Posts Tagged ‘police’

Judge: First Amendment protects recording cops and officials performing public duties

“A federal court judge Monday ruled a Massachusetts General Law prohibiting the secret audio recording of police or government officials is unconstitutional. …In the 44-page decision [Judge Patti] Saris declared that ‘secret audio recording of government officials, including law enforcement officials, performing their duties in public is protected by the First Amendment, subject only to reasonable time, place and manner restrictions.'” [Noah Bombard, MassLive]

Crime and punishment roundup

  • Sorry, Denver cops, but you can’t keep a journalist from photographing an arrest on the street by telling her she’s violating the health-privacy law HIPAA [Alex Burness, Colorado Independent on handcuffing of editor Susan Greene]
  • Conor Friedersdorf interviews Scott Greenfield, criminal defense blogger and longtime friend of this blog, at the Atlantic;
  • Claim in new article: “extremely broad criminal statutes, no less than vague and ambiguous criminal statutes, are constitutionally problematic for depriving ordinary people of ‘fair notice’ about how the legal system actually works” [Kiel Brennan-Marquez guest series at Volokh Conspiracy: first, second, third]
  • “We Cannot Avoid the Ugly Tradeoffs of Bail Reform” [Alex Tabarrok; Scott Greenfield] New York should learn from Maryland on risks of unintended consequences [New York Post, and thanks for mention] And a Cato Daily Podcast on bail reform with Daniel Dew of the Buckeye Institute and Caleb Brown;
  • In Little Rock and elsewhere, police use of criminal informants creates disturbing incentives that can challenge both probity and accountability [Jonathan Blanks, Cato on Radley Balko account of Roderick Talley raid episode]
  • Call to scrap juries in UK rape trials (because they acquit too often) is met with criticism [Matthew Scott, Spectator]

Free speech roundup

Police roundup

Police and prosecution roundup

  • After parking lot shooting Pinellas County, Florida sheriff “claim[ed] his hands were tied by Florida’s Stand Your Ground law. But that is not true” [Jacob Sullum, Reason, more; David French, NRO]
  • Major USA Today story on origins of Baltimore’s devastating crime and murder wave [Brad Heath; Jonathan Blanks, Cato]
  • Related: in Baltimore’s Gun Trace Task Force police scandal, plea bargains punished the innocent [Capital News Service investigation by Angela Roberts, Lindsay Huth, Alex Mann, Tom Hart and James Whitlow: first, second, third parts]
  • California Senate votes 26 to 11 to abolish felony murder rule, under which participants in some serious crimes face murder rap if others’ actions result in death [ABA Journal, bill]
  • New Jersey’s reforms curtailing cash bail, unlike Maryland’s, seem to be working reasonably well [Scott Shackford; longer Shackford article on bail in Reason; earlier here, here, etc.]
  • “Miami Police Union Says Head-Kicking Cop ‘Used Great Restraint,’ Shouldn’t Be Charged” [Jerry Iannelli, Miami New Times]

Sentencing to serve symbolism: the Protect and Serve Act

Moving rapidly through Congress with bipartisan backing: “a new bill modeled after a federal hate crime statute would make it a crime to intentionally target a law enforcement officer based on his ‘actual or perceived status’ as one.” [Emanuella Grinberg, CNN]

I argued in 2015 that this idea is a very bad one, as well as unneeded, even at the state and local level. Beyond that, doing it as a federal enactment is of dubious constitutionality [Ilya Somin] More: office of Sen. Orrin Hatch (quoting Fraternal Order of Police chief Chuck Canterbury on bill’s being “modeled after the federal hate crime statute”). Killings of police in the line of duty declined last year and are at far lower levels than in the 1970s and 1980s, setting 50-year lows by some standards.

Police roundup

  • BBC on Baltimore police gun trace task force scandal [Jessica Lussenhop] Didn’t even bother using the real kind: “Baltimore Cops Carried Toy Guns to Plant on People They Shot, Trial Reveals” [Drew Schwartz, Vice]
  • Kentucky state police to media: do not put anything out about our investigations on social media “until OUR (KSP) press release is sent out.” Really? [Scott Greenfield]
  • “In unmarked cars, Orlando, Fla. officers box in car whose occupants are suspected of not wearing seatbelts; the driver drives off; the police catch up, ram the car, and shoot the driver dead. Allegation: Contrary to the officers’ testimony, the driver wasn’t about to run over an officer when he was killed; he couldn’t have, as the car’s engine had died after police rammed the vehicle. Eleventh Circuit: Qualified immunity. (H/t: Police4aqi.)” [John K. Ross, “Short Circuit”]
  • Police unionization may increase misconduct: “Our primary result is that collective bargaining rights lead to about a 27% increase in complaints of officer misconduct for the typical sheriff’s office.” [Dhammika Dharmapala, Richard H. McAdams, and John Rappaport via Jonathan Adler]
  • Dept. will publish accounts of misconduct investigations, but with names of officers omitted: “NYPD Argues They Simply Can’t Be More Transparent About Its Violent Cops” [Molly Osberg, Splinter News]
  • Michigan: “Seven Current and Former Police Officers Charged with 101 Felony Counts related to Fraudulent Auto Inspections”
    [Attorney General Bill Schuette]