Sacramento to Pay $5.2M after White Cops Beat & Repeatedly Shocked 150 lb Unarmed Latino Man w/Tasers, Causing Severe Brain Damage. Cops Initially Claimed Tasers Had No Effect

sacramento cops taser.jpg

From [HERE] and [HERE] Sacramento will pay $5.2 million to the family of a Latino man who was repeatedly shocked by police Tasers and left with severe brain damage, according to a newspaper report Tuesday.

The City Council voted in a closed-door session to settle an excessive force lawsuit filed by the family of John Hernandez, the Sacramento Bee reported. City of Sacramento taxpayers – not the police who kill and maim – have shelled out millions of dollars in excessive force lawsuits in the past few years. [MORE]

The settlement is believed to be the largest in the city's history, the paper said.

The city and the police officers involved "dispute liability" but agreed to settle to avoid a long and possibly costly trial, Sacramento City Attorney Susana Alcala Wood.

“This never should have happened,” said civil rights attorney John Burris of the incident at a hastily-called news conference in front of the Federal Courthouse late Tuesday.

Burris said a key piece of evidence was that the officers involved – although they tased the unarmed Hernandez up to 10 times – either were not taser trained or admitted to never reading the manuals on how to use the sometimes lethal tasers.

“One officer actually is heard saying ‘let him go,’ but then they all became cowboys,” charged Burris, who said the 125-150 pound Hernandez was not only repeatedly tasered, and beaten with batons but also crushed when much larger officers – one, he said, weighed more than 300 pounds – ground Hernandez into the ground face first.

The crime to which officers responded in 2017 was minor. Hernandez reportedly was making noise and harassing people at a Rite Aid in East Sacramento. Not the crime of the century, but city of Sacramento police responded by sending three officers: Casey Dionne, Ishmael Villegas and Michael Hight.

“It was loitering at most,” explained Burris. But police not only repeatedly tasered Hernandez, but pressed their ultra-heavy bodies on top of him while he was facing down on the pavement, cutting off his air pathway and stopping him from breathing.

“No force was necessary. This is when officers should have used de-escalation. But they didn’t,” said Burris.

Burris, who said Hernandez has been living in “abject poverty” awaiting resolution of the case, now has the means to live decently because of the “constructive settlement.” His “special needs” condition is what led to the settlement, said Burris, adding “I’m really concerned that he be taken care of.”

“He’ll never be the same. But the family is happy that now it’s over,” said Burris.

Hernandez ran from arriving officers but three tackled him. During a fierce struggle, he was shocked with Tasers nine times and jabbed with a baton five or six times, the city's attorneys said in a trial brief.

The lawsuit said Hernandez stopped breathing and was "completely without oxygen to his brain" for over 10 minutes as he underwent cardiopulmonary resuscitation.

However, the city argued that Hernandez was still breathing when paramedics arrived.

Hernandez was in a coma for days. His family said he has the mental capacity of a toddler and requires 24-hour care.

"There can be never be a winner after a horrific tragedy like this but Mr. Hernandez's settlement will ensure that he can be cared for in the years to come," said John Burris, the family's attorney.

"This really started out as a minor event," Burris said. "This is a man who may have been creating a public disturbance, but he wasn't physically assaulting anyone, he didn't have a weapon. ... But under the principles of de-escalation, (police) could have slowed this process down ... so it's an unfortunate set of circumstances that created this environment."

Public Rulers Demonstrate that “Rights are Myths:" White Baltimore Cops Attack & Kidnap [Arrest] a Black Passerby who Dared to Criticize the illegal Stop of Another Black Man. 1 Cop Charged, Fired

baltmore cops attack.jpg

From [HERE] and [HERE] Lee Dotson saw two white Baltimore officers force a Black man to sit on a rain-drenched curb and decided to speak up.

“That ground wet, man,” Dotson said on May 30, as he passed the scene and walked away, down Ashton Street in southwestern Baltimore.

Sgt. Ethan Newberg described Dotson as “combative” in initial reports. But video footage released Friday tells a radically different story.

Newberg broke into a run, grabbed Dotson by the arm and tried to take him down before another white officer tackled the passerby to the pavement and locked handcuffs around his wrists, according to footage from the officer’s body camera.

That video challenged the sequence of events Newberg described in his reports, leading to the arrest of the veteran officer in an incident among others that have plagued the department with what Baltimore Police Commissioner Michael Harrison has called a “horrible culture” of excessive force.

Harrison said on Friday that the “officer is tarnishing the badge that we all wear,” the Baltimore Sun reported.

When Baltimore police Sgt. Ethan Newberg told fellow officers to arrest the Black bystander who criticized their tactics as they detained another man, the 24-year veteran of the department said the pedestrian had been “interfering.”

Newberg said in a report that Dotson was “combative and aggressive,” Harrison said at a June 6 news conference. Documents also show the officers described Dotson as inciting a hostile crowd while squaring off with them, according to the Sun.

Commissioner Harrison removed Newberg from the force after reviewing the videos, describing Dotson as “walking calmly away after offering his opinion.”

Newberg, a 24-year veteran of the force, was charged with second-degree assault, false imprisonment and misconduct. His attorney Joseph Murtha did not return a request for comment but criticized the release of the footage before Newberg’s trial, the Sun reported.

In the footage captured on both officers’ body cameras, Dotson can be seen walking away from police while criticizing their decision to make a suspect sit on a wet sidewalk. Newberg starts to run toward Dotson, who reacts by saying “I’m not running away” and tells the sergeant to get off him.

The second officer then tackles Dotson to the ground, while the man shouts that he was exercising free speech and that the officers were violating his constitutional rights.

When more police officers arrive at the scene, Dotson is brought back to his feet and asks officers why he is being arrested.

“Just go to jail and take your charge like a man,” Newberg says in the footage.

Dotson again asks why he’s being arrested.

“Because you don’t know how to act,” Newberg says.

Police took Dotson to central booking, but prosecutors quickly dropped all charges after reviewing his case.

The footage indicates that the man who had been forced to sit on the pavement had committed no crime but had been stopped on a warrant check. He was released at the scene, police said Friday.

Harrison said Friday that the incident was an example of a “horrible culture” in the Baltimore Police Department, which has faced criticism for some officers’ behavior toward the public. The commissioner said he was cautious but interested to know how pervasive that culture may be within the department.

“That officer is tarnishing the badge that we all wear,” Harrison said of Newberg.

“He’s the person in charge of the culture, because he’s the supervisor on the scene,” the commissioner said. “He’s the person who’s supposed to be motivating, coaching, cultivating and developing young subordinates into the right way of policing.”

In another moment captured on camera, a third officer, who Harrison said was a subordinate from a different unit, approaches Newberg and tells the sergeant to relax.

“Leave my scene,” Newberg says. “Don’t you ever tell me how to do my job.”

Harrison announced the charges against Newberg on June 10, while also saying that all charges against Dotson were dropped.

The second officer involved was suspended with pay, Harrison said, and the other man involved was stopped on a warrant check and later released.

“From what I saw, the man did nothing to provoke Sergeant Newberg, whose actions were not just wrong but deeply disturbing and illegal,” Harrison said at the news conference. “This type of behavior cannot and will not be tolerated under any circumstances.”

COPS TARGETING BLACK MAN NOW IN RETALIATION. Less than 24 hours after charges were dropped against Dotson, police pulled him over and said his license plate was “positioned in an unusual manner,” speculated his window tint was too dark and smelled marijuana and searched his car. Police said they did find seven grams of crack cocaine on him and 172 individual packages of the drug, and charged him with drug possession.

Newberg’s arrest marks the first test to Harrison’s new policy for arrests captured by police body cameras, which allows him a week to decide whether to publicly release footage.

Although the department hasn’t had a formal policy for years, previous commissioners have consistently opted to release video footage after police-involved shootings or major incidents, often within days of the incident. Harrison will now seek input from federal and local prosecutors, and the Baltimore Office of Civil Rights when deciding whether to release footage publicly, he said.

Harrison described the incident as one among others that have frayed relations between police and citizens. Last week, a former Baltimore officer was convicted of assault and misconduct after he beat a man in a 2018 incident.

The FBI Has Over 640 Million Photos in its Facial Recognition Database, which means it’s close to running match searches of nearly every American

no photo available 1.jpg

From [ACLU] We already know that the FBI has a massive facial recognition apparatus. We know the agency has slowly been working towards getting access to photos of almost every American to run through this system. We also know it is building this mass surveillance infrastructure without clear authorization from Congress, safeguards, or public input.

The fact that face recognition technology, which can be readily abused, has been deployed by federal agencies largely in secret should give us all pause. The technology gives government agencies the unprecedented power to track who we are, where we go, and who we know. Companies marketing this technology to the government boast that it can be used to track people in real-time, reconstruct past movements from video footage, or identify a hundred individuals from a single photo. This threatens to create a world where people are watched and identified as they attend a protest, congregate outside a place of worship, visit a medical provider, or simply go about their daily lives.

At a House Oversight Committee hearing this week with an FBI witness, we learned new details that further confirm our fears that the FBI’s face recognition apparatus continues to balloon, threatening our fundamental liberties. The details also underscore the urgent need for Congress to put the brakes on law enforcement use of this powerful technology.

Here are some of the most concerning details we learned from the hearing:

1. The FBI’s massive facial recognition apparatus continues to expand and can now match against over 640 million photos.

The FBI now has the ability to match against or request matches against over 640 million photos — a number that Rep. Jim Jordan (R-Ohio) noted is larger than the total population in the US. This includes driver’s license photos from 21 states, including states that do not have laws explicitly allowing their driver’s license repositories to be used in this way. These numbers show that the FBI is moving closer to having the capability to run face recognition searches against photos of virtually every American. 

The FBI is also running large numbers of face recognition searches. According to the FBI, from October 2017 to April 2019, the FBI ran over 152,000 searches of its face recognition system that matches against mugshots. That number does not even include searches on external databases, like passport photos. It is also unusually high when compared to the fact that there were only 10,232 criminal convictions stemming from FBI-led investigations in fiscal year 2017.

2. The FBI claims it can use face recognition on individuals without a warrant or probable cause.

The FBI says that it only performs face recognition as part of authorized investigations or open assessments. But that doesn’t make it any better. Under FBI guidelines, agents can open an assessment without any fact-based suspicion whatsoever. Even preliminary investigations may be opened only in cases where there is mere “information or allegation” of wrongdoing, which the FBI interprets to cover mere speculation that a crime may be committed in the future. Thus, even if the FBI strictly adhered to its internal policies, they would still have broad discretion to use face recognition without a warrant or probable cause, making the technology even more susceptible to widespread use and abuse.

3. The FBI doesn’t even track basic statistics to measure the technology's efficacy.

The FBI claims that face recognition can help to “protect public safety.” But, as their testimony before Congress this week revealed, the FBI doesn’t have the data to back up this claim. During questioning, the FBI confirmed that it does not track how many times face recognition has led to a conviction. Additionally, the agency does not track how many times the use of face recognition leads to arrests, including arrests of individuals ultimately acquitted. 

There is good reason to question the FBI’s efficacy claims. A report on the use of face recognition in the UK found that the technology led to false matches over 90 percent of the time. The fact that the FBI doesn’t even track basic data about efficacy calls into question how they can conclude it has positive law enforcement value.

4. The FBI cannot even confirm that it complies with its constitutional obligations.

The government is required to provide notice to criminal defendants when they are identified by face recognition or where match information may be considered exculpatory. Evidence has suggested the FBI is not complying with this obligation — and this hearing provides more cause for alarm. Twice during the hearing, the FBI was specifically asked whether they notified criminal defendants when other individuals also returned as a face recognition match, which could support defendants’ claims that they are innocent. The FBI witness said she should not confirm that this information was always provided. The FBI also failed to clearly respond to questions regarding whether they even notified defendants in cases where face recognition contributed to their arrest or prosecution. 

5. The FBI won’t reveal information about the companies it has communicated with about face recognition products.

The FBI was asked to name “the companies who lobby or communicate” with the FBI about its face recognition products. The FBI witness evaded this question, and that is troubling. We have already seen examples of companies selling and marketing irresponsible uses of face recognition to law enforcement. For example, Amazon has pushed the use of face recognition in body cameras, which are intended to be tools of accountability, not surveillance. Given this, additional oversight of private companies who sell and market this technology is critical. Congress should press the FBI to provide information on the companies it has communicated with about face recognition, and the information these companies have provided to government decision makers on the efficacy, bias, and potential uses of their face recognition products.

The ACLU has long sounded the alarm over the FBI’s use of face recognition and, along with over 60 other groups, has called for Congress to halt federal law enforcement use of this technology until Congress debates what, if any, uses should be allowed. The hearing this week provides further evidence that such a moratorium is needed to prevent harm and safeguard our rights.

Contrary to Racist Disinformation, Brennan Center says Data Collected from Police Departments & FBI show Violent Crime, Murder, & Overall Crime Declined in the 30 Largest American Cities

crime 2019.jpg

From [Brennan Center] In this final analysis of crime rates in 2018, we estimate that rates of violent crime, murder, and overall crime declined in the 30 largest American cities, with significant declines in murder. The data in this report are collected directly from local police departments. The FBI’s final 2018 data, covering the entire United States, will be released in September. 

The data reported here refine an initial Brennan Center report released in September, Crime and Murder in 2018: A Preliminary Analysis, which concluded that “increases in the murder rate in 2015 and 2016 were temporary, rather than signaling a reversal in the long-term downward trend” in crime and violence. A December update reached the same conclusion, showing rates of crime, violent crime, and homicide all declining. These continuing declines indicate that, while increases in crime in 2015 and 2016 merit further study, they did not signal the start of a new “crime wave.” 

 Updated Tables 1 and 2 support conclusions similar to the Brennan Center’s September and December reports, and now include complete data through the end of the year:

 Murder: The 2018 murder rate in the 30 largest cities is estimated to have declined by 8.0 percent since 2017. This finding indicates that the major-city murder rate will approximate 2015 levels but remain above 2014’s low point.

 Modest declines in most cities explain this decrease. The murder rate in Chicago, which increased significantly in 2015 and 2016, declined by nearly 12 percent but remains roughly 40 percent above 2014 levels. Baltimore, another city that continues to struggle with violence, also saw its murder rate decline by 9.1 percent. While Las Vegas saw its murder rate decrease significantly, by more than 40 percent, part of this decline is attributable to the mass shooting at the Mandalay Bay Resort, which led to an unusually high homicide total in 2017.

Some cities saw their murder rates rise in 2018, such as Washington, DC (35.6 percent) and Philadelphia (8.5 percent). These increases suggest a need to better understand how and why murder is increasing in some cities. New York City’s murder rate also increased, but by less than 1 percent, making it essentially the same as the 2017 rate. 

Crime: The overall crime rate in the 30 largest cities in 2018 is estimated to have declined slightly from the previous year, falling by 3.5 percent. If final FBI data track these findings, crime will have again reached a record low, driven by declining rates of property crime.

 Violent Crime: The violent crime rate is also estimated to have declined, falling by 4.0 percent from 2017.

Estimates of crime and violent crime are based on data from 25 of the nation’s 30 largest cities; estimates of murder include data from 26 cities. The Brennan Center’s previous report on crime in 2018 is available here, and a report studying crime trends from 1990 to 2016 is available here

See full report [HERE]

white supremacy chart 2.jpg

Racist republicans and liberals always propagandize Black crime. For instance, although Washington D.C.’s murder rate rose in 2018, their murder rate had reached historic lows in 2017 with only 116 homicides. Yet this is nothing compared to what it was historically; in 1991 there were 482 murders and 443 and 454 murders respectively in 1992 and 1993. These numbers are obviously on a substantial downward decline in general. See Chart below. But you wouldn’t know that by listening to the local “dependent media” in DC such as the Washington Post who propagandize any “murder” that occurs and examine said numbers outside of historical context.

murder+chart+dc+2017 1.jpg

“Most violent crimes (by number and by percentage of population) take place by Caucasians against Caucasians.” Wash Post video promotes disinformation that violent crime is at an all time high. Mentacidal young Black kids rap about stopping rampant gun violence, despite evidence to the contrary. Racists want Blacks to believe the crime rate is high, that Black people commit most of the crime and are inherently violent. Racist suspects also want us to believe in the 'comforting illusion that police are primarily engaged in law enforcement and that crime is comes from the ghetto and is nurtured by low socio-economic status and that only persons who are arrested by cops are “criminals.” [MORE] Conversely, Black criminals function as a negative reference group vital to maintaining the White American self-image.

Dr. Amos Wilson explains, "Alleged Black criminality, while evoking White American fear and loathing, reassures them of their vaunted self-worth, their assumed innately superior moral standing, of their self-congratulatory self-constraint in contrast with presumed Black American unworthiness, innate inferior moral standing, inherent criminality, lack of self-constraint and self-control.

White America's self-appreciation is enhanced as it insatiably feeds on overblown reports about Black criminality while denying its own incomparable criminal record, and its own racist-imperialist incubation and giving birth to the very same criminal forces which now threaten to destroy it.

Black criminals function as a negative reference group vital to maintaining the White American self-image. The Black criminal is used to support the White American community's self-serving, self-justifying judgments of itself. White America's preoccupation with Black criminality betrays its own need for reassurance; betrays its own basic insecurity regarding its projected moral purity. Consequently, the higher the incidence of reported Black criminality, the more exceptionally righteous White America feels itself to be. The more righteous it feels itself to be the more intensely and guiltlessly it promulgates and justifies its domination and exploitation of African peoples at home and abroad. [MORE]

Alleged Black criminality plays a very important role in defining the collective White American ego and personality. [MORE] Racists project criminality upon Blacks in order to treat Blacks criminally and to simultaneously empower themselves. Wilson states, such maneuvers are necessary in order to justify racist White American community's repression of African Americans and psychodynamically defend the collective White American ego complex. [MORE]

Conversely, when Black people believe such racist programming about themselves the product is a falsified consciousness. As stated by Amos Wilson, "it is not so much that the European says we are inferior, and that we are this and that, and that the European maligns our character, et cetera: It is the belief on our part that what he says is true that makes us crazy. It is a crazy reaction to what he says, an insane and unthinking kind of approach to dealing with what he says about us, that maintains the craziness. [MORE] Such a consciousness is a political necessity to maintain RSW. [MORE]  

All Criminal Charges Dropped in Flint Water Case. Prosecutors Promise [“justice" later] to Re-file Case & Continue Investigation

snyder liar.jpg

From [ABA] Prosecutors in Michigan have dropped all pending criminal charges against officials accused in connection with the leaching of lead into the water supply in Flint.

Prosecutors said they dropped the charges against eight defendants because of problems with the investigation under the previous attorney general, Bill Schuette, report the Detroit Free Press (in stories here and here),, the New York Times and the Washington Post.

A new expanded probe is being launched, according to a statement, which cited “grave concerns about the investigative approach and legal theories” in the cases. The charges were dropped without prejudice, meaning they can be refiled. New charges also can be added, according to the statement by the prosecutors handling the cases, Solicitor General Fadwa Hammoud and Wayne County prosecutor Kym Worthy.

A chief concern is that some evidence was not pursued because Schuette’s special prosecutor had wrongly allowed private law firms representing former Gov. Rick Snyder and state agencies to help decide what information would be turned over to law enforcement, the statement said.

Water officials had switched Flint’s water supply in April 2014 from Lake Huron to the Flint River to save money, but they didn’t treat the corrosive water to prevent lead from leaching into it. The charges stemmed from those decisions and the death of an elderly man from Legionnaires’ disease said to be linked to the water supply.

The new legal team has executed a series of search warrants, and it now has millions of documents and hundreds of new electronic devices, “significantly expanding the scope of our investigation,” the statement said. The lawyers have “already identified additional individuals of interest.”

“We cannot provide the citizens of Flint the investigation they rightly deserve by continuing to build on a flawed foundation,” the statement said. “Dismissing these cases allows us to move forward according to the non-negotiable requirements of a thorough, methodical and ethical investigation.”

Schuette said in a statement that the Flint water probe was “staffed and conducted with the highest level of professionalism and expertise.” His special prosecutor, Todd Flood, released a statement to the Washington Post that said his focus was always justice for the people of Flint. “I am confident our efforts on behalf of the thousands of victims met the highest professional and ethical standards,” he said.

Seven people charged in the case already had pleaded no contest to misdemeanors and had been expected to cooperate. Their pleas were not yet formally accepted by a judge.

Charges against eight other state and city officials were dropped, including an involuntary manslaughter charge against Nick Lyon, the former director of the state health department. A judge appeared ready to toss that charge “if prosecutors hadn’t beaten him to the punch by folding their case,” according to the Detroit Free Press.

Connecticut to begin collecting racial data on [white] prosecutor decisions. Such as whose cases are; papered, diverted or given quality plea offers, going to trial & what sentences are sought

Most people do not understand the awesome power of prosecutors (aka district attorneys or attorney generals) or the term "prosecutorial discretion." Media disinformation and disinfotainment about prosecutors and their role in the lex-icon is an intentional part of our conditioning in the Spectacle.

Prosecutors have the power to decide; whether to charge a person with a crime, what charges to paper, whether to seek pre-trial confinement or release and what, if any, release conditions to seek, whether to divert prosecution with community service or fine, what kind of plea offer to make, what resources to expend to prosecute, what information to disclose to the defense, what kind of sentence to seek & recommend to the court (such as confinement, probation or to defer the imposition of a sentence), whether the death penalty will be sought and whether probation should be revoked or extended. They also have a say in whether to seal arrest records or expunge criminal convictions.  Further, prosecutors set broad policies, deciding the aggressiveness with which different laws will be enforced, and other law enforcement officials often follow their lead.

Said decisions are overwhelmingly made by white people about non-white people because the vast majority of prosecutors are white and criminal defendants are disproportionately non-white.  Specifically, according to a recent study, 95 percent of the 2,437 elected state and local prosecutors across the country are white, and 79 percent are white men (by comparison, white men make up 31 percent of the population of the United States). Also most States have no Black prosecutors. [MORE]. On the federal level 87% of all US Attorneys are white - as 8% of assistant U.S. Attorneys are African American and 5% are Latino. [MORE] and [MORE]. In a system of injustice prosecutors face only token punishment for wrongful convictions & concealing exculpatory evidence. [MORE]


From [HERE] Connecticut is expected to become the first state to collect statewide criminal case data from prosecutors broken down by the defendants’ race, sex, ethnicity, age and ZIP code.

In votes in late May and early June, Connecticut legislators unanimously approved the transparency bill known as SB 880, report the Associated Press and the Connecticut Mirror. Connecticut Gov. Ned Lamont had backed the bill and was expected to sign it.

The bill requires the state to collect statistics on arrests, diversionary programs, case dispositions, plea agreements, cases going to trial, court fines and fees, and restitution orders.

Lamont said the bill will provide the public with greater insight into prosecutors’ decisions. “This data will provide insight into the front end of the system, which has historically been a ‘black box’ and will help ensure that justice is attained in the fairest ways possible,” he said in a press release after Senate passage of the bill.

State Rep. Steven Stafstrom of Bridgeport, who co-chairs the House Judiciary Committee, said the bill will allow for analysis in variations of delivery of justice. “It tends to be courthouse by courthouse—or sometimes prosecutor by prosecutor,” he told the Connecticut Mirror.

The American Civil Liberties Union of Connecticut supported the bill. In an op-ed in the Connecticut Mirror, the group’s executive director and its Smart Justice field organizer said prosecutors wield tremendous power and their decisions deserve scrutiny.

They pointed out that, nationwide, 95% of criminal cases end in plea bargains. That means that most of the time, prosecutors decide how a case is resolved, they wrote.

The Associated Press also pointed to information from the Bureau of Justice Statistics showing racial disparities in imprisonment nationwide. The imprisonment rate for sentenced black men in 2017 was more than twice the rate of sentenced Latino men and nearly six times the rate of sentenced white men.

The AP also cited a study of plea bargains in Wisconsin that found that white defendants were 25% more likely than black defendants to have their charges dropped or reduced to lesser crimes.

Attorneys for Black Man on Death Row say White NC Prosecutors Used a Racist Training Manual to Make their Pre-textual Removal of all Black Jurors Appear to be Race Neutral

Russell William Tucker.jpg

From [HERE] A North Carolina death-row prisoner is seeking a new trial based on allegations that prosecutors in his case used a training document steeped in racist stereotypes to manufacture pretextual reasons to exclude African Americans from serving on his jury. In a June 4, 2019 court filing in the appeal of Russell William Tucker (pictured), two national experts say that the Forsyth County prosecutors unconstitutionally exercised their discretionary juror challenges on the basis of race to strike all five black jurors from his case. Bryan Stevenson, executive director of the Equal Justice Initiative, says that the prosecution’s use of pre-prepared reasons contained in the training document shows that the “race neutral” justifications the prosecution offered for their strikes were pretextual. Dr. Ibram X. Kendi, an historian and the director of the Antiracist Research and Policy Center at American University, says that the reasons extracted from the training handout are outgrowths of false white supremacist myths about African Americans and “themselves evince racial bias.”

Tucker was sentenced to death in February 1996 for the 1994 murder of a K-Mart security guard. In selecting the jury in his case, prosecutors David Spence and Robert Lang relied on a document, “Batson Justifications: Articulating Juror Negatives,” distributed in a prosecutorial training session to offer facially race-neutral justifications if the prosecutor’s use of discretionary jury strikes were challenged. Both prosecutors and defense lawyers may peremptorily challenge a limited number of jurors to remove them from the jury pool and they do not have to give a reason for doing so. However, those strikes may not be used to remove jurors because of their race, and in 1986, the U.S. Supreme Court ruled in Batson v. Kentucky that if the defense challenges a strike, the prosecutor must provide a race-neutral explanation for doing so. Tucker’s petition alleges that prosecutors used language directly from the training document to justify their strikes, citing jurors’ “monosyllabic” replies, “body language,” or their opinion that the juror had “no stake in the community.”

In an affidavit supporting Tucker’s petition, Stevenson called “[t]he North Carolina Batson Justifications handout … another example of the common prosecutorial response to Batson: prosecutors came up with ways to conceal racial bias, and avoid findings of Batson violations, by developing ‘reasons’ that would likely be deemed race-neutral, and therefore, acceptable to reviewing courts.” Stevenson said that, despite appearing race-neutral, “many of the listed reasons are based on longstanding racist stereotypes that have been used to deny rights to Blacks for centuries.” Kendi—whose National Book Award-winning book Stamped from the Beginning traces the roots of anti-black racist ideas from colonial times to the modern era—described many of the reasons contained in the training handout as a modern application of the same types of language used to justify Jim Crow policies, segregation, and voter suppression. “[M]any of the reasons listed on the Batson Justifications handout and offered to the court as ‘race neutral’ reasons to remove Blacks from Mr. Tucker’s jury were not race neutral at all,” he wrote in an affidavit. “Instead, many of the listed reasons are based on longstanding racist stereotypes that have been used to deny rights to Blacks for centuries.”

Racial discrimination in jury selection remains a widespread problem in death-penalty cases, despite the Supreme Court’s ruling in Batson. A Michigan State University study of North Carolina prosecutorial jury strikes or acceptances of more than 7,400 jurors from 173 capital cases tried over a twenty-year period showed that prosecutors across the state consistently struck African-American jurors at approximately twice the rate of other jurors. Yet a 2016 study of Batson challenges in North Carolina found that, “[i]n the 114 cases decided on the merits by North Carolina appellate courts, the courts have never found a substantive Batson violation where a prosecutor has articulated a reason for the peremptory challenge of a minority juror.” A 2015 New Yorker article on the discriminatory tactics used by prosecutors highlighted the same training document that is being challenged in Tucker’s appeal. The issue has reached the U.S. Supreme Court several times in recent years. In May 2016, the U.S. Supreme Court granted a new trial to death-row prisoner Timothy Foster after finding that Georgia prosecutors had invented pretextual reasons for striking every black juror from his case. On March 20, 2019, the U.S. Supreme Court heard oral argument in Flowers v. Mississippi, an appeal from a Mississippi prisoner who had been tried six times. Over the course of his six trials, prosecutors removed all but one black juror. The Court has not yet issued a decision in that case.

Racist Suspect Phoenix Mayor Apologizes [tricks] after Race Soldiers Niggerize Black Family; Put Guns on Black Man, Pregnant Black Woman, 2 Small Kids & Threaten to Kill Them Over a “Stolen" Doll

WHITE COPS WERE ON THE LOOKOUT FOR A BLACK 4 YR OLD WITH A DOLL IN A SYSTEM OF RACISM WHITE SUPREMACY. From [NPR] The racist suspect mayor of Phoenix is apologizing to the city following recently released video showing police officers pointing their guns and threatening to shoot a 22-year-old father who was with his pregnant fiancée and two young daughters. Police say they were investigating allegations that one of the children had shoplifted a doll from a Family Dollar store.

Viral footage of the incident captured by bystanders has already prompted an internal police probe, a $10 million civil rights claim and a chorus of fury on social media. Now, Phoenix Mayor Kate Gallego says the police officers' actions were "completely inappropriate and clearly unprofessional," calling the recordings "beyond upsetting."

"I am deeply sorry for what this family went through, and I apologize to our community," Gallego said on Twitter Saturday evening. "This is not who we are, and I refuse to allow this type of behavior to go unchallenged."

The episode happened last month when Dravon Ames, 22, and his fiancée, Iesha Harper, 24, along with their two young daughters, London Drake, 1, and Island Drake, 4, visited a Family Dollar store. Unbeknownst to the parents, one of their daughters swiped a doll from the store without paying for it. [lol. white journalists at NPR . . . can a 4 yr old form the criminal intent to commit a theft offense?]

Police say they were tipped off about the alleged shoplifting by a store employee just as the family's car was leaving the parking lot, and police followed the car. Police eventually cornered the vehicle in the apartment complex of the family's babysitter.

A heated standoff ensued.

Cell phone videos taken by witnesses show officers shouting profanities at the family as officers order that they put their hands up. If they did not comply, an officer can be heard saying, "you're gonna f***ing get shot. Get your f***ing hands up!"

Police wrote in an incident report that they feared the mother was "hiding something" or was reaching for a gun. (No weapons were recovered from the family.)

In the parents' civil rights claim, they say when Harper exited the vehicle, officers injured her 1-year-old daughter by pulling on one of her arms when Harper would not follow an officer's order to hand over her baby.

The filing from the family alleges that Ames was thrown against a vehicle and kicked so hard that he collapsed before a police officer "kept his knee between the father's legs. He punched the father very hard in the back for no reason," the parents' lawyer, Thomas Horne, wrote in the claim.

Harper passed off her baby to a bystander before police handcuffed her and her fiancé and they were placed in a police patrol car.

"I could have shot you in front of your f***ing kids," an officer said to her, according to the family's claim.

Horne alleges that the incident violated the family's civil rights by committing battery, unlawfully imprisoning them and causing the parents and their kids emotional distress. The claim is seeking $10 million in damages.

Since the incident happened, the family's 4-year-old has been experiencing nightmares and wetting the bed out of distress, according to the filing.

RACIST SUSPECTS ARE ALWAYS APOLOGIZING ABOUT THEIR GENOCIDAL CONDUCT . FUNKTIONARY explains, to “apologize” is to “lay the foundation for a future offense.” An “apology” is “a plea bargain in disguise.” Explanation is a trick to avoid conflict. Apology is a trick - applied as anger solvent - you need not be authentic in your apology as it is merely a social device (gesture) to detonate anger. Apologies, like excuses, are not for the benefit of the one to whom they are made, but the one who makes them.”

Straw-Boss - a Sambo who is appointed a certain oversight role for the white power Overseer. It is the job of the Straw Boss to establish a formal organization to effectively and systematically carry out the wishes of the white supremacist power matrix while serving his own personal needs and ends through patronage power. 2) a ranking SNigger. 3) Toby. 4) "Safe Negro." 5) responsible (to the white supremacist ideology) Negro. 6) the gatekeeper for black professional positions gained through (acquiesced) to various sexual positions. 7) Pork Chop Boy. (See SNigger & McNegro)

Phoenix Police Department Chief Jeri Williams told the public that an internal investigation is being conducted over the incident.

"I, like you, am disturbed by the language and the actions of our officer," Williams said in a video that the police department posted to Facebook. "I assure you that this incident is not representative of the majority of Phoenix police officers who serve this city."

The doll was returned to Family Dollar, officials said. And though nobody faced charges stemming from the alleged shoplifting, authorities issued Ames a traffic ticket for driving on a suspended license and impounded his car.

His lawyer says he is limping from having been roughed up by the police and he now has no way to drive to his job as a warehouse worker.

Gallego, the Phoenix mayor, said that in response to the incident, the city will be speeding up its implementation of police body-worn cameras across the entire police department. She has also scheduled a public meeting with the police chief for the community to air its thoughts about the troubling footage of the police interaction.

"We owe it to our residents," she said, "to give them an open forum to discuss their concerns with us and to propose solutions."

TX Bar Complaint says Unaccountable Racist Suspect DA Intentionally Withheld Exculpatory Evidence that Caused the Wrongful Conviction of a Black Man for Murder of a White Cop, was on Death Row 12 yrs

Photo from 2005 shows then-Harris County Prosecutor Dan Rizzo, a a racist suspect, demonstrating how Houston police officer Charles Clark was fatally shot during the robbery of a southeast side check-cashing store in 2003. Alfred Dewayne Brown was convicted of capital murder and sentenced to death in October 2005.

Photo from 2005 shows then-Harris County Prosecutor Dan Rizzo, a a racist suspect, demonstrating how Houston police officer Charles Clark was fatally shot during the robbery of a southeast side check-cashing store in 2003. Alfred Dewayne Brown was convicted of capital murder and sentenced to death in October 2005.

When an Innocent Person is Sentenced to Death Who is the Criminal? From [DPIC] A special prosecutor in Harris County, Texas, has filed a complaint with the Texas State Bar Office of Chief Disciplinary Counsel against former Assistant District Attorney Daniel Rizzo, alleging that Rizzo intentionally concealed exculpatory evidence crucial to the exoneration of former death-row prisoner Alfred Dewayne Brown (pictured). Brown was wrongfully convicted and sentenced to death in 2005 for a robbery murder in which a store clerk and responding police officer were shot to death. Brown claimed that phone records would show he was at his girlfriend’s apartment at the time of the murder. Rizzo withheld the records from the defense, then abused grand jury proceedings to jail Brown’s girlfriend until she agreed to implicate Brown. Brown was exonerated in 2015 after the phone records came to light. An investigation by Special Prosecutor John Raley later led to an official declaration that Brown is “actually innocent.”

Rizzo is white.

In early June 2019, Raley filed what the Houston Chronicle described as a “scathing grievance” with the Texas state bar alleging that “Rizzo was aware of exculpatory evidence and chose not to produce it to the defense and the court.“ He accused Rizzo of engaging in “significant misconduct” by “withhold[ing] from the court and defense counsel evidence likely to acquit Brown and then press[ing] forward in seeking the death penalty.” Raley said “Mr. Rizzo’s misconduct in the Brown case raises substantial questions regarding his honesty, trustworthiness, and fitness to be a lawyer. ... Mr. Brown, an innocent man, spent nearly 12 years on death row because of the misconduct of Daniel Rizzo.”

Alfred Dewayne Brown .jpg

As Special Prosecutor, Raley issued a report — commissioned by the Harris County District Attorney’s Office —advocating for Brown’s exoneration. The report, issued in March 2019 after more than 1,000 hours of investigation into Brown’s case, found “[b]y clear and convincing evidence, [that] no reasonable juror would fail to have a reasonable doubt about whether Brown is guilty of murder. Therefore his case meets the legal definition of ‘actual innocence.’” Harris County District Attorney Kim Ogg and Harris County District Court Judge George Powell subsequently made official declarations of Brown’s “actual innocence,” paving the way for Brown to receive state compensation for the years in which he was wrongfully imprisoned. Raley’s report documented that Rizzo concealed “crucial evidence” of phone records that supported Brown’s alibi that he had been at his girlfriend’s apartment at the time of his alleged crime. A copy of the records were discovered by police officer Breck McDaniel in his garage during Brown’s appeals.

In 2003, in preparation for Brown’s trial, Officer McDaniel obtained the phone records for Brown’s girlfriend’s apartment in an effort to disprove Brown’s alibi. Instead, the records showed that Brown had, as he claimed, called his girlfriend at work at a time that made it impossible for him to have been involved in the murder of Houston Police Officer Charles Clark. McDaniel sent an email to Rizzo informing him of the phone records. When that email was uncovered in 2018, District Attorney Kim Ogg filed a Bar complaint against Rizzo. Rizzo claimed he never read the email and had not been aware of the records. Raley’s complaint rejected Rizzo’s version of events, explaining that, while Rizzo had not replied to the email, he made a change to a subpoena that McDaniel had requested, demonstrating that he in fact read the email.

POLICE UNION UNIFIED AGAINST ALL NON-WHITE PEOPLE. The Houston Police Officer Union says who cares about facts when you have belief and racist indoctrination? Said white authorities strongly opposed the D.A.’s conclusion that Brown was innocent. They believe political motivation is behind the decision. The union president said, “She should be embarrassed and ashamed and how incompetently this matter is being handled.” [   MORE   ]

POLICE UNION UNIFIED AGAINST ALL NON-WHITE PEOPLE. The Houston Police Officer Union says who cares about facts when you have belief and racist indoctrination? Said white authorities strongly opposed the D.A.’s conclusion that Brown was innocent. They believe political motivation is behind the decision. The union president said, “She should be embarrassed and ashamed and how incompetently this matter is being handled.” [MORE]

Rizzo has denied concealing the evidence. His lawyer, Chris Tritico, wrote, “There is more credible evidence that supports that Breck McDaniel suppressed what he clearly thought was exculpatory evidence, but did not understand was inculpatory evidence, after all it was in HIS GARAGE. If the District Attorney wants to set a cop killer free they can do so without laying it on the back of a 27-year public servant.” “For Rizzo to call Brown a ‘cop killer’ at this stage reveals both his desperation and his bias,” Raley replied. “Rizzo was fully aware of the existence of the exculpatory evidence, decided not to produce it, and pretended that it did not exist.”

In the complaint, Raley wrote that he “cannot imagine anything in the practice of law more horrible than executing an innocent man.” “Rizzo’s unethical and illegal actions resulted in an innocent man being sent to death row,” he said. “Fortunately, an extra copy of the records was found and produced before Brown was executed. If our justice system is to work properly, the State Bar of Texas must hold prosecutors who hide evidence of innocence accountable for their conduct.”

Will Prosecutors Empanel Another Nearly All White Jury (11) to Prevent Justice in Retrial of White Buffalo Cop’s Case? Race Soldier Knocked Black Man Down & Struck Him w/Baton in Unprovoked Attack

corey klug thug.jpg

WHEN THEY SEE THIS’ their minds will be filled with smoke and block them from physically seeing things as they are. Many racist cops are sophisticated, masterful liars who are taught how to testify and create persuasive, detailed police reports. Mixing actual facts with nonsense sounds & looks real in court. White prosecutors, jurors, judges and the white media are also eager and programmed to believe anything foul cops say about Blacks. In an excessive force case like this one, the evidence will come down to a credibility contest between a sworn white police officer and a Black man with a criminal record. Prediction: in this case, another white jury will believe the Black man was trying to grab the white cop’s metal baton to take it way from him and use it against him - although [for those who have eyest to see] video evidence shows that after an aggressive unprovoked attack by the white cop, the Black man is laying on the ground with his hands up, surrendering and trying to block the white cop’s painful baton strikes to his body. How could a white juror come to such a stupid conclusion? Because the white cop said so and he knows they will believe it.

corey krug buffalo police.jpg

From [HERE] When [white] federal prosecutors took their case against Corey Krug to a jury, the white Buffalo police officer walked away acquitted of three of the four charges against him. But the jury deadlocked on the last count.

Said jury was nearly all white with 11 white jurors and one Black juror - something the white media ignored in this case. [what is collective white power?}

The jury in Krug's case deliberated eight days and, in the end, could not agree on whether he violated Ford's civil rights that night.

Only the jurors know for sure why they deadlocked but the panel's makeup – only one of the jurors was black – prompted speculation among lawyers and court officials familiar with the case. The same jury cleared Krug of two other charges related to African-Americans.

Later this week, the government, intent on retrying the 18-year police veteran, will again try to prove that remaining allegation: that Krug used excessive force against a Black man more than four years ago.

Jury selection in the trial before U.S. District Judge Richard J. Arcara begins Tuesday.

"Earlier this year, Officer Corey Krug stood before this court and a jury of his peers and was acquitted of allegations that he used excessive force," defense lawyer Terrence M. Connors said in court papers last week. "The government seeks to force Officer Krug to relitigate those charges, along with other baseless allegations."

The split verdict in the initial prosecution followed a trial in which the government portrayed Krug as a "bully with a badge," and the defense countered by arguing that his use of force was always justified and reasonable.

Caught on video by a WKBW-TV photographer, Krug can be seen using his nightstick to push Devin Ford onto a car and then the ground and then hitting him in the leg. Krug claims Ford tried to grab his nightstick. In the video the white cop aggressively approaches the Black man, he gives him no orders but immediately grabs him and then throws him onto a car. He then stands over him and hits repeatedly with his metal baton. The Black man can be heard yelling what did I do? and has his hands out to surrender and attempt to block the blows while he lays on his back in the street.

The white cop had come to aid a white man who was having an argument with the Black man on the street.

"When the defendant reached Mr. Ford, holding his nightstick horizontally in both hands, the defendant slammed Mr. Ford against the hood of a car and drove him off the car and onto the ground," Assistant U.S. Attorneys John D. Fabian and Aaron J. Mango said in court papers. "As the defendant crashed into Mr. Ford and slammed him onto the ground, Mr. Ford said, 'I didn't do nothing.' "

Shot by a WKBW-TV photographer, the video led to an FBI investigation and a civil rights prosecution charging Krug in two other incidents, as well. The jury acquitted Krug on all three charges tied to those other incidents.

The verdict means Ford, who testified at the first trial, will again take the stand to talk about his encounter with Buffalo police on Chippewa Street during one of the busiest party nights of the year.

"I just remember being on my back, saying 'I didn't do anything, I didn't do anything,' " Ford testified at the first trial.

Krug countered by attacking his accuser's credibility and suggesting in court papers that Ford has an anti-police bias and a history of criminal behavior.

"The government rests its case on a parade of wayward witnesses who, simply put, lack the capacity to tell the truth," Connors said at the time.

A few days after the first verdict, Ford, who is suing the city over his encounter with Krug, was arrested in Lackawanna on a minor marijuana possession charge.

Krug, who is charged with deprivation of rights under color of law and is currently on suspension, could lose his job on the force and go to prison if convicted.

In their relations w/Black people, Racists function as Psychopaths: Video Shows Psychopathic White Cuyahoga County Jail Cops Turn Off Body Cam & Repeatedly Punch Restrained Black Man in the Face

In general, white people treat each other humanely. But in their relations with non-white people, whites function as psychopaths. Dr. Bobby Wright has explained, 'the psychopath is an individual who is constantly in conflict with other persons or groups. He is unable to experience guilt, is completely selfish and callous, and has a total disregard for the rights of others. Psychopaths simply ignore the concept of right and wrong. By ignoring this trait in the White race (the lack of ethical and moral development) Blacks have made and are still making a tragic mistake in basing the worldwide Black liberation movement on moral suasion. It is pathological for Blacks to keep attempting to use moral suasion on a people who have no morality where race is the variable.' [MORE]

Cuyahoga County Jail.jpg

The Psychopathic Racial Personality. From [HERE] and [HERE] White Guards strapped Terrance Debose to a chair in a small cell tucked away in the Cuyahoga County Jail where no one else could see him.

Corrections Cpl. Nicholas Evans stood next to the chair. He flipped his body camera off and pummeled the face of the 47-year-old inmate who suffers from an undiagnosed mental illness. Debose could not move his arms to defend himself from the onslaught.

The release of a new video shows clear inhumane treatment towards inmates by guards in Cleveland’s jail.

Cuyahoga County corrections officers Nicholas Evans and Timothy Dugan are both seen repeatedly punching the inmate, Terrance Debose, during the March 2018 incident.

Debose was removed from his jail cell and taken into isolation via wheelchair for unknown reasons.

In the latest video Debose, 47, is seen being wheeled into an isolated room in March by a white guar. Debose’s arms and legs were strapped to a chair, and his face was covered by what looked to be a spit guard.

The guard, who has since been identified as Cpl. Nicholas Evans, appeared to be talking with Debose while walking around the room. The arm of a second guard, Timothy Dugan, appeared from the door as he seemed to be talking with Debose, as well. Evans then turned off his body camera and then immediately strikes Debose on the face several times as he sat defenseless in the wheelchair. Dugan enters the frame and also hits Debose, who was struck so severely that he suffered a concussion, the outlet reported.

A health care technician later enters the isolation cell, but it is unclear if they are aware of the incident, WKYC 3 noted. Evans and Dugan continued to stand in front of Debose when they both hit him one more time. According to, the guards left Debose sitting there bleeding for two hours.

Evans punches Debose six times and Dugan twice. Evans faces a felonious assault charge that carries a potential eight-year prison sentence if he’s convicted. Dugan is charged with misdemeanor assault, and both are charged with violating Debose’s civil rights. They pleaded not guilty at their arraignments in early April.

The two officers are on unpaid administrative leave while the case is pending.

Debose was initially jailed on cocaine possession and charges of tampering with evidence. His initial bond was $2,500, and he has since been indicted on charges of aggravated burglary, felonious assault and theft. $50,000.

His brother, Emanuel Debose, said in an interview that his brother has always suffered from mental illness, but is unsure of his exact diagnosis. His cases are on the Cuyahoga County Common Pleas Court’s mental health docket, which is designed to help mentally ill offenders get the help they need instead of languishing in jails and prisons.

“He said they beat him up bad,” Emanuel Debose said. “He said he wasn’t really able to talk because they’re recording the calls from the jail. He asked if I could get him some help, but I really didn’t know how to go about doing that type of stuff.”

The corrections officers who beat his brother are among the eight charged various incidents that are part of the Ohio Attorney General’s Office ongoing probe of civil-rights violations in the jail. Also charged are former warden Eric Ivey and former jail director Ken Mills.

Video released on Tuesday showed an inmate collapse from an overdose at the jail  and be ignored for more than two hours before dying at a hospital, WKYC reported. 

Two now-indicted corrections officers were seen in video released last month punching a woman, who also tied up in a restraint chair, and using pepper foam spray directly in her eyes. 

The Ohio Attorney General’s Office has an ongoing probe of civil-rights violations at the jail and has also charged former warden Eric Ivey and former jail director Ken Mills.

Republican Ohio Gov. Mike DeWine announced on Thursday that he would be making changes throughout the whole state because of the “crisis” at the Cuyahoga County Jail. One of those changes involves having the jail inspected every 30 days. reported that as of Monday, an inspection of the Cuyahoga County Jail was still not compliant with 66 minimum standards. [MORE]

ICE is Routinely Violating the Human Rights of Non-White Migrants in Its Custody: DHS Watchdog finds Rotten Food, Nooses at Multiple Family Destruction Centers

ICE inhumane.jpg

From [ThinkProgress] The Department of Homeland Security’s (DHS) Office of Inspector General (OIG) released a report Thursday detailing the horrific conditions at immigration detention centers across the United States. Inspectors found “immediate risks or egregious violations of detention standards” including nooses in detainee cells, overuse of solitary confinement, and spoiled food, among other issues.

DHS OIG inspected four Immigration and Customs Enforcement (ICE) facilities, including the Adelanto ICE Processing Center in California, the Aurora ICE Processing Center in Colorado, the LaSalle ICE Processing Center in Louisiana, and the Essex County Correctional Facility in New Jersey.

According to the report, the “inspections of the four detention facilities revealed violations of ICE’s detention standards and raised concerns about the environment in which detainees are held.”

OIG described the food service issues at Adelanto and Essex as “egregious.” At Adelanto, “lunch meat and cheese were mixed and stored uncovered in

large walk-in refrigerators,” while chicken “smelled foul and appeared to be spoiled.” Food in the freezer was also expired. At Essex, “open packages of raw chicken leaked blood all over refrigeration units” and “lunch meat was slimy, foulsmelling and appeared to be spoiled.”

All of the facilities demonstrated “serious issues with the administrative and disciplinary segregation of detainees” that violate ICE detention standards and infringe on detainee rights, the report read.

The findings confirm what most immigration activist groups and some progressive members of Congress have been clamoring about for months: ICE is routinely violating the human rights of the individuals in its custody. [MORE]

White Utah Cop Pointed a Gun at a 10 Yr old Black Boy’s Head to Niggerize & Threaten to Kill Him as He Played in the Front Yard. After his White Mom Confronted the Cop, He Left w/o Saying Anything

Niggerized - "unsafe, unprotected, subjected and subjugated to random violence, hated for who you are to the point you become so scared that you defer to the powers that be while willing to consent to your own domination."    Dr. Cornel West    quoted in   FUNKTIONARY  .

Niggerized - "unsafe, unprotected, subjected and subjugated to random violence, hated for who you are to the point you become so scared that you defer to the powers that be while willing to consent to your own domination." Dr. Cornel West quoted in FUNKTIONARY.

From [HERE] A mother wants an independent investigation Friday after she says a Utah police officer pointed a gun at her 10-year-old Black son's head in what she calls a racially motivated incident. Jerri Hrubes said at a news conference that she saw a white Woods Cross officer pull his gun on her son, DJ Hrubes, who is black, while he was playing on his grandmother's front lawn Thursday.

She said her son didn't have any toys or objects in his hand. The officer told DJ to put his hands in the air and get on the ground, she said. When DJ asked the officer if he did something wrong, she said the officer told DJ not to ask questions.

Hrubes said she raced outside of the house and screamed at the officer, "What are you doing? This is a 10-year-old child."

She said the officer didn't respond and got in his car and left.

Hrubes said she called dispatch right away to complain about the officer's actions, and the officer returned to the house later in the day. She said he apologized and DJ hugged him and said it was OK. She said her son doesn't "have a mean bone in his body" and is mentally delayed and has issues with his sight.

[Apology is always political. “It is a trick.” “A plea bargain in disguise.” Apology is not accountability. What is a felony threat?]

She teared up recounting the encounter and said she's thankful she taught DJ growing up to heed the commands of officers.

"I support all police officers. I see good in them," Hrubes said. "But, I do not support putting a child of 10-years-old at gunpoint with no explanation. . . Does he look like he's 30? Does he look like he's 18? No." [a very obedient white woman

FUNKTIONARY explains that Obedience is “slavery sold to both children and adults alike deceptively packaged in a respectfully sounding label. 4) reverse terrorism. You can compel obedience but you cannot compel responsibility or respect.”]

She said she doesn't necessarily want the officer fired, but wants an outside review and has filed a formal complaint. She appeared alongside attorney Karra Porter at the news conference, but said she's not considering any legal action at this time.

Hrubes, who is from Montana, said she was visiting her mother in the town where she grew up: West Bountiful, a suburb of Salt Lake City. She said the incident changes how she feels in Utah, a state where African Americans account for just 1.4% of the state's population, according to U.S. Census figures.

"As a white mother to a black son, I don't feel safe in West Bountiful anymore," Hrubes said. "That changed after yesterday. I do not feel that he is safe. He has not left my sight. It just doesn't feel like it used to."

Lex Scott, founder of Black Lives Matter in Utah, said her organization is demanding that the officer be fired or they will protest outside the police agency's offices. She said the group also plans to file a complaint with the FBI's civil rights division.

"Holding a gun to the head of a 10-year-old will traumatize that kid for life," Scott said. "The only apology we will accept is if this officer is terminated."

Negro Rolebot at Dallas HS Cut the Mic of Valedictorian Speaking on “Victims of injustice," Trayvon Martin & Tamir Rice at Graduation Ceremony

dals public fool system.jpg

Censorship - the rape of the hue-man mind. Take away the word “fuck” and you take away the right to say, “fuck the government.” - Lenny Bruce as quoted in FUNKTIONARY, which also defines:

Negro - a man or woman of Afrikan descent living in pathological mental state of cultural abstinence and historical amnesia— one who wants to impress his or her oppressor while ignoring the effects and plight that his or her accommodationist posture inures. 2) a Hanky-head. 3) an indigenous-to-the-land (American) Afrikan who does everything in his or her power to suppress or pretend that he or she is other than someone of recent Afrikan descent. 4) ethnicity-denying, assimilated and confused Afrikans indigenous to America. 5) one who truly believes he or she is white American—masquerading in black face. Mirror, mirror on the wall, who's a Negro after all? (See: Snigger, Rentellectual, McNegro & Negropolitan)

'If You Try to Help Black People & Criticize Government Authority You Might Get’ Censored by a Racist or One of His Negro Rolebots. From [HERE] A high school valedictorian in Dallas is claiming her principal cut the microphone during her graduation speech on Saturday, after she addressed the loss of “victims of injustice,” Trayvon Martin and Tamir Rice.

In the now viral video posted on Twitter, Rooha Haghar, is seen tapping her microphone and waiting for sound to return in what the school called a technical difficulty. But, as classmates cheered her on, Haghar says she watched Emmett J. Conrad High School principal Temesghen Asmerom signal staff turn off the mic.

“My valedictorian speech was cut short because I said the names of black children who had become victims of police brutality,” Haghar captioned the video. “Our principal signaled for my mic to be turned off as soon as I said ‘Trayvon Martin and Tamir Rice’ and played it off as a technical difficulty. Pathetic.”

In addition to mentioning Martin and Rice, Haghar tweeted that she intended to talk about “kids across the globe affected by war, famine, persecution and child labor” and remind her classmates that they have “an obligation to your community, and to the world at large.”

According to an official statement given to CNN, the Dallas Independent School District is currently investigating the incident.

Racist Authoritarians at Illinois Prison Remove Over 200 ‘Black Books’ from Prison Library. Most are books about Race or are Critical of Government

books removed from prison 2.jpg

Government is all about control of your mind. From [HERE] When she found out that staff at the Danville Correctional Center had removed more than 200 books from a library inside the prison’s education wing, Rebecca Ginsburg said she felt a pit in her stomach.

“I felt sick,” she said. Ginsburg directs the Education Justice Project, a college in prison program that offers University of Illinois classes to men incarcerated at the Danville prison in east-central Illinois. In late January, prison staff removed dozens of titles from two rooms that serve as the program’s library.

Those titles include books like “Visiting Day,” a children’s book about visiting a parent in prison by author, Jacqueline Woodson. Also included among the removed books are two titles written by African-American scholar Henry Louis Gates Jr., a book by philosopher Cornel West, “Up From Slavery” by Booker T. Washington, and “Mapping Your Future: A Guide to Successful Reentry 2017-2018” written by the college in prison program’s reentry team.

A majority of the books removed from the program’s library are about race. The list includes books by Frederick Douglass, Franz Fanon, DuBois, etc.

Outgoing Illinois Department of Corrections director John Baldwin said he learned about the book removal after a University of Illinois administrator called him to ask about it. He said he received an explanation from the Danville prison warden.

“Somehow, a lot of books got into the institution without going through our review process. That was our fault,” Baldwin said. “We let books in and some of them maybe shouldn't have been, some of them are very good books.”

Multiple emails obtained by Illinois Newsroom show that at least a portion of the books that were removed were approved by prison staff to enter the facility. The removed books also came into the prison at different times and in different years, and were brought in with other books that weren’t removed from the EJP library by prison officials earlier this year.

When asked how staff at the prison identified the books that weren’t subjected to a review process, Baldwin said, “I don’t know how the facility found that out. I have no idea.”


Like no other prison room

EJP just marked it’s 10th anniversary. Over the course of the last decade, Holly Clingan said volunteers and EJP participants have invested their time and resources in a library made for and largely operated by incarcerated EJP students. Clingan has volunteered with the program for the last five years helping students manage the library inside the prison.

“So the students are actually student librarians,” said Clingan. “They catalog. They maintain the spaces. They check books in and out. They help with research questions, guide the other students that are in program to the resources.”

Before the books were removed, Clingan said the collection included about 4,000 titles spread across two rooms. Ginsburg said the rooms “look like no other rooms inside the prison.” The walls are painted shades of blue and green, there are plants, and posters on the wall — some depicting EJP students giving presentations, she said.

Ginsburg said the program created the library because the general prison library lacked the breadth and variety of nonfiction and fiction books EJP students require to successfully complete their coursework. Last year, Illinois Newsroom reported that the prison system spent less than $300 on books for prison libraries and educational programs across more than two dozen facilities in 2017.

Clingan said it’s become increasingly difficult, however, to get reading material into the prison.

“It takes sometimes months for the resources for our courses to be cleared through the clearance process,” she said. “Sometimes we're not allowed to teach particular courses because the materials are considered controversial.”

Last fall, Ginsburg said the issue came to a head. Several titles, including “Uncle Tom’s Cabin,” “Narrative of the Life of Frederick Douglass, an American Slave,” and W.E.B. DuBois’ “The Souls of Black Folk” were submitted for consideration but ultimately denied.

Ginsburg said even books that were allowed to be brought into the facility were held by prison staff for weeks, delaying the start of EJP’s spring semester.

Then, in mid-January, the entire program was suspended for an unknown reason, she said. That’s when staff at the prison entered the program’s library and removed 202 titles from the shelves.

Censorship, restrictions nationwide

Illinois isn’t the only state to place restrictions on how or what prisoners can read.

State prison systems in WashingtonMaryland and Pennsylvania recently placed restrictions on book donations — and prison officials in all three states reversed these policies after public outcry. State officials said they were concerned about illicit substances entering prisons on the pages of donated books.

The Arizona Department of Corrections recently banned a book by a former federal prosecutor that focuses on racism in the criminal justice system. The department argued that the book posed a threat to security in the prison.

When asked what would constitute inappropriate content, Baldwin, referred IN to the agency’s publication review policy. The policy states that material that is sexually explicit or otherwise “obscene,” facilitates communication between offenders, encourages hatred, violence or other criminal activities, or is “otherwise detrimental to security, good order of the facility” may be disapproved.

Both Ginsburg and Michael Tafolla believe race, however, is at the root of the book removal in Danville. Tafolla participated in the EJP program during the last four years of a two-decade long prison sentence.

He grew up in Chicago, and was sent to prison on a murder conviction when he was 18 years old. Tafolla was released from prison last year.

He said books never caused riots or fights at the prison. Instead, Tafolla said, the books he read in EJP classes and on his own time led to greater self-awareness, and helped him reject a life of violence and crime.

“Prisons are filled by mostly black and brown (people),” said Tafolla. These books seem to be empowerment for not only black and brown, but directed towards black and brown, learning their history, learning who they are, giving them self identity, self worth and awareness of what their people, their generations have been through.”

He said that’s what books like these did for him; they helped Tafolla understand how he wound up in the cycle of mass incarceration. But he said he thinks there’s a reason prison staff don’t want incarcerated men reading empowering material.

“If people like me that come from poverty stricken neighborhoods learn how to be much more and value ourselves, we're going to be less likely to be breaking the law or doing other at-risk things,” Tafolla said. “If that happens, then less people are going to go to prison. Less people go to prison, that means there's going to be less prisons… That means that a lot of people are going to be out of jobs in the future.”

Tafolla is now a case manager for the Chicago-based Precious Blood Ministry of Reconciliation. He works with at-risk young adults ages 18 to 28 years old to mitigate violence and help them heal from past trauma.

The Freedom To Learn Campaign

Ginsburg, who directs EJP, said the Danville prison warden recently invited her to submit the books that were removed from the prison through another review process. She said she plans to take up the offer, but she’s skeptical that prison officials in Danville will provide a fair review of the books.

“The appeals process can't consist of us submitting the books, again, to the person who approved their removal in the first place,” she said. “That's not a principled review process.”

Meanwhile, Ginsburg and other advocates for expanded access to education inside Illinois prisons plan to launch an advocacy effort dubbed “The Freedom To Learn Campaign.”

Among other things, the group is asking state lawmakers for increased transparency and fairness for book approval policies in state prisons. They want procedures and criteria that protect against arbitrary and capricious acts of censorship, in addition to an appeals process.

State Rep. Carol Ammons, an Urbana Democrat, said she was disconcerted when Ginsburg showed her the list of removed books.

“I said, ‘Are they removing all black books?’ I was totally taken aback by the list of books, and what their objection is to the books,” Ammons said. Reading about the history of slavery, post-emancipation and the black experience in the United States “is an important part of developing an African-American person that is whole in society. So, if you take that away from them, you have, in essence, denied their very nature, their humanity… you can’t tell them that they don’t deserve to know what happened to them,” she added. [MORE]

"F--- y’all. I ain’t done nothing wrong." Latino Man Locked Up 44 Days for Refusing to Give His Cellphone Password to Tampa Cop, Prosecutor & Judge after a Marijuana Joint was Found in His Car

“Rights are myths—obedience to servitude or jail is the reality”      -    FUNKTIONARY   .  While the 4th Amendment allegedly protects against unreasonable searches, seizures and arrests, the so-called 5th Amendment, according to the Supreme Court, protects everyone, including innocent people, from the need to answer questions if the truth might be used to help create the misleading impression that they were somehow involved in a crime that they did not commit.  BELIEVE  that at your own risk. persons who are awake  know  “your rights” only exist on the thought standard; you have rights only if an authoritarian agrees you do.

“Rights are myths—obedience to servitude or jail is the reality” - FUNKTIONARY. While the 4th Amendment allegedly protects against unreasonable searches, seizures and arrests, the so-called 5th Amendment, according to the Supreme Court, protects everyone, including innocent people, from the need to answer questions if the truth might be used to help create the misleading impression that they were somehow involved in a crime that they did not commit. BELIEVE that at your own risk. persons who are awake know “your rights” only exist on the thought standard; you have rights only if an authoritarian agrees you do.

Do Non-White People Have the Right to Remain InnocentFrom [HERE] William Montanez is used to getting stopped by the police in Tampa, Florida, for small-time traffic and marijuana violations; it’s happened more than a dozen times. When they pulled him over last June, he didn’t try to hide his pot, telling officers, "Yeah, I smoke it, there's a joint in the center console, you gonna arrest me for that?"

They did arrest him, not only for the marijuana but also for two small bottles they believed contained THC oil — a felony — and for having a firearm while committing that felony (they found a handgun in the glove box).

Then things got testy.

As they confiscated his two iPhones, a text message popped up on the locked screen of one of them: “OMG, did they find it?”

The officers demanded his passcodes, warning him they’d get warrants to search the cellphones. Montanez suspected that police were trying to fish for evidence of illegal activity. He also didn’t want them seeing more personal things, including intimate pictures of his girlfriend.

So he refused, and was locked up on the drug and firearms charges.

Five days later, after Montanez was bailed out of jail, a deputy from the Hillsborough County Sheriff’s Office tracked him down, handed him the warrants and demanded the phone passcodes. Again, Montanez refused. Prosecutors went to a judge, who ordered him locked up again for contempt of court.

“I felt like they were violating me. They can’t do that,” Montanez, 25, recalled recently. "F--- y’all. I ain’t done nothing wrong. They wanted to get in the phone for what?”

He paid a steep price, spending 44 days behind bars before the THC and gun charges were dropped, the contempt order got tossed and he pleaded guilty to a misdemeanor pot charge. And yet he regrets nothing, because he now sees his defiance as taking a stand against the abuse of his rights.

“The world should know that what they’re doing out here is crazy,” Montanez said. The police never got into his phones.

While few would choose jail, Montanez’s decision reflects a growing resistance to law enforcement’s power to peer into Americans’ digital lives. The main portals into that activity are cellphones, which are protected from prying eyes by encryption, with passcodes the only way in.

As police now routinely seek access to people’s cellphones, privacy advocates see a dangerous erosion of Americans’ rights, with courts scrambling to keep up.

“It’s becoming harder to escape the reach of police using technology that didn’t exist before,” said Riana Pfefferkorn, the associate director of surveillance and cybersecurity at the Center for Internet and Society at Stanford Law School. “And now we are in the position of trying to walk that back and stem the tide.”

While courts have determined that police need a warrant to search a cellphone, cops and prosecutors simply pretend the question of whether police can force someone to share a passcode is far from settled,. Last month, the Indiana Supreme Court heard arguments on the issue. The state supreme courts in Pennsylvania and New Jersey are considering similar cases.

Camera Man .jpg

According to the NACDL, “the Supreme Court recognized in Riley v. California that cell phones are unlike other types of physical objects. 134 S.Ct. 2473 (2014). Instead, the Court held, they are minicomputers that contain the most intimate details of life. Due to their immense storage capacity, combined with the many distinct types of private data they contain, the Court held that the Fourth Amendment requires law enforcement to get a warrant to search a cell phone, even incident to arrest. But if a device is locked or encrypted, can law enforcement compel a suspect to unlock or decrypt it?

While the lawfulness of a device search is a Fourth Amendment issue, the Fifth Amendment privilege against self-incrimination is the central safeguard against compelled decryption. To successfully assert this right, the act of decryption must be compelled, incriminating, and “testimonial.”

The act of decrypting a device may be “testimonial” under the Fifth Amendment if it explicitly or implicitly conveys the fact that certain data exists or is in the possession, custody, or control of an individual. See In Re Grand Jury Subpoena Duces Tecum, 670 F.3d 1335 (11th Cir. 2012). Such an “act of production” may itself be incriminating or effectively concede the “existence, possession and control, and authenticity” of potentially incriminating evidence on a device. Id. at 1343. This analysis often hinges on the type of lock employed.

Courts have generally found that compelling individuals to provide their numeric or alphanumeric passcode is potentially testimonial under the Fifth Amendment, as it forces the defendant to reveal “the contents of his own mind.” In Re Grand Jury Subpoena Duces Tecum 670 F.3d at 1345; see also U.S. v. Apple MacPro Computer, 851 F.3d 238 (3d Cir. 2017). It is analogous to compelling production of the combination to a wall safe, which is testimonial, as opposed to surrendering the key to a strongbox, which is not. See Doe v. U.S., 487 U.S. 201, 220 (1988).” [MORE]

[NBC article continues] - As this legal battle unfolds, police keep pursuing [unlawful] new ways of breaking into cellphones if the owners don’t cooperate — or are enlisting help from technology firms that can do it for them. This has put them at odds with cellphone makers, all of whom continually update their products to make them harder for hackers or anyone else to break into.

But the hacking techniques are imperfect and expensive, and not all law enforcement agencies have them. That is why officials say compelling suspects to unlock their cellphones is essential to police work. Making the tactic more difficult, they say, would tilt justice in favor of criminals.

“It would have an extreme chilling effect on our ability to thoroughly investigate and bring many, many cases, including violent offenses,” said Hillar Moore, the district attorney in East Baton Rouge, Louisiana, who got the FBI’s help in breaking into a cellphone belonging to a suspect in a deadly Louisiana State University fraternity hazing ritual. “It would basically shut the door.”

Clashes over passcodes

In the part of Florida where Montanez lives, authorities are guided by a case involving an upskirt photo.

A young mother shopping at a Target store in Sarasota in July 2014 noticed a man taking a picture of her with his phone while crouching on the floor. She confronted him. He fled. Two days later, police arrested Aaron Stahl and charged him with video voyeurism.

Authorities got a search warrant for Stahl’s iPhone, but he wouldn’t give them the passcode, citing his Fifth Amendment right not to incriminate himself. A trial judge ruled in his favor, but a state appellate court reversed the decision in December 2016, saying Stahl had to provide the code. Facing the possibility of getting convicted at trial and sentenced to prison, Stahl agreed to plead no contest in exchange for probation.

While Stahl did not provide the passcode in the end, prosecutors still rely on the precedent established by the appellate ruling to compel others to turn over their passcodes under the threat of jail.

“Up until that point you could be a pedophile or a child pornogropher and carry around the fruits of your crime in front of law enforcement officers, prosecutors and judges and taunt them with fact that they couldn’t get the passcode,” said Cynthia Meiners, who prosecuted Stahl at the 12th Judicial Circuit State’s Attorney’s Office. “You could say, ‘I’m a child pornographer and it’s on my phone but I’m not giving you my passcode because I would be incriminating myself.’”

But that ruling only holds in a few counties of Florida. Elsewhere in the country, skirmishes remain unresolved.

In Indiana, police officials are trying to force a woman to share her passcode as they investigate her for harassment, saying she was making it impossible for them to obtain key evidence. The woman’s lawyer says authorities haven’t said what evidence they think is in the phone, raising concerns about a limitless search.

Her appeals reached the state Supreme Court, whose ruling could influence similar cases around the country. Attorneys general in eight other states filed a brief in support of the police, warning against a ruling that “drastically alters the balance of power between investigators and criminals.”

The stakes are similar in New Jersey, where a sheriff’s deputy accused of tipping off drug dealers to police activities has refused to hand over passcodes to his iPhones. The state Supreme Court agreed in May to hear the case.

These clashes aren’t limited to the use of passcodes. Police have also tried to force people to open phones through biometrics, such as thumbprints or facial recognition. Legal experts see the Fifth Amendment argument against self-incrimination as more of a stretch in those cases. The law has generally been interpreted as protecting data that someone possesses — including the contents of their mind, such as passcodes — but not necessarily their physical traits, such as thumbprints. Still, some judges have refused to sign warrantsseeking permission to force someone to unlock their phone using their face or finger.

The rules on compelled decryption are more lenient at the U.S. border, where federal agents have given themselves wide authorityto search the phones of people entering the country ─ and have reportedly spent hundreds of thousands of dollars on third-party hacking tools.

“Depending on where you are in the country, there is different case law on what police can do,” said Andrew Crocker, a senior staff attorney at the Electronic Frontier Foundation, a civil liberties nonprofit.

In some states, there is no authoritative court ruling, leaving law enforcement authorities to decide for themselves. Virginia falls into that category. Bryan Porter, the prosecutor in the city of Alexandria, said he has told local police it’s OK to try to force someone under the threat of jail to open a cellphone by thumbprint or face. But demanding a password seems to go too far, he said.

Criminals shouldn’t be able to inoculate themselves from investigations, Porter said. “But it kind of rubs me the wrong way to present a piece of paper to someone and say, ‘Give us your passcode.’”

‘What they were doing to me was illegal’

In Tampa, Florida, where Montanez was arrested last year, judges still rely on the 2016 ruling against Stahl by the Second District Court of Appeals. That is what prosecutors cited when they tried to force Montanez to give up his passcodes.

But Montanez’s lawyer, Patrick Leduc, argued that, unlike Stahl’s case, police had no reason to search the phone, because it had no connection to the offenses he was charged with. The “OMG, did they find it?” text message — which turned out to be from Montanez’s mother, who owned the car and the gun in the glove box — was meaningless, Leduc said. He warned of a police “fishing expedition” in which authorities could search for anything potentially incriminating on his phone.

While sitting in lockup for contempt, Montanez’s resolve not to give up his passcodes hardened. “What they were doing to me was illegal and I wasn’t going to give them their business like that,” he said.

“They told me I got the key to my freedom,” he added. “But I was like, ‘F--- that.’”

But the experience shook him. “I ain’t the toughest guy in the world, but I can protect myself. But it was crazy,” he said. “Bad food, fights here and there, people trying to take your food.”

At the same time, the drugs and gun case against Montanez was crumbling. Laboratory tests on the suspected THC oil came back negative, voiding that felony charge and the gun charge related to it. That left prosecutors with only minor pot charges. But he remained in jail on the contempt charge while his lawyer and prosecutors negotiated a plea deal.

In August 2018, after Montanez had spent more than five weeks in jail for refusing to provide the passcode, an appellate court dismissed the contempt case on a technicality. The court invited prosecutors to try again, but by then the passcode’s value had diminished. Instead, prosecutors allowed Montanez to plead no contest to misdemeanor drug charges and he was freed.

When he was released, Montanez carried a notoriety that made him feel unwelcome in his own neighborhood. He noticed people looking at him differently. He was banned from his favorite bar.

The police keep pulling him over, and he now fears them, he said. He finally left Tampa and lives in Pasco County, about an hour away.

“Yeah, I took a stand against them,” he said. “But I lost all that time. I gotta deal with that, going to jail for no reason.’

Mass. Court to Review Cops’ Warrantless Use of License Plate Reader Cameras to Record Your Movements & Put Together a Map, a Pattern & Predict where you’re Going to Be



From [HERE] Massachusetts’ highest court will soon review the legality of controversial surveillance technology that state and local law enforcement use to track vehicles in real time, collecting voluminous data on motorists not suspected of any crime.

Police departments in Massachusetts in recent years have installed an undisclosed number of cameras across the state that automatically photograph the license plate of each passing vehicle, and compile data, including the location date and time, in a massive database — all without obtaining warrants or court orders.

The practice has raised a host of legal and privacy concerns, along with questions about how the data is used and stored. Plate reader technology has proliferated across the country in recent years, and remains unregulated in many states, including Massachusetts. Now, the matter is headed for a showdown in the Supreme Judicial Court.

“It’s clearly a very controversial issue facing courts throughout the nation now,” said Martin W. Healy, chief legal counsel of the Massachusetts Bar Association. “You can see people are struggling with this technology and how to allow it to flourish without offending the individual’s right to privacy.”

Late last month, SJC Justice Scott L. Kafker took a rare step in ordering an appeal of a Barnstable County drug trafficking case to go before the court’s full bench. A defendant in the pending criminal case was identified and tracked using plate readers.

Healy said the case will be “precedent-setting,” no matter the outcome. “Eventually, we’ll see this issue addressed by the US Supreme Court.”

Authorities in Massachusetts say they use the plate readers to track either the historical or real-time movements of violent suspects or drug traffickers, for example, or to find missing and abducted people.

“The technology is an important tool in our overall capability to locate vehicles and suspects connected to serious offenses, ranging from potential criminal activity to terrorist threats,” said State Police spokesman David Procopio.

But civil liberties advocates and some lawmakers have raised privacy concerns and questions about the constitutionality of police using the technology. They’ve also expressed concern over the technology’s use by private companies, including car repossession firms and parking lot operators, and the practice of other businesses, such as banks, insurers, and private investigators, buying data from brokers.

Kade Crockford, director of the Technology for Liberty Program at the ACLU of Massachusetts, called the technology “a threat to every person’s freedom to go about their daily life without a government official keeping a record of their every movement.”

Procopio acknowledged plate readers are in use “throughout” the state but would not say where or how many. He said “case law establishes that appropriate use of [plate reader] technology is constitutional” and that the agency uses the system for law enforcement purposes.

Some are installed at fixed locations, he said. Others are on cruisers or portable equipment.

It’s unclear how many agencies use the technology, but 60 municipal, county, and state law enforcement agencies can access and submit data to a statewide database containing troves of information captured by plate readers, according to documents obtained by the Globe through public records requests.

State public safety officials say that data is stored for one year, with older information purged daily. No agencies outside the state have access, officials say.

The Massachusetts Port Authority says it uses the technology at Logan Airport for public safety and security reasons and at airport parking facilities “for business-related purposes,” including “locating customer vehicles.”

The technology is also deployed on either side of the Bourne and Sagamore bridges — allowing law enforcement to record the plate of every vehicle that drives onto or off Cape Cod.

Those cameras were installed more than three years ago by State Police. Their existence came to light only recently through an opioid trafficking case in Barnstable Superior Court.

The case was the result of a long-term investigation in which police used a mix of historical and real-time plate-reader data captured by the Cape bridge cameras to track and eventually arrest two men after an alleged drug deal. Each man was indicted on felony drug charges.

Defense attorney Paul A. Bogosian argued in court that the way police used the technology violated several laws, including state and federal constitutional protections as well as federal laws surrounding the privacy of electronic communications.

Bogosian said police should have obtained a search warrant or a court order before using the plate reader to track the vehicle of his client, Jason McCarthy, over a prolonged period, similar to legal requirements for cellphone location data. Under a US Supreme Court ruling in 2018, law enforcement officials now generally need a warrant to collect cellphone location data.

In March, Massachusetts Superior Court Judge Robert Rufo ruled that license plates don’t come with the same privacy expectation as cellphone data, and the two sets of bridge cameras don’t show the same detailed trail of movements a cellphone might.

Bogosian appealed Rufo’s ruling to the SJC.

“It’s Big Brother being able to have information that predicts your location,” Bogosian said in an interview. “They’re able to put together a map and a pattern and predict where you’re going to be on a certain day.”

Cape & Islands District Attorney Michael O’Keefe, whose office is prosecuting the Barnstable case, pointed out that the case involves plate readers at a fixed location.

“This doesn’t allow for someone to get the same information they would from putting a [GPS] device on a car and tracking it everywhere it goes,” O’Keefe said. “We could put an officer at either end of the bridge to do the same thing.”

O’Keefe said he did not know how many plate-reading cameras there are in Massachusetts, but said he doesn’t believe they’re widespread.

Chelsea Police Chief Brian Kyes, president of the Massachusetts Major City Chiefs of Police Association, said local law enforcement began using the technology about a decade ago. He said it’s a valuable tool for protecting the public and he hopes the SJC will allow law enforcement to keep using it.

“While privacy concerns should always be considered . . . in this instance those concerns do not outweigh the potential benefits,” Kyes said in an e-mail.

Compounding privacy concerns: The technology — and the humans who use it — can make mistakes.

Massport internal audits in 2017 found cameras at Logan Airport were failing to accurately capture about 40 percent of plates leaving parking facilities. One audit said plans to install “state-of-the-art” cameras should lower the misread rate to about 25 percent.

Iowa Ct says the Smell of Marijuana by Itself is Probable Cause for a Search: Cop Claimed to Smell Marijuana on a Black Man 30 Ft Away, Walking by Cruiser [Judges Believe anything Cops say]

pigs on wall.jpg

If Judges Believe Almost Anything Cops say then Almost Any Stop is “Lawful.” From [HERE] “Iowa Supreme Court precedent holds that the odor of marijuana emanating from a person, by itself, when detected by a police officer, who has adequate knowledge and training to recognize the smell, constitutes probable cause. The district court incorrectly found otherwise and improperly granted Carter’s motion to suppress.” State v. Carter, 2019 Iowa App. LEXIS 588 (June 5, 2019). [MORE] The case involved the stop of Melton Ray Carter, a Black man.

According to the 6/5/19 opinion of the Iowa Court of Appeals,

On August 30, 2017, Sioux City Police Officer Christopher Eral was sitting in his police vehicle and filling out paperwork with the window partially open. He observed a male, later identified as Carter, walking past his patrol car at a distance of thirty to forty feet. As Carter did so, Officer Eral detected an odor he recognized as marijuana.1 The officer did not smell the marijuana odor until Carter walked by, and there was nobody else in the area who could plausibly have been the source of the odor.

Officer Eral radioed that he was going to be out of his patrol vehicle with an individual, exited his patrol car, and then walked toward and called out to Carter. As Officer Eral and Carter approached each other, the officer detected the odor of marijuana coming directly from Carter’s person. Officer Eral asked Carter for consent to search, which Carter denied. Officer Eral advised Carter that he was going to search Carter due to the odor of marijuana coming from his person. Carter admitted to Officer Eral that he had marijuana on his person, which the officer located in Carter’s left pants pocket during the search. 2 Officer Eral arrested Carter for possession of the marijuana.

In a majority of states that have addressed the issue courts have held that an officer’s detection of the odor of marijuana, standing alone, constituted probable cause. The plain smell doctrine falls under the plain view and plain touch doctrine of the illusional 4th Amendment. The warrantless seizure of evidence in the plain view of an officer may be upheld if (1) the officer was lawfully present at the situs and (2) the item seized was immediately recognizable as evidence. (Terry) Horton v. California, 496 U.S. 128, 136-37 (1990).