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May 7, 2013
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Texas Police Turning Into Mobile Debt Collectors
So warns the Electronic Freedom Foundation.

Two new technologies and one failed state program could make highway travel perilous for Texans traveling between San Antonio, Austin and Houston.

Law enforcement agencies with jurisdiction over I-10 east of San Antonio and I-35 between San Antonio and Austin have signed contracts with Vigilant Solutions, a license plate reader company, with the aim of stopping drivers who have outstanding traffic warrants.

The company's database syncs real-time license scanning with a government warrants database to ping police when a target approaches.

At the same time, a new law enacted in 2015 allows police to install credit card readers in patrol vehicles. The idea was to allow people to pay their fines rather than be taken to jail. Vigilant Solutions is piggybacking on that policy.


The company's contracts with Guadalupe County and the City of Kyle call for a 25 percent service charge, most of it payable to Vigilant, to be tacked onto the outstanding fines, putting a detained driver into bind: either pay all outstanding debts plus the service charge, or go to jail.

The Electronic Frontier Foundation is warning that this turns police into mobile debt collectors for a private company, and raises questions about the legality of the surcharge, which hinges on whether the fee is "reasonably incurred in providing the access or service."

EFF posted a PowerPoint slide from a Vigilant presentation assuring officials that the charge could be justified under state law. The organization argues that the surcharge is not reasonable because it pays not just for direct costs, but the entire system.

Texas already has a problem with administrative charges tacked onto fines for motor vehicle violations. It's estimated that 10 percent of Texans have outstanding warrants – many of them unaware – because of the state's Driver Responsibility Program.

Since its creation in 2003, the program has billed Texas drivers more than $3.6 billion, but just half of that has been collected, according to the Legislative Budget Board:

_http://www.lbb.state.tx.us/Documents/Publications/GEER/Government_Effectiveness_and_Efficiency_Report_2015.pdf

"The Driver Responsibility Program was supposed to improve public safety," the Texas Observer reported. "Instead, it has saddled countless drivers with onerous fines, introduced a new form of double jeopardy to the legal system, stripped more than a million drivers of their drivers' licenses and—in a classic example of perverse incentives—decreased DWI convictions."

If you are convicted of any number of driving violations, or rack up more than six points on your driving record, you fall into the clutches of the program, and face additional fines of $100 to $2,000 every year afterward for three years.

The program has struggled with notifying drivers of their fines, leading to rampant license suspensions:
http://www.texastribune.org/2014/04/14/driver-responsibility-program-still-problematic/

As of April 2014, some 1.4 million Texas drivers had their licenses suspended for nonpayment:

_http://www.lbb.state.tx.us/Documents/Publications/GEER/Government_Effectiveness_and_Efficiency_Report_2015.pdf

Watchdog.org's reporting on license plate readers in Northern Virginia raised a number of privacy and surveillance concerns.

The Texas program raises even more, according to the EFF. Vigilant Solutions gets to keep a copy of all license plate data gathered by police. It also sent out an undisclosed number of erroneous warrant notices across the state last month, although the company denies that any "personal information was divulged to any unintended recipients."

This article originally appeared at Watchdog.org.
 
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DuceTheTruth

No Flexxin No Fakin
Apr 1, 2003
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Texas Police Turning Into Mobile Debt Collectors
So warns the Electronic Freedom Foundation.

Two new technologies and one failed state program could make highway travel perilous for Texans traveling between San Antonio, Austin and Houston.

Law enforcement agencies with jurisdiction over I-10 east of San Antonio and I-35 between San Antonio and Austin have signed contracts with Vigilant Solutions, a license plate reader company, with the aim of stopping drivers who have outstanding traffic warrants.

The company's database syncs real-time license scanning with a government warrants database to ping police when a target approaches.

At the same time, a new law enacted in 2015 allows police to install credit card readers in patrol vehicles. The idea was to allow people to pay their fines rather than be taken to jail. Vigilant Solutions is piggybacking on that policy.


The company's contracts with Guadalupe County and the City of Kyle call for a 25 percent service charge, most of it payable to Vigilant, to be tacked onto the outstanding fines, putting a detained driver into bind: either pay all outstanding debts plus the service charge, or go to jail.

The Electronic Frontier Foundation is warning that this turns police into mobile debt collectors for a private company, and raises questions about the legality of the surcharge, which hinges on whether the fee is "reasonably incurred in providing the access or service."

EFF posted a PowerPoint slide from a Vigilant presentation assuring officials that the charge could be justified under state law. The organization argues that the surcharge is not reasonable because it pays not just for direct costs, but the entire system.

Texas already has a problem with administrative charges tacked onto fines for motor vehicle violations. It's estimated that 10 percent of Texans have outstanding warrants – many of them unaware – because of the state's Driver Responsibility Program.

Since its creation in 2003, the program has billed Texas drivers more than $3.6 billion, but just half of that has been collected, according to the Legislative Budget Board:

_http://www.lbb.state.tx.us/Documents/Publications/GEER/Government_Effectiveness_and_Efficiency_Report_2015.pdf

"The Driver Responsibility Program was supposed to improve public safety," the Texas Observer reported. "Instead, it has saddled countless drivers with onerous fines, introduced a new form of double jeopardy to the legal system, stripped more than a million drivers of their drivers' licenses and—in a classic example of perverse incentives—decreased DWI convictions."

If you are convicted of any number of driving violations, or rack up more than six points on your driving record, you fall into the clutches of the program, and face additional fines of $100 to $2,000 every year afterward for three years.

The program has struggled with notifying drivers of their fines, leading to rampant license suspensions:
Despite Changes, Driver Surcharge Program Faces Opposition | The Texas Tribune

As of April 2014, some 1.4 million Texas drivers had their licenses suspended for nonpayment:

_http://www.lbb.state.tx.us/Documents/Publications/GEER/Government_Effectiveness_and_Efficiency_Report_2015.pdf

Watchdog.org's reporting on license plate readers in Northern Virginia raised a number of privacy and surveillance concerns.

The Texas program raises even more, according to the EFF. Vigilant Solutions gets to keep a copy of all license plate data gathered by police. It also sent out an undisclosed number of erroneous warrant notices across the state last month, although the company denies that any "personal information was divulged to any unintended recipients."

This article originally appeared at Watchdog.org.

Damn a 25% surcharge tho?.....thats bullshit
 
May 7, 2013
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The government will have to plant something really spectacular on that phone, otherwise they are going to look silly making such a fuss over nothing.

The Obama administration secured a court order from a California-based federal judge on Tuesday to force tech giant Apple to develop special software designed to compromise encryption security features embedded in the iPhone’s iOS 9 operating system.

The court decision, utilizing an obscure and antidemocratic law from the 18th century, is part of efforts to utilize last year’s attack in San Bernardino, California to intensify the assault on democratic rights and expand the police-state spying powers of the government.

The FBI and the Justice Department claim that the new software is necessary to enable federal investigators to search through an iPhone belonging to Syed Rizwan Farook, one of the attackers responsible for the mass shooting at the Inland Regional Center in San Bernardino.

At stake, however, is far more than the data on Farook’s phone. The government wants broad authority to bypass encryption mechanisms on any communications that it is not presently able to monitor.

US agents have been unable to access Farook’s phone as a result of Apple’s built-in “auto-erase” feature, which deletes the smartphone’s data after ten or more incorrect attempts to unlock it. The phone’s security features prevent the agency from employing its preferred method of “brute forcing” entry, i.e., trying every possible password.

Judge Sheri Pym of the Federal District Court for the District of Central California ruled Tuesday that Apple must find a way to “bypass and disable” the security features on Farook’s phone. Apple will appeal the ruling within days, and the case could be decided in the Supreme Court.
 
May 7, 2013
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Off-Duty NYPD Cop Killed in Hit-and-Run Reportedly Drew Gun, Threatened to Kill Driver Before Being Struck



On Sunday, an off-duty rookie NYPD officer named Vincent Harrison was killed by a hit-and-run driver on the New Jersey Turnpike. According to a local news report, Harrison told another driver “I can kill you right now” in a bizarre scene moments before his death.

Before the fatal crash, Harrison got into a minor accident with another driver, which prompted him to exit his car and speak with her. Initial reports noted that he had drawn his gun drawn as he approached the other driver’s car, but the nature of the conversation was not immediately clear. At some point as Harrison stood on or near the roadway, a third driver named William Espinal-Mejia allegedly struck him with his Infiniti and kept driving. Harrison died on the scene.

Citing “authorities” and other unnamed sources, ABC 7 is now reporting that Harrison threatened the second driver before he was hit.

Authorities say Harrison had rear ended a vehicle driven by a 26-year-old Rahway woman who was traveling southbound in the Turnpike’s right center lane. Harrison got out of his vehicle and walked up to the other car, occupied by the woman in the driver’s seat and her 2-year-old son in the back.

The two reportedly got into a verbal dispute, and sources say Harrison pulled his service weapon and pointed it at the woman, who was remained seated in her car. He allegedly yelled words to the effect of, “You don’t know who I am” and “I can kill you right now” numerous times.

As Harrison backed away from the woman, he stepped into the Turnpike traffic lanes and was struck by a passing vehicle.

William Espinal-Mejia, the alleged hit-and-run driver, is being charged with second-degree leaving the scene of a fatal accident, the New York Daily News reports. His bail is $100,000.
 
May 7, 2013
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Cops raid building filled with armed thugs, find drugs and money, make no arrests.....well, because they are part of the shield, of course



Jefferson Parish Sheriff Newell Normand said Wednesday his office has taken the unusual step of raiding another law enforcement agency in the parish, citing missing evidence and “sloppy” practices at the Grand Isle Police Department.

No police officers were arrested after the execution of a search warrant at Grand Isle police headquarters on Tuesday, and Normand stopped short of saying he would bring criminal charges. But the sheriff hinted at broader potential misconduct among officials in the small barrier-island town.

He said his agency’s undercover drug investigations in the area over the past few years, which have resulted in dozens of arrests, have been hampered by interference from the Grand Isle force.

“The island is kind of the end of the world,” Normand said. “Everybody knows everybody; everyone’s related to everybody.”
Normand spoke about the probe at the same time he unveiled the news that deputies had arrested 14 people in the small town as the result of a separate narcotics investigation. Left unsaid was what — if any — connection there is between the drug cases and the Police Department. Eighteen people in all were indicted in the sting, including some of the island’s biggest methamphetamine dealers, officials said.

Grand Isle Police Chief Euris DuBois said he was shocked when deputies wielding long guns appeared at his office on Tuesday, and he rejected the sheriff’s allegations of sloppy evidence storage. He also questioned why the Sheriff’s Office, instead of an agency outside the parish, was leading the investigation.

“I just don’t know why the sheriff’s after me. For what reason I don’t know. I never did the man nothing. Always supported him,” DuBois said. “We’re all sick about it, the way Jefferson Parish treated us yesterday.”

The inquiry into Grand Isle police, meanwhile, could create headaches for the office of Jefferson Parish District Attorney Paul Connick Jr. Normand said defense attorneys seize upon issues like poor evidence and record-keeping on behalf of clients who have been arrested or convicted based on cases made by sloppy police work.

Connick’s office declined to comment on whether prosecutors are reviewing cases generated by the Grand Isle Police Department.

Read more
 
May 7, 2013
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ILLINOIS POLICE DEPT GETS RID OF BODY CAMS BECAUSE ADMINISTRATIVE WORKLOAD IS TOO BURDENSOME

Minooka, IL — The Minooka Police Department decided that the benefits from police body cameras do not outweigh the inconvenient administrative work associated with their use. They have halted the department use of body cameras after only six months.

In 2013, a high-profile study of the use of police body cameras in Rialto California showed their use to be nothing short of stunning. After body cameras had been implemented, the department saw a 60% reduction in use of force instances and an 88% reduction in officer complaints.

After the highly controversial murder of Mike Brown in Ferguson, Missouri in 2014, the topic of police body cameras became part of the national discussion. Departments across the country began adopting the beneficial technology.

However, since then, we’ve seen case after case of individual officers conveniently turning off their body cameras before acting violently or criminally. Also, as was the case in Fresno, California last month, police officers are undeterred about their murderous actions being caught on film.

All the flaws aside, however, body cameras are far better at providing a transparent account of police behavior than reports that can be fudged, as well as citizen complaints. Society, as a whole, benefits from knowing how their armed state agents perform when ‘serving’ the public.

When all the benefits of body cameras are overlooked because of a minor increase in administrative work, the public loses out. And, that is exactly what happened in Minooka, Illinois.

As Morris Herald-News reports:
Last year, Illinois was one of the first states in the country to passlegislation creating comprehensive law enforcement rules for body cameras. The law did not mandate that police departments use them, but it did specify how and when they should be used if a department elects to use them.

Minooka Police Chief Justin Meyer said Friday the issue was not with the functionality of the cameras, but that it became a burden for staff to fill the many requests for video footage.

Meyer, completely ignoring the officer’s duty to collect evidence in cases, ousted the camera program because officers had better things to do besides gather proof of their investigations.

“You could have four officers on a call for a domestic incident,” Meyer said. “If they are on scene for an hour – whether there’s an arrest or not – that’s four hours of video that has to be uploaded.”

 
May 7, 2013
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Trooper Who Arrested Sandra Bland Indicted for Perjury and Fired



The Texas state trooper who violently arrested Sandra Bland, an activist whose death caused nationwide protest last summer when she was found dead in her jail cell, was indicted by a grand jury on Wednesday for perjury. Following the indictment, it was announced that he has been fired from the state police.

Trooper Brian Encinia was charged with the misdemeanor for allegedly lying about how he removed Bland from her vehicle during the traffic stop. The same grand jury opted not to indict any sheriff's officials or jailers in Bland's death last month.

Bland was pulled over for an improper lane change on July 10, and the interaction quickly escalated to the officer brandishing his taser and threatening “I will light you up,” when Bland refused to put her cigarette out and get out of the vehicle.

Bland was then held in a Waller County jail for three days, unable to come up with the $500 bail. On the third day, she was found hanging in her cell with a plastic garbage bag around her neck.

The woman’s family and supporters have questioned the official suicide ruling, noting that she was about to start a new career. She had also been critical of police on social media.

Waller County District Attorney Elton Mathis has maintained that there is no evidence of foul play, but a lawyer for the family is requesting all the evidence from the grand jury proceedings to conduct their own investigation.

Encinia had been on paid administrative duty since Bland’s death, and is currently facing a wrongful death lawsuit by Bland’s family. The case is set to go to trial in January 2017.

The perjury charge carries a maximum sentence of one year in jail and a $4,000 fine. The grand jury will not be issuing any more indictments and have concluded their investigation into the case.


#WOOPTYEFFINDOO
Panel Calls for Major Changes at Texas Jail That Held Sandra Bland



HEMPSTEAD, Tex. — A panel reviewing the Texas jail where a 28-year-old black woman, Sandra Bland, was found dead three days after being arrested in July has called for major changes in the treatment and medical screening of inmates.

“Presently, deputies screen arrestees for mental and medical problems, but this is not an accurate or efficient process,” said a report by an independent committee charged with investigating practices and policies at the facility, the Waller County jail. “Deputies do not possess the training or expertise to evaluate the medical and mental health needs of inmates.”

Lingering questions after Ms. Bland’s death, which was ruled a suicide, focused on medical information on a booking form as she was being processed into the jail after a confrontational traffic stop. Ms. Bland responded “yes” on the form when asked whether she had ever attempted suicide, and told jailers that she was taking medication for epilepsy.

Committee members called for new policies requiring medical specialists to conduct medical and mental screening, and said deputies might not be qualified to deal with such issues.

“Often, deputies taking mental health history do not know what to do with this information once it made part of the file,” the report said.

The panel also found that suicide prevention measures at the jail were applied “in a less than optimal manner.”

The review committee, made up of four lawyers and a former judge on the Texas Court of Criminal Appeals, was formed after Ms. Bland was found hanging from a garbage bag in her jail cell.

Ms. Bland, who had recently moved to Texas to accept a job at Prairie View A&M University, was arrested on July 10 after being pulled over for failing to signal a lane change. The encounter turned tense, and the arresting trooper, Brian T. Encinia, eventually ordered her out of her car after she refused to put out a cigarette.

Trooper Encinia was fired by the Texas Department of Public Safety after being indicted on a perjury charge in January. He pleaded not guilty to the misdemeanor charge. The grand jury declined to indict any of Ms. Bland’s jailers.

Craig Washington, the committee chairman and a former congressman, told reporters that the panel had focused specifically on conditions in the jail and not on Ms. Bland’s death or incarceration. Her name appeared only twice in the 11-page report, both times in reflective, tribute-like references.

“The committee was driven by Sandra Bland’s words: ‘I am going to Texas to make it better,’ ” members wrote in a two-sentence passage on cover page. Committee members also stated that, while studying “all areas” of the jail, “we are reminded of Sandra Bland’s untimely death as perhaps the impetus for this review.”

The panel issued nine recommendations, including building a new jail, buying body cameras, creating a digital booking process and separating jail administration from policing to enable deputies to concentrate on law enforcement.

Committee members, who participated in ride-alongs and were given access to the jail, said they had witnessed Sheriff Department employees insulting and dehumanizing people they encountered. The report called for “zero tolerance against the use of demeaning or derogatory language.”

In a related recommendation, the committee called for mandatory psychological evaluations and anger management courses to help deputies cope with stress.

The sheriff, R. Glenn Smith, who participated in the committee’s news conference, said he agreed with “about 99 percent” of the findings but suggested that he wanted to take a closer look at the recommendations on jail administration.

Mr. Washington, a lawyer in Houston, said the recommendations should also be broadly applied to other Texas sheriff’s offices. “I think this could be a model to others in law enforcement,” he said.

A version of this article appears in print on April 13, 2016, on page A13 of the New York edition with the headline: Changes Proposed for Jail in Texas Where Bland Died.
 

DuceTheTruth

No Flexxin No Fakin
Apr 1, 2003
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Did anyone see the lady who went FB Live with her boyfriend who got shot by police in the passenger seat almost 2 hours ago? It looked like he died....I hope not