Posts tagged Louisiana

Ihre Papiere, bitte

From Drug War Chronicle (2008-08-22): Feature: The Drug Checkpoint That Wasn’t — Louisiana Lawmen Play Fast and Loose with the Constitution:

In its 2000 decision in Indianapolis v. Edmond, the US Supreme Court held that the city’s effort to attack the drug trade by holding a checkpoint to look for drugs was an unconstitutional violation of the Fourth Amendment’s protection of the right to be free from unwarranted searches and seizures. But in the years since then, a handful of departments across the county, usually in the South, have brazenly trumpeted their resort to drug checkpoints.

The latest department to step into the breach was Louisiana’s Beauregard Parish Sheriff’s Office, which held such a checkpoint last Thursday night near the town of Starks. Following the lead of sheriff’s deputies, the local newspaper was all over the story.

Narcotics checkpoint a success, blared the headline in Monday’s Derrider Daily News story on the police action. The article went on to explain how, following complaints of drug dealing in the neighborhood, police decided to take action:

The Beauregard Parish Sheriff’s Office set up a Narcotics Checkpoint Thursday night near Starks, Louisiana, the local paper reported. Due to several complaints coming from the Fields area, the BPSO put together a joint operation with the help of Sheriff Ricky Moses and the DeRidder city police department. The operations utilized several BPSO deputies as well as the new Drug Interdiction team led by Detectives Dale Sharp and Greg Hill. Seven police units total were used for the operation in addition to four other units performing regular patrols.

The checkpoint resulted in three arrests for marijuana and hydrocodone possession, a quarter pound of marijuana being tossed from an unknown vehicle’s window, and a number of traffic citations.

If this really was a drug checkpoint, it is clearly unconstitutional, said Steve Silverman, executive director of the constitutional rights defense group Flex Your Rights.

Well, O.K., whatever. If you are ever hauled into court as the result of one of these checkpoints, that’s important information to have. But the problem is that cops are, as a rule, better at manipulating the court than you are; they are trained in how to exploit loopholes, how to manipulate people, and how to get cheap sympathy from judges and juries. As Silverman himself says:

If people went to court and fought it, the evidence would be dismissed — unless they consented to a search. The sheriff down there must know checkpoints like this are constitutionally questionable, but they can still ask people to consent, and they know how to phrase that request in such a way that people are likely to consent, he said.

The problem with these roadblocks and checkpoints by uniformed highwaymen, which impose blanket screening of ordinary people by police and which intimidate or force everyone to submit to interrogation and searches, treating anyone who happens to be on a particular road as a presumptive criminal, who needs to prove her innocence to the police in order to be left alone to go about her own business, based on no probable cause whatever — and all in order to find and imprison a handful of nonviolent drug traffickers, who are violating absolutely nobody’s rights, who are doing a peaceful and productive service for willing customers, whose only crime was to defy a senseless government prohibition on the kinds of chemicals that people may willingly put into their own bodies — the problem with that, I say, has nothing to do with whether these internal checkpoints and constrictions on peaceful people’s freedom of movement and security in their persons and effects, happen to be consistent or inconsistent with a fundamentalist reading of the words scribbled onto a 200-year-old piece of paper. The real problem is not that this kind of Ihre Papiere, bitte treatment is unconstitutional; it’s that it’s tyrannical. Tyranny is bad enough whether or not the Nine can be convinced that it can be excused on a legal technicality, and the reasons why are moral, not constitutional. Even when cops can invent absurd technicalities in order to convince a judge (who is always willing to be convinced that another State employee was acting within bounds) that their extraction of searches through intimidation, coercion, and the inevitable recourse to the threat of arbitrary arrest on any of the countless vague laws that nobody can possibly avoid violating in daily life, all somehow amounts to consent. And those of us who oppose the drug war, and the police state that has emerged in order to prosecute it, ought to be more clear and less timid about saying so. We don’t need The Law on our side to be right. If the Constitution allows that kind of brigandry and tyranny, then the Constitution itself is tyrannical. If the Constitution does not allow it, then it has been demonstrated as thoroughly as you please that the Constitution can do nothing effective to prevent it. In either case it is unfit to exist, and certainly undeserving of our deferential appeals.

In related news, holiday bloggers should keep in mind that there are only 7 more ranting days left before International Ignore the Constitution Day.

See also:

State of emergency

Border laws kill.

In a recent post, Stentor does a good job of explaining one of the (many) reasons why.

Second [of a couple immigration-related stories] is Border Patrol’s declaration and half-hearted not-quite-retraction of a policy of checking immigration status during natural disaster evacuations. The result is to make many Latin@s — including those with legal status up to natural-born citizen — reluctant to evacuate, either because they fear consequences for themselves (if I flee my house without my passport, I still have my skin and my accent, but others don’t have those advantages), or because of the consequences for their family and community members. So not only are people being unnecessarily exposed to natural disasters, they’re also being set up so they can be blamed for choosing to stay behind a la the poor black non-evacuees during Katrina. This links in to the sanctuary cities and Sheriff Joe issue in terms of making every occasion an occasion for checking people’s status, regardless of whether such singleminded focus on immigration enforcement undermines the government’s other duties. It also reveals an important aspect of disaster management — disasters intensify people’s interactions with the State. Complying with disaster management plans puts you in direct contact with police, the national guard, and other direct agents of state coercion, whereas failure to comply puts you wholly outside their protection (or even in direct opposition to them, as a possible looter). This would be fine, even beneficial, if you are on good terms with the state — if you trust it to be acting in your best interests. For people who have a longstanding antagonistic relationships with the state, however — such as people of color and immigrants — natural disasters are a prime occasion for the state to increase its pernicious interference. And all of this applies not just to the immediate disaster management (evacuation, etc.) but also to the longer-term recovery process.

— Stentor, debitage (2008-06-10): Deporting Valedictorians And Hurricane Evacuees

Read the whole thing.

(Via comments on feministe 2008-06-15.)

Cops are here to protect you. (#2)

(This story via Hear Me Roar 2008-02-20 and a private correspondent.)

Trigger warning: The police surveillance video, news story, photos, and text comments from freelance thugs, which this story reports on, may be triggering for past experiences of violence. (Note added 2008-03-18.)

Here is something that I wrote a couple years ago about the State and its efforts to protect the hell out of us all whether we want it to or not:

The State is, as Catharine MacKinnon says, male in the political sense. But not only because the law views women’s civil status through the lens of male supremacy (although it certainly does). It is also because the male-dominated State relates to all of its subjects like a battering husband relates to the household of which he has proclaimed himself the head: by laying a claim to protect those who did not ask for it, and using whatever violence and intimidation may be necessary to terrorize them into submitting to his protection. The State, as the abusive head of the whole nation, assaults the innocent, and turns a blind eye to assaults of the innocent, when it suits political interest — renamed national interest by the self-proclaimed representatives of the nation. It does so not because of the venality or incompetance of a particular ruler, but rather because that is what State power means, and that is what the job of a ruler is: to maintain a monopoly of coercion over its territorial area, as a good German might tell you, and to beat, chain, burn, or kill anyone within or without who might endanger that, whether by defying State rule, or by simply ignoring it and asking to be left alone.

— GT 2006-05-11: Quidditative essence

I didn’t mean the analogy between government protection and domestic violence quite this literally, but, well, here we are.

YouTube: Police officer beats woman severely in Shreveport

YouTube: ABC News on the video of Wiley Willis and Angela Garbarino

This is how government cops protect you: by beating the shit out of a suspect woman after she’s already been handcuffed, turning off the camera so that they won’t be caught on tape doing it, and then claiming that the reason she ended up lying a pool of her own blood in the middle of the room, with two black eyes, a broken nose, and missing teeth, was that she tried to leave the room and fell and hurt herself in the process. He didn’t do it, and besides, even if he did, she was belligerent (which, since there’s no evidence of her trying to use physical force against the cop at any point, is cop-speak for mouthing off).

Here is a photo of the injuries to Angela Garbarino's face, including a broken nose, cuts on her cheek, two huge black eyes, and bruises around her mouth.

She fell.

Please note that the explicit reason for this violent creep handcuffing her, slamming her up against the wall, and then beating the hell out of her was that there are rules you have to follow (where there are is cop-speak for I make, and you have to means or else), which rules absolutely require that you keep her in a tiny room no matter what, by any means necessary, and don’t set aside your paperwork for even a moment so that she can call somebody to let them know where she is. No matter how easy it would be for you to do so, and no matter how quickly that would de-escalate an extremely stressful situation.

Please also note that, because Wiley Willis is a cop and his victim, Angela Garbarino, is not, so far the only consequences that this violent sociopath — who had already been named in at least two unrelated brutality complaints in the past two years — is that he was given a paid vacation for three months, and then finally lost his job after an administrative hearing. But in the view of other Shreveport cops, Willis deserves this proverbial walk around the block because After reviewing the evidence, we decided it was something that needed to be handled internally and that it was not enough to pursue criminal charges. Nowadays, thanks to the concerted struggle of our feminist foremothers to reform the police and courts’ handling of violence against women, if any man who didn’t sport a badge and a uniform had been alone in a closed room with a woman who ended up getting hurt so bad she needed to be hospitalized, with a video clearly showing him shoving her around, handcuffing her, slamming her against the wall, and then deliberately turning the tape off up until she ended up bruised and bleeding, that man would be in jail right now on charge of assault and battery. Even without such comprehensive evidence almost any court would long ago have issued a restraining order against the violent pig. I’ll bet that there are a lot of people in Shreveport who wish they could get one of those against Wiley Willis and the paramilitary force that employed him.

Meanwhile, the mainstream news media, while Very Disturbed, are still willing to call this videotaped brutality a classic case of he-said / she-said, and the Fraternal Order of Pigs and Willis’s lawyer are trying to get him put back on the force.

In the YouTube comments thread, you can find the usual sado-fascist bully brigade of police enablers, one of whom summarizes the situation as follows:

She was very cooperative when the officer was polite to her and did not yell or demand anything…Yah right! Saying the word Miss and Mam didnt do any good. She decided to get drunk and stupid, not follow directions, would jerk away,and thought she was in charge. When she got arrested she needed to shut her cock-holster! The officer cant make her take the test. All he had to do was state she refused to take the test and be done with it. She got the best of him because now she will get paid.

Another adds:

she’s a woman. act like a lady or get treated like a man. she got much better treatment than a man would even after she kept disobeying

His conclusion (and I am quoting): the b(((* was asking for it.

Back in Ohio, here’s how newspaper epistolator William McClelland, of Lake Township, responded to Bonnie Yagiela’s letter on the police’s beating and gang-rape of Hope Steffey, in which Yagiela stated that I was disgusted and appalled but not surprised. The behavior they displayed is typical of humans placed in a position of power and authority over others. McClelland replies:

I wasn’t there, nor have I ever been to Abu Ghraib; therefore, I am not qualified to offer expert analysis as to the events that occurred at either. However, I do know that making generalizations about humans placed in a position of power and authority over others is grossly unfair to the many who serve our nation.

… Maybe the handling of Ms. Steffey was not properly conducted; maybe it was. I don’t know. I wasn’t there. I do know that Sheriff Swanson has requested outside assistance from the Ohio attorney general’s office in investigating the incident, and I am willing to await its findings before I make judgment.

Should the investigation prove that the deputies involved did abuse their authority, I will then consider them responsible individually. I will not hold every human being in a position of authority, or every deputy in the sheriff’s office, accountable for the actions of a few.

McClelland’s position on the particular case — which he fraudulently passes off as a critical suspension of judgment, when in fact it is nothing more than overt denialism toward obvious abuse captured on film — is objectionable enough by itself. But what’s even more foolish, and extremely dangerous in the long run, is the notion that a tightly-organized class of people, who exercise such a tremendous advantage over the rest of us in both physical force and legal power, ought to be given every benefit of the doubt when they’re accused of hurting people that they willingly chose to put under their legally-backed and heavily-armed power, and that the basic institutional structures which back up their power cannot be called into question without unfair generalization or stereotyping. When every fucking week brings another story of a Few More Bad Apples causing Yet Another Isolated Incident, and the police department almost invariably doing everything in its power to conceal, excuse, or minimize the violence, even in defiance of the evidence of the senses and no matter how obviously harmless or helpless the victim may be, it defies reason to keep on claiming that there is no systemic problem here. What you have is one of two things: either a professionalized system of control which tacitly permits and encourages cops to exercise this kind of rampant, repeated, intense, and unrepentant abuse against powerless people, or else a system which has clearly demonstrated that it can do nothing effectual to prevent it. In either case, it is unfit to exist.

Further reading:

Privateering illustrated

Homeland Security for Sale

This sort of thing is precisely what state Leftists constantly use to indict privatization, and extend into a general denunciation of free market ideology — even though it’s actually just government outsourcing, not free markets, and even though the obvious recklessness, criminal incompetence, nepotism, cronyism, corruption, and brigandry of the private-public partnerships in question are all the direct and obvious result of the way in which these contractors are still firmly attached to the political processes of expropriation, redistribution, and sovereign immunity within a bureaucratic, monopolistic State apparatus. In short, a perfect illustration not of free markets or the socialization of the means of production, but of the crudest and most ruinous forms of tax-funded privateering.

Men in Uniform

Somewhere in Alabama, an all-male gang of elite cops from New Jersey spent some down-time from protecting and serving by getting off on sexy drunken displays of power and violence.

HOBOKEN, N.J. — The Hoboken Police Department’s SWAT team has been disbanded, just days after officials learned of racy photos showing the unit’s commander and other officers cavorting with waitresses from a Hooters restaurant in Alabama.

Judging from the selection from the photo slide show, it seems that these photos involve more than just a trip to Hooters, and include some that are more explicit than just racy.

On the same day Hoboken’s new public safety director was sworn in, he gave the city’s police chief orders to disband the SWAT team and to order the lieutenant at the center of the controversy to desk duty.

After seeing the photos of Lt. Angelo Andriani and other members of the Hoboken police SWAT, newly appointed Public Safety Director Bill Bergin said he had to act decisively.

Bergin listed his reasons for disbanding the SWAT team in a phone interview with Newschannel 4’s Pei-Sze Cheng: The brazenness of the whole situation, because everything in the photographs, which I was shocked at, had Hoboken all over it, from the uniforms, to the police car, the bus that was involved.

Bergin ordered the police chief to disband the SWAT team and to have Andriani return from his extended vacation and assign him to desk duty immediately.

The photos were taken last year on a return trip from Louisiana, where the Hoboken officers helped with the Hurricane Katrina relief effort.

They show the waitresses holding shotguns and other weapons belonging to officers under Andriani’s command.

— WNBC (2007-11-16): N.J. SWAT Team Disbanded After Racy Hooters Photos Emerge

Elsewhere in New Jersey, another man in uniform, Anthony Senatore, used his power as a professional narc to extort sexual favors from a woman he’d pressured into becoming a drug informant. Then, after she tried to put a stop to it, he stalked her, forced his way into her house, and raped her. After his victim filed a lawsuit, Senatore was reassigned to a desk job. Although the boss cops and everybody else do concede that Senatore repeatedly exploited his position to coerce sex from the woman, the state A.G. has decided to sweep it under the rug and declined to prosecute on the rape charge. This, apparently, is what passes for having found no wrongdoing on the officer’s part in the eyes of the (male) mayor and the (male) police chief.

JACKSON — The state Attorney General has decided not to prosecute a police detective who is accused, in a civil lawsuit, of raping a drug informant in 2005 and impregnating her with a son who was born eight months later, township officials confirmed Wednesday. Advertisement

The lawsuit filed last year by the informant, identified only as Jane Doe, still is pending in federal court. However, Mayor Mark A. Seda said Wednesday that the attorney general’s decision exonerates Officer Anthony Senatore.

Apparently they found no wrongdoing on the officer’s part, Seda said, adding that Senatore remains on the Jackson force but is no longer a detective.

… According to the lawsuit, Senatore enlisted Jane Doe in April 2005 as a drug informant, in exchange for money and prosecutorial considerations for her children and estranged husband, all of whom have been investigated by the Jackson police.

But soon after Jane Doe became an informant, the detective’s behavior changed, according to the suit.

By means of intimidation, threat, harassment, coercion and/or promises of judicial and prosecutorial consideration for plaintiff and her family, Senatore repeatedly propositioned and solicited plaintiff for sexual relations from late April through July 2005, the suit alleges.

During that time, he had sex with her in her home, in police vehicles and in wooded locations in and around Jackson, according to the suit.

When Jane Doe tried to break off the relationship, Senatore’s deviant, predatory behavior intensified, culminating in a savagely brutal rape in her home on July 25, 2005, according to the suit. As a result of that rape, the plaintiff became pregnant and gave birth to a son March 26, 2006, according to the suit.

The suit accuses the township, the police department and then-Public Safety Director Samuel DiPasquale of permitting and encouraging police officers, including Senatore, to sexually harass and have sex with female informants, female defendants and other women they encountered while on duty.

In case you were curious, this is how seriously the boys in blue take their job of protecting you and me from all the weirdoes and creeps running around out there:

Shortly after the suit was filed, Senatore was removed from the detective bureau and placed on administrative duty where his only responsibilities included paperwork, the mayor said.

… Senatore is now back in circulation as a patrolman, though, because the police department is short staffed, Seda said. He did not know whether the officer will be reinstated to the detective bureau.

But don’t worry. They are seriously concerned about how this predator’s pattern of bullying, sexual harassment, sexual coercion, and rape against a woman substantially under his legally-backed power — which they dignify as a relationship with an informant — will adversely affect their P.R., and maybe a court case. Senatore may be back patrolling the streets, but hey, they might consider adding a couple of clauses to their internal policies.

When an officer’s character is in question, it puts us at risk, Seda said. We didn’t want to give any criminal a loophole to get out of charges.

… With the Attorney General’s investigation complete, the town and the police department are looking into how Senatore was able to take advantage of his job and engage in a relationship with an informant [sic], Seda said.

That’s certainly something we wouldn’t want to see happen again, the mayor said. We’re looking at our policy internally to see what we can do to prevent that.

— Fraidy Reiss, Asbury Park Press (2007-11-08): Detective won’t be prosecuted; Detective won’t be prosecuted

(Stories via Lindsay Beyerstein 2007-11-17 and ACLU Blog 2007-11-17.)