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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.

34 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.

      --
      No sig today...
    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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      have you seen my sig? there are many others like it but none that are the same
    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.

      --
      "A person is smart. People are dumb, panicky dangerous animals and you know it." - K
    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.

  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: 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".

    2. 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)

    3. 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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    4. 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.

    5. 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 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.

      --
      If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...
    2. Re:For speed traps, even more effective by Uberbah · · Score: 5, Insightful

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

      Fixed.

  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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  9. 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"

    --
    Domestic spying is now "Benign Information Gathering"
  10. 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
  11. 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.
  12. 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.

  13. 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?

    --
    "I say we take off, nuke the site from orbit. It's the only way to be sure."
  14. 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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