Tag Archives: Wisconsin

Bar Shares Scanned ID Card Data with Cops

bar code escape

Kaye Beach

June 1, 2013

Hat tip to Steve Spingola http://www.badgerwordsmith.com/spingolafiles/

Update June 2, 2013 and here is Steve’s article on the matter:  In Appleton, Wisconsin, Having a Cold One is Now the Government’s Business

 

Across the country, citizens are surprised and sometimes outraged by increasing demands by businesses and government to submit to the instant capture and downloading of all of the data contained on their driver’s licenses and ID cards as a condition for ACCESS.

You might wonder what your data is being used for after it is taken.

(Read- ‘Best Buy’s Worst Policy-Swiping ID’s and Destiny Management’)

The answer is whatever they want to use it for including letting law enforcement troll through it looking for any naughty law-breakers.

The article below gives one example of how your once lowly driver’s license that is now empowered with machine readable technology (RFID or 2D barcodes) and your facial biometrics, is performing exactly as designed.  These technologies are designed to make you easier to track, monitor and control.

If my license must be scanned as a condition to access an establishment, then that is a place I will not go.

In Appleton, bar owners share patron data with police seeking probation violators

Owners of Appleton’s more popular bars turning over data on all their patrons to police, who use it to find people violating probation and those wanted on warrants.

According to the Appleton Post-Crescent, last year data was collected on some 8,500 bar goers, including 241 who were not supposed to be going to the establishments.

The practice has raised some privacy concerns.

“The technology doesn’t give any particular thought to privacy concerns since everybody who enters gets scanned,” Chris Ahmuty, executive director of the American Civil Liberties Union of Wisconsin, told the Post-Crescent.

Appleton police loan two high-tech scanners to the city’s high-volume bars, who use them for everyone who enters. The scanners detect fake IDs and let bouncers block those users’ entrance.

But the scanners also store up names, ages and addresses from every ID scanned, data the police then download from the scanners and cross-checked against lists of probationers and those wanted on warrants.

Some bars who buy their own scanners use the data gathered for marketing purposes as well.

Read more

Spingola Files: One Woman’s Willingness to Stand-Up to Orwellian ID Act

Kaye Beach

Feb 4, 2011

Respected former detective weighs in on biometric ID case

The very best law officers have one thing in common; they want to get the bad guys and protect the innocent.  But what happens when the tools offered to law enforcement to get the bad guys also threaten the innocent?   This is not a new dilemma for law enforcement but with the myriad of changes taking place in recent years on both the legal and technological front, it must be an incredibly tricky one now.

Steven Spingola is doing something very important.  He is opening a dialog on issues that desperately needs an airing among those who swore an oath to serve and protect the people of the United States.

Spingola is a former Milwaukee Homicide Detective, an author and nationally recognized investigator whose excellent reputation proceeds him.  He is a graduate of the FBI National Academy, a death investigations expert, a police shooting reconstruction expert and is formally trained in investigative analysis.  (Read more about Steven Spingola)

This former detective is truly is an investigator to his core.  Not satisfied with accepting anything at face value he is examining issues at what must be an uncomfortable intersection for anyone involved in law enforcement.

At his blog site, The Spingola Files, Steve wrote an article about my efforts to defend against biometric ID by filing a  lawsuit against the state in Oklahoma.

I continue to heartened by the positive feedback I have received from members of law enforcement and am most grateful to Steve Spingola for his courage in bringing issues such as this to the fore.

From The Spingola Files, Feb. 4, 2012

One Woman’s Willingness to Stand-Up to Orwellian ID Act

When Oklahoma native Kaye Beach sought to renew her driver’s license, she refused to comply with that state’s version of the Real ID Law.

In Oklahoma, and throughout 26 other states, including Wisconsin, the one digital photo taken at the counter will no longer suffice.  Instead, applicants are required to submit to several photos, including a full body profile.

When Ms. Beach declined to acquiesce to the new array of photographs, officials from Oklahoma’s version of the Department of Motor Vehicles denied the renewal of her driver’s license.  Predictably, a time came when Ms. Beach had a traffic related law enforcement contact, at which time she was cited for driving without a valid operator’s license.

But instead of simply walking like a sheep to the slaughter to renew her permit, Ms. Beach fought to have her citation dismissed and then filed a lawsuit challenging the constitutionality of Oklahoma’s Real ID law.

http://constitutionalalliance.org/work/article.php/20110910201040513

Why is Kaye Beach making such a fuss? After all, what is so difficult about submitting to a series of photographs?

Read More

Wisconsin Outsources New Real ID Cards

Your license: made in California

CREATED May. 31, 2011

MILWAUKEE – Starting this fall, Wisconsin driver’s license cards will no longer be printed in Wisconsin.  Instead, the state will outsource the work to a company that will print the cards in California.

The Department of Transportation explained that the change is part of Wisconsin’s plan to implement the federal REAL-ID bill that will require more stringent security features for each driver’s license card.  By having a contractor print the cards in California, the Wisconsin DOT expects to save approximately $1.5 million.

Read More

County joins others in state with isolation and quarantine policy

Nov. 29, 2009

Oklahoma’s Law is much the same after changes made or added in 2008-see below.

AxXiom


News From 91.3 KUWS

Douglas County joins others in state with isolation and quarantine policy

Story posted Friday at 11:38 a.m. 11/27/2009

Wisconsin counties have a little-known policy that allows forced isolation or quarantine of people using armed law enforcement and deputized civilians. Mike Simonson reports from Superior. This is to help health officials in a worst-case scenario to contain outbreaks.

Wisconsin statute requires each county to have an isolation and quarantine procedure. The order originated with the Centers for Disease Control from anthrax threats in 2001. But the policy is broader. It includes isolating people infected or even suspected of being infected with a contagious disease such as tuberculosis or in a flu pandemic. Douglas County Health Officer Deb Clasen says every county health officer in the state can now order that guards be put on infectious people.

http://www.businessnorth.com/kuws.asp?RID=3172

____________________________________________________

Oklahoma

State Quarantine and Isolation Statutes Updated April 2009

Oklahoma

Okla. Stat. tit. 63 §§ 1-502, 504

Authority. The State Board of Health shall have authority to adopt such rules and regulations, not inconsistent with law, as it deems necessary to aid in the prevention and control of communicable disease.

Whenever a local health officer determines or suspects that a person has a communicable disease, he may impose a quarantine on the place or premises where such person usually stays, and notice thereof shall be given in accordance with the rules and regulations of the State Board of Health.

**But you need to see administrative rules to really understand how our govt. has decided it would be best handle such a  scenario.   This is not where I would expect to find such serious alterations of law which were adopted in 2008.  See below**

Okla. Stat. tit. 21 § 1195

Penalties. Every person who having been lawfully ordered by any health officer to be detained in quarantine and not having been discharged leaves the quarantine grounds or willfully violates any quarantine law or regulation is guilty of a misdemeanor.

http://www.ncsl.org/default.aspx?tabid=17104

TITLE 310. OKLAHOMA STATE DEPARTMENT OF HEALTH

310:521-7-1. Examination

The Commissioner may issue an order for the examination of any individual upon the suspicion or confirmation that said individual has a communicable disease. Such examination may include a clinical examination, a specific diagnostic test or tests, or a specific laboratory test or tests. The purpose of such examination(s) and/or test(s) is to determine the presence of the suspected infectious organism or the presence of indicators of the suspected infectious organism, and to determine the contagious state of the individual to the extent possible.
[Source: Added at 25 Ok Reg 1148, eff 5-25-08]

310:521-7-2. Treatment

The Commissioner may issue an order for the treatment of any individual suspected or confirmed to have a communicable disease. The Commissioner may also order the treatment of any individual or individuals exposed to certain infectious agents. Such treatment plans will be according to procedures developed within the Department.
[Source: Added at 25 Ok Reg 1148, eff 5-25-08]

310:521-7-3. Isolation or quarantine

(a) Isolation. The Commissioner may issue an order for the isolation of any individual or group of individuals upon determination:

(1) That such individual or individuals who are reasonably known or suspected to have a communicable disease constituting a biologic public health threat and who remain within the transmission period for said disease; and
(2) That isolation is the necessary means to control the spread of the agent and the disease constituting a biologic public health threat.

(b) Quarantine. The Commissioner may issue an order for the quarantine of any individual or group of individuals upon determination:

That such individual or individuals who are reasonably known or suspected to have been exposed to a communicable disease constituting a biologic public health threat and who remain within the incubation period for said disease; and

(2) That quarantine is the necessary means to contain the communicable disease constituting a biologic public health threat  to which an individual or individuals have been or may have been exposed.

(c) Affected area. The Commissioner may issue an order for the quarantine of a facility, complex, or campus including but not limited to an apartment complex, dormitory, health care facility, hotel, correctional facility, or the individuals therein.

[Source: Added at 25 Ok Reg 1148, eff 5-25-08]

Any person who is subject to an order of the Commissioner for isolation or quarantine and who contests such an order may request an individual proceeding or hearing. In order to uphold a quarantine order the Department must prove by a preponderance of the evidence that the Respondent was, or was suspected of having been, exposed to an infectious disease constituting a biologic public health threat.

In order to uphold an isolation order the Department must prove by a preponderance of the evidence that the Respondent has, or is suspected of having, an infectious disease constituting a biologic public health threat.

If requested, an individual proceeding pursuant to this subsection shall be convened as quickly as reasonably possible, which may be held telephonically or by other electronic means.  (see exceptions part c)

A Respondent may request a hearing verbally or in writing. If the request for hearing is verbal, it shall be the duty of the hearing officer to take a statement for the record of the Respondent’s reason for contesting the Commissioner’s order.

the Commissioner’s order is upheld at the conclusion of the hearing, the Respondent may appeal the administrative decision pursuant to Section 318 of Title 75 of the Oklahoma Statutes.

(b) Upon finding that there is probable cause to believe that any individual or individuals who are subject to an order of examination, treatment, isolation, or quarantine has failed to or refuse to comply with such order, the Commissioner may request an emergency order from the district court to enforce the Commissioner’s order.

If granted, the emergency order shall require the individual or individuals to be taken immediately into custody by law enforcement officials for the purpose of examination or treatment or to be detained for the duration of the order of isolation or quarantine or until the Commissioner determines that the risk of transmission of a biologic public health threat is no longer present.

(c) Subsections a or b of this section may be suspended in the event of a declaration of emergency by the Governor pursuant to Oklahoma law or upon written directive of the Commissioner of Health to employ a constitutionally-sufficient alternative process due to exigent circumstances during such emergency. Such suspension of subsections a and b shall only exist for the duration of the emergency.

[Source: Added at 25 Ok Reg 1148, eff 5-25-08]

Is there a constitutional alternative to Due Process of Law??

310:521-7-7. Health status monitoring
A representative of the Department shall monitor the health status of those under quarantine or isolation according to means dictated through procedure of the Department. Such means may include use of appropriate data collection forms, use of appropriate medical tests and or procedures, regular telephone calls, visits by local health personnel or other pre-determined providers, self-reports, reports of caregivers or healthcare providers, or by other means. If an individual or individuals under quarantine develop symptoms compatible with a disease constituting a biologic public health threat, then such individual or individuals may be further ordered into isolation.

[Source: Added at 25 Ok Reg 1148, eff 5-2-08

Oklahoma Office of Administrative Rules- OAR

www.oar.state.ok.us

Milwaukee’s Criminal IACP-member Police Chief and Civilian Disarmament

Milwaukee’s Criminal Police Chief and Civilian Disarmament

 

 by William Grigg

at April 24, 2009 02:02 PM
In August of last year, Brad Krause of West Allis, Wisconsin was planting a tree in his own backyard when he was ambushed by police.

Krause’s next-door neighbor, the type of timorous busy-body upon whom the Homeland Security State’s snitching apparatus depends, had called the police to complain that Krause was wearing a sidearm. Krause is a law-abiding and inoffensive person, but the mere sight of a private citizen carrying a gun made his neighbor suspicious.

So the cops arrived, Krause was disarmed, and — there being no law in Wisconsin against the open carrying of a handgun — Krauss was charged with “disorderly conduct.” That spurious charge was eventually dismissed. But the police, who didn’t provide Krause with a receipt for his gun, refused to return it to him.

On April 20, Wisconsin state Attorney General J.B. Van Hollen issued a memorandum intended to clarify whether “a person has the right to openly carry a firearm” without being subject to a charge of disorderly conduct.

While Wisconsin state law forbids citizens to exercise their right to carry concealed weapons, there is no statute banning them from carrying them openly, a fact grudgingly admitted in Van Hollen’s memorandum: “The Department believes that mere open carry of a firearm, absent additional facts and circumstances, should not result in a disorderly conduct charge.”

That ruling prompted a remarkably arrogant response from Milwaukee police Chief Edward Flynn: “My message to my troops is if you see anybody carrying a gun on the streets of Milwaukee, we’ll put them on the ground, take the gun away and then decide whether you have a right to carry it.” (Emphasis added.)

Note well how Flynn referred to his police personnel as “my troops,” an ironically appropriate designation in light of the fact that he clearly considers himself to be the dictator of a military occupation force, rather than the director of a civilian police agency.

Flynn invokes the fact that Milwaukee has witnessed nearly 200 homicides over the past two years as justification for the defiant orders given to “his troops.”

That fact underscores the need for citizens to retain the ability to defend themselves against lawless assaults immediately, rather than waiting for the police to arrive — by which time they have little left to do other than draw chalk outlines and string up crime scene tape.

Chief Flynn, it should be noted, has mingled with the elite. Before being tapped to head the scandal-plagued Milwaukee PD in January 2008, he had been police commissioner in Springfield, Massachusetts and served stints as Chief of Police in Braintree and Chelsea, as well as Arlington, Virginia. He also served as Mitt Romney’s Homeland Security adviser.

Flynn is a graduate of the FBI National Academy in Quantico, the National Executive Institute, and a former fellow at the Harvard School of Government. He sits on the Executive Committee of the International Association of Chiefs of Police and the Board of Directors of the Council of State Governments Justice Center.

Clearly, Flynn is no marginal figure, a fact that makes his perspective on civilian disarmament and militarization of law enforcement a matter of national concern.

 *****************************************************************************************************************************************

“From an officer’s safety point of view and a public point of view,” he said, “we’re not going to start with the assumption that someone displaying a handgun is doing it lawfully.”
Milwaukee Police Chief Ed Flynn (Evil Penguin) member of the International Association of Chiefs of Police
a9019b1b-c945-4a9e-90c0-f2ab233fcd0d1

 

Posted Apr 21, 2009; 7:38 PM
Milwaukee chief to officers: Ignore gun memo

http://www.wisinfo.com/apps/pbcs.dll/article?AID=200990421173

By TODD RICHMOND
Associated Press Writer

MADISON, Wis. (AP) – Milwaukee’s police chief said Tuesday he’ll go on telling his officers to take down anyone with a firearm despite Attorney General J.B. Van Hollen’s finding that people can carry guns openly if they do it peacefully.

Milwaukee Police Chief Ed Flynn said he’ll continue to tell officers they can’t assume people are carrying guns legally in a city that has seen nearly 200 homicides in the past two years.

“My message to my troops is if you see anybody carrying a gun on the streets of Milwaukee, we’ll put them on the ground, take the gun away and then decide whether you have a right to carry it,” Flynn said. “Maybe I’ll end up with a protest of cowboys. In the meantime, I’ve got serious offenders with access to handguns. It’s irresponsible to send a message to them that if they just carry it openly no one can bother them.”

State Justice Department spokesman Kevin St. John declined to comment.
Wisconsin is one of 29 states that allow people to openly carry a firearm without a permit. It’s one of two states that ban concealed weapons.

Flynn’s comments came as gun control advocates and state lawmakers derided Van Hollen’s ruling.

“The idea of people … openly carrying guns strikes me as somewhere between bonkers and totally ridiculous and stupid,” said state Rep. Josh Zepnick, D-Milwaukee.

Van Hollen, a Republican, issued a memo Monday explaining how disorderly conduct overlaps with the constitutional right to bear arms. Van Hollen concluded citizens have a constitutional right to openly carry firearms, and disorderly conduct charges depend on the circumstances.

OpenCarry.org, a gun advocacy Web site, issued a statement saying the finding was “spot on.” The Wisconsin Sheriffs and Deputy Sheriffs Association said the memo clearly finds people can bear arms in an orderly manner.

But Oregon, Wis., Police Chief Doug Pettit said the memo doesn’t provide much direction for police, who already know open carry is legal in Wisconsin and disorderly conduct is a case-by-case judgment call.

“I don’t know if the memo clarifies anything, other than it’s not an automatic disorderly conduct charge,” Pettit said. “Clearly, I think law enforcement, like anything else, will have to use their discretion.”

Dane County District Attorney Brian Blanchard said open carry cases have rarely come up, but he’d want to know why someone has chosen to carry a gun before making a charging decision.

“Police will be quick to ask you, ‘Why do you have a gun with you? Is somebody stalking you?’ Those are going to be fair inquiries,” he said. “We’d be particularly concerned if someone was openly possessing a gun in the context of an ongoing dispute or feud.”

Milwaukee County Sheriff David Clarke said the memo just muddies things. Police still aren’t clear on what might constitute disorderly conduct, he said.

“How we approach a person with a gun, I can tell you right now, isn’t going to change. As far as a law enforcement person is concerned, you just don’t walk up to a person with a gun and say ‘excuse me, sir,”‘ Clarke said. “On the ground, give up. Get that gun under control and then we’ll figure out what we got here.”

Gov. Jim Doyle, a former attorney general, believes local communities should be allowed to create their own gun ordinances, spokesman Lee Sensenbrenner said.

A 1995 law bars municipalities from enacting stiffer ordinances than state statutes, but carrying a rifle during hunting season is different from walking around Milwaukee with a gun on your hip, Sensenbrenner said.

Paul Helmke, president of the Brady Campaign to Prevent Gun Violence, said Van Hollen’s memo underscores the nation’s weak gun laws. The Wisconsin Anti-Violence Effort, a statewide organization dedicated to ending gun violence, estimates guns kill about 450 people in the state each year.

“A lot of people who get guns and carry guns don’t always understand the responsibility and risk that goes with gun ownership,” Helmke said. “People get drunk, people get angry, people make mistakes. More guns generally mean more violence.”

State Rep. Leon Young, D-Milwaukee, a former police officer, said he was shocked by Van Hollen’s memo. He said he planned to look into drafting legislation to ban open carry.

“It’s just a bad idea. We’ve just had too many incidents of gun violence,” Young said.
Flynn, Milwaukee’s police chief, said the opinion was clearly drafted in the safety of the Justice Department’s offices, not on Milwaukee’s streets.

“From an officer’s safety point of view and a public point of view,” he said, “we’re not going to start with the assumption that someone displaying a handgun is doing it lawfully.”
 Citizens Committee for the Right to Keep and Bear Arms had this to say about Flynn;

NEWS RELEASE
Citizens Committee for the
Right to Keep and Bear Arms
12500 N.E. Tenth Place
Bellevue, WA 98005

http://www.ccrkba.org/pub/rkba/press-releases/wisconsin.police.htm

CCRKBA CALLS MILWAUKEE WI POLICE CHIEF’S REMARKS ‘OUTRAGEOUS’
For Immediate Release: April 22, 2009

BELLEVUE, WA – The Citizens Committee for the Right to Keep and Bear Arms today criticized Milwaukee, WI Police Chief Ed Flynn for his open defiance of the State Attorney General’s office in a controversy over open carry of firearms.

Attorney General J.B. Van Hollen has stated that it is legal in Wisconsin for citizens to carry guns openly in a peaceful manner. However, Chief Flynn is ordering his officers to “take down” citizens, “put them on the ground” and disarm them, and “then decide whether you have a right to carry it.”

The situation should alarm all Wisconsin citizens, whether they own guns or not, said CCRKBA Legislative Director Joe Waldron, because it places police officers and private citizens in a deliberately confrontational position. Also, he added, Flynn’s approach raises serious constitutional questions because of the state’s clearly defined “right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose” under Article I, Section 25 of the state constitution.

“Because Wisconsin does not allow concealed carry,” Waldron said, “the only way for citizens to exercise their constitutional right to keep and bear arms is to carry handguns openly. Chief Flynn should not assume he or his officers have the authority to decide who can and cannot exercise that right. His attitude is outrageous.

“Attorney General Van Hollen was correct in his statements about the legality of open carry,” Waldron continued, “and what does it say about a police chief when he publicly announces that he’ll do things his way and to hell with what the attorney general says?”

Waldron also said a plan, announced by State Rep. Leon Young, a Milwaukee Democrat, to draft legislation that bans open carry, “is inviting court challenge.”

“If you cannot carry openly, and you cannot carry concealed,” Waldron wondered, “how can law-abiding Wisconsin citizens exercise their state constitutional right to keep and bear arms? We encourage Rep. Young to address that issue to the state Supreme Court before he pushes ahead with that scheme.”
With more than 650,000 members and supporters nationwide, the Citizens Committee for the Right to Keep and Bear Arms is one of the nation’s premier gun rights organizations. As a non-profit organization, the Citizens Committee is dedicated to preserving firearms freedoms through active lobbying of elected officials and facilitating grass-roots organization of gun rights activists in local communities throughout the United States. The Citizens Committee can be reached by phone at (425) 454-4911, on the Internet at http://www.ccrkba.org or by email to InformationRequest@ccrkba.org.

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