“Helping To Serve As A Check On Abuse”: New ACLU Cellphone App Automatically Preserves Video Of Police Encounters
The ACLU in California today released a free smart-phone app that allows people to send cellphone videos of police encounters to the ACLU, automatically—and the ACLU will preserve the video footage, even if the cops seize the phone and delete the video or destroy the phone. The app, “Mobile Justice CA,” works for both iPhones and Android users. It’s available at Apple’s App Store and at Google Play.
The app features a large red “Record” button in the middle of the screen. When it’s pressed, the video is recorded on the phone and a duplicate copy is transmitted simultaneously to the ACLU server. When the “stop” button is pressed, a “Report” screen appears, where information about the location of the incident and the people involved can also be transmitted to the ACLU. The video and the information are treated as a request for legal assistance and reviewed by staff members. No action is taken by the ACLU, however, unless an explicit request is made, and the reports are treated as confidential and privileged legal communications. The videos, however, may be shared by the ACLU with the news media, community organizations or the general public to help call attention to police abuse.
The app is available in English and Spanish. It includes a “Know Your Rights” page.
The value of the Mobile Justice app was dramatized this month in the Los Angeles suburb of South Gate, where a bystander taped cops detaining people in her neighborhood. A second person was recording her, and in that video, a lawman rushes at the first woman, grabs her cell phone, and smashes it on the floor. The second video ended up on YouTube. (South Gate police later said the officer was not a local cop but rather a deputy US marshal.)
Meanwhile in Texas, a proposed law would make it a crime for ordinary people to videotape police actions—on the grounds that it was “interference” with police activity. In California, on the other hand, the state senate this month approved legislation providing clear legal protection to people who videotape police activity without interfering with investigations.
“People who historically have had very little power in the face of law enforcement now have this tool to reclaim their power and dignity,” said Patrisse Cullors, director of the Truth and Reinvestment Campaign at the Ella Baker Center, which is working with the ACLU of California to support the launch of the Mobile Justice CA app. “Our vision is that this app will ultimately help community members connect and organize to respond to incidents of law enforcement violence, and then share their experiences and knowledge with others.”
The Mobile Justice CA app complies with California law. ACLU affiliates in other states have developed other versions for use in those states: residents of New York should use the “Stop and Frisk Watch” app; in New Jersey, it’s the “Police Tape” app; in Oregon and Missouri it’s the “Mobile Justice” app. These work in different ways: with the New York app, shaking the phone stops the filming; the New Jersey app does not transmit the video automatically—the user must choose to send it to the ACLU-NJ for backup storage. Not all of them are available on all platforms and not all are available in Spanish, as the California app is. However, video submitted from anywhere via the California app will be stored and available to those who submitted it, an ACLU SoCal official said.
“This app will help serve as a check on abuse,” said Hector Villagra, executive director of the ACLU of Southern California (ACLU SoCal), where the app was developed. It will “allow ordinary citizens to record and document any interaction with law enforcement,” he said, including “police officers, sheriff’s deputies, border patrol, or other officials.”
By: Jon Wiener, The Nation, May 1, 2015
“Police Morale Can Wait”: How The Baltimore Riots Should Reshape Attorney General Loretta Lynch’s Agenda
Out of the many invisible and all-powerful forces that govern our universe, the cruelest must be Time. Whether you’re asking it to slow down for selfish reasons or to speed up for someone else, it doesn’t make a difference. Time is relentless and uncaring; it does not listen and it will not stop.
But even though it is ultimately an egalitarian ruler, wreaking havoc on the old, young, good and bad alike, Time seems to hold a special grudge against Loretta Lynch, the woman who, after an unprecedented delay, was finally sworn in on Monday as the 83rd attorney general in the history of the United States.
The first indication that Time has it in for Lynch was also the most obvious: the Senate’s 167-day-long dawdle. But while it was obviously wrong to make the first African-American woman ever nominated for the post wait so absurdly long to be confirmed (only two of Lynch’s 82 predecessors waited longer), I’m hesitant to throw the fault entirely on Time’s shoulders. The attack was launched by Republicans, after all; Time was merely their weapon.
But the second piece of evidence that Time may be holding a particular grudge against the attorney general was more palpable: the riots that convulsed Baltimore this weekend and paralyzed the city on Monday. Because although Lynch obviously had nothing to do with the disorder, the riots’ fires show with blinding clarity that Lynch’s first goal — which is “improving police morale,” according to the Times — is entirely premature. The wanton destruction of property cannot be legitimated; but simply criticizing anarchy and praising law enforcement won’t bring the mayhem to an end. And it won’t provide justice.
In many ways, the chaos in Baltimore is just the latest iteration of one of America’s saddest and longest-running stories. It is another example of what Martin Luther King once called “the language of the unheard.” King was speaking then of the riots that traumatized much of the country during the summer of 1966. But the social ills he described as kindling for the riot’s fire — poverty, police brutality and malign neglect — are, despite the nearly 49 years that followed, still powerful forces in America today.
For this particular moment, though, it’s Baltimore Police Department’s documented history of lawless violence that’s been identified as the riots’ inspiration. Protestors and rioters — who, it’s worth noting, are usually not the same — cite as their catalyst the death of Freddie Gray, a 25-year-old African-American man and Baltimorean. On April 12, Gray was arrested by officers from the BPD. When police detained Gray and put him in a van for transportation, he was walking; by the time the trip was over, he had a broken neck. He died on April 19th.
No one yet knows for sure exactly what happened to Gray during that trip and in that van. There are reports that he was taken out at one point and beaten, but an autopsy showed no injuries except for those to his spinal cord and neck. The BPD has already admitted that its officers did not provide Gray with the necessary medical care. But the main question — Why was he able to run from the police in the morning, but struggling to breathe by nightfall? — has gone unanswered, though an increasing number suspect the widespread, grotesque practice of giving “a rough ride” is to blame.
Yet the fact that such a thing could happen, and only become a major story after the activism of peaceful protesters (and the destructive hijacking of violent rioters), is exactly the problem. The fact that the BPD’s reputation is such that many Baltimoreans heard Gray’s story with weary outrage rather than shock or indignation is exactly the problem. The fact that the BPD rank-and-file evidently feels so comfortable with extralegal brutality, and are so accustomed to wielding it, that demands for accountability has left them panicking — that, too, is exactly the problem.
I’m quite certain that, at least to some extent, Attorney General Lynch would agree. But that’s why it’s so unfortunate that news of her interest in “finding common ground between law enforcement and minority communities” came when it did. Because once the last stone is thrown, the fires are put out, and the state of emergency in Maryland is lifted, what Baltimore and the countless places in the U.S. like it will need is not another conversation. And finding “common ground” won’t be what America needs from its attorney general or its Department of Justice.
What will be needed instead is for the authorities in Baltimore, Maryland and D.C. to stop pandering to the police unions who demand carte blanche in the field and an endless line of officials singing about their valor. What will be needed instead are signs that the authorities take fears of the rise of the “warrior cop” and police militarization seriously, and that they will no longer see the deaths of people like Gray as “tragic.” Because they’re not cosmic acts of injustice; they’re crimes. To suspend (with pay) the officers who may be responsible is not enough — and Lynch needs to make clear that she understands that, and that her predecessor’s groundbreaking report on Ferguson, Missouri, was no aberration.
What will be needed, in short, is for the people most apt to use “the language of the unheard” to feel that someone who matters is finally listening. And that those in public office prove with actions that they believe it when they say an African-American life is worth no less than a cop’s. Now is not the time for Lynch to focus on making law enforcement happy. Now is the time for her to promote equal justice. Improving police morale can wait.
By: Elias Isquith, Salon, April 28, 2015
A Slow Rolling Crisis”: ‘Don’t Just Pay Attention To These Communities When A CVS Burns’
As violence erupted in Baltimore last night, President Obama spoke directly with Maryland Gov. Larry Hogan and Mayor Stephanie Rawlings-Blake, and the White House issued a statement stressing “the administration’s commitment to provide assistance as needed.”
Today, however, the president had quite a bit more to say on the subject.
President Obama said there was “no excuse” for the violent rioting Monday on the streets of Baltimore, which saw looting and fires break out after the funeral of Freddie Gray, a 25-year-old black man who died of a severe spinal injury while in police custody a little over a week ago. At the same time, the president put the crisis in Maryland’s largest city into a national context, focusing on unemployment, poverty and the education gap that plagues some communities of color.
“We can’t just leave this to the police,” Obama said Tuesday in a White House press conference with Japan’s Prime Minister Shinzo Abe. “There are some police departments that have to do some searching. There are some communities that have to do some soul searching. But our country needs to do some soul searching. This is not new. It’s been going on for decades.”
Obama, speaking without prepared remarks on the subject, acknowledged that he feels “pretty strongly” about the subject. It showed.
For those who can’t watch clips online, the president’s remarks are worth reading in detail. Note, for example, the way in which the president focuses initially on specific developments in Baltimore before transitioning to a much broader context:
First, obviously, our thoughts continue to be with the family of Freddie Gray. Understandably, they want answers.
And DOJ has opened an investigation. It is working with local law enforcement to find out exactly what happened, and I think there should be full transparency and accountability.
Second, my thoughts are with the police officers who were injured in last night’s disturbances. It underscores that that’s a tough job, and we have to keep that in mind. And my hope is that they can heal and get back to work as soon as possible.
Point number three, there’s no excuse for the kind of violence that we saw yesterday. It is counterproductive. When individuals get crowbars and start prying open doors to loot, they’re not protesting, they’re not making a statement, they’re stealing.
When they burn down a building, they’re committing arson. And they’re destroying and undermining businesses and opportunities in their own communities that rob jobs and opportunity from people in that area.
So it is entirely appropriate that the mayor of Baltimore, who I spoke to yesterday, and the governor, who I spoke to yesterday, work to stop that kind of senseless violence and destruction. That is not a protest, that is not a statement, it’s people – a handful of people taking advantage of the situation for their own purposes, and they need to be treated as criminals.
Point number four, the violence that happened yesterday distracted from the fact that you had seen multiple days of peaceful protests that were focused on entirely legitimate concerns of these communities in Baltimore led by clergy and community leaders, and they were constructive and they were thoughtful. And frankly, didn’t get that much attention. And one burning building will be looped on television over and over and over again, and the thousands of demonstrators who did it the right way, I think, have been lost in the discussion.
The overwhelming majority of the community in Baltimore, I think, have handled this appropriately, expressing real concern and outrage over the possibility that our laws were not applied evenly in the case of Mr. Gray and that accountability needs to exist.
I think we have to give them credit. My understanding is you’ve got some of the same organizers now going back into these communities to try to clean up in the aftermath of a handful of protesters – a handful of criminals and thugs who tore up the place.
What they were doing – what those community leaders and clergy and others were doing, that is a statement. That’s the kind of organizing that needs to take place if we’re going to tackle this problem. And they deserve credit for it and we should be lifting them up.
Point number five, and I’ve got six, because this is important. Since Ferguson and the task force that we put together, we have seen too many instances of what appears to be police officers interacting with individuals, primarily African American, often poor, in ways that raise troubling questions. And it comes up, it seems like, once a week now or once every couple of weeks.
And so I think it’s pretty understandable why the leaders of civil rights organizations, but more importantly moms and dads across the country might start saying this is a crisis. What I’d say is this has been a slow-rolling crisis. This has been going on for a long time. This is not new. And we shouldn’t pretend that it’s new.
The good news is that perhaps there’s some newfound awareness because of social media and video cameras and so forth that there are – are problems and challenges when it comes to how policing and our laws are applied in certain communities, and we have to pay attention to it and respond.
What’s also good news is the task force that was made up of law enforcement and community activists that we brought together here in the White House had come up with very constructive, concrete proposals that if adopted by local communities and by states and by counties, by law enforcement generally, would make a difference. Wouldn’t solve every problem, but would make a concrete difference in rebuilding trust and making sure that the overwhelming majority of effective, honest and fair law enforcement officers, that they’re able to do their job better because it will weed out or retrain or put a stop to those handful who may be not doing what they’re supposed to be doing.
Now, the challenge for us as the federal government is is that we don’t run these police forces. I can’t federalize every police force in the country and force them to retrain. But what I can do is to start working with them collaboratively so that they can begin this process of change themselves. And we – coming out of the task force that we put together, we’re now working with local communities. The Department of Justice has just announced a grant program for those jurisdiction that want to purchase body cameras. We are gonna be issuing grants for those jurisdictions that are prepared to start trying to implement some of the new training and data collection and other things that can make a difference. And we’re gonna keep on working with those local jurisdictions so that they can begin to make the changes that are necessary.
I think it’s gonna be important for organizations like the Fraternal Order of Police and other police unions and organizations to acknowledge that this is not good for police. We have to own up to the fact that occasionally there are gonna be problems here, just as there are in every other occupation.
There are – there are some bad politicians, who are corrupt. And there are folks in the business community or on Wall Street who don’t do the right thing. Well, there are some police who aren’t doing the right thing. And rather than close ranks, you know, what we’ve seen is a number of thoughtful police chiefs and commissioners and others recognize, they’ve got to get their arms around this thing and work together with the community to solve the problem.
And we’re committed to facilitating that process. So the heads of our COPS (ph) agency that helps with community policing, they’re already out in Baltimore. Our head – assistant attorney general for the Civil Rights Division is already out in Baltimore.
But we’re gonna be working systematically with every city and jurisdiction around the country to try to help them implement some solutions that we know work.
And I’ll make my final point – I’m sorry, Mr. Prime Minister, but this is a pretty important issue for us – we can’t just leave this to the police. I think there are police departments that have to do some soul searching. I think there are some communities that have to do some soul searching.
But I think we, as a country, have to do some soul searching. This is not new. It’s been going on for decades. And without making any excuses for criminal activities that take place in these communities, what we also know is that if you have impoverished communities that have been stripped away of opportunity, where children are born into abject poverty. They’ve got parents, often, because of substance abuse problems or incarceration or lack of education themselves, can’t do right by their kids.
If it’s more likely that those kids end up in jail or dead than that they go to college. In communities where there are no fathers who can provide guidance to young men. Communities where there’s no investment and manufacturing’s been stripped away. And drugs have flooded the community, and the drug industry ends up being the primary employer for a whole lot of folks.
In those environments, if we think that we’re just gonna send the police to do the dirty work of containing the problems that arise there, without as a nation and as a society saying what can we do to change those communities, to help lift up those communities and give those kids opportunity, then we’re not gonna solve this problem. And we’ll go through the same cycles of periodic conflicts between the police and communities and the occasional riots in the streets. And everybody will feign concern until it goes away and then we go about our business as usual.
If we are serious about solving this problem, then we’re going to not only have to help the police, we’re going to have to think about what can we do, the rest of us, to make sure that we’re providing early education to these kids; to make sure that we’re reforming our criminal justice system so it’s not just a pipeline from schools to prisons, so that we’re not rendering men in these communities unemployable because of a felony record for a non-violent drug offense; that we’re making investments so that they can get the training they need to find jobs.
That’s hard, that requires more than just the occasional news report or task force, and there’s a bunch of my agenda that would make a difference right now in that. Now, I’m under no illusion that out of this Congress we’re going to get massive investments in urban communities, and so we’ll try to find areas where we can make a difference around school reform and around job training and around some investments in infrastructure in these communities and trying to attract new businesses in.
But if we really want to solve the problem, if our society really wanted to solve the problem, we could. It’s just it would require everybody saying this is important, this is significant, and that we don’t just pay attention to these communities when a CVS burns and we don’t just pay attention when a young man gets shot or has his spine snapped. We’re paying attention all the time because we consider those kids our kids and we think they’re important and they shouldn’t be living in poverty and violence.
That’s how I feel. I think they’re a lot of good-meaning people around the country that feel that way.
But that kind of political mobilization, I think we haven’t seen in quite some time. And what I’ve tried to do is to promote those ideas that would make a difference, but I think we all understand that the politics of that are tough, because it’s too easy to ignore those problems or to treat them just as a law-and-order issue as opposed to a broader social issue.
That was a really long answer, but I felt pretty strongly about it.
By: Steve Benen, The Maddow Blog, April 28, 2015
“The Myths That Feed White Supremacy”: We Need To Let Go Of The Lie Of Scarcity And Replace It With A Sense Of Sufficiency
Adrien Schless-Meier has written a thought-provoking article about the ties that bind everything from Nellie Andreeva’s questions about whether or not people of color are currently taking up too much space on television to the shooting of unarmed black men by law enforcement. Her analysis finds that the one thing all of these reactions have in common is that they are based on a “zero sum game” when it comes to the relationship of white people to people of color.
While it’s easy to cast off discussions of pop culture as trivial or inane, Andreeva’s article draws on and reinforces a logic with deep, pervasive implications. It is the axiom according to which white folks organize our histories, our lives, our relationships: In a world based on whiteness, there is only room for one winner-and it had better be us…
The irony of this fear shouldn’t be lost on us – white people simply wouldn’t exist as we do today, embedded within and sitting atop a racial hierarchy, if it weren’t for systematic violence against Native people and African slaves in the early years of colonialism. We have learned, over the course of generations, that the path to power runs through the graveyard…
When we ask whether we’ve gone “too far” in creating spaces for people of color to explore and articulate nuanced, intricate life experiences, we are reinforcing the idea that only one narrative – that people of color represent a threat to white people – can or should endure. Left unchecked, this belief is the bedrock for the justification of everything from forced deportations to police killings. We cannot do the hard work of reshaping both the limits of our own empathy and the structures of our institutions if we continue to buy into the logic of the zero-sum game.
The sustained assault on people of color in the U.S. demands, at the very least, the dignity of better questions. Rather than wonder what white people might lose if people of color win, we should start by asking why we continue to tolerate, even condone, a world where the cost of protecting whiteness is measured in real, valuable lives lost.
What Schless-Meier has tapped into is the win/lose aspect of what Riane Eisler calls the domination model of human relationships. In this instance, it assumes that in order for white people to win, people of color must lose. One must dominate. That myth is what underscores our fears – which leads to a defensiveness to change.
The entire edifice on which that myth is based needs to be challenged if we are ever going to get past our fears. It is a sad commentary on our religious life in the 21st century that so many of our institutions fail to address this deep anxiety (and in some cases, even reinforce it).
The questions Schless-Meier suggests that we ask ourselves as white people about why we tolerate such a world were at least partially answered for me by Lynne Twist in her book The Soul of Money. In it she suggests that the zero sum game is based on the myth of scarcity.
Whether we live in resource-poor circumstances or resource-rich ones, even if we’re loaded with more money or goods or everything you could possibly dream of wanting or needing, we live with scarcity as an underlying assumption. It is an unquestioned, sometimes even unspoken, defining condition of life. It is not even that we necessarily experience a lack of something, but that scarcity as a chronic sense of inadequacy about life becomes the very place from which we think and act and live in the world. It shapes our deepest sense of ourselves, and becomes the lens through which we experience life…
This internal condition of scarcity, this mind-set of scarcity, lives at the very heart of our jealousies, our greed, our prejudice, and our arguments with life, and it is deeply embedded in our relationship with money.
A world-view based on scarcity means not only that I am not enough (the bedrock of fear), but also the belief that there is not enough for everyone. And so, one of us wins and one loses. In such a world, I am going to fight to make sure that I’m not the loser.
Twist says that we need to let go of the lie of scarcity and replace it with a sense of sufficiency.
We each have the choice in any setting to step back and let go of the mind-set of scarcity. Once we let go of scarcity, we discover the surprising truth of sufficiency. By sufficiency, I don’t mean a quantity of anything. Sufficiency isn’t two steps up from poverty or one step short of abundance. It isn’t a measure of barely enough or more than enough. Sufficiency isn’t an amount at all. It is an experience, a context we generate, and a declaration, a knowing that there is enough, and that we are enough…
When we live in the context of sufficiency, we find a natural freedom and integrity. We engage in life from a sense of our own wholeness rather than a desperate longing to be complete.
As long as we tell ourselves a story of scarcity, we will be trapped in our fears and the zero sum game. Knowing that “there is enough, and that we are enough” releases us from all that and opens up the possibility for empathy…and perhaps the ability to let go of the need to defend “whiteness” at the expense of others.
By: Nancy Le Tourneau, Political Animal Blog, The Washington Monthly, April 26, 2015
“A Cop’s ‘Large Hunch’ About Criminal Wrongdoing Won’t Do”: The Supreme Court Just Checked Cops’ Power To Extend Traffic Stops
Cases involving the Fourth Amendment’s proscription on unreasonable searches and seizures are the sleepers of every Supreme Court term. Unless the justices are confronted with new technologies or particularly invasive government practices—like body-cavity or thermal-imaging searches—these decisions rarely grab headlines, leaving only prosecutors, defense attorneys, and law professors to ponder their significance.
But this can’t be the norm—not in the wake of Ferguson, with heightened awareness of abusive policing. Today more than ever, an understanding of what limits the Constitution places on police and the Supreme Court’s interpretation of those limits should be essential knowledge. Anything less, to borrow the words of Justice Sonia Sotomayor, would simply reduce the Fourth Amendment “to a useless piece of paper.”
Because at the root of Rodriguez v. United States, decided Tuesday by the Supreme Court, lies one of the most common, and perhaps the only, interaction law-abiding citizens will ever have with law enforcement: traffic stops. Being pulled over is so mundane, I wondered in February whether Chief Justice John Roberts had ever been inconvenienced by the practice, perhaps as a result of driving with a broken taillight—the kind of infraction that triggered the killing of Walter Scott in South Carolina earlier this month.
When Rodriguez was argued in January, Roberts asked how exactly traffic stops go down in real life, saying lightheartedly, “Usually, people have told me, when you’re stopped, the officer says, ‘License and registration.’” That drew laughs from the courtroom—the implication being that Roberts wouldn’t admit to ever having broken the law—but it also suggested that perhaps he doesn’t quite grasp how humiliating these encounters can be. This prompted a rebuttal in open court from Sotomayor, who told the chief that she’d been stopped and that the experience of being kept longer than the time required to give her a ticket was “annoying as heck.”
Whether Roberts eventually grasped as much is unclear, but he did join the six-justice majority that agreed that police can’t extend the length of a traffic stop beyond the time necessary to inquire into the alleged traffic violation. In a triumph for citizens’ rights, the Supreme Court ruled that “a police stop exceeding the time needed to handle the matter for which the stop was made violates the Constitution’s shield against unreasonable seizures.”
That’s a big deal, if only because a lot can happen whenever police extend a traffic stop, even for a few minutes longer than necessary. To be sure, police already have wide latitude to stop anyone who is observed violating traffic laws; if probable cause exists that you’re not obeying the rules of the road, police are justified in stopping you. But what if, during the course of the stop, police also suspect you’re up to no good? Can they just hold you while they call in the dogs, as happened in Rodriguez, or for backup to conduct a wider criminal investigation? The lower courts that originally considered Rodriguez thought so, reasoning that a stop lasting, say, seven to ten minutes longer than necessary “was not of constitutional significance”—that the annoyance merely amounted to a “de minimis intrusion” on a motorist’s freedom of movement.
The Supreme Court didn’t buy that argument. “Authority for the seizure… ends when tasks tied to the traffic infraction are—or reasonably should have been—completed,” wrote Justice Ruth Bader Ginsburg for the majority. The court focused exclusively on the true “mission” of traffic stops—incidentals such as “checking the driver’s license, determining whether there are outstanding warrants against the driver, and inspecting the automobile’s registration and proof of insurance.” All of these things are well and good when the initial stop is valid.
The problem arises when a well-meaning officer turns the traffic inquiry into a prolonged, crime-fighting one. Such unrelated “detours” away from the original traffic mission, the court observed, are unconstitutional without independent, reasonable suspicion that an actual crime has taken place. A cop’s “large hunch” about criminal wrongdoing won’t do.
That’s a commonsense approach—no one should be stopped for even a moment longer than absolutely necessary. But will the ruling deter police from trying other dilatory tactics? Rodriguez, for one, doesn’t explicitly forbid officers from, say, taking their sweet time while running your license plate or from engaging in “friendly” small talk aimed at eliciting consent. These end-runs are still largely acceptable, and only time will tell what other methods cops will employ to bide their time and divine suspicion where initially there was none.
Until then, the Supreme Court should be commended for making the right call and delivering a ruling that, though far from a blockbuster, should encourage anyone who cares about the continued vitality of the Fourth Amendment. In post-Ferguson America, there’s just no other section of the Constitution that matters more—the power of policing rises and falls with every pronouncement on it.
By: Cristian Farias, The New Republic, April 22, 2015
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