Watching The Cops
See other Watching The Cops Articles
Title: Cops that can ‘see through walls?’ Facts about the X-ray uproar
Source:
PoliceOne.com
URL Source: http://www.policeone.com
Published: Jan 29, 2015
Author: Cop Gumbo with Val Van Brocklin
Post Date: 2015-01-29 11:10:05 by GrandIsland
Keywords: None
Views: 8425
Comments: 27
“Police radar can ‘see’ inside homes,” trumpeted a recent USA Today headline. The handheld devices aren’t like Superman’s X-ray vision that let him see through clothes and barriers. Looking like a fancy stud-finder, the device uses radio waves and the display shows whether it detects motion as slight as human breathing on the other side of a wall and, if so, how far away it is. But commenters who focus on how the media is overhyping the technology miss two pressing points: 1. The media is reporting that law enforcement agencies have kept their use of this technology “secret.” 2. The technology has significant Fourth Amendment ramifications. Let’s look at both of these in turn. Private vs. Secret There’s a difference between secret and private. Private is deciding to withhold something from public view for any number of acceptable reasons. Examples are changing clothes, an early pregnancy, a new relationship. Secret is deciding to keep something hidden out of fear or shame. USA Today characterized police use of the motion detection technology as “secret.” To the media, that could mean police didn’t issue a press release. According to the article, federal officials discussed how the device could be critical for keeping officers safe if they need to storm buildings or rescue hostages. The Marshals Service’s purchases of the devices were documented in federal contract records. The manufacturer of a model called Range-R — apparently not bound by any non-disclosure agreement — provided an estimate of the number of law enforcement agencies that had purchased the devices and the number sold. And a Deputy U.S. Marshal testified in court about using the Range-R. Neither Private Nor Secret Anymore The case in which the Deputy Marshal testified resulted in a federal appeals court opinion that was published on December 30, 2014. That appears to have sparked the media’s attention. Rest assured, the proverbial cat is out of the bag. The Marshals had an arrest warrant for Steven Denson for parole violations on an armed robbery conviction. At issue on appeal was the lawfulness of their entry into a home to make the arrest and their subsequent search therein without a search warrant. That search discovered guns and resulted in additional charges. The Deputy Marshal testified he used a Range-R to detect someone was inside the house. The federal court upheld the entry, search and seizure of the guns on facts independent of the Range-R information so it didn’t resolve the Fourth Amendment questions raised by the use of such a device. But the court had strong words that prosecutors and police would be well-advised to heed: “It’s obvious to us and everyone else in this case that the government’s warrantless use of such a powerful tool to search inside homes poses grave Fourth Amendment questions. New technologies bring with them not only new opportunities for law enforcement to catch criminals but also new risks for abuse and new ways to invade constitutional rights. [Citation omitted.] Unlawful searches can give rise not only to civil claims but may require the suppression of evidence in criminal proceedings. We have little doubt that the radar device deployed here will soon generate many questions for this court and others along both of these axes.” Where are the Prosecutors? As a former state and federal prosecutor, I find it hard to believe that 50 law enforcement agencies — as reported by USA Today — are using Ranger-R’s and none of them are consulting prosecutors. Not impossible, just improbable. Prosecutorial power is huge. It demands the highest responsibility and accountability. The federal court in Kansas was right when it said a tool that enables police to detect people’s movements in their homes raises grave Fourth Amendment questions. That should be clear to any prosecutor. Looking to GPS Rulings Cops and prosecutors hurt their professions when they over-reach and under-reveal. I don’t know why the media is just taking aim at the police and not questioning prosecutors’ involvement with warrantless use of this technology. Both professions undermine their credibility — with courts and the public — when they overreach. Federal officials say Ranger-Rs can help keep officers safe if they need to storm buildings or rescue hostages. I agree. Those situations present exigent circumstances. The facts of the Denson case didn’t. It’s worth noting that the Deputy Marshal’s report made no mention of the device but said only that officers “developed reasonable suspicion that Denson was in the residence.” After the Supreme Court accepted U.S. v. Jones, but before it’s 2012 decision that police could not install a GPS device on a vehicle without a warrant, a federal agent shared with me his concern about a suggestion in his office that agents continue to use GPS devices on suspects’ vehicles without a warrant. When I questioned the wisdom of that given what might happen to such cases if the Court ruled a warrant was required, he said it had also been suggested that agents not mention the use of the devices in their reports. I don’t know whether the suggestion came from a prosecutor, a supervisor, both, or neither. If from a prosecutor or law enforcement officer, I consider it dishonorable. There’s a Yiddish proverb, “A half- truth is a whole lie.” Prosecutors and police deal with important matters. We cannot be careless — or worse — and expect to be trusted. I understand the reasons behind not providing press releases containing details about newly developed law enforcement technology. That doesn’t justify keeping such information private or secret from court oversight or review. Before using radar vision, police and prosecutors should consider the same four steps recommended for tracking cell phones.
Post Comment Private Reply Ignore Thread
Top • Page Up • Full Thread • Page Down • Bottom/Latest
#1. To: GrandIsland (#0)
Oh, my sides! Nope - they would never lie about this, would they? No agenda here. Just bend over and take it because we "cops" know what's best for you.
In other words, it's standard procedure for the Feds to lie on their reports. No surprise there.
What it demands, is limitation.
Nope - they would never lie about this, would they? No agenda here. There are levels of hypocrisy that people live by, Mr. Free Thought Project... and you sir, are the king of hypocrisy. lol
Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy
No surprise there. This is what happens when you use unslanted and non bias, well written articles. You'll see a perspective and truth from both sides. Show me one "Free Thought Project" article that would even remotely write the possibility that any criminal did wrong. lol
Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy
Presumption of innocence is paramount. The arrest and allegations are bunk, until a jury rules otherwise. All you've got is irrational paranoia, and roid rage. That's not probable cause.
Does that apply to your endless allegations directed at police?
"The biggest mistake that libertarians make is the way they view government and private sectors. Government is the root of all evil, and the private sector is the source of all good. Libertarians have never figured out that people are the same whether in the government or in the private sector." --Paul Craig Roberts
Copied and Bookmarked
"The biggest mistake that libertarians make is the way they view government and private sectors. Government is the root of all evil, and the private sector is the source of all good. Libertarians have never figured out that people are the same whether in the government or in the private sector." --Paul Craig Roberts
I laughed out loud at that one...
Secret is deciding to keep something hidden out of fear or shame. No more surprise parties or xmas gifts for you...fool! ("We sing about God because we believe in Him. We are not trying to offend anybody, but the evidence that we have seen of Him in our small little lives trumps your opinion about whether or not He exists". ~ Jeff Foxworthy)
Click on that link often. You need all the help you can get. You're welcome.
So will that help him find the bathroom instead of using his keyboard?
“Political correctness is a doctrine, fostered by a delusional, illogical minority, and rapidly promoted by mainstream media, which holds forth the proposition that it is entirely possible to pick up a turd by the clean end.”
And there you have it. Unlike police states where the accused has to prove their innocence,in America it is the state that has to prove guilt.
Why is democracy held in such high esteem when it’s the enemy of the minority and makes all rights relative to the dictates of the majority? (Ron Paul,2012)
Does that apply to your endless allegations directed at police? Policemen,on duty and doing the business of the public are NOT citizens for the purpose of "innocent until proven guilty". They are agents of the state,and they must at all times WHILE ON DUTY conduct themselves in such a manner that there can be no question as to the legality of their actions. Off duty,they and in the role of private citizens,they are just like everyone else. In theory. In practice we all know they almost always get a "pass" on traffic and other misdemeanor offenses.
Why is democracy held in such high esteem when it’s the enemy of the minority and makes all rights relative to the dictates of the majority? (Ron Paul,2012)
You love making crap up. Cite, please.
"The biggest mistake that libertarians make is the way they view government and private sectors. Government is the root of all evil, and the private sector is the source of all good. Libertarians have never figured out that people are the same whether in the government or in the private sector." --Paul Craig Roberts
You love being a fool. Like it or not,Bubba,when you put that badge on you become an agent of the state,not a citizen.
Why is democracy held in such high esteem when it’s the enemy of the minority and makes all rights relative to the dictates of the majority? (Ron Paul,2012)
Policemen,on duty and doing the business of the public are NOT citizens for the purpose of "innocent until proven guilty". Did Pete just claim that police aren't afforded due process, while on duty? So... that must be why he treats every officer As guilty until proven innocent. He must have graduated the Deckard School of Constitutional Law
Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy
No cite and away he runs, muttering insults through his tears.
"The biggest mistake that libertarians make is the way they view government and private sectors. Government is the root of all evil, and the private sector is the source of all good. Libertarians have never figured out that people are the same whether in the government or in the private sector." --Paul Craig Roberts
Let's be charitable. He's just confused.
"The biggest mistake that libertarians make is the way they view government and private sectors. Government is the root of all evil, and the private sector is the source of all good. Libertarians have never figured out that people are the same whether in the government or in the private sector." --Paul Craig Roberts
No cite and away he runs, muttering insults through his tears. Like it or not,Bubba,when you put that badge on you become an agent of the state,not a citizen. No cite and away he runs, muttering insults through his tears. What are you,a mindless child? Do I have to explain that water is wet and fire is hot to you,and give you a internet citation?
Why is democracy held in such high esteem when it’s the enemy of the minority and makes all rights relative to the dictates of the majority? (Ron Paul,2012)
No, you have to explain when due process was eliminated for police officers. You could cite a law. You could cite a court case. You could cite a legal authority. Or you could run away again, muttering insults in an attempt at distraction from your latest failure to back up your legal inventions.
"The biggest mistake that libertarians make is the way they view government and private sectors. Government is the root of all evil, and the private sector is the source of all good. Libertarians have never figured out that people are the same whether in the government or in the private sector." --Paul Craig Roberts
You,as an agent of the state are,or should be,held to a higher standard. You represent the citizens,not yourselves as private citizens. Of course we all know the reality is if you carry a badge you generally get away with murder because the city doesn't want to pay out any damages,and your fellow Blue Mafia members circle the wagons around you to protect you.
Why is democracy held in such high esteem when it’s the enemy of the minority and makes all rights relative to the dictates of the majority? (Ron Paul,2012)
Of course we all know the reality is if you carry a badge you generally get away with murder because the city doesn't want to pay out any damages,and your fellow Blue Mafia members circle the wagons around you to protect you. I'm retired, Peter. And yes, I still carry a badge... with an ID that says retired sergeant/Investigator I'm nobody's agent... and I always had/have due process.
Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy
While I agree with your other two premises, I dissent on this one because they are not like regular citizens in that regardless of whether they are on duty or off, I view them as always on duty cops until the day they are stripped of their badge and gun for police misconduct.
Sworn officerS are always on duty until they RETIRE, die or get terminated/fired or suspended. Regardless, they always are afforded due process. Law Enforcement officers aren't normally stripped of their badges if retired in good standing. I still have every badge I wore for every rank I held... and I own every duty gun I carried for 20 years.
Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy
That confirms what I was saying in post #25.
Source: PoliceOne.com
“Truth is treason in the empire of lies.” - Ron Paul
Americans who have no experience with, or knowledge of, tyranny believe that only terrorists will experience the unchecked power of the state. They will believe this until it happens to them, or their children, or their friends.
Paul Craig Roberts
#2. To: GrandIsland (#0)
After the Supreme Court accepted U.S. v. Jones, but before it’s 2012 decision that police could not install a GPS device on a vehicle without a warrant, a federal agent shared with me his concern about a suggestion in his office that agents continue to use GPS devices on suspects’ vehicles without a warrant. When I questioned the wisdom of that given what might happen to such cases if the Court ruled a warrant was required, he said it had also been suggested that agents not mention the use of the devices in their reports.
“Truth is treason in the empire of lies.” - Ron Paul
Americans who have no experience with, or knowledge of, tyranny believe that only terrorists will experience the unchecked power of the state. They will believe this until it happens to them, or their children, or their friends.
Paul Craig Roberts
#3. To: GrandIsland (#0)
Prosecutorial power is huge. It demands the highest responsibility and accountability.
#4. To: Deckard (#1)
Oh, my sides!
#5. To: Deckard (#2)
In other words, it's standard procedure for the Feds to lie on their reports.
#6. To: GrandIsland, *Bill of Rights-Constitution* (#5)
would even remotely write the possibility that any criminal did wrong
The D&R terrorists hate us because we're free, to vote second party
"We (government) need to do a lot less, a lot sooner" ~Ron Paul
#7. To: hondo68 (#6)
The arrest and allegations are bunk, until a jury rules otherwise.
#8. To: hondo68, GrandIsland, Palmdale (#6)
Presumption of innocence is paramount. The arrest and allegations are bunk, until a jury rules otherwise.
#9. To: Gatlin (#8)
#10. To: Palmdale (#9)
#11. To: GrandIsland (#0)
Private vs. Secret There’s a difference between secret and private. Private is deciding to withhold something from public view for any number of acceptable reasons. Examples are changing clothes, an early pregnancy, a new relationship.
#12. To: Gatlin (#8)
Copied and Bookmarked
The D&R terrorists hate us because we're free, to vote second party
"We (government) need to do a lot less, a lot sooner" ~Ron Paul
#13. To: hondo68 (#12)
#14. To: hondo68 (#6)
Presumption of innocence is paramount.
#15. To: Palmdale (#7)
The arrest and allegations are bunk, until a jury rules otherwise.
#16. To: sneakypete (#15)
Policemen,on duty and doing the business of the public are NOT citizens for the purpose of "innocent until proven guilty".
#17. To: Palmdale (#16)
You love making crap up.
#18. To: Palmdale (#16)
(Edited)
To: sneakypete
#19. To: sneakypete (#17)
Like it or not,Bubba,when you put that badge on you become an agent of the state,not a citizen.
#20. To: GrandIsland (#18)
Did Pete just claim that police aren't afforded due process, while on duty?
#21. To: Palmdale (#19)
Like it or not,Bubba,when you put that badge on you become an agent of the state,not a citizen.
#22. To: sneakypete (#21)
(Edited)
Do I have to explain that water is wet
#23. To: GrandIsland (#18)
Did Pete just claim that police aren't afforded due process, while on duty?
#24. To: sneakypete (#23)
You,as an agent of the state are,or should be,held to a higher standard. You represent the citizens,not yourselves as private citizens.
#25. To: sneakypete (#15)
Off duty,they and in the role of private citizens,they are just like everyone else.
#26. To: goldilucky (#25)
I view them as always on duty cops until the day they are stripped of their badge and gun
#27. To: GrandIsland (#26)
Law Enforcement officers aren't normally stripped of their badges if retired in good standing.
Top • Page Up • Full Thread • Page Down • Bottom/Latest
[Home] [Headlines] [Latest Articles] [Latest Comments] [Post] [Mail] [Sign-in] [Setup] [Help] [Register]