NYPD To Google: Stop Revealing the Location of Police Checkpoints (nypost.com)

schwit1 shares a report from the New York Post: The NYPD is calling on Google to yank a feature from its Waze traffic app that tips off drivers to police checkpoints -- warning it could be considered "criminal conduct," according to a report on Wednesday. The department sent a cease-and-desist letter over the weekend demanding Google disable the crowd-sourced app's function that allows motorists to pinpoint police whereabouts, StreetsBlog reported. "Individuals who post the locations of DWI checkpoints may be engaging in criminal conduct since such actions could be intentional attempts to prevent and/or impair the administration of the DWI laws and other relevant criminal and traffic laws," wrote Acting Deputy Commissioner for Legal Matters Ann Prunty in the letter, according to the website. My $0.02 is that the NYPD loses on first amendment grounds.

Comments

NYPD is willfully ignoring the law

[Anonymous Coward]

About 5-10 years ago, there was a Supreme Court opinion that said people flashing their headlights to indicate a police presence was a 1st amendment right.

Re: NYPD is willfully ignoring the law

[Anonymous Coward]

Elli v. Ellisville, 2014.
Initial hearing in Federal District court was a temporary injunction against the town of Ellisville, second hearing resulted in a permanent injunction. The district court judge noted that headlight flashing was a personal expression and protected under the first amendment. Read Section 32.
https://www.courtlistener.com/docket/4299176/elli-v-ellisville-missouri-city-of/

Since it's caselaw in the 8th Circuit court, to win, the NYPD would have to sue Google in a higher appellate court *and* prove that particular expression constituted an immediate threat to life or limb, which would be required to override 1st Amendment protection by Law Enforcement.

badges for bad guys

[PopeRatzo]

When did policing in the United States become gestapo-like? I mean, it's always been that way for certain minority groups. I get that. But now it's just across the board, from local cops to staties to border patrol and that deepest of the deep state, ICE (who is actually not under the jurisdiction of any US court, if you can believe that).

It's gotten to the point that anyone who wears a badge is the enemy. Cops in neo-Nazi gangs. Well, maybe not park rangers, but everyone else? Fuck them.

Re:badges for bad guys

[Bruinwar]

Ahm.... these are DUI checkpoints. The revenue is not much, but they get drunk drivers who are currently drunk off the road. This isn't speed cameras or other big ticket revenue generators.

DUI convictions are huge money for municipalities. If somehow all alcohol users stopped driving, there would be budget shortfalls. A budget shortfall actually happened in the city of Westland Mi about 10 years ago due to a "labor action" on the part of the police department over contract negotiations. They stopped pulling people over & arresting them for DUI for several months.

The massive fines for DUI is actually part of many cities budgets.

For speed traps, even more effective

[Frobnicator]

The article talks both of DWI and of other speed and safety traps.

The goal for speed enforcement is (or should be) for drivers to slow traffic down to the speed limit and drive safely. When the alerts show up, that is exactly what drivers do near the checkpoint. MISSION ACCOMPLISHED, at least in that zone.

What they should be asking for is inserting extra markers when dangerous conditions are forming, so those app users can reduce traffic speeds before a crash occurs.

Re:For speed traps, even more effective

[JaredOfEuropa]

The ultimate goal is to slow people down to the speed limit. To try and accomplish that, the police issue fines: “you don’t want to pay that every time you drive too fast”, and to instill the idea that the likelihood of getting a fine when speedin is quite high: “we are watching”. For the second point, the police over here actually do publish the locations of speed traps themselves... just not all of them. A study suggests that it actually helps; people don’t keep checking the mile markers to see if they are near the speed trap, they tend to stick to the limit for a far larger stretch rather than keep speeding (and slamming the brakes as soon as they spot the camera).

In some other European countries it is illegal to announce the location of speed traps. One radio station got around that by reporting incidences of “falling stars” instead.

Response

[rmdingler]

There is.

TWO FRIENDS ARE DRIVING HOME after a night on the town. A few miles from their freeway exit, they see a sign that reads “Drug Checkpoint 1 Mile Ahead.” There is nothing to worry about—neither party is carrying contraband and the driver is sober. But their exit is only a few miles away and the weary travelers want to avoid the hassle of a stop. The driver takes the first exit he sees after the sign; much to his surprise, he encounters a drug checkpoint located at the bottom of the off-ramp. The bewildered driver turns to his companion and asks; “Can they do that?” Regardless of whether law enforcement can use such tactics, they have.

Re:Response:

[ganjadude]

in NY it is law for them to post where these are going to be anyway.... so I am not really sure what their complaint is. what that waze is posting what the PD is legally obligated to post before any checkpoints anyway??