Tag Archives: arrest

Oklahoma Action Alert! SB618 DNA Collection Before Conviction

dna prison

Kaye Beach

March 6, 2012

SB618 by Sen. Clark Jolley and Rep. Leslie Osborn will be heard as early as today tomorrow in the OK Senate.

SB618 would require mandatory collection of your DNA following arrest for felony and even some misdemeanor offenses. 

If there is a reasonable suspicion that the arrestee is connected to other crimes, law enforcement can get a warrant for the sample.  Collecting and databanking of DNA on arrestees as a matter of course and not upon any particular suspicion of a connection to a specific crime, negates the principle of innocent until proven guilty which is the cornerstone of our justice system.

The original mandate of DNA databases – to record genetic markers from convicted offenders, on the dual theories that convicts are;

1) likely to reoffend

And

2) their diminished expectation of privacy legitimizes the search.

The expansion of circumstances from which DNA can be collected, analyzed and indexed to people arrested but not convicted of a crime goes well beyond the purpose and intent of creating a criminal DNA database

Please Contact your Senator and ask them to please VOTE NO! on SB618.

e-mail block.  Use bcc and send out one e-mail;
aldridge@oksenate.gov, allen@oksenate.gov, anderson@oksenate.gov, ballenger@oksenate.gov, barrington@oksenate.gov, bass@oksenate.gov, bingman@oksenate.gov, boggs@oksenate.gov, branan@oksenate.gov, brecheen@oksenate.gov, brinkley@oksenate.gov, brooks@oksenate.gov, brownb@oksenate.gov, burrage@oksenate.gov, coates@oksenate.gov, crain@oksenate.gov, dahm@oksenate.gov, david@oksenate.gov, ellis@oksenate.gov, efields@oksenate.gov, fordj@oksenate.gov, garrisone@oksenate.gov, griffin@oksenate.gov, halligan@oksenate.gov, holt@oksenate.gov, ivester@oksenate.gov, johnsonc@oksenate.gov, johnsonr@oksenate.gov, jolley@oksenate.gov, justice@oksenate.gov, loveless@oksenate.gov, marlatt@oksenate.gov, mazzei@oksenate.gov, mcaffrey@oksenate.gov, newberry@oksenate.gov, paddack@oksenate.gov, schulz@oksenate.gov, sharp@oksenate.gov, shaw@oksenate.gov, shortey@oksenate.gov, shumate@oksenate.gov, simpson@oksenate.gov, sparks@oksenate.gov, standridge@oksenate.gov, stanislawski@oksenate.gov, lewis@oksenate.gov, treat@oksenate.gov, wyrick@oksenate.gov,

Senate Members http://www.oksenate.gov/Senators/Default.aspx?selectedtab=0

Here is the letter I wrote to the Senators;

Dear Senator,

Our DNA contains our most private information.

SB618 would require mandatory collection of your DNA following arrest for felony and even some misdemeanor offenses. Our Constitution guarantees your right to be presumed innocent until proven guilty.  Taking DNA prior to conviction is a warrantless search.   If there is a reasonable suspicion that the arrestee is connected to other crimes, law enforcement can get a warrant for the sample.

One of those *misdemeanor offenses that SB618 would require a DNA sample for is for urinating in public (outraging public decency) It ought to be a banner opportunity for bolstering the *CODIS system with DNA samples from harmless Oklahoma college kids.  And that is exactly the purpose of SB618-to populate the CODIS database in the hopes of raising the number of hits on unsolved crimes.

*The Combined DNA Index System (CODIS) is a software system that  allows for state, local and federal authorities to share DNA profile information.

*See page 26 SB618 for a complete listing of offenses that will require DNA sampling and inclusion into the CODIS database.

Right now the Supreme Court is debating a case (Maryland v. King, 12-207) that may overturn as many as 29 state and federal laws that allow the collection of DNA samples when a person is arrested.  The Court’s decision on this case will be rendered in June of this year.

The original mandate of DNA databases – to record genetic markers from convicted offenders, on the dual theories that convicts are;

1) likely to reoffend

And

2) their diminished expectation of privacy legitimizes the search.

The expansion of circumstances from which DNA can be collected, analyzed and indexed to people arrested but not convicted of a crime goes well beyond the purpose and intent of creating a criminal DNA database

Whether or not collecting DNA samples from arrestees is an effective way to solve crimes is a moot point.  The ends do not justify the means.

On this point Supreme Court Justice Scalia agrees;

“I’ll bet you if you conducted a lot of unreasonable searches and seizures, you’d get more convictions, too,” Scalia said. “That proves absolutely nothing.”

Source: Bloomberg, February 26, 2013, DNA Collection Questioned as Court Weighs Privacy Rights http://mobile.bloomberg.com/news/2013-02-26/dna-collection-questioned-as-court-weighs-privacy-rights.html

This bill should receive a NO vote on its lack of constitutional merit alone.

But if that isn’t enough for you, there is more to consider. Once we cross the threshold of DNA collection prior to conviction and without a warrant what is next?

I will let Greggory LaBerge, Director, Crime Laboratory Bureau, Denver Police Department tell you exactly where we are heading.

“I’ll give a brief talk on forensic genetics of DNA database expansion, and specifically the CODIS database as it sits today, and where we think it will go in the future.

. . . We talk in the near term about how this database can be expanded. . . .There are states also looking at all arrestees legislation. . .”

Source: GENETICS AND PUBLIC POLICY CENTER AT JOHNS HOPKINS UNIVERSITY “A PERFECT MATCH? DNA IN LAW ENFORCEMENT” http://www.dnapolicy.org/resources/GenePOPSforensics_transcript.pdf

SB618 is a critical step towards mass DNA databasing of non-criminal
citizens and  DNA familial searches.  Eventually the ‘vision’ is DNA samples for roadside traffic stops, and merging our property records and financial profiles, workand medical history files, demographic data along with other biometric data including DNA.

The ultimate goal is a universal database of DNA profiles thatcan be used to predict our propensity for criminal behavior before any crime is committed.

Don’t believe me?   Believe Director LaBerge.

Source: The Forensic Genetics of DNA Database Expansion http://www.dnapolicy.org/resources/LaBerge-National_Press_Club_07.pdf

LaBerge lays out law enforcements vision for the CODIS DNA database;

Near Term DNA database Expansion (slide 8)

  • All convicted felons-current
  • All felony arrestees-currently expanding
  • All arrestees
  • Some misdemeanors

He lists the following near term desired uses of the CODIS DNA databases in the United States (slide 19)

  • Familial DNA searches
  • All military personnel DNA collected (now) and run (later) and searched against national CODIS as condition of enlisting
  • DNA databases based on privilege like DNA from teachers, driving, government and law enforcement jobs etc.

And eventually- (slide 21)

Relational databanks-biometric data merged with:

– DNA,

– fingerprints,

– photos,

– vehicle registrations,

– facial and body index/structure characteristics,

– Accurate ethnicity, race prediction

– demographic data,

– work and medical history,

– financial profiles,

– behavior modeling

– Criminal history,

By 2022 LaBerge predicts (slide 22);

laberge outer limits 1

  • Rare allele databases that relate genotype to geographical data
  • Predictive databases for crime propensity
  • Integrated police forensic intelligence databanks
  • Medical condition databases and DNA markers that characterize conditions-Research database access?
  • Roadside DNA profiling at every police stop
  • Universal databases

Read more Envisioning the future of the CODIS DNA database final

SB618 is moving us closer to this dystopic future.  Forced DNA testing should stop with people convicted of crimes.

Please vote NO on this unconstitutional and inhumane bill!

Oklahoma Insurance Department spends $180K on guns, police vehicles

swat 2Kaye Beach

Nov. 30 2012

 

Reported today by Sean Murphy, AP;

 

The Oklahoma Insurance Department spent more than $180,000 on high-tech shotguns, bulletproof vests and seven police-package vehicles that agency officials say were needed as part of its expanded focus on criminal insurance fraud.

But the purchases have raised eyebrows among some lawmakers who question why the agency’s nine-member anti-fraud unit — which primarily investigates white-collar crimes — needs equipment typically used by police officers and SWAT teams.

“I don’t think Oklahomans as a whole are going to relish the day when their neighborhood is full of official police-package insurance department police cars as they’re executing an arrest on a guy who did a fraudulent insurance claim,” said Rep. Jason Murphey, R-Guthrie . . . “For the life of me, I never could come to grasp with why the Insurance Department couldn’t take a local sheriff’s deputy, or someone responsible to the local community, with them when they do these arrests,” he said.

According to Insurance Department records, the agency this year purchased five 2012 Dodge Chargers for $23,590 each and two 2013 Chevrolet Tahoes for $26,505 apiece, each outfitted with police packages that include stiffer suspensions and wiring for additional communications equipment.

The agency also purchased seven Remington pump-action shotguns for $699 each, along with seven mountable shotgun lights that cost $203 apiece and seven bulletproof vests that cost $625 each.

Read More

Britain’s Police State: London arrests based on CCTV identification

Britain’s Police State: London arrests based on CCTV identification. Britain adopts Chinese model of policing protest?
by Nathan Allonby

CCTV has led to large scale arrests, following the recent student protests in London, over increased tuition fees. A total of over 180 people have been arrested, with the majority identified by CCTV.

The current arrests very much represent a landmark – we are now equipped for the Chinese approach to public order, in almost a complete reversal previous British policing.

The power of the new system is based on the ability to track down individuals at leisure. However, this ability could be used as easily to track anyone, in “political policing” of lawful democratic activity.

More than 180 people have been arrested by police investigating rioting during the series of protests against rising student tuition fees.
Senior officers said the vast majority of the 182 suspects were aged between 17 and 25 and have never been involved in violence or criminal acts before.
Detective Chief Superintendent Matt Horne, who is leading the inquiry, said he expects the figure to grow considerably as 80 officers comb through video footage.

Speaking at New Scotland Yard… he said the inquiry could take months to complete. … “What struck me is the number of people arrested who did not go that day with necessarily any intention of committing any violent action.”

Evening Standard, London

Police had been criticised for their handling of the protests, particularly the tactic of “kettling“, where large groups – hundreds – of demonstrators were confined for several hours and not allowed to leave until late at night. It was argued that this tactic actually caused violence, and punished many who had done nothing wrong. Similar criticisms were made when this tactic was used at the G20 protests in London last year.

Here is the contrast: – previously, almost all the arrests would have taken place at the scene, to remove trouble-makers from the fray, to de-escalate the situation, not afterwards, to “settle scores“. Now, everything has changed.

The combination of these two new tactics – containment and surveillance – has parallels with handling of large disturbances by Chinese authorities: – rather than attempt to make arrests at the scene, the police merely contain the disturbance to limit any damage; CCTV photography is used to identify individuals within the crowd, who are then arrested later, at their homes.

The use of CCTV in China, to identify protestors, dates from at least 1989 : -

[Box 3:] “Neutral” Technology at Tiananmen Square

Following the Tiananmen Square massacre in 1989, the Chinese authorities tortured and interrogated thousands of people in an attempt to identify the demonstration’s organizers. But even if the students and workers had resisted the terrors of the secret police, the hapless demonstrators stood little chance of anonymity. Stationed throughout Tiananmen Square is a network of UK manufactured surveillance cameras, designed to monitor traffic flows and regulate congestion. These cameras recorded everything that transpired in the months leading up to the tanks rolling into the square.
In the days that followed, these images were repeatedly broadcast over Chinese state television. Virtually all the transgressors were identified in this way. Siemens Plessey, which manufactured and exported the cameras, and the World Bank, who paid for their installation, claim they never had any idea that their “technologically neutral” equipment would be used in this way. However, in 1995 the World Bank authorized the funds to set up the same traffic flow system in Lhasa, the capital of the Tibet Autonomous Region. Lhasa is not, as yet, known for having problems with traffic congestion; besides, the area in which the traffic flow system is in operation is solely for pedestrians. (56)

 

Is it valid to make a comparison between Britain and China? After all, the people arrested in Britain allegedly were involved in violent disorder and British government is not going to torture them.

Read More

DNA for Dollars: Oklahoma and the US Congress, HR 4614

Read the bill

http://thomas.loc.gov/cgi-bin/query/z?c111:H.R.4614:

Bad Boys OKC PD Officer Arrested

OKC Police Officer Arrested

Investigators: Drunken Suspect Kicked Out Window

POSTED: 11:41 am CST January 4, 2010
UPDATED: 2:13 pm CST January 4, 2010

OKLAHOMA CITY — An Oklahoma City police officer is on paid administrative leave after being arrested on suspicion of public intoxication.A police spokesman said Sgt. Mike Dawson was arrested early New Year’s Day after a Logan County deputy found him walking near Waterloo Road and Western Avenue. Police said Dawson was wearing a T-shirt and shorts in below-freezing temperatures.

Read More;

http://www.koco.com/news/22120048/detail.html

Bellvue and Thorazine to Free You from Your First Amendment Addiction

blacksheep

BLACK SHEEP AWARD

Veteran libertarian civil rights activist Julian Heicklen calls it “an out-and-out kidnapping” when Homeland Security Police forcibly transported him to a hospital where he was injected with Thorazine against his will.

It began shortly after Heicklen arrived at the US District Courthouse in New York City for the third Monday in a row to pass out pamphlets to prospective jurors.

The pamphlet, produced by the Fully Informed Jury Association (FIJA) entitled “A Primer for Prospective Jurors” informs jurors of their right to judge the law and its application as well as the facts in a case, regardless of the judge’s instructions to the contrary.

As in the past, (Jury activist arrested for exercising First Amendment rights) Homeland Security police told him he couldn’t do that on federal property and ordered him to leave. As in the past, Heicklen explained that the First Amendment recognized his right to do what he was doing.

Then, as Heicklen tells it in his email report to supporters, “One of them said that I was under arrest, get his hands behind his back and handcuff him.”

As Heicklen always does when faced with arrest, he dropped to the ground and went limp and silent.

In the past, he was arrested, handcuffed, placed on a gurney and transported to a hospital where he was examined and eventually released in time to be home later the same day.

(Full accounts of this and his first two trips to Manhattan can be read on the New Jersey Libertarian Party website.)

But this time something different happened. “I remained in that position for over an hour,” Heicklen says, “before I was lifted onto a gurney and strapped securely. I was never handcuffed nor received a citation or summons. It was an out-and-out kidnapping.”

At Bellevue Psychiaytric Hospital he remained nonresponsive to questions.

Around 3:00 PM, radio reporter Chris Goldstein called to say that he would start the publicity rolling.

After 4:00 PM or so, Heicklen continues, “I made a fuss to see someone in charge, so that I could either be released or brought in front of a magistrate. My requests were ignored, and became more persistent. Against my wishes four attendants grabbed me and gave me a shot of Thorazine to calm me down. It worked, I got an excellent night’s sleep.”

Read More;

http://www.examiner.com/examiner/x-26370-Libertarian-News-Examiner~y2009m11d4-Libertarian-freedom-activist-forcibly-hospitalized-and-drugged

Apparently, It’s Not America Anymore…in America

fascism

What is the definition of Fascism?

From the point of view of a Virginian with a protest sign and a camera, he personally witnessed it.

Apparently, his sign containing a parody image of President Obama offended a police officer stationed outside the grounds of a school. The sign-bearer was attempting to attend the townhall on health care reform organized by Democratic Congressman Jim Moran.

I tend to agree with the fellow with the camera…looks like fascism to me, too.

originally posted on Stubborn Facts here

Texas City Councilman Arrested for Opposing Red Light Cameras

Texas: City Councilman Arrested for Opposing Red Light Cameras

**highly relevant post-public safety v. revenue enhancement http://axiomamuse.wordpress.com/2009/06/06/stop-making-sense-real-red-light-running-solutions/
Duncanville, Texas mayor silences anti-camera councilman by having him arrested.
http://www.thenewspaper.com/news/27/2745.aspThe mayor of Duncanville, Texas had a member of the city council arrested last Tuesday for speaking out against the use of red light cameras during an official meeting. The incident took place during the discussion of whether the city should spend $59,000 to make street repairs. Mayor David Green recognized Councilman Paul Ford to speak on the contract item.

“Thank you,” Ford said. “I want to let you know that earlier this evening during briefing, Mayor Green threatened me that if he told me to stop talking and I didn’t, he’d have me arrested, and I want to let you know what I told Mayor Green.”

Green became outraged and shouted, “Mr Ford, you are out of order. You are not recognized Mr Ford. You need to cease right now.”

While Green yelled, Ford continued his brief statement without stopping.

“Unlike those thousands of people who are getting red light camera tickets, I will have the opportunity for a jury trial. It will be a jury of my peers and I will confidently put my fate in their hands. And now I’m going to discuss agenda item number three. I will vote against it, and here’s why.”

Before he had a chance to explain that the city could find the money for those necessary street repairs by cutting the city manager’s salary from $179,000 to $160,000 and reducing payments to local chambers of commerce by $40,000, Police Chief Robert Brown grabbed Ford. Ford repeated several times the statement: “Chief Brown, I will not leave voluntarily, but if you believe I am violating the law by discussing this agenda item, I will submit to arrest.”

Brown did not respond. Mayor Green had the audio of the city council video tape turned off as Brown dragged the councilman out of the chamber. Ford ended up hospitalized from injuries sustained during the arrest.

Ford’s comments referenced an earlier, private briefing of city council members where the mayor complained that Ford had attempted to “take control” of past meetings. To stop this, Green announced that he would instruct the city manager to remove any council member who disrupted a meeting. Over the past few council sessions, Ford raised the mayor’s ire by insisting that the city code be amended to allow motorists the option of a jury trial when contesting red light camera citations and by his pointing out that only five percent of the 43,955 red light camera tickets issued in the city went to motorists accused of the straight-through violations most consider to be “red light running.”

“I’m not the one who brought the red light camera scandal to Duncanville,” Ford responded at the private meeting. “I’m the one who brought it to light, but I’m not the one who imposed it on us… I recognize that there probably is no city employee in this room who will stand up to you guys… Unlike those people who are getting red light camera citations, I will have an opportunity for a jury trial when you arrest me for whatever it is that you’ve discussed, whether it’s disrupting a public meeting or disorderly conduct. I will have a jury trial, and it will be a jury of my peers, not yours. In other words, people who are not getting money from this city. And I will with conscience place my fate in their hands.”

Mayor Green’s expulsion of an elected member of the city council violated standard rules of procedure. Under Robert’s Rules of Order, the binding code of conduct for most municipal organizations, Green would not have any authority to have Ford removed for making off-topic comments that lasted less than thirty seconds. The use of force to remove a member is considered an extreme measure and a last resort.

“Although the chair has no authority to impose a penalty or to order an offending member removed from the hall, the assembly has that power,” the Rules state.

Under this set of procedures, a mayor would first have issued a warning to an unruly member and, if ignored, put the question of what to do about it to the entire city council. A majority vote would be required to have a sitting member removed from the chambers after that member is given an opportunity to speak in his own defense. Under Duncanville’s city charter (2.15), only the full council can change the rules of procedure, not the mayor acting alone.

Ford has been released from the hospital but the mayor had a warrant issued for his arrest. Ford announced yesterday his intention to turn himself in. Since March, Ford has attempted to gather 1300 signatures to create a referendum on the red light camera program in Duncanville