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Legality of Warrantless Cellphone Searches Goes to Courts and Legislatures

Legality of Warrantless Cellphone Searches Goes to Courts and Legislatures | Police Problems and Policy | Scoop.it

Cel phones are easily destroyed along with the information contained on them.  Who watches out for the interests of victims (like the little boy beat--and killed--by mom's boyfried)?  Don't we weigh the expectations of privacy with the victim's right to justice?

 

Is it really reasonable to expect cops not to look at cel phones in those circumstances?

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Morgan Hostina's comment, November 28, 2012 12:54 AM
I understand all of the reasons why law enforcement would want access to this trove of information. It contains thoughts, times, and locations. A great deal of evidence that is often much more difficult to determine. That being said, this strikes me as a classic case of privacy interests. It reminds me very much of the Wong Sung case that helped establish the exclusionary rule and the "fruit of the poisonous tree" doctrine. This is obviously private information that was obtained in an impermissible manner. Its just a shame that this case had to be the one that will likely be creating case law specific to cell phones.
Rob Duke's comment, November 28, 2012 2:03 AM
Is Carroll vs. U.S. (1925) and the automobile exception analagous to cell phones? The court created an exception for warrantless searches on cars because autos are mobile and easily moved while officers seek warrants. In most cases, this is a mute point because bad guys do their best to destroy their phones when stopped by the police (we, of course, have good systems to retrieve info but it happens 9-5 mon-fri so we have plenty of time to seek warrants). The only other time is when we have exigent circumstances and we have another exception for exigencies.

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Police Problems and Policy
Examining the possibilities of abuse of power without the constraint of New Public Administration.
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New S.F. police headquarters commands respect, if not love

New S.F. police headquarters commands respect, if not love | Police Problems and Policy | Scoop.it
The compound sets two five-story blocks of glass on top of a thick concrete podium that extends around a small brick fire station from 1928. The 264,000-square-foot structure places the new headquarters for the San Francisco Police Department above district police and fire stations and a 240-car parking garage. If there’s a cataclysmic earthquake, the compound is packed with enough water and power back-up that it can keep functioning for 96 hours. With a checklist like this, the wonder is tha
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Cleveland Agrees to Strict New Policing Rules After Federal Probe

Cleveland Agrees to Strict New Policing Rules After Federal Probe | Police Problems and Policy | Scoop.it
Will rein in use of force, which Justice Department found excessive
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L.A. SWAT officer violated policy in use of Taser, police panel says

L.A. SWAT officer violated policy in use of Taser, police panel says | Police Problems and Policy | Scoop.it
A Los Angeles police SWAT officer violated department policies last year when he used a Taser on a mentally ill homeless man standing on a downtown rooftop who then fell to his death, the LAPD's civilian overseers recently concluded.
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Sex, Piss, and Violence: My Life as a Youth Hostel Receptionist | VICE | United States

"Have you seen Breaking Bad"?

"Sure," I replied.

"Well, my uncle is a senior DEA agent and I'm going to get him to put that bastard in jail in Cuba," she said.

Just another day at work in a European youth hostel, I guess.
Rob Duke's insight:

If I had a dime for every time a family member/acquaintance threw my name down to impress or get out of something......

 

I stopped a DUI once who claimed to know the Chief.  When we got to the station, he not only knew the Chief's home number, but knew that the Chief was actually staying at his vacation home in the mountains.  He gave me the number and I dialed for him, identified myself and then handed the phone to the guy.  He started to talk, was obviously cut off, and then proceeded to say "uh-huh....uh-huh...yes, uh-huh".  He handed the phone back to me (turning his face to the wall), but there was no one on the line.  I waited and waited until finally it was too much--the suspense was killing me.  What'd he say?  The guy never turned away from the wall, but just replied: "he said, that I was no longer his friend and to never call him again."  And, the boss never said anything to me about it. Yay, for the Chief.

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Hundreds protest Wash. police shooting, footage released

Hundreds protest Wash. police shooting, footage released | Police Problems and Policy | Scoop.it
Hundreds marched in Washington state's capital city to protest a police shooting that wounded two people suspected of trying to steal beer.
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Video: Texas cop cleared in fatal OIS, dash cam released

Video: Texas cop cleared in fatal OIS, dash cam released | Police Problems and Policy | Scoop.it
By Dianne Sol s The Dallas Morning News GRAPEVINE, Texas A Grapevine police officer will face no charges in the Feb. 20 shooting death of an unarmed Mexican immigrant, a case in which protesters
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New Mexico police officer fatally shot; person in custody

New Mexico police officer fatally shot; person in custody | Police Problems and Policy | Scoop.it
By Russell Contreras Associated Press RIO RANCHO, N.M.€” A suburban Albuquerque police officer was shot and killed during a traffic stop, the first time a Rio Rancho officer was fatally shot in the
Rob Duke's insight:

At some point, the same leadership that gave lip service to the "righteous indignation" must wake up that this can't continue.  

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What's Behind the Recent Plague of Shootings in Baltimore? | VICE | United States

What's Behind the Recent Plague of Shootings in Baltimore? | VICE | United States | Police Problems and Policy | Scoop.it
Whether it's cops pulling back after unrest over Freddie Gray's death, the warmer weather, or systemic problems like poverty, a lot of people are getting shot in Charm City these days.
Rob Duke's insight:

After the King verdict in L.A., I drove around for months with blinders on.  My thoughts echoed those of my beat-partners: "I'm not going to Federal prison for you people."  But, in what I call the Paradox of Proximity (head nod here to "Sandy" William Ker Muir for the whole idea of the paradoxes of power), I was too close to victims, citizens, and the politicians to whom they complained.  Instead of keeping on the blinders, I and my mates had to open a dialog with the citizens about our constraints, victims and community needs, and the way policing had changed.  In my mind, those were golden years of community policing and a big reason crime began to decrease in the 1990's.  What did we learn?  That policing is a team sport and done best (maybe done only) with the participation of the community.  We deferred being the boss and listened.  Everyone knew we still held the power (Egon Bittner's idea of the Iron Fist hidden within the Velvet Glove), but we shared it better than ever before.  Then 9/11 came and we militarized.  At least, that's my take.  That's the only reason I can find to explain how we lost that community cooperation.

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Jay-Z and Beyonce Have Been Discreetly Paying the Bail of Baltimore and Ferguson Protesters

Jay-Z and Beyonce Have Been Discreetly Paying the Bail of Baltimore and Ferguson Protesters | Police Problems and Policy | Scoop.it
Activist dream hampton says the two are giving generously to the cause, but want to avoid being a distraction.
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Why the 'Soft' Uniform Is Dangerous

Why the 'Soft' Uniform Is Dangerous | Police Problems and Policy | Scoop.it
This past week, President Obama discussed the idea that law enforcement should wear “softer looking” uniforms. While there were plenty of jokes about the comment, we need to understand that the President didn’t just throw that out there for discussion.
Rob Duke's insight:

Give me the SFPD uniform.  Blues with comfortable pants and the tank commander hat that can be rolled up and put in the back pocket.  It's traditional without being uncomfortable.

 

Now, gunbelts are a problem.  I was pretty lucky in terms of not getting beat up too badly in fights.  I hurt a knee once and hurt my back lifting a particularly large suspect once, but frankly the reason my back is messed up today is solely because I wore the "Sam Browne" for almost three decades (time out for detectives and admin. duties).  While I don't like the look or the way and external vest feels when worn, I am sympathetic to the idea that an external vest distributes weight better and is more conducive to a healthy back.

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Housing Authority of New Orleans cop found shot to death in cruiser

Housing Authority of New Orleans cop found shot to death in cruiser | Police Problems and Policy | Scoop.it
the officer was working an overtime security detail at the construction site of the Guste Homes public housing complex. Officials report no one lives near the scene of the shooting.
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‘The police didn’t see Deen as a victim despite blood pouring out of his head’

‘The police didn’t see Deen as a victim despite blood pouring out of his head’ | Police Problems and Policy | Scoop.it
Deen Taiwo’s ordeal at the hands of racists is being made into a documentary in an innovative attempt to improve police responses to hate crimes
Rob Duke's insight:

It's a valuable skill to be able to arrive on scene and remain neutral....at least until all the facts are in.

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Fresno County sheriff, district attorney take down personal Facebook pages amid ISIS threats

Fresno County sheriff, district attorney take down personal Facebook pages amid ISIS threats | Police Problems and Policy | Scoop.it
Several Valley law enforcement leaders are warning officers in their department about being active on social media after the latest ISIS threats.
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Can the Justice Department Put an End to Police Brutality in Cleveland?

Can the Justice Department Put an End to Police Brutality in Cleveland? | Police Problems and Policy | Scoop.it
Scarcely a decade after their last intervention, federal officials have negotiated a new consent decree. But will it put an end to the systemic problems that led to the deaths of Tamir Rice, Malissa Williams, and Timothy Russell?
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Why Baltimore Blew Up

Why Baltimore Blew Up | Police Problems and Policy | Scoop.it
It wasn't just the killing of Freddie Gray. Inside the complex legal infrastructure that encourages — and covers up — police violence
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Ex-LAPD Officer Henry Solis arrested in Mexico

Ex-LAPD Officer Henry Solis arrested in Mexico | Police Problems and Policy | Scoop.it
A fugitive ex-Los Angeles police officer wanted in a slaying in Pomona, Calif, was to be handed over to U.S. authorities this evening after being captured in Juárez, officials said.
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3 crucial points about Obama’s evisceration of the 1033 Program

3 crucial points about Obama’s evisceration of the 1033 Program | Police Problems and Policy | Scoop.it
It s unsurprising that President Obama has declared by executive order that local law enforcement agencies shall no longer be able to obtain certain
Rob Duke's insight:

When I see cops wearing low slung guns in swat-style holsters on patrol, it makes me think that this militarization thing has gotten out of control.  It's ok to have a dialog about the equipment, but seems disingenuous to an open argument to start from the position taken by this article.

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5 differences between competitive shooting and combat shooting

5 differences between competitive shooting and combat shooting | Police Problems and Policy | Scoop.it
By David Windham FirearmsU.com I m not anti-competition shooting, but I do find fault with most of the competitions out there. The reason being they aren t realistic and cause the shooter to form
Rob Duke's insight:

Who the F____ calls themselves a gunfighter?

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5 statements cops should never make on duty

Words have power. They can make things worse or they can make things better. When a police officer encounters a suspect hurling insults, making verbal threats, or otherwise spouting off at the mouth,
Rob Duke's insight:

Hmmm.....what do you think?

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Fired Portland police officer killed on railroad tracks in Washougal

Fired Portland police officer killed on railroad tracks in Washougal | Police Problems and Policy | Scoop.it
"The PPA and its members are saddened by the heartbreaking news of the passing of Dane Reister. We pray that his family, loved ones, and friends can find comfort in this most difficult time in their faith and love for Dane,'' wrote Officer Daryl Turner, president of the Portland Police Association, to police union members.
Rob Duke's insight:

When something tragic like this happens (both the original mistake of the shooting and the officers suicide some 3 years later), it clarifies how officers who are disavowed lose more than a job.  In many cases, they lose their livelihood, their friends, their homes, their families, and their self-respect.  How many other professions punish mistakes this severely?

I was a Chief for 16 years, so I'm going to throw some stones here, but they're largely at myself.  A Chief must be brave to uphold the rule of law and ethical standards to a department ruled by a warrior culture, but a Chief is also often a coward bowing to political winds.  Other than officers who were outright abusive, I always identified with the young man (rarely young woman) who had made a common mistake, but one of those mistakes that were no longer tolerated (despite the old war stories that often glorified that behavior--most old timers having grown old and wise enough to never ever do those things any longer).  

How many times did I want to show mercy?  I could have recommended retraining, time on the beach (suspension), but I knew the politics demanded termination.  Now, that's how it feels, but you have to pull yourself up and do what must be done.  Though policing has significant power, one of the beautiful aspects of our system is that we have limited governance, which means that Chiefs must obey a good amount of political direction.  You save political capital for the "good fights" that rest on ethical principles.  In these cases, the best you can do is send the friendly message that you would support the officers' association if they wanted to fund raise; give moral support, etc.  But, it doesn't feel any better when the responsibility rests on your shoulders.

May God grant everyone involved peace in this case and others like it.....

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​A New Weapon for SWAT Teams: Bomb-Squad Robots | VICE | United States

​A New Weapon for SWAT Teams: Bomb-Squad Robots | VICE | United States | Police Problems and Policy | Scoop.it
Police departments around the country are deploying robots to defuse bombs and handle standoffs—and they may be getting increasingly weaponized.
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Garbage collectors are more likely to die on the job than police patrol officers

Of America's most dangerous jobs, cop doesn't even break the top 15.
Rob Duke's insight:

Yes, but it's the only one that isn't for private gain.  How risky is it really to be in the military?  There are 2.266 million troops, but only 31 were killed in warzones so far this year.  That's not particularly risky, but we honor them for what they might have to do.

 

Policing is the same.

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Cleveland Protests Over Michael Brelo Acquittal Lead to 71 Arrests

Cleveland Protests Over Michael Brelo Acquittal Lead to 71 Arrests | Police Problems and Policy | Scoop.it
Protesters flooded the streets of Cleveland on Saturday, some chanting anti-police slogans, following the acquittal of a white police officer charged in the ...
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Critical Characteristics of Whiteness as Property

Critical Characteristics of Whiteness as Property | Police Problems and Policy | Scoop.it
"White" was defined and constructed in ways that increased its value by reinforcing its exclusivity. Indeed, just as whiteness as property embraced the right to exclude, whiteness as a theoretical construct evolved for the very purpose of racial exclusion. Thus, the concept of whiteness is built on both exclusion and racial subjugation. This fact was particularly evident during the period of the most rigid racial exclusion, as whiteness signified racial privilege and took the form of status property.
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How Great Leaders Get Employees to Act Like Owners? | Personal Branding Blog - Stand Out In Your Career

How Great Leaders Get Employees to Act Like Owners? | Personal Branding Blog - Stand Out In Your Career | Police Problems and Policy | Scoop.it
The most daring leaders realize that inspiring employees to assume ownership and responsibility is essentially telling them, “I trust you and your contributions are essential to our firm’s success.” When employees show up to work, do the minimum, assume no responsibility and then collect their paycheck it’s a waste for the individual and for the organization. In order to fully capitalize on the talents and abilities of people, you need to invest in them and find ways to make them happy. Learn what matters most to them, what they enjoy doing, and what frustrates them from reaching their full potential.
Rob Duke's insight:

The trick is getting your agent to act more like a principal.  How do we get officers to act like chiefs?

 

I try to make the job about satisfying as many of the employees needs as possible, under a clear ethical framework that recognizes those organizational/community needs that deserve priority.  I'm taking a page from Chester Bernard's book "Functions of the Executive".  Chet said that the exec's job was to:

1. establish the values by which the organization was run;

2. determine the vision and goals;

3. choose your superiors (find the absolute best people); and

4. do your best to provide the info, materials, tools, resources and clear obstacles for these folks.

 

 

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