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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.

53 of 389 comments (clear)

  1. Response: by reanjr · · Score: 4, Insightful

    SOTU to NYPD: STFU

    1. Re:Response: by Joce640k · · Score: 4, Insightful

      If only there was a way for the police to use this to their advantage, eg. to herd all the checkpoint-evaders into a trap.

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    2. Re:Response: by MitchDev · · Score: 5, Insightful

      Amen to that. You claim it's all about safety and not revenue? Visible cops will deter bad driving more than hidden speed traps and these bullshit "Checkpoints"...
      Fuck you and your secret police shit.

    3. Re:Response: by rbgnr111 · · Score: 5, Insightful

      I totally agree. In fact I think the hidden speed traps are more hazardousness than they are helpful.
      There have been too many times when I'm jamming on the breaks and swerving into the median trying not to hit the car in front of me, or seeing this in cars ahead, because we went from 70 down to 45, just because over a hill or around a corner was a speed trap.
      when you see the police just driving in traffic, people slow down, less abruptly, and drive more safely. The speed traps are all about revenue and have nothing to do with public safety.

    4. Re:Response: by ganjadude · · Score: 5, Interesting

      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??

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    5. Re:Response: by ArhcAngel · · Score: 3, Insightful

      Many PD have used this tactic. But in Waze when the alert pops up the driver can confirm it, ignore it, or report that it is inaccurate. And unless the PD is using a GPS spoofing utility someone has to physically be wherever they want to place the fake checkpoint. Because you need an account to use Waze numerous fake reports can get your account suspended.

      --
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    6. Re:Response: by currently_awake · · Score: 3, Insightful

      Police have claimed that putting a GPS tracker on a car is ok. Something about no expectation of privacy in a public place.

    7. Re:Response: by Anonymous Coward · · Score: 5, Insightful

      If you need to swerve to avoid hitting the car in front of you, you are too close. Leave a larger stopping distance for your own safety.

    8. Re:Response: by eepok · · Score: 2

      This has always been a tongue-in-cheek requirement. They'll post it on their website, on a bulletin board in City Hall, and/or a local newspaper knowing damn well that drunk drivers plan their nights around the postings.

      Said drivers, however, are willing to throw on Google Maps/Waze when they stumble into their vehicles after a night out. And Google/Waze will be there to help them crash into someone instead of being arrested.

  2. NYPD is willfully ignoring the law by Anonymous Coward · · Score: 5, Interesting

    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.

    1. Re:NYPD is willfully ignoring the law by Anonymous Coward · · Score: 2, Insightful

      Citation?

    2. Re:NYPD is willfully ignoring the law by Anonymous Coward · · Score: 3, Insightful

      Well, they have guns, so you have to agree. This is at the same time they protest that you shouldn't have guns, because it weakens the violence-factor of their guns.

      It seems the government wants their cake and wants to eat it, and then order another 50 cakes. You can't put the whole universe under 100% intense surveillance daily and expect they won't want to know what you're up to. Government acts don't carry zero consequences by public measure.

      Also, we're mostly clued into the idea that your goals don't coincide with ours. Public order is only the government definition of the same. Please try harder to explain how "this is good for us".

    3. Re:NYPD is willfully ignoring the law by Anonymous Coward · · Score: 5, Informative

      I haven't found a Supreme court opinion on the subject, but a Federal district court judge granted a preliminary injunction against the City/Police in Ellisville Missouri regarding this. See "Elli vs Ellisville" from 2014. (I am not the same AC you asked for a citation, just thought I'd give googling for one a shot)

    4. Re:NYPD is willfully ignoring the law by PolygamousRanchKid+ · · Score: 5, Informative

      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.

      This popped up way back in the 70's in the US, when social media was Citizen Band (CD) radios.

      Truckers would alert each other to where "Smoky" (a cop) or other "Bears" (yet more cops) were hiding.

      Normal folks would just tune in and listen to the "traffic reports", and were most grateful to the truckers.

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    5. Re: NYPD is willfully ignoring the law by Registered+Coward+v2 · · Score: 2

      Weâ(TM)ve got a Kojak with a Kodak...

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    6. Re:NYPD is willfully ignoring the law by schwit1 · · Score: 2, Insightful
    7. Re: NYPD is willfully ignoring the law by Anonymous Coward · · Score: 3, Interesting

      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.

    8. Re:NYPD is willfully ignoring the law by bigpat · · Score: 4, Insightful

      I haven't found a Supreme court opinion on the subject, but a Federal district court judge granted a preliminary injunction against the City/Police in Ellisville Missouri regarding this. See "Elli vs Ellisville" from 2014. (I am not the same AC you asked for a citation, just thought I'd give googling for one a shot)

      And the standard here isn't that people were helping people get away with criminal behavior. Flashing your lights at someone (and by anology letting people know about a police checkpoint) is the equivalent of telling someone not to commit that crime. This isn't the equivalent of a look out for a drug lab radioing in to let them know about a police raid.

      So if you are speeding and I flash my lights to warn you of a speed trap that doesn't help the furtherance of a crime, you are going to slow down and comply with the speed limit. Likewise if there is a police checkpoint then you are going to drive more carefully or might just decide to stop driving if you had a couple. People are going to stop the criminal behavior, at least for a period of time.

      Deterrence is the whole point of having speed traps and police check points... which is completely in-line with people being made aware of them.

  3. badges for bad guys by PopeRatzo · · Score: 4, Interesting

    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.

    --
    You are welcome on my lawn.
    1. Re:badges for bad guys by dcw3 · · Score: 4, Informative

      To continue to be a traffic cop they must consistently bring in at least as much as they are paid, in revenue. Thats the bare minimum too.
      I doubt america is so retarded that traffic cops get paid by the ticket "revenue" they bring in ...

      Then your doubt is ill placed. Years ago, a local police chief admitted to the Washington Post that they have quotas for traffic tickets. It's been common knowledge that this is the case in most jurisdictions. You'll also note that police departments are able to confiscate just about anything used in a crime, from cars to cash.

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    2. Re:badges for bad guys by jythie · · Score: 3, Insightful

      Eh, the checkpoints and people trying to get around them is an issue going back decades, and a pretty contentious one since it tries to address one of those areas where 'but my freedom!' ends up killing 3rd parties.

    3. Re:badges for bad guys by Bruinwar · · Score: 5, Interesting

      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.

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    4. Re:badges for bad guys by Actually,+I+do+RTFA · · Score: 3, Informative

      Quotas are different than getting paid by the ticket. Cops don't get a commission for giving tickets. They are expected to give a certain number per month.

      I also know some states have non-tickets that count towards this quota. So, for instance, warnings for headlights being out or pulling over someone suspected of being drunk (but is just a little sloppy) still results in some paperwork. Because how do you know your traffic cops are doing anything if they go out for eight hours and wrote nothing down? They could be goofing off like in Super Troopers.

      And confiscation is a different kettle of fish altogether.

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    5. Re:badges for bad guys by edtice1559 · · Score: 2, Insightful

      How the heck did this get modded up? DWI checkpoints are a reasonable law enforcement tactic. The reason that we may want to side with Google here is because the need for law enforcement needs to be balanced with first amendment protections. Not because enforcing DWI laws in inherently bad.

    6. Re:badges for bad guys by PopeRatzo · · Score: 4, Insightful

      DWI checkpoints are a reasonable law enforcement tactic.

      "DWI checkpoints" are not used to catch drunk drivers. They mainly go after expired plates, unpaid tickets, outstanding warrants. auto insurance, minor drug offenses.

      They're document checks, nothing more. The statistics on this are pretty clear.

      --
      You are welcome on my lawn.
  4. For speed traps, even more effective by Frobnicator · · Score: 5, Interesting

    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.

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    1. Re:For speed traps, even more effective by JaredOfEuropa · · Score: 4, Interesting

      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.

      --
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    2. Re:For speed traps, even more effective by Anonymous Coward · · Score: 2, Insightful

      If people know where the speed traps are then they feel free to speed everywhere else.

      And of course, the idea that the speed limit is simply too low is never even considered.

    3. Re:For speed traps, even more effective by Uberbah · · Score: 5, Insightful

      Actually, the goal of a speed trap is to generate revenue

      Fixed.

    4. Re:For speed traps, even more effective by Anonymous Coward · · Score: 2, Informative

      You are operating on the assumption that traffic tickets are about safety. In reality its about looting the public for money.

    5. Re:For speed traps, even more effective by AmiMoJo · · Score: 2, Insightful

      Are there any studies on how many extra accidents speed traps cause?

      Sudden braking, people looking for the hidden speed camera vans instead of at the road, driving too slowly because they aren't sure what the limit is or don't trust the janky speed detectors, that kind of thing.

      This has happened to me a few times. People suddenly braking when they see the van, or doing 15 in a 40 zone. Once I was distracted by a van that looked kinda like a speed cam van, and when the real ones are out my strong instinct is to keep checking the speedo rather than watching the road carefully.

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    6. Re:For speed traps, even more effective by asylumx · · Score: 2, Informative

      It's easy to tell when a cop is there to slow traffic down as opposed to generating revenue. If the cop car is easily visible, they are trying to slow traffic down -- people will see the car and slow down. If they are hidden, they are trying to catch people i.e. generate revenue, not slow the overall traffic -- most cars won't see the cop car and will remain at high speeds.

    7. Re:For speed traps, even more effective by GuB-42 · · Score: 2

      And of course, the idea that the speed limit is simply too low is never even considered.

      One thing I don't understand about the US is that almost everyone drives 5-10mph over the speed limit, no more, no less. I mean, if you care, why not drive at the speed written on the sign? It the tip culture so well established that you also need to tip speed limits?
      The worst part is that I'm sure that if someone decided to actually set the speed limit to the actual speed people drive, people will just drive faster, so road planners most likely take that into account when setting speed limits. That's a vicious circle.

  5. Avoiding checkpoints by mysidia · · Score: 5, Insightful

    This app also assists Lawful and Non-Impaired drivers in avoiding the inconvenience or uncomfortable situation of happening upon an unexpected checkpoint and possibly becoming subject to some search or test that they wish to avoid.

    In other words.... this functionality has lawful and beneficial uses, contrary to what their letter suggests.

    Furthermore, the submission, sharing, and dissemination of this information about government activity is speech of a political nature among the types of speech most strongly protected by the 1st Amendment of the US constitution, which the NYC PD is not above.

  6. Hey NYPD.. by jcr · · Score: 4, Insightful

    Go read the first amendment, and then go fuck yourselves. We have every right to tell each other about unwarranted surveillance.

    -jcr

    --
    The only title of honor that a tyrant can grant is "Enemy of the State."
    1. Re:Hey NYPD.. by jcr · · Score: 4, Informative

      maybe we should think about what exactly we're promoting here?

      What I'm promoting here is my right to tell someone else about surveillance. If you have an issue with that, go fuck yourself.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
  7. Re:People who look out for traffic cops by bugnuts · · Score: 5, Insightful

    The law says you have a right to not be detained without reasonable cause, and freedom in security of your belongings from unwarranted searches.

    Checkpoints prevent these lawful protections.

    They get around this in some areas by publishing where these checkpoints will be. All of these actions take away rights by claiming exigent circumstances or public interest. Due to well-deserved lawsuits, they have to restore those rights somehow to prevent abuses.

    But you're complaining about how those rights are restored. You are backwards.

  8. Response by rmdingler · · Score: 4, Interesting

    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.

    --
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    1. Re:Response by Anonymous Coward · · Score: 2

      Yep. While it is illegal for you to lie to law enforcement, it is not illegal for law enforcement to lie to you.

  9. Re:Good for them by Anonymous Coward · · Score: 2, Insightful

    RTFA. This is about DWI checkpoints. Speed traps are one thing, but fuck you if you think driving drunk is some sort of right.

  10. Re: People who look out for traffic cops by Ogive17 · · Score: 2

    In my area the checkpoints are published and I believe that is required. They also cannot check every driver and must stick to a strict pattern, like every 5th car, to avoid bias.

    --
    "Action without philosophy is a lethal weapon; philosophy without action is worthless."
  11. DUI check points need to go back to the Supreme Co by skam240 · · Score: 2

    DUI check points need to go back to the Supreme Court. Decades ago they were deemed a necessary limitation to our right to not be detained by the government for absolutely no reason, in the name of public safety (getting drunks off the roads). In the last couple of decades though multiple studies have shown that saturation policing is both cheaper and more effective at stopping drunks rendering that ruling inaccurate

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  12. Fuck checkpoints by AndyKron · · Score: 2

    There shouldn't be any checkpoints. Keep the app up and make more

  13. Public Slashdotters. by 140Mandak262Jamuna · · Score: 2
    We might argue here splitting hairs. But public is likely to side with NYPD than with first amendment warriors.

    Back when speed limits was very low and there was no alternative to drinking and driving majority of the public hated the speed traps and DWI check points. And would be in a mood to support the dodgers because they might need to dodge it themselves at some point.

    But now with easy Uber clones and public info campaign, most people avoid drinking and driving. Speed limits have gone up to 70. A very large majority of the the public no longer feel these checkpoints are targeting them, but instead they are targeting the "others", "them speed maniacs, and them drunken drivers". Public support is likely to be with NYPD, whether they win in courts or not. Google has a "win the court lose the people" dilemma in its hand.

    --
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  14. Re: State wants it to be illegal to tell each othe by rbgnr111 · · Score: 2

    you also don't realize until you go to court, most times those people have no money and will never pay you.

  15. Re:Good luck with this... by AHuxley · · Score: 4, Insightful

    The driver and any passenger face gets some quality CCTV well before any checkpoints.
    Any smart phone is detected.
    No smart phone detected? Talking at the checkpoint is the voice print.
    The constitutionally approved magic is a K9 unit that can alert on command.
    That allows for the K9 approved "search"

    --
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  16. Re:State wants it to be illegal to tell each other by Duhavid · · Score: 4, Insightful

    You have not been paying attention.

    When you give your money to a company to build the road, they will make sure they own the road.
    You will pay for it, though the nose, because they have you over a barrel. But they will own it
    And they will charge you extraordinary amounts of money to use it. You and everyone.

    Sure, government needs to be watched ( so, why arent we watching ), but corporations need watching too.
    The Randian notion that corporate execs are uniformly stalwart pillars of truth, justice and fairness does not seem to apply.
    I wish like heck it did, but it dont.

    --
    emt 377 emt 4
  17. Re:Good for them by mysidia · · Score: 2

    n fact in order to pay money to these people you basically have to break the law.

    No, that does not really work... well, maybe, unless you need to Park your Car; or you just somehow happen to be near the camera's view after someone else recently made a violation.

    Donald Schultz provides the latest example of municipal malfeasance: A speed camera has issued at least ten speeding citations since 2011 to the Nissan Frontier that Schultz parks in front of his house. A car doing more than the posted 35-mph limit triggers the camera, located in the median of Canal Boulevard, but the camera reads the stationary Frontier's license plate instead of the one on the speeding vehicle.

    The issue has been a seven-year hassle for Schultz because he has to go to City Hall to get each ticket overturned. He told Fox News, "It got so bad that years ago I even had a [telephone] number of a person [in the traffic violations office] so that if I called them directly I didn't have to go down there." The problem ended for a time - in 2016 a contractor repositioned the speed camera away from Schultz's car. When city workers moved the camera back to its original position at the end of last month, Schultz received two citations in early April, the most recent one due to a speeding New Orleans Police Department vehicle.
    ....

    The city told WWL-TV that each citation must be approved by a technician, and then by an NOPD officer, meaning two pairs of eyes repeatedly ignoring the details on the citation.

  18. Tell the cops to go pound sand by Miles_O'Toole · · Score: 4, Insightful

    If they're allowed to get away with this, you can bet it won't be long before they'll be trying once again to make it illegal to video them when they're beating the crap out of somebody.

    The police need to be smacked down hard. If you happen to be part of a demographic they don't particularly like, your odds of getting beaten or killed by the cops for no particular reason are higher than your chances of being injured or killed in a terrorist attack.

    --
    Only two things are infinite, the universe and human stupidity, and I'm not sure about the former.
  19. Re:State wants it to be illegal to tell each other by Pascoea · · Score: 3, Insightful

    No victim, no crime.
    Someone hits you, then you own their ass until repaid.
    That and voluntarily insuring yourself will cover it.

    If nothing else, you sovereign citizen lunatics give me something entertaining to watch on youtube. I love watching your dumb asses blather on about how you're "not driving, you're travelling, and you don't need a license for that!", then get your car window busted out and dragged out of a car while screaming "no victim, no crime." Not sure why, but that amuses me.

    Actually on topic... sorry. "Someone hits you, then you own their ass until repaid." So when someone kills my wife/brother/mother/son because they were driving way too fast for conditions and caused an accident I "own them" until they provide me a replacement loved one? I'm not sure if you know, but that's not how things work. Do we incarcerate that person for the rest of their life? Do they owe me some number of millions of dollars? When should I consider myself "repaid"?

    Seems to me that a mutual understanding that "this road was designed to handle traffic at 25mph", posting some sort of notice that indicates as such, and paying a couple people to make sure motorists drive within those established guidelines would make a bit more sense.

  20. What to say by Bodhammer · · Score: 4, Informative

    I am going to remain silent. I want to see a lawyer.
    I do not consent to this search.
    Am I being detained? Am I free to go?
    Am I under arrest? What are the charges?

    --
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  21. Say what? by gosand · · Score: 2

    Deterrence is the whole point of having speed traps and police check points... which is completely in-line with people being made aware of them.

    Speed traps and check points have NOTHING to do with deterrence. They generate revenue, plain and simple. And perhaps prevention in the case of DWI checkpoints.

    --

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  22. Go look up Beau of the Fifth Column by rsilvergun · · Score: 5, Informative

    on YouTube.

    Long story short it's a symptom of Tough on Crime Laws and police militarization that's created an "Us vs Them" mentality. The Drug War hurts a lot too since a large percentage of folks smoke pot or know someone who does and that means you're always scared shitless when a cops around since they can arrest you and take your stuff.

    The solution's easy: Stop Voting for Tough on Crime politicians, end the Drug war and stop civil asset forfeiture (which was created for the Drug War anyway). There's a few other odds and ends we can do (California has an anti-speed trap law, and properly funding your police so they're not dependent on civil asset forfeiture is a good start) too.

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