are). Destroying evidence on your own initiative is not allowed. That's why it's different.

    95. Re:Privelege by Plunky · · Score: 1

      Reminds me of Report on Probability A by Brian Aldiss, one of my all time favourites..

    96. Re:Privelege by Anonymous Coward · · Score: 0

      Without evidence to the contrary, a judge will always side with the police officer. The reason for that is the officer, who has nothing to win or lose, is considered unbiased in his testimony. You, otoh, are considered biased because you stand to lose money.

    97. Re:Privelege by Scragglykat · · Score: 1

      Who cops the cops... or watches the watchmen, or how does that go?

    98. Re:Privelege by Sycraft-fu · · Score: 1

      You were the one who claimed "Well, it is being taught in schools." Sounds to me like the point was that you thought such things were being taught in schools. You were using it to try and inflame people. I'm pointing out that it is probably not and thus pointing to it for critical thinking while exhibiting a lack of critical thinking about it is rather silly.

    99. Re:Privelege by savanik · · Score: 1

      I'll take "what is 42 USC 1983?" for three thousand, Alex!

      Yeah, uhm... that pretty much explicitly says, "CIVIL actions for depredation of rights." (Emphasis mine.) It's not a criminal offense, it's a civil offense. Just because it's in the USC doesn't mean it's automatically criminal law.

    100. Re:Privelege by Anonymous Coward · · Score: 0

      Plus, and I can't be too sure, but I don't think that pencil at the bottom is real.

    101. Re:Privelege by Anonymous Coward · · Score: 0

      *Hofstadter pokes his head out*
      Hey guys! did someone mention meta?

    102. Re:Privelege by Anonymous Coward · · Score: 0

      to be fair my brother was thrown out of a computing class in the UK for challenging the statement 'an IP address is a collection of 8-bit numbers, such as 192.256.512.768' (I forget the exact numbers given, but it was along those lines and wrong for the same reasons). I know for a fact he was telling the truth because as 'the one who knows this stuff' he showed me the textbook and asked me if he was right or not.

      These things do actually happen

    103. Re:Privelege by Anonymous Coward · · Score: 0

      Actually I just remembered in addition to that last post the book was written by a 'Pat Heathcoate', 'A-level computing' (I think) and would be from around 1998/1999 if someone feels like trying to dig up a copy to prove/disprove it :)

    104. Re:Privelege by kilfarsnar · · Score: 1

      Another time i was pulled over for "driving on the median" and in the report it had said i was in the middle median (double yellow both sides) for over 300 ft. When in reality i had only had 2 wheels cross the double yellow line for less then 50 ft. I please not guilty in court, and asked for video evidence and claimed this was a lie. The judge ruled in cops favor, even though he was blatenly lying.

      In my state, statements by police are considered facts. So if the police say you were in the median for 300 ft., you were. It is up to you to disprove that. Otherwise it stands as a fact. Pretty neat, eh? What could go wrong?

      --
      "What the American public doesn't know is what makes them the American public." -Ray Zalinsky (Tommy Boy)
    105. Re:Privelege by The+Wild+Norseman · · Score: 1

      Yeah, uhm... that pretty much explicitly says, "CIVIL actions for depredation of rights." (Emphasis mine.) It's not a criminal offense, it's a civil offense. Just because it's in the USC doesn't mean it's automatically criminal law.

      Yeah, and?

      The point you seem to be missing is that once an officer's qualified immunity is pierced or nullified, they are automatically open to exactly the same criminal charges as the rest of us -- kidnapping, assault, theft, coercion... whatever the case may be.

      I quoted one federal law that helps to nullify that qualified immunity. The prosecution following up with criminal charges, however, is another story. Nonetheless, the tools are there.

      --
      "A government is a body of people usually -- notably -- ungoverned." -Shepherd Book
    106. Re:Privelege by Anonymous Coward · · Score: 0

      That is disturbing......

    107. Re:Privelege by NatasRevol · · Score: 1

      You might want to read this. A few times.

      http://en.wikipedia.org/wiki/Tongue-in-cheek

      --
      There are two types of people in the world: Those who crave closure
    108. Re:Privelege by Anonymous Coward · · Score: 0

      so shoot film and use a long lens. sometimes being a Luddite has advantages...

    109. Re:Privelege by Anonymous Coward · · Score: 0

      I can believe it. I had similar things happen to me in school in the 60s and early 70s. Obedience and respect seemed to mean more than learning facts.

    110. Re:Privelege by Grishnakh · · Score: 1

      Then they'll just shoot you, and claim that you appeared to be carrying a rifle.

      Even if they don't do that, they'll confiscate your camera and destroy your film. Your long lens isn't going to get you that far away from the action, maybe a couple hundred yards at the best. You're not going to outrun the cops.

    111. Re:Privelege by bobcat7677 · · Score: 1

      No, I mean moose...as in the plural of moose. Meese is a rock band from Colorado.

    112. Re:Privelege by KingBenny · · Score: 1

      the Batman, obviously

      --
      Free speech was meant to be free for all... how can anyone grow up in a nanny state ?
    113. Re:Privelege by KevReedUK · · Score: 1

      Case law is not about "throwing out the letter of a particular law", but more about interpretation of what is already written without changing its underlying meaning.

      Statute law, by its nature, is comparatively static. In order to prevent any misinterpretation, it should also be designed to be very specific as regards what situations it covers, and what results it should have where those circumstances present themselves. Change to statute law therefore takes time (and, many would argue, friends in high places).

      Society, on the other hand, often changes far faster than the statute books. For this reason, statute law that was written some significant time ago may not be clear on its application to current-day situations. As the drafters couldn't envisage a particular situation, the statute laws do not cater to them in a clear fashion. For this reason, where ambiguity presents itself, the judiciary need to be able put themselves in the position of the drafters and imagine what their response to the situation in question would have been, were it to be commonplace at the time of drafting. This allows them to make a ruling on the matter.

      Because, however, the judiciary are not empowered to "create new laws", such rulings become precedent and future judges then need to decide on a case-by-case basis whether the situation before them is sufficiently similar to the case that set precedent that it should apply to their case as well, or whether their case is different enough that a new precedent should be set for this further new case type. Also, in those situations where society has moved on again since the precedent was set that applying it to the current circumstances would be unfair, unethical or nonsensical, the judge has the option to come to his own decision, setting a new precedent without overturning those prior rulings.

      In some instances, where the case law provides a solution compatible with the statute for a situation sufficiently commonplace, legislators will sometimes either write a new statute to cover it, or an amendment to the original statute. Due to the time and resources involved in this, however, it tends to be comparatively rare.

      Another comparative rarity is where a judge has to make a ruling where no precedent exists and the statute doesn't provide clear guidance on the outcome. In such situations, it has been known for judges to make a ruling that is not specifically allowed for in the statute, but can state that it should NOT be considered as setting a precedent. (Personally, I feel this is a cop-out, with the judge not wanting to be considered responsible for any future rulings based on his decisions going belly-up and making him, as the original precedent-setter, look bad).

      I should make it clear that IANAL, but the above is my understanding based on lengthy self study of such matters as I am supporting my wife through a rather messy legal battle (Mortgagee looking to take possession of mortgaged property where co-owner of mortgaged property subject to no prior advice, misleading information and subsequent significant (600%) inflation of secured sum with neither notice, nor seeking of permission.) where precedent has been changed, overturned and clarified many times in the several decades since the statute pertaining to the situation was first enacted. The legal history and specifics I have been focusing on, however, are specifically those of the law as it exists in England and Wales, so the situation in the US (subject of TFA) may be somewhat different. I would welcome any corrections / clarifications / expansions of the above where applicable.

      --
      Just my $0.03 (At current exchange rates, my £0.02 is worth more than your $0.02)
    114. Re:Privelege by Teancum · · Score: 1

      My original point was that it took legislative action to make the civil rights illegal. The only part of the constitution that is explicit in terms of a penalty for violating that provision of the U.S. Constitution is counterfeiting currency and coins. The rest depends mainly upon a legislative body (like Congress) to step forward and pass a law making violations of civil rights something which is actionable.... just as 42 USC 1983 (hint... a law passed by Congress well after the Constitution was ratified) is an example of that kind of action. Several state governments have passed similar laws, but it took explicit action to make that happen.

      I didn't say that violating civil rights wasn't illegal, just that the enforcement of those rights is not in the Constitution. Provisions to stiffen penalties or to relax them to a mere hand slap are also possible by a mere majority voice vote in one of those legislative bodies (so you may not even find out who voted to overturn those protections). Your argument also doesn't deal with the issue of sovereign immunity.... which is real sticky situation in and of itself too.

    115. Re:Privelege by The+Wild+Norseman · · Score: 1

      Thank you for your polite clarification!

      I don't think we're at odds at all on this topic; it never really occurred to me why there wasn't any provision for punishing the government (i.e., government employees/agents) in the constitution. I'm not terribly surprised that no constitutional amendments have been made either in that regard.

      My guess is that the founders had thought that the People would be active enough in guarding their rights that the governmental employees would be wary enough to not encroach or attempt to pass legislation or enforce laws that the People did not want.

      Apparently people were much more pragmatic and self-sufficient and very much willing to "water the tree of liberty with the blood of patriots and tyrants" than we are today.

      --
      "A government is a body of people usually -- notably -- ungoverned." -Shepherd Book
    116. Re:Privelege by Anonymous Coward · · Score: 0

      Assuming there is actual evidence of a crime, even obstruction of justice, then you can press for the DA to issue an arrest warrant or go to state police and push them to make an arrest. Go even higher if necessary. The point is, is that we need to push for these arrests to be made so we can hopefully make a statement that citizens will not continue to allow our rights to be violated with impunity.

    117. Re:Privelege by Anonymous Coward · · Score: 0

      Note that you said speeding to get to an emergency under legal conditions under which the speed limits are suspended. For clarity, that means (1) an emergency and (2) lights and siren on.

      GP said in the pursuit of their duty, which means, cruising around town and speeding or blowing stop signs whenever they feel like it. Again, to clarify, that means (1) NOT an emergency and possibly also (2) no lights or siren.

    118. Re:Privelege by RussellSHarris · · Score: 1

      You, otoh, are considered guilty unless you can prove yourself innocent.

      FTFY.

  2. Two separate things here by Anonymous Coward · · Score: 5, Informative

    he wasn't arrested for filming the police, he was arrested for disobeying a dispersal order.

    I'm not saying whether that's right or wrong, and I am aware he is a member of the press (though with some claiming that ANYONE can be a member of the "press").

    However, it's also possible for police to issue a lawful order to disperse that, if not obeyed, could result in arrest — alongside a charge of resisting arrest.

    The individual was being arrested for failure to obey a dispersal order, which was exactly what the officer said, not for "resisting arrest".

    Further, it's the submitter's OPINION that this person was being arrested "illegally". That's something the courts will now decide. The troubling part is that the video would probably be the key evidence in such a case, I agree.

    Of course, it's pretty clear that he disobeyed a direct (and likely lawful) order to disperse, and whatever happens after that I sort of lose interest in. :-/

    1. Re:Two separate things here by Feyshtey · · Score: 5, Insightful

      So basically you're saying that as long as the police tell everyone to stop being witness to their criminal and unlawful acts, they are within their legal rights to detain those witnesses and destroy any evidence they may have collected.

      --
      "But we have to pass the bill so that you can find out what is in it,..." - Nancy Pelosi
    2. Re:Two separate things here by daveschroeder · · Score: 5, Insightful

      No, what I'm saying is that it is possible for police to issue a lawful dispersal order to a group or area (not passing judgement on whether or not this one was, since I don't have all of the information), and you're not exempt because you happen to have a camera in your hand.

    3. Re:Two separate things here by Old+time+hacker · · Score: 5, Informative

      The good news is that, in a court, if one party destroys evidence, the court is required to assume that the evidence is favorable to the other party. I.e. if the cops destroy a video, then the court assumes that it would be in favor of the defendant.

    4. Re:Two separate things here by kilfarsnar · · Score: 4, Informative

      he wasn't arrested for filming the police, he was arrested for disobeying a dispersal order.

      No, RTFA.

      Miller was charged with a single count of resisting arrest. "Aside from a blatant violation of Mr. Miller’s First Amendment rights to record matters of public interest in a public place," Osterreicher wrote, "we do not understand how, absent some other underlying charge for which there was probable cause, a charge of resisting arrest can stand on its own?" "We believe that the recovered video of the incident will show that officers acted outside of their authority, in violation of the First, Fourth and Fourteenth Amendments of the United States Constitution as well as the Privacy Protection Act of 1980 and similar protections provided by Florida law," he wrote.

      --
      "What the American public doesn't know is what makes them the American public." -Ray Zalinsky (Tommy Boy)
    5. Re:Two separate things here by Feyshtey · · Score: 5, Insightful

      And I'm saying I disagree.

      A dispersal order is supposed to be used by officers to difuse a potentially dangerous situation, or an unlawful or unsafe gathering (on private property, or blocking safety exits, for instance). If a cop is telling you that you have to leave only because he doesnt want you to witness his activities then he is wrongfully applying his authority and you are within your rights to decline his order.

      If you start down the path of conceeding that you have to do what a cop says just because he said so, you have forfeited your freedoms gauranteed by our Constitution. And you're not likely to get them back.

      --
      "But we have to pass the bill so that you can find out what is in it,..." - Nancy Pelosi
    6. Re:Two separate things here by Feyshtey · · Score: 2

      "Yeah, we beat the shit out of him, but while we were hitting him and swung at a cop. So we arrested him for assualting an officer. "

      --
      "But we have to pass the bill so that you can find out what is in it,..." - Nancy Pelosi
    7. Re:Two separate things here by daveschroeder · · Score: 5, Insightful

      The laws for when and under what circumstances police may issue a dispersal order vary from jurisdiction to jurisdiction. They can indeed be lawfully used for mass public gatherings, on public or private property, even in cases where no imminent danger exists. In the case of some of the Occupy camps, municipalities justified removal on the grounds of the camps being a "public nuisance", or a public health hazard.

      Clearly some disagree with these judgments, but once that judgment is made by a duly elected or appointed authority, police may lawfully clear the area. Those who disobey the order would be subject to arrest, and it's not the job of the police to discern whether someone may or may nor be press, affiliated with the camp, an innocent observer, etc. If someone is refusing to obey the dispersal order, they'll be arrested.

      It's that simple. Again, this isn't a value judgment — just the facts.

      Also, following the directions of law enforcement officers is required in many states and jurisdictions, and this isn't a new or recent construct. There are varying degrees, some of which include provisions for presenting identification and similar. It's your opinion, like the submitter's, that this is somehow "illegal". The rule of law doesn't work when individuals get to decide what applies to them on a whim.

    8. Re:Two separate things here by Anonymous Coward · · Score: 1

      If you actually watch the video, it's glaringly obvious the officer is going to answer for this and never issued an order of any kind to the photographer other than to wait and be arrested. Miami will soon be paying for the photographer's vacation and some new camera equipment.

      You might also note that her fellow officers (comments elsewhere, use Google) aren't exactly standing behind her. Quite the opposite. She's an embarrassment to their department.

    9. Re:Two separate things here by Anonymous Coward · · Score: 1

      He isn't disagreeing with you. Why don't you read what he said? He acknowledges that these dispersal orders may be illegal, but their legality is not determined by whether or not you're filming the officers.

    10. Re:Two separate things here by MightyYar · · Score: 2

      Sorry to step in, but I think you guys fundamentally agree - daveschroeder is just saying that he doesn't know the circumstances and is happy to let the court figure it out.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    11. Re:Two separate things here by DM9290 · · Score: 4, Insightful

      Further, it's the submitter's OPINION that this person was being arrested "illegally". That's something the courts will now decide. The troubling part is that the video would probably be the key evidence in such a case, I agree.

      Of course, it's pretty clear that he disobeyed a direct (and likely lawful) order to disperse, and whatever happens after that I sort of lose interest in. :-/

      Obviously it depends upon the jurisdiction, but in most places police do not have the authority to order people to disperse except under certain special circumstances.

      If we're talking about an officer who would actually DELETE THE VIDEO then I seriously doubt the order to disperse was lawful because it is that video which would prove in court that the order to disperse was lawful. The act of deleting the video reasonably implies that the motive behind the order to disperse was simply to prevent the video from being made. In most places, destroying evidence is not a valid justification to interfere with a persons liberty and order them to disperse and consequently the order itself was without a valid purpose and was thus unlawful.

      police have no right to destroy other peoples private property at their own discretion.

      --
      No one has a right to their *own* opinion. They have a right to the TRUTH.
    12. Re:Two separate things here by MightyYar · · Score: 2

      No, RTFA.

      You have to glance at the news source... ars. It's a great tech rag, but they aren't very good journalists. If you look at the linked blog of the journalist in question (Carlos Miller - love his mug shot), you will see that he says:

      The gist is that I was arrested for refusing to leave a public area, even though hordes of corporate journalists were allowed to remain, including one who recorded my arrest.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    13. Re:Two separate things here by Feyshtey · · Score: 5, Insightful

      In the case of some of the Occupy camps, municipalities justified removal on the grounds of the camps being a "public nuisance", or a public health hazard.

      Safety. I mentioned that.

      Also, following the directions of law enforcement officers is required in many states and jurisdictions, and this isn't a new or recent construct. There are varying degrees, some of which include provisions for presenting identification and similar. It's your opinion, like the submitter's, that this is somehow "illegal". The rule of law doesn't work when individuals get to decide what applies to them on a whim.

      So by your reasoning an officer can show up at your home right now, and tell you to let him in. According to you, you must comply.

      This is wholly false. You are protected by law. You have rights. You may legally and rightfully refuse this order from an officer when it voiliates those rights. That officer MUST provide a warrant issued by a court, or have probable cause to enter your home. Period. End of discussion.

      Your stance is based on the fact that most people are ignorant, or complacent, or fearful, and do enforce their rights when challenged. The rule of law doesnt work when those enforcing it are above it.

      --
      "But we have to pass the bill so that you can find out what is in it,..." - Nancy Pelosi
    14. Re:Two separate things here by daveschroeder · · Score: 4, Insightful

      That's an accurate assessment. The reality is that if a police officer is issuing a direct order and you choose to disobey it, there will likely be consequences. Indeed, even if you think the police officer's order really is unlawful, you're probably still going to be detained or arrested if you refuse to obey it.

      Even if one makes this argument from a moral/ethical perspective, in such frameworks there is still the notion that as an independent, thinking being, one has the ability to do anything that they physically can do — whether it's take a walk, kill someone, leak a secret, tell a lie, or disobey the police. The key is recognizing that the event can have consequences.

      In this case, my only concern comes from the police attempting to delete imagery from the camera. The courts can now decide whether or not this arrest is legitimate.

    15. Re:Two separate things here by DM9290 · · Score: 1

      No, what I'm saying is that it is possible for police to issue a lawful dispersal order to a group or area (not passing judgement on whether or not this one was, since I don't have all of the information), and you're not exempt because you happen to have a camera in your hand.

      even if such an order was given, and even when it is lawful (which is short of a potential riot or other special circumstance probably isn't), police still don't have any right to destroy the video. The video is private property.

      --
      No one has a right to their *own* opinion. They have a right to the TRUTH.
    16. Re:Two separate things here by Anonymous Coward · · Score: 0

      The only way to make the determination that a cops order to disperse was legal or not is in court. After you are acquitted of disobeying a lawful order by the police, the officer who gave the order can then be charged with dereliction of duty which involves some kind of suspension from service.

      You are not a court and therefore can not make the determination that any persons actions are legal or illegal. You can only suspect if certain actions are legal or illegal which by no means gives you the right to ignore commands from a police officer without risking the courts decision on how lawful those commands were.

    17. Re:Two separate things here by UnknowingFool · · Score: 1

      he wasn't arrested for filming the police, he was arrested for disobeying a dispersal order.

      Read the article. That's not a true statement. Even if it were true, the photojournalist was trying to disperse by getting back to his vehicle

      I'm not saying whether that's right or wrong, and I am aware he is a member of the press (though with some claiming that ANYONE can be a member of the "press").

      First of all this isn't a case of an anonymous blogger claiming to be a journalist. He had both credentials and equipment that showed he was. Second being a member of the press grants special protections. The courts have ruled that members of the public can videotape police officers while they are in public so your point is moot.

      However, it's also possible for police to issue a lawful order to disperse that, if not obeyed, could result in arrest — alongside a charge of resisting arrest.

      Read the article.

      Further, it's the submitter's OPINION that this person was being arrested "illegally". That's something the courts will now decide. The troubling part is that the video would probably be the key evidence in such a case, I agree.

      If the police believe their arrest legal, why did they bother to attempt delete the evidence? Surely the videotape would have proven their case if the arrest was legal in their minds.

      Of course, it's pretty clear that he disobeyed a direct (and likely lawful) order to disperse, and whatever happens after that I sort of lose interest in. :-/

      You can't support an argument with the argument as evidence. "Surely the defendant on trial must be guilty. He's on trial. Only guilty people get tried."

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    18. Re:Two separate things here by Feyshtey · · Score: 3, Insightful

      My concern is the overwhelming willingness to be treated unlawfully so as to avoid the consequences, and yet so little consideration is given to the consequences of allowing society as a whole to be consistently treated unlawfully.

      --
      "But we have to pass the bill so that you can find out what is in it,..." - Nancy Pelosi
    19. Re:Two separate things here by Feyshtey · · Score: 1

      So then your conscience would allow you to watch what you believe to be a crime against your fellow citizen, and you would disperse simply because an officer told you to? I'd rather act on what I feel is right and deal with the consequences than explain away how I didnt stick my neck out for someone in need.

      --
      "But we have to pass the bill so that you can find out what is in it,..." - Nancy Pelosi
    20. Re:Two separate things here by Anonymous Coward · · Score: 0

      A dispersal order will provide the police with additional powers to disperse groups of two or more people....

    21. Re:Two separate things here by Anonymous Coward · · Score: 0

      whatever happens after that I sort of lose interest in. :-/

      Repeat after me: Baaaaaaaaaaa!

    22. Re:Two separate things here by DM9290 · · Score: 2

      The good news is that, in a court, if one party destroys evidence, the court is required to assume that the evidence is favorable to the other party. I.e. if the cops destroy a video, then the court assumes that it would be in favor of the defendant.

      the court is not required to assume anything. It is just another piece of evidence that the court must consider in totality with all the other evidence when deciding how reliable a particular witness is. It isn't as cut n dry as you make it.

      --
      No one has a right to their *own* opinion. They have a right to the TRUTH.
    23. Re:Two separate things here by daveschroeder · · Score: 5, Insightful

      Yes, but the example you gave is clear-cut: other than in exigent circumstances, one does not have to allow law enforcement personnel onto/into private property without a proper warrant from a court of competent jurisdiction.

      The situation here of clearing an Occupy camp and issuing a dispersal order is anything but clear-cut. Assuming for a moment that it's possible this dispersal order was lawful, at least as far as it goes, why would you claim that they can't compel this person to clear the area as well? How, specifically, was the arrest inappropriate if this was a lawful order to disperse?

      Now, if you're saying the order to disperse wasn't lawful, what's your basis for that, given that nearly all municipalities that have cleared Occupy camps have ensured that they at least have a justification for removal that can withstand some scrutiny? Again, without having sat in on all of the council meetings that resulted in this order, I can't comment for certain.

      My stance is in no way based on the fact that people are any of those things you claim. But you don't get to decide on your own that something doesn't apply to you. This was not about a legal or constitutional violation (UNLESS the dispersal order was unlawful). There was what was very likely a LAWFUL order to disperse issued by appropriate authority, and this guy chose to say, essentially, "I'm not doing anything wrong," and refused to disperse instead of obeying the order. Well, 99% of the people in the camp probably weren't "doing anything wrong" at that very moment, either, other than being there. If I walked in just to "observe" the camp and refused to leave when directed by a police officer, I can guarantee you I would be arrested on the spot, no matter what I said.

      Now we're getting to places where someone might say, hey, the "law" is made by those in "power", and these Occupy camps are just people trying to "take back" their power, so someone needs to stand up and fight the system, document the struggle, etc., etc., etc. Okay, fine. But if you're going to actively oppose civil society and the system of laws that are in place, regardless of from where they stem, expect that there will be consequences to those actions.

    24. Re:Two separate things here by Bardwick · · Score: 3, Insightful

      In the military, you are only allowed to follow *lawful* orders. Following any other kind will result in personal consequences.

    25. Re:Two separate things here by Chibi+Merrow · · Score: 5, Interesting

      And if you actually research it further, you'll find that the only charges he is actually facing is "Resisting arrest". He wasn't cited for failure to disperse.

      Funnily enough, he was actually asking the police if he could go to his car when one of the commanders started shouting "Arrestee! Arrestee!" and had him arrested. So apparently asking police to allow you to leave an area they have ordered you to leave is "disobeying a lawful order to disperse"... Much like being tackled from behind is "Assaulting a police officer" and lying unconscious on the ground due to a diabetic coma while cops kick you is "Resisting arrest."

      --
      Maxim: People cannot follow directions.
      Increases in truth directly with the length of time spent explaining them
    26. Re:Two separate things here by JustNilt · · Score: 1

      That officer MUST provide a warrant issued by a court, or have probable cause to enter your home. Period. End of discussion.

      While your basic premise is sound, it is not entirely accurate. A law enforcement officer needs a warrant to enter a home, or other private space, uninvited except in cases of exigent circumstances. Now, whether all officers are truthful regarding exigent circumstances after the fact may be debated but the law is pretty clear. We're talking US law, of course.

      --
      You know the thing about UDP jokes? I don't care if you get it or not.
    27. Re:Two separate things here by Feyshtey · · Score: 5, Insightful

      I believe we're in disagreement mainly because I didn't clarify myself in that I am no limiting my comments to this one case. There are cases in which a cop can lawfully ask people to disperse and those people need to comply. I mentioned that. But I adamantly disagree that just because a cop says you have to disperse it does not inherently mean that he has done so lawfully. Too few people peacefully challenge this because they dont want to deal with the consequences. And as that concession becomes more and more common, it becomes expected by both the citizens and law enforcement. The rights which we rely upon to remain free become effectively void in practice if not in law.

      --
      "But we have to pass the bill so that you can find out what is in it,..." - Nancy Pelosi
    28. Re:Two separate things here by kulervo · · Score: 5, Informative

      What you are talking about is Spoliation (seriously, that's the spelling), and it can be a jury instruction, where the judge tells the jury that they should assume that the contents of the destroyed evidence (tape, image, whatever) showed that the officer was doing whatever it was the photographer says he was doing.

      It could be worked like this hypothetically: I take video of police brutality, some officers come over, rough me up, take my tape, and I yell out: "This is police brutality! I'm going to sue you! That tape is evidence!" If the cop then deletes the images, destroys the tape, etc, then he has committed spoliation. When/if I sue the cop, and depending on jurisdiction, I can either: a. File a motion for sanctions and fines because the cop destroyed the evidence; b. File a motion to have the judge tell the jury that they should assume that the tape showed the judge roughing me up; or c. File an civil complaint on the topic of spoliation alone, and then even if I lose on the battery case, I might still win on the destruction of evidence case.

      Jurisdictions very, don't try this at home, try not to go out into the world with a machine that still uses tape (my hypothetical apparently took place 10 years ago). There is a decent and free law journal article on the topic in Illinois, and we are very much having the video-tape-the-police-discussion here. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1536805#%23

    29. Re:Two separate things here by Keith111 · · Score: 1

      A dispersal order doesn't really need a lot of reason behind it. If 2 or more people's gathered presence seems to lead to the liklihood of intimidation or harrassment or anything really they can issue one. It's a pretty nasty piece of power they have and probably should never have been given.

    30. Re:Two separate things here by daveschroeder · · Score: 4, Insightful

      Fair enough — and as someone else noted, I think we're in fundamental agreement here.

      — wait, what's happening here? A rational discussion on slashdot?!?

    31. Re:Two separate things here by Feyshtey · · Score: 1

      That's what I said, I just failed to mention the possibility of an invitation to enter. An officer must have a warrant or a legal cause to enter otherwise. A legal cause could be a reason to believe that a crime was being commited or a person was in distress. The implied argument being presented by some here is that if a cop tells you to let him in you have to comply, even in the absence of a warrant or cause.

      --
      "But we have to pass the bill so that you can find out what is in it,..." - Nancy Pelosi
    32. Re:Two separate things here by pz · · Score: 3, Interesting

      If a cop is telling you that you have to leave only because he doesnt want you to witness his activities ...

      And that would be an unlawful dispersal order. That's why the parent post specifically said, "... it is possible for police to issue a lawful dispersal order ..." (emphasis added) in order to specifically speak to the point in question. Your example is clearly outside that purview, making your post merely argumentative rather than constructive.

      If you believe an order to be unlawful, you are free to ignore it, and suffer the consequences until such time that the judicial system agrees with you or not. I have done so, and, fortunately for me, the consequences were not grave. A friend of mine did the same, at a different time, was subsequently arrested, but was later found to have been within his rights. The enlightened reader will understand that when the enforcement arm of our society issues a directive, not abiding by that directive has potentially serious implications, completely independent of the lawfulness of the directive.

      Let's put it simply: someone carrying a badge and a gun tells you to move. You don't. There's a very real possibility that you will get shot. Yes, it would be illegal for that to happen, but the reality is that you're still bleeding, and bleeding as a result of your choice to ignore the command. Or perhaps you're not bleeding, but you've been beaten about the head, or been arrested. Eventually the judicial system might catch up and rule in your favor, but that won't change the fact that you've been injured or detained.

      --

      Put my fist through my alarm clock with its ding-dong death inside my ear. - The Blackjacks.
    33. Re:Two separate things here by Feyshtey · · Score: 0

      — wait, what's happening here? A rational discussion on slashdot?!?

      Singularity to commence in 3...2... 1....

      --
      "But we have to pass the bill so that you can find out what is in it,..." - Nancy Pelosi
    34. Re:Two separate things here by Rary · · Score: 1

      Funnily enough, he was actually asking the police if he could go to his car when one of the commanders started shouting "Arrestee! Arrestee!" and had him arrested.

      That's not what I see in the video (full video here). He was quite obviously following the line of riot cops, filming as he went, and when a cop stopped him he figured he needed an excuse to be going in that direction, so he came up with "I want to go to my car".

      It's unclear from the video if there was any legitimate resisting going on, although the cop says to him "you were told to disperse". We don't see that part in the video, so it's unclear if it happened before he started the camera, or if she made that up.

      --

      "You cannot simultaneously prevent and prepare for war." -- Albert Einstein

    35. Re:Two separate things here by Qzukk · · Score: 2, Insightful

      my only concern comes from the police attempting to delete imagery from the camera

      So you have no concern whatsoever with your tax dollars spent to deal with it, or with the company's money being spent on lawyers to deal with it? Lost wages and productivity while sitting in jail and/or court dealing with it?

      These too are consequences, yet much of it is incurred before a court decides whether or not the cop's order was lawful.

      The key is recognizing that the event can have consequences.

      But only for the little people. Cops have their union to protect them, and prosecutors are immune from so much as a pay cut, even if they violate the Constitutional protections of innocent people by hiding exculpatory evidence.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    36. Re:Two separate things here by Jessified · · Score: 3, Insightful

      I was a legal observer during the Vancouver Olympics. Luckily there were no major abuses of police power (although one officer did put a mark on our head by telling a drug dealer that we were collecting evidence against him, pretty unprofessional if you ask me).

      The best advice I've been given for videotaping police is to ask where they want you to stand so that you are not in their way. If you record them saying that they want you completely out of sight, then you have collected evidence that their request was unreasonable. If they give you a reasonable distance where you can keep filming their activities, then it's not really a problem. It's dangerous to disobey a police officer even if you think you are in the right, and if you turn out to be wrong there could be consequences.

      You don't have to be right beside the officers to get a good view of what's going on, and standing back a few meters often affords a better vantage point anyways.

      As far as police deleting your footage, it's good to have a second voice recorder under you shirt. Vocalize your objections, "Why are you destroying this evidence??" It might be useful later.

    37. Re:Two separate things here by Hognoxious · · Score: 0

      it is possible for police to issue a lawful dispersal order to a group or area (not passing judgement on whether or not this one was, since I don't have all of the information), and you're not exempt because you happen to have a camera in your hand.

      Darn it, Powell, why didn't we think of that?
          --
          Stacey Koon

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    38. Re:Two separate things here by networkBoy · · Score: 4, Funny

      I'll abort the singularity by returning us to irrationality by either taking the sqrt of -1 or calling you both asshats with about as much justification as the police often use in the debated dispersal orders ;)

      --
      whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
    39. Re:Two separate things here by Improv · · Score: 1

      The way these things are best challenged is usually after-the-fact in court. If you want to ignore that and challenge police while they're doing your duty, you'd better have a really good reason.

      --
      For every problem, there is at least one solution that is simple, neat, and wrong.
    40. Re:Two separate things here by gubers33 · · Score: 4, Informative

      Problem here, he wasn't charged with anything other than resisting arrest. He was not charged with failure to obey a dispersal order. Funny, because I was not aware that charge could stand on it's own. Being a member of the press, he was allowed to be there according to the First Ammendment " record matters of public interest in a public place.", meaning he was allowed to be there to document the event as a member of the press. The police then attempted destroyed evidence of their unlawful actions. The attempted deletion of the video is a blatant admission of their guilt, these officers should not only lose their jobs, but he charged with obstruction of justice and serve prison time.

      --
      Just because you are wrong and I called you out on it doesn't mean I am a Troll.
    41. Re:Two separate things here by forkfail · · Score: 2

      Not to mention that anybody who says, "We don't want to have to hurt you" generally wants to hurt you.

      --
      Check your premises.
    42. Re:Two separate things here by KhabaLox · · Score: 4, Informative

      The individual was being arrested for failure to obey a dispersal order, which was exactly what the officer said, not for "resisting arrest".

      No, he wasn't. From TFA:

      Miller was charged with a single count of resisting arrest. "Aside from a blatant violation of Mr. Miller’s First Amendment rights to record matters of public interest in a public place," [National Press Photographers Association General Consul] Osterreicher wrote [in a letter to the Miami-Dade PD], "we do not understand how, absent some other underlying charge for which there was probable cause, a charge of resisting arrest can stand on its own?"

      Now, I agree that there are occasions where the police can give lawful dispersal orders, but I don't believe those orders should apply to members of the press who are documenting events (and not participating in whatever actions are causing the police to call for dispersal). Of course, as you point out, it is extremely difficult for police on the ground to identify who is "legitimate" press (and hard for us as a society to decide what "legitimate" press even is). But the thorniness of that problem should not give police the blanket authority to disperse/arrest everyone and prevent documentation of such events.

      You mentioned "two separate things": the charges for which he was arrested; and the "opinion" that the arrest was illegal (it's a minor point, but I agree with you). You left out a third thing, which is probably the most important part of this piece.

      After he was arrested, while the police had his camera in custody, they allegedly erased video of the events up to and including his arrest. I can't think of any reason this can be justified. If the footage was taken illegally (which may be the case since the appellate ruling referenced was for a MA case and may not apply in FL - IANAL), then the police should have preserved the evidence for trial. If the footage was not taken illegally, then there is no reasonable cause for them to delete it either. I don't think I would hold the police to a 100% standard in terms of returning property whole to suspects - it's possible if they impound your car that it get's dinged accidentally in the impound lot; your phone or computer may get dropped (not "dropped" - that would be a problem) on the floor of the evidence room. Accidents happen and like I said, I would expect the police to be perfect. But here it seems someone deliberately access the camera's memory and selectively deleted videos. It's hard to construe that as accidental.

      Bottom line, once the police have evidence in custody, they are obligated to preserve it. That apparently didn't happen here, and if the allegation are true and there are no repercussions, then it is indeed a scary (police) state we live in.

      --
      Ceci n'est pas un sig.
    43. Re:Two separate things here by poetmatt · · Score: 1

      If he was arrested for disobeying a dispersal order, then that's what he would have been charged for.

      Was it? hint: no.

    44. Re:Two separate things here by Geoffrey.landis · · Score: 1

      he wasn't arrested for filming the police, he was arrested for disobeying a dispersal order.

      Direct quote from the original article:
      "Miller was charged with a single count of resisting arrest."

      The only thing he was charged with, apparently, was "resisting arrest." He was not charged with "disobeying a dispersal order."

      --
      http://www.geoffreylandis.com
    45. Re:Two separate things here by spire3661 · · Score: 2

      Life is finite, choose your battles carefully. Confronting an armed officer is a tactical decision, make sure you are prepared.

      --
      Good-bye
    46. Re:Two separate things here by Hognoxious · · Score: 1

      Clearly some disagree with these judgments, but once that judgment is made by a duly elected or appointed authority, police may lawfully clear the area.

      But that authority should be someone other than the police themselves, such as a judge.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    47. Re:Two separate things here by Anonymous Coward · · Score: 0

      And to what radius does that dispersal order mandate? who said it was legal? was there a mob? a crowd? 2 people?

      Careful with that faulty interpretation to "legal dispersal" order there... I'm guessing it wasn't legal and the video shows it.

    48. Re:Two separate things here by Feyshtey · · Score: 1

      Life is finite. Yours, your child's, your grandchild's... Conceeding your freedoms today does so also for your descendants tomorrow. Are you prepared to grow old watching that consequence to those you love?

      --
      "But we have to pass the bill so that you can find out what is in it,..." - Nancy Pelosi
    49. Re:Two separate things here by HornWumpus · · Score: 1

      IIRC there was a case where some bendejo judge said that opening the door was an implied invitation to come in.

      I installed a 'security screen door' the next week.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    50. Re:Two separate things here by Myopic · · Score: 1

      Holy shit that is the deepest nest of +5 comments in a row I've ever seen.

      You both make good points which do not exactly contradict each other.

    51. Re:Two separate things here by Pragmatix · · Score: 1

      This thing is, they might not have a warrant but they can come into your house if they want. They can toss the place, etc. Your rights don't come into play until you go to court, where it will cost you a lot of money to excercise your rights. Disobeying a police order to disperse is the same way, you don't get to decide if the order is lawful, the police can arrest you at any time and haul you off to jail, you don't get a say until you are in front of a judge. Arguably, police need to have that power, otherwise it would quickly become impossible to do the job.

      Aside from an arrest being quite punative in of itself, the biggest flaw I see is that there are really no consequences for law enforcement who heap bogus charges on people. Hence some places (florida?) where the police are increasingly arresting people for resisting arrest just for asking why they have been arrested etc.

    52. Re:Two separate things here by DM9290 · · Score: 3, Insightful

      The way these things are best challenged is usually after-the-fact in court. If you want to ignore that and challenge police while they're doing your duty, you'd better have a really good reason.

      The fact that an order was unlawfully given is a really good reason to disobey. The fact that you are engaged in capturing a photographic record of events that will otherwise be lost forever, is another one.

      The moment an officer attempts to exceed their authority they are no longer doing their duties. The only problem is that in almost every jurisdiction, your sincere belief that the order is unlawful is not good enough justification to disobey. The order must ALSO actually be unlawful. The officer is not under an obligation to convince you that the order is lawful (although sometimes they are required to say certain special words). If it is a lawful order, you must obey whether you understand why.

      unless you have a really good reason to risk being in the wrong, you might want to just comply to be on the safe side.

      maybe that is what you intended to say?

      However.. I'm going to pretty much assume any cop who destroys video evidence on purpose without a judges order was not acting lawfully. destroying video evidence goes against their training and standard procedures.

      --
      No one has a right to their *own* opinion. They have a right to the TRUTH.
    53. Re:Two separate things here by Anonymous Coward · · Score: 0

      What he was arrested for and what he was charged with are two different things. He was in the process of being arrested for disobeying a dispersal order (this is clearly visible in the video). In the process he (allegedly) resisted arrest (this is not clearly visible in the video). In the end, they decided to only charge him with one of the two offenses that he (allegedly) committed, which was resisting arrest.

      So, he was arrested for disobeying a dispersal order, but he was charged with resisting arrest.

      Not saying it's right, just clarifying.

    54. Re:Two separate things here by DM9290 · · Score: 1

      My concern is the overwhelming willingness to be treated unlawfully so as to avoid the consequences, and yet so little consideration is given to the consequences of allowing society as a whole to be consistently treated unlawfully.

      It's called 'cowardess' for a reason.

      --
      No one has a right to their *own* opinion. They have a right to the TRUTH.
    55. Re:Two separate things here by firex726 · · Score: 1

      What if the dispersal order interfered with is ability to record the officer?

      Like he was ordered to disperse, back behind that wall/bush where he could no longer see the officer?

    56. Re:Two separate things here by Feyshtey · · Score: 1

      How do you challenge an unlawful order to disperse after the fact if you've been told to forfiet your evidence and leave, and you complied? You werent arrested because you complied, so there is no court case associated with your actions (or lack of). It would go to court only if you filed a lawsuit on your own time and money and it was sent to court by the colleagues of those you mean to sue. If it was corruption of law enforcement that led to the event to begin with what makes you assume there will not be corruption in the mechanism used for reconciliation? And even if it gets to court, you no longer have your evidence.

      And this is exactly how unlawful orders by law enforcement become more pervasive. They assume if you are unwilling to stand up for your rights at the moment they are voilated you will also be unwilling to assume the hardship of standing up for them after the fact. And they are right.

      --
      "But we have to pass the bill so that you can find out what is in it,..." - Nancy Pelosi
    57. Re:Two separate things here by Anonymous Coward · · Score: 0

      A distortion of the facts perhaps. Again, I ask, to what degree disperse? If I backup say 5 feet, I just dispersed. Hell 5 inches is dispersal as well.

    58. Re:Two separate things here by Anonymous Coward · · Score: 0

      IMO and IANAL, but irrespective of the legality of the dispersion order, destruction of the videotape still is obstruction of justice.

    59. Re:Two separate things here by Qzukk · · Score: 2

      the officer who gave the order can then be charged with

      Except that the article suggests they are not charged with anything. We have case-after-case of cops harassing and/or arresting people for filming them, many of which are resolved in the photographer's favor, and yet the taxpayers, not the cops, are the ones who pay for it.

      Consider, for instance, the case of Sean and Erik Ibarra who we had to pay $1.7 million for the cops' assault and destruction of evidence and the Ibarra's subsequent arrest for "evading arrest".

      Charges for the cops? None. And do you know what happened when the Ibarras asked why? The DA deleted his emails. Then we got to pay for his contempt defense. Of course, it's just contempt of court, not an actual destruction of evidence charge, so he was given a dinky little fine, which of course he appealed at our expense.

      Or take the cops that harassed people who were photographing a drunk cop who slammed into a schoolbus. The cops were seen covering up beer bottles and the hospital found the cop to be over .200 (out of .08) yet internal affairs stood by the cops who "investigated" the wreck and insisted that the cop wasn't drunk for weeks.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    60. Re:Two separate things here by _8553454222834292266 · · Score: 1

      Terrifying that there is such a thing as a "lawful order to disperse" in a public place. Basically just code for being in public when a cop finds it annoying.

    61. Re:Two separate things here by Hatta · · Score: 2

      The laws for when and under what circumstances police may issue a dispersal order vary from jurisdiction to jurisdiction

      The First Amendment right to assembly does not vary from jurisdiction to jurisdiction.

      The rule of law doesn't work when individuals get to decide what applies to them on a whim.

      The rule of law doesn't work when the authorities use the law to quash dissent either.

      --
      Give me Classic Slashdot or give me death!
    62. Re:Two separate things here by sjames · · Score: 1

      It is, but in other cases, the order is unlawful. You are exempt because the order is unlawful, the camera just captures the evidence.

    63. Re:Two separate things here by Trailer+Trash · · Score: 1

      Further, it's the submitter's OPINION that this person was being arrested "illegally". That's something the courts will now decide. The troubling part is that the video would probably be the key evidence in such a case, I agree.

      That's also the officer's opinion, or he wouldn't have illegally deleted the recording. Period.

    64. Re:Two separate things here by mooingyak · · Score: 3, Funny

      My concern is the overwhelming willingness to be treated unlawfully so as to avoid the consequences, and yet so little consideration is given to the consequences of allowing society as a whole to be consistently treated unlawfully.

      It's called 'cowardess' for a reason.

      I think in this PC era we call both the male and female versions "coward".

      --
      William of Ockham had no beard. The most likely explanation is that it was chewed off by squirrels every morning.
    65. Re:Two separate things here by Spamalope · · Score: 1
      Cops often demand unlawful searches, order dispersal, or deletion of photos/video when they have no legal basis to do so. If you don't comply with their order, they'll arrest you for obstruction, failing to follow a lawful order, resisting arrest, wiretapping or any of a number of 'contempt of cop' charges.

      Dispersal orders aren't valid unless there is a threat to public safety. Each area has it's own specific rules, but I haven't read one that I thought was unreasonable. Cops simply use the law as a threat since in court it will be the officers word against yours regarding whether the conditions were met -- unless there is video. That is why video is so hated. They can't lie as easily.

      My encounter this year was a speed trap. There is a budget short fall, and the traffic cops had been sent out to help - I mean 'ensure traffice safety'. They'd been setting up seed traps and after each citation they'd pull the next car passing by over to issue another. I knew they were doing it, so I'd been driving with video rolling showing my speedometer and the road out the front window since that's about the only defense from revenue focused traffic enforcement. I was pulled over for 51 in a 40 zone, despite never going over 40. That is one of the simplest reasons everyone needs to video each encounter with cops. It's a partial defense against for profit law enforcement. (so Yes, I have video and it did happen)

    66. Re:Two separate things here by AdmiralWeirdbeard · · Score: 1

      So, he did manage to recover the whole video but I admit to some skepticism as to his narration of it. From the video it looks to me like he just got a little too bold with his camera. There really didnt seem to be any protestors around, but the couple other photographers who were there were all basically being ignored as long as they stayed a few yards away from the line. The cops looked like they were staging a drill more than carrying out a dispersal order on a group of people, as there was no longer a group of people. So they pushed up a block. stopped, met with another group of cops, then formed a queue and started to walk back down the block. The photographer then immediately started back down with them. He was ignored as he started, then about 15 yards in, that officer stopped him, and you can hear the muffled, 'oh i was just going back to my car.' but he wasnt, he was just continuing to film the cops.

      I'm of two minds about this. on the one hand, he was kindof obviously tempting fate. the cops had just 'cleared' the block, and he immediately tried to walk back up it. if he was really 'just heading back to his car to leave because everything was over,' it certainly didnt look like it. On the other hand, all of the other cops were ignoring him. at a couple points, he seemed to be in the midst of the line without any of them telling him to clear off. Going from totally ignoring him to arresting him and saying he'd been warned seems like bullshit. even if his claim that he was walking back to his car was bullshit, and i think it was rather a poor justification, zero to arrest seems over the top. 'Oh, your car is back there? well, you'll have to wait here until we've cleared the area' seems like a more rational first response than 'you're under arrest.'

      As to the above discussion of whether one can or should refuse to do what the police tell you, well, even the ACLU will tell you that police misconduct cannot be challenged on the street. So, if, in the course of enforcing an eviction the police issue a dispersal order, yes you have to obey them. I think this discussion went off the rails a bit with hypotheticals, so try to keep in mind what was actually happening here. The police were evicting an Occupy camp. whatever you think about this, it was a court order. Unlike evicting a single family from a home, they cant just show up and change the locks. They really do have to cause everyone to physically leave the area. It would be rather silly if the occupy folk all just went across the street and got a cup of coffee and waited till the cops left. watch the video. its not like he was arrested because he was filming the cops breaking someone's rights. The police had to clear the area, and he was walking right back into it not 5 seconds after they cleared it. which was pretty stupid.

      I, too, am concerned that they erased the video of the arrest. Because while the arrest itself seems valid as for cause (taking all the given context and video at face value) the manner in which it was conducted was less than above board. While the off-camera voice instructing the photographer to let go can probably be forgiven - as there was quite a clutch of officers surrounding him, and wearing the cameras might have easily appeared to be holding on to the camera - the first cop, smiling creepily and saying 'we dont want to have to hurt you' while the photographer seems to be standing perfectly still in the middle of a scrum of cops, cannot. That is wildly inappropriate behavior, outside what was necessary to accomplish the arrest, and, when it comes down to it, assault. If a cop menacing you while you are peacefully accepting arrest by saying 'we dont want to hurt you' in response to no provocation whatsoever doenst put one in fear of immanent bodily harm, i dont know what would. And the video would be evidence of this. That the police would take advantage of their custody of his equipment to erase possible evidence that might be used against them is, if not shocking, then at least offensive.

      --
      Come read my stupid blagablog. Rants and Giggles
    67. Re:Two separate things here by Anonymous Coward · · Score: 0

      "Compelling State Interest" is the standard the order is held to, if police are breaking up a gathering that is otherwise a First Amendment protected assembly. They have to be specific as to the nature of this justification. Some of the Occupy protestors did cross the line outside of First Amendment peaceable assembly. The main camp in NYC waived this from the outset, by assembling on private property. OWS actually did some damage to other protest movements by being unwilling (or unable due to their sheer numbers) to be consistently lawful in their methods of redress.

    68. Re:Two separate things here by Anonymous Coward · · Score: 0

      On a purely hypothetical note here, if the government/law enforcement is corrupt do you still have to obey the law enforcement ? I am not anti-government or an anarchist, I do believe in following the *law*, but I also want to ability to determine which law is against the democracy and public which you may say up to my whim :)

    69. Re:Two separate things here by Anonymous Coward · · Score: 0

      he wasn't arrested for filming the police, he was arrested for disobeying a dispersal order.

      You didn't read TFA, did you? Even the summary? The only charge was "resisting arrest." Resisting arrest for what? There were no other charges!

    70. Re:Two separate things here by Anonymous Coward · · Score: 0

      But we have to pass the bill so that you can find out what is in it

      Your sig is a lie by omission. You're a fucking liar for propogating it.

    71. Re:Two separate things here by Anonymous Coward · · Score: 0

      you sir, are a bootlicking facist, and I hope you die a slow, painful death.

    72. Re:Two separate things here by evil_aaronm · · Score: 1

      Exactly. I was going to ask, above, "Didn't he, in fact, follow the order to disperse?" He left the group of people he was with. How far removed from the cops does he have to be? The next state over? How does he get there? Is he compelled to pay for public transportation to get far enough away? Why can't he just use his car - it's right there...

    73. Re:Two separate things here by evil_aaronm · · Score: 1

      The judge roughed you up, too? WTF! Tough court...

    74. Re:Two separate things here by Anonymous Coward · · Score: 0

      More importantly I am concerned with the consequences of "someone carrying a badge and a gun tells you to move. You don't. There's a very real possibility that you will get shot. Yes, it would be illegal for that to happen, but the reality is that you're still bleeding, and bleeding as a result of your choice to ignore the command." The problem I have is that AFTER IT HAS BEEN FOUND TO BE AN UNLAWFUL dispersal order the ""someone carrying a badge and a gun" is not only not punished for the unlawful order AND hence committing a SECOND FELONY by shooting you, the ""someone carrying a badge and a gun" is REWARDED FOR THEIR UNLAWFUL ACTIONS.

      I am willing to live with the consequences of my actions, BUT I AM UNWILLING TO LET A BULLY AND THUG BE REWARD FOR COMMITTING A CRIME AND NOT LIVE WITH THE CONSEQUENCES OF THEIR ACTIONS.

      Please don't go down the "Walk in an officers shoes" bullshit.

    75. Re:Two separate things here by ahodgson · · Score: 1

      Legal or not, the reality in the US now is that if you refuse you'll at a minimum get beaten up, maybe shot, and nothing whatsoever will happen to the cops. The rights are gone.

    76. Re:Two separate things here by Anonymous Coward · · Score: 0

      The First amendment to the US Constitution reads: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

      The 14th amendment extends these prohibitions to the states and local authorities.

      There is no time limit specified. As far as I'm concerned any mayor that forced the Occupiers out is guilty of violating the first amendment of the Constitution and should be impeached or at least thrown out of office at the next election. I'm looking at you mayors of Boston New York and Oakland.

      SG

    77. Re:Two separate things here by mark-t · · Score: 1

      Actually, I expect it's more that they are able, willing, and ready to hurt you if you don't cooperate with them more than it means that they might actually directly want to.

    78. Re:Two separate things here by freeze128 · · Score: 1

      Confronting an armed officer is a tactical decision, make sure you are prepared.

      ...or at least, UNARMED. I don't see any way a physical fight with an officer will turn out any better for you than obeying.

    79. Re:Two separate things here by Improv · · Score: 1

      I agree with your restatement. And actually with your postnote too.

      --
      For every problem, there is at least one solution that is simple, neat, and wrong.
    80. Re:Two separate things here by Anonymous Coward · · Score: 0

      I was arrested in LA for "sassing a police officer." When I expressed amazement, he said "It wasn't what
      you said, it was the way you said it." He told his partner "This guy's got an altitude problem."
      Sure you can fight it but by then you've spent the night in jail, possibly been raped and other nasty things.
      It was said in the 60s, "Serve your police and protect you."

    81. Re:Two separate things here by Anonymous Coward · · Score: 0

      What do you have to do to get an 'informative' score???????

    82. Re:Two separate things here by Teancum · · Score: 1

      If an officer orders you to disperse and you disagree with them, it is up to you to fight it out in the judicial system. Hopefully if the arrest was improper you get your record expunged along with an apology by either the town mayor or chief of police (at least the judge), but that is what you need to face. Otherwise, the guy with the gun is who you need to obey unless you want to face the wrath of getting that gun used against you in some fashion.

      Where I disagree is when the officer takes active steps to destroy the video or "tamper with evidence" without a judicial order to do so. It should be made illegal to perform such actions.

      Conceding to the actions of an officer of the law, regardless of how stupid or even flagrantly illegal they might be, is almost always the proper thing to do. You can politely inform the officer they are wrong and that their job in on the line if they act out of line, but otherwise it is best to treat them the same as some terrorist or armed thug with a gun and simply comply with whatever it is they are asking you to do. The hope with a society of laws is that if the officer is acting inappropriately they will be dealt with by their superiors and that the judicial system will give a damn about you as an ordinary person. Otherwise, you aren't even living in a society of laws so it doesn't really matter what you do at that point.

    83. Re:Two separate things here by Teancum · · Score: 1

      If you don't want to be a coward, stand up and take the arrest. That has been done by numerous people, starting with Mohandas Gandhi and Martin Luther King Jr. (and others in the past as well). Civil disobedience has a proud tradition, and it has resulted in new laws being passed and/or disciplinary action taken against officers who screw up in arresting folks like these guys.

      If you wish to claim your rights, you need to stand up for them.... but don't be an ass about it either. That implies you sit down and take the arrest rather than throw rocks or pull a gun on the officer and hope that the court system straightens things out.

    84. Re:Two separate things here by Teancum · · Score: 1

      Failure to follow unlawful orders can also result in personal consequences in the military. It can also result in the end of your military career, so you need to know when to make that judgement call... if it ever comes up. It isn't an easy thing to decide.

    85. Re:Two separate things here by Teancum · · Score: 1

      Which is why you need to make a judgement call on the issue. If it is something worth standing up for, something that will make life better for your children and grandchildren, perhaps it is wise to "take it on the chin" and take the arrest in protest against the action of that officer as a form of civil disobedience.

    86. Re:Two separate things here by the+eric+conspiracy · · Score: 1

      Conceding your freedoms today may mean you'll be around tomorrow to take them back under circumstances more likely to give you a better chance of winning.

    87. Re:Two separate things here by Anonymous Coward · · Score: 0

      "The fact that an order was unlawfully given is a really good reason to disobey. "

      I don't agree. Disobeying an unlawful order is the right thing to do when obeying would be a serious problem (e.g., in a military situation, if you were unlawfully ordered to shoot innocent civilians). Something that isn't undoable is a good reason to refuse immediately. If getting arrested in a crowd of people or "deleting" files off your camera (which you can probably recover) is all that is going to happen, then I'd say comply temporarily and sort it out in the courts. Spending a night in jail is a lot less harmful than resisting an unlawful arrest and then trying to prove that in court later against the word of a police officer (e.g., one willing to lie, and have their buddies confirm the lie).

    88. Re:Two separate things here by MightyYar · · Score: 1

      And if you actually research it further, you'll find that the only charges he is actually facing is "Resisting arrest". He wasn't cited for failure to disperse.

      My goodness, did you read the link I posted? His words, from the link:

      I was charged with obstruction of justice and resisting arrest without violence, even though the cops wrote that I was “taken into custody without incident” on the arrest report. They also said that I was ordered to leave the area for my "safety."

      Then I learned that the cops screwed up and did not include the statute number for the obstruction charge, so I am now only facing the resisting arrest charge, which seems to be the story of my life.

      So he most certainly was charged with something besides resisting arrest, but the cops screwed up the summons so he got off on a technicality.

      I'm not taking the side of the police here - I just want us to talk about what actually happened.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    89. Re:Two separate things here by The+Wild+Norseman · · Score: 1

      He told his partner "This guy's got an altitude problem."

      So how high were you?

      --
      "A government is a body of people usually -- notably -- ungoverned." -Shepherd Book
    90. Re:Two separate things here by 0111+1110 · · Score: 1

      Yes. Like preserving video evidence of their crimes. Without video evidence you will have no chance of fighting anything in court.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    91. Re:Two separate things here by RubberChainsaw · · Score: 1

      Sqrt(-1) is not irrational. Its not even real. :(

      --
      I welcome our new 99% overlords.
    92. Re:Two separate things here by Anonymous Coward · · Score: 0

      Not every order a police officer issues is a lawful order. Do you think that if a police officer orders you not to exercise your rights, you lose those rights?

      Google 18 USC 242. Then see if you still think that.

    93. Re:Two separate things here by xenobyte · · Score: 1

      Basically there are three variations:

      1) The police rings the bell and are invited in.
      2) The police have a warrant and either ring the bell or kick down the door.
      3) The police have exigent circumstances and they most likely kick down the door. A variant of this have the door left open (which it shouldn't be) when they arrive.

      Combined they make it so that if they want to enter, they can do so regardless.

      It's all too easy to do the following exchange between police partners heard on a crime show: "I think I hear a woman screaming" "Me too" (BLAM! - door getting kicked in). They probably won't do it if they except to find evidence to be used in court, but if they're just looking for someone, all bets are off. After all, a seagull in the distance can always be perceived as a muffled scream so it's an honest mistake...

      --
      "For every complex problem, there is a solution that is simple, neat, and wrong." -- H.L. Mencken (1880-1956) --
    94. Re:Two separate things here by Anonymous Coward · · Score: 0

      The laws for when and under what circumstances police may issue a dispersal order vary from jurisdiction to jurisdiction. They can indeed be lawfully used for mass public gatherings, on public or private property, even in cases where no imminent danger exists. In the case of some of the Occupy camps, municipalities justified removal on the grounds of the camps being a "public nuisance", or a public health hazard.

      Clearly some disagree with these judgments, but once that judgment is made by a duly elected or appointed authority, police may lawfully clear the area. Those who disobey the order would be subject to arrest, and it's not the job of the police to discern whether someone may or may nor be press, affiliated with the camp, an innocent observer, etc. If someone is refusing to obey the dispersal order, they'll be arrested.

      It's that simple. Again, this isn't a value judgment — just the facts.

      Also, following the directions of law enforcement officers is required in many states and jurisdictions, and this isn't a new or recent construct. There are varying degrees, some of which include provisions for presenting identification and similar. It's your opinion, like the submitter's, that this is somehow "illegal". The rule of law doesn't work when individuals get to decide what applies to them on a whim.

      It really depends on WHY the order to disperse was given. If the individual in question is blocking traffic, then an order to disperse is probably legal. But if the reason for the order is to prevent the exercise of civil, statutory or constitutional rights, then by simply verbally stating the order, the officer in question commits a federal crime. Look up Title 18, Chapter 13, Section 242 of the U.S. Code if you don't believe me.

    95. Re:Two separate things here by jcdill · · Score: 1

      "The way these things are best challenged is usually after-the-fact in court. If you want to ignore that and challenge police while they're doing your duty, you'd better have a really good reason."

      There is no way to challenge a police order to stop filming or to disperse *except* to refuse to obey, get arrested, and then argue the validity of the police officer's order in court. So a person can't follow your "best challenged" argument EXCEPT by "ignoring that" and challenging the police.

      Also, you do NOT need a "really good reason" to ignore the order (e.g. a police officer's demand that you stop filming or taking photos). You just have to be right, that the order is an illegal infringement on your constitutional rights. These rights aren't conditional on your having a "really good reason" to expect your rights to not be infringed upon. You don't need to have some reason like "I'm with the New York Times and this is an Important Event that I've Been Assigned to Cover". You can have a reason such as "I'm a citizen of the US. I'm engaging in my constitutional right to take photos in a public space. " While a "really good reason" may also include "My presence here is not disrupting anything except YOUR ability (as a police officer) to wantonly commit acts upon my fellow citizens in a possibly illegal manner, without risk of being caught in the act by my photos." this is not a requirement for being allowed to engage in activities (such as photography in public) that are protected by the constitution.

      --
      "I'd much rather be mistaken as a lesbian by a bigot than be mistaken as a bigot by a lesbian."
    96. Re:Two separate things here by Anonymous Coward · · Score: 0

      Ok, so how about sqrt(-(pi^2))?

    97. Re:Two separate things here by Feyshtey · · Score: 1
      I'm going to give you a link to a video of that entire speech. I'm also going to give you a transcript of the relevent portion. I'd like you to show me where I've lied, or omitted pertinent information that somehow changes the basic meaning of that quote in or out of context. This was a statement by Pelosi during the height of the Healthcare Reform debate, and when the Democrats were going to give less than a week of review for anyone, including the Republicans who needed to vote on it, in order to digest and evaluate over 2000 pages of legislative language, links, double-backs, and loopholes.

      The basic premise here is that you and I are too stupid to understand a bill before its passed. You cant be trusted to read the bill yourself and judge its contents on its merits and then tell your representative whether you desire them to support or oppose the proposed legislation. Its too inconvenient to delay a vote for a whole week so that everyone knows what is being voted on. They would prefer to pass it and you'll find out how it impacts when it actually impacts you and its too damn late for you to do anything about it. It shows the incredible arrogance of the members of Congress, exhibited both by Democrats and Republicans in the House and the Senate. It shows a disrespect for you, for me, for the process, and for the Constitution these knucklehead swore to uphold. You should be just as pissed about that as I am unless you prefer to live in a dictatorship in which your voice has no meaning and you find out how your rights have changed, for better or worse, AFTER they have done so.

      You might trust this President and his administration to make every right choice in your best possible interests. Will you be able to say the same of the next one? Because you're giving that future President just as much power as this one, and you're going to be damn hard pressed to take that power away later when you realize how bad a choice it was to give it away now.

      So, please tell me how this basic premise is somehow dishonestly served by showing the quote that I use as my signature and I will remove it. And as far as calling me a liar goes, you are either willfully ignorant about this speech and its content and have allowed biased media to tell you its all just a lie and that we should all just ignore it, or you are among those that understand how damaging this kind of a statement is and want to help hide it.

      Speech Video:
      http://www.youtube.com/watch?v=nWEeP7bY9Lw

      Transcript Snipit:

      “You’ve heard about the controversies within the bill, the process about the bill, one or the other. But I don’t know if you have heard that it is legislation for the future, not just about health care for America, but about a healthier America, where preventive care is not something that you have to pay a deductible for or out of pocket. Prevention, prevention, prevention—it’s about diet, not diabetes. It’s going to be very, very exciting.

      “But we have to pass the bill so that you can find out what is in it, away from the fog of the controversy. Furthermore, we believe that health care reform, again I said at the beginning of my remarks, that we sent the three pillars that the President’s economic stabilization and job creation initiatives were education and innovation—innovation begins in the classroom—clean energy and climate, addressing the climate issues in an innovative way to keep us number one and competitive in the world with the new technology, and the third, first among equals I may say, is health care, health insurance reform. Health insurance reform is about jobs. This legislation alone will create 4 million jobs, about 400,000 jobs very soon.”

      --
      "But we have to pass the bill so that you can find out what is in it,..." - Nancy Pelosi
    98. Re:Two separate things here by KhabaLox · · Score: 1

      So, he was arrested for disobeying a dispersal order, but he was charged with resisting arrest.

      I do not think you are correct. Again, IANAL, but at least on TV when the cop says, "You're under arrest" the suspect says, "On what charge?" But more importantly, the General Counsel of the National Press Photographers Association seems to think that there is a problem with being charged only with resisting arrest. Perhaps he was arrested on the charge of failing to disperse, but the fact that they are not pressing that charge is the problem?

      --
      Ceci n'est pas un sig.
    99. Re:Two separate things here by Anonymous Coward · · Score: 0

      Incorrect.
        The military has three classes of orders 'legal' i.e "stand guard here", "report to that base" "shoot those gunmen" etc...
      'illegal' orders which you are expected to obey and then report i.e "shine my boots", "help me steal these tires", etc...
      and blatantly illegal orders which you are not to obey and are to stop anyone else from obeying i.e "shoot those prisoners", "help me hold her down while I get her skirt off" etc...

      Basically anything with reversibility consequences even if its an illegal order you obey, anything with irreversible consequences if you think it's an illegal order you don't obey.

    100. Re:Two separate things here by Anonymous Coward · · Score: 0

      The laws for when and under what circumstances police may issue a dispersal order vary from jurisdiction to jurisdiction. They can indeed be lawfully used for mass public gatherings, on public or private property, even in cases where no imminent danger exists. In the case of some of the Occupy camps, municipalities justified removal on the grounds of the camps being a "public nuisance", or a public health hazard.

      ...denying me my right to peaceably assemble. If no imminent danger exists then my constitutional rights trump your wish to not be disturbed by my presence / stick your fingers in your ears, close your eyes and yell LALALALALA when I have a legitimate grievance.

      Clearly some disagree with these judgments, but once that judgment is made by a duly elected or appointed authority, police may lawfully clear the area.

      Clearly some disagree with these judgments, but once that judgment is made by a duly elected or appointed authority that being Jewish is illegal, police may lawfully throw them in an oven.

      Those who disobey the order would be subject to arrest, and it's not the job of the police to discern whether someone may or may nor be press, affiliated with the camp, an innocent observer, etc. If someone is refusing to obey the dispersal order, they'll be arrested.

      It's that simple. Again, this isn't a value judgment — just the facts.

      Also, following the directions of law enforcement officers is required in many states and jurisdictions, and this isn't a new or recent construct. There are varying degrees, some of which include provisions for presenting identification and similar. It's your opinion, like the submitter's, that this is somehow "illegal". The rule of law doesn't work when individuals get to decide what applies to them on a whim.

      Those who won't willingly go to the concentration camps would be subject to arrest. It's not the job of the police to discern whether someone may or may not be having their rights violated. If someone is refusing to come quietly then they will be taken by force. It's that simple. (because we disarmed them)
      Again, this isn't a value judgement, just the way it is. They have the guns and the willingness to use them.
      The rule of law doesn't work when individual officers and prosecutors get to decide who the law applies to and who it doesn't.
      The rule of law doesn't work when nine wolves and one sheep democratically decide what to have for dinner.
      (The rule of law doesn't work . ) FTFMe

      TLDR - "Because it's the law!" is the worst excuse in the world and can be applied to anything that the corporations/Nazi party can shove down our throat.

  3. Answer Is Obvious To Anybody Who Pays Attention by Anonymous Coward · · Score: 0

    Because the police are utterly above the law.

    Now, think about what happens when you make a bunch of people above the law and give them guns. Should we be at all surprised that the Police behave the way they do?

  4. Re:Privilege by loustic · · Score: 0

    Because they need to be able to do it "for your security"...

  5. Why haven't these police officers been arrested? by Anonymous Coward · · Score: 1

    It appears app the American rage was exported to the Greeks and the people of Poland, who stood up to ACTA. American outrage has been downgraded to camping in public places or really really aggressive drum circles.

  6. Injustice Everywhere by Anonymous Coward · · Score: 0

    http://www.injusticeeverywhere.com/

  7. Duh, if you're not a cop you're little people by tekrat · · Score: 5, Insightful

    See Blade Runner.
    The simple reason that police are not arrested for destruction of evidence is that the police enforce the law. And the police cover for each other when they break the law. Therefore the police are above the law.

    I know you like to think you're living in a democratic republic where all are equal under the law, but that's just not the case. And the sooner you learn that, the better off you'll be.

    --
    If telephones are outlawed, then only outlaws will have telephones.
    1. Re:Duh, if you're not a cop you're little people by n5vb · · Score: 4, Informative

      The simple reason that police are not arrested for destruction of evidence is that the police enforce the law. And the police cover for each other when they break the law. Therefore the police are above the law.

      Worth noting the difference between de facto and de jure here. The police are not above the law in a purely de jure sense as there is theoretically some degree of accountability. Practically speaking, in most cases, they are above the law to some extent in a de facto sense, because it's extremely difficult for ordinary citizens to make complaints against them stick in court.

      (Although in most states, the state police do have oversight responsibility over local PD's, and the FBI has oversight responsibility over state and local police. Which is one of many reasons local PD's aren't fond of state police or the Feds. And one reason you do want to be able to find contact info for your state police and FBI in the phone book.)

    2. Re:Duh, if you're not a cop you're little people by Tharsman · · Score: 4, Interesting

      Hmmm I ponder...

      If I make a company on another state, and my equipment belongs to said company... not only that but the equipment is constantly "broadcasting" to a datacenter (so deletions are never actually possible) ... can a savy journalist get the FBI involved since it's a cross-state crime where the local state officer tempred with property of an out-of-state company?

    3. Re:Duh, if you're not a cop you're little people by Thing+1 · · Score: 1

      If I make a company on another state, and my equipment belongs to said company... not only that but the equipment is constantly "broadcasting" to a datacenter (so deletions are never actually possible) ... can a savy journalist get the FBI involved since it's a cross-state crime where the local state officer tempred with property of an out-of-state company?

      Practically, it doesn't matter. Picking your nose is now a federal issue, thanks to the Commerce Clause. So you don't need to set it up in a separate state (and if you're using cloud services, you most likely are doing so regardless, especially if you're thinking DR thoughts).

      --
      I feel fantastic, and I'm still alive.
    4. Re:Duh, if you're not a cop you're little people by Improv · · Score: 1

      Anytime someone says "See $dystopianfiction" for their political points in a discussion, it says something about them.

      --
      For every problem, there is at least one solution that is simple, neat, and wrong.
    5. Re:Duh, if you're not a cop you're little people by Anonymous Coward · · Score: 0

      .. because it's extremely difficult for ordinary citizens to make complaints against them stick in court.

      And even if you do bring them to court, prepare to have your life continually monitored, and probably harassed, by every other officer on the force. The police don't like it when citizens exercise their judicial rights against them, in the very system they're instilled to uphold.

    6. Re:Duh, if you're not a cop you're little people by Anonymous Coward · · Score: 0

      because it's extremely difficult for ordinary citizens to make complaints against them stick in court.

      Actually its extremely difficult for citizens to make complaints period. Arrest, abuse, torture, beating, intimidation, are all COMMON, EVERY DAY events in the US for citizens who attempt to file complaints against police. For some reason people think these events are rare. These events are rare not in the least.

      We literally live in a police state, only the public at large is too stupid and willfully ignorant to see it - and therefore challenge it.

    7. Re:Duh, if you're not a cop you're little people by Anonymous Coward · · Score: 0

      The state police do not have 'oversight' over local PDs and the FBI does not have 'oversight' over the state police. They simply have the power to enforce the law.

    8. Re:Duh, if you're not a cop you're little people by na1led · · Score: 1

      We are all living in some form of Dystopia. If people from 200 years ago could see how we live today, they we think we live in some sick twisted future.

      --
      -- By all means let's be open-minded, but not so open-minded that our brains drop out.
    9. Re:Duh, if you're not a cop you're little people by NormalVisual · · Score: 1

      And even then, there are *many* judges in whose eyes the police can do no wrong. Last year we had a case where a deputy was speeding at more than twice the posted limit (86 in a 40 zone) with no lights/siren towards a non-emergency call, T-boned a car at an intersection, and killed the other driver. Five state troopers testified in court that the accident was the deputy's fault, and that in their opinion she was guilty of the charges against her, and the physical evidence (skid marks and such) was overwhelmingly against the deputy. In the face of that, the judge acquitted the deputy of all the charges without comment. Justice indeed.

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    10. Re:Duh, if you're not a cop you're little people by evil_aaronm · · Score: 1

      Just curious: does this same line of reasoning justify me if I shoot a cop and get away with it? Because from what you wrote, I'm getting the message, "If you don't get caught, it's Ok."

    11. Re:Duh, if you're not a cop you're little people by Anonymous Coward · · Score: 0

      Hmmm I ponder...

      If I make a company on another state, and my equipment belongs to said company... not only that but the equipment is constantly "broadcasting" to a datacenter (so deletions are never actually possible) ... can a savy journalist get the FBI involved since it's a cross-state crime where the local state officer tempred with property of an out-of-state company?

      There are federal laws against the police beating the shit out of you for recording them beating the shit out of someone else.
      So it's already in the FBI's jurisdiction.

  8. What planet r u from? by na1led · · Score: 1

    Obviously - if you need an explanation as to why authorities and Governments don't follow the laws they enforce, you're not living on Planet Earth. Laws are only intended for those who can't defend themselves, or can't enforce the law on those who don’t obey it.

    --
    -- By all means let's be open-minded, but not so open-minded that our brains drop out.
  9. District Attorneys and cops... by Biff+Stu · · Score: 1

    need to work together. That's why we don't see obstruction prosecutions.

    1. Re:District Attorneys and cops... by Feyshtey · · Score: 1

      So conversely thats why we so many police brutality and wrongful arrest prosecutions?

      --
      "But we have to pass the bill so that you can find out what is in it,..." - Nancy Pelosi
    2. Re:District Attorneys and cops... by Hatta · · Score: 1

      One man's "work together" is another mans "conspire to deprive civil liberties under color of law".

      --
      Give me Classic Slashdot or give me death!
  10. because you live in a police state by Anonymous Coward · · Score: 0

    get used to it yankie doodle dandy , your not free any more your property of the corporation...enjoy it as we fight in canada to keep free ....

    1. Re:because you live in a police state by Jesse_vd · · Score: 2

      Ya right because our police are sooo much better!! Good ol' RCMP never gets their hands dirty right?
      Oh wait...

  11. Slouching toward Fascism by ackthpt · · Score: 4, Insightful

    Welcome to the former land of the free and the brave - should we ever again be worthy of that title, we'll let you know.

    We know everything about you and where you live

    --

    A feeling of having made the same mistake before: Deja Foobar
    1. Re:Slouching toward Fascism by ILongForDarkness · · Score: 5, Insightful

      Was america ever worthy of that title? Slavery for the first part of the countries history, women didn't get sufferage until 1919. Blacks were still segregated until the 60's and by then there was the paranoia over the cold war with people getting accused of being a communist (so what if you are?). Perhaps after the wall came down for that 10 years or so people were fine and then 9/11 happened and the US went to a police state. Also when your country has one of the highest incarceration rates you can't really claim to be very free.

    2. Re:Slouching toward Fascism by royallthefourth · · Score: 5, Informative

      Also when your country has one of the highest incarceration rates you can't really claim to be very free.

      It's actually the highest. The highest in any place on the planet at any time in history.

    3. Re:Slouching toward Fascism by Anonymous Coward · · Score: 0

      Yes. We had more freedom and rights than any other country on the planet. It's sad to say that this still might be the case. This country is a shadow of what it once was. The American Republic is falling.

    4. Re:Slouching toward Fascism by Rob+the+Bold · · Score: 2

      Was america ever worthy of that title? Slavery for the first part of the countries history, women didn't get sufferage until 1919. Blacks were still segregated until the 60's and by then there was the paranoia over the cold war with people getting accused of being a communist (so what if you are?). Perhaps after the wall came down for that 10 years or so people were fine and then 9/11 happened and the US went to a police state. Also when your country has one of the highest incarceration rates you can't really claim to be very free.

      But to look at what you wrote a different way, we were making slow progress in the right direction. We weren't perfect, but we used to be striving to be increasingly free both in depth and breadth. That's what I miss, and I guess I'm not brave enough on my own to reclaim.

      --
      I am not a crackpot.
    5. Re:Slouching toward Fascism by operagost · · Score: 1
      You're right! And all this time, the other nations of the world were great bastions of freedom!

      It's called "progress". Everyone looks bad when they're compared to utopia.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    6. Re:Slouching toward Fascism by ILongForDarkness · · Score: 1

      Land of the free isn't "land of the people getting more free". But yeah I'll give you that the US was moving from less free to more free. All I was saying is this magical fairyland that people live in where the founding fathers were perfect and foresaw every possible type of society and picked the best one. Followed by gradual corruption from this perfect country to now is ludicrous. The US was never completely free, there is lots of non-democratic aspects of the country assuming that you hold to the claim that democracy is the best government. For example: electoral college idea vs direct votes, 2 party system, house procedures trumping vote results (a la filibuster) etc are far from perfect implementations of democracy. Segments of society were either not given freedoms (blacks, gays, women) or given citizens rights even when they shouldn't (illegals getting drivers licenses and such when they don't even have a right to be in the country for example). In short the only people that have been relatively consistently treated are white males over 21. Everyone else gets pissed on occasionally.

    7. Re:Slouching toward Fascism by dbc · · Score: 1

      I get your point. But at least freedom used to be a goal. A lot of civil rights litigation and legislation at least moved us from slavery and white-male-landowner voting to equal protection (well, de jure equal protection) and universal sufferage. We have been going seriously backwards pretty much since the Clinton administration. "Land of the Free" is aspirational, which is important in and of itself, and is a worthy goal. Even though it has never been strictly true, and even though it may never be strictly true.

      What upsets me is the current direction. We need to get back on the path of perfecting civil liberties, instead of the current path of continuous encroachment and curtailment. I don't see your taking pot-shots at artifacts of history and complaining about past wrongs as productive. Learn from past mistakes, and contribute to the solution. How much money do you donate to civil liberties litigation foundations? Do you do anything active, other than post to SlashDot, to move civil liberties forward? I have my favorite foundations to send money to for civil liberties causes -- I'll let you chose your own rather than suggest that you copy me.

    8. Re:Slouching toward Fascism by Anonymous Coward · · Score: 0

      Not to be a nitpicker, but "america" really? How about, the "U.S.A". I know lots of people interchange the two, but, if you just say "america", you're really talking about a whole lot of other countries, including the one your *really* mean.

      And "land of the free (from the opression of the King of England) and home of the brave" (for seeking out bold new worlds and killing all the indigenous peoples...)

      Not saying I disagree with some of your comments, although the USA wasn't the only country, nor was it the first country to have slaves.

      But I do have to laugh at your spelling of womens "sufferage" . It reminded me of a Man Show (Jimmy Kimmel and Adam Carolla) sketch about "Women's Suffrage....
      http://www.kontraband.com/videos/12474/Help-End-Womens-Suffrage/

      ***Stopping Rant in...3....2...1....

    9. Re:Slouching toward Fascism by Anonymous Coward · · Score: 0

      I wonder where the US would fall if you included people who were denied their right to keep breathing by repressive governments in the numbers. Saying the US is the worst ever without considering the full range is disingenuous at best.

    10. Re:Slouching toward Fascism by Ironchew · · Score: 1

      In short the only people that have been relatively consistently treated are rich white males over 21. Everyone else gets pissed on occasionally.

      FTFY

    11. Re:Slouching toward Fascism by BenEnglishAtHome · · Score: 1

      Other commenters have already knocked down your strawmen, so I won't bother.

      Your post-9/11 comment is correct and what frightens me is how quickly things can fall apart.

      But about that "land of the free, home of the brave" thing, I think a comment is in order. Yes, the U.S. did deserve that title. For much of U.S. history, if you were brave you were free to just start walking west. You could leave it all behind and look for something new. Scoundrel or do-gooder, it didn't matter, you could walk far enough so that if you survived, you could re-invent yourself as anything you wanted. That requires freedom and bravery and we had both those things.

      Given how poorly I've fit in with this modern world for most of my life, I think if I had been born 100 years earlier I would have started walking west. I might have died within a week. I might have become a cattle baron. No one can know. But for much of the history of the U.S., freedom and bravery were at our core.

      Nowadays, if you're brave, you're liable to have your freedom taken away. The only way to remain free is to eschew bravery.

      It takes a long time for once-great nations to formally dissolve and I probably won't live to see it but I think the conclusion is inevitable. The experiment has failed. The United States is done.

    12. Re:Slouching toward Fascism by dbc · · Score: 3, Interesting

      The US has only existed for 340 years, give or take.

      Umm.... how much are you giving and taking there? I don't think a few colonies of farmers count as "the United States". You might want to review your history and your math. My ancestors came to this continent 378 years ago, but the constitution wasn't ratified until 1788 or 1789. 340 years is a very strange number to pick.

      People tend to pick July 4, 1776 as the start of the United States -- which is itself a bit of an odd choice. The Declaration of Independence was passed on July 2, and some delegates thought that should be the day that was considered the birth of the US. It was signed on July 4, when clean copies were available. It wasn't read in the public square until July 6 -- basically to give all the signers a two day head start out of town on the fastest horse they could find -- signing was a act of treason, punishable by "cruel and unusual" death -- and the court room for the highest court the King had in the colonies was right across the hall from the room they were meeting in.

    13. Re:Slouching toward Fascism by spire3661 · · Score: 1

      I know im gonna catch hell for this, but read what it was like BEFORE America. Id rather be a citizen then a serf, no matter how spun it is.

      --
      Good-bye
    14. Re:Slouching toward Fascism by ILongForDarkness · · Score: 1

      True other places were messed up for most of the US history too. (Us was about 30 years behind the UK/british colonies on the slavery issue, about middle of the pack for womens sufferage (earliest about 80 years prior http://en.wikipedia.org/wiki/Women's_suffrage) mainly nordic, and western europe, and british colonies prior, with others following afterwards. New Zealand (and a lot of the countries in the area) was early but not first from what I found.

      I'll take it the way other responses have that "land of the free" is aspirational versus a definition of the US. All I was getting to in my original post is that the US isn't becoming un-free since it never was, just a matter of degree of freedom. Other places might have been worse (the assumption that everyone else was at least as bad if not worse would need some evidence besides patriotic "USA #1" chestthumping though).

      In general I find most countries have some things right (at least the way I want to live), some things wrong, and somethings that don't really matter to me (gay rights for example, I'm glad they have them where I live, but it doesn't really affect me one way or another as I'm not part of that group). In general unless behavior directly affects someone else I think it should be unregulated, a la, legal prostitution, drugs, gay marriage, abortion, where you can consume alcohol etc. I'm yet to find a country were all the things I think shouldn't matter to the government are not regulated (Holland is probably the closest I've found) but regardless countries are a mixed bag of rights and challenges. None have figured it out yet IMHO.

    15. Re:Slouching toward Fascism by Anonymous Coward · · Score: 0

      Don't forget Alec Guiness (Obi-wan Kenobi), prior to Lucas hiring him for Star Wars he'd been blacklisted in Hollywood for what, 10-20 years for being a member of the communist party? I'm pretty sure the wikipedia entry explains.

      Regardless nowadays most people would regard him as an excellent actor, but thanks to politics he spent a large percentage of his potentially active career blacklisted as a result of the sort of juvenile policies we are seeing re-enacted today.

      Coincidentally, sneaky capitalist that he was: He was the only member of the cast to take a percentage instead of up-front, and thanks to that lived quite well off his stipend of licensing from the movies :)

    16. Re:Slouching toward Fascism by Anonymous Coward · · Score: 0

      Slavery was abolished in most of South East Asia centuries (as in 3rd century BC & 9th century AD). America did take forever (and had to fight a war) to embrace it.

    17. Re:Slouching toward Fascism by ILongForDarkness · · Score: 1

      West to where? My understanding is until ~1850's most "west" wasn't really US at all: http://en.wikipedia.org/wiki/File:U.S._Territorial_Acquisitions.png . If you had to leave the US colonies to be free pretty much what you are saying is that people were free as long as the moved to somewhere that the government wasn't yet established. It's not exactly a great recommendation of the US collectively representing "land of the free" if you have to leave it to be free ;-)

    18. Re:Slouching toward Fascism by Anonymous Coward · · Score: 0

      you forgot to mention the genocide of native americans

    19. Re:Slouching toward Fascism by ILongForDarkness · · Score: 1

      Didn't know that about Alec. Interesting. You always could find a group to belong to in the US to have your rights stripped from you. You could be too black, too woman, too socially progressive, too rich, too poor etc. You're "free" as long as you are a reasonably good clone of the ideal middle class, conservative christian majority. Step outside of that at look out. How a democracy can (and the US wasn't alone with this but the McCarthy is the most well known commie witch hunt) decide that any ideas outside of representative politics ist Forbodden is beyond me. Freedom has to include freedom to do something you don't agree with as long as it doesn't affect the collective society IMHO.

    20. Re:Slouching toward Fascism by tragedy · · Score: 1

      Within _a_ century, not the same century.

    21. Re:Slouching toward Fascism by CanHasDIY · · Score: 1

      I wonder where the US would fall if you included people who were denied their right to keep breathing by repressive governments in the numbers.

      Dead != in prison, which is the specific attribute being discussed. Thus, your quandary is non sequitur.

      Saying the US is the worst ever without considering the full range is disingenuous at best.

      They never said the US was "the worst," you did. Parent merely pointed out that we have the highest incarceration rate in the world, which is a fact; 1 out ever every 32 Americans is in prison.

      Now, if you wouldn't mind standing still, we've dispatched the Hyperbole Police to your location.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    22. Re:Slouching toward Fascism by CanHasDIY · · Score: 4, Informative

      1 out ever every 32 Americans is in prison.

      Clarification: in prison, on parole, or on probation.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    23. Re:Slouching toward Fascism by the+eric+conspiracy · · Score: 1

      The Continental Congress was holding regular sessions in June 1776 (and prior over a year prior). That to me is a United States. One of my relatives was President of this Congress, His job was in part gathering resources from states in order to supply the Continental Army (founded by an act of said Congress on June 14 1775) which a few months earlier had forced the British to withdraw from Boston (look up the Siege of Boston).

      If I was going to pick a date it would be the first session of the Continental Congress which was September 5, 1774.

    24. Re:Slouching toward Fascism by sunking2 · · Score: 1

      One could argue that this only shows that people can't handle freedom.

    25. Re:Slouching toward Fascism by Anonymous Coward · · Score: 0

      America's age really has little to do with it. It's not like the country was founded by cavemen who had to start off inventing fire and managed to progress to liberating the slaves in a few hundred years.

      If I went off today and founded a new country where all non-whites were slaves, then a year from now I abolished slavery of latinos (but not everyone else), would you say that my country was the most advanced of any country in history because it only took one year of existence to begin to abolish slavery?

    26. Re:Slouching toward Fascism by Terrasque · · Score: 1

      Well, technically, Norway got its constitution in 1814, and can thus arguably be said to be younger.

      Care to compare peni..errr democracy and freedom?

      --
      It's The Golden Rule: "He who has the gold makes the rules."
    27. Re:Slouching toward Fascism by Anonymous Coward · · Score: 0

      Women weren't the most democratically neglected segment of the population. Consider: suffrage wasn't extended to most Native Americans until 1948.

      As for slavery, America was well behind the rest of what we now call the First World in abolishing it. Indeed, a rising tide of anti-slavery feeling in Britain in the 1770s was one of the prime motivators for the Declaration of Independence - farmers like the Jefferson and Washington families didn't want to have to do without slave labor.

    28. Re:Slouching toward Fascism by Anonymous Coward · · Score: 0

      Because communists tended to be part of Fifth Columnist movements to force takeovers of countries. That's why people hate Commies.

    29. Re:Slouching toward Fascism by ILongForDarkness · · Score: 1

      As opposed to attacking a country and then permanently leaving "advisors"/bases behind?

  12. duh? by v1 · · Score: 4, Insightful

    Why haven't these police officers been arrested?"

    You must be new here? they're cops , everyone knows cops don't like to arrest other cops. And DA's don't like to charge cops unless there's a public outcry. And their sergeants usually give even the dirtiest of cops "their full support", even when there is public outcry. Most of the time they just get some paid vacation for their bad behavior. It's no wonder it just doesn't stop. When's the last time you saw a cop get suspended instead of "placed on administrative leave"?

    --
    I work for the Department of Redundancy Department.
    1. Re:duh? by Anonymous Coward · · Score: 1

      And DA's don't like to charge cops unless there's a public outcry.

      With the way our justice system works, a prosecuting a cop can have unfortunate side effects, because every case that cop has worked on is now up for review, and every competent defense attorney is jumping at the chance. Theoretically, this is a good thing, because nobody knows what potentially got perverted by a dirty cop.

      In reality it means that if the sergeant that sat at the same desk for 12 years handling bookings has one bad day and gets a DUI, there are two choices: let the cop quietly retire early, or clog up the DA's office for months and possibly reverse hundreds of legitimate convictions.

      Sometimes perfectly honest DAs with no love for the police have to chose the lesser of two evils when it comes to letting cops off the hook for certain offenses. There are not unlimited resources to deal with everything.

    2. Re:duh? by Ambiguous+Coward · · Score: 1

      So you're saying cops shouldn't be responsible for the crimes they commit because it's inconvenient?

      --
      Their may be a grammatical error, misspeling, or evn a typo in this post.
    3. Re:duh? by Anonymous Coward · · Score: 0

      Like priests raping alter boys, everyone knows it but nothing changes... except the former is changing isn't it?

  13. Because cops enjoy protected status. by wbr1 · · Score: 4, Interesting

    That's illegal. Why haven't these police officers been arrested?"

    Cops get let off all the time, some examples: http://bit.ly/dWV5ab
    This cop is not suffering from dementia, they showed him on the TV afterwards walking, talking, and smiling. In addition, it is typical in VA to be held indefinitely if your are unable to stand trial, as VA has no insanity defense.

    Remember the Katrina shootings: http://www.huffingtonpost.com/2012/01/27/mistrial-declared-in-katrina-shooting_n_1239525.html
    After enough mistrials, the case will likely be quietly dropped as the public forgets. Shit it has been 7 years already.

    Do I really need to mention the Rodney King riots?

    --
    Silence is a state of mime.
    1. Re:Because cops enjoy protected status. by Anonymous Coward · · Score: 0

      Your comment isn't backed up by the article, five have been sentanced already ....

    2. Re:Because cops enjoy protected status. by Lehk228 · · Score: 1

      Ongoing coverage of such things http://www.injusticeeverywhere.com/

      --
      Snowden and Manning are heroes.
  14. Same reason DAs are almost never prosecuted by Anonymous Coward · · Score: 0

    They're part of the system, and people in the system would rather allow some egregious behavior than ruffle the feathers of their co-workers. So DAs prosecute cases they know to be based on false evidence or even where no crime has been committed, police lie and break laws in the course of their job, and the only time it ever is in question is if the media storm is around it is big enough. This is why I almost always feel comforted when people protest police crimes that are glossed over, even when they themselves overstep their bounds. (I do not, however, support thugs or looters who take advantage of the situation.) Otherwise you get things this.

    1. Re:Same reason DAs are almost never prosecuted by Anonymous Coward · · Score: 0

      Simply put, they're defended by "tough on crime" conservatives who think that the truth and the Constitution are overrated and that whiny "libtards" should just shut up and take their curbstomping so they don't have to waste their tax dollars defending their jackbooted heroes.

  15. Most Commonly Encountered Criminal Organization by Agent0013 · · Score: 1

    It is examples like this that reinforce my belief that the police are the most likely criminals that I will encounter. When I read in the paper about police shootings, I rejoice inside. If they break the law, they are criminals. If the law does not hold them accountable for their crimes, then vigilante justice is the only justice we can get.

    --

    -- ssoorrrryy,, dduupplleexx sswwiittcchh oonn.. -Quote found on actual fortune cookie.
  16. Crimes Code Origin by DaMattster · · Score: 4, Insightful

    Other than the basic tennents that we agree are fundamental crimes like theft, robbery, and murder a lot of the other behaviors that were criminalized were done in the interest of controlling the poor. The foundation of the anti-drug laws in America were all about fear of the poor, immigrant labor. Opium was originally outlawed simply because of the Chinese labor building the Union Pacific Railroad. Since more and more behavior is becoming criminalized and there is greater pressure on police to make arrests, we need ways of keeping government honest. The video as a standard of truth then becomes increasingly imporant in guarding a person's civil rights.

  17. citizen's arrest? by Anonymous Coward · · Score: 2, Informative

    I don't envy the person who'd try this, but American citizens do have the power to arrest lawbreakers. So who's got the balls to arrest a cop, and what would it take to do it?

    1. Re:citizen's arrest? by ClioCJS · · Score: 1

      About 4 years in jail.

      --
      -Clio
      Karma: Bad (mostly from not giving a fuck)
      Blog: http://clintjcl.wordpress.com
    2. Re:citizen's arrest? by TheLink · · Score: 1

      4 years in jail? I thought it'd be more like 6 feet under.

      Assuming your body is found of course.

      --
    3. Re:citizen's arrest? by ThatsMyNick · · Score: 1

      Too bad in Florida, you can you make a citizen's arrest only for felonies (like in most other states) and none of the crimes committed here are felonies.
       
      And you better be pretty sure he committed a felony (or atleast you should have good reason to believe so), if not you can be charged with multiple assault/disarming/kidnapping/obstructing state/federal charges.

  18. It's quite simple... by Jason+Levine · · Score: 5, Insightful

    If the photographer/journalist committed a crime, then the photos/video shouldn't be deleted as it is evidence.

    If they didn't commit a crime, then the photos/videos shouldn't be deleted since the they were engaging in a legal activity.

    If a police officer (or worse, security guard) orders you to or seizes your camera to delete a photo/video you've taken, they are either destroying evidence, infringing on your civil liberties, or both.

    --
    My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    1. Re:It's quite simple... by Anonymous Coward · · Score: 0

      If it's a security guard with no police involvement at all, and without being a cop of some kind, you can tell them to fuck off - results varying - since they aren't cops and lack the authority of actual officers.

  19. Re:Why haven't these police officers been arrested by n5vb · · Score: 4, Insightful

    American outrage has been downgraded to camping in public places or really really aggressive drum circles.

    Because here in the USA, if you do much more than that without really covering your ass, you become a "terrorist" and a guest of the government down in Gitmo. Dissenting speech is only "free" in theory here .. for all practical purposes, it might as well be illegal for all that you get to exercise it.

    And never underestimate the teaching power of a public (and clearly nonviolent) drum circle in certain places at certain times .. ;)

  20. 'resisting arrest' by wisnoskij · · Score: 3, Informative

    "How can a journalist be charged with 'resisting arrest' when he was not being arrested for anything other than resisting arrest?"
    I believe that resisting arrest is an umbrella term that can apply by itself.
    If a cop is legally pulling you over to simply check if you are intoxicated (etc) or just asking to talk to you on the street and you run away then legally you are resisting arrest even though you where not being arrested in the first place.

    --
    Troll is not a replacement for I disagree.
    1. Re:'resisting arrest' by Anonymous Coward · · Score: 0

      a Terry Stop is not an Arrest, you can refuse the Frisk, when they ask if they can search you, and you can leave at any time UNTIL they say that you cannot leave, at that point you are under arrest. (FWIW, arrest has nothing to do with handcuffs), If you attempt to leave after the LEO has stated that you cannot, then you would be resisting arrest.

    2. Re:'resisting arrest' by forkfail · · Score: 1

      So, then - what differentiates between one being in a state of resisting and not?

      Because it sounds like one always is given your definition.

      --
      Check your premises.
    3. Re:'resisting arrest' by Anonymous Coward · · Score: 1, Funny

      a Terry Stop is not an Arrest, you can refuse the Frisk, when they ask if they can search you, and you can leave at any time UNTIL they say that you cannot leave, at that point you are under arrest. (FWIW, arrest has nothing to do with handcuffs), If you attempt to leave after the LEO has stated that you cannot, then you would be resisting arrest.

      You misspelled "PIG" as "LEO".

    4. Re:'resisting arrest' by wisnoskij · · Score: 1

      You are in a state of resisting if you are resisting.
      You do not have any rights to ignore any legal orders given to you by a police officer.

      --
      Troll is not a replacement for I disagree.
    5. Re:'resisting arrest' by _8553454222834292266 · · Score: 1

      If a cop is legally pulling you over to simply check if you are intoxicated

      Are there now states where they can pull you over with no probable cause just to check for crimes? Or did you mean sobriety checkpoints, which are basically the same thing? Glad I live in a state where they aren't illegally doing those things yet.

    6. Re:'resisting arrest' by Anubis+IV · · Score: 2

      IANAL, but I believe you missed something crucial in your story: the fact that the officer has a reason to arrest the person fleeing. If a cop pulls you over or detains you, you have been given an order to stop and remain at a place. Fleeing from that place is a failure to follow an order, which can be cause for arresting someone. So, at that point, you could be arrested on a charge other than resisting arrest. When all of the charges against you are later brought, they may tack resisting arrest onto disobeying an order, but it can't stand by itself.

      That's almost the exact opposite of what happened here.

      The law on the books in Florida is:

      Resisting without violence is governed by Florida Statutes 843.02 and requires proof of resisting, obstructing, or opposing a law enforcement officer performing a “lawful execution of any legal duty”. Therefore, lawful arrest is an element that the State must prove in order to establish that the defendant resisted arrest without violence.

      While you could make a case that the journalist failed to follow orders (the legality of which have been called into question), the journalist was never charged with doing so. Since they're not claiming he was violent, and they're not charging him, I fail to see how a lawful arrest could have taken place (again, IANAL). And without a lawful arrest, he couldn't have resisted arrest.

    7. Re:'resisting arrest' by wisnoskij · · Score: 1

      "And without a lawful arrest, he couldn't have resisted arrest."
      No, potentially in Florida law, but in general "Resisting Arrest" is synonymous with "Resisting an Officer" and does not require a separate reason to arrest someone (simply that a citizen did not follow the orders of an officer).

      From your own words: "Resisting without violence is governed by Florida Statutes 843.02 and requires proof of resisting, obstructing, or opposing a law enforcement officer performing a “lawful execution of any legal duty”."

      Legal duty, not just arresting but resisting anything the officer does to you that is legal for him to do.

      --
      Troll is not a replacement for I disagree.
    8. Re:'resisting arrest' by Anubis+IV · · Score: 1

      I was about to argue, but now that I actually went and looked up the details, it looks like you're correct, at least for Florida. In Florida the laws are ambiguous enough that, just as you said, an arrest does not need to be taking place in order for a person to be charged with "resisting without violence", which seems to have been the charge here. There also appears to be past precedent for this sort of thing happening.

      The full law on the books is as follows:

      843.02 Resisting officer without violence to his or her person.

      Whoever shall resist, obstruct, or oppose any officer as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9); member of the Parole Commission or any administrative aide or supervisor employed by the commission; county probation officer; parole and probation supervisor; personnel or representative of the Department of Law Enforcement; or other person legally authorized to execute process in the execution of legal process or in the lawful execution of any legal duty, without offering or doing violence to the person of the officer, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

      That said, it's still predicated on two ideas:
      1) That the officer was executing a lawful action
      2) That the person resisted the officer

      From what the article indicated, the video that he's recovered backs up his claim that he was not resisting them. And regarding #1, there have been questions about the legality of the officer's actions in dispersing the crowd there due to various jurisdictional and rights issues. If their actions were not shown to be lawful, or the journalist wasn't resisting them, the charge of resisting shouldn't stand.

      That said, I now do agree with your stance that, at least in Florida, a person could be charged with resisting without being arrested on another charge. That said, I still disagree with your example of a person fleeing from a stop, since they could be arrested otherwise.

    9. Re:'resisting arrest' by ArsenneLupin · · Score: 1

      Because it sounds like one always is given your definition.

      That is the whole point...

  21. 3G or whatever tethering? by Anonymous Coward · · Score: 1

    You'd think in this day and age, someone would have a memory card that's really a 3G or whatever tether - as you take photos, the photos are sent to a server somewhere wirelessly

    It doesn't even have to be "real" time at 10fps or anything like that - it could be done while the camera is idle or even a grip type of product with it's own processor and buffer and whatever to send it to a designated online "cloud" or whatever.

    Anyone who says it can't be done has no imagination.

    1. Re:3G or whatever tethering? by bickle · · Score: 1

      www.eye.fi
      Keep a laptop nearby and have all the media transmitted wirelessly to it.

    2. Re:3G or whatever tethering? by spire3661 · · Score: 1

      Iphone to photostream too. You can also 'direct mode' eye-fi right to iOS or android devices.

      --
      Good-bye
    3. Re:3G or whatever tethering? by devilspgd · · Score: 1

      These are all wifi-only solutions though, not 3G capable options.

      --
      Give a man a fish, he'll eat for a day, but teach a man to phish...
    4. Re:3G or whatever tethering? by spire3661 · · Score: 1

      The Eye-fi card 'direct modes' into the my iphone via wifi and then uploads to my photo stream via 3G

      --
      Good-bye
    5. Re:3G or whatever tethering? by devilspgd · · Score: 1

      Except that photo stream only uploads via wifi, not 3G.

      --
      Give a man a fish, he'll eat for a day, but teach a man to phish...
    6. Re:3G or whatever tethering? by spire3661 · · Score: 1

      While you are right in principle, there ARE 3g uploading solutions for iphone, (Qik.com comes immediately to mind) PLUS a jailbroken iphone can spoof that it is on wifi and upload to photostream over 3G

      --
      Good-bye
    7. Re:3G or whatever tethering? by devilspgd · · Score: 1

      My point was that it's not as simple as it could or should be (for a typical end user) to have all of their photos saved somewhere safe in real time.

      Photo Stream also shows up in a fairly obvious way on the device (in the same place as the photos themselves) and might be known to a police officer, so it would be a bit difficult to conceal, which in my mind, at least partially defeats the purpose.

      On the other hand, it sounds like the next Dropbox version (and likely other apps, Qik might be one) will have the option to automatically upload all new photos upon launch, and continue doing so in the background, so as long as you have a bit of time between when you take a photo and when your device is confiscated, you can start the upload process with one touch of a button.

      I rather like the idea of the cop not being aware of it, so that they feel they're free to lie on the police report without being aware that evidence is available. Nothing against cops, but if they're willing to cover up evidence and lie, the idea of making their lives more difficult makes me smile.

      --
      Give a man a fish, he'll eat for a day, but teach a man to phish...
  22. As the public records more the laws have to adjust by JTsyo · · Score: 1

    With most cellphones now having a video camera, it'll be more likely that police will be recorded during an incident. I'm sure most feel that this is legitimate and the courts say the same thing. Cops are going to have to learn to live with it. Hopefully it'll cut down on abusive police practices.

  23. Head's hurting by Compaqt · · Score: 5, Funny

    1 "You're under arrest"

    2 "For what?"

    3 "For resisting arrest"

    4 "Arrest on what charge?"

    5 "Resisting arrest." GOTO 1

    ?@#! Calls for an xkcd.

    --
    I'm not a lawyer, but I play one on the Internet. Blog
    1. Re:Head's hurting by Anonymous Coward · · Score: 0

      If I was a judge, any case that had the phrase "resisting arrest" in the report would automatically be dismissed.

    2. Re:Head's hurting by Stormtrooper42 · · Score: 2

      OK, OK, here I am.
      See, I'm not resisting.
      .
      .
      .
      .
      .
      Excuse me, officer, what was I arrested for, again?

    3. Re:Head's hurting by Anonymous Coward · · Score: 0

      any time you are told to move or not move by a cop, he is arresting you. they don't have to say "you are being placed under arrest." the act of being restrained or forced to move is the act of arrest.

    4. Re:Head's hurting by spire3661 · · Score: 5, Informative

      Thats why you ask.

      1. Am i being arrested?

      2. Am i free to go?

      --
      Good-bye
    5. Re:Head's hurting by DaveV1.0 · · Score: 1

      A seizure or forcible restraint; an exercise of the power to deprive a person of his or her liberty; the taking or keeping of a person in custody by legal authority, especially, in response to a criminal charge.

      One can be arrested by being taken into custody. One does not have to be taken to jail or even charged with a crime. Simply saying "You. Stay where you are. I want to talk to you about what has happened" is enough to be considered arrest because the liberty of the person address has been removed. By attempting to leave, one is resisting arrest.

      --
      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
    6. Re:Head's hurting by Rene+S.+Hollan · · Score: 4, Informative

      Odd, I once commented, with some indignation, that I was annoyed that a police cruiser was parked in a supermarket lot, with no one inside, and the engine running. I think I said, (of the non-present cop), "What an idiot! Leaving the car running like that!". It was an opinion.

      Well, said "idiot" appeared, and asked me if there was a problem. I responded (politely) that I found it annoying that one would leave a car, with its engine running, like that. He informed me "It's the law". I didn't know if such police protocol was actually dictated by statute or not, so chose not to disagree. I STILL think it is idiocy, whether required by statute, or not. Officer "idiot" was in the way of my path, so I asked him, "Am I under arrest?" He replied, "No." I then asked "Am I free to go?" I was THEN told "No," and detained in the back of the running crusier while he conferred with his partner to determine if I should be arrested. I was warned that "next time", I'd be arrested for "disorderly conduct", and released.

      So, now expressing an opinion in public is "disorderly conduct". I was not in "anyone's face", blocking anyone's path, or following anyone to express my opinion to them: I looked, spoke my mind, and kept on my way.

      --
      In Liberty, Rene
    7. Re:Head's hurting by mark-t · · Score: 1

      And if the answers are 1: yes, and 2: no, what do you propose, when simply asking what you're being arrsested for constitutes sufficient delay that you are resisting arrest?

    8. Re:Head's hurting by Anonymous Coward · · Score: 0

      Add to that, anytime an officer "asks" you for anything, it should be clarified:

      "Is that a request, or an order?"

      So when the conversation is like this:

      Cop: "Do you know why I stopped you?"
      You: "Are you requesting that I tell or, or is that an order?"

      or

      Cop: "There is nothing illegal in your car, you don't mind if I search it, right?"
      You: "Is that request or an order?"

      For one thing, they really hate it. It cuts through the B.S. It also makes it very difficult for them to say you waved rights or that they had probable cause ex post facto.

      In one case I was involved with, an officer tried to claim that he had probable cause, after previously admitting that he was asked if a request to perform a search was a request or an order. It was relatively easy to throw that in his face - if he had probable cause, he wasn't required to ask and he wasn't required to say "a request" in response.

  24. Photojournalists already know the tricks by elrous0 · · Score: 3, Informative

    Most decent photojournalists know every slight of hand and trick in the book when it comes to keeping the material, especially those who are used to working in corrupt countries. A little sleight-of-hand and the cop is smashing a blank tape, confiscating a blank hard drive on a different camera, or ignoring the memory stick the report has under his tongue.

    --
    SJW: Someone who has run out of real oppression, and has to fake it.
    1. Re:Photojournalists already know the tricks by Pi1grim · · Score: 1

      The point is not to go into guerilla war with your police, but to control it. The state was created in order to serve people and police was created to enforce common rules for everyone regardless of their position or income. I'm quite aware, that cops are prone to bending the rules, but it is up to the public to keep them in check and remind from time to time about the nessesity to follow the rules they protect.

    2. Re:Photojournalists already know the tricks by 0111+1110 · · Score: 1

      I'm quite aware, that cops are prone to bending the rules, but it is up to the public to keep them in check and remind from time to time about the nessesity to follow the rules they protect.

      Bending? You mean breaking I think. Neither the police themselves, nor the prosecutors, nor the judges hold police officers responsible for their actions. They can literally do anything they want including murder.

      Since prosecutors aren't willing to charge them and judges aren't willing to find them guilty or sentence them, there is no way to stop their out of control behavior within the law. The only thing that might help would be secret citizen death squads. Whenever any cop is even accused of a crime they are assassinated. That might motivate some of them to behave a bit more like civilized human beings instead of animals.

      So for deterring their bad behavior only death squads might have any chance of working. In terms of protecting the victims of the police thugs, requiring video recording of any contact with a suspect would certainly be a good start. And the remote footage would have to be stored out of the hands of law enforcement completely so that they can't just delete it every time it records police crimes.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
  25. A new way to record the police by Anonymous Coward · · Score: 0

    A lot of activists are using UStream to stream the video of the questionable event to UStream servers, act like they delete the video on the phone when confronted by police and just reupload it on YouTube when they get home, sometimes fresh from jail. How would a cop know if you streamed it to UStream?

  26. More guns than they have by tekrat · · Score: 4, Insightful

    You cannot arrest a cop. You can try, but he'll hit you with his billy club, or taser you, or shoot you, because he feels he's in the right and you're the perp, and nothing you do will change that. The more you try and arrest him, the angrier he'll get.

    So, it comes down to numbers. He'll call for backup to take you down. You then need to have enough backup to take him and his backup down. So, they'll call for more backup, and it will simply escalate until it's a full-blown shooting war and the national guard is involved.

    Ever see 5 police cars to pull over 1 guy? Ever see 30 cops questioning one dude in the subway?

    Cops use overwhelming force to take down a perp. So unless you have a significant army at your disposal that can outgun, essentially, the entire police force, and possibly even the SWAT teams, the National Guard, the FBI and the Department of Homeland Security, you can't arrest a cop.

    How'd that work out for those Branch Dividians?

    --
    If telephones are outlawed, then only outlaws will have telephones.
    1. Re:More guns than they have by rthille · · Score: 2

      A backpack nuke with a deadman's switch should work...

      --
      Awesome furniture, accessories and cabinetry in Santa Rosa, CA: http://humanity-home.com/
    2. Re:More guns than they have by ShooterNeo · · Score: 1

      That would not end peacefully. The counter to a backpack nuke would be to hit the location where the nuke is with a large enough explosion to disable the nuke, before it can go off.

    3. Re:More guns than they have by Snowdog · · Score: 1

      This is part of the reason that Anonymous is as important as they are -- they represent an (all-too-rare) new route through which the general populace may upon occasion stand up to the power of the authorities.

    4. Re:More guns than they have by rthille · · Score: 1

      For a backpack nuke, I doubt you could shield it well enough, but a van with some good armor and some sensors should be enough to trigger the nuke before it could be disabled. Even with the backpack nuke, you might be able to use photo sensors to detect the explosion before the blast wave got there and trigger it...

      --
      Awesome furniture, accessories and cabinetry in Santa Rosa, CA: http://humanity-home.com/
    5. Re:More guns than they have by ShooterNeo · · Score: 1

      My point is, the authorities are not going to negotiate if they think their chance of destroying the nuke is higher than the bomber's chance of setting it off is. Well, mostly, big institutions and/or authority figures like to minimize risk they can be blamed for. Since doing something to disable the nuke is rolling the dice, they would avoid rolling the die unless they felt there were no other options.

  27. When I take pictures on my phone by Gonoff · · Score: 0

    Any picture I take is uploaded. I do it because the app (www,photoshop.com) I installed has the option. If I was a news photographer, I would do this. They won't be using a phone but I have heard of SD cards that can do this.

    --
    I'll see your Constitution and raise you a Queen.
  28. Learn your Katrina history by Bayoudegradeable · · Score: 5, Informative

    Remember the Katrina shootings: http://www.huffingtonpost.com/2012/01/27/mistrial-declared-in-katrina-shooting_n_1239525.html After enough mistrials, the case will likely be quietly dropped as the public forgets. Shit it has been 7 years already.

    Please don't make comments if you don't know what you are talking about! (oh, wait, this is slashdot...) And forget?? Where you live 'people' might forget but here in New Orleans we forget very, very little of Katrina. Officers that did the shooting have been convicted and sentenced. The mistrial you point out is for one officer who was on the cover up side. Dugue was not even involved in the shooting. Please don't spread ignorance. (and don't back-peddle saying it was the cover-up dude getting off. He's not off, there's just been a mistrial)

    --
    Sig Registration Form 34c_766(a) submitted to Ministry of Signature Management. Approval pending.
    1. Re:Learn your Katrina history by wbr1 · · Score: 1

      I don't have to back peddle, I have family that has lived and is considering moving back to the big easy. I know who has been convicted. Perhaps my blanket statement was sensationalist, and for that I apologize as I dislike sensationalism. But, the argument still holds. Here is a cop, that like many other cops who commit crime, is going to get of scott free, or if not get off easy.
      And yes, I have no love for cops, but I hope the ability to film them in their misdeeds changes some things. My grandfather was shot and killed by an officer that had a known grudge against him. It was not a clean shoot by any stretch of the imagination, but being a small town, and my grandfather not being a peach (he was quite the drunken arse), nothing ever happened to the officer in question. It was just quietly swept under the rug.

      --
      Silence is a state of mime.
  29. Instant Online by Anonymous Coward · · Score: 0

    You know what we need? A camera that immediatly uploads a med-res version of what is shot/filmed in real time. Even if the high quality material is confiscated (together with the camera), the stuff that was filmed would still be alive. Oh, and some cop confiscating and probably doing stuff in addition he does not want out there as well.

    I am not against policemen but I'm very for watching the watchers. If the modern technology allows "the people" to do it... why not?

    1. Re:Instant Online by Anonymous Coward · · Score: 0

      "You know what we need? A camera that immediatly uploads a med-res version of what is shot/filmed in real time."

      We call that a fucking iPhone.

    2. Re:Instant Online by evil_aaronm · · Score: 1

      Funny. "Fucking iPhone" doesn't show up on store.apple.com. Is that a special "OEM model" or something?

  30. Arresting arguments by G3ckoG33k · · Score: 1

    Arresting arguments, that is why the police is above the law

  31. Am I the only one? by thesandtiger · · Score: 5, Insightful

    Am I the only one who thinks, in this day and age of easy video & audio recording, that ANY interaction police have with ANYONE for ANY reason (in an official capacity or as "an off duty police officer" responding to something) should be required to be recorded by the police themselves or "it didn't happen"?

    Traffic stops, parking tickets, entering homes - ANYTHING - get it all on video and audio and require that said videos be made available for all parties privy to that.

    Were I in charge of the world, that's one of the first things I would do - require all law enforcement people to wear video and audio recording devices at all times, even inside of their offices etc.

    It should be a no brainer that civilians should be able to record any interaction they have with police, of course. I can't think of a single reason why it shouldn't be.

    --
    Since I can't tell them apart, I treat all ACs as the same person.
    1. Re:Am I the only one? by dbc · · Score: 1

      Didn't the Brits try helmet cams on constables?

    2. Re:Am I the only one? by Anne+Thwacks · · Score: 2

      I think the cams were actually on sharks.

      --
      Sent from my ASR33 using ASCII
    3. Re:Am I the only one? by Imrik · · Score: 2

      They already do audio around here, but last case I heard of police misconduct the audio was unavailable to the public until you do x, y, z by which time it had already passed the 2 weeks they keep the recordings for if there's no case associated.

    4. Re:Am I the only one? by Anonymous Coward · · Score: 0

      We sure did. And wouldn't you know, whenever anyone complained about their treatment, it turned out the camera was malfunctioning that day, or the footage had been accidentally wiped or lost.

    5. Re:Am I the only one? by devilspgd · · Score: 1

      That sounds like a reasonable system. You just need to add destruction-of-evidence charges, or at least a court presumption that whoever destroyed the evidence did so to their benefit, and hence, the other party's sworn testimony should be used in place of the evidence.

      In other words, if the police fail to retain evidence collected, assume that whatever the other party swears was captured is true.

      If the police don't like it, they can retain the evidence.

      --
      Give a man a fish, he'll eat for a day, but teach a man to phish...
    6. Re:Am I the only one? by Imrik · · Score: 1

      Who do you charge with destruction when it was an automated process that just deletes any files that are older than a certain age that haven't been flagged for retention?

    7. Re:Am I the only one? by devilspgd · · Score: 1

      Whoever set the process in motion, as well as everyone who could have reasonably been expected to know that the evidence should be retained.

      --
      Give a man a fish, he'll eat for a day, but teach a man to phish...
    8. Re:Am I the only one? by thesandtiger · · Score: 1

      Not only that, but also I would advocate dismissing evidence that was obtained where the whole process of discovery and analysis isn't recorded.

      Find a bloody fingerprint that matches a suspect and is made in the victim's blood? You'd better have recordings of you finding it and all officers involved in looking for evidence at the scene from the time the call came in until the analysis comes back positive as well as all labwork, the storage unit for the sample etc., or it won't count.

      My standpoint on all of this is that people who commit crimes should be punished, but also that, given the state of prisons in the US, we should make DAMN sure that people actually did do what they're accused of before we convict.

      If the police were able to adapt to this - to have iron clad and unimpeachable chain of custody for evidence as well as recordings of all interactions with suspects, all the suspect's time in jail or holding, and all other facets of the case, that would do MUCH more good than the current system, for sure.

      --
      Since I can't tell them apart, I treat all ACs as the same person.
    9. Re:Am I the only one? by jyx · · Score: 1

      Sounds like a good idea and I'm all for it, but the cost and logistics involved of storing, indexing & maintaining the ooglebytes of data would quickly destroy the meager regional/local Police IT budgets.

    10. Re:Am I the only one? by thesandtiger · · Score: 1

      Make it national rather than regional - no reason to duplicate resources.

      --
      Since I can't tell them apart, I treat all ACs as the same person.
  32. Re: Judges ruling by Anonymous Coward · · Score: 4, Insightful

    All judges make rulings on law. If the ruling take precedence, then it is in effect a new law. It is the basis of our judicial system. I.e. trial court, to intermediate appellate court, to highest appellate court.

    It doesn't matter if a Judge is good or bad; new law through judicial interpretation is going to happen in our system. If the legislature doesn't like the ruling, they have the power to change the law.

    Learn about our legal system; don't just think that only 'bad' judges make new law through rulings.

    Disclaimer: I AM a lawyer; but I'm NOT your lawyer.

  33. OEM challenge by RobertLTux · · Score: 1

    create a smallish video camera that includes a cell/wifi transceiver so that when it records the recording goes both to the local storage and N different "Cloud" services.

    a LEO wants to try to prevent something from being seen?? OOPS its already on Youtube and N other services so now he needs to get a court order.

    --
    Any person using FTFY or editing my postings agrees to a US$50.00 charge
    1. Re:OEM challenge by BradleyUffner · · Score: 1

      create a smallish video camera that includes a cell/wifi transceiver so that when it records the recording goes both to the local storage and N different "Cloud" services.

      a LEO wants to try to prevent something from being seen?? OOPS its already on Youtube and N other services so now he needs to get a court order.

      Behold my new invention, the" smart phone".

    2. Re:OEM challenge by YrWrstNtmr · · Score: 1

      Already exists. Wifi enabled SD card that can go in most anything, Tether to a laptop or tablet, and it uploads as you shoot. If you happen to be in range of a known wifi spot (starbucks, etc), upload over their network, directly to whatever cloud service you've set up.

      Eventually, more and more cameras will have this functionality built in.

  34. You're kidding, right? by overshoot · · Score: 1

    Destroying evidence is obstruction of justice. That's illegal. Why haven't these police officers been arrested?

    Dude, these are the police in the United States. Plenty of cases where we have police literally beating an unarmed, on the ground, man to death -- and on video -- and the killers aren't even charged. In the very rare instances when they have been charged, the juries let them off (which may explain why they're not charged.) In cases where a cop actually got fired, odds are very good that he'll be reinstated after his union or the other cops bring pressure to bear.

    Don't forget: if a prosecutor is proven to actually fabricate evidence and destroy open-and-shut proof that you were innocent, he's totally immune from prosecution himself. Even if you're executed as a result of his malfeasance.

    --
    Lacking <sarcasm> tags, /. substitutes moderation as "Troll."
    1. Re:You're kidding, right? by NormalVisual · · Score: 1

      if a prosecutor is proven to actually fabricate evidence and destroy open-and-shut proof that you were innocent, he's totally immune from prosecution himself

      He's immune from prosecution, but not from a 30.06 round. If we can't seek redress from the courts for continued illegal government acts, unfortunately that's all we have left.

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
  35. POLICE STATE!!! by Jeremiah+Cornelius · · Score: 1

    It starts as a state of MIND.

    --
    "Flyin' in just a sweet place,
    Never been known to fail..."
    1. Re:POLICE STATE!!! by Sfing_ter · · Score: 1

      It's MIND over MATTER,
      They don't MIND and you don't MATTER...
      just sayin...

      --
      A computer once beat me at chess, but it was no match for me at kick boxing. Emo Philips
    2. Re:POLICE STATE!!! by StuartHankins · · Score: 2

      Holy cow... $32 for a printed t-shirt? I'm in the wrong business...

    3. Re:POLICE STATE!!! by HapSlappy_2222 · · Score: 1

      No shit. I charge $10 each, $15 if you have me design the art. $32 is retarded.

  36. "resisting arrest" is not the same "arrest" by holophrastic · · Score: 3, Interesting

    I'm just guessing, but I think "resisting arrest" is english, whereas being "arrested" is jargon. Being "arrested" is being detained by police on charges. Where as "resisting arrest" is simply resisting being stopped by police. Just a thought.

    1. Re:"resisting arrest" is not the same "arrest" by Anne+Thwacks · · Score: 2
      Where as "resisting arrest" is simply being stopped by police

      There, that's fixed it for you.

      --
      Sent from my ASR33 using ASCII
  37. Remote Storage by chicago_scott · · Score: 1

    One way to get around the ability of the police to destroy evidence would be to have a low quality stream of the video saved in real-time to a remote device and have a person holding the remote storage device be out of sight. Either that or save a low-quality stream to a cloud service.

  38. Comment removed by account_deleted · · Score: 4, Insightful

    Comment removed based on user account deletion

  39. Dude, They're Cops by Anonymous Coward · · Score: 0

    Just delete the damn files and go home and recover them. It's not like a cop is going to ask you to perform a sector-by-sector wipe.

  40. Illegal America by JoeyJam · · Score: 1

    Funny, John Stossel reported on this issue and noted all the BS bullying tactics the police use to sidestep the law, including the "dispersal", but it did not negate the fact they arrested someone on their own front lawn and property recording a police activity. This issue at hand is that they are public employees and on that basis they cannot be conducting "secret police" activities. This is prohibited in the Bill of Rights. When the press is involved, the police are most definitely compromising the Bill of Rights because the 4th estate is granted rights under from being censored and incarcerated illegally while reporting a public event. If videotaping or recording the police is illegal, then the recording is to be submitted as evidence in court and the police are committing the crime of destruction of evidence. Link to the Stossel video below. http://www.youtube.com/watch?v=nBiJB8YuDBQ

  41. Evidence by starfishsystems · · Score: 1
    Destroying evidence is obstruction of justice. That's illegal.

    It's a question of what constitutes "evidence". In an instance like this, we're pretty close to the dividing line.

    Suppose, for example, that a heinous murder has been committed. The murderer has left his fingerprints on a ceramic coffee cup. Someone puts the coffee cup in the dishwasher, and the fingerprints are destroyed.

    Is the coffee cup evidence or not?
    • Certainly it is, if it was identified and treated as such by investigators, for example by maintaining and documenting the chain of custody. If it was in an evidence locker and then mysteriously ends up in the dishwasher then we could talk about destruction of evidence.
    • Certainly it is not, if it's just one of the hundreds of coffee cups that the murderer has touched in the course of his lifetime. At that rate, the entire universe is evidence for something or other, and we mustn't destroy any of it.

    It comes down to who gets to decide whether or not a specific item is evidence. In the first pass, that task usually falls to the police. Secondarily, it falls to the courts. Dozens of Perry Mason episodes notwithstanding, you can't usually just walk into the courthouse with a coffee cup and say, "This proves that the murderer was at the scene of the crime."

    But interesting and significant exceptions do arise. In the case of Robert Dziekanski, a man who died after repeated Tasering while detained by police at Vancouver International Airport, a video shot by a bystander was confiscated by police and only reluctantly returned to its owner after intense media pressure. That video was treated as evidence by the inquiry, as were police emails that eventually surfaced. On the basis of this evidence, the inquiry concluded that officers deliberately misrepresented their actions during investigations into the incident and at the inquiry.

    The authenticity of the video was not challenged. Ironically, this may have had something to do with the police having had it for some time in their custody.

    --
    Parity: What to do when the weekend comes.
    1. Re:Evidence by LifesABeach · · Score: 1

      Isn't "Intent" part of the definition of the destruction of evidence?

    2. Re:Evidence by spire3661 · · Score: 4, Insightful

      If its not evidence, then its destruction of private property under the color of law, a much more serious crime. The plain fact is, an officer erasing digital private property, especially in the field, should be almost universally illegal.

      --
      Good-bye
    3. Re:Evidence by starfishsystems · · Score: 1

      What, washing a coffee cup is "destruction of property"?

      --
      Parity: What to do when the weekend comes.
  42. Re: Judges ruling by Anonymous Coward · · Score: 2, Informative

    You are not a lawyer. If you were, you'd know the difference between jurisprudence and "is in effect a new law".

  43. Power and Responsibility by VernonNemitz · · Score: 5, Insightful

    A key fact is that the Police are Public Servants. Their salaries are paid by the Public. So, if the Public wants to record the activities of the Police, a very simple reason why is, "to ensure that they are actually Serving the Public". It is quite logical that if it can be proved that certain members of the Police are actually only serving themselves (thereby misusing their Power and Responsibility), they should be fired.

    One could argue that all Congresscritters should always be on-camera, a separate video channel for each. Then we will see how many of those "Public Servants" are actually doing their jobs, Serving the Public, instead of working for their own selfish interests.

    1. Re:Power and Responsibility by forkfail · · Score: 5, Insightful

      Perhaps more importantly: the police aren't military. Though, they are becoming more and more so in approach, there is an important distinction that seems to be getting lost.

      Especially with HLS trying to fill in the role of a national police force.

      --
      Check your premises.
    2. Re:Power and Responsibility by AAKiwi · · Score: 2

      You are correct on every point, but you forgot one that trumps all of them.....the US is the definition of a police state. What we know as correct, lawful, and just does not apply to most police in the US. We have a bigger prison population then Stalin, so much so that companies have formed to do this privately for a profit. Ask your self, what if Stalin's Russia looked like, lets say, small town Iowa.....how could you tell the difference?

    3. Re:Power and Responsibility by kermidge · · Score: 5, Insightful

      "A key fact is that the Police are Public Servants. Their salaries are paid by the Public."

      Yes. Yes they are. So were the Gestapo and the Stasi.

      Good luck to us all.

    4. Re:Power and Responsibility by Anonymous Coward · · Score: 5, Insightful

      A key fact is that the Police are Public Servants.

      Not trying to troll, but while this -should- be the case and this was how the system is/was envisioned, the data speaks otherwise. As illustrated in this story, a very large percentage of the time police will violate your rights when you (legally) record them on video.

      They should be, but in practice what they are NOT, is "Public Servants"- They are "Authority".

      When police break the law, the number of instances where officers have to take responsibility for their actions are exceedingly few. Only when they break faith with their department (fraud, embezzlement, etc.), are they sometimes dealt with more harshly.

      A cop here in Houston causes a wreck while drunk driving, he's suspended with pay and demoted... That's IT. A cop in Deer Park is caught (on video) regularly stealing substantial amounts of stuff from a refrigerator and is suspended without pay for 30 days- not even fired. A cop in San Francisco shoots a guy (in the back), and kills him while he's laying face-down and handcuffed, and he gets a relative slap on the wrist....AND he wouldn't have gotten THAT if the police had managed to round up all the phone videos of the incident, as they tried to. You or I would spend the rest of our lives in prison had either of us done that.

      Most police are "Authority"- If you're lucky, they may provide help when you're in a bad situation, but they work for and report to those who write their paychecks, not us (yes, yes, I know that the "taxpayers" are the source of those paychecks, but our "leaders" decide to whom and how much to pay...not us). Police report to those people and otherwise do more or less as they please with few consequences, barring a Federal civil rights investigation now and then. They do not "serve" the public.

    5. Re:Power and Responsibility by Anonymous Coward · · Score: 0

      Why are you making up your own initialisms when we already have DHS?

    6. Re:Power and Responsibility by WanQiaoYi · · Score: 2

      "Perhaps more importantly: the police aren't military." Well said. And military's primary purpose should be to defend against Foreign (and only foreign) invasion - unless the internal police are completely unable to defend public peace and the military's action isn't unconstitutional). So there should be no instance for public video taping military action because that action should never occur within our own borders unless there is a foreign (non US citizens) army inside our borders. If military are arresting US citizens then we should have right to video tape that as well.

    7. Re:Power and Responsibility by crakbone · · Score: 3, Insightful

      "Ask your self, what if Stalin's Russia looked like, lets say, small town Iowa.....how could you tell the difference" Because it's not littered with corpses? Stalin was a psychopathic genocidal killer. He killed more people by his order than the entire population of Nazi Germany. Of course we have a bigger prison population than Stalin. He would have killed anyone he didn't need and their families just for fun.

    8. Re:Power and Responsibility by Teancum · · Score: 1

      Members of congress usually are "on camera" at least when performing their official duties, such as when they are casting votes on various measures or in committee meetings. Those videos are not only live streamed to even watch your "congresscritter" as they are performing those duties, but archives exist to watch what they've been up to in those situations for several years including any speeches they've given or arguments they've offered for or against any measures and amendments that have been offered.

      What they are doing when they meet in private with a lobbyist is another story, but even then there is no reason to assume privacy even in those situations.

      I personally think your suggestion stinks, particularly as I don't care to see what a congressman may or may not be doing with their spouse and/or mistress. Besides, I also think there are times when somebody should simply have some private conversations or even some peace and quiet, even if they are an elected representative "of the public". What matters is what votes they cast on our behalf, and perhaps to a lesser extent to identify what may be motivating them to cast those votes (aka financial disclosure of campaign funds certainly is legitimate). You don't need a camera on that candidate 24/7 to get that information.

    9. Re:Power and Responsibility by Teancum · · Score: 4, Insightful

      I think the prisoners in an American prison are treated much better than prisoners in a Soviet-era gulag in the middle of Siberia. The number of differences between a small town in Iowa and even 1970's Russia (heck, make that even 1970's Iowa if you want a comparison, but I presume you think the "police state" is more recent in America) is still quite substantial and personal freedoms still are substantially better in Iowa than in that Soviet-era small town you are presumably trying to compare.

      At the moment, guns are not pointed at the borders preventing Americans from leaving, and it is still possible to stand on any street corner of America, holding a sign which proclaims "The President of this country is an ass and needs to leave office!" Blatant election fraud is not happening on a widespread scale, and when a clear majority of the citizens want somebody different in office it usually happens. If you think otherwise, that is fine, but please spare me the conspiracy theories on that topic.

      So far, there haven't been millions of Americans forced out of their homes at gunpoint left to starve to death and die due to exposure simply because they are political dissidents. That did happen in Stalin's USSR. One reason he didn't have so many prisoners is in part because he killed those he considered very dangerous, so they didn't remain in prison all that long. In that sense, prison was merely something for torture.

      I'm not disagreeing with you that there are some very disturbing trends in terms of increased authority for police officers in America, and I also would agree that the "war on drugs" is something that has filled up the prisons with people that really don't belong in them and would do much to reduce that notion that America has "a bigger prison population than Stalin". I am also concerned that America may get to that point, and that this intrusion of the government into our lives is something that needs to not only be stopped but reversed. Then again, I think that the whole of the government needs to be cut down substantially in America at all levels, and not just the military and police.

    10. Re:Power and Responsibility by airdweller · · Score: 1

      "He killed more people by his order than the entire population of Nazi Germany."
      Where did you get that from?

    11. Re:Power and Responsibility by Mattcelt · · Score: 2

      Here, for one.

      It shows that Stalin did not, in fact, kill more people than Hitler. But the two of them together killed 17-20 million people. (The article mentions that this combined figure sadly doesn't even come close to the 30 million who died as part of Mao's revolution in China.)

      Communism is responsible for far more deaths than the Nazis, by multiples. But Hitler wins vs. Stalin.

    12. Re:Power and Responsibility by Anonymous Coward · · Score: 0

      HLS? DHS? am I missing an acronym?

    13. Re:Power and Responsibility by Belial6 · · Score: 1

      A cop in San Francisco shoots a guy (in the back), and kills him while he's laying face-down and handcuffed, and he gets a relative slap on the wrist....AND he wouldn't have gotten THAT if the police had managed to round up all the phone videos of the incident, as they tried to. You or I would spend the rest of our lives in prison had either of us done that.

      Not only would the shooter go to prison, but so would the accomplices that helped him by trying to destroy the evidence. That is why I don't believe in the mythical "Good" cop. A cop that witnesses another know commit a crime and does not arrest him is an accomplice. If even 25% of a police force are directly committing crimes, there is no way that any of the cops in that station are clean.

      I suppose it is technically possible that there are tiny little towns that are clean because they only have one or two officers, but the number must be so small as to be statistically insignificant.

    14. Re:Power and Responsibility by sabt-pestnu · · Score: 1

      > At the moment, guns are not pointed at the borders preventing Americans from leaving,

      At the moment, I require a passport to be allowed to leave the country. A passport is a document that the government can and on occasion has denied to citizens, for instance when owing child support.

      Attempting to cross a border at a crossing station, without a passport will cause force to be brought to bear upon you.

      > it is still possible to stand on any street corner of America, holding a sign which proclaims "The President of this country is an ass and needs to leave office!"

      3 words: Free Speech Zone.

      When you throw out blanket statements, you sometimes find you've covered up a contrary molehill to disturb your picnic.

    15. Re:Power and Responsibility by JosKarith · · Score: 1

      I keep on saying that every police station should have "Servant not Master" prominently displayed in several places to remind them daily of the fact that they exist to serve the public, not the other way around.

      --
      'Don't worry' said the trees when they saw the axe coming, 'The handle is one of us.'
    16. Re:Power and Responsibility by ThatsNotPudding · · Score: 1

      A key fact is that the Police are Public Servants...

      "You're a public servant, right? Bring me a glass of water!" -- George Carlin

    17. Re:Power and Responsibility by Anonymous Coward · · Score: 0

      True, however when we actually get to that point, it'll already be too late. We Americans tend to be a complacent lot, and run a serious risk of becoming like lobsters in a pot.

      People weren't all of a sudden pulled out of their homes at gunpoint. In Nazi-era Germany, one of the first "clues" was that the most radical political dissenters were...overshadowed by the state-sanctioned "artists". Then it seemed like an awful lot of people were agreeing on things, which--in the case of a lot of the folks--wasn't so bad if it meant not baking bread out of sawdust. People really didn't start questioning things until their neighbors got pulled out of their houses by their hair; they didn't see anything amiss until they realized they'd be shot for saying a cross word about the Leader. How much political change can a person really enact at that point?

      Comparing the police to Stasi or the Gestapo essentially says, "if you don't act *now*, you will have a dictatorship." It's a comparison we need when so many people are pushing inaction in the face of dwindling civil liberties.

      --Rei

    18. Re:Power and Responsibility by Anonymous Coward · · Score: 0

      So far, there haven't been millions of Americans forced out of their homes at gunpoint left to starve to death and die due to exposure simply because they are political dissidents. That did happen in Stalin's USSR.

      Thanks for that, I wish more people would realize exactly how good we have it here before they summarize the state of our law enforcement system in a single Godwinned remark. I recall the story of a Russian professor of mine here in the US. In the mid/late 80's, he decided he wanted to leave the USSR and come to the US. He applied to the US embassy for immigration (at the time, the US seemed to allow many Soviet academics immigration). The next day, he was fired from his University job at a prestigious Russian university and arrested. I never heard firsthand, but apparently he was in jail for some time and was severely interrogated. To my knowledge, both his arrest and firing were 100% "extra-legal"...nowhere did he violate a law in the books.

      Is the US perfect? No, but we are not living in a facist regime. For every cop that breaks the rules, there are probably dozens who do not. And even for these "rule-breaker" cops, for every arrest that calls into question the police officer's respect of individual constitutional rights, there are probably hundreds that do not. This is a problem, but it is nowhere close to explaining arrest rates in the country (thank drug laws for that!)

    19. Re:Power and Responsibility by airdweller · · Score: 1

      You failed at reading comprehension I'm afraid. The GP didn't argue who killed more people, but wrote "He killed more people by his order than the entire population of Nazi Germany." Do you know what the population of the Nazi Germany was?

    20. Re:Power and Responsibility by koona · · Score: 1

      Ah, Forktail, it is my sad duty to inform you that here in Canada* our much flaunted national cops, the Royal Canadian Mounted Police** are indeed a branch of the military.
      * perhaps soon to be termed Kanada ** Also known as GRC's, (gurks).
      Sorry
      (___)
      {o,o}
      /)__)
      -"-"- douglas

    21. Re:Power and Responsibility by Anonymous Coward · · Score: 0

      At the moment, I require a passport to be allowed to leave the country.

      No you don't. You need a passport (and possibly a visa) to enter a country. I've traveled internationally (out of the US) 8-10 times a year for the past 7 years and not once has any American official ever asked for any sort of documentation from me on exit.

  44. Why? by LifesABeach · · Score: 1

    Could it be that Torts are now cosidered before Civil Law? But what is a valid legal definition of what a News Reporter is?

  45. Re: Judges ruling by Archangel+Michael · · Score: 0

    When a Judge Rules a Law "unconstitutional" and thus CREATES something that has never existed, is that not something that is more than ruling on "law"? How can one man (or small cadre) overrule the laws that have always existed and not be an abuse of the position?

    --
    Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
  46. I am wondering... by oyenamit · · Score: 1

    ...what if someone *secretly* videotapes a police officer arresting somebody illegally?
    Can it be used as evidence in a court?

    1. Re:I am wondering... by CanHasDIY · · Score: 1
      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
  47. the bad 95% by axehind · · Score: 1

    It's always the 95% of the police that are bad that ruin it for the 5% that are good! :P

    1. Re:the bad 95% by Larryish · · Score: 1

      When the 5% cover for or otherwise overlook the actions of the 95%, they become the 100%.

    2. Re:the bad 95% by russotto · · Score: 1

      When the 5% cover for or otherwise overlook the actions of the 95%, they become the 100%.

      I've got bad news for you: There is no 5%.

      Most of the cops are actively doing bad things. The rest are covering them up and/or looking the other way. The prosecutors know they are doing this and look the other way and encourage the lies of the police in as much as they help the prosecution's case. The judges know the cops are lying but accept their word over the word of any number of ordinary citizens and any amount of evidence short of ironclad unambiguous video evidence. And the "good citizens" applaud all of this and say anyone who objects is just a troublemaker with something to hide.

      (and if I go any further, it's Godwin territory)

    3. Re:the bad 95% by Larryish · · Score: 1

      Whooooosh!!!11

  48. Re: Judges ruling by spire3661 · · Score: 4, Insightful

    Hes not creating, hes breaking the law in question against the rock of the Constitution.

    --
    Good-bye
  49. Re: Judges ruling by Dishevel · · Score: 0

    Two words.
    Commerce Clause

    --
    Why is it so hard to only have politicians for a few years, then have them go away?
  50. Can anyone say Police State? by triceice · · Score: 1

    No police officer should ever be anything but OK when someone tapes their arrest. If they are not then it is a complete and absolute validation that they did not follow procedure. I am a 2 time convicted felon and not once did I dispute what they did unless it was illegal and they did not have proof that what they did was ok. 2 Convictions have been thrown out because they did not have proof not because I was innocent. Of course that was 19 years ago,

  51. Re: Judges ruling by Anonymous Coward · · Score: 0

    In which case a judge would not be able to declare a constitutional amendment unconstitutional, but this has happened.

  52. Re:Why haven't these police officers been arrested by KhabaLox · · Score: 1

    Because here in the USA, if you do much more than that without really covering your ass, you become a "terrorist" and a guest of the government down in Gitmo.

    Really? Can you give some examples? The only one I can actually think of is the Yemini-American cleric Obama had killed. I believe that all they had on him publicly was that he was basically the propaganda arm of AQ (i.e. lots of hateful speech, but no action). Of course, the government is saying they have evidence he was an actor too, but I don't think there's been any evidence to that made publicly available.

    I mean, I think it's criminal what they did to the kids at UC Davis, and what happened in Oakland, if not criminal, was certainly a shame. But I didn't hear of any Occupy protesters being sent to Gitmo, or even being indefinitely detained.

    I agree that we are travelling down a perilous road and our liberties are being eroded, but your hyperbole doesn't help make that case.

    --
    Ceci n'est pas un sig.
  53. Can you citizens arrest a cop? by Anonymous Coward · · Score: 0

    What happens if you try to place a police officer under citizen's arrest?

    1. Re:Can you citizens arrest a cop? by Anonymous Coward · · Score: 0

      You probably get arrested for interfering with an officer's duty, resisting arrest, getting blood on an officer's uniform....

  54. quis custodiet ipsos custodes by Anonymous Coward · · Score: 0

    Who guards the guardians? Our system is based on the idea that the public can't be trusted to police it self so the solution is to recruit police from the general public to enforce laws. If that is not a broken system what is?

  55. Re: Judges ruling by Mr.+Slippery · · Score: 2, Informative

    How can one man (or small cadre) overrule the laws that have always existed and not be an abuse of the position?

    If a law is unconstitutional, it never legitimately existed in the first place. (And "always existed"? Laws are temporary creations of humans, not eternal artifacts.)

    --
    Tom Swiss | the infamous tms | my blog
    You cannot wash away blood with blood
  56. Illegal Everything by bill_mcgonigle · · Score: 4, Interesting

    If you can't be above the law then why be a cop?

    There are a bunch of similar stories here (as well as several other atrocities like selling lemonade, Girl Scout cookies, felony ditch cleaning, and holding illegal prayer meetings).

    Cops on tape, breaking the law, and nothing is done about it.

    --
    My God, it's Full of Source!
    OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  57. Be smart about it. by MarkvW · · Score: 1

    Always film your cameraman, preferably from a distance.

    Beautiful evidence.

  58. Read up about Mark Fiorino in Philly by Anonymous Coward · · Score: 0

    And how the police tried to destroy his audio recorder when they were harassing him for legal open carry. Fortunately they failed, and that recording later made it to youtube.

  59. The virtue of OSS by columbus · · Score: 3, Interesting

    Every comment I have seen has been on the social aspects of this incident. Let's talk about the software aspect of it

    (from TFA)
    "I used Stellar Phoenix recovery software for the first recovery, which has proven to be unable to recover large files in its entirety. I used PhotoRec for the second recovery, which did the job. PhotoRec has a steeper learning curve than Stellar Phoenix, but it’s free, unlike the former."

    Score one for open source software. Better than the proprietary alternative in this case.

    --
    friends don't let friends teleport drunk
  60. Protect and Serve is a Joke by honestmonkey · · Score: 1

    It seems the only reason to become a police officer now is to legally be allowed to be a thug. "Protect and Serve" is a Joke.

    --
    Everything you know is wrong, Just forget the words and sing along.
  61. Because this is a police state that is why. by Anonymous Coward · · Score: 0

    Nothing more needed.

  62. Full video now available by forkfail · · Score: 4, Funny
    --
    Check your premises.
  63. Re: Judges ruling by sjames · · Score: 1

    If the 'law' was unconstitutional, it was NEVER actually a law. The Judge is simply clarifying the state of affairs that always existed.

  64. Re: Judges ruling by toadlife · · Score: 1

    In which case a judge would not be able to declare a constitutional amendment unconstitutional, but this has happened./quote?

    It has?

    Can you please cite your source.

    --
    I don't always use unix-like operating systems; but when I do, I prefer FreeBSD.
  65. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  66. Re:Privelege...huh? by Lashat · · Score: 0

    Wait a minute here. You should have stopped your rant after the burglary story.

    Your median crossing story lacks any objectivity whatsoever. Crossing the median is FORBIDDEN. It's not ok for 50 ft. It's not ok for 300 feet. The fact that the cop lied about the distance to strengthen his case, sucks. It does NOT change the fact that you crossed the median.

    Lets say you stab someone to death. Then you want to go free because the police/prosecutor claim that the victim was stabbed 300 times and you swear the victim was only stabbed 50 times half as hard. You are still a murderer. Murder victims don't get more dead.

    --
    For every benefit you receive a tax is levied. - Ralph Waldo Emerson
  67. Re: Judges ruling by Jappus · · Score: 5, Informative

    In which case a judge would not be able to declare a constitutional amendment unconstitutional, but this has happened.

    But, and get this, only if it violates other parts of the constitution.

    As far as I understand it -- and I am neither a lawyer nor a US-American -- amendments to the US constitution can only be made ineffective by the Supreme Court declaring them unconstitutional (i.e. it violating either a prior or a later, other amendment), but only repealed by the legislative branch (Senate/House of Repr.) by introducing a new amendment; which has happened with the 18th amendment (prohibition) that was repealed by the 21st after the Supreme Court ruled it violated the 4th and 5th amendment.

    To put it in CompSci terms: The judicative (courts) only did a sanity check on the input, whereas the legislative (parliament) took measures to actually clean up the input. So the former only prevented bad input from producing bad output, which caused the former to make sure that that brand of bad input is not possible at all anymore.

    You could say that in these cases, the courts can only negate or affirm, but not ask a new question. They might state their opinion that a new question should be asked, but can't ask it themselves.

  68. There are ways to shed light on Police behavior by TeTalon · · Score: 1, Informative

    Although many officers seem to get away with some outrages and possibly illegal behavior there are ways to counter this.
    At the City level you have the following options:
    1. Most large Cities have an internal affairs office which is works as a peer review and is only accountable to a police commissioner or possibly the chief of police.
                                  But they are also sill accountable to the Mayor and city council.
    2. Some large cities also have a citizen review board that reviews any suspicious behavior conducted by the police.
    3. Some large cities have both an internal investigation and citizen review board.
    4. Also the state police agencies usually have some kind of mandate to investigate police departments with a history of misbehavior.
    5. Small departments are usually monitored by the mayors and city council.

    Bottom line you have avenues to lodge a complaint, just make sure you have all your ducks in a row first, and have solid evidence to back it up.

    At the State level:
    Many State Law enforcement Agencies are accountable to the Governor, the State Attorney General, and State Legislators.
    They will also have some kind of internal review process.

    At the Federal level:
    All Federal Law Enforcement Agencies are accountable to the Office of the President, and Congress.
    They will also have some kind of internal review process.

    So my story:
    I once got harassed and ticketed illegally while my car was parked at a park on the street swapping a flasher solenoid for my blinkers, and I was an Air force Security Police but not in uniform.
    After running up the city chain of command I resorted to writing to my congressman Leon Panetta.
    The charges were dropped, and the officers involved were suspended without pay. (Circa 1979)
    Thank god or I would have had a really awkward meeting with my commander.

    --

    TeTalon
    You are either a part of the problem, or a part of the solution, which are you.

    1. Re:There are ways to shed light on Police behavior by 0111+1110 · · Score: 2

      1. It is well known that internal affairs departments don't do anything. Complaints are summarily dismissed.
      2. My city doesn't have a citizen review board.
      3. See 2.
      4. The cop who attacked me was a state police officer. And the idea that they would go after another cop is laughable.
      5. Are you serious?

      Bottom line, there actually isn't any oversight or anyone to complain to. A state trooper attacked me, beat me severely and strangled me in front of a a whole bunch of other state troopers. If another cop hadn't finally pulled him off of me he would have killed me for sure. So I guess at least some of them are human.

      What did I do to deserve a damaged windpipe, cracked ribs, damaged legs, and a severe concussion? I swore at the officer in reply to him swearing at me. Needless to say he didn't take kindly to a mere civilian disrespecting him in front of his peers and flew into a violent rage. Unfortunately my state does allow DUI roadblocks. I was just driving down the road minding my own business. I don't drink or do illegal drugs.

      They don't need to control themselves because they know they can literally get away with anything. Including murder. Police in the US are a gang of thugs and should be treated accordingly. I wouldn't have disrespected a member of a street gang in LA in a deserted parking lot with no witnesses even if he had disrespected me first. Now I'm facing all kinds of false criminal charges and legal bills adding up to nearly a year of my income. That's what they mean by, "You might beat the rap but you won't beat the ride." As soon as I get the chance I'm going to move to a state where such road blocks are not allowed, but in the long run I'd like to leave this insane country. I've lived in other countries and the cops are not, as a rule, violent thugs like they are here. They are sometimes even real people and not angry, raging animals. As someone else posted, outside of certain urban slum areas, your greatest chance of being a victim of a violent crime is from an encounter with the police. I have always avoided them for this reason, but that night I had no way to avoid them.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    2. Re:There are ways to shed light on Police behavior by TeTalon · · Score: 0

      1. It is well known that internal affairs departments don't do anything. Complaints are summarily dismissed.
      2. My city doesn't have a citizen review board.
      3. See 2.
      4. The cop who attacked me was a state police officer. And the idea that they would go after another cop is laughable.
      5. Are you serious?

      Bottom line, there actually isn't any oversight or anyone to complain to. A state trooper attacked me, beat me severely and strangled me in front of a a whole bunch of other state troopers. If another cop hadn't finally pulled him off of me he would have killed me for sure. So I guess at least some of them are human.

      What did I do to deserve a damaged windpipe, cracked ribs, damaged legs, and a severe concussion? I swore at the officer in reply to him swearing at me. Needless to say he didn't take kindly to a mere civilian disrespecting him in front of his peers and flew into a violent rage. Unfortunately my state does allow DUI roadblocks. I was just driving down the road minding my own business. I don't drink or do illegal drugs.

      They don't need to control themselves because they know they can literally get away with anything. Including murder. Police in the US are a gang of thugs and should be treated accordingly. I wouldn't have disrespected a member of a street gang in LA in a deserted parking lot with no witnesses even if he had disrespected me first. Now I'm facing all kinds of false criminal charges and legal bills adding up to nearly a year of my income. That's what they mean by, "You might beat the rap but you won't beat the ride." As soon as I get the chance I'm going to move to a state where such road blocks are not allowed, but in the long run I'd like to leave this insane country. I've lived in other countries and the cops are not, as a rule, violent thugs like they are here. They are sometimes even real people and not angry, raging animals. As someone else posted, outside of certain urban slum areas, your greatest chance of being a victim of a violent crime is from an encounter with the police. I have always avoided them for this reason, but that night I had no way to avoid them.

      Just so you know I am not saying the system even works as intended, because it does not.
      It is better than most law enforcement systems out there, but bit still sucks.
      But the only way to change it is to take a stand and make some noise.
      In your case with state police I would hit up the state legislators, State Attorney General, and the Governor’s Office.
      But there is a down side.
      You have to have solid evidence because the burden of proof is on you, and even with that you may still get screwed.
      Also there may be some blow back either way.
      I have ended up on police sh1t lists before and it sucks, but it goes away after a while.
      Sometimes taking a stand comes with cost you just have to be willing to pay.
      But you do have to pick your fights and be smart about it.

      Me I have paid my dues taking a stand and still do.
      Because I can’t just stand there and say thank you Sir can I please have another.

      --

      TeTalon
      You are either a part of the problem, or a part of the solution, which are you.

  69. Re:Privelege...huh? by DnaK · · Score: 1

    A lie is a lie, and people in a position of authority over us do not have any authority to lie to the courts convicting us. I only was trying to say, cops lie. I probably should of worded it better though you are right.

  70. Why? The Golden Rule by hduff · · Score: 2

    The Golden Rule

    The one with the gold makes the rules.

    This thug mentality on the part a few bad police officers reflects poorly on the many honest men and women who serve their community, yet those same good people turn a blind eye to this behavior. Is it no wonder that public confidence and support for law enforcement officers continues to erode?

    --
    "I believe in Karma. That means I can do bad things to people all day long and I assume they deserve it." : Dogbert
  71. PhotoRec Website by hduff · · Score: 1
    --
    "I believe in Karma. That means I can do bad things to people all day long and I assume they deserve it." : Dogbert
  72. Also mistrials happen all the time by Sycraft-fu · · Score: 1

    Here locally a friend who is an attorney was telling me about a case the state has taken to court 4 times. Always a mistrial. Basically a guy killed another guy, and admits it. However he claims, though there is no evidence to support, that the guy he killed was a child molester after his kids. As I said, no hard evidence, but it has been enough to convince at least one juror to vote not guilty, and as such hang the jury and result in a mistrial.

    It is a result of our jury trial system. You have people with differing opinions sitting on that jury and if even one of them doesn't agree with a guilty verdict, then it doesn't happen.

  73. Re: Judges ruling by Hydian · · Score: 1

    So some definitions of marriage should never be changed because it is an ANCIENT construct given legitimacy by legal rulings?

  74. Re:Privelege...huh? by niado · · Score: 1

    I'm more inclined to believe that one or both of you are unable to determine distance perfectly without a measuring instrument, than that the officer was purposely lying about a couple of hundred feet, especially when it does not affect the illegality of the situation.

  75. What an arrest actually is by DaveV1.0 · · Score: 3, Informative

    tl;dr "You keep using that word. I do not think it means what you think it means."

    A seizure or forcible restraint; an exercise of the power to deprive a person of his or her liberty; the taking or keeping of a person in custody by legal authority, especially, in response to a criminal charge.

    The purpose of an arrest is to bring the arrestee before a court or otherwise secure the administration of the law. An arrest serves the function of notifying the community that an individual has been accused of a crime and also may admonish and deter the arrested individual from committing other crimes. Arrests can be made on both criminal charges and civil charges, although civil arrest is a drastic measure that is not looked upon with favor by the courts. The federal Constitution imposes limits on both civil and criminal arrests.

    An arrest may occur (1) by the touching or putting hands on the arrestee; (2) by any act that indicates an intention to take the arrestee into custody and that subjects the arrestee to the actual control and will of the person making the arrest; or (3) by the consent of the person to be arrested. There is no arrest where there is no restraint, and the restraint must be under real or pretended legal authority. However, the detention of a person need not be accompanied by formal words of arrest or a station house booking to constitute an arrest.

    The test used to determine whether an arrest took place in a particular case is objective, and it turns on whether a reasonable person under these circumstances would believe he or she was restrained or free to go. A reasonable person is one who is not guilty of criminal conduct, overly apprehensive, or insensitive to the seriousness of the circumstances. Reasonableness is not determined in light of a defendant's subjective knowledge or fears. The subjective intent of the police is also normally irrelevant to a court's determination whether an arrest occurred, unless the officer makes that intent known. Thus, a defendant's presence at a police station by consent does not become an arrest solely by virtue of an officer's subjective view that the defendant is not free to leave, absent an act indicating an intention to take the defendant into custody.

    I have highlighted the important points. One can be arrested on the scene of a possible crime and let go with no charges. One can be arrested by the officer(s) telling one not to leave because he wants to question one. Then, by attempting to leave, one can be arrested for resisting arrest, but this time taken into custody, transported to jail, booked, etc. It wasn't that long ago that one might be arrested for being drunk, dropped in the drunk tank, then let go without charges when one sobered up.

    This is yet another problem with the ambiguity of the English language especially in the case of legal or professional jargon as opposed to general usage.

    --
    There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
  76. Complaint form by Anonymous Coward · · Score: 0

    Have a problem with a police action (in the US)? You might think that's what complaint forms are for. Just try getting one, though, and find yourself arrested for trying to obtain a police complaint form (video).

  77. Re: Judges ruling by Anonymous Coward · · Score: 0

    I suggest you learn what "case law" is before making up such arguments.

  78. Re: Judges ruling by Anonymous Coward · · Score: 1

    Im so tired of hearing about homosexual marriage already. Just stop. Marriage is a religious ceremony recognized by the state and federal governments.

    Personally I dont think state and federal government should recognize ANY marriage. Only the joining of domestic partners for tax purposes. Let organized religion worry about marriage.

  79. Re: Judges ruling by Anonymous Coward · · Score: 0

    I am very Confused as to Why you capitalise The initial letter In Random words.

  80. Re: Judges ruling by Anonymous Coward · · Score: 0

    Correct. You cannot break a law that is itself not legal, which is why people who are convicted of breaking laws that were never legal to begin with have their convictions struck from the record. ie: if you are convicted of breaking a law found to be unconstitutional, you don't have to report it under "Have you ever been convicted of a crime", because your conviction was itself not legal, even if it was "proper". It's too bad those passing such laws aren't held accountable for the harm they inflict upon society.

  81. Re: Judges ruling by toadlife · · Score: 1, Interesting

    Homosexuals are incapable of producing children therefore aren't given the protection of Marriage.

    The roots of marriage are economic; not religious. Children only come into play as the means to pass on wealth and power from one generation to the other. While I can see the argument procreation as a core component of marriage, the emphasis on "bloodlines" does not exist in modern society today, the way it did in the past.

    invariably those in favor of Homosexual Marriages are simultaneously opposed to Polygamy and often use the same arguments against Polygamy that Opponents of Homosexual Marriage use against Homosexual Marriage.

    As a supporter of gay marriage, my argument against polygamy is that it will lead to the hoarding of women by wealthy men, which would result in a shortage or marriage partners for men, which would lead to social unrest.
    That said, I personally don't see a problem with men having one legal wife and other non-legal wives, which seems to be the common practice among fundamentalist Mormons. This arrangement allows free association, while preventing powerful men (or women) from legally monopolizing partners.

    The state has no legal or moral imperative to define marriage

    That would be true if you think that the state should have no role in fostering a healthy and peaceful society, but I would disagree since the state is itself a manifestation of society.

    --
    I don't always use unix-like operating systems; but when I do, I prefer FreeBSD.
  82. Re: Judges ruling by Hotawa+Hawk-eye · · Score: 4, Insightful

    Homosexual Marriage has NEVER existed in history until very recently. Marriage was for the purposes of a man an woman(women/polygamy) having a family and defining the rights and responsibilities thereof. Homosexuals are incapable of producing children therefore aren't given the protection of Marriage.

    By that argument, heterosexual marriages should end at death of either spouse ("'til death do you part"), when the wife enters menopause, when the husband becomes impotent, or when either suffers an injury or illness that renders them infertile.

    In that scenario, marriage licenses would also require signed notification from a medical practitioner certifying the fertility of each spouse, which would require one of:
    * the prospective wife currently being pregnant and the prospective husband being the father as determined by DNA testing
    * the prospective husband providing a sample for testing with his own hands and the prospective wife undergoing medical testing to ensure her fertility
    * a medical practitioner performing testing on both prospective spouses to ensure their fertility

    None of those options seem particularly palatable to me. Taking that one step further, you would also need to show that same evidence to an IRS auditor if you filed a joint tax return and were audited. If you wanted to visit your spouse in the hospital after a serious accident and the hospital had a "relatives only" visiting policy, you wouldn't be allowed to visit until the doctors were certain their reproductive capabilities had not been damaged. And don't adoption agencies favor married couples when deciding who is allowed to adopt? Then people who had one of the best reason for wanting to adopt would no longer be favored.

  83. Yeah, easier said than done. by Anonymous Coward · · Score: 0

    I worked with a years ago who had something similar.

    LSS: there was a cruiser parked in such a way - with engine running - that it was totally messing up traffic at this strip mall. There were a few near misses as people were trying to get in and out and merge with traffic.

    My co-worker see the cop in this restaurant and mentions to the cop that his cruiser is really causing a public safety hazard.

    The cop says, "If you got a problem with it, we can go DOWN TOWN!"

    My co-worker, said, "Sure. And will have a nice long conversation in front of your CO. let's go NOW!"

    The cop ignored him and continued to chew.

    I think at a different time, he would have spent several minutes in the back of the cruiser too.

    Yeah, it's real easy to post about sticking up to a cop online, but when you're there and even if they do arrest you falsely, it's still a horrible ordeal and an expensive one if the cop really wants to be a dick.

    And jury of peers? I live in an area where cops can do no wrong and you're a pinko Liberal if you stand up to a cop. In other words, good luck getting a sympathetic jury.

    1. Re:Yeah, easier said than done. by Anonymous Coward · · Score: 0

      there was a cruiser parked in such a way - with engine running - that it was totally messing up traffic at this strip mall

      Obvious answer is to slip it into gear. You ain't stealing it if you're not in it as it drives away.

  84. Decoy Delete App by Anonymous Coward · · Score: 0

    Ok, guys, here is your homework: an app that displays a fake delete "button" so that when a user is recording the police, the user can launch that app and trick the police into deleting the recording when in fact the camera is still recording. Best that the looks, as well as the path to delete the recording be customizable, else the po-po's will catch on too quickly.

  85. Citizens by Anonymous Coward · · Score: 0

    There' a fine line between filming, harassment/gloating/verbal escalation and an attack by entering the cop personal space. Keep track of the difference or experience electricity.

  86. Re: Judges ruling by Teancum · · Score: 3, Informative

    The only way that a constitutional amendment could be declared unconstitutional is if the process through which it became a part of that constitution was done in an unconstitutional manner. That is a very small loophole, and usually is something that is almost never tried (and has thus far always failed so far as amendments recognized by the U.S. Secretary of State and/or the National Archives).

    That said, there are some rather vague parts of the U.S. Constitution that are open to interpretation, such as the Interstate Commerce Clause and finding "new rights" not explicitly mentioned in the Bill of Rights (such as what Roe v. Wade attempted to do in terms of a "right to an abortion").

    The main thing that happens in terms of constitutional review though is that statutory law can be "set aside" because it conflicts with the constitution. New law isn't created, but instead the law is treated as if that law never existed in the first place.

    Where American courts do create "new law" is with case law and "common law", when a legal question comes up that statutory law and constitutional law simply don't cover the situation. Most states also recognized earlier English "Common Law" precedence, at least the "Common Law" that existed prior to July 4th, 1776. It is rare that somebody cites legal precedence from the 15th Century to win a legal argument any more, but it is still a possibility in 49 of the 50 American states (Louisiana excepted.... because they use the Napoleonic Code instead and follow French/Spanish/Roman precedence instead of English).

  87. hahahahahah by Dr+Max · · Score: 1

    destroying evidence is obstruction of justice. That's illegal. Why haven't these police officers been arrested?"

    hahahahahahahahhah, some one thinks the police are more than goverment thugs.

    --
    Rocket Surgeon.
  88. Re: Judges ruling by Archangel+Michael · · Score: 0

    How do you feel about Polygamy then? How should the state recognize that? If it is good enough for Homosexual Unions then it should be good enough for other TYPES of marriage.

    --
    Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
  89. Re: Judges ruling by Archangel+Michael · · Score: 1

    You're assuming the state should be involved in marriage at all. I don't make that assumption. I actually think the state should not be involved at all.

    --
    Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
  90. Re: Judges ruling by Archangel+Michael · · Score: 1

    Marriages existed before any economics happened, while people where in hunter gatherer clans. If you said "power" and "political" reasons, I might agree. But then again, those are often tied to religious reasons, and all of these were long before there was such a thing as a "state"

    --
    Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
  91. Re: Judges ruling by Archangel+Michael · · Score: 1

    No, legal rulings should be a matter of LAW, not politics nor the popular opinions of the day. If we go by your definition, then if slavery were legal, you'd be okay with it, as long as judges said it was okay, right? Because the law is always right?

    Marriage has never been defined by law, only by custom. There are prohibitions against plural marriages by law, but that is the only other defining mechanism we've had. And now, some are trying to codify that which has been culturally assumed, only to be overruled by judges in black robes based on things like "equal protection". But those very same legal constructs can be used for things like plural marriages, which ironically most proponents of homosexual marriage are against, usually on the same grounds that people opposing homosexual marriage oppose that.

    There is something ironic about that.

    --
    Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
  92. stop contributing to the problem by Anonymous Coward · · Score: 0

    You're all so funny, whining and complaining about the travesty of the police force and the active role they play in violating your rights, and yet I bet, that most of you in the states anyway, will go out and vote for a democrat or a republican, thereby contributing to the further erosion of your rights. Makes me sick, and sad.

    Cops are not your friends, this cop was clearly wrong, and the guy got screwed. Those are the facts and no amount of legal mumbo jumbo changes that, unless you're Bill Clinton and you can redefine sex to suit your needs.

  93. Re: Judges ruling by Anonymous Coward · · Score: 0

    As far as I understand it -- and I am neither a lawyer nor a US-American -- amendments to the US constitution can only be made ineffective by the Supreme Court declaring them unconstitutional (i.e. it violating either a prior or a later, other amendment), but only repealed by the legislative branch (Senate/House of Repr.) by introducing a new amendment; which has happened with the 18th amendment (prohibition) that was repealed by the 21st after the Supreme Court ruled it violated the 4th and 5th amendment.

    Not so. The constitution is the primary, inviolate set of rules. Congress and the states acting collectively can change it, but it requires exceptional supermajorities to do so. You need a near consensus of public opinion, in practice, to pass an amendment.

    The SCOTUS cannot directly void an amendment - BUT they do "interpret" all laws, including the constitution. So, if SCOTUS decides that the 8th amendment bans bikinis, then that is the law of the land till Congress gets a supermajority together to pass an amendment explicitly allowing bikinis. Or the SCOTUS judges swap out, and in a new case the new SCOTUS overturns the old ruling. Blatant misreadings of the law really don't happen, unless you have very strong feelings about an issue and SCOTUS disagrees, in which case it is the greatest miscarriage of justice ever!!1! ;-)

    The 18th amendment was not found unconsitutional, it was simply superceeded by the 21st amendment. Interesting, partly because most people seem to assume that lower numbered amendments are "more important" or have more weight, when the opposite is true. If an amendment could be nulled by an earlier amendment, you'd wind up in a sitaution where you couldn't change laws, eventually.

    While technically, there is no bar to SCOTUS deciding that the word "arms" in the 2nd amendment actually refers only to the two upper appendages, this kid of thing is generally avoided, done subtly, or by using modern word usage in favor or word usage at the time the document was written - and in any case it will be fought tooth and nail by someone.

  94. Re: Judges ruling by DaleSwanson · · Score: 2

    As far as I understand it -- and I am neither a lawyer nor a US-American -- amendments to the US constitution can only be made ineffective by the Supreme Court declaring them unconstitutional (i.e. it violating either a prior or a later, other amendment), but only repealed by the legislative branch (Senate/House of Repr.) by introducing a new amendment; which has happened with the 18th amendment (prohibition) that was repealed by the 21st after the Supreme Court ruled it violated the 4th and 5th amendment.

    The 21st amendment repealed the 18th amendment. The 21st was ratified via state ratifying conventions, Congress only proposed it. The Supreme Court never ruled the 18th amendment unconstitutional. Amendments can't be unconstitutional, as they amend what is constitutional. The only exceptions to this being making slavery illegal before 1808, or giving a state less senators than the others (although interestingly, the clauses that make those unamendable themselves could, in theory, be amended).

    The Supreme Court wouldn't rule on the constitutionality of an amendment because of something called the polictical question doctrine, in which it has said it won't rule on issues it considers to be outside its realm of authority. Consitutional amendments are specifically included.

  95. Re: Judges ruling by Anonymous Coward · · Score: 0

    Not so. The constitution is the primary, inviolate set of rules

    Not so. The People's desires, whether well considered and full of steely determination, or hasty whims, are the primary set of rules. Without everyone agreeing to support it, the constitution is merely a piece of paper. Don't stop believing in it, or it really will cease to be part of the law. Law is what everyone thinks it is, and nothing more.

  96. Re: Judges ruling by Anonymous Coward · · Score: 1

    The Supreme Court does not have the power to declare a part of the Constitution unconstitutional. Once it's there, it's there and can only be revised by another amendment (as in the prohibition example above).

    That's one reason some want a constitutional amendment to ban burning the American flag. The Supreme Court has ruled that the Constitution protects flag burning under the First Amendment (freedom of speech). The only way to supersede the court's ruling is to amend the Constitution, which is the highest law of the land.

  97. Re: Judges ruling by jackbird · · Score: 2

    How would that even work? If the state had NO interest in recognizing a marriage, how would jointly-owned property be treated by the legal system? Joint debt? Who would settle disputes over property ownership in the event of divorce? Custody of children? Probate? Would spousal immunity from testifying in a criminal proceeding be done away with?

    Sure, have your wedding and your marriage (and your family planning) free from state interference, but if you think there isn't a very real need for the legal system to be institutionally aware that some people are married, and by extension a need for some sort of mechanism for recognizing that fact, you haven't thought this through.

  98. Re: Judges ruling by jrumney · · Score: 1

    the prospective husband providing a sample for testing with his own hands

    Genius! Since complying with these criteria is a sin, religious bigots would soon be removed from the gene pool and we could move on to accepting marriage between two people who love each other regardless of gender.

  99. Re: Judges ruling by Anonymous Coward · · Score: 0

    And don't adoption agencies favor married couples when deciding who is allowed to adopt?

    I'm in total agreement with your argument, but I want to comment on the above statement. The answer to your question would mostly be "not really". In the case of private adoption, it's actually the birth mother who chooses who adopts the child, not the agency. And in the case of public adoption, it's a case-by-case assessment, and there are very real scenarios where a child is deemed to be better off with, for example, a single parent (an example might be a child who was removed from his birth family after being horribly abused by the birth father, and who now exhibits a severe distrust of male parents).

  100. Re: Judges ruling by ganjadude · · Score: 1

    simple, via civil unions or commonmarriage laws (where you are living together for XX years and therefore the state deems you dependant on each other)

    marriage, as a term should be strictly religious IMO and the state should not even be involved, that way if a man and a woman want to be "married" they can be, in a church, if a gay couple wants to be "married" they can, somewhere other than a church. if 2 friends want to share a house together than they can be "married"

    by married, i mean get the same benifits as a married couple does today, not the actual term "married"

    --
    have you seen my sig? there are many others like it but none that are the same
  101. Re: Judges ruling by Archangel+Michael · · Score: 0

    Simple. Contracts. Negotiated before Marriage. You know kind of like how Prenuptials are done today. Or as the Hebrews of the OT did it with Ketuba. It isn't that complicated.

    See, now you're getting to the heart of the matter. Why should two gay people have more rights that two straight people who want to live in a similar legal arraignment? Or Three people, or extend to a whole "family"?

    The problem isn't "marriage", it is the law. The problem isn't with gays, it is with the equal protection under the law. IF the Homosexual People really were about equal protection under the law, they wouldn't be looking selfishly at themselves, but rather to all people everywhere.

    --
    Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
  102. Qik, just in case by Mantrid42 · · Score: 1

    Whenever this topic comes up, I feel the need to link people to Qik: http://qik.com/ Its a video app for Android and iOS that will automatically upload your video once you take it. So even if your phone is confiscated, and the data deleted, the video is already out there.

  103. Re: Judges ruling by Anonymous Coward · · Score: 0

    I'm pretty sure the main reason we have gay marriage today is because people wanted to change the custom, and thus change the law.
    You just don't like the fact that those who wanted to change the custom won and you lost. You think your traditions are better and should apply to all of society.

    You also don't seem to realize there's a difference between civil and religious marriage. It's a typical fallacy in this debate "It's called the same so it's the same thing". No, it's not the same thing.
    Religious marriage is symbolic. As far as I'm concerned your church can marry and not marry whoever it wants.
    But civil marriage is mostly a legal agreement - it defines how property is shared, sets up the rules for inheritance, gives the members of the couple the power to make decisions about the health and life of their spouse (such as when a spouse is in a coma), etc. These practical implications make marriage important for everyone, including gay couples.
    Finally, I would also argue that even if civil marriage is done for symbolic reasons (such as simply officializing a relationship between two people, much like religious marriage does), that still doesn't mean religion should decide what civil marriage is. Because which religion exactly should get to define what civil marriage is? In a country where religion and government are separate, no religion gets to make that call.

    As for your claim that people opposed to polygamy use the same arguments as those opposed to gay marriage, well I can see plenty of reasons to oppose polygamous marriages that don't apply to gay marriage. Mainly because polygamy is a marriage involving 3+ people, which is different than a marriage between 2 people. And you can't compare that to the difference between gay and straight marriage, sorry. Having a marriage involving 3+ people creates a lot of issues that gay marriage does not create. Some examples:
    - First, should we require all people involved to be married to each other, or is it OK if in a 3-person marriage, two of the persons are married to the third person but not to each other? Why or why not? Yeah I'm sure we can answer that question but it's going to require some serious and careful thinking (which gay marriage didn't require).
    - If a spouse falls in a coma, and the other two spouses disagree on whether to shut off life support, who prevails?
    - The law provides that, upon your death, a certain percentage of your property goes to your spouse (let's say 40% for the sake of example). Other percentages go to your children and other relatives. If you had two spouses would they both get 40% (for a total of 80% - leaving only 20% to your relatives who would normally share 60%?); do both spouses share 40% - 20% each? What if you have 10 spouses?
    - Another inheritance issue: as long as you were alive your 10 spouses were happy living together in the same house. After your death, they grew apart from each other and now want to live separately. How are they supposed to solve disputes and share a house when it belongs to 10 different people? Note that simply selling the house might be an issue since each spouse won't get enough money out of the sale to buy a new home.
    - A married man could just give up on his first wife and marry a second wife, without divorcing the first. How do we protect the rights of the first wife? Let's say the first wife must agree to her husband marrying a second wife, what prevents the husband from unofficially abandoning her later on? And if the guy already has 49 wives, do they all need to agree for him to marry a 50th wife? What if 48 agree and one doesn't, can the majority take the single dissenter to court over this?
    - How do you solve child custody issues in a divorce case when a marriage was made of 3+ people? Only biological parents get custody? What if none are the biological parents? How do you organize visitation rights for 10 parents?
    - And one important question of course: where do we draw the line? 3 people per marriage only? 10 only? 50? 100? 1000? How do we even

  104. Re:Why haven't these police officers been arrested by Magada · · Score: 1

    It's actually because by and large you're cowards (being the richest people in the world did that to you) and you're not angry enough yet. People got shot in Syria today for protesting. Doubtlessly, more people will be shot tomorrow. In the meantime, you are thinking up ways to cover your ass when you next go "protest" in a "free speech zone" with an "Anonymous" mask on your face and a lawyer on speed-dial.

    --
    Something bad is coming when people are suddenly anxious to tell the truth.
  105. Similar story from Sweden by Anonymous Coward · · Score: 0

    A few years ago, a swedish journalist photographed a pair of undercover policemen harassing kids at the subway station while they're were doing some kind of extra work for the subway company. He was force to delete the pictures and video clips, but with a bit of ssh+dd the file system were backed up and the files later restored, and the story got ot.

    Quite fun read (though auto-translated):
    http://translate.google.com/translate?sl=sv&tl=en&js=n&prev=_t&hl=en&ie=UTF-8&layout=2&eotf=1&u=http%3A%2F%2Ftuggarna.posterous.com%2Fpolisen-som-mitt-i-tunnelbanan-star

  106. Re: Judges ruling by sFurbo · · Score: 1

    Either your usage of "very recently" is rather different from normal useage, or your are spouting bullshit.

  107. Re: Judges ruling by Anonymous Coward · · Score: 0

    Where I live (the Netherlands) there is a distinction between civil and church marriage. Religious groups in my country make the same argument you do, but they fail to recognise that a civil marriage is not the same thing as their church marriage. They are connected, if you do both you usually, if not always, do it on the same day and have one party, but they have different meanings. The civil marriage is basically a contract. A special one, third parties are required to respect the marital status. As far as I'm concerned the church can look at *their* marriage any way they see fit, but don't claim what civil marriage is about, it is *not* a religious thing. Get used to the fact that some words have more than one meaning. People get married for other reasons than having children, perhaps because they really intend to spend their lives together and want to make a big occasion out of it because it is that big for them. There are people who can't have childeren or choose not to have them but still get married. I never heard an objection about someone who is known to be sterile getting married, and that makes me suspect it's not really about starting a family but because of homophobia that gay marriage is opposed.

  108. Pro TIP by DrSkwid · · Score: 1

    Make the first photo on your camera be

    0 / 1000 Photos

    or

    EMPTY

    or some such

    --
    There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
  109. Re: Judges ruling by FireFury03 · · Score: 1

    Im so tired of hearing about homosexual marriage already. Just stop. Marriage is a religious ceremony recognized by the state and federal governments.

    Personally I dont think state and federal government should recognize ANY marriage. Only the joining of domestic partners for tax purposes. Let organized religion worry about marriage.

    Marriage really isn't a religious ceremony - it is a promise between two people. Pretty much all religions have tailored ceremonies around marriage, but the fact that it is pretty much universal (i.e. pretty much all cultures have something akin to marriage, whatever religion they do or don't follow) makes it not a fundamentally religious thing.

    Personally, I do think that marriage should mean something legally - it is a contract and should be treated the same as any other contract. In this regard, you shouldn't have to have a marriage ceremony to get the same legal position - a simple paper contract between the two parties should be equivalent.

    What I _do_ object to is the government dictating _how_ people get married. For example, speaking from the perspective of UK laws:
    - You have to get married in a licensed venue - why not let the couple choose somewhere special to them to get married rather than dictating a restricted number of venues?
    - You have to get married under a roof - no getting hitched on the beach.
    - You have to get married within certain daytime hours, so getting married under the beautiful stars is a no-no.
    - If you want a civil ceremony, you're allowed nothing religious in it, so for example, if you're a christian you pretty much have to get married in a church since getting married in your local castle, hotel, etc. is a civil ceremony and therefore cannot have any religious content. (I'm not religious, but I don't see any reason for restricting people from having whatever type of ceremony they like).

    Some of rules have caused problems for me personally because they mean that my faincee and I cannot get married where we would choose (on top of a mountain, in the snow in winter - not under a roof so it isn't allowed). I simply don't see why there is any benefit to anyone placing these sorts of restrictions on people - the important thing is that two people are making a contract between each other and it really shouldn't matter where, when or how they choose to do it.

  110. Re: Judges ruling by mcgrew · · Score: 1

    No, ruling a law unconstitutional does NOT create a new law. It removes an illegal law from the books -- the Constitution is the supreme law of the land, and if a law overrides your rights, it is not legal and a judge should throw it out.

  111. Re: Judges ruling by phlinn · · Score: 1

    The only way to declare a constitutional amendment null and void is if it didn't follow procedures to be put into law. If an amendment conflicts, the latest provisions override.

    --
    "Pulling together is the aim of despotism and tyranny! Free men pull in all sorts of directions" -- Havelock Vetinari
  112. Re:Why haven't these police officers been arrested by n5vb · · Score: 1

    In the meantime, you are thinking up ways to cover your ass when you next go "protest" in a "free speech zone" with an "Anonymous" mask on your face and a lawyer on speed-dial.

    More often than not, people who protest here are worried about official tactics and strategies designed to neutralize protests in the first place. Getting arrested or even possibly shot can be an acceptable risk if you can get your message across in the process, which with many of the tactics in use here today is questionable at best. And as of yesterday, it's possible for certain three letter entities to grab us right off the street before we even get to where a protest is happening.

    And trust me, there are plenty of people in this country who understand the profound injustice of herding anyone with any objections into "free speech zones" far from anywhere they could be effective at all. That's required some creative adjustments in protest tactics, and for the most part, the majority here are still so blinded by the mythology of the USA as a place where "it can't happen here" and there are still so few of us who see the reality that pushing too hard just gives the powers that be an excuse to crack down and shut us up by force. That will change, I'm sure, but the numbers just aren't there yet .. it's a hearts and minds game at present. Different country, different situation, different rules, different strategies.

  113. Re: Judges ruling by mcgrew · · Score: 1

    Personally I dont think state and federal government should recognize ANY marriage. Only the joining of domestic partners for tax purposes.

    I don't even think government should have a hand in that. Why should a widow with one child pay more in tax than a childless married couple earning the same amount?

  114. FDLE=metacops by Anonymous Coward · · Score: 0

    In Florida the metacops are FDLE. And there is lots of animosity between local police and FDLE for just this reason.

  115. Re:Why haven't these police officers been arrested by n5vb · · Score: 1

    Really? Can you give some examples?

    That's the thing. Would we know? No one who knows about the kinds of detentions that are authorized now (as of the NDAA taking effect yesterday) is allowed to tell anyone.

    It's always a possibility, and it's always cause for concern. The agencies involved have given us (citizens) some simple assertions of goodwill saying they won't, but there's little or no actual accountability keeping them from doing so -- in the actual law, there's absolutely nothing stopping them from using any of the powers they've been given to round up protesters under the pretext of antiterrorism. And it's very likely that it could go on for quite some time without any news of it reaching the public. So, to answer your question, no, I can't give examples, but I wouldn't expect to be able to. We just don't know, and we can't know, for sure. Ordinarily, I'd agree with you, but as things stand now, there are reasons we wouldn't be able to cite examples..

  116. Reallity check by MickLinux · · Score: 1

    I don't think 25% are committing crimes. Let's guess that fewer than the general populace are. So for a relatively high standard of crime (say, robbery, not speeding), the general populace might have 5% committing crime.

    I justify the police having a lower percentage, because the police *do* sometimes catch their own, and evict them -- plus it can happen in different venues where they get caught and prosecuted. So maybe 3% are actively seriously criminal.

    Then of those 3%, how many are simply not caught because they don't do it out in the open?

    I think a lot of police, therefore, may well be good police.

    --
    Correct Horse Battery Staple: 72 bits of entropy. Enter "Correct H" into google. When it generates the phrase, that's
  117. Re:Privelege...huh? by Lashat · · Score: 1

    but I was modded a troll. hrmpf. thanks to whomever wasted that mod point.

    --
    For every benefit you receive a tax is levied. - Ralph Waldo Emerson
  118. Re:Why haven't these police officers been arrested by KhabaLox · · Score: 1

    So, to answer your question, no, I can't give examples, but I wouldn't expect to be able to. We just don't know, and we can't know, for sure. Ordinarily, I'd agree with you, but as things stand now, there are reasons we wouldn't be able to cite examples..

    I don't know. On this I kind of lean toward the Alien Landing Conspiracy Rule: the government is not capable enough to keep such a conspiracy secret. It's not really the same, of course, but I have a hard time believing that the government would be able to arrest and indefinitely detain protesting citizens on any type of scale without word getting out or questions being asked. People have families that will miss them. Everyone is recording these events and pushing them out to the internet. I think its a bit paranoid to assume that the government could really pull citizens off of public streets and detain them in secret on any type of scale. They're much more likely to do it publicly, and play the terrorism card to the hilt (to mix my metaphors).

    --
    Ceci n'est pas un sig.
  119. Re: Judges ruling by Anonymous Coward · · Score: 0

    I wish the term "Marriage" would just go away completely. I happened to be married, but the with all the hateful discrimination that some people have been attaching to the term lately, I would much rather just have a "civil union" with my wife. The United States government should just change the term as well. Just call marriage a civil union, and no longer acknowledge the word marriage. Then all the people who claim the sanctity is violated can keep their sanctity, and us sane people can move on with our lives.

  120. Why haven't these police officers been arrested? by RockDoctor · · Score: 1

    Because they have got guns?

    --
    Birds are not dinosaur descendants;birds are dinosaurs, for all useful meanings of "birds", "are" and "dinosaurs"
  121. Re:Why haven't these police officers been arrested by Magada · · Score: 1

    On the contrary. The time to provoke over-reaction (a crack-down as you call it) is now, when information still travels relatively unimpeded. Generally speaking, time is not on your side.

    --
    Something bad is coming when people are suddenly anxious to tell the truth.
  122. Re:Why haven't these police officers been arrested by n5vb · · Score: 1

    On the contrary. The time to provoke over-reaction (a crack-down as you call it) is now, when information still travels relatively unimpeded. Generally speaking, time is not on your side.

    True on first approximation, but that leads to the question of who goes first and takes one for the team, so to speak? And thus it becomes a Nash equilibrium, because people act as self-interested individuals, and few if any are willing to be in that first wave because very few people are willing to commit that much even to demonstrably noble ideals .. and making that strategy work requires enough people to be willing to move toward such a provocation that it's impossible to dismiss it as a few rogue troublemakers taunting our brave boys in blue. To paraphrase an earlier commenter in the thread, we're not mad enough for that strategy to work yet, because the anger hasn't reached critical mass yet, because too many people here still believe that legal==moral==ethical and fail to grasp the true insanity of militarized police acting extralegally as counterrevolutionaries. This country just has too many ways of either keeping things out of the news or drowning them in the noise of reality TV and celebrity gossip and NASCAR and football.

  123. Re:Why haven't these police officers been arrested by Magada · · Score: 1

    True on first approximation, but that leads to the question of who goes first and takes one for the team, so to speak?

    Manning, among others.

    --
    Something bad is coming when people are suddenly anxious to tell the truth.