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11801  DBMA Martial Arts Forum / Martial Arts Topics / Re: Law Enforcement issues on: December 06, 2009, 09:45:33 AM
In the first stage, the "Rookie" Stage, an officer is "shocked" by the world he sees - the violence, the neglect and cruelty toward children. He sees a world that he didn't know existed. The second stage is the "John Wayne" Stage and is marked by an uncertainty as to the "balance" of the badge. The officer is filling a role as he/she understands it. The "tough" image portrayed by the media cops is all that officers may know. The officer may take pride in owning all of the police gadgets. Their communicative style is primarily one of "commanding, ordering and directing." During the third stage, the "Professional" Stage, the officer has a good sense of his/her own identity. No matter how much verbal abuse they encounter, they remain courteous and in control (e.g., responding to an angry motorist he has just ticketed, you might hear, "Well, sir, I am sorry that you are making reference to my mother right now; however, you did go through that stop sign and I am required by law to cite you"). While for appearance's sake, this may seem problem-free, in actuality what's happening is that the officer may be "numbing" his natural emotions. "Dehumanizing" citizens as a coping mechanism will cost the officer in his personal life. Defense mechanisms that help an officer adapt to the job are maladaptive in his/her personal life.

These stages do not necessarily follow a consecutive pattern. Our experience has been that officers can jump from one stage back to an earlier stage. For example, a veteran officer who is in the "Professional" Stage may revert to the "Rookie" Stage upon witnessing a gruesome, traumatic event. We found this in many officers who responded to the Air Florida crash in 1982. The carnage and death they were exposed to that night and during the body recovery days after changed their lives. Many of the officers experienced the "Burnout" Stage which is number four in our model. Anger and contempt for the criminal justice system, the Department, politicians, and the citizens highlight this stage. The officer begins to isolate from family and friends - believing that they do not "have a clue" as to what the world is really like. The fifth and final stage is full-blown "Police Trauma Syndrome®." The individual is no longer able to function effectively as a police officer. This state is characterized by sleep problems, anxiety and/or depression, flashbacks, intrusive thoughts, mood swings, rage attacks, social isolation, and a deterioration in relationships. The officer may consume alcohol or other drugs or experience an escalation in usage. Suicidal thoughts may arise. This condition is far more pervasive than one might think. Sadly, what usually happens, without intervention, is that the officer retires (if he/she can) and disappears into obscurity. We are working very hard to prevent Police Trauma Syndrome®.

JSV: What about the use of deadly force? For example, what do police officers go through after they are involved in a deadly shooting? Does the use of deadly force affect police officers more than other stressors?

BJA: Involvement in a police shooting may be the cataclysm of a police career. When I began working with officers, it was almost unheard of for an officer to be involved in a shooting. It was rare. Now in this city (Washington, D.C.), we average two police-involved shootings a week. There are many factors involved in the event that have to be examined. For example, was the officer injured? How lasting was the injury? Was the officer's partner injured or killed? Was the suspect killed? Who was the suspect - an adolescent, elderly person, a mentally ill person? How grotesque was the shooting? What was the physical proximity of the officer to the suspect? For instance, I remember one officer who told me how the suspect looked at him before he died and asked "why did you kill me?" That is what the officer will remember. Was the officer taken by surprise? For example, one minute the officer was giving directions to a citizen and the next, he has a gun pointed at him. Also, were other people in danger of being killed or injured? Was the use of deadly force appropriate or can the officer be potentially convicted of homicide? There is also the potential for civil liability. What is the officer's coping style? Is there substance abuse? Police officers oftentimes use self-destructive coping mechanisms such as drinking, gambling, workaholism, etc. What was the department's response to the shooting? Were they supportive or punitive? Some departments take an officer, remove his weapons, and place him in the back of the car. Who else goes in the back of the car? Suspects! What is the emotional impact on an officer when this happens? He feels that he must have done something wrong. Another factor that affects officers in the aftermath of a shooting is how the media handles the reporting of the shooting. So often, in their haste to report a story, the media will distort the facts and not usually to favor the police. Officers have a favorite phrase they use to describe the media, "Don't let the truth get in the way of a good story."

Immediately after a police shooting, a quick response by management and mental health personnel is crucial. Counselor support within hours of the shooting as well as follow-up services send a critical message: "You are important to this Department and this community." Follow-up services should also include the family. We have prepared a booklet for officers, officials and family members that discusses how to best manage police critical incidents.

JSV: Recently, in New York, there was a very unfortunate encounter for some police officers involving "Suicide-by-Cop" in which an individual, who apparently wanted to kill himself, pointed a plastic gun at officers and was, subsequently, fatally shot. In your experience, how often does this occur and how do you assist officers who confront such an event?

BJA: This is yet another very sad fact of life for law enforcement officers - one that happens all too often. The kind of individual who uses police officers for his/her own suicide will influence the officer's reaction. Individuals who commit heinous crimes and then precipitate an officer's use of deadly force will evoke a different response from an officer than a depressed adolescent who just wants to die and doesn't have the nerve to do it himself. The natural response for the officer is often one of anger. When a person makes a decision to point a gun at a police officer, that officer must react to protect his life. The public doesn't seem to understand this. Citizens will ask "couldn't you have shot him in the arm?" or "couldn't you shoot the gun out of his hand?" Our job is to help the officer place the responsibility on the person who caused this event. At the same time, we validate the normal feelings that accompany such a tragedy.

JSV: Police officers are often portrayed in the media as the "cool" and "calm," Clint Eastwood-type. In your opinion, what effect does such a stereotype have on officers, if any?

BJA: We have worked very hard to dispel that myth and it seems to be working with our younger officers. With officers on the job ten years or so, you see that macho-mystique portrayed in the Lethal Weapon movies. I remember Mel Gibson taunting the police psychologist in one particular movie after she had voiced concern for him. That image is not helpful for the public or the police. I have yet to meet a cop who has a "make my day" philosophy of policing. However, the rigid, macho mentality that does exist is a barrier to debriefing after a critical incident. In the long run, it makes the officer more vulnerable to the cumulative effects of traumatic exposure.

11802  DBMA Martial Arts Forum / Martial Arts Topics / Re: Law Enforcement issues on: December 06, 2009, 09:42:28 AM

Trauma Response Profile
Beverly Anderson, Ph.D., B.C.E.T.S.

Joseph S. Volpe, Ph.D., F.A.A.E.T.S.
Director, Professional Development

For nearly 20 years, Dr. Beverly Anderson has provided psychological services to law enforcement agencies around the nation. She has consulted on traumatic stress to more than thirty international and national law enforcement organizations. Dr. Anderson has been a featured speaker on Posttraumatic Stress Disorder (PTSD) for Good Morning America, CNN, and dozens of television news stations. She is featured in the Channel 4 News video"Cops Under Fire." She has been invited to present her research on Police Trauma Syndrome® to several organizations and groups including the International Society for Traumatic Stress Studies. Dr. Anderson is the Clinical Director and Administrator of the Metropolitan Police Employee Assistance Program in Washington, D.C. Moreover, she is President of The American Academy of Police Psychology, an organization that is dedicated to addressing the unique concerns and stressors of the law enforcement community. Dr. Anderson is a Diplomate of The American Academy of Experts in Traumatic Stress and the Academy is privileged to have her serve on the Board of Scientific & Professional Advisors.

JSV: I know that you have been very committed to providing psychological services to law enforcement agencies for almost 20 years. Can you tell me about the positions that you currently hold?

BJA: I am the founding Clinical Director and Administrator of the Metropolitan Police Employee Assistance Program and have been since 1988. This program is unique in that it is a joint union-management approach to addressing the serious stress-related problems that are a direct result of policing. I do not work for the Police Department or the City. My contract is with the Fraternal Order of Police Labor Committee. The best part about this independence is that it ensures confidentiality. The records belong to me as a private clinician which facilitates trust in those whom we assist. We have 3,500 officers in the Washington Metropolitan Police Department. We are not an employee assistance program in the true sense. We are actually a long-term services program and provide individual therapy, family therapy, marital therapy, play therapy, and various group therapies including Veteran officers groups, alcoholism prevention and relapse groups, and weekly critical incident debriefing groups. With regard to this latter point, we have an average of two police-involved shootings per week. Subsequently, we have ongoing debriefings. Our police department must contend with one of the highest murder rates in the United States for a city of our size. Moreover, we have one of the highest rates of ambushes and unprovoked attacks on police officers in the nation. There is a lot of gang violence, drug-related problems and the like. We have a situation here that demands all of the emotional resources of the force. We also do a lot of training. The foundation of our comprehensive program is based on training. We have a critical incident program that begins with the recruits in the police academy and involves family members. We are on call 24 hours a day. In fact, just this morning at 1:30am, I was paged to a police-involved shooting and had to go to the Homicide Division. I sat with the officer to assist with what is best referred to as defusing. This involves debriefing the officer after the shooting and then for six mandatory meetings within three months of the shooting. We are also engaged in research. We have done work with Dr. Frank Putnam from the National Institute of Mental Health on Secondary Post-traumatic Stress Disorder in the children of police officers. We are still compiling data. In working with police families over the years, we have noted a preponderance of symptoms in the children to include hyperactivity and attentional problems. I believe that this is a direct result of experiencing the effects of parental exposure to trauma.

JSV: As you are aware, The American Academy of Experts in Traumatic Stress is a multidisciplinary organization comprised of professionals from over one hundred forty specialties. Many of these individuals respond on the "front lines" of risk and, at times, danger which are significant stressors. How does law enforcement stress differ from other occupational groups such as firefighters and Emergency Medical Technicians (EMTs)?

BJA: The first thing that comes to my mind is the public response to firefighters and EMTs. For the most part, it is a very positive response when compared to the police. Think of being stopped by a police officer for speeding, for example, and you think that you are going to get a ticket. One of the first things that you may do is try to get out of it, be nice, or lie. The public mind set toward the police officer seems to be more negative. Although there is a clear danger potential in all of these groups, the danger is different for police officers. As the level of violence in this country escalates, the echos of that violence reverberate throughout the police community. Unprovoked attacks on police officers are at an all-time high. Just a year ago, D.C. Master Patrol Officer Brian Gibson sat in his patrol car at a stop light and was shot execution style by a young man who was put out of a local night club by a police officer. Another example is Officer Wendall Smith who was exiting his vehicle after returning home from his evening shift. When the attackers saw that he was a police officer, they shot and killed him. In 1995, Scot Lewis was shot in the head and killed by a passerby while Officer Lewis and his partner were assisting a hearing-impaired person. The assailant then turned the gun on Scot's partner, Officer Keith Deauville who returned fire, fatally wounding the attacker. In these situations, the danger is not obvious and you don't know who is going to attack you. The police officer always has to be ready. That is why officers have what I call "cop-face" (the need to be hypervigilant). They have "cop-face" because they never know (when they have to move into action). The unpredictability of the job of policing is an added stressor. This means that the stress hormones need to remain elevated at some level (recall the General Adaptation Syndrome). The police officer is always looking for what is "wrong" in the picture. Shift work and midnight duties are common to other professions but the unpredictability and the violence make police work unique. You can add to this, a revolving-door justice system, with the person you locked up today, back on the street tomorrow. A police officer also has to contend with mixed messages from police administration. On one hand they are told to lock-up and arrest those involved with crime and, on the other hand, always remain professional while doing it. There is public scrutiny of police work, and at times, media misrepresentation of events. There is always a threat of civil law suits. There is significant stress associated with the use of deadly force - having to kill another human being. I have yet to meet an officer who is emotionally ready to kill another human being. Many officers say that the first thing that came to mind after they fired the fatal bullet was "Thou shall not kill." All of these stressors make police work different from other professions. Of course, the on-going, day-to-day exposure to murders, assaults, rapes, child abuse, domestic violence and "man's inhumanity to man" intensifies this stress-related burden.

JSV: What is the most significant stressor for police officers?

BJA: If you ask a police officer about the most significant stressor of policing, they often report "police administration." However, the nightmares they experience are not about administration. These nightmares are about the use of deadly force, shooting their guns, and being shot. It becomes apparent that the most considerable stressor is the constant exposure to trauma, especially over prolonged periods of time. However, problems regarding "police administration" are very real for officers and sometimes constitute the "second wound." Officers expect that the public and the media will mistreat them; they don't expect betrayal from the very organizations they risk their lives for every day.

JSV: This is quite consistent with combat veterans who serve multiple tours of duty.

BJA: This is absolutely correct and I think that you bring something out that is so much a part of the police experience. Without minimizing the trauma of combat, consider the following. During wartime, soldiers go to a foreign land, and are likely to remain there for six months to a year. Police officers are likely to see twenty years of peacetime combat, in their own country where they do not always know who the enemy is. The enemy could be anybody.

JSV: What is "Police Trauma Syndrome®" and why do you think that it has taken so long for its wrath to be examined in the trauma literature? What are the stages leading to this syndrome?

BJA: Police Trauma Syndrome® is a diagnostic term that I authored several years ago to depict the cluster of symptoms many police officers suffer as a direct result of the job of policing. It is now a registered trademark. In diagnosing trauma-related disorders with police officers, we have found great difficulty with the criteria set forth in both the DSM-III and DSM-IV (Diagnostic and Statistical Manual of Mental Disorders). It has been problematic for us to use the DSM-III or DSM-IV criteria for police officers because they typically do not fit into the Posttraumatic Stress Disorder (PTSD) criteria per se. A police officer can witness, inside of one week, more trauma than most people see in a lifetime. Not only is it qualitatively different but also, quantitatively different. They see so much trauma. If you examine the first of the DSM-IV criterion (for PTSD), it states that the person's response to the event must involve intense fear, helplessness, or horror. Police officers are more often than not, the first responders to a scene. They have been tuned to dissociate from their emotions or suppress their emotions in order to be able to endure the scene. Theoretically, in most cases, police officers would not fulfill this first criterion. They are trained to respond behaviorally (not emotionally). Also, we tend to see a biphasic response which oscillates between anger or intrusive thoughts and numbing. We see extremes in their responses. This does not imply that police officers get used to being exposed to trauma, because we know that this is not the case. Chronic, long-term and cumulative stress takes its toll on police officers. When we talk about the issue of police brutality, it becomes clearer that the effects of such stress will come out one way or another. Police Trauma Syndrome® can result after a single, catastrophic event such as when an officer witnesses his partner being killed, and then having to defend his own life perhaps by killing the assailant. This could precipitate full-blown PTSD or Police Trauma Syndrome® in an officer. On the other hand, after years of traumatic exposure, Police Trauma Syndrome® can be triggered by an incident that is not immediately life-threatening, like the following incident.

A veteran officer with young children at home got a call to respond to an unconscious person. Well, what do you think of when you hear "unconscious person" - a street person, a person who is intoxicated, a stroke or heart attack victim? There is not too much warning in these situations. The officer goes into an apartment and there he finds an eight-month-old baby with a core body temperature of 106 degrees. He immediately begins mouth-to-mouth resuscitation because the baby is not breathing. The baby vomits sour milk into the officer's mouth. The ambulance finally gets there and the baby is taken to the hospital and dies. No one tells the officer what the baby has died of. He doesn't know if the baby is HIV positive, has meningitis, or is contagious! No one will talk with him because there has not yet been an autopsy. He goes home. Can he touch his children? He cannot look at his young baby without having intrusive thoughts and overwhelming feelings about the baby who had just died. In this case, the officer had an acute reaction and this triggered memories of other experiences and he was in a full-blown crisis. Another example is the veteran officer who had been on the scene of many suicides over the years. On one particular occasion, he began to tremble and hallucinate, and he experienced panic symptoms, etc. This was a person with 22 years on the force! There are so many factors involved. The important thing to convey about Police Trauma Syndrome® is that when a clinician sees this term, consider that the individual is suffering from events experienced primarily on the job. It is a direct result of the occupation of policing. Our veteran officers group has identified several stages leading to full-blown Police Trauma Syndrome®. (This group has been meeting for four years and is comprised of officers with 17 years or more on the Department. They have all been high achievers on the job but have paid a price emotionally). They have defined a five-stage model.
11803  DBMA Martial Arts Forum / Martial Arts Topics / Re: Law Enforcement issues on: December 06, 2009, 09:16:34 AM

A little insight into the dangers related to traffic stops for those of you that haven't done the job.
11804  DBMA Martial Arts Forum / Martial Arts Topics / Re: Law Enforcement issues on: December 06, 2009, 09:12:30 AM
No apology-Ever.  The one that really screw up are usually swept under the rug.

**Really? Please cite an example and how you know this to be true.**
  I am thinking of the incident in Henderson, NV over a ticket on an ice cream truck.......... 

**Were you there? Did you see the shooting? What's your training in the realm of use of force by law enforcement? What do you base your opinion on?**

Apparently Seattle has had a few "rep enhancing" incidents too.  **Right. Again, please explain your source of information and training and experience on the topic of use of force and officer survival.**

 There is a habit of no apology, no admittance of a mistake, and no repair/ revision of policy moving forward.   It is not all the police's fault, shysters have some fault too, but there seems to be an increasing lack of accountability. **Seems, to your untrained, uninformed opinion.** 

Maybe that is a perception pushed by the press, but that is what is generally out there. **Bingo! You finally get to a bit of truth there.**

There is an incident Near Duluth, MN where a man was arrested for tresspassing on his own property.  There is a pileline right of way that was negotiated under certain terms by his father.  This guy was talking with the construction folks who were just rolling thru his property against the agreed term.  The contruction folks called the cops..........The Cops violated his rights and arrested him.  Wonderful judgement there.  The site won't allow a direct link- the picture of the guy dressed in hunting orange.

**I wasn't there, neither were you. If the arrest wasn't lawful, the arrestee will be getting a big check, most likely.**
11805  DBMA Martial Arts Forum / Martial Arts Topics / Re: Law Enforcement issues on: December 05, 2009, 10:41:00 PM
Uhhhhh..... How much do you actually remember from that period of your life?  grin
11806  DBMA Martial Arts Forum / Martial Arts Topics / Re: Law Enforcement issues on: December 05, 2009, 10:21:59 PM
Street Survival Insights
with Dave Smith 

When insanity rules and 'understanding' trumps condemnation
I don’t like to write when I’m mad, but I have just been reading the details about the four murdered peacekeepers in Washington state; that’s right my lame-brained academician friends who no doubt will celebrate our loss as a blow for the “workers” of “Amerika,” they were peacekeepers!

Related Articles:

4 officers shot dead in Wash. coffee shop 'ambush'
Manhunt continues, motive unknown in Wash. coffeehouse ambush

Although several other cities are vying for the title, one could easily argue that the epicenter of left-wing insanity is the Seattle metro area. The Seattle area’s “National Night Out Against Police Brutality” resulted in four police vehicles being bombed by a fellow who later ambushed two officers killing one and wounding the other. According to reports, the four crimefighters sitting at a table in Lakewood, Wash. were assassinated as they sat working on their computers while their marked squad cars sat outside. For those of you not familiar with this beautiful Seattle suburb it is a model of diversity, compassion, and understanding!

“Understanding.” That is the element that will take centerstage in the mainstream press — it always does when an evil dirt bag kills cops or military personnel. We will delve into the background of the miscreant and find the social evil in our capitalist hell that triggered this act against the establishment. Just as the Fort Hood shooter has been labeled everything from dysfunctional to frightened to victimized (everything but being labeled the evil terrorist that he was), the implied blame ends up not at the feet of the bad actor but on our society as a whole.

Whenever possible, the act is also to be projected onto anyone who questions the “Workers Paradise” of social planning ideas. Thus the Church, the radio host, the former Speaker, all become principles in the crime. Thus for the social programmer, killing cops and military personnel becomes an intellectual exercise in blame with a duplicitous media happy to torture logic into submission as well. After graduating from Arizona with a degree in Political Science in the height of the Viet Nam self-flagellation era, I was amazed that there were any thinkers we call Conservative on the staff at all but there were a few.

The Left was busy even then planning a revolution and I remember deputies and officers bringing heavier firepower than we were issued to work on the July 4th, 1976. We had intelligence briefings that such left wing groups as the Weather Underground, Students for a Democratic Society, and others had stockpiled weapons and bombs and were coming for us, the cops, first. It was no fictional fantasy and young crime fighters need to understand that bombs did kill us back then and police stations were attacked and open revolt was constantly being promoted by such insanely violent radicals as Bernadette Dorn and Bill Ayers.

Bombs still kill us today, and multiple police killings attest to the threat of both the Left and Right Wing extremists but the Right Wing killers are immediately and properly condemned, reviled by all. But soon their crime is projected onto all who believe in such radical ideas as a God, guns, and religion! We will “understand” all others. The bombers of the Sixties and Seventies have become tenured heroes, Chicago Citizens of the Year, and close associates of some of our nation’s most powerful. Where the hell are the “question authority” t-shirts now? I have, however, seen a multitude of Che Guevara shirts and posters over the last year and when a mass murdering physician can become an academic icon we have lost our collective minds.

What are we to do? We are to stand vigilant, which means “awake” in Latin. We must maintain a vigil and continue to hunt for those who would hurt us and the innocent. We need to think like we did in the Seventies, not paranoid, but on watch. It is time to post a lookout, not just metaphorically but physically, someone always stands watch. Sit and park with your back to the wall. I was taught to put my gun in my lap when a vehicle suddenly drove up to mine…what were you taught? What do you practice? What do you actually do?

America’s political class, especially those whose constant lamentation about the police are featured on our propaganda-spewing media, must speak out against this violence; for a people in fear are not free, and the first step in destroying that security is targeting the warriors who make the streets safe. One only needs to look at the horrific losses of the Iraqi police to see where chaos reigns and thrives. I would remind us all of our own history and how cries of “kill the pigs” rang out throughout the late Sixties and Seventies as the first step in a more “just, fair, and moral society,” but our history is being properly corrected to match the model of self-loathing that fits today’s academia and urban political class.

America is a unique social experiment, a nation based not on ethnicity, tribe, clan, or religion, but on a collective idea. Learn our history, celebrate our freedoms, protect the innocent, hunt evil, and speak out for what you believe. We suffer a terrible loss again, in a year of terrible losses and I hope this nation can unite in revulsion of these acts and reverence for the sacrifice of these brave men and women. It is the very sense of who we are as a people that is at risk when we no longer celebrate the warriors, no longer remember the sacrifice, no longer condemn the evil. It is time to stop “understanding” and start condemning. If evil has no social stigma, if it is simply understood, prepare for more.

Tell this to the people. I know you already understand...


As a police officer, Dave Smith has held positions in patrol, training, narcotics, SWAT, and management. Dave continues to develop new and innovative programs across the spectrum of police training needs designed to assist your agency and your personnel in meeting the challenges of policing in the new millennium. As a trainer, speaker, and consultant Dave brings with him unparalleled access to modern law enforcement trends. He is currently the senior Street Survival Seminar Instructor and Director of Video Training for PoliceOneTV. Visit Dave's website at
11807  DBMA Martial Arts Forum / Martial Arts Topics / Re: Law Enforcement issues on: December 05, 2009, 10:17:28 PM

Slain Wash. officers respected for careers, family life
By Jack Broom, Lynda V. Mapes, Bob Young and Susan Kelleher
Seattle Times

The four victims of Sunday morning's shooting were veteran officers who brought a range of talents to the fledgling Lakewood Police Department when it was created in 2004, according to Lakewood Police Chief Bret Farrar.

"This is a very difficult time for our families and our officers," he said. "Please keep our families and Lakewood Police in your prayers."

The slain officers "all have been outstanding professionals," he added.
11808  DBMA Martial Arts Forum / Martial Arts Topics / Re: Law Enforcement issues on: December 05, 2009, 10:04:27 PM

A good primer on law enforcement and the use of force.
11809  DBMA Martial Arts Forum / Martial Arts Topics / Re: Law Enforcement issues on: December 05, 2009, 07:53:20 PM
Traffic stops always a danger for officers
0 Comments | Gazette, The (Colorado Springs), Dec 6, 2006 | by CARY LEIDER VOGRIN THE GAZETTE
There is no such thing as a "routine" traffic stop, say police officials and law enforcement organizations.

"Statistically, traffic stops and domestic disturbances are far and away the most dangerous things police officers do," said Jim Pasco, executive director of the Washington, D.C.-based Fraternal Order of Police, a police labor organization with 334,000 members.

"You have no idea who's in the car or what that person might have done, how they might be armed," Pasco said.

Officers stop thousands of cars each year. The 60 patrol deputies in the El Paso County Sheriff's Office issued about 17,500 traffic citations in 2005, said Lt. Clif Northam, spokesman for the department. This year, an estimated 18,000 have been written. Statistics for the Colorado Springs Police Department were not available Tuesday.

Police procedures involving traffic stops might vary slightly from department to department, but Richard Ashton of the International Association of Chiefs of Police, also in Washington, said there's one rule all officers must follow: Never be complacent under any circumstances.

"They should be thinking they want to go home safely tonight," said Ashton, who has a 33-year law enforcement background -- 24 of them as a police chief in Maryland.
11810  DBMA Martial Arts Forum / Martial Arts Topics / Re: Law Enforcement issues on: December 05, 2009, 11:41:19 AM
Was that when you were going to or coming from Woodstock?  wink
11811  DBMA Martial Arts Forum / Martial Arts Topics / Re: Law Enforcement issues on: December 05, 2009, 11:15:52 AM
Have I enjoyed a traffic stop? I've been on both sides.

Is your skin so thin that getting stopped is offensive?
11812  DBMA Martial Arts Forum / Martial Arts Topics / Re: Law Enforcement issues on: December 05, 2009, 10:29:57 AM
Right. You know this how?
11813  DBMA Martial Arts Forum / Martial Arts Topics / Re: Law Enforcement issues on: December 05, 2009, 08:55:04 AM

The war on cops
By Michelle Malkin  •  December 4, 2009 09:22 AM Maurice Clemmons had many enablers — starting in Arkansas with clemency-crazy Mike Huckabee and stretching to Washington state where he was surrounded by people who witnessed his threats against law enforcement and did nothing to stop the Lakewood PD massacre. This week, police charged four family and friends with aiding him and plan to indict two more. My column today steps back and looks at the past year of violence against police officers and the cultural war that has been waged against them for the past several decades. The Left has a popular mantra: “Stop the hate.” Why don’t they start applying it to the men and women who protect and serve?


The war on cops
by Michelle Malkin
Creators Syndicate
Copyright 2009

Faces of the fallen: Sgt. Mark Renninger, 39; Officers Ronald Owens, 37; Tina Griswold, 40; Gregory Richards, 42.

The Left’s police-hating chickens are coming home to roost. While partisan liberals have gone out of their way to blame conservative media and the Tea Party movement for creating a “climate of hate,” they are silent on the cultural and literal war on cops that has raged for decades – and escalated tragically this year.

The total number of law enforcement officers shot and killed this year is up 19 percent over last year, according to the Christian Science Monitor. More officers have died in ambush incidents this year than any other since 2000. The Lakewood, Washington massacre on Thanksgiving weekend claimed the lives of four dedicated officers getting ready for work at a coffee shop Sunday morning. Maurice Clemmons – the violent career thug who received clemency from former Arkansas GOP governor Mike Huckabee and benefited from fatal systemic lapses in the criminal justice system – had many other enablers.

Clemmons had told numerous friends and family members to “watch the TV” before the massacre because he was going to “kill a bunch of cops.” The witnesses did worse than nothing. Several have been arrested for actively aiding and abetting Clemmons – with shelter, food, money, and medical aid — before he was discovered in Seattle early Tuesday morning and shot after threatening a patrol officer investigating Clemmons’ stolen vehicle.

A militant online group called the National Black Foot Soldier Network celebrated Clemmons as a “Crowned BOW (Black on White) Martyr” and dubbed the Lakewood ambush a “preemptive strike on terrorists.” It wasn’t the only chilling propaganda cheering black-on-white police murders in the Pacific Northwest this year.

 Just three weeks before the Lakewood, Wa., massacre, the region endured another police attack. Suspect Christopher Monfort was arrested last month in the targeted shooting death of Seattle Police Department Officer Timothy Brenton and the wounding of his partner Britt Sweeney. Monfort had written diatribes against law enforcement harping against white policemen.

The leader of a Seattle hip-hop/punk band commemorated the assassination with a t-shirt depicting Monfort’s face splattered with blood and overlaid with a Seattle Police Department badge under the slogan “Deliver Us From Evil.” The other side of the shirt read “most of my heroes don’t appear on no stamp.”

From where does the deadened and deadly callousness toward the thin blue line come?

How about years of cop-bashing rap from NWA’s “F**k tha Police” and Ice-T’s “Cop Killa” to Dead Prez’s “Police State” (“I throw Molotov cocktails at the precinct”) and The Game’s “911 is a Joke” (I ought to shoot fifty one officers for the fifty one times that boy was shot in New York”)?

Try the glamorization of poisonous anti-police domestic terrorist groups like the Weather Underground and the Black Panthers. Add in the mainstreaming of anti-police demagogues Jesse Jackson and Al Sharpton (whose ex-wife and daughter were arrested last week after verbally abusing a Harlem cop and resisting arrest after running a red light). And toss in the global glorification of Death Row cop-killers Stanley “Tookie” Williams and Mumia abu Jamal by the Hollywood elite.

It is, in my mind, no coincidence that another of 2009’s bloodiest multiple-police shootings took place in Oakland – a hotbed of black nationalism/Free Mumia radicalism that gave us the likes of Angela Davis, Huey Newton, and Obama green jobs czar-turned-liberal think tank fellow Van Jones (whose “creative” activism and “energy” in the Bay Area won senior White House adviser Valerie Jarrett’s heart). Four Oakland officers went down and one was injured when a convicted felon ambushed them during a routine traffic stop. Nearly 20,000 law enforcement officers and supporters from around the country filled a memorial event for the fallen.

President Obama — Chicago pal of police-targeting Weather Underground terrorist Bill Ayers and the convener of the national beer summit to indulge his race-baiting, police-bashing Harvard professor friend Henry Louis Gates — did not attend the service.
11814  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Issues in the American Creed (Constitutional Law and related matters) on: December 04, 2009, 09:15:41 AM
I really don't know the legislative remedy for that.

The used hard drive line was funny, btw.  grin
11815  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Issues in the American Creed (Constitutional Law and related matters) on: December 04, 2009, 12:37:58 AM
Tweakers and other vermin love people that don't shred using a crosscut shredder. Buy a good one and USE it before you get a harsh lesson in identity theft.
11816  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / There Is No Freedom Without Law on: December 03, 2009, 01:56:56 PM

There Is No Freedom Without Law
posted at 4:08 pm on November 5, 2009 by Doctor Zero

Senator Roland Burris (D-Illinois) was recently asked by CNS News to specify which part of the Constitution authorizes Congress to legally compel individuals to purchase health insurance, a key component of the last dozen versions of the twelve hundred page ObamaCare proposal. Burris replied:
“Well, that’s under certainly the laws of the–protect the health, welfare of the country. That’s under the Constitution. We’re not even dealing with any constitutionality here. Should we move in that direction? What does the Constitution say? To provide for the health, welfare and the defense of the country.”
This is not a new sentiment. Burris is stating one of the core principles of American liberalism: the belief that the Constitution lays out a series of general directives, rather than imposing specific restrictions on the power of government… as if “promote the general welfare” and the interstate commerce clause were deliberately written into the Constitution as secret ingredients that would vaporize the rest of the document and give the government unlimited power, once some future generation of clever liberals combined them.
Many conservatives respond to the occasional RINO stampede, such as the one which tore through New York congressional district 23 in the recent special election, by suggesting the Republicans should advance a solid conservative platform, and require all candidates to swear allegiance to it. I understand this desire, but I’ve always been uncomfortable with the notion of threatening candidates with excommunication, unless they agree to support a list of positions stapled to their foreheads.  We should all be able to come together around the defense of the Constitution, however. We need no other set of principles to guide us in repairing the damage of the past century. If the government is not restrained by loyalty to the Constitution, then its citizens are not free.
Freedom cannot exist in the absence of law. People living in a state of anarchy are not free. They live under the random tyranny of any warlord, gang, or predator who can overpower them. They also live within the prison of their own distrust for their fellow men. A code of clear, fairly administered laws enhances our ability to trust, and cooperate with, people we don’t know personally. Of course, laws restrict our actions, by punishing us for engaging in illegal activities… but they also enhance our freedom, by allowing us to work more easily with each other, and trade with confidence.
You submit to a fairly involved code of laws, backed up by steep financial penalties and the threat of deadly force, every time you climb into your car. Those very same laws make it possible for you to drive long distances quickly and easily – compared to foot or horse travel, anyway. Without those laws, the fast-moving and complex system of roads and highways would become so deadly that everyone would be afraid to use them.
This same principle applies to government. A lawless government is a tyranny, and its citizens are not free. It doesn’t matter if the lawless state was reached through a brutal thirst for power, or high-minded compassionate ideals. We wouldn’t indulge reckless defiance of the traffic laws by someone in a mad rush to make a large donation to the local Salvation Army chapter. Even ambulance drivers are expected to obey certain rules of the road, and would not be allowed to run down pedestrians in their race to the local emergency room.
Government cannot derive its legitimacy entirely from the approval of a democratic majority, as asserted by the demand that President Obama should be granted virtually limitless power over the lives of American citizens because he won the last election. This would be no less offensive to liberty if Obama had won with seventy, eighty, or ninety percent of the popular vote, instead of 52%. The need to assemble majority support cannot be the sole limit on the power of the State. If the male castaways of “Gilligan’s Island” decide to hold a purely democratic vote to enslave the women, then Mrs. Howell, Ginger, and Mary Ann are in deep trouble.
Some Democrats have responded to the Tea Party movement by whining that noisy minorities should not be allowed to interfere with governance. These are the same people who assert the power to nationalize the health insurance industry because 20, 30, or 47 million people lack adequate insurance. Freedom cannot be reduced to a struggle between whichever noisy minority puts on the biggest demonstration in Washington D.C. How much time, energy, and money has already been expended, fighting over a gigantic, ever-changing health care bill that never should have existed in the first place?
A strict adherence to the Constitution would “promote the general welfare” far more effectively than any program cobbled together in the back rooms of Congress, by saving us the waste of money and passion expended in arguing about those programs. A properly respected Constitution would be a peerless tool for bringing people together, because it would prevent government from tearing them into warring factions by offering fabulously expensive benefits to some, at the expense of others. It would reduce the level of anger and venom in our society, because no one would have to fight a desperate last-ditch battle to preserve his liberty in the voting booth. It would improve the civic pride of citizens, by giving them meaningful input into local policies, instead of demanding they submit to the agenda of distant politicians they will never be allowed to vote against, from states they might never even visit.
For too long, the Left has interpreted the Constitution as an ever-expanding warrant for the arrest of all those who dissent from its agenda. The glorious truth of that incredible document is exactly the opposite: it was designed to restrain the central government, with chains equally impervious to threats and pleading. A just government has very few laws its citizens cannot change by voting locally, or escape by moving to a different state. It cannot require the level of trust that free citizens extend only to each other. Reasoned deliberation can never involve blind votes on thousand-page bills written last week.
The Founding Fathers gave their descendants a luminous gift: a set of laws that transform a potentially tyrannical State into a mighty champion of liberty. Those laws are written on a sheet of antique parchment, which can be easily ignored by fallible men… unless other men have the courage and discipline to hold it up, and insist it be obeyed. That’s a job that every strain of conservative should be eager to rally around. Slicing our bloated, delusional government back down to something in line with the Constitution would be the work of a lifetime… and we’ve only got a few years to get it done, before its heart gives out, and we are crushed beneath it. If the Declaration of Independence was a challenge to foreign conquerors, then the Constitution is a challenge we issue to ourselves. Both documents await the signature of anyone who expects my vote.
11817  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Issues in the American Creed (Constitutional Law and related matters) on: December 03, 2009, 01:43:55 PM
FOURTH AMENDMENT [U.S. Constitution] - 'The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.'

To pass muster under the Fourth Amendment, detention must be 'reasonable. ' See U.S. v. Montoya de Hernandez, 473 U.S. 531, 542-44 ('85) (analyzing constitutionality of length of traveler's border detention under Fourth Amendment reasonableness standard); Caban, 728 F.2d at 75 (considering whether duration of border detention without a hearing was reasonable).

In the context of a criminal arrest, a detention of longer than 48 hours without a probable cause determination violates the Fourth Amendment as a matter of law in the absence of a demonstrated emergency or other extraordinary circumstance. See County of Riverside v. McLaughlin, 111 S.Ct. 1661, 670 ('91). However, the Supreme Court arrived at this rule by considering the time it takes to complete administrative steps typically incident to arrest. See id.

Unreasonable Searches And Seizures.

Non-consensual extraction of blood implicates Fourth Amendment privacy rights. Skinner v. Railway Labor Executives' Ass'n, 489 U.S. 602, 16 ('89) ('this physical intrusion, penetrating beneath the skin, infringes [a reasonable] expectation of privacy'); Schmerber v. California, 384 U.S. 757, 67 ('66) (compulsory blood test 'plainly involves the broadly conceived reach of a search and seizure under the Fourth Amendment').' '[f]or the Fourth Amendment does not proscribe all searches and seizures, but only those that are unreasonable.' Skinner, 489 U.S. at 619; accord Vernonia School Dist. 47J v. Acton, No. 95-590, 1995 WL 373274, at *3 (June 26,'95) ('the ultimate measure of the constitutionality of a governmental search is `reasonableness''). A search's reasonableness under the Fourth Amendment generally depends on whether the search was made pursuant to a warrant issued upon probable cause. U.S. v. Place, 462 U.S. 696, 701 ('83).

Even in the law enforcement context, the State may interfere with an individual's Fourth Amendment interests with less than probable cause and without a warrant if the intrusion is only minimal and is justified by law enforcement purposes. E.g., Michigan State Police Dept v. Sitz, 496 U.S. 444, 450 ('90); Terry v. Ohio, 392 U.S. 1, 20 ('68).

The gathering of fingerprint evidence from 'free persons' constitutes a sufficiently significant interference with individual expectations of privacy that law enforcement officials are required to demonstrate that they have probable cause, or at least an articulable suspicion, to believe that the person committed a criminal offense and that the fingerprinting will establish or negate the person's connection to the offense. See Hayes v. Florida, 470 U.S. 811, 813-18 ('85); Davis v. Mississippi, 394 U.S. 721, 726-28 ('69).

Nevertheless, everyday 'booking' procedures routinely require even the merely accused to provide fingerprint identification, regardless of whether investigation of the crime involves fingerprint evidence. See Smith v. U.S., 324 F.2d 879, 882 (D.C. Cir.'63) (Burger, J.) ('it is elementary that a person in lawful custody may be required to submit to . . . fingerprinting . . . as part of the routine identification processes'); Napolitano v. U.S., 340 F.2d 313, 314 (1st Cir.'65) ('Taking fingerprints [prior to bail] is universally standard procedure, and no violation of constitutional rights.'). Thus, in the fingerprinting context, there exists a constitutionally significant distinction between the gathering of fingerprints from free persons to determine their guilt of an unsolved criminal offense and the gathering of fingerprints for identification purposes from persons within the lawful custody of the state.

Although the drawing of blood from free persons generally requires a warrant supported by probable cause to believe that a person has committed a criminal offense and that his blood will reveal evidence relevant to that offense, see Schmerber, 384 U.S. at 768-71; U.S. v. Chapel, ___ F.3d ___, slip op. at 5753-54 (9th Cir.'95) (en banc), the absence of such a warrant does not a fortiori establish a violation of the plaintiffs' Fourth Amendment rights.

The Supreme Court has noted repeatedly that the drawing of blood constitutes only a minimally intrusive search. Skinner, 489 U.S. at 625 (blood tests do not 'infringe significant privacy interests'); Winston v. Lee, 470 U.S. 753, 62 ('85) (not 'an unduly extensive imposition'); Schmerber, 384 U.S. at 771 ('commonplace'); Breithaupt v. Abram, 352 U.S. 432, 36 ('57) ('routine' and 'would not be considered offensive by even the most delicate').

'An essential purpose of a warrant requirement is to protect privacy interests by assuring citizens subject to a search or seizure that such intrusions are not the random or arbitrary acts of government agents.' Skinner, 489 U.S. at 421-2 (holding that a warrant was not required in part because 'in light of the standardized nature of the tests and the minimal discretion vested in those charged with administering the program, there are virtually no facts for a neutral magistrate to evaluate'). The Supreme Court recently reaffirmed and expanded the principle first enunciated in Skinner, stating that, in some contexts, 'testing based on `suspicion' of [wrongful activity] would not be better, but worse' than suspicionless testing. Acton, 1995 WL 373274, at *8. In Acton, the Supreme Court upheld as constitutional a school district's practice of conducting random, suspicionless urine testing of school athletes for drug use. The Court rejected the proposition that the school district could conduct such testing only if school officials had suspicion that a specific athlete was using drugs, holding that this alternative 'entails substantial difficulties -- if it is indeed practicable at all.' Id. Accusatory drug testing would 'transform[] the process into a badge of shame' and would increase the risk that school officials would impose testing arbitrarily upon disfavored, but not drug-using, students. Id.

Except in certain narrowly limited cases, the Court repeatedly has stated its 'insist[ence] upon probable cause as a minimum requirement for a reasonable search permitted by the Constitution.' Chambers v. Moreny, 399 U.S. 42, 51 ('70). Because '[t]he integrity of an individual's person is a cherished value in our society,' searches that invade bodily integrity cannot be executed as mere fishing expeditions to acquire useful evidence: 'The interests in human dignity and privacy which the Fourth Amendment protects forbid any such intrusions on the mere chance that desired evidence might be obtained.' Schmerber, 384 U.S. at 772, 769-70.

Only when law enforcement faces an exigent circumstance, such as a need to preserve evanescent blood alcohol evidence, and has probable cause to link the sought-after information to a crime under investigation is it constitutional to conduct nonconsensual blood testing without a warrant. Id. at 770-71. Therefore, forced extraction of blood not only 'implicates the Fourth Amendment,' as the majority notes, but also falls squarely within the area of privacy interests for which the traditional probable cause requirement determines reasonableness in the law enforcement context. Forced blood extraction intrudes on the private personal sphere and infringes upon an individual's 'most personal and deep-rooted expectations of privacy.' Winston v. Lee, 470 U.S. 753, 60 ('85).

Searches Involving Intrusions Beyond The Body's Surface.

Schmerber v. California, 384 U.S. 757, 69 ('66). The Schmerber Court posed two questions: (1) whether the police were justified in imposing a nonconsensual blood test and (2) whether the procedures themselves were reasonable. Id. at 768. In answering the first question, the Court recognized that it was 'writ[ing] on a clean slate' regarding the treatment of searches that involve intrusions into the human body. Id. at 767-8. It concluded that such searches require probable cause. Id. at 770-1.

Similarly, the Supreme Court in Winston v. Lee, 470 U.S. 753 ('85), recognized that Schmerber's threshold standard was a requirement of probable cause 'where intrusions into the human body are concerned,' which implicate 'deep-rooted expectations of privacy.' Id. at 761, 760. The Winston Court then acknowledged `other factors'' eyond these standards' that must be considered in determining whether a particular intrusion is reasonable: whether 'the procedure threatens the safety or health of the individual' and 'the extent of the intrusion upon the individual's dignitary interests.' Id. at 761 (emphasis added). In regard to the additional 'dignitary' factor (beyond the threshold inquiry of invasion of bodily integrity), the Winston Court noted Schmerber's recognition that blood extraction is not 'an unduly extensive imposition.' Id. at 762. The Court contrasted this lesser bodily invasion, which the Schmerber Court had upheld upon demonstration of probable cause, with the more drastic measure of dangerous surgery to recoup criminal evidence, which the Winston Court concluded would violate the individual's Fourth Amendment rights even when supported by probable cause. Thus again, the context of the quotation demonstrates that the Court places blood extraction squarely within the probable cause requirement because it is an invasion of bodily integrity, while at the same time acknowledging that it is a less extensive imposition on dignitary interests than surgical removal of a bullet.

Investigatory Stops Of Motorists At Sobriety Checkpoints.

The unique situation in which the Supreme Court has approved suspicionless searches in the traditional law enforcement context. See Michigan Dep't of State Police v. Sitz, 496 U.S. 444 ('90). The Sitz Court relied on well-settled law that motorists have a lessened expectation of privacy regarding stops and visual searches of automobiles on the nation's roadways. Id. at 450 (explaining the importance of the context of 'police stops of motorists on public highways'). At these sobriety checkpoints, which motorists may choose to avoid, only the initial brief stop and preliminary questioning may take place without individualized suspicion: 'more extensive field sobriety testing' requires justification. Id. at 450-2.

Like the highway sobriety checkpoints, the 'special needs beyond normal law enforcement' rationale supports searches on lesser grounds than probable cause only in a very few, carefully tailored regulatory contexts that do not involve apprehension of criminal perpetrators. See, e.g., National Treasury Employees Union v. Von Raab, 489 U.S. 656, 65-66 ('89) (applying the special needs exception to suspicionless quasi-consensual drug testing of Customs Service employees seeking transfer to positions having a direct involvement in drug interdiction).

The special needs exception covers testing which 'is not designed to serve the ordinary needs of law enforcement [because] . . . results may not be used in criminal prosecution.' Von Raab, 489 U.S. at 666 (emphases added). Even so, a search in the special needs context almost always requires individualized suspicion. See, e.g., Portillo v. U.S. Dist. Court, 15 F.3d 819, 823 (9th Cir.'94) (requiring individualized suspicion for urinalysis testing under the probationer special needs exception). The rare special needs cases which do not require individualized suspicion involve persons who voluntarily participate in a highly regulated context. See, e.g., Von Raab, at 671, 677 (noting that 'certain forms of employment may diminish privacy expectations' for the 'employees who seek to be promoted' to certain positions); Vernonia School Dist. v. Acton, 1995 WL 373274, *6-*7 (U.S. June 26, '95) (noting that schools are highly regulated and 'like adults who choose to participate in a `closely regulated industry,' students who voluntarily participate in school athletics have reason to expect intrusions upon normal rights and privileges, including privacy').

Nonetheless, routine searches that intrude into prisoners' bodies without probable cause may be upheld only when the search is undertaken pursuant to a valid prison regulation that is reasonably related to a legitimate penological objective. Turner v. Safley, 482 U.S. 78, 87-91 ('87); see, e.g., Walker v. Sumner, 917 F.2d 382, 387 (9th Cir.'90) (remanding for evidence of a specific penological objective because 'general protestations of concern for the welfare of the citizens of Nevada and the prison community are simply insufficient to render the involuntary seizure of blood specimens, even from prison inmates, constitutionally reasonable').

Individuals have a categorically different and lesser expectation of privacy in their fingerprints, visual images, or voice prints -- even when their production is compelled -- because they are personal attributes that are routinely exposed to the public at large in daily life. Katz v. U.S., 389 U.S. 347, 51 ('67) (finding a lesser expectation of privacy in personal effects that 'a person knowingly exposes to the public, even in his own home or office').

The Fourth Amendment provides no protection for what 'a person knowingly exposes to the public'. Like a man's facial characteristics, or handwriting, his voice is repeatedly produced for others to hear. No person can have a reasonable expectation that others will not know the sound of his voice, any more than he can reasonably expect that his face will be a mystery to the world.

The required disclosure of a person's voice is thus immeasurably further removed from the Fourth Amendment protection than was the intrusion into the body effected by the blood extraction in Schmerber . . . . Rather, this is like the fingerprinting in Davis, . . . [which] 'involves none of the probing into an individual's private life and thoughts that marks an interrogation or search.' U.S. v. Dionisio, 410 U.S. 1, 14-15 ('73) (quoting Katz v. U.S., 389 U.S. 347, 51 ('67), and Davis v. Mississippi, 394 U.S. 721, 27 ('69)) (emphases added).

'Fingerprinting' - like the compelled production of other aspects of an individual's identification that are routinely exposed to and superficially observable by the public at large, such as voice prints, handwriting exemplars, and photographs - simply belongs to a different category of search that 'represents a much less serious intrusion upon personal security than other types of searches and detentions.' Hayes v. Florida, 470 U.S. 811, 14 ('85).*fn10 The majority's analysis obliterates this critical constitutional distinction between coerced fingerprinting and blood extraction for DNA genetic pattern analysis.

Blanket Searches.

Blanket searches are unreasonable, however 'evenhanded' they may be, in the traditional criminal law enforcement context. See, e.g., Ybarra v. Illinois, 444 U.S. 85, 91-2, 92 n.4 ('79) (invalidating a blanket patdown search of all patrons in a tavern, even though there was probable cause to search the bartender and the premises). The ill that the Fourth Amendment prevents is not merely the arbitrariness of police discretion to single out individuals for attention, but also the unwarranted domination and control of the citizenry through fear of baseless but 'evenhanded' general police searches.

In Zurcher, the Supreme Court held that a search of the offices of a university newspaper, which was not involved in any criminal activity, for photographs of demonstrators who had assaulted police officers did not offend the Fourth Amendment's ban against unreasonable searches and seizures. The court concluded: '[T]he Amendment has not been a barrier to warrants to search property on which there is probable cause to believe that fruits, instrumentalities, or evidence of crime is located, whether or not the owner or possessor of the premises to be searched is himself reasonably suspected of complicity in the crime being investigated.' Zurcher v. Stanford Daily ('78) 436 U.S. 547, 549-50.

Fourth Amendment protects the 'right of the people to be secure in their persons . . . against unreasonable searches and seizures.' The essence of that protection is a prohibition against some modes of law enforcement because the cost of police intrusion into personal liberty is too high, even though the intrusion undoubtedly would result in an enormous boon to the public if the efficient apprehension of criminals were the sole criterion to be considered. 'The easiest course for [law enforcement] officials is not always one that our Constitution allows them to take.' Wolfish, 441 U.S. at 595 (Stevens, dissenting).

A permanent resident alien is entitled to constitutional protection. See Landon v. Plasencia, 459 U.S. 21, 32-4 ('82) ('
  • nce an alien gains admission to our country and begins to develop the ties that go with permanent residence, his constitutional status changes accordingly.'). In particular, to Fourth Amendment protection against unlawful seizures. See Benitez-Mendez v. INS, 760 F.2d 907, 09-10 (9th Cir.'85) (finding that INS seizure of alien violated Fourth Amendment); see also INS v. Delgado, 466 U.S. 210, 213 n.1, 215-21 ('84) (considering whether questioning of resident aliens by INS agents amounted to seizure for purposes of Fourth Amendment); Martinez v. Nygaard, 831 F.2d 822, 824, 826-28 (9th Cir.'87) (analyzing whether seizures of three resident aliens complied with Fourth Amendment).
11818  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Issues in the American Creed (Constitutional Law and related matters) on: December 03, 2009, 12:46:37 PM

Your points are lucid, but I submit that there is something qualitatively different about being effortlessly being able to keep track of ALL of someone's movements, or to recover what they were retroactively.

**You can track's someone's phone, with some effort and a court's approval, but in most situations that isn't of much evidentiary value by it's self. It is my understanding that absent a court order or request, cell phone providers dump their records very rapidly, given the cost involved in archiving such data. So there is not much in the way of retroactive recovering of location via cell records.**

"Nothing in the Fourth Amendment prohibited the police from augmenting their sensory faculties with such enhancement as science and technology afforded them in this case."

I'm not sure that the truth of this statement, which after all is limited to the facts presented, means that it applies across the board.
**It's not absolute. Remember Kyllo v. the United States? The 4th amendment protects the reasonably expected privacy in your home from thermal imaging without a search warrant. **
11819  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Issues in the American Creed (Constitutional Law and related matters) on: December 03, 2009, 12:19:40 PM
For a slightly different angle... Your cell phone signal and its records are private, your health care with its records are private, your banking and credit card records are private and yes, your garbage is private.  My garbage cans are on my property.  My contract with my hauler is to take it carefully and professionally and dispose of it, not to share it, sell it or data mine it.  Guess I won't be chosen for the court anytime soon.

**This is what the courts have said thus far on some of these key topics :

 Discovery of Certain Actions or Individual Characteristics do not require a Fourth Amendment "search" and are not protected by the Fourth Amendment.

Abandoned property. By definition, voluntarily abandoned property cannot support a reasonable claim of privacy or possessory interests, and so there can be no "search" or "seizure" of such property in the Fourth Amendment sense. See, e.g., Hester v. United States, 265 U.S. 57, 58, 44 S.Ct. 445, 68 L.Ed. 898 (1924) (contraband liquor discarded in a field); Abel v. United States, 362 U.S. 217, 241, 80 S.Ct. 683, 4 L.Ed.2d 668 (1960) (contents of wastebasket in vacated hotel room); and California v. Greenwood, 486 U.S. at 35, (trash left for collection at the curb); State v. Brunson, 13 Kan.App.2d 384, 394-95, 771 P.2d 938, rev. denied 245 Kan. 786 (1989)(car abandoned on golf course).

Open fields. "[A]n individual has no expectation that open fields will remain free from warrantless intrusion by government officers." Oliver v. United States, 466 U.S. 170, 181, 104 S.Ct. 1735, 80 L.Ed.2d 214 (1984). See also Hester, 265 U.S. at 58; Dunn, 480 U.S. at 300; State v. Tinsley, 16 Kan. App. 2d 289, 823 P.2d 205 (1991)(marijuana growing in area 45 to 70 feet from house near a cattle shed); Dow Chemical v. United States, 476 U.S. 227, 104 S.Ct. 1735, 80 L.Ed.2d 214 (1986)(no expectation of privacy from aerial surveillance & photography of smokestack emissions); United States v. Knotts, 460 U.S. 276, 281-82, 104 S.Ct. 1735, 80 L.Ed.2d 214 (1983)(person traveling on public roads has no reasonable expectation of privacy from observation of his movements).

Plain view. No legitimate expectation of privacy exists in property exposed to official observation.

It has long been settled that objects falling in the plain view of an officer who has a right to be in the position to have that view are subject to seizure and may be introduced in evidence. Harris v. United States, 390 U.S. 234, 236, 88 S.Ct. 992, 19 L.Ed.2d 1067 (1968).
    There is no inadvertence requirement for plain-view seizures. Horton v. California, 495 U.S. 128, 137, 110 S.Ct. 2301, 110 L.Ed.2d 112 (1990).
    Two varieties of plain view seizures are possible: (1) an item exposed to view in a public place may be seized without involving any search activity; or (2) an item may be seen in plain view during the course of other lawful search or-seizure activity (such as during service of a search warrant, or while requesting consent to search). In either case, the seizure of the property in plain view "involves no invasion of privacy and is presumptively reasonable, assuming that there is probable cause to associate the property with criminal activity." Payton v. New York, 445 U.S. 573, 587, 100 S.Ct. 1371, 63 L.Ed.2d 639 (1980)(Emphasis added). See, especially, Texas v. Brown, 460 U.S. 730, 738, n. 4, 103 S.Ct. 1535, 75 L.Ed.2d 502 (1983)("'plain view' provides grounds for seizure of an item when an officer's access to an object has some prior justification under the Fourth Amendment."); Arizona v. Hicks, 480 U.S. 321, 103 S.Ct. 1535, 75 L.Ed.2d 502 (1987)(no seizure by recording serial numbers from stereos, but moving equipment to see numbers was a seizure).

    The use of optical aids, such as flashlights, searchlights or binoculars, do not affect the legality of observing in plain view what could lawfully be seen in daylight or at closer range. Texas v. Brown, 460 U.S. at 739-740 (flashlight); State v. Epperson, 237 Kan. 707, 714, 703 P.2d 761, (1985)(same); On Lee v. United States, 343 U.S. 747, 754, 72 S.Ct. 967, 96 L.Ed. 1270 (1952)(radio transmitter & receiver); United States v. Lee, 274 U.S. 559, 563, 47 S.Ct. 746, 71 L.Ed. 1202 (1927)(searchlight).
11820  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Issues in the American Creed (Constitutional Law and related matters) on: December 02, 2009, 10:10:46 PM
Very much so:

Held: Monitoring the beeper signals did not invade any legitimate expectation of privacy on respondent's part, and thus there was neither a "search" nor a "seizure" within the contemplation of the Fourth Amendment. The beeper surveillance amounted principally to following an automobile on public streets and highways. A person traveling in an automobile on public thoroughfares has no reasonable expectation of privacy in his movements. While respondent had the traditional expectation of privacy within a dwelling place insofar as his cabin was concerned, such expectation of privacy would not have extended to the visual observation from public places of the automobile arriving on his premises after leaving a public highway, or to movements of objects such as the chloroform container outside the cabin. The fact that the officers relied not only on visual surveillance, but also on the use of the beeper, does not alter the situation. Nothing in the Fourth Amendment prohibited the police from augmenting their sensory faculties with such enhancement as science and technology afforded them in this case.
11821  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Issues in the American Creed (Constitutional Law and related matters) on: December 02, 2009, 05:10:08 PM
UNITED STATES V. KNOTTS, 460 U. S. 276 (1983)
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U.S. Supreme Court
United States v. Knotts, 460 U.S. 276 (1983)
United States v. Knotts

No. 81-1802

Argued December 6, 1982

Decided March 2, 1983

460 U.S. 276


Having reason to believe that one Armstrong was purchasing chloroform to be used in the manufacture of illicit drugs, Minnesota law enforcement officers arranged with the seller to place a beeper (a radio transmitter) inside a chloroform container that was sold to Armstrong. Officers then followed the car in which the chloroform was placed, maintaining contact by using both visual surveillance and a monitor which received the beeper signals, and ultimately tracing the chloroform, by beeper monitoring alone, to respondent's secluded cabin in Wisconsin. Following three days of intermittent visual surveillance of the cabin, officers secured a search warrant and discovered the chloroform container, and a drug laboratory in the cabin, including chemicals and formulas for producing amphetamine. After his motion to suppress evidence based on the warrantless monitoring of the beeper was denied, respondent was convicted in Federal District Court for conspiring to manufacture controlled substances in violation of 21 U.S.C. § 846. The Court of Appeals reversed, holding that the monitoring of the beeper was prohibited by the Fourth Amendment.

Held: Monitoring the beeper signals did not invade any legitimate expectation of privacy on respondent's part, and thus there was neither a "search" nor a "seizure" within the contemplation of the Fourth Amendment. The beeper surveillance amounted principally to following an automobile on public streets and highways. A person traveling in an automobile on public thoroughfares has no reasonable expectation of privacy in his movements. While respondent had the traditional expectation of privacy within a dwelling place insofar as his cabin was concerned, such expectation of privacy would not have extended to the visual observation from public places of the automobile arriving on his premises after leaving a public highway, or to movements of objects such as the chloroform container outside the cabin. The fact that the officers relied not only on visual surveillance, but also on the use of the beeper, does not alter the situation. Nothing in the Fourth Amendment prohibited the police from augmenting their sensory faculties with such enhancement as science and technology afforded them in this case. There is no indication that the beeper was used in any way to reveal information as to the movement of the chloroform container within the cabin, or in any

Page 460 U. S. 277

way that would not have been visible to the naked eye from outside the cabin. Pp. 460 U. S. 280-285.

662 F.2d 515, reversed.

REHNQUIST, J., delivered the opinion of the Court, in which BURGER, C.J., and WHITE, POWELL, and O'CONNOR, JJ., joined. BRENNAN, J., filed an opinion concurring in the judgment, in which MARSHALL, J., joined, post, p. 460 U. S. 285. BLACKMUN, J., filed an opinion concurring in the judgment, in which BRENNAN, MARSHALL, and STEVENS, JJ., joined, post, p. 460 U. S. 287. STEVENS, J., filed an opinion concurring in the judgment, in which BRENNAN, and MARSHALL, JJ., joined, post, p. 460 U. S. 288.
11822  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Issues in the American Creed (Constitutional Law and related matters) on: December 02, 2009, 05:06:39 PM
UNITED STATES V KARO, 468 U. S. 705 (1984)
Subscribe to Cases that cite 468 U. S. 705

Link to the Full Text of Case:

U.S. Supreme Court
United States v Karo, 468 U.S. 705 (1984)
United States v Karo

No. 83-850

Argued April 25, 1984

Decided July 3, 1984

468 U.S. 705


After a Drug Enforcement Administration (DEA) agent learned that respondents Karo, Horton, and Harley had ordered 50 gallons of ether from a Government informant, who had told the agent that the ether was to be used to extract cocaine from clothing that had been imported into the United States, the Government obtained a court order authorizing the installation and monitoring of a beeper in one of the cans of ether. With the informant's consent, DEA agents substituted their own can containing a beeper for one of the cans in the shipment. Thereafter, agents saw Karo pick up the ether from the informant, followed Karo to his house, and determined by using the beeper that the ether was inside the house, where it was then monitored. The ether then moved in succession to two other houses, including Horton's, before it was moved first to a locker in one commercial storage facility and then to a locker in another such facility. Both lockers were rented jointly by Horton and Harley. Finally, the ether was removed from the second storage facility by respondent Rhodes and an unidentified woman and transported in Horton's truck, first to Rhodes' house and then to a house rented by Horton, Harley, and respondent Steele. Using the beeper monitor, agents determined that the beeper can was inside the house, and obtained a warrant to search the house based in part on information derived through use of the beeper. The warrant was executed, and Horton, Harley, Steele, and respondent Roth were arrested, and cocaine was seized. Respondents were indicted for various offenses relating to the cocaine. The District Court granted respondents' pretrial motion to suppress the seized evidence on the grounds that the initial warrant to install the beeper was invalid, and that the seizure was the tainted fruit of an unauthorized installation and monitoring of the beeper. The Government appealed, but did not challenge the invalidation of the initial warrant. The Court of Appeals affirmed, except with respect to Rhodes, holding that a warrant was required to install the beeper in the can of ether and to monitor it in private dwellings and storage lockers, that the warrant for the search of the house rented by Horton, Harley, and Steele, and the resulting seizure, were tainted by the Government's prior illegal conduct, and that therefore the evidence was properly suppressed as to Horton, Harley, Steele, Roth, and Karo.

Page 468 U. S. 706


1. No Fourth Amendment interest of Karo or of any other respondent was infringed by the installation of the beeper. The informant's consent was sufficient to validate the installation. And the transfer of the beeper-laden can to Karo was neither a search nor a seizure, since it conveyed no information that Karo wished to keep private and did not interfere with anyone's possessory interest in a meaningful way. Pp. 468 U. S. 711-713.

2. The monitoring of a beeper in a private residence, a location not opened to visual surveillance, violates the Fourth Amendment rights of those who have a justifiable interest in the privacy of the residence. Here, if a DEA agent had entered the house in question without a warrant to verify that the ether was in the house, he would have engaged in an unreasonable search within the meaning of the Fourth Amendment. The result is the same where, without a warrant, the Government surreptitiously uses a beeper to obtain information that it could not have obtained from outside the curtilage of the house. There is no reason in this case to deviate from the general rule that a search of a house should be conducted pursuant to a warrant. Pp. 468 U. S. 713-718.

3. The evidence seized in the house in question, however, should not have been suppressed with respect to any of the respondents. The information that the ether was in the house, verified by use of the beeper without a warrant, would be inadmissible against those respondents with privacy interests in the house, and would invalidate the search warrant, if critical to establishing probable cause. But because locating, without prior monitoring, the ether in the second storage facility was not an illegal search (use of the beeper not identifying the specific locker in which the ether was located and the locker being identified only by the smell of ether emanating therefrom), and because the ether was seen being loaded into Horton's truck, which then traveled the highways, it is evident that there was no violation of the Fourth Amendment as to anyone with or without standing to complain about monitoring the beeper while it was located in the truck. United States v. Knotts, 460 U. S. 276. Under the circumstances, the warrant affidavit, after striking the facts about monitoring the beeper while it was in the searched house, contained sufficient untainted information to furnish probable cause for issuance of the search warrant. Pp. 468 U. S. 719-721.

710 F.2d 1433, reversed.

WHITE, J., delivered the opinion of the Court, in which BURGER, C.J., and BLACKMUN and POWELL, JJ., joined, in Parts I, II, and IV of which REHNQUIST and O'CONNOR, JJ., joined, and in Part III of which BRENNAN, MARSHALL, and STEVENS, JJ., joined. O'CONNOR, J., filed an opinion concurring in part and concurring in the judgment, in which

Page 468 U. S. 707

REHNQUIST, J., joined, post, p. 468 U. S. 721. STEVENS, J., filed an opinion concurring in part and dissenting in part, in which BRENNAN and MARSHALL, JJ., joined, post, p. 468 U. S. 728.
11823  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Issues in the American Creed (Constitutional Law and related matters) on: December 02, 2009, 04:48:20 PM
The right of the people to be secure in their persons, houses, papers, and effects, against searches and seizures, shall not be violated, and no Warrants shall issue.

11824  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Issues in the American Creed (Constitutional Law and related matters) on: December 02, 2009, 04:42:18 PM
Does the 1st amd. only apply to town criers and wood block printing? Does the 2nd. only apply to muskets? Does the 4th apply to cell phones and the intertubes, or are they somehow immune from reasonable search and seizure?
11825  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Issues in the American Creed (Constitutional Law and related matters) on: December 02, 2009, 01:54:31 PM
So, the policy solution to technology is....
11826  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Issues in the American Creed (Constitutional Law and related matters) on: December 02, 2009, 09:26:47 AM
From the first link:

The spokesman wouldn’t disclose how many of Sprint’s 48 million customers had their GPS data shared, or indicate the number of unique surveillance requests from law enforcement.

Why as customers aren't we allowed to evaluate how willing a carrier is to provide locational data without a users' consent?

**Without wading through all the applicable laws and caselaw, I'm guessing that Sprint has no legal obligation to do so. Keep in mind that this data is being accessed by court order/subpeona/warrant and is subject to judicial review.**

From the second link:


The only thing certain with respect to the legal requirements for acquisition of cell site information by the government for purposes of identifying the location of a cellular telephone and its user is that nothing is certain at this moment. The path that the use of cell site tracking is headed down is likely toward a legislative solution. In the interim, law enforcement should track judicial developments closely within their jurisdictions. State and local law enforcement also should take a proactive role with respect to legislative solutions to this uncertainty within their own state electronic surveillance statutes.

Sounds far less than definitive to me.

**It's not definitive. As technology advances and new laws are written and caselaw develops, the rules and procedures get fleshed out. Still, this is being shaped as we speak by those legislatures and courts that are part of that participatory democracy/republic. Phones have come a long way since the FBI was sitting in AT&T switching operator stations, recording conversations on wax. Laws and law enforcement has to reflect that.**
11827  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: Afghanistan-Pakistan on: December 02, 2009, 09:11:48 AM
That would be funny, were it not so painfully true.  undecided
11828  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Issues in the American Creed (Constitutional Law and related matters) on: December 02, 2009, 08:59:21 AM
**Assuming that someone from the EFF actually has some technical ability to grasp the "electronic frontier, I'm assuming some AGW-esque book-cooking in the above post. Below is a more technically accurate and honest article:

**Now, I assume the EFF has heard of something certain internet insiders call "google". Using this mostly unheard of website, I was able to bring up this article that was published by taxpayers money and exists as an open source document viewable by any member of said participatory democracy/republic.**

11829  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Issues in the American Creed (Constitutional Law and related matters) on: December 01, 2009, 10:39:06 PM
Oh wow, uninformed hysteria from the EFF. Shocking.  rolleyes

Here is the supersecret countermeasure to protect yourself from malevolent gov't snooping.

1. Pick up cellphone.

2. Remove battery.

11830  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: Israel, and its neighbors on: December 01, 2009, 08:13:51 PM
Twenty years at the feet of his Farrakhan loving "them jews" pastor, we'll just see what Barry does when Israel moves against Iran's nukes.
11831  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Taqiyya and Nukes on: November 30, 2009, 04:57:10 AM
from the November 20, 2009 edition -

The real reason Iran can't be trusted
As they confront Iran's nuclear aims, negotiators must mind the Shiite doctrine of deceit called 'taqiyya.'
By Mamoun Fandy
In the run-up to talks with Iran last month, many in Europe and the United States asked whether Iran would, or even could, come clean on its nuclear activities.

Should the West trust Iranian promises? The short answer is "no." But the underlying question is "Why not?"

The answer lies in Iranian belief systems – notably the doctrine of taqiyya, a difficult concept for many non-Muslims to grasp. Taqiyya is the Shiite religious rationale for concealment or dissimulation in political or worldly affairs. At one level it means that President Mahmoud Ahmadinejad and his regime can tell themselves that they are obliged by their faith not to tell the truth.

This doctrine has not been discussed much in the West, but it should be. How should the world deal with taqiyya in Shiite Islam in the context of Iran's nuclear file?

**Read it all.**
11832  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Pathological Science on: November 29, 2009, 10:46:07 AM


The dog ate my global warming evidence.
11833  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: Nuclear War, WMD issues on: November 28, 2009, 09:43:37 AM
China will do nothing to increase it's energy costs. Iran shutting down the Persian Gulf's oil exports would jack up the price for Russia's oil exports. Obama has already sold out Poland and the others in eastern europe in exchange for ill defined promises from Russia. Russia has already achieved it's goals in this matter.
11834  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: Nuclear War, WMD issues on: November 28, 2009, 09:20:24 AM
Any signficance to the IAEA finally admitting that Iran is going for nukes?

**No. They kept anyone in the west from acting back when something less that military action might have worked. Mission accomplished.**

Any significance to the Russians and, for the first time, the Chinese signing a resolution against the Iranian nuke program?

**About as useful as a resolution to rearrainge the deckchairs on the Titanic.**
11835  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: Glen Beck on: November 27, 2009, 10:54:11 PM
Funny how the same people that can so easily link Father Coughlin to Glen Beck are still at a loss as what motivated Maj. Hasan.  rolleyes
11836  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: Glen Beck on: November 27, 2009, 09:17:03 PM
Typical leftist smear tactics. Glen Beck has been the one effective watchdog over this adminisitration. Of course he's being targeted.
11837  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Issues in the American Creed (Constitutional Law and related matters) on: November 25, 2009, 05:18:24 PM
The US has laws that forbid such things, and rightly so.

While intelligence plays a key role in law enforcement operations,
history tells us that it can also be the instrument of abuse if
such operations are not properly organized, focused and directed.
Particularly during times of national emergency, one must be
particularly vigilant to prevent aggressive enforcement and intelligence
gathering from becoming incursions upon constitutional
rights. Aggressive intelligence gathering operations that resemble
fishing expeditions have been employed improperly in the
past to garner sensitive or confidential information on individuals
for whom there is no reasonable suspicion of criminal activity.
Once documented, such information can develop a life of its
own if sufficient safeguards are not built into screening, review
and management of intelligence files. If passed on to other law
enforcement agencies as intelligence, it can form the basis for
abuse of civil liberties and potential civil liability.
In the same manner, intelligence operations are misguided
that directly or indirectly gather information on persons based
solely on their dissident political activities or views, because they
espouse positions or philosophies that are perceived to threaten
conventional social or political doctrine, traditionally accepted
social mores or similar societal values or institutions, or because
they have cultural connections with terrorists. Use of law
enforcement intelligence resources to intimidate, inhibit or suppress
such activities or harass such individuals under the pretext
of legitimate police concern for maintaining social order are at
best misguided and, in the worst case scenario, constitute a threat
to the principles of law enforcement in a democratic society.
Additionally, misguided intelligence gathering is a waste of valuable
resources that are desperately needed to ferret out wrongdoers
and persons who pose real threats to national and local
11838  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: Political Economics on: November 24, 2009, 07:47:33 PM

More from the Cloward-Piven playbook.
11839  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Pathological Science on: November 24, 2009, 06:32:54 PM

Iowahawk rules!  grin
11840  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: The vast left wing conspiracy: BO's friends, appts, and running dogs on: November 24, 2009, 12:47:21 PM

Strategy for forcing political change through orchestrated crisis

First proposed in 1966 and named after Columbia University sociologists Richard Andrew Cloward and Frances Fox Piven, the “Cloward-Piven Strategy” seeks to hasten the fall of capitalism by overloading the government bureaucracy with a flood of impossible demands, thus pushing society into crisis and economic collapse.

Inspired by the August 1965 riots in the black district of Watts in Los Angeles (which erupted after police had used batons to subdue a black man suspected of drunk driving), Cloward and Piven published an article titled "The Weight of the Poor: A Strategy to End Poverty" in the May 2, 1966 issue of The Nation. Following its publication, The Nation sold an unprecedented 30,000 reprints. Activists were abuzz over the so-called "crisis strategy" or "Cloward-Piven Strategy," as it came to be called. Many were eager to put it into effect.

In their 1966 article, Cloward and Piven charged that the ruling classes used welfare to weaken the poor; that by providing a social safety net, the rich doused the fires of rebellion. Poor people can advance only when "the rest of society is afraid of them," Cloward told The New York Times on September 27, 1970. Rather than placating the poor with government hand-outs, wrote Cloward and Piven, activists should work to sabotage and destroy the welfare system; the collapse of the welfare state would ignite a political and financial crisis that would rock the nation; poor people would rise in revolt; only then would "the rest of society" accept their demands.

The key to sparking this rebellion would be to expose the inadequacy of the welfare state. Cloward-Piven's early promoters cited radical organizer Saul Alinsky as their inspiration. "Make the enemy live up to their (sic) own book of rules," Alinsky wrote in his 1972 book Rules for Radicals. When pressed to honor every word of every law and statute, every Judaeo-Christian moral tenet, and every implicit promise of the liberal social contract, human agencies inevitably fall short. The system's failure to "live up" to its rule book can then be used to discredit it altogether, and to replace the capitalist "rule book" with a socialist one.

The authors noted that the number of Americans subsisting on welfare -- about 8 million, at the time -- probably represented less than half the number who were technically eligible for full benefits. They proposed a "massive drive to recruit the poor onto the welfare rolls."  Cloward and Piven calculated that persuading even a fraction of potential welfare recipients to demand their entitlements would bankrupt the system. The result, they predicted, would be "a profound financial and political crisis" that would unleash "powerful forces … for major economic reform at the national level."

Their article called for "cadres of aggressive organizers" to use "demonstrations to create a climate of militancy." Intimidated by threats of black violence, politicians would appeal to the federal government for help. Carefully orchestrated media campaigns, carried out by friendly, leftwing journalists, would float the idea of "a federal program of income redistribution," in the form of a guaranteed living income for all -- working and non-working people alike. Local officials would clutch at this idea like drowning men to a lifeline. They would apply pressure on Washington to implement it. With every major city erupting into chaos, Washington would have to act.

This was an example of what are commonly called Trojan Horse movements -- mass movements whose outward purpose seems to be providing material help to the downtrodden, but whose real objective is to draft poor people into service as revolutionary foot soldiers; to mobilize poor people en masse to overwhelm government agencies with a flood of demands beyond the capacity of those agencies to meet. The flood of demands was calculated to break the budget, jam the bureaucratic gears into gridlock, and bring the system crashing down. Fear, turmoil, violence and economic collapse would accompany such a breakdown -- providing perfect conditions for fostering radical change. That was the theory.

Cloward and Piven recruited a militant black organizer named George Wiley to lead their new movement. In the summer of 1967, Wiley founded the National Welfare Rights Organization (NWRO). His tactics closely followed the recommendations set out in Cloward and Piven's article. His followers invaded welfare offices across the United States -- often violently -- bullying social workers and loudly demanding every penny to which the law "entitled" them. By 1969, NWRO claimed a dues-paying membership of 22,500 families, with 523 chapters across the nation.

Regarding Wiley's tactics, The New York Times commented on September 27, 1970, "There have been sit-ins in legislative chambers, including a United States Senate committee hearing, mass demonstrations of several thousand welfare recipients, school boycotts, picket lines, mounted police, tear gas, arrests - and, on occasion, rock-throwing, smashed glass doors, overturned desks, scattered papers and ripped-out phones."These methods proved effective. "The flooding succeeded beyond Wiley's wildest dreams," writes Sol Stern in the City Journal.  "From 1965 to 1974, the number of single-parent households on welfare soared from 4.3 million to 10.8 million, despite mostly flush economic times. By the early 1970s, one person was on the welfare rolls in New York City for every two working in the city's private economy."As a direct result of its massive welfare spending, New York City was forced to declare bankruptcy in 1975. The entire state of New York nearly went down with it. The Cloward-Piven strategy had proved its effectiveness.

The Cloward-Piven strategy depended on surprise. Once society recovered from the initial shock, the backlash began. New York's welfare crisis horrified America, giving rise to a reform movement which culminated in "the end of welfare as we know it" -- the 1996 Personal Responsibility and Work Opportunity Reconciliation Act, which imposed time limits on federal welfare, along with strict eligibility and work requirements. Both Cloward and Piven attended the White House signing of the bill as guests of President Clinton.

Most Americans to this day have never heard of Cloward and Piven. But New York City Mayor Rudolph Giuliani attempted to expose them in the late 1990s. As his drive for welfare reform gained momentum, Giuliani accused the militant scholars by name, citing their 1966 manifesto as evidence that they had engaged in deliberate economic sabotage. "This wasn't an accident," Giuliani charged in a 1997 speech. "It wasn't an atmospheric thing, it wasn't supernatural. This is the result of policies and programs designed to have the maximum number of people get on welfare."

Cloward and Piven never again revealed their intentions as candidly as they had in their 1966 article. Even so, their activism in subsequent years continued to rely on the tactic of overloading the system. When the public caught on to their welfare scheme, Cloward and Piven simply moved on, applying pressure to other sectors of the bureaucracy, wherever they detected weakness.

In 1982, partisans of the Cloward-Piven strategy founded a new "voting rights movement," which purported to take up the unfinished work of the Voting Rights Act of 1965. Like ACORN, the organization that spear-headed this campaign, the new "voting rights" movement was led by veterans of George Wiley's welfare rights crusade. Its flagship organizations were Project Vote and Human SERVE, both founded in 1982. Project Vote is an ACORN front group, launched by former NWRO organizer and ACORN co-founder Zach Polett. Human SERVE was founded by Richard A. Cloward and Frances Fox Piven, along with a former NWRO organizer named Hulbert James.

All three of these organizations -- ACORN, Project Vote and Human SERVE -- set to work lobbying energetically for the so-called Motor-Voter law, which Bill Clinton ultimately signed in 1993. The Motor-Voter bill is largely responsible for swamping the voter rolls with "dead  wood" -- invalid registrations signed in the name of deceased, ineligible or non-existent people -- thus opening the door to the unprecedented  levels of voter fraud and "voter disenfranchisement" claims that followed in subsequent elections.

The new "voting rights" coalition combines mass voter registration drives -- typically featuring high levels of fraud -- with systematic intimidation of election officials in the form of frivolous lawsuits, unfounded charges of "racism" and "disenfranchisement," and "direct action" (street protests, violent or otherwise). Just as they swamped America's welfare offices in the 1960s, Cloward-Piven devotees now seek to overwhelm the nation's understaffed and poorly policed electoral system. Their tactics set the stage for the Florida recount crisis of 2000, and have introduced a level of fear, tension and foreboding to U.S. elections heretofore encountered mainly in Third World countries. 

Both the Living Wage and Voting Rights movements depend heavily on financial support from George Soros's Open Society Institute and his "Shadow Party," through whose support the Cloward-Piven strategy continues to provide a blueprint for some of the Left's most ambitious campaigns.
11841  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: Political Economics on: November 24, 2009, 09:22:12 AM

The 'Real' Jobless Rate: 17.5% Of Workers Are Unemployed
Published: Thursday, 19 Nov 2009

As experts debate the potential speed of the US recovery, one figure looms large but is often overlooked: nearly 1 in 5 Americans is either out of work or under-employed.
11842  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Legal issues on: November 24, 2009, 09:07:36 AM
I get the impression from the first of your two posts that

a) they were specifically watching his particular email, and
b) the email communication was international.

It seems so.
11843  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Issues in the American Creed (Constitutional Law and related matters) on: November 24, 2009, 08:40:03 AM
Do I want a GPS tracker on everyone's car? No. For law enforcement purposes, it would normally be used as a tool to assist in a physical surveillance, not a substitute for "tailing" a suspect in a crime. You need to be able to testify that your suspect was the driver of the car at the time the car was used in a criminal act. Otherwise your surveillance is worthless because of the "soddi" defense.
11844  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Brits interfere in privacy, religious expression on: November 24, 2009, 02:03:21 AM

They are reticent on how Zazi was identified but admit it was through an “intercepted communication."

After Vinas was detained, a number of arrests followed in Belgium in December and in April this year Greater Manchester Police arrested 12 Pakistani students after GCHQ intercepted emails about girls and cars that were allegedly code for a planned attack.
11845  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Brits interfere in privacy, religious expression on: November 24, 2009, 01:42:31 AM
**Help ! Help ! I'm being oppressed !"**

11846  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Issues in the American Creed (Constitutional Law and related matters) on: November 24, 2009, 01:26:40 AM

A recent poll by the Police Executive Research Forum found that more than half the agencies questioned had been "bracing for funding cuts during the upcoming year."
11847  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: The vast left wing conspiracy: BO's friends, appts, and running dogs on: November 24, 2009, 01:17:06 AM
November 23, 2009
Cloward-Piven Government
By James Simpson

It is time to cast aside all remaining doubt. President Obama is not trying to lead America forward to recovery, prosperity and strength. Quite the opposite, in fact.

In September of last year, American Thinker published my article, Barack Obama and the Strategy of Manufactured Crisis. Part of a series, it connected then-presidential candidate Barack Obama to individuals and organizations practicing a malevolent strategy for destroying our economy and our system of government. Since then, the story of that strategy has found its way across the blogosphere, onto the airwaves of radio stations across the country, the Glenn Beck television show, Bill O'Reilly, and now Mark Levin.

The methodology is known as the Cloward-Piven Strategy, and we can all be grateful to David Horowitz and his Discover the Networks for originally exposing and explaining it to us. He describes it as:

The strategy of forcing political change through orchestrated crisis. The "Cloward-Piven Strategy" seeks to hasten the fall of capitalism by overloading the government bureaucracy with a flood of impossible demands, thus pushing society into crisis and economic collapse.

Richard Cloward and Frances Fox Piven were two lifelong members of Democratic Socialists of America who taught sociology at Columbia University (Piven later went on to City University of New York). In a May 1966 Nation magazine article titled "The Weight of the Poor," they outlined their strategy, proposing to use grassroots radical organizations to push ever more strident demands for public services at all levels of government.

The result, they predicted, would be "a profound financial and political crisis" that would unleash "powerful forces ... for major economic reform at the national level."

They implemented the strategy by creating a succession of radical organizations, most notable among them the Association of Community Organizations for Reform Now (ACORN), with the help of veteran organizer Wade Rathke. Their crowning achievement was the "Motor Voter" act, signed into law by Bill Clinton in 1993 with Cloward and Piven standing behind him.

As we now know, ACORN was one of the chief drivers of high-risk mortgage lending that eventually led to the financial crisis. But the Motor Voter law was another component of the strategy. It created vast vulnerabilities in our electoral system, which ACORN then exploited.

ACORN's vote registration scandals throughout the U.S. are predictable fallout.

The Motor Voter law has also been used to open another vulnerability in the system: the registration of vast numbers of illegal aliens, who then reliably vote Democrat. Herein lies the real reason Democrats are so anxious for open borders, security be damned.

It should be clear to anyone with a mind and two eyes that this president and this Congress do not have our interests at heart. They are implementing this strategy on an unprecedented scale by flooding America with a tidal wave of poisonous initiatives, orders, regulations, and laws. As Rahm Emmanuel said, "A crisis is a terrible thing to waste."

The real goal of "health care" legislation, the real goal of "cap-and-trade," and the real goal of the "stimulus" is to rip the guts out of our private economy and transfer wide swaths of it over to the government to control. Do not be deluded by the propaganda. These initiatives are vehicles for change. They are not goals in and of themselves except in their ability to deliver power. They and will make matters much worse, for that is their design.

This time, in addition to overwhelming the government with demands for services, Obama and the Democrats are overwhelming political opposition to their plans with a flood of apocalyptic legislation. Their ultimate goal is to leave us so discouraged, demoralized, and exhausted that we throw our hands up in defeat. As Barney Frank said, "the middle class will be too distracted to fight."

These people are our enemies. They don't use guns, yet, but they are just as dangerous, determined, and duplicitous as the communists we faced in the Cold War, Korea, Vietnam, and bush wars across the globe, and the Nazis we faced in World War II.

It is time we fully internalized and digested this fact, with all its ugly ramifications. These people have violated countless laws and could be prosecuted, had we the political power. Not only are their policies unconstitutional, but deliberately so -- the goal being to make the Constitution irrelevant. Their spending is off the charts and will drive us into hyperinflation, but it could be rescinded, had we the political power. These policies are toxic, but they could be stopped and reversed, had we the political power. Their ideologies are poisonous, but they could be exposed for what they are, with long jail sentences as an object lesson, had we the political power.

Every single citizen who cares about this country should be spending every minute of his or her spare time lobbying, organizing, writing, and planning. Fight every initiative they launch. It is all destructive. If we are to root out this evil, it is critical that in 2010 we elect  competent, principled leaders willing to defend our Constitution and our country. Otherwise, the malevolent cabal that occupies the government today will become too entrenched.

After that, all bets are off.

Businessman and columnist Jim Simpson is a former White House staff economist and budget analyst. You may read more of his articles on his blog, Truth and Consequences.

Page Printed from: at November 24, 2009 - 12:02:36 AM EST
11848  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Issues in the American Creed (Constitutional Law and related matters) on: November 24, 2009, 01:00:26 AM
What state? No matter the technology involved, it boils down to flesh and blood humans doing the job. Now more than ever, there are less doing law enforcement and greater demands on those doing the job. My state invests little in law enforcement in the best of times, as a result, outlaw motorcycle gangs have set up shop here as they discuss how it's a safe state from them to operate in.
11849  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Lime Jello, Sardines, Buttermilk, & Tomato Paste on: November 23, 2009, 11:47:41 PM
Nah, I think they should be forced to wrestle members of Code Pink in a vat full of lime jello, sardines, buttermilk, and tomato paste. Work for you?

And are you ceding that the NSA peruses American originating sigint? Or are we talking about disbanding the NSA for things they haven't done?

**Given that neither one of us get to wander through the bowels of Ft. Meade and that the intertubes don't have clearly demarcated borders, it's not possible to know what has happened and hasn't. Yes? Although it's my understanding is that friendly foreign intel agencies do sift through US domestic sigint and tip off US law enforcement on the federal level when they spot something worth investigating. What are you going to do to stop GCHQ from reading your global warming posts?**

I've got an uncle (second cousin, actually) who was a Wisco politician who palled around w/ Proxmire and at one point was considering a run from governor. He use to argue with me about my Libertarian ways, claiming that you needed to work within a party structure to achieve your ends, doing a lot of compromising along the way. I replied that there was a long, honorable history of citizens fighting losing battles in defense of unadulterated liberty and, in losing, making sure those who play fast and loose with the nation's founding principles understand their shenanigans are understood and being monitored.

**Ah yes, the Libertarians, changing the world, one losing candidate at a time.**  grin

I suffer no illusion that my mewlings will cause the NSA to change its course, and here and now the benefit cost analysis perhaps favors the status quo. It's my hope, however, that defining the issues to small audiences in my inimitable fashion will help to ensure I'm not the only one monitoring these concerns.

Steeling myself for the next stark question. . . .

Edited to add: Off to KY in the a.m. where I'm second in command and cook for an expedition where the leader just came down w/ H1N1. Have a bunch of balls in the air most of the week so I'm not sure when I'll be back to the fray.

Be careful when in a part of the country where "Deliverance" is in the romantic-comedy sections of the video stores.
11850  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Issues in the American Creed (Constitutional Law and related matters) on: November 23, 2009, 11:36:34 PM
American law enforcement is being hollowed out as we speak. Lots of veteran investigators are pulling the pin and taking their institutional knowledge with them and those that remain are being put back into uniform. As a result, only the low hanging fruit of stupid street criminals will face investigation and complex/organized crime will face little to no prosecution.

Surveillance is how you will tend to establish probable cause that a crime was/is being committed. You can raise the bar so that all but the most basic police services are impossible to provide. It's good news for the real world Tony Sopranos/Avon Barksdales out there.
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