“Motorists caught speeding in Peninsula, Ohio, have options: They can pay with Visa, Mastercard, Discover, or PayPal. But if they want to dispute a ticket, the flexibility ends.
Before vehicle owners can appear in municipal court to defend themselves, they must pay a $100 “filing fee.” No exceptions. No discounts. No deferrals. It’s the cost of admission—roughly the same as a one-day ticket to Disneyland.
Many drivers skip the expense and plead guilty, which works well for Peninsula. In just the first five months after launching a handheld photo radar program in April 2023, this village south of Cleveland generated 8,900 citations and $560,000 in revenue. That’s an average of about 1,800 citations and $110,000 in revenue per month.”
“If the Ninth Circuit applies that same reasoning after it hears the case this week, it would deal a serious blow to the Fourth Amendment’s privacy protections in other contexts. In effect, that would say that as long as law enforcement has at least one legitimate reason for cracking open the safe deposit boxes, agents of the state are free to engage in all manner of rights violations without the targets having any legal recourse. It would be equivalent to saying that if the owner of a parking garage is suspected of a crime, all the cars (and the contents of those cars) stored there could be forfeited by the government.
“If the FBI can get away with this here, it’s a green light for the government to try the same ruse again throughout the country,” warns Johnson. “And it’s not just safe deposit boxes. The government could pull the same trick with storage lockers, hotels, even apartment buildings.””
“The move is part of a growing trend. Over the last decade, other large police departments in Chicago, Baltimore, Washington, D.C., and Portland have all encrypted their radio communications or are planning to do so. Departments say broadcasting in the clear gives criminals advance warning. Beltran said encryption would also protect the information of crime victims and block pranksters who jam up NYPD frequencies. (The NYPD regularly leaks information on arrestees and even victims for political purposes.)
However, scanner enthusiasts, news organizations, and elected officials complain that encrypted radio is cutting off a longstanding and useful source of information on police activity.”
“Texas border enforcement cops killed 74 people and wounded almost 200 more during vehicle chases over a 29-month period, according to a report released yesterday by Human Rights Watch. The chases occurred as part of Operation Lone Star, a controversial program that has spent over $10 billion in taxpayer funds to militarize Texas’ border with Mexico.
Operation Lone Star (OLS), which was launched in March 2021 by Gov. Greg Abbot, has devoted a tremendous amount of taxpayer dollars to increasing Texas’ border security, often using extreme tactics. Recently the program came under fire for using razor wire and blade-topped buoys on the Rio Grande in an attempt to keep out migrants.”
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“According to the report, Texas Department of Public Safety troopers working under Operation Lone Star frequently engage in unnecessary vehicle chases and other dangerous driving maneuvers when attempting to make arrests. As a result, unnecessary police chases have increased by as much as 1,000 percent in some Texas counties.”
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“In all, from March 2021 to July 2023, 74 drivers, passengers, or bystanders were killed in these chases, and 189 more were wounded. Those killed include seven bystanders, including a 7-year-old girl and her 71-year-old grandmother.”
“”Following the Sept. 11, 2001, terrorist attacks, FBI agents unsuccessfully attempted to pressure a group of innocent Muslims, including Muhammad Tanvir, to become informants for the Bureau,” notes the Institute for Justice (I.J.), which filed an amicus brief in Tanvir v. Tanzin. “Tanvir and the others—who were all either American citizens or lawful permanent residents—declined to become informants, because doing so goes against their sincerely held religious beliefs. FBI agents then harassed the group and placed them all on the No-Fly List.”
The Center for Constitutional Rights acts as co-counsels for the plaintiffs alongside the CUNY School of Law’s CLEAR Clinic. They sued under the Religious Freedom Restoration Act (RFRA) on the grounds that the plaintiffs’ Muslim faith forbids them to inform on coreligionists. The defendants—FBI agents who put Tanvir and the other plaintiffs on the no-fly list—protested that the RFRA doesn’t provide for monetary damages against government officials who violate rights, but the U.S. Supreme Court ruled otherwise in an important 2020 decision written by Justice Clarence Thomas.”
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“In 2021, The Intercept’s Murtaza Hussain wrote about Aswad Khan’s mistreatment by the FBI when he refused to be an informant. That same year, Ahmad Chebli, a U.S. citizen, described a similar ordeal.
“Agents threatened my family and me,” he wrote. “They said that if I didn’t agree to become an informant, my family would be investigated, my wife and I could be arrested, my children could be taken away, and my wife’s immigration status could be at risk.”
Chebli was finally removed from the No Fly list after the ACLU sued on his behalf.
Watchlists aren’t supposed to be used this way. In 2014, a federal district judge declared the byzantine process for people to challenge their inclusion on the no-fly list unconstitutional and ordered better guarantees of due process. But as Chebli’s case demonstrates, it’s easy for the government to put people on the lists and then pull them off years later only after they’ve gone through the hassle and expense of filing a federal lawsuit—if they ever do. With no further consequences, that leaves administrative tools like the No Fly List available for ongoing abuse.”
“A federal judge on Friday permanently banned Arizona from enforcing a new law restricting how closely people may film police, finding that the law violates a core First Amendment right to record law enforcement officers.”
“The FAIR Act sets a higher bar for seizing private property, but still allows for civil forfeiture in the absence of a criminal conviction. The legislation requires:
“If the Government’s theory of forfeiture is that the property was used to commit or facilitate the commission of a criminal offense, or was involved in the commission of a criminal offense, the Government shall establish, by clear and convincing evidence, that…there was a substantial connection between the property and the offense; and the owner of any interest in the seized property—(i) used the property with intent to facilitate the offense; or knowingly consented or was willfully blind to the use of the property by another in connection with the offense.”
The bill requires that seizures be conducted in court rather than through administrative processes and also guarantees legal representation for federal forfeiture targets.
The FAIR Act isn’t a perfect bill. Many reformers will object that forfeiture should require the criminal conviction of the person whose money and property is being taken. Draining somebody’s bank account and nabbing their car keys may not be as dramatic as throwing them in a prison cell, but it’s a harsh punishment all the same and should require full due process. Still, some improvement is better than none for a practice that has largely served as an exercise in legalized highway robbery.”
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“”Police abuse of civil asset forfeiture laws has shaken our nation’s conscience. Civil forfeiture allows police to seize — and then keep or sell — any property they allege is involved in a crime,” the ACLU points out in a summary of the practice. “Owners need not ever be arrested or convicted of a crime for their cash, cars, or even real estate to be taken away permanently by the government.””
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“”Civil asset forfeiture—which allows the government to take property supposedly linked to crime without charging, let alone convicting, the owner—exploded after Congress started letting law enforcement agencies keep the loot in the mid-1980s,” Reason’s Jacob Sullum wrote in 2015. “Many states followed the federal government’s example, giving police and prosecutors a financial interest in forfeiture by awarding them anywhere from 45 percent to 100 percent of the money it generated.”
That empowered a powerful bloc supporting the status quo at the state and federal level, and it’s not shy about calling out opponents. In Missouri, supporters of forfeiture reform were labeled “anti-police and soft on the war on drugs,” St. Louis Public Radio reported in 2019. That was enough to scare away many lawmakers who traditionally defer to cops and prosecutors.”
“Cops have long partnered with dogs, claiming they help keep officers safe. But a study published in January suggests that police do just as well without canine colleagues.
In 2020, Salt Lake City suspended the use of police K9 units after The Salt Lake Tribune published body camera footage of an officer ordering his dog to bite a 36-year-old black man who was on his knees with his hands in the air. That abrupt policy shift gave researchers at the University of South Carolina, the University of Utah, and Clemson University a chance to test claims about the benefits of police dogs.
Police say dogs help find hidden suspects, deter resistance, protect officers, intimidate potentially violent crowds, and improve public relations. But the researchers, who reported their findings in the Journal of Experimental Criminology, found that the “sudden suspension of K9 apprehension was not associated with a statistical increase in officer or suspect injury, or suspect resistance, during felony arrests.” The authors concluded that restricting or eliminating police K9s is “unlikely to impact aggregate officer or suspect safety negatively.””
“Bianca Clayborne and Deonte Williams were driving through rural Tennessee with their five young children when they were pulled over. When police found 5 grams of marijuana in the car, Williams was arrested and the five children were seized by local child protective services. One month later, the couple is still fighting to regain custody of their children.”
“”The misuse of forfeiture funds is shockingly common because civil forfeiture is inherently abusive and non-transparent,” said I.J. Senior Legislative Counsel Lee McGrath. “In just the past few years, we’ve seen a Pennsylvania deputy steal $200,000 from a safe, a Michigan prosecutor embezzle $600,000 in funds, and widespread problems with forfeiture reports in states like Kansas and Oklahoma.”
Notably, Cox’s personal redirection of forfeited assets was discovered in the course of a U.S. Justice Department audit of money acquired through civil asset forfeiture by the Albany County Sheriff’s Department and the Albany County District Attorney. That is, the feds suspected that the departments as a whole were misusing seized property and cash and accidentally discovered the business office manager’s personal pilfering in the process.”