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USA - A HISTORY OF BIKERS RIGHTS IN AMERICA
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Protocol Basics
These are some things for you, as a Riding Club member, to consider when dealing with motorcycle clubs. They are also things to consider if and when you are going to be around motorcycle clubs.
2. Protocol and Respect are primary rules when dealing with a motorcycle club patchholder.
If you are FORMALLY introduced to a patchholder, make sure either the person doing the introduction (or you) make sure they know what club you belong to & if you are an officer, what position you hold. Under no circumstances do you interrupt to correct a mistake while that person is introducing you or while they are talking. Wait till the introduction is done & politely introduce yourself correctly. i.e.….
Joe Rider, xxxxxxxxxxxx Riding Club, 1st Officer, Anytown Chapter.
Fred Spokes, Anystate Officer, xxxxxxxxxxxxx Riding Club
(Use your name - not your nickname. Nicknames may come later.)
3. Greet them as you would meet anyone else & wait until the offer is made to shake hands. DO NOT interrupt, wait for them to recognize you. DO NOT be offended or make a big deal if they do not offer to shake your hand. Many times they want to get to know about you and your club a little better before they will offer to shake your hand.
4. Never, Ever, Lie. You can refuse to answer a question in a polite manner by saying something like, "That seems like club business, and I would like to refer that to one of our officers in order to get better information for you." Be prepared to answer questions about what your club is about. Such as....
A.) "We are a riding club & not a motorcycle club and have no intention of ever trying to become a motorcycle club".
B.) The Patch is bought & not earned.
C.) No dues or Dues - as applicable.
D.) All makes and models of motorcycle are welcomed. Or it's a brand specific or special requirements club.
E.) We are a non-territorial club.
F.) We are a neutral club and do not wear any MC support patches.
G.) Women riders are welcomed and in many cases are club officers.
H.) We are an AMA chartered riding club.
J.) Do not offer forum links or web sites, It's better to refer them to a club officer.
K.) Do NOT brag about how large the local or national membership is.
L.) Do not volunteer club info. If they ask a question about the local chapter answer it if you can. If they start asking questions about the number of members, or the National chain of organization refer them to one of the club Officers.
5. Women in leadership positions or being a patchholder in motorcycle clubs, while not totally unheard of, is very rare. That's just the way it is. Most motorcycle clubs would also rather deal with a man if there is business to conduct. Most realize what a riding club is about & will for the most part accept a woman as an officer, and a woman officer will most likely be allowed to attend any meeting. Whether or not they will deal directly with a woman officer or not depends on the individual motorcycle club/chapter. There is no set rule for this and they will let you know if it's ok with them or not. Many motorcycle clubs do not care to deal with the National officers. They would prefer to deal with the local or state representatives.
6. If anyone knows a patchholder, don't let him/her throw the patchholders' name/nickname/club's name around like you're a great buddy of theirs (even if you are). Many clubs consider that as a major disrespect to the whole club.
7. Watch where you are when speaking about them, and never say anything about them in public because you never know when that woman, man, or kid in regular clothes standing near you might be one of them, or a "support member". Patchholders do not always wear their colors. By the time the story gets back to the top club in your area, it will have been changed many times over and could be blown up way out of proportion.
8. Anything said about them between club members is club business ONLY. If comments, even those said in a joking manner were to get out, problems could start. Discussion outside the privacy of the chapter can start rumors which could cause a lot of problems for not only the chapter, but also for other chapters in and out of the state.
9. If for some reason you have to say something while in public about a motorcycle club, take the person you're talking to aside, alone, and say ONLY what you need to say to get your meaning across. Say as little as possible so anyone else can't overhear it & misunderstand what you're talking about.
10. Watch where you wear your patch (RCs don't wear colors, colors are earned, not bought) and it's just common sense to stay in numbers when wearing the patch. (Some motorcycle clubs can be very territorial and some clubs don't see any difference between a RIDING CLUB and MOTORCYCLE CLUB, good or bad.) If you are unsure of the areas or places normally frequented by motorcycle clubs, find out from your club Officers. If you are planning on traveling and are concerned about what the situation may be in regard to the relationship with the local motorcycle clubs in the areas you'll be traveling through or staying in, talk to your local officer and ask if they can find something out by contacting the officers in the areas you will be in.
11. "SHOW THEM RESPECT." That's A #1 with them! (and worth repeating).
12. If you already know a patchholder, or get to know one in the future, don't just walk up to him/her and interrupt when they are with other members. Wait till he/she acknowledges you first and NEVER touch them or put your arm around them like a buddy. Don't put your hand out to shake theirs; wait for them to extend their hand first. If for some reason you're not acknowledged at all, then just keep walking. If you need to talk to an officer of a Motorcycle Club the proper way is to go through the Sgt at Arms or one of the patchholders.
13. You have to decide whether or not you want to show respect by going to any of their functions or if you want to avoid all of them all together. If you do choose to show respect and go, you can do this in a way that may make you feel more at ease by going to one of their "support's" functions instead of the top club's function (if they have a support patch then you're still indirectly showing the top club respect). But if you do go, then you also have to go to their rival clubs' function or you'll be telling everyone that you're not a "NEUTRAL" club as you said you were. (Example: If you go to the Club A's function then YOU HAVE TO GO to the Club B's function, etc..) You have to decide how you want to stay neutral, by going or not going and you have to let all the other area chapters know if you're going too, so they're not in the dark and we can ALL stay on top of things.
**** NOTE ***** A better way to support them and still give the appearance of being a neutral club is to attend only "open to the public" events that a motorcycle club may be sponsoring.
If you feel that you do want or need to go to a "limited event", then you'll have to go representing yourself as yourself, preferably without wearing any patches identifying your club. Remember, if you're wearing your club patch, you are considered by everyone to be representing your whole club. If anything were to turn sour, then your whole club could wind up with problems down the road. Also, once the rivals of that club you visited find out (and they will within a day or two), then those rivals will see you as no longer being neutral & you could be considered a rival of theirs too.
14. No CLB's (Chapter Location Bars), any territory rockers, or anything giving the appearance of a rocker should be worn with the RC patch. State flags, state logos may be worn in some areas and not in others. It's best to check with the local RC officers to make sure what is ok in your area.
15. If someone from a motorcycle club requests that you remove your vest/patch, don’t argue. The best reply is, "No Problem" & politely take it off and let your Club Officer know what motorcycle club it was so they can deal with any potential problems. You normally will only get asked once.
16. If an establishment has a sign indicating “No Colors”, even though your patch is not considered “colors”, the vest should be removed out of respect to the other clubs and the policy of the establishment. While you may just be a Riding Club, it's only respectful to honor the house rules. Motorcycle clubs that honored the "house rules" would probably be deeply offended that you didn't. Also remember, many establishments choose to have this policy and it applies to all clubs that use any kind of patch; they do not distinguish between a MC and a RC. Be aware of the local motorcycle club hangouts & it's best not to wear the RC patch into them without an invitation.
17. Do not wear your Patch into a motorcycle club clubhouse unless you have asked if it's ok to do so or have been invited for a "sit down" with the officers of the motorcycle club, or been invited As a Riding Club Member, to attend a function there.
18. In regard to women who are with a MC club, but not in the club: Old Lady is not a negative or derogatory term, it's just a slang term commonly used. "Property Of" patches are their way of showing support for their man and the club he's in.
19. A patchholder may not, and many times will not, acknowledge your wife or girlfriend, especially upon a first meeting.
20. DO NOT touch or sit on a patchholder's bike unless invited to do so. Do not expect the invitation.
21. A prospect can usually be identified by the back patch they are wearing. There are many different ways motorcycle clubs identify prospects. They can have the rockers without the main patch. They can actually have a patch saying "PROSPECT". Some do not wear any patch, because all the Patchholders know who the prospects are. You want to treat a prospect or even someone you suspect is a prospect the same way you would treat a patchholder - with respect and courtesy. Many clubs will take offense to someone outside their club using the prospect term. Calling someone "Prospect" if you are not a patchholder of that club more often is considered disrespectful.
22. Have absolutely no doubt that a motorcycle club is serious and many have been known to physically educate a person who shows disrespect or displays a bad attitude.
23. Be aware of the behavior and attitude of the other RC members who are with you (especially if anyone has been drinking) at events. If necessary, try to take action to avoid problems before they happen. For example, if someone appears to be getting too angry or loud and possibly disrespectful, take them aside or suggest going somewhere else until things settle down. You could also let one of the officers of the club know about the situation. If an incident should occur in spite of your efforts when no Officers are present, make sure to let your officers know as soon afterward as you can. If no club officers happen to be there, then ALL of the RC members that are there need to make the attempt to take that person aside, and strongly suggest that the offending RC member go somewhere else to settle down.
24. Be aware that problems created in one part of the country by a RC member or issues with the RC in one area have the potential to affect RC members in other areas and states.
25. The term Brother or Bro has special meaning to a Patchholder, do not call a Patchholder Brother or Bro. Their Brothers are fellow Patchholders and those that have earned that term.
26. Don't ever touch any part of another club member's colors, which includes the vest or jacket it's sewn on. That is considered serious disrespect, which could cause them to aggressively educate the un-informed.
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MC Club Basics
The Club
The intent of this section is to give you an overview of the structure and philosophy of the traditional motorcycle club (MC). This does not necessarily express the feelings or priorities of any particular club, as all motorcycle clubs differ on some points. Regardless of the basic philosophy of this group, it is important that you understand the perspectives of other clubs that you may be associating with from time to time.If motorcycles influence your lifestyle, then you are part of the motorcycle community. Of all the types of organizations found within that community, the traditional motorcycle club stands apart and ranks highest in stature.
Respect
A serious MC club commands respect for one reason. Those who are correctly informed recognize the deep level of personal commitment and self discipline that a man has to demonstrate and sustain in order to wear a patch. They realize that a club's "Colors" are closely guarded and the membership process is long and difficult. Other factors notwithstanding, they respect Patchholders for what they have accomplished by being able to earn and keep the patch they wear. This is respect born out of recognition of dedication and accomplishment. The MC Club strives for respect for this reason. This is especially true as it pertains to those persons outside of the motorcycle community. This segment of society is by far the larger, and therefore represents a larger market for any fund raising activities that the group might undertake. It stands to reason that cultivating a relationship with these people is important, and to be perceived by them as "Biker Scum" would not be advantageous to the group. They will therefore conduct themselves as upstanding citizens in every way... "Good neighbors" so to speak. The goal is to be admired and respected by the general public rather than feared. The serious club, and all of its members and guests, will always conduct themselves publicly in a highly professional manner.
Club Colors
The general public does not draw a distinction between different club colors. In many cases, they simply can't tell the difference: we're all "Biker Scum" to them. If one club causes a problem that touches the public sector, the offending club's identity is either confused or ignored and the heat comes down on all clubs. The general public does not make the distinction between a MC and an RC (Riding Club), therefore EVERYONE needs to be aware that no matter whether they are in an MC and RC or an Independent rider, their actions reflect on all in the motorcycle community. The MC clubs tend to police themselves to avoid such incidents.
Participation
A Patchholder will not discuss any club business whether it's about membership numbers, club goings on, or any member's personal information with anyone outside of the club. They understand that they are a Patchholder 24 hours a day whether or not they are wearing their colors. Everything they say or do in public can affect the club. They also understand that if they get out of line, that they are subject to be counseled for their own good and for that of the club. Wearing a patch is more than getting together for good times. It also means getting together for the other times, too. It constitutes a lot of work. It's committing themselves to a lifestyle in which they do not look for how their brothers or sisters can help them, but for ways that they can be of help to their brothers and sisters. They always look to give rather than to receive. All of this may seem very idealistic, and in some cases it's just that. But it is an ideal that all clubs profess and are always striving for in principle and practice.
Always be aware of the "Golden Rule" of conduct while traveling in club circles: If you give respect, you'll get respect. If you act with disrespect, then you'll be treated with the same.
Levels of Commitment
When someone earns their patch, it does not mean that he or she has reached the ultimate goal and from that point they can kick back and coast. Moving from guest to probation to Patchholder is not climbing from the bottom to the top, but rather more like climbing a constantly ascending slope, and in time becoming a stronger and more committed brother or sister. A person's probationary rocker and later their patch are merely presented in recognition of what they have demonstrated along the way. In this fashion, the more senior the Patchholder is in the club and the more they experience, the more of a brother or sister they should be to all.
Purpose of Probation / Prospecting
Probation is not an initiation, as you would find in a fraternity. It is instead a period of time that is sustained until the person, in every sense, conducts themselves with the respect that is mandated to be a Patchholder. It's a time in which:
The attitude is conditioned so that he/she displays a sense of responsibility and respect toward the patch holders of the club, without which they will not develop a sense of respect for the group.
He/she is educated in basic MC protocol and etiquette.
He/she is given time to develop the habits that are basic to good security and good communications.
To get into the habit of participating.
To become accustomed to trusting the judgment, at times blindly, of those patch holders who will someday be his or her brothers and sisters.
The list could go on but the point here is to demonstrate that probationary period has definite objectives and that a person will go nowhere in the club if he/she is not aware of this and does not apply themselves to those ends. It's not possible to make a checklist of what is expected from a person in all cases. There isn't any formula for success, but the key is ATTITUDE AND RESPECT. Everything else can be learned in time, but a person's attitude comes from the heart.
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The Snitch’s Tale
OFF THE WIRE
agingrebel.com
There is a battle for history going on in America. The winners will write it and for all the rest of human time the losers will be whatever the winners say they are. The fight is hardly over truth, justice, philosophy or perspective. It is all about the dollars. And a good illustration of this new history in our recently commoditized world is a book “written” by a self-proclaimed hero currently named Charles Falco with the assistance of the “true crime” writer Kerrie Droban.
The book is titled Vagos, Mongols and Outlaws: My Infiltration of America’s Deadliest Biker Gangs. It will be officially published by the Thomas Dunne division of St. Martin’s Press on February 5, 2013.
I started looking for this Falco guy in May 2012 after he was interviewed by a Fox crime reporter in Los Angeles. The reporter’s name is Chris Blatchford. His “investigative report” was titled “The Green Nation is on a mission to replace the Hells Angels as the baddest outlaw biker gang.” The Green Nation – for anyone who just stumbled upon these words while searching for discounted beauty products or classic rock CDs – refers to the Vagos Motorcycle Club. Members of that club tend to wear a lot of green.
Police have long accused the Vagos of being a ruthless mafia. And, although the Vagos sincerely feel exactly the same way about the police, correct thinking Americans are compelled by both right wing and left wing social orthodoxy to agree with the cops. At the same time there is no denying that outlaw bikers are now a mass media commodity. You’ve probably noticed this. If you haven’t there may be other subtleties of the post-millennial world that yet elude you. Like, that little thing you see everywhere that looks like a model of one the black slabs in 2001: A Space Odyssey, is called an iPhone. Yes. It is spelled just like that. Welcome to Eisenhower’s nightmare.
An unignorable segment of the world’s male population, with a correspondingly obvious pile of loose cash, is fascinated with men like the Vagos. Motorcycle outlaws are the new James Bond. Like Bond, no one wants to defend them, no one wants to know them, no one in his right mind even wants to stand next to one of them lest they get blown up but very many men want to be them: Because of the untraceable guns; the uninhibited stompings and stabbings; the beautiful, easily available, wanton, multi-orgasmic women; the forbidden intoxicants; and, best of all, because outlaws demand the fear and respect that is usually reserved only for political nerds and the business school graduates who majored in stealing other people’s houses and pensions. The Vagos represent something unacknowledged but unforgotten in postmodern males. And, this fantasy identification with capable, confident, free, proud and dangerous men may say something about what has gone wrong with America. It might even partly explain the continuing cablecast of Sons of Anarchy on FX and The Devils Ride on Discovery. But, history is no longer about meaning. Blatchford illustrates that.
Blatchford was working both sides of this street during his two part, Sunday night, sweeps month news event. The story was so important that Fox devoted almost 15 minutes to the subject, divided between two newscasts, betting that Blatchford could manufacture enough vicarious thrills that his audience would tune in and then not change channels minute after minute after endless, commercial free, television minute. Fox accused the Vagos of being traffic scofflaws, psychopaths and sexists. Blatchford owns a George Foster Peabody Award, but in L.A. he is more famous for his dramatic delivery. He is to Los Angeles something like what John Facenda once was to Philadelphia. Blatchford explained one snatch of footage with a stentorian, “Even their own women, as you can see spelled out on the back of their jackets, are branded property of the Vago who owns them.” No matter how this pronouncement might look on a page it sounded more important when Blatchford said it.
Falco was one of the biker authorities Blatchford interviewed on camera. Falco is a large man with a slight lisp. He wore cool, dark glasses and the television reporter identified him as “Charles Falco who infiltrated the Vagos for two and a half years.”
I have a long and continuing interest in the world of motorcycle clubs and it seemed to me at the time that what Blatchford’s story really meant was that the Bureau of Alcohol, Tobacco, Firearms and Explosives was preparing for the long-expected racketeering case against the Vagos by softening up the jury pool. Now I think Blatchford’s expose had at least as much to do with history, cross media synergy and, of course, bucks.
The ability to type words into the Google search field also revealed that Falco was the subject of a forthcoming book then titled Inside Out: My Life Undercover with the Vagos. It took months to find the capsule review Blatchford wrote for Falco’s book. Chris loved it. “The paranoia of crooks, the desperation of incarceration, the fear of getting whacked, and survival working undercover in a brutal biker world devoid of common decency. You can read about it all in this book. But Charles Falco actually lived it and miraculously came out a better man. Chris Blatchford, author of The Black Hand”
Falco’s name used to be Ashley Charles Wyatt. I don’t quite believe him when he tells me this but I later learn that he is at least named Ashley Wyatt and he has always answered to Charles. He went to high school in the San Fernando Valley and he has Wyatt tattooed on the back of his head. At one point he also had a Vagos Victorville side rocker tattooed on his right torso. Vagos remember him well.
In the club he was called Charles or sometimes Tijuana Charles – the latter because he was almost arrested one night for pissing on a wall down Mexico way. The club name he gives himself in interviews including his interview with Blatchford and in “his” book is Quickdraw. That phrase was a jest thrown at him one night in a bar. The throwaway line was preserved on audio, in a device hidden in his asthma inhaler and apparently, after almost seven years reflection, he decided he liked Quickdraw better than Charles. There isn’t anything particularly wrong or unusual about revising one’s personal recollections. “Yes, I have a thousand tongues,” Stephen Crane confessed, “And nine and ninety-nine lie.” I think the lies mean something different with Falco than they did with Crane though, because Crane was honest and self-deprecating about his life while Falco now seeks to alchemize his personal recollections into a valuable commodity.
“What do you think when you hear that? ‘Quickdraw,’” a gracious gentleman asks me as I prepare to write this.
“Gunfighter,” I answer. The gentleman makes a silent, contemptuous gesture.
Falco also claims that members of the American Outlaws Association may remember him as “Chef,” possibly a reference to a previous career he claims as a methamphetamine manufacturer.
Falco has a Reno phone number but, he tells me, “I do not live in Reno and never have. I entered the Witness Protection Program in 2007. Thus, I was given a complete new identity which is what I use now.”
After riding with the Vagos the snitch earned Bachelor’s and Master’s degrees, mostly online, in Bible Studies from Liberty Christian University and he went significantly into debt doing it. That surprised me. I had not previously known that a seeker could actually go into debt studying the Bible but Falco told me he had. And, even the United States Marshals are powerless against the kingpins of the student loan racket. “The Marshals do not allow you to get out of past debt,” Falco explains. “So in my case I owed several thousand dollars in student loans that I still pay under Ashley. These bills are sent to Marshal mail drops, which are then sent to DC, which are then sent to my area Marshal field office, who then sends them to me. I have several of these Marshal mail drops in California and Nevada that I use. Kind of cool on how this works! I am no longer in this program, but they still forward my mail. Even after you leave the WPP you keep your new identity, since it is now your legal new name. I hope that makes sense.”
The logistics made sense even if the part about going into debt reading the Bible did not. A face-to-face interview might have helped me better understand but my conversations with the snitch were accomplished in writing, by email with his muse and chronicler Kerrie Droban acting as an intermediary.
Falco has a GMX.com email address. Global Mail Exchange is a German telecommunications company. And, after I wrote to him at charlesfalco@gmx.com he insisted that we use one of Droban’s email accounts. I suspect he is in Phoenix. If he wanted to avoid Vagos, Mongols and Outlaws as he has reasons to do, he might feel most safe in Cave Creek near Sonny Barger’s home, but that is only my blind hunch.
Even if Falco is exactly where I think he is as long as he is careful he will remain virtually invisible. There are at least two other Charles Falcos in Arizona. One of them is an almost famous, Harley riding, physics professor in Tucson. That Charles Falco was one of the curators of the Guggenheim museum’s famous exhibit “The Art of the Motorcycle.” So if you just Google Charles Falco and Arizona and motorcycle you will get the wrong man every time. The professor and the snitch both wear dark mustaches. A second Charles Falco in Arizona is an old guy in Yuma.
I begin with the obvious. “Will you be answering the questions or Kerrie? I’m sure it would be lovely to have a conversation with her but I would prefer to have a conversation with you.”
“I don’t know how to prove to you that I am not Kerrie,” the snitch replies promptly, “but I can tell you that she is a much better writer than me.” He answers multiple questions in a single paragraph. “I have never had anything to do with the HA. They were hunting us as Outlaws though, so I know how they operate. I never heard of a five part plan to get rid of motorcycle clubs. The ATF is not interested in motorcycle clubs, just motorcycle gangs. I think the ATF has done a great job in decreasing the amount of criminal activity these gangs participate in. If you compare the U.S. biker gangs of the seventies and eighties with current U.S. biker gangs, they have about ten percent of the criminal power they once had. I believe this (is the result of) the great job law enforcement (has done) in bringing these gang members to justice. I truly believe that.” Maybe he truly does.
The interview with the snitch stretches out. Near its conclusion, I while away a pleasant evening near the Beverly Hills end of the Sunset Strip with some gracious gentlemen who knew Ashley Charles Wyatt during all of his adventure with the Vagos. In the course of the conversation, as the night turned cold and I began to shiver, I asked the gentlemen to summarize Ashley Wyatt for me.
“Pussy,” one answered immediately.
“Snake!” A gracious gentleman shook his finger and another nodded his head up and down. “In a word, snake.”
“Punk,” one of them added in case I missed their point.
“Also, he is stoned all the time.”
“Like obnoxiously stoned. Constantly.”
“And, he’s not very smart.”
Falco’s stupidity may be why he, unlike most biker authorities, has heard of me. “I have been reading your articles for years,” he tells me, “and I know you lean toward the one percenter side of stories.” He is broadminded and tolerant of my shortcomings. “While, I know most of what you believe about the ATF is incorrect I still value your right to free speech.”
If only we had been able to meet face to face I’m sure I would have said, “Thank you.”
Falco is evasive and vague about the events that led him to betray a group of men who all call each other “brother.”
The gracious gentlemen in West Hollywood are much more straightforward. “Charles was arrested in 1995 in Las Vegas for armed robbery. He got 5 years. Not sure if it was suspended or how that ended up. He was then rearrested at LAX for failing to declare over twenty thousand in cash that he was carrying on his person. Then he admitted it was drug money. He sold himself to the world and in March 2004 he started hanging around the Vagos. The raids were in March 2006 so he was around the club for a few days less than two years. Does that help?” It helped.
While Wyatt/Falco was awaiting sentencing, “he called every police force he could find and volunteered to work for them. He finally hooked up with the DEA and then with the ATF.”
Falco’s version is more cinematic. It is also contradicts what I have been told by multiple sources. Not that that means anything. Truth plus two dollars will buy you a cup of coffee.
“I was one of the most loyal criminals I had ever met. I made most of my closest friends a small fortune. During those years I would have died before turning. That was before I was betrayed by everyone, loved ones, friends and business partners. Of course, shortly after this life changing betrayal, the DEA and US Customs raided my house. I had been betrayed in every way even though I had been loyal in every way. When the cops raided my house I was in a bottomless pit and that day my life was saved. I became an informant. But not by betraying friends. Instead I worked the streets like an undercover going after criminals that I had no prior relationship with. I started to enjoy the work and started realizing the horribleness of my past deeds. Working undercover made me feel like I was repenting for my misdeeds and I felt like I was paying back society.
“After two years of working for the DEA I decided that I wanted to do something big, like infiltrating a gang, but I was not sure which kind or which one. I convinced my DEA handler that me infiltrating a gang was the best way I could help society and myself. My handler referred me to a Detective in the San Bernardino Sheriff’s Department who worked organized crime groups. I spoke with this detective and told her I could infiltrate any gang that a white male could become a member of and that all I needed to know was where they hung out. She said the gang that was committing a high amount of serious crimes was the Vagos MC. I had heard of them, but I had no prior relationship with any biker gang members, period. So she gave me the names of the bars where they hung out and from that information I was able to infiltrate the Victorville Chapter of the Vagos. Once I started to get close to some of the Vagos and it seemed I might be able to get in I was introduced to Koz and Carr (ATF Agents Darrin Kozlowski and John Carr). From there, the DEA handed me over to the ATF and Koz became my handler.”
“Koz is my hero. No other man has done more for me than him. He is a great man! You have wrong impressions of this guy and the rest of his team. They never, ever, went after these gangs as a personal vendetta. The ATF works gangs, that’s what they do.
“Koz is a great man. He always treated me with respect. He never looked down on me. He became a friend. He has always been there for me. Since I was an honest and devoted CI the ATF treated me as one of their own. In fact, they told the Vagos this when they arrested them. They still treat me this way. In fact, everyone I meet in law enforcement treats me as an equal, which is awesome. The government is much more loyal, fair, respectful and honest than any biker gang, criminal organization or maybe even any organization period. They are a true brotherhood of loyal, and honest friends.
“Ciccone (ATF Agent John Ciccone), Carr and Koz work biker gangs not because they have something personal against biker gangs but because it is their job to bring gang members to justice. The conspiracy stories are fiction when it comes to these three guys.”
In his book Falco describes himself as “a former Marine and ‘hard-core drug dealer,’ a ‘coyote’ who once smuggled human cargo across the border from Mexico.”
When asked to elaborate on his days in the drug business the snitch tells me, “I did move weight…I was a horrible man. From 1991 to 1995 I was a mid-level cocaine dealer. In 1996 I switched to selling meth. From 1998 to 2001 I manufactured about 125 pounds a year in meth, mostly in LA.”
I wanted to know more about his tragic betrayal by his friends.
“My betrayal I will not go too much into because I have forgiven and gone on with my life. It is very painful to reflect back, but I will tell you that everyone I was close to, with the exception of one person, betrayed me. Shortly, after the betrayals I became addicted to my own meth and shortly after that I was busted, so the police came at the perfect time. I was near death when they raided my house which turned around my life. After getting out of federal jail, I gave up meth and gave up living as a criminal.”
Falco’s statements to me and in his book are all a weird mix of truth and lies. It is obvious that he thinks I am so stupid that I will never catch on – and that I am so clueless that I will never try to verify what he says. For example, he does not tell me the name of the “Detective in the San Bernardino Sheriff’s Department who worked organized crime groups.” In his book Falco calls her “Samantha Kiles.” Multiple public documents call her “Shelli Kelly.” The lie about Samantha/Shelli/Kiles/Kelly stands out in hindsight because it is blatantly gratuitous. I began to realize that Wyatt/Falco lies because he likes to lie and also because he can’t stop himself.
He tells me: “I was not paid anything for Operation 22 Green…. You don’t work for the ATF for money. If you are doing it for money you would work for the FBI or DEA…. I did it because I felt like I was doing something great for our society and the government asked for my help.”
So I asked him, “How did you survive while you were doing volunteer undercover work? The usual procedure is that registered CIs earn a salary, which is now up to about $2,500 a month. In general, CIs participate in criminal activity. That is the point of CIs. Officially UCs, undercover agents and TFOs, tactical field officers, cannot commit crimes so CIs do the crimes instead. In general, CIs keep the profits from their crimes. Additionally, CIs are paid a performance bonus that typically reaches six figures when their work on their case is done. Let me ask you again, what and how were you paid?”
He replies, “While I was doing the Vago case I was told even a DUI could put me back in jail. We knew I would have to get in bar fights occasionally, but that was it. I took it on myself to take a hit of a marijuana joint if it was passed around and I was in front of a large group of Vagos. I did this so that they would not think I was a law enforcement officer. The ATF did not want me to even do something as minor as smoking a joint, but I thought I needed to. Otherwise, I would have looked too clean. If a CI is committing serious crimes while working undercover he or she would be charged for a crime just like anyone else. Just because you’re a CI does not mean you are above the law.”
I am still too dull to understand how Falco kept a roof over his head, food in his belly and gas in his tank.
“It was fair that I did not get paid for Operation 22 Green; I was still under heavy charges. Even though I had already done a couple years of work for the government I felt like and still do that I owe them my life. For me Rebel, the government saved me, so I feel forever indebted.”
“I am a Christian. I teach the youth group at my church. For me God and the Government saved my life.”
“I do not have anything personal against one percenters. I look at them as the same as any other gang, no worse no better, but they are a gang. They fight and kill over territory they do not own. While doing the Vagos’ investigation I worked a 9 to 5 job. I delivered car parts for a dealership. I also worked as a handyman for the Vago chapter president of the chapter I infiltrated.”
That Victorville chapter President was Scott “Psycho” Sikoff. He was Wyatt/Falco’s most loyal friend and defender in the club and his only visible means of support. The snitch later reported to his handlers that his friend had sold him weed and fought by his side. Sikoff was subsequently charged with assault with a deadly weapon and distribution of marijuana.
“These one percenter clubs, gangs, are not as loyal as people think. After Operation Black Diamond (Falco’s last infiltration for the ATF) more than half the members (of the American Outlaws Association that were) charged turned. The loyalty and brotherhood these clubs say they have for each other is one hundred percent bullshit. Not only do they betray each other after being arrested, but they were doing it all the time behind each other’s backs – fucking each other’s old ladies, lying, gossiping, and backstabbing each other for power. Betrayal is the normal part of the outlaw lifestyle and I don’t say this just because of my betrayal when I was a drug dealer, but because it was a constant part of what the outlaw bikers did to each other. I witnessed it day in and day out. It is not CIs and UCs these gangs should be watching out for. It is themselves.”
Some of what Falco tells me about this counterculture is true and some of it is not. The Vagos, like all outlaw clubs, strictly forbid adultery with a club brother’s woman. The old lady to whom he refers was the wife of the other ATF confidential informant in Operation 22 Green. All motorcycle outlaws gossip and they probably gossip a little more about each other than the general population because clubs tend to be very closed societies. I am not sure Falco really wants me to pursue the subject of truth and lies with him.
“I have told some people that I am interviewing ‘a snitch,’” I write. “Is that a fair term, in your opinion? Do you consider yourself a cop? I watched a little of a bad Tommy Lee Jones movie called Black Moon Rising the other day. The blurb described Jones’ character as a ‘freelance FBI agent.’ Ever consider yourself a ‘freelance ATF agent?’”
“Calling me a snitch is a little harsh, since I did not snitch on these guys, but I can picture you referring to me as a ‘snitch,’” he answers. “Again, I was never (one of those) one percenter(s) who got busted and decided to rat his friends out so he did not have to go to jail. From the first second, I met these guys I was working for the government. Their true brothers that betrayed them would be snitches, not me. I always called myself a private government contractor. Of course, I don’t think I am a cop. I’m not crazy. But they do treat me as one of their own.”
I sought and interviewed Falco/Charles/Tijuana Charles/Ashley because I was interested in the psychology of men who do what the snitch did. My first guess was that maybe he identified with the police. And near the end of his book he or Droban wrote, “Post-traumatic stress – it floated through my subconscious…. I escaped into the company of other agents. We formed our own brotherhood bound by common trauma…. All of us prepared each day to sacrifice our lives for a greater cause…. Like the other agents, I lived my life off duty.”
I conclude the snitch is a narcissist and probably a psychopath. No, I am not a psychologist. You don’t exactly have to be Sigmund Freud to see that Falco is a narcissist. You only have to have gone to community college. That one time. For a couple of days. Or so.
Most Americans think police investigate crimes. Ciccone’s gang tries to catch club members in the act of committing crimes. Sometimes they suggest the crimes. Frequently, these government agents facilitate real or imagined crimes – going so far as to act out episodes of “guerilla theater” (a term used by an Assistant U.S. Attorney following one of these investigation) including staged gunfights and game planned drug transactions. Typically, these investigations involve extensive electronic and other surveillance and data mining of club members in the hopes of catching someone somewhere doing something illegal. What those members get caught doing are usually minor assaults and minor drug and firearms transactions that would be prosecuted in state court if they were committed by anybody but a motorcycle club member. But, motorcycle club members and associates are almost always prosecuted under the racketeering statutes called RICO and VICAR which carry penalties of up to life imprisonment. Although it is not illegal to belong to a motorcycle club, club members are frequently coerced into pleading guilty to that non-existent crime. The ATF, to a lesser extent the FBI, and with increasing frequency the Department of Homeland Security are all at war with motorcycle clubs. The war is international and it is intended to drive all motorcycle clubs out of existence. Creative legal strategies have been devised to punish members for simply belonging to clubs like the Vagos, Mongols and Outlaws.
In the most successful investigations, ATF agents or their proxies, called Confidential Informants or Sources of Information, actually join clubs in order to both gather information about the membership and practices of the target organization but also, when the opportunity presents itself, to discover or manufacture reasons to prosecute club members. It is an astonishingly expensive war on social and political dissent. It has intensified since the September 11, 2001 terrorists attacks. It is, in fact, the greater part of the domestic “war on terror.” This part of the war against Al Qaeda is legitimized by rhetoric. Members and associates of clubs like the Vagos and the Outlaws are routinely called “domestic terrorists” and “street terrorists.” The clubs themselves are usually called “transnational gangs.”
Falco was an agent proxy in Operation 22 Green, Operation Black Rain and Operation Black Diamond. The names of these investigations are coined by bureaucrats for their estimated public relations effect.
Operation 22 Green employed two confidential informants, many dozens of ATF Agents and local police and lasted three years. During that time Falco and another informant made 25 alleged contraband purchases. At the conclusion of the long investigation police seized 132 legal firearms and two illegal firearms, 46 grams of cocaine, a total of about ten ounces of methamphetamine (I neglected to ask Wyatt/Falco if he cooked that crank), $15,000 in currency that was all later returned, firecrackers which were identified in the press as “explosives,” more than one thousand rounds of legally purchased and owned ammunition and numerous articles of clothing that indicated the wearer belonged to or supported the Vagos. Police also confiscated personal computers, photo albums, family souvenirs, cell phones and other personal items. The raids themselves were intended to punish their victims for belonging to a motorcycle club. At the conclusion of 22 Green 700 militarized police carried out an infantry assault intended mostly to punish club members and their families by wrecking their homes.
During the raids one Vago was found to have a Chinese throwing star embedded in a wall. He was charged with possession of a deadly weapon. Another Vago, a former martial arts instructor, home made a set of nunchucks thirty years before then literally nailed them to his garage wall as a decoration. He was charged with manufacturing a deadly weapon. During the dawn raids, a mother was pulled from her shower and dragged outside naked. A nine-year-old girl was only allowed to urinate if she let two Sheriffs watch.
Falco’s crowning achievement in this investigation was the tape recording of incriminating statements by a man who had knowledge of a homicide. The homicide was the result of a drug robbery gone wrong. One shot was fired, arguably by accident. One man was killed and a woman was wounded by the same bullet. Two subjects were charged with murder. One of them became a cooperating witness and was sentenced to one year in jail for voluntary manslaughter. The other suspect, Daniel Lee Foreman, was convicted of murder and sentenced to life in prison. It was not an open and shut case. Foreman would later write, “I was originally offered a seven year plea agreement on this same case…. The fact is, I turned it down on principle. Why should I accept any time for a crime I hadn’t committed?”
Falco told me, “Operation 22 Green was successful in my eyes, just for the murder case alone….”
After entering the witness protection program in 2007 Falco relocated to Lynchburg, Virginia and worked as a mechanic. He decided the next year “to return to my life undercover, but this time as a well-paid informant.” He volunteered with the Royal Canadian Mounted Police to try to infiltrate the Hells Angels in Ontario in return for $1 million. When that fell through his mentor and hero Kozlowski introduced him to the Richmond, Virginia chapter of the Mongols. At the same time, Kozlowski was working undercover as a member of the Cypress Park, California chapter of the Mongols. It was the conclusion of ATF Operation Black Rain and the Virginia Mongols were entirely the invention of the ATF. The Bureau, using a paid confidential informant named Daniel Horrigan and a source of information named Lars Wilson, established the Virginia Mongols as a way to gain information about other motorcycle clubs in Virginia. After the raids that officially concluded Black Rain, the three ATF agents and two paid confidential informants who comprised the Virginia Mongols applied for membership in another motorcycle club, the American Outlaws Association.
That investigation was eventually named Operation Black Diamond. Twenty-seven Outlaws were indicted for racketeering in June 2010. Most of them pled guilty to racketeering, which might sound impressive unless you understand that under current case law every organization is a racket and every member who has broken any law in the last ten years is a racketeer. The Boy Scouts and the Catholic Church are, technically, rackets. Virtually no one beats a racketeering charge at trial. Everybody except for the very rich and powerful pleads guilty to racketeering because it is usually the smart move. One Outlaw was gunned down by federal agents in Maine. The charges against another were dropped. The racketeering acts with which the men were charged included having illegal slot machines in Outlaws clubhouses, buying and selling contraband and several minor and not so minor assaults.
The big target in Operation Black Diamond was Outlaws National President Jack Rosga, a 53-year-old grandfather with no criminal record who was convicted of racketeering and sentenced to 20 years in prison.
Falco/Chef played virtually no part in Operation Black Rain and was mostly an observer during Operation Black Diamond. All of the war on the motorcycle outlaw menace in this moment in America is a kind of a circus. And in that circus Ashley/Falco/Charles/Chef was once one of the clowns. And that proves to be the single most annoying thing about “his” book. The putative author has no story to tell.
“I saw Kerrie on Gangland,” the snitch answers. “So, I read her book. I thought it was great. I found her email address and asked if she would be interested in writing my book.”
Blatchford?
“Blatchford was doing a story on the Vagos and he was referred to me. We talked on the phone and I told him I would love to do an interview with him. I watched him for years in L.A. and have always enjoyed his reports. He was very nice, professional. Other than that I don’t know much more about him.”
“Who referred you?”
“Blatchford was referred to me by my agent. He seemed to be a bright and nice guy. He loves to expose the truth about gangs, which I think is a noble thing.”
Falco’s agent is San Diego literary agent Jill Marsal. Marsal politely declined to comment about the Falco book. But she probably represents Falco in only a limited way called “hip-pocketing” which means she represents Falco for this one project. Her relationship with Kerrie Droban is more established.
Droban is an attorney, a former prosecutor and a mother who practices law in a country club suburb north of Phoenix. She aspires to earn what Robert Frost’s called the “gift word,” which is “poet.” Droban is widely reviled in the outlaw world. Many club members think her total lack of sympathy for and her fatuousness about motorcycle outlaws is annoying. And, just when she is starting to enjoy some commercial success she seems to be fading as a writer. Long before she became a biker authority Droban wrote a few lines I particularly like.
I’ll tell you about my days in Kenya: Inevitably, flying termites litter the porchWith wings in the season of heavy rain.Males struggle naked on the stones,Their female mates already gone.Umbula, the cook, fries them in chocolate. I cannot describe the tasteThere has never been much money in poetry and after her days in Kenya, if there actually were days in Kenya, Droban became a prosecutor. Her prince turned out to be a Glendale, Arizona homicide detective named Sergei Droban. She turned to prose and she had no more success than most writers until her social and professional connections introduced her to the ATF infiltration of the Arizona Angels. Her first publishing success was Running With The Devil. It was the best book published about Operation Black Biscuit. Although, that is faint praise. The other writers were the pompous and self-important Julien Sher, the psychotherapeutically intriguing Jay “Bird” Dobyns and the children’s book author Nils Johnson-Shelton.
Voila! The poet began to appear in publicity photos wearing a black leather jacket. Step by step, Droban stopped being a writer and instead became a “brand.” As dogs learn to sit up and beg, she learned to say, “My author brand is graphic realism. Raw, gritty stories that demand an audience.” Marsal became her agent and she sold Droban’s second biker book, Prodigal Father, Pagan Son: Growing Up Inside the Dangerous World of the Pagans Motorcycle Club, to a mystifyingly successful writer and editor at St. Martin’s Press, named Rob Kirkpatrick.
Kirkpatrick, 43, became a big success after he wrote a bad and un-insightful book about the year 1969 called 1969. He sold and was paid for what the world most needs now, yet another biography of Bruce Springsteen, and he published a biography of former Senators shortstop Cecil Travis. He has been described as “a journalist, a historian, a sociologist, and a sportswriter.” He has been a talking head on the History Channel and he “also writes about film, music, sports, and cultural issues for The Huffington Post.” After he published Prodigal Father, Pagan Son he bought the rights to Droban’s collaboration with Wyatt/Falco in November 2011.
About his work as an editor Kirkpatrick has written, “I specialize in narrative nonfiction and have built an eclectic list including history, sports, pop culture, and biography/memoir. I look to publish entertaining and compelling stories – especially books that should have been written before but hadn’t – and seek to effectively position all my books with memorable titles, enthusiastic blurbs, and eye-catching covers. In my ‘free’ time, I’ve also completed a PhD in English….”
Kirkpatrick ignored a request to answer basic questions about the Falco book. The questions he would not answer included “How was the book fact checked? Was it submitted to the ATF for authorization?” “Should a ‘true-crime’ book be true? Is it necessary that it be true?” And, “Briefly, in what ways are you responsible for this book?”
I believe he wrote the book blurb that he expects will “effectively position” the Wyatt/Falco/Droban collaboration. The blurb argues, “In separate investigations that spanned years and coasts, Falco risked his life, suffering a fractured neck and a severely torn shoulder, working deep undercover to bring violent sociopaths to justice.” Falco’s injuries are significantly overstated. The snitch couldn’t keep up with an ATF agent while riding his motorcycle in the rain in Virginia, ran onto the grass and went over the high side.
Kirkpatrick continues, “Falco’s engrossing account of the dangers of the biker underworld and justice is perfect for fans of FX’s Sons of Anarchy as well as Hunter Thompson’s classic Hell’s Angels.”
Kirkpatrick’s job is to create book products that pander to niche marketing categories. With this book he is chasing the Sons of Anarchy audience. He is also chasing after people who have read Hunter Thompson’s book about the Angels. He wants to tell those audiences a story that looks to him like a proven success. In other words he thinks the snitch’s tale is the exact same story that has sold well for almost fifty years. And also, he thinks Falco’s book is exactly the same as a story that was invented in a conference room in Hollywood. He either doesn’t care or notice that neither Droban or Falco is exactly in Thompson’s league as a writer, or for that matter even Kurt Sutter’s.
You should know about Kirkpatrick because whatever story Falco told Droban, and whatever story Droban wrote, it has now been tailored to fit a well worn editorial formula. This is simply how modern publishing works – just as Blatchford trading his cache as a journalist to ingratiate himself to Marsal and Kirkpatrick is exactly how modern journalism works. This is how Jenna Bush became a best selling author and journalist. Kirkpatrick exemplifies what Jay Dobyns meant several years ago, by “some 5th Avenue pogue whose biggest risk in life has been to decide how much of his 401k to take out to buy his yacht.” St. Martin’s offices are on 5th Avenue in Manhattan.
Because Falco did so little other than get stoned and incriminate a man who may or may not be guilty of murder, much of the book attempts to describe what Wyatt/Falco dreamt. “I dreamed of rushing rapids, of light shallow water, of warning Vs in the ripples. There’s something down there, I shouted into cold winds. But no one heard me. River left. I paddled furiously toward shore. River left. Get out. Get out. Eddy the boat. Obstacle ahead.” Apparently Droban thought that if she just free associated enough of this crap, the word count might eventually total the number specified in her contract.
Most of the book is written in a narrative voice authors usually use to manipulate their readers into closely identifying with a fictional hero. “My heart hammered against my chest. Surrounded by dark shapes clad in denim and dirty patches of heat, I had never felt more alone. As an informant, I had no backup, no surveillance team, no one to hear the bullet penetrate my skull if things soured…. Not only had I confirmed for the government that the Vagos trafficked in drugs and illegal weapons; I had also established they were involved in committing homicides, the violent trademark of motorcycle gangs. I swelled with a sense of duty, of serving society. My role was no longer about self-preservation, it was about justice.”
Over and over Falco wears his duplicity like a Silver Star:
“I wanted to shout out, ‘Not me, not me, I’m not one of them. I’m one of the good guys.” “I wasn’t my costume, I wasn’t a badass. I was one of the good guys.” “Through our testimony we would likely join the ranks of other ‘brave and noble’ men who paid the price to crush Al-Qaeda terrorists or chill further mob violence.” “Meanwhile, Koz worried that I had become too soft, ‘too nice, too much of a gentleman’ gangster. He didn’t want me to be like ‘fucking James Bond,’ but he urged me to ‘be more aggressive, act more like a real gangster.’” “For three years I knew my role, and the culmination of my life’s work.” “Strangely, the lying bothered me the most even though I had been deceptive about my life since I was nineteen years old: first as a drug dealer, then as an informant and now as a completely revised person.” “Like soldiers returning from war, I imagined I experienced similar post-traumatic stress.” “Neither Twist nor the Vagos loved me or each other, they loved the idea of me and their brotherhood.” “For the briefest of moments I felt what a celebrity must.” “The whole idea that Vagos would defend each other, even die for each other, was bullshit. Code, club colors was all illusion and delusion. The seduction of being someone else was an addiction.” “I drifted off to my safe place, my subconscious.” “Some experiences are too profound to translate: war, military service, and life undercover.” “In a few hours, I would return to that lonely place, to the underworld, inhabited by undercover operatives, where my life completely transformed.”
Really sings doesn’t it? Maybe it was the prose Blatchford loved. How about you? Do you think you would like to read another 70,000 words of this?
The phony Falco informs his eager audience that all Vagos are phonies. “The notion that motorcycle gangs had any interest in charities or children was perverse. They needed money to fund their drug and arms deals. And they fit into the real world the way sociopaths blended, by mimicking human emotion and wearing acceptable masks, by pretending to care about children’s causes.”
And, among other atrocities, members of the Outlaw Motorcycle Club are anti “little people.” In one of the dozens of story lines in this insider account Falco becomes afraid that his new club brothers might force him to fuck the three-foot-tall porn star Bridget the Midget. “That night I crawled into the van, but sleep eluded me. Bridget floated into my conscience.” Into his “conscience.” Not his consciousness but his conscience.
I want to punch Falco in the face that night on the Strip. I want to punch somebody in the face as I make the always thrilling, diving right turn from Sunset onto La Cienega with a very important taxi in a hurry just behind me. I want to punch the cab driver in the face. I want to punch somebody in the face because I have been told, by people who love me, that I have anger issues.
And, also I want to punch somebody in the face because we now live in a moment of lies. The government lies to us. The government lies to itself. The police lie to judges. Doctors lie to patients. Charles Falco, Kerrie Droban and Rob Kirkpatrick are all lying. And, I know those lies are tomorrow’s historical truth. And, if I throw enough punches at history maybe I will leave a mark.
agingrebel.com
There is a battle for history going on in America. The winners will write it and for all the rest of human time the losers will be whatever the winners say they are. The fight is hardly over truth, justice, philosophy or perspective. It is all about the dollars. And a good illustration of this new history in our recently commoditized world is a book “written” by a self-proclaimed hero currently named Charles Falco with the assistance of the “true crime” writer Kerrie Droban.
The book is titled Vagos, Mongols and Outlaws: My Infiltration of America’s Deadliest Biker Gangs. It will be officially published by the Thomas Dunne division of St. Martin’s Press on February 5, 2013.
I started looking for this Falco guy in May 2012 after he was interviewed by a Fox crime reporter in Los Angeles. The reporter’s name is Chris Blatchford. His “investigative report” was titled “The Green Nation is on a mission to replace the Hells Angels as the baddest outlaw biker gang.” The Green Nation – for anyone who just stumbled upon these words while searching for discounted beauty products or classic rock CDs – refers to the Vagos Motorcycle Club. Members of that club tend to wear a lot of green.
Police have long accused the Vagos of being a ruthless mafia. And, although the Vagos sincerely feel exactly the same way about the police, correct thinking Americans are compelled by both right wing and left wing social orthodoxy to agree with the cops. At the same time there is no denying that outlaw bikers are now a mass media commodity. You’ve probably noticed this. If you haven’t there may be other subtleties of the post-millennial world that yet elude you. Like, that little thing you see everywhere that looks like a model of one the black slabs in 2001: A Space Odyssey, is called an iPhone. Yes. It is spelled just like that. Welcome to Eisenhower’s nightmare.
An unignorable segment of the world’s male population, with a correspondingly obvious pile of loose cash, is fascinated with men like the Vagos. Motorcycle outlaws are the new James Bond. Like Bond, no one wants to defend them, no one wants to know them, no one in his right mind even wants to stand next to one of them lest they get blown up but very many men want to be them: Because of the untraceable guns; the uninhibited stompings and stabbings; the beautiful, easily available, wanton, multi-orgasmic women; the forbidden intoxicants; and, best of all, because outlaws demand the fear and respect that is usually reserved only for political nerds and the business school graduates who majored in stealing other people’s houses and pensions. The Vagos represent something unacknowledged but unforgotten in postmodern males. And, this fantasy identification with capable, confident, free, proud and dangerous men may say something about what has gone wrong with America. It might even partly explain the continuing cablecast of Sons of Anarchy on FX and The Devils Ride on Discovery. But, history is no longer about meaning. Blatchford illustrates that.
Blatchford was working both sides of this street during his two part, Sunday night, sweeps month news event. The story was so important that Fox devoted almost 15 minutes to the subject, divided between two newscasts, betting that Blatchford could manufacture enough vicarious thrills that his audience would tune in and then not change channels minute after minute after endless, commercial free, television minute. Fox accused the Vagos of being traffic scofflaws, psychopaths and sexists. Blatchford owns a George Foster Peabody Award, but in L.A. he is more famous for his dramatic delivery. He is to Los Angeles something like what John Facenda once was to Philadelphia. Blatchford explained one snatch of footage with a stentorian, “Even their own women, as you can see spelled out on the back of their jackets, are branded property of the Vago who owns them.” No matter how this pronouncement might look on a page it sounded more important when Blatchford said it.
Falco was one of the biker authorities Blatchford interviewed on camera. Falco is a large man with a slight lisp. He wore cool, dark glasses and the television reporter identified him as “Charles Falco who infiltrated the Vagos for two and a half years.”
I have a long and continuing interest in the world of motorcycle clubs and it seemed to me at the time that what Blatchford’s story really meant was that the Bureau of Alcohol, Tobacco, Firearms and Explosives was preparing for the long-expected racketeering case against the Vagos by softening up the jury pool. Now I think Blatchford’s expose had at least as much to do with history, cross media synergy and, of course, bucks.
The ability to type words into the Google search field also revealed that Falco was the subject of a forthcoming book then titled Inside Out: My Life Undercover with the Vagos. It took months to find the capsule review Blatchford wrote for Falco’s book. Chris loved it. “The paranoia of crooks, the desperation of incarceration, the fear of getting whacked, and survival working undercover in a brutal biker world devoid of common decency. You can read about it all in this book. But Charles Falco actually lived it and miraculously came out a better man. Chris Blatchford, author of The Black Hand”
2
I started looking for Falco approximately as an ugly, old drunk looks for love. I blindly bumped into bodies until eventually, one metaphorical closing time, I got lucky.Falco’s name used to be Ashley Charles Wyatt. I don’t quite believe him when he tells me this but I later learn that he is at least named Ashley Wyatt and he has always answered to Charles. He went to high school in the San Fernando Valley and he has Wyatt tattooed on the back of his head. At one point he also had a Vagos Victorville side rocker tattooed on his right torso. Vagos remember him well.
In the club he was called Charles or sometimes Tijuana Charles – the latter because he was almost arrested one night for pissing on a wall down Mexico way. The club name he gives himself in interviews including his interview with Blatchford and in “his” book is Quickdraw. That phrase was a jest thrown at him one night in a bar. The throwaway line was preserved on audio, in a device hidden in his asthma inhaler and apparently, after almost seven years reflection, he decided he liked Quickdraw better than Charles. There isn’t anything particularly wrong or unusual about revising one’s personal recollections. “Yes, I have a thousand tongues,” Stephen Crane confessed, “And nine and ninety-nine lie.” I think the lies mean something different with Falco than they did with Crane though, because Crane was honest and self-deprecating about his life while Falco now seeks to alchemize his personal recollections into a valuable commodity.
“What do you think when you hear that? ‘Quickdraw,’” a gracious gentleman asks me as I prepare to write this.
“Gunfighter,” I answer. The gentleman makes a silent, contemptuous gesture.
Falco also claims that members of the American Outlaws Association may remember him as “Chef,” possibly a reference to a previous career he claims as a methamphetamine manufacturer.
Falco has a Reno phone number but, he tells me, “I do not live in Reno and never have. I entered the Witness Protection Program in 2007. Thus, I was given a complete new identity which is what I use now.”
After riding with the Vagos the snitch earned Bachelor’s and Master’s degrees, mostly online, in Bible Studies from Liberty Christian University and he went significantly into debt doing it. That surprised me. I had not previously known that a seeker could actually go into debt studying the Bible but Falco told me he had. And, even the United States Marshals are powerless against the kingpins of the student loan racket. “The Marshals do not allow you to get out of past debt,” Falco explains. “So in my case I owed several thousand dollars in student loans that I still pay under Ashley. These bills are sent to Marshal mail drops, which are then sent to DC, which are then sent to my area Marshal field office, who then sends them to me. I have several of these Marshal mail drops in California and Nevada that I use. Kind of cool on how this works! I am no longer in this program, but they still forward my mail. Even after you leave the WPP you keep your new identity, since it is now your legal new name. I hope that makes sense.”
The logistics made sense even if the part about going into debt reading the Bible did not. A face-to-face interview might have helped me better understand but my conversations with the snitch were accomplished in writing, by email with his muse and chronicler Kerrie Droban acting as an intermediary.
Falco has a GMX.com email address. Global Mail Exchange is a German telecommunications company. And, after I wrote to him at charlesfalco@gmx.com he insisted that we use one of Droban’s email accounts. I suspect he is in Phoenix. If he wanted to avoid Vagos, Mongols and Outlaws as he has reasons to do, he might feel most safe in Cave Creek near Sonny Barger’s home, but that is only my blind hunch.
Even if Falco is exactly where I think he is as long as he is careful he will remain virtually invisible. There are at least two other Charles Falcos in Arizona. One of them is an almost famous, Harley riding, physics professor in Tucson. That Charles Falco was one of the curators of the Guggenheim museum’s famous exhibit “The Art of the Motorcycle.” So if you just Google Charles Falco and Arizona and motorcycle you will get the wrong man every time. The professor and the snitch both wear dark mustaches. A second Charles Falco in Arizona is an old guy in Yuma.
3
Falco agrees to be interviewed. “I am not doing this interview because I think you will make my book a best seller,” he explains. “My main purpose is to give you correct information.”I begin with the obvious. “Will you be answering the questions or Kerrie? I’m sure it would be lovely to have a conversation with her but I would prefer to have a conversation with you.”
“I don’t know how to prove to you that I am not Kerrie,” the snitch replies promptly, “but I can tell you that she is a much better writer than me.” He answers multiple questions in a single paragraph. “I have never had anything to do with the HA. They were hunting us as Outlaws though, so I know how they operate. I never heard of a five part plan to get rid of motorcycle clubs. The ATF is not interested in motorcycle clubs, just motorcycle gangs. I think the ATF has done a great job in decreasing the amount of criminal activity these gangs participate in. If you compare the U.S. biker gangs of the seventies and eighties with current U.S. biker gangs, they have about ten percent of the criminal power they once had. I believe this (is the result of) the great job law enforcement (has done) in bringing these gang members to justice. I truly believe that.” Maybe he truly does.
The interview with the snitch stretches out. Near its conclusion, I while away a pleasant evening near the Beverly Hills end of the Sunset Strip with some gracious gentlemen who knew Ashley Charles Wyatt during all of his adventure with the Vagos. In the course of the conversation, as the night turned cold and I began to shiver, I asked the gentlemen to summarize Ashley Wyatt for me.
“Pussy,” one answered immediately.
“Snake!” A gracious gentleman shook his finger and another nodded his head up and down. “In a word, snake.”
“Punk,” one of them added in case I missed their point.
“Also, he is stoned all the time.”
“Like obnoxiously stoned. Constantly.”
“And, he’s not very smart.”
Falco’s stupidity may be why he, unlike most biker authorities, has heard of me. “I have been reading your articles for years,” he tells me, “and I know you lean toward the one percenter side of stories.” He is broadminded and tolerant of my shortcomings. “While, I know most of what you believe about the ATF is incorrect I still value your right to free speech.”
If only we had been able to meet face to face I’m sure I would have said, “Thank you.”
Falco is evasive and vague about the events that led him to betray a group of men who all call each other “brother.”
The gracious gentlemen in West Hollywood are much more straightforward. “Charles was arrested in 1995 in Las Vegas for armed robbery. He got 5 years. Not sure if it was suspended or how that ended up. He was then rearrested at LAX for failing to declare over twenty thousand in cash that he was carrying on his person. Then he admitted it was drug money. He sold himself to the world and in March 2004 he started hanging around the Vagos. The raids were in March 2006 so he was around the club for a few days less than two years. Does that help?” It helped.
While Wyatt/Falco was awaiting sentencing, “he called every police force he could find and volunteered to work for them. He finally hooked up with the DEA and then with the ATF.”
Falco’s version is more cinematic. It is also contradicts what I have been told by multiple sources. Not that that means anything. Truth plus two dollars will buy you a cup of coffee.
4
“I started as a DEA informant,” Falco says, beginning where all good story tellers begin, in the middle of things, “and I was one for two years before I became an informant for the ATF. Prior to becoming an informant for the DEA, I was a drug dealer.“I was one of the most loyal criminals I had ever met. I made most of my closest friends a small fortune. During those years I would have died before turning. That was before I was betrayed by everyone, loved ones, friends and business partners. Of course, shortly after this life changing betrayal, the DEA and US Customs raided my house. I had been betrayed in every way even though I had been loyal in every way. When the cops raided my house I was in a bottomless pit and that day my life was saved. I became an informant. But not by betraying friends. Instead I worked the streets like an undercover going after criminals that I had no prior relationship with. I started to enjoy the work and started realizing the horribleness of my past deeds. Working undercover made me feel like I was repenting for my misdeeds and I felt like I was paying back society.
“After two years of working for the DEA I decided that I wanted to do something big, like infiltrating a gang, but I was not sure which kind or which one. I convinced my DEA handler that me infiltrating a gang was the best way I could help society and myself. My handler referred me to a Detective in the San Bernardino Sheriff’s Department who worked organized crime groups. I spoke with this detective and told her I could infiltrate any gang that a white male could become a member of and that all I needed to know was where they hung out. She said the gang that was committing a high amount of serious crimes was the Vagos MC. I had heard of them, but I had no prior relationship with any biker gang members, period. So she gave me the names of the bars where they hung out and from that information I was able to infiltrate the Victorville Chapter of the Vagos. Once I started to get close to some of the Vagos and it seemed I might be able to get in I was introduced to Koz and Carr (ATF Agents Darrin Kozlowski and John Carr). From there, the DEA handed me over to the ATF and Koz became my handler.”
“Koz is my hero. No other man has done more for me than him. He is a great man! You have wrong impressions of this guy and the rest of his team. They never, ever, went after these gangs as a personal vendetta. The ATF works gangs, that’s what they do.
“Koz is a great man. He always treated me with respect. He never looked down on me. He became a friend. He has always been there for me. Since I was an honest and devoted CI the ATF treated me as one of their own. In fact, they told the Vagos this when they arrested them. They still treat me this way. In fact, everyone I meet in law enforcement treats me as an equal, which is awesome. The government is much more loyal, fair, respectful and honest than any biker gang, criminal organization or maybe even any organization period. They are a true brotherhood of loyal, and honest friends.
“Ciccone (ATF Agent John Ciccone), Carr and Koz work biker gangs not because they have something personal against biker gangs but because it is their job to bring gang members to justice. The conspiracy stories are fiction when it comes to these three guys.”
In his book Falco describes himself as “a former Marine and ‘hard-core drug dealer,’ a ‘coyote’ who once smuggled human cargo across the border from Mexico.”
When asked to elaborate on his days in the drug business the snitch tells me, “I did move weight…I was a horrible man. From 1991 to 1995 I was a mid-level cocaine dealer. In 1996 I switched to selling meth. From 1998 to 2001 I manufactured about 125 pounds a year in meth, mostly in LA.”
I wanted to know more about his tragic betrayal by his friends.
“My betrayal I will not go too much into because I have forgiven and gone on with my life. It is very painful to reflect back, but I will tell you that everyone I was close to, with the exception of one person, betrayed me. Shortly, after the betrayals I became addicted to my own meth and shortly after that I was busted, so the police came at the perfect time. I was near death when they raided my house which turned around my life. After getting out of federal jail, I gave up meth and gave up living as a criminal.”
Falco’s statements to me and in his book are all a weird mix of truth and lies. It is obvious that he thinks I am so stupid that I will never catch on – and that I am so clueless that I will never try to verify what he says. For example, he does not tell me the name of the “Detective in the San Bernardino Sheriff’s Department who worked organized crime groups.” In his book Falco calls her “Samantha Kiles.” Multiple public documents call her “Shelli Kelly.” The lie about Samantha/Shelli/Kiles/Kelly stands out in hindsight because it is blatantly gratuitous. I began to realize that Wyatt/Falco lies because he likes to lie and also because he can’t stop himself.
He tells me: “I was not paid anything for Operation 22 Green…. You don’t work for the ATF for money. If you are doing it for money you would work for the FBI or DEA…. I did it because I felt like I was doing something great for our society and the government asked for my help.”
So I asked him, “How did you survive while you were doing volunteer undercover work? The usual procedure is that registered CIs earn a salary, which is now up to about $2,500 a month. In general, CIs participate in criminal activity. That is the point of CIs. Officially UCs, undercover agents and TFOs, tactical field officers, cannot commit crimes so CIs do the crimes instead. In general, CIs keep the profits from their crimes. Additionally, CIs are paid a performance bonus that typically reaches six figures when their work on their case is done. Let me ask you again, what and how were you paid?”
He replies, “While I was doing the Vago case I was told even a DUI could put me back in jail. We knew I would have to get in bar fights occasionally, but that was it. I took it on myself to take a hit of a marijuana joint if it was passed around and I was in front of a large group of Vagos. I did this so that they would not think I was a law enforcement officer. The ATF did not want me to even do something as minor as smoking a joint, but I thought I needed to. Otherwise, I would have looked too clean. If a CI is committing serious crimes while working undercover he or she would be charged for a crime just like anyone else. Just because you’re a CI does not mean you are above the law.”
I am still too dull to understand how Falco kept a roof over his head, food in his belly and gas in his tank.
“It was fair that I did not get paid for Operation 22 Green; I was still under heavy charges. Even though I had already done a couple years of work for the government I felt like and still do that I owe them my life. For me Rebel, the government saved me, so I feel forever indebted.”
“I am a Christian. I teach the youth group at my church. For me God and the Government saved my life.”
“I do not have anything personal against one percenters. I look at them as the same as any other gang, no worse no better, but they are a gang. They fight and kill over territory they do not own. While doing the Vagos’ investigation I worked a 9 to 5 job. I delivered car parts for a dealership. I also worked as a handyman for the Vago chapter president of the chapter I infiltrated.”
That Victorville chapter President was Scott “Psycho” Sikoff. He was Wyatt/Falco’s most loyal friend and defender in the club and his only visible means of support. The snitch later reported to his handlers that his friend had sold him weed and fought by his side. Sikoff was subsequently charged with assault with a deadly weapon and distribution of marijuana.
5
When I become too annoying Falco writes, “I think you still look at our society from a one percenter view point which is anti-social. I could be wrong but your opinions seem slanted that way. I hope that does not offend you. In no way do I think I am better than you or anybody else. As an ex-criminal the first thing I had to change when going straight was the way I thought. When you’re a criminal or gang member you try to justify why you do what you do. When I was a criminal I thought the only thing that was wrong to do was hurt or kill the innocent or snitch. That is a completely anti-social way of looking at the world.”“These one percenter clubs, gangs, are not as loyal as people think. After Operation Black Diamond (Falco’s last infiltration for the ATF) more than half the members (of the American Outlaws Association that were) charged turned. The loyalty and brotherhood these clubs say they have for each other is one hundred percent bullshit. Not only do they betray each other after being arrested, but they were doing it all the time behind each other’s backs – fucking each other’s old ladies, lying, gossiping, and backstabbing each other for power. Betrayal is the normal part of the outlaw lifestyle and I don’t say this just because of my betrayal when I was a drug dealer, but because it was a constant part of what the outlaw bikers did to each other. I witnessed it day in and day out. It is not CIs and UCs these gangs should be watching out for. It is themselves.”
Some of what Falco tells me about this counterculture is true and some of it is not. The Vagos, like all outlaw clubs, strictly forbid adultery with a club brother’s woman. The old lady to whom he refers was the wife of the other ATF confidential informant in Operation 22 Green. All motorcycle outlaws gossip and they probably gossip a little more about each other than the general population because clubs tend to be very closed societies. I am not sure Falco really wants me to pursue the subject of truth and lies with him.
“I have told some people that I am interviewing ‘a snitch,’” I write. “Is that a fair term, in your opinion? Do you consider yourself a cop? I watched a little of a bad Tommy Lee Jones movie called Black Moon Rising the other day. The blurb described Jones’ character as a ‘freelance FBI agent.’ Ever consider yourself a ‘freelance ATF agent?’”
“Calling me a snitch is a little harsh, since I did not snitch on these guys, but I can picture you referring to me as a ‘snitch,’” he answers. “Again, I was never (one of those) one percenter(s) who got busted and decided to rat his friends out so he did not have to go to jail. From the first second, I met these guys I was working for the government. Their true brothers that betrayed them would be snitches, not me. I always called myself a private government contractor. Of course, I don’t think I am a cop. I’m not crazy. But they do treat me as one of their own.”
I sought and interviewed Falco/Charles/Tijuana Charles/Ashley because I was interested in the psychology of men who do what the snitch did. My first guess was that maybe he identified with the police. And near the end of his book he or Droban wrote, “Post-traumatic stress – it floated through my subconscious…. I escaped into the company of other agents. We formed our own brotherhood bound by common trauma…. All of us prepared each day to sacrifice our lives for a greater cause…. Like the other agents, I lived my life off duty.”
I conclude the snitch is a narcissist and probably a psychopath. No, I am not a psychologist. You don’t exactly have to be Sigmund Freud to see that Falco is a narcissist. You only have to have gone to community college. That one time. For a couple of days. Or so.
6
Factually, Falco was a participant in three, intertwined, ATF run, biker investigations. All three were connected to a small cadre of ATF agents that members of the Bureau have frankly called “Ciccone’s Gang” after ATF biker specialist John Ciccone. Ciccone, who expects to retire in another two years, has spent most of his career in the Bureau investigating, collecting intelligence about and making cases against outlaw motorcycle clubs. He has – by his own account but there is no reason to doubt him – participated in more than 200 motorcycle club investigations. He works out of the ATF Field Office in Glendale, California. And since 1997, beginning with a “One Percenter Task Force” investigation of the Hells Angels and the Sundowners Motorcycle Clubs in Los Angeles, Ciccone has worked with ATF agents William Queen, Jay Dobyns, Vincent Cefalu, John Carr and Darrin Kozlowski on multiple occasions. Ciccone is a short, appealing and handsome man who has taken pains to avoid public attention but two of the associates, Queen and Dobyns, have written best selling books. Dobyns and Cefalu have reinvented themselves as “ATF whistleblowers.” Carr has participated in a direct way in at least four investigations of biker clubs. Kozlowski has participated in undercover investigations of the Vagos twice, the Warlocks twice, the Outlaws, the Hells Angels, the Mongols and the Sons of Silence. An outlaw named Kevin “Spike” O’Neill who is now serving a life sentence has called Kozlowski a psychopath.Most Americans think police investigate crimes. Ciccone’s gang tries to catch club members in the act of committing crimes. Sometimes they suggest the crimes. Frequently, these government agents facilitate real or imagined crimes – going so far as to act out episodes of “guerilla theater” (a term used by an Assistant U.S. Attorney following one of these investigation) including staged gunfights and game planned drug transactions. Typically, these investigations involve extensive electronic and other surveillance and data mining of club members in the hopes of catching someone somewhere doing something illegal. What those members get caught doing are usually minor assaults and minor drug and firearms transactions that would be prosecuted in state court if they were committed by anybody but a motorcycle club member. But, motorcycle club members and associates are almost always prosecuted under the racketeering statutes called RICO and VICAR which carry penalties of up to life imprisonment. Although it is not illegal to belong to a motorcycle club, club members are frequently coerced into pleading guilty to that non-existent crime. The ATF, to a lesser extent the FBI, and with increasing frequency the Department of Homeland Security are all at war with motorcycle clubs. The war is international and it is intended to drive all motorcycle clubs out of existence. Creative legal strategies have been devised to punish members for simply belonging to clubs like the Vagos, Mongols and Outlaws.
In the most successful investigations, ATF agents or their proxies, called Confidential Informants or Sources of Information, actually join clubs in order to both gather information about the membership and practices of the target organization but also, when the opportunity presents itself, to discover or manufacture reasons to prosecute club members. It is an astonishingly expensive war on social and political dissent. It has intensified since the September 11, 2001 terrorists attacks. It is, in fact, the greater part of the domestic “war on terror.” This part of the war against Al Qaeda is legitimized by rhetoric. Members and associates of clubs like the Vagos and the Outlaws are routinely called “domestic terrorists” and “street terrorists.” The clubs themselves are usually called “transnational gangs.”
Falco was an agent proxy in Operation 22 Green, Operation Black Rain and Operation Black Diamond. The names of these investigations are coined by bureaucrats for their estimated public relations effect.
Operation 22 Green employed two confidential informants, many dozens of ATF Agents and local police and lasted three years. During that time Falco and another informant made 25 alleged contraband purchases. At the conclusion of the long investigation police seized 132 legal firearms and two illegal firearms, 46 grams of cocaine, a total of about ten ounces of methamphetamine (I neglected to ask Wyatt/Falco if he cooked that crank), $15,000 in currency that was all later returned, firecrackers which were identified in the press as “explosives,” more than one thousand rounds of legally purchased and owned ammunition and numerous articles of clothing that indicated the wearer belonged to or supported the Vagos. Police also confiscated personal computers, photo albums, family souvenirs, cell phones and other personal items. The raids themselves were intended to punish their victims for belonging to a motorcycle club. At the conclusion of 22 Green 700 militarized police carried out an infantry assault intended mostly to punish club members and their families by wrecking their homes.
During the raids one Vago was found to have a Chinese throwing star embedded in a wall. He was charged with possession of a deadly weapon. Another Vago, a former martial arts instructor, home made a set of nunchucks thirty years before then literally nailed them to his garage wall as a decoration. He was charged with manufacturing a deadly weapon. During the dawn raids, a mother was pulled from her shower and dragged outside naked. A nine-year-old girl was only allowed to urinate if she let two Sheriffs watch.
Falco’s crowning achievement in this investigation was the tape recording of incriminating statements by a man who had knowledge of a homicide. The homicide was the result of a drug robbery gone wrong. One shot was fired, arguably by accident. One man was killed and a woman was wounded by the same bullet. Two subjects were charged with murder. One of them became a cooperating witness and was sentenced to one year in jail for voluntary manslaughter. The other suspect, Daniel Lee Foreman, was convicted of murder and sentenced to life in prison. It was not an open and shut case. Foreman would later write, “I was originally offered a seven year plea agreement on this same case…. The fact is, I turned it down on principle. Why should I accept any time for a crime I hadn’t committed?”
Falco told me, “Operation 22 Green was successful in my eyes, just for the murder case alone….”
After entering the witness protection program in 2007 Falco relocated to Lynchburg, Virginia and worked as a mechanic. He decided the next year “to return to my life undercover, but this time as a well-paid informant.” He volunteered with the Royal Canadian Mounted Police to try to infiltrate the Hells Angels in Ontario in return for $1 million. When that fell through his mentor and hero Kozlowski introduced him to the Richmond, Virginia chapter of the Mongols. At the same time, Kozlowski was working undercover as a member of the Cypress Park, California chapter of the Mongols. It was the conclusion of ATF Operation Black Rain and the Virginia Mongols were entirely the invention of the ATF. The Bureau, using a paid confidential informant named Daniel Horrigan and a source of information named Lars Wilson, established the Virginia Mongols as a way to gain information about other motorcycle clubs in Virginia. After the raids that officially concluded Black Rain, the three ATF agents and two paid confidential informants who comprised the Virginia Mongols applied for membership in another motorcycle club, the American Outlaws Association.
That investigation was eventually named Operation Black Diamond. Twenty-seven Outlaws were indicted for racketeering in June 2010. Most of them pled guilty to racketeering, which might sound impressive unless you understand that under current case law every organization is a racket and every member who has broken any law in the last ten years is a racketeer. The Boy Scouts and the Catholic Church are, technically, rackets. Virtually no one beats a racketeering charge at trial. Everybody except for the very rich and powerful pleads guilty to racketeering because it is usually the smart move. One Outlaw was gunned down by federal agents in Maine. The charges against another were dropped. The racketeering acts with which the men were charged included having illegal slot machines in Outlaws clubhouses, buying and selling contraband and several minor and not so minor assaults.
The big target in Operation Black Diamond was Outlaws National President Jack Rosga, a 53-year-old grandfather with no criminal record who was convicted of racketeering and sentenced to 20 years in prison.
Falco/Chef played virtually no part in Operation Black Rain and was mostly an observer during Operation Black Diamond. All of the war on the motorcycle outlaw menace in this moment in America is a kind of a circus. And in that circus Ashley/Falco/Charles/Chef was once one of the clowns. And that proves to be the single most annoying thing about “his” book. The putative author has no story to tell.
7
“How did you connect with Kerrie Droban?”“I saw Kerrie on Gangland,” the snitch answers. “So, I read her book. I thought it was great. I found her email address and asked if she would be interested in writing my book.”
Blatchford?
“Blatchford was doing a story on the Vagos and he was referred to me. We talked on the phone and I told him I would love to do an interview with him. I watched him for years in L.A. and have always enjoyed his reports. He was very nice, professional. Other than that I don’t know much more about him.”
“Who referred you?”
“Blatchford was referred to me by my agent. He seemed to be a bright and nice guy. He loves to expose the truth about gangs, which I think is a noble thing.”
Falco’s agent is San Diego literary agent Jill Marsal. Marsal politely declined to comment about the Falco book. But she probably represents Falco in only a limited way called “hip-pocketing” which means she represents Falco for this one project. Her relationship with Kerrie Droban is more established.
Droban is an attorney, a former prosecutor and a mother who practices law in a country club suburb north of Phoenix. She aspires to earn what Robert Frost’s called the “gift word,” which is “poet.” Droban is widely reviled in the outlaw world. Many club members think her total lack of sympathy for and her fatuousness about motorcycle outlaws is annoying. And, just when she is starting to enjoy some commercial success she seems to be fading as a writer. Long before she became a biker authority Droban wrote a few lines I particularly like.
I’ll tell you about my days in Kenya: Inevitably, flying termites litter the porchWith wings in the season of heavy rain.Males struggle naked on the stones,Their female mates already gone.Umbula, the cook, fries them in chocolate. I cannot describe the tasteThere has never been much money in poetry and after her days in Kenya, if there actually were days in Kenya, Droban became a prosecutor. Her prince turned out to be a Glendale, Arizona homicide detective named Sergei Droban. She turned to prose and she had no more success than most writers until her social and professional connections introduced her to the ATF infiltration of the Arizona Angels. Her first publishing success was Running With The Devil. It was the best book published about Operation Black Biscuit. Although, that is faint praise. The other writers were the pompous and self-important Julien Sher, the psychotherapeutically intriguing Jay “Bird” Dobyns and the children’s book author Nils Johnson-Shelton.
Voila! The poet began to appear in publicity photos wearing a black leather jacket. Step by step, Droban stopped being a writer and instead became a “brand.” As dogs learn to sit up and beg, she learned to say, “My author brand is graphic realism. Raw, gritty stories that demand an audience.” Marsal became her agent and she sold Droban’s second biker book, Prodigal Father, Pagan Son: Growing Up Inside the Dangerous World of the Pagans Motorcycle Club, to a mystifyingly successful writer and editor at St. Martin’s Press, named Rob Kirkpatrick.
Kirkpatrick, 43, became a big success after he wrote a bad and un-insightful book about the year 1969 called 1969. He sold and was paid for what the world most needs now, yet another biography of Bruce Springsteen, and he published a biography of former Senators shortstop Cecil Travis. He has been described as “a journalist, a historian, a sociologist, and a sportswriter.” He has been a talking head on the History Channel and he “also writes about film, music, sports, and cultural issues for The Huffington Post.” After he published Prodigal Father, Pagan Son he bought the rights to Droban’s collaboration with Wyatt/Falco in November 2011.
About his work as an editor Kirkpatrick has written, “I specialize in narrative nonfiction and have built an eclectic list including history, sports, pop culture, and biography/memoir. I look to publish entertaining and compelling stories – especially books that should have been written before but hadn’t – and seek to effectively position all my books with memorable titles, enthusiastic blurbs, and eye-catching covers. In my ‘free’ time, I’ve also completed a PhD in English….”
Kirkpatrick ignored a request to answer basic questions about the Falco book. The questions he would not answer included “How was the book fact checked? Was it submitted to the ATF for authorization?” “Should a ‘true-crime’ book be true? Is it necessary that it be true?” And, “Briefly, in what ways are you responsible for this book?”
I believe he wrote the book blurb that he expects will “effectively position” the Wyatt/Falco/Droban collaboration. The blurb argues, “In separate investigations that spanned years and coasts, Falco risked his life, suffering a fractured neck and a severely torn shoulder, working deep undercover to bring violent sociopaths to justice.” Falco’s injuries are significantly overstated. The snitch couldn’t keep up with an ATF agent while riding his motorcycle in the rain in Virginia, ran onto the grass and went over the high side.
Kirkpatrick continues, “Falco’s engrossing account of the dangers of the biker underworld and justice is perfect for fans of FX’s Sons of Anarchy as well as Hunter Thompson’s classic Hell’s Angels.”
Kirkpatrick’s job is to create book products that pander to niche marketing categories. With this book he is chasing the Sons of Anarchy audience. He is also chasing after people who have read Hunter Thompson’s book about the Angels. He wants to tell those audiences a story that looks to him like a proven success. In other words he thinks the snitch’s tale is the exact same story that has sold well for almost fifty years. And also, he thinks Falco’s book is exactly the same as a story that was invented in a conference room in Hollywood. He either doesn’t care or notice that neither Droban or Falco is exactly in Thompson’s league as a writer, or for that matter even Kurt Sutter’s.
You should know about Kirkpatrick because whatever story Falco told Droban, and whatever story Droban wrote, it has now been tailored to fit a well worn editorial formula. This is simply how modern publishing works – just as Blatchford trading his cache as a journalist to ingratiate himself to Marsal and Kirkpatrick is exactly how modern journalism works. This is how Jenna Bush became a best selling author and journalist. Kirkpatrick exemplifies what Jay Dobyns meant several years ago, by “some 5th Avenue pogue whose biggest risk in life has been to decide how much of his 401k to take out to buy his yacht.” St. Martin’s offices are on 5th Avenue in Manhattan.
8
The product of all these invisible social and economic forces, of Wyatt/Falco’s egomania, Kirkpatrick’s fatuousness and Droban’s ambition, is a dismal and bloated vampire novel with Falco starring in the role of Van Helsing. Just as the snitch now called Falco truly believes in his own importance I truly believe that publishing this waste of perfectly good trees should be prosecuted as an environmental crime. Most of what Wyatt/Falco/Droban/Kirkpatrick tell readers are lies. Not mistakes, not hyperbole but simply lies. There are so many lies that a legion of fact checkers would go blind trying to correct them all. Over and over, Vagos, Mongols and Outlaws are described as rabid, ravenous wolves. Civilians are innocent, fluffy, little bunnies. Oh no, little bunny! Don’t go in that bar! No! No!Because Falco did so little other than get stoned and incriminate a man who may or may not be guilty of murder, much of the book attempts to describe what Wyatt/Falco dreamt. “I dreamed of rushing rapids, of light shallow water, of warning Vs in the ripples. There’s something down there, I shouted into cold winds. But no one heard me. River left. I paddled furiously toward shore. River left. Get out. Get out. Eddy the boat. Obstacle ahead.” Apparently Droban thought that if she just free associated enough of this crap, the word count might eventually total the number specified in her contract.
Most of the book is written in a narrative voice authors usually use to manipulate their readers into closely identifying with a fictional hero. “My heart hammered against my chest. Surrounded by dark shapes clad in denim and dirty patches of heat, I had never felt more alone. As an informant, I had no backup, no surveillance team, no one to hear the bullet penetrate my skull if things soured…. Not only had I confirmed for the government that the Vagos trafficked in drugs and illegal weapons; I had also established they were involved in committing homicides, the violent trademark of motorcycle gangs. I swelled with a sense of duty, of serving society. My role was no longer about self-preservation, it was about justice.”
Over and over Falco wears his duplicity like a Silver Star:
“I wanted to shout out, ‘Not me, not me, I’m not one of them. I’m one of the good guys.” “I wasn’t my costume, I wasn’t a badass. I was one of the good guys.” “Through our testimony we would likely join the ranks of other ‘brave and noble’ men who paid the price to crush Al-Qaeda terrorists or chill further mob violence.” “Meanwhile, Koz worried that I had become too soft, ‘too nice, too much of a gentleman’ gangster. He didn’t want me to be like ‘fucking James Bond,’ but he urged me to ‘be more aggressive, act more like a real gangster.’” “For three years I knew my role, and the culmination of my life’s work.” “Strangely, the lying bothered me the most even though I had been deceptive about my life since I was nineteen years old: first as a drug dealer, then as an informant and now as a completely revised person.” “Like soldiers returning from war, I imagined I experienced similar post-traumatic stress.” “Neither Twist nor the Vagos loved me or each other, they loved the idea of me and their brotherhood.” “For the briefest of moments I felt what a celebrity must.” “The whole idea that Vagos would defend each other, even die for each other, was bullshit. Code, club colors was all illusion and delusion. The seduction of being someone else was an addiction.” “I drifted off to my safe place, my subconscious.” “Some experiences are too profound to translate: war, military service, and life undercover.” “In a few hours, I would return to that lonely place, to the underworld, inhabited by undercover operatives, where my life completely transformed.”
Really sings doesn’t it? Maybe it was the prose Blatchford loved. How about you? Do you think you would like to read another 70,000 words of this?
The phony Falco informs his eager audience that all Vagos are phonies. “The notion that motorcycle gangs had any interest in charities or children was perverse. They needed money to fund their drug and arms deals. And they fit into the real world the way sociopaths blended, by mimicking human emotion and wearing acceptable masks, by pretending to care about children’s causes.”
And, among other atrocities, members of the Outlaw Motorcycle Club are anti “little people.” In one of the dozens of story lines in this insider account Falco becomes afraid that his new club brothers might force him to fuck the three-foot-tall porn star Bridget the Midget. “That night I crawled into the van, but sleep eluded me. Bridget floated into my conscience.” Into his “conscience.” Not his consciousness but his conscience.
Postcript
I finish Falco/Wyatt/Charles/Droban/Kirkpatrick’s rotten book and abandon the interview with him. I know before I write half of it that this article is already a loser. I don’t want to write about Falco. I don’t like Falco. I want to punch him in the face.I want to punch Falco in the face that night on the Strip. I want to punch somebody in the face as I make the always thrilling, diving right turn from Sunset onto La Cienega with a very important taxi in a hurry just behind me. I want to punch the cab driver in the face. I want to punch somebody in the face because I have been told, by people who love me, that I have anger issues.
And, also I want to punch somebody in the face because we now live in a moment of lies. The government lies to us. The government lies to itself. The police lie to judges. Doctors lie to patients. Charles Falco, Kerrie Droban and Rob Kirkpatrick are all lying. And, I know those lies are tomorrow’s historical truth. And, if I throw enough punches at history maybe I will leave a mark.
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USA - Outlaw Bikers Surge Again
OFF THE WIRE
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Motorcycle clubs claim profiling in Calif.
OFF THE WIRE
Say that they are good people and should not be targeted for 'undue' law enforcement attention
OROVILLE, Calif. — While admitting many of them deliberately foster a "bad boy" persona, members of several motorcycle clubs went before the Butte County Board of Supervisors today to say they don't deserve to be treated as criminals, and resent it.
With their Harley-Davidson motorcycles parked in front of the county Administration Building, and wearing vests declaring themselves to be "Americans," "Bishops," "Just Brothers" and others, they came before the supervisors Tuesday to say they are good people and shouldn't be targeted for undue law enforcement attention.
Dave Gilbert, 71, president of the United Bikers of Butte County, said he rides with the Just Brothers, which he firmly said is not a gang.
He said several motorcycle clubs in Butte County do rides that are fundraisers for a host of charities.
"I am not a gang guy. I've never been arrested in my life. I'm a good guy," said Gilbert.
He and the others spoke during the public comment section of the meeting, when people can talk on any topic not on the agenda. The board cannot not take any action on what was said.
Gilbert and his colleagues said they find themselves being stopped by deputies and other law enforcement who want to take their pictures, particularly pictures of their tattoos and the bike's license plates.
He went on to say he had talked to Butte County Sheriff Jerry Smith about the situation and he was "very nice."
Bonnie Salmon, who owns Scooters Cafe on Highway 70 with her husband, Dan, said in the last month she has seen officers stop her clients in the cafe's parking lot.
She said the riders were being "profiled." She said the bike riders were being asked about their tattoos and patches.
Her husband said their business has dropped off since officers stopped bike riders at the cafe.
Bill McPhillips, an attorney from Canoga Park, said he was there representing the clubs. He said motorcycle clubs are places where a segment of "blue collar workers" tend to congregate.
"They have a certain style. They are easy to be picked out. They are being singled out because of the way they chose to express themselves. That is completely un-American," said the attorney.
"It is true, bikers like to cultivate the 'bad boy' image, but you've got to know they are your neighbors," said McPhillips.
The attorney and several of the bikers said the effort to come to the board had begun a dialogue that should lead to greater understanding.
Paradise Supervisor Kim Yamaguchi said he belongs to a cycle club that is affiliated with his church.
Supervisor Steve Lambert, who chairs the board, said "I think a bridge has been built here."
Sheriff Smith, who was present during the presentation, said outside the meeting, "We're not harassing anybody."
He said his staff has noted an upswing in the number of people on motorcycles wearing club colors that "we can't account for."
Smith said there has been some "misconceptions, misunderstandings perhaps," and he hoped his office and the club members can come to some common ground.
http://www.policeone.com/police-products/vehicles/motorcycles/articles/5936494-Motorcycle-clubs-claim-profiling-in-Calif/
Say that they are good people and should not be targeted for 'undue' law enforcement attention
OROVILLE, Calif. — While admitting many of them deliberately foster a "bad boy" persona, members of several motorcycle clubs went before the Butte County Board of Supervisors today to say they don't deserve to be treated as criminals, and resent it.
With their Harley-Davidson motorcycles parked in front of the county Administration Building, and wearing vests declaring themselves to be "Americans," "Bishops," "Just Brothers" and others, they came before the supervisors Tuesday to say they are good people and shouldn't be targeted for undue law enforcement attention.
Dave Gilbert, 71, president of the United Bikers of Butte County, said he rides with the Just Brothers, which he firmly said is not a gang.
He said several motorcycle clubs in Butte County do rides that are fundraisers for a host of charities.
"I am not a gang guy. I've never been arrested in my life. I'm a good guy," said Gilbert.
He and the others spoke during the public comment section of the meeting, when people can talk on any topic not on the agenda. The board cannot not take any action on what was said.
Gilbert and his colleagues said they find themselves being stopped by deputies and other law enforcement who want to take their pictures, particularly pictures of their tattoos and the bike's license plates.
He went on to say he had talked to Butte County Sheriff Jerry Smith about the situation and he was "very nice."
Bonnie Salmon, who owns Scooters Cafe on Highway 70 with her husband, Dan, said in the last month she has seen officers stop her clients in the cafe's parking lot.
She said the riders were being "profiled." She said the bike riders were being asked about their tattoos and patches.
Her husband said their business has dropped off since officers stopped bike riders at the cafe.
Bill McPhillips, an attorney from Canoga Park, said he was there representing the clubs. He said motorcycle clubs are places where a segment of "blue collar workers" tend to congregate.
"They have a certain style. They are easy to be picked out. They are being singled out because of the way they chose to express themselves. That is completely un-American," said the attorney.
"It is true, bikers like to cultivate the 'bad boy' image, but you've got to know they are your neighbors," said McPhillips.
The attorney and several of the bikers said the effort to come to the board had begun a dialogue that should lead to greater understanding.
Paradise Supervisor Kim Yamaguchi said he belongs to a cycle club that is affiliated with his church.
Supervisor Steve Lambert, who chairs the board, said "I think a bridge has been built here."
Sheriff Smith, who was present during the presentation, said outside the meeting, "We're not harassing anybody."
He said his staff has noted an upswing in the number of people on motorcycles wearing club colors that "we can't account for."
Smith said there has been some "misconceptions, misunderstandings perhaps," and he hoped his office and the club members can come to some common ground.
http://www.policeone.com/police-products/vehicles/motorcycles/articles/5936494-Motorcycle-clubs-claim-profiling-in-Calif/
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BABE OF THE DAY..
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USA - Squeezing breasts could prevent cancer, best study ever says
OFF THE WIRE
Getting to second base, the holy grail for hormonal boys, is now science: New research has shown that squeezing breasts could prevent malignant breast cells from causing cancer. This doesn’t give pervy dudes license to grope you on the subway, ladies, but it does mean boob-grabbing should be a regular part of your self-care routine (yes, absolutely try it DIY-style). Experiments found that physical pressure led cells back to normal growth patterns, and that even after compression was no longer applied, the malignant cells stopped growing. Spread the word, boob-lovers of the world. [Source]
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USA - Quick summary of knife laws
OFF THE WIRE
by Carl Donath
After following rec.knives for a while, it became obvious that a quick summary of knife laws would be handy. Here's what little I've been able to glean from my reading.
My goal is to find the clear portion of what is flat-out legal and easily summarized. I realize most states confuse the issue unmercifully; I'll let others figure out how to push the limits.
WARNING: This document is created from hearsay and whatever laws I could find. For legal advice, ask a lawyer. I could be lying. I only provide this to try to slightly improve the general lack of information on this subject. YOU are responsible for your own actions. If you don't know exactly what the laws are for any state or locale you are in, GO FIND OUT. (http://www.ncsl.org/public/sitesleg.htmis a good start, containing pointers to all state legislative sites.) I haven't updated this for a while, so consider it a cursory guide.
Use this as guidance: kids have been suspended for mere posession of nail clippers.
Canada
Airlines
Summary: No knives or sharp instruments of anykind.
by Carl Donath
After following rec.knives for a while, it became obvious that a quick summary of knife laws would be handy. Here's what little I've been able to glean from my reading.
My goal is to find the clear portion of what is flat-out legal and easily summarized. I realize most states confuse the issue unmercifully; I'll let others figure out how to push the limits.
WARNING: This document is created from hearsay and whatever laws I could find. For legal advice, ask a lawyer. I could be lying. I only provide this to try to slightly improve the general lack of information on this subject. YOU are responsible for your own actions. If you don't know exactly what the laws are for any state or locale you are in, GO FIND OUT. (http://www.ncsl.org/public/sitesleg.htmis a good start, containing pointers to all state legislative sites.) I haven't updated this for a while, so consider it a cursory guide.
Explaination
State (hyperlink goes to detailed explaination)- Summary:
- Max length:
- Specifically illegal:
- Relevant laws:
- Quirks:
- Local restrictions:
Basically, I want to answer the question "I'm flying to state X tomorrow, so which knife can I take?"
Size limit, measured the most unpleasant way possible. Some may permit longer in certain cases, but I won't suggest anything longer if it's in a gray area.
Specific styles which are explicitly forbidden.
Switchblade= Push a button/lever, it does the rest.
Gravity knives = Opened by gravity or centrifigual force. Butterfly knives (balisongs) included.
A quick pointer to roughly where the relevant laws are (ex. Penal Code 642)
Dark humor points (ex: a 1" lockback in a pocket is illegal, but a 15" Bowie swinging free is ok)
City/county restrictions.
Use this as guidance: kids have been suspended for mere posession of nail clippers.
US Knife Law Summary
- Ballistic knives (automatic blade throwers) are prohibited.
- Switchbladesmay not be transported/mailed across state lines unlessthe recipient intends to use it for military use.
- Possessing a knife in a federal facility is prohibited unless it is a pocket knife with blade under 2.5".
State Knife Law Summaries
Arizona- Summary: Generally clear. Illegal to carry "deadly weapon, (except a pocket knife) concealed."
- Max length: None apparent.
- Relevant laws: ARS book
- Summary: Anything capable of ready use as a stabbing weapon is illegal. All concealed knives are a felony (except non locking folders).
- Max length: chaotic
- Specifically illegal: Switchblades, gravity knives, exotic conceal methods (pen, lipstick, whatever)
- Relevant laws: PC 653K, PC 12020(24), California Laws, Commentary (apparently removed - someone know where?)
- Note that interpretations by cops and judges are wildly varied. Police have actually told law-abiding citizens to break the concealment laws, and a judge has deemed a blunt-point knife (Spyderco Mariner) a stabbing weapon.
- Quirks: Pens may be illegal (potential stabbing weapon).
- Local restrictions:
- Los Angeles
- Three inch limit for open carry without a good explanation.
- Summary: Sounds normal.
- Max length: Cutting edge under 4 inches
- Switchblades: Are legal to carry with a Dangerous Weapons Permit (DWP) only. Good luck trying to find a police station that has an application.
- Gravity knives: Same
- Relevant laws:
- Local restrictions: Some police chiefs don't want to give out DWP's
- Summary: A "common pocketknife" is OK. All "concealed weapons" (knives included) require a license.
- Max length: None apparent.
- Relevant laws: Chapter 790
- Local restrictions:
- Atlanta: A blade over 3" that LOCKS is illegal.
- Summary: Generally OK.
- Max length: None apparent.
- Specifically illegal: automatics & throwing stars.
- Relevant laws: Statutes mentioning "knife"
- Summary: OK for "normal" knives. Don't try to conceal any bowie, dirk, switchblade or butcher knife.
- Max length: None apparent.
- Specifically illegal: none apparent.
- Relevant laws: 97-37-*
- Quirks: Threatening actions with a knife in the presence of less than three people may be acceptable.
- Summary: any folder 4" or less is OK.
- Max length: 4"
- Relevant laws: State Laws (search for "knife")
- Summary: "Penknives" are OK. Anything else is borderline illegal and may require a concealed weapon permit.
- Max length: None apparent.
- Relevant laws: MD Statues Crimes and Punishments § 36, § 36A-O
- Quirks: You may carry a "weapon as a reasonable precaution against apprehended danger", but it's up to a tribunal to decide the reasonableness/appropriateness of posession.
- Local restrictions:
- Cecil, Anne Arundel, Talbot, Harford, Caroline, Prince George's, Montgomery, St. Mary's, Washington, Worcester, Kent, and Baltimore Counties have special prohibitions regarding children under 18 carrying knives. See § 36(a)(3).
- Summary: Nothing over 3.5"
- Max length: 3.5"
- A longer blade maybe legal, but it's subject post-fact to a judge's decision.
- Relevant laws: Statutes mentioning "knife"
- Statutes may refer only to concealed knives.
- Quirks:
- A "knife" is defined as having a blade over 3.5". A pocketknife under 3.5" is not a knife.
- Local restrictions:
- Linconln
- Switchblades are illegal.
- Summary: General folders OK. Single-edged fixed blades may be.
- Max length: Under 18 may not possess knife with 5" or longer blade, or 10" or longer overall. No other apparent limitation.
- Specifically illegal: gravity knife, switchblade knife, dagger, dirk, stiletto, or ballistic knife "without any explainable lawful purpose" (i.e. an ill-defined exemption). Manufacturers and sellers are not exempt.
- Relevant laws: 2C:39-3.e 2C:39-9.d 2C:39-9.1 (Statutes, search for "knife" or "knives")
- Summary: If it looks like a weapon, it's illegal.
- Max length: 6" (?)
- Specifically illegal: Switchblades and gravity knives unless hunting or fishing with permit
- Relevant laws: Penal law
- Local restrictions:
- New York City
- Must be under 4"
- Summary: Generally OK.
- Max length: None apparent.
- Specifically illegal: switchblades, belt-buckle knives
- Relevant laws: NRS 202
- Specifically illegal: switchblade, springblade knife, gravity (butterfly) knife, or similar weapon;
- Relevant laws: Search Statutes for "knife"
- Summary: 3" or less OK. Don't posess anything "designed to cut and stab another".
- Max length: 3" measured from where the handle ends, not where the sharpened edge begins.
- Specifically illegal:
- Posession of a dagger, dirk, stiletto, sword-in-cane, bowie knife, or other similar weapon designed to cut and stab another.
- Concealed carry upon one's person of the above-mentioned instruments or weapons, or any razor, or knife of any description having a blade of more than 3".
- Relevant laws: Title 11 Criminal Offenses § 11-47-42
- Quirks: Children under 18 may purchase the above weapons with written parental permission.
- Summary: Folders under 4" are OK.
- Max length: 4"
- Specifically illegal: Switchblades, gravity knives (probably)
- Quirks: Fixed blades are probablya no-no.
- Summary: Folders under 5.5" OK.
- Max length: 5.5"
- Specifically illegal: Switchblade, throwing knives, daggers (in general), bowie knives, swords and spears.
- Relevant laws: Penal Code 46
- Quirks: The one state people associate with Bowie knives explicitly forbids them.
- Summary: Don't conceal a dirk or bowie knife. Don't take a dangerous weapon (esp. bowie knife or dagger) to church.
- Max length: None apparent.
- Specifically illegal: Switchblades.
- Relevant laws: 18.2-308, search statutes for knife or knives.
- Quirks: 3.1-370: your knife must be cleaned daily.
- Summary: Anything over 3" is in a gray area.
- Max length: 3"
- Specifically illegal: switchblade, springblade knife, gravity (butterfly) knife, concealed dagger/dirk
- Relevant laws: Statutes mentioning "knife"
- Relevant laws: 134.71 (1)(a)9, 134.71 (1)(g)1, 134.71 (1)(h)1 (relating to pawn brokers), 941.24 (switchblades)
Canada
- Summary: Careful; the country is getting antsy about weapons.
- Specifically illegal: a knife that has a blade that opens automatically by gravity or centrifugal force or by hand pressure applied to a button, spring or other device in or attached to the handle of the knife.
- Relevant laws: Annual Statutes Of Canada, 1995 Chapter 39 (Bill C-68)
Airlines
Summary: No knives or sharp instruments of anykind.
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Know Your Rights When Dealing With Police Officers
OFF THE WIRE
"I DON'T WANT TO TALK UNTIL MY LAWYER IS PRESENT"
A Police Officers Worst Enemy Is A Well Informed Citizen Who Knows Their Rights!
Police officers hate to hear these words:
"Am I free to go?"
"I don't consent a search."
"I'm going to remain silent."
When a Police Officer Stops You
To stop you a police officer must have a specific reason to suspect your involvement in a specific crime and should be able to tell you that reason when you ask. This is known as reasonable suspicion. A police officer usually will pull you over for some type of "traffic violation," such as speeding or maybe not using your blinker. Throwing a cigarette butt or a gum wrapper out your car window is reason enough for the police to pull you over, ticket you for littering and start asking you all sorts of personal questions.
Your Rights During a Traffic Stop. Top Five (5) Things to Know About Protecting Yourself from the Police:
#1 - Safety. The first thing is your safety! You want to put the police officer at ease. Pull over to a safe place, turn off your ignition, stay in the car and keep your hands on the steering wheel. At night turn on the interior lights. Keep your license, registration, and proof of insurance always close by.
Build a trust with the police officer be a "good citizen" be courteous, stay calm, smile and don't complain. Show respect and say things like "sir and no sir." Never bad-mouth a police officer, stay in control of your words, body language and your emotions. "All this takes practice, try practicing with a friend." The idea is to get the police officer to understand that you're just an average ordinary citizen and let you get on your way down the road. Never touch a police officer and don't run away!
#2 - Never Talk To A Police Officer. The only questions you need to answer is your name, address and date of birth and nothing else! Instead of telling the police officer who you are, simply give him your drivers license or I.D. card. All the information the police officer needs to know about you can be found on your drivers license. Don't volunteer any more information to the police officer, if he ask you any other questions politely say "Am I free to go?" and then don't say another word.
#3 - I'm Going to Remain Silent. The Supreme Court has made a new ruling that you should Never Talk to a Police Officer without an attorney, but there's a CATCH! New Ruling Before you're allowed NOT to talk to a police officer, you must TELL the police officer "I'm Going to Remain Silent" and then keep your mouth shut!(How can you be falsely accused and charged if you don't say anything?) Anything you say or do can and will be used against you at any time by the police.
#3 - I'm Going to Remain Silent. The Supreme Court has made a new ruling that you should Never Talk to a Police Officer without an attorney, but there's a CATCH! New Ruling Before you're allowed NOT to talk to a police officer, you must TELL the police officer "I'm Going to Remain Silent" and then keep your mouth shut!(How can you be falsely accused and charged if you don't say anything?) Anything you say or do can and will be used against you at any time by the police.
#4 - Just Say NO to Police Searches! If a police officer didn't need your permission to search, he wouldn't be asking. Never give permission to a police officer to search you, your car or your home. If a police officer does search you, don't resist and keep saying "I don't consent to this search."
#5 - "Am I Free to Go?" As soon as the police officer ask you a question ask him "Am I free to go?" You have to ask if you're "free to go," otherwise the police officer will think you are voluntarily staying. If the police officer says that you're are being detained or arrested, say to the police officer"I'm Going to Remain Silent"
#5 - "Am I Free to Go?" As soon as the police officer ask you a question ask him "Am I free to go?" You have to ask if you're "free to go," otherwise the police officer will think you are voluntarily staying. If the police officer says that you're are being detained or arrested, say to the police officer"I'm Going to Remain Silent"
Anything You Say Can And Will Be Used Against You!
Police officers need your permission to have a conversation, never give it to them!
Never voluntarily talk to a police officer, there's no such thing as a "friendly chat" with a police officer. The Supreme Court has recently ruled that you should NOT talk to a police officer without a lawyer and you must say "I'm going to remain silent." It can be very dangerous to talk to a police officer or a Federal Agent. Innocent people have talked to a police officer and ended up in jail and prison, because they spoke to a police officer without an attorney.
Police officers have the same right as you "Freedom of Speech," they can ask you anything they want, but you should never answer any of their questions. Don't let the police officer try and persuade you to talk! Say something like "I'm sorry, I don't have time to talk to you right now." If the cop insists on talking to you, ask him "Am I free to go?" The police officer may not like when you refuse to talk to him and challenge you with words like, "If you have nothing to hide, why won't you speak to me? Say again "I told you I don't have time to talk to you right now, Am I free to go?" If you forget or the police officer tricks you into talking, it's okay just start over again and tell the police officer "I'm going to remain silent."
The Supreme Court has ruled that if a police officer doesn't force you to do something, then you're doing "voluntarily." That means if the police officer starts being intimidating and you do what he ask because you're "afraid," you still have done it voluntarily. (Florida v. Bostick, 1991) If you do what the police officer ask you to do such as allowing him to search your car or answer any of his questions, you are 'voluntarily' complying with his 'requests.'So don't comply, just keep your mouth shut unless you say "Am I Free to Go?" or "I don't consent to a search."
You have every right NOT to talk to a police officer and you should NOT speak to a police officer unless you have first consulted with a lawyer who has advised you differently. Police officers depend on fear and intimidation to get what they want from you. Police officers might say they will "go easy" on you if you talk to them, but they're LIARS! The government has made a law that allows police officers to lie to the American public. Another reason not to trust the police! So be as nice as possible, but stand your ground on your rights! Where do some of your rights come from? Read the Fourth and Fifth Amendment of the U.S. Constitution.
Traffic Stops and Your Rights
First of all keep your license, registration and proof of insurance in an easily accessible place such as attached to your sun visor. The less time it takes for you to get to these items, the less time the officer has to look through your windows and snoop. When pulled over by a police officer stay in the car, turn on the cab lights and keep your hands on the steering wheel. Sit still, relax and wait for the officer to come to you. Any sudden movements, ducking down, looking nervous or appearing to be searching for something under your seat is dangerous! Just sit up naturally be still and try to put the officer at ease."
Police officers like to ask the first question and that usually is, "do you know the reason I pulled you over?" The police officer is trying to get you to do two things, admit that you committed a traffic violation and to get you to "voluntarily" start a conversation with him.Remember the police officer is not your friend and should not be trusted! The only thing you should say is "I'm going to remain silent and am I free to go?"
The police officer might start asking you personal questions such as "where are you going, where have you been and who did you see, ect." At that point it's the perfect time to exercise your rights by asking the police officer "AM I FREE TO GO?" There is NO legal requirement that American citizens provide information about their comings and goings to a police officer. It's none of their damn business! Keep asking the police officers "AM I FREE TO GO?" You have to speak up and verbally ask the police officer if your allowed to leave, otherwise the courts will presume that you wanted to stay and talk to the cops on your own free will.
Passengers in your vehicle need to know their rights as well. They have the same right not to talk to a police officer and the right to refuse a search "unless it's a 'pat down' for weapons." The police will usually separate the passengers from each other and ask questions to see if their stories match. All passengers should always give the same answer and say, "I'm going to remain silent and am I free to go?" Remember you have to tell the police officer that you don't want to talk to him. It's the law
How long can a police officer keep you pulled over "detained" during a traffic stop? The Supreme Court has said no more than 15 minutes is a reasonable amount of time for a police officer to conduct his investigation and allow you to go FREE. Just keep asking the police officer "AM I FREE TO GO?"
A good time to ask "AM I FREE TO GO," is after the police officer has given you a "warning or a ticket" and you have signed it. Once you have signed that ticket the traffic stop is legally over says the U.S. Supreme Court. There's no law that requires you to stay and talk to the police officer or answer any questions. After you have signed the ticket and got your license back you may roll up your window, start your car and leave. If you're outside the car ask the police officer, "AM I FREE TO GO?" If he says yes then get in your car and leave.
Car Searches And Body Searches
Remember the police officer wouldn't be asking you, if he didn't need your permission to search! "The right to be free from unreasonable searches is one of America's most precious First Liberties."
Just because you're stopped for a traffic violation does NOT allow a police officer to search your car. However if you go riding around smoking a blunt and get pulled over, the police officer smells marijuana, sees a weapon or drugs in plain view he now has "probable cause" to search you car and that's your own stupid fault!
Police officers swore an oath to uphold the U.S. Constitution and not to violate your rights against unreasonable search and seizure Fourth Amendment. Denying a police officers request to search you or your car is not an admission of guilt, it's your American right! Some police officers might say, "if you have nothing to hide, you should allow me to search." Politely say to the police officer "I don't consent to a search and am I free to go?"
The police officer is allowed to handcuff you and/or detain and even put you in his police car for his safety. Don't resist or you will be arrested! There's a big difference between being detained and being arrested. Say nothing in the police car! Police will record your conversation inside the police car, say nothing to your friend and don't talk to the police officers!
If you are arrested and your car is towed, the police are allowed to take an "inventory" of the items in your car. If anything is found that's illegal, the police will get a warrant and then charge you with another crime.
Police Pat Downs...
For the safety of police officers the law allows the police to pat down your outer clothing to see if you have any weapons. If the police officer feels something that he believes is a weapon, then he can go into your pockets and pull out the item he believes is a weapon.
A police officer may ask you or even demand that you empty your pockets, but you have the right to say "NO, AM I FREE TO GO?" There's NO law that requires you to empty your pockets when a police officer "ask you." The only time a police officer should be taking your personal property out of your pockets is after you have been arrested.
If a Police Officer Knocks at Your Door at Home-You Don't Have to Open the Door!
If the police knock and ask to enter your home, you DON'T have to open the door unless they have a warrant signed by a judge. "If the police have a warrant they won't be knocking, they'll be kicking in your door!" There is NO law that requires you to open your door to a police officer.* Don't open your door with the chain-lock on either, the police will shove their way in. Simply shout to the police officers "I HAVE NOTHING TO SAY" or just don't say anything at all.
Guest and roommates staying in your home/apartment/dorm need to be aware of their rights specially "college students" and told not to open the door to a police officer or invite police officers into your home without your permission. Police officers are like vampires, they need your permission to come into your home. Never invite a police officer into your home, such an invitation not only gives police officers an opportunity to look around for clues to your lifestyle, habits, friends, reading material, etc; but also tends to prolong the conversation.
If you are arrested outside your home the police officer might ask if you would like to go inside and get your shoes or a shirt? He might even be nice and let you tell your wife or friend goodbye, but it's a trick! Don't let the police officer into your house!
If you are arrested outside your home the police officer might ask if you would like to go inside and get your shoes or a shirt? He might even be nice and let you tell your wife or friend goodbye, but it's a trick! Don't let the police officer into your house!
Never agree to go to the police station if the police want to question you. Just say, "I HAVE NOTHING TO SAY."
* In some emergency situations (for example when a someone is screaming for help from inside your home, police are chasing someone into your home, police see a felony being committed or if someone has called 911 from inside your house) police officers are then allowed to enter and search your home without a warrant.
Children have rights also, if you're under 18 click here. If your children don't know their rights and go talking to a teacher, school principal, police officer or a Federal agent without an attorney could cost your family dearly and change the lives of your family forever!
If a Police Officer Stops You On The Sidewalk...
NEVER give consent to talk to a police officer. If a police officer stops you and ask to speak with you, you're perfectly within your rights to say to the police officer "I do not wish to speak with you, good-bye. "New Law At this point you should be free to leave. The next step the police officer might take is to ask you for identification. If you have identification on you, tell the officer where it is and ask permission to reach for it. "Some states you're not required to show an I.D. unless the police officer has reasonable suspicion that you committed a crime." Know the laws in your state!
The police officer will start asking you questions again, at this point you may ask the officer "Am I Free to Go?" The police officer may not like this and may challenge you with words like, "If you have nothing to hide, why won't you speak to me?" Just like the first question, you do not have to answer this question either. Just ask "Am I Free to Go?"
Police officers need your permission to have a conversation, never give it to them. There is NO law that says you must tell a police officer where you are going or where you have been, so keep your mouth shut and say nothing! Don't answer any question (except name, address and age) until you have a lawyer.
Police officers need your permission to have a conversation, never give it to them. There is NO law that says you must tell a police officer where you are going or where you have been, so keep your mouth shut and say nothing! Don't answer any question (except name, address and age) until you have a lawyer.
Probable Cause...
A police officer has no right to detain you unless there exists reasonable suspicion that you committed a crime or traffic violation. However a police officer is always allowed to initiate a "voluntary" conversation with you. You always have the right not to talk or answer any questions a police officer ask you. Just tell the police officer "I'm going to remain silent."
Under the Fourth Amendment of the U.S. Constitution, police may engage in "reasonable" searches and seizures. To prove that a search is reasonable, the police must generally show that it's more likely than not that a crime has occurred and that if a search is conducted it is probable that the police officer will find evidence of the crime. This is called "probable cause."
Police may use first hand information or tips from an informant "snitch" to justify the need to search your property or you. If an informant's information is used, the police must prove that the information is reliable under the circumstances to a judge.
Here's a case when police officers took the word of a "snitch," claiming he knew where a "drug dealer" lived. The police officers took it upon themselves to go to this house that the snitch had "picked at random" and kick in the door at 1:30 in the morning ,without obtaining a search warrant from a judge. The aftermath was six police officers firing over 30 shots and shooting an innocent man 9 times in the back as he laid on the ground. Read How Police In Texas Are Allowed to Murder Innocent People and Get Away With It
Under the Fourth Amendment of the U.S. Constitution, police may engage in "reasonable" searches and seizures. To prove that a search is reasonable, the police must generally show that it's more likely than not that a crime has occurred and that if a search is conducted it is probable that the police officer will find evidence of the crime. This is called "probable cause."
Police may use first hand information or tips from an informant "snitch" to justify the need to search your property or you. If an informant's information is used, the police must prove that the information is reliable under the circumstances to a judge.
Here's a case when police officers took the word of a "snitch," claiming he knew where a "drug dealer" lived. The police officers took it upon themselves to go to this house that the snitch had "picked at random" and kick in the door at 1:30 in the morning ,without obtaining a search warrant from a judge. The aftermath was six police officers firing over 30 shots and shooting an innocent man 9 times in the back as he laid on the ground. Read How Police In Texas Are Allowed to Murder Innocent People and Get Away With It
Can We Trust Police Officers?
Are police officers allowed to lie to you? Yes the Supreme Court has ruled that police officers can lie to the American public. Police officers are trained at lying, twisting words and to be manipulative. Police officers and other law enforcement agents are very skilled at getting information from people. So don't try to "out smart" the police officer or try being a "smooth talker" because you will loose! If you can keep your mouth shut, you just might come out ahead more than you expected.
Teach your children that police officers are not always their friend and police officers must contact a parent for permission before they ask your child any questions. Remember police officers are trained to put you at ease and to gain your trust. Their job is to find, arrest and help convict a suspect and that suspect is you!
The federal government created a law that says citizens can't lie to Federal Agents and yet the government can lie to American Citizens. Makes perfect since doesn't it? The best thing you can do is ask for a lawyer and keep your mouth shut. How can you be charged with something if you haven't said anything?
Although police officers may seem nice and pretend to be on your side they are wanting to learn your habits, opinions, and affiliations of other people not suspected of wrongdoing. Don't try to answer a police officers questions, it can be very dangerous! You can never tell how a seemingly harmless bit of information that you give to a police officer might be used and misconstrued to hurt you or someone else. Keep in mind that lying to a federal agent is a crime. "This why Martha Stewart went to prison, not for insider trading but for lying to a Federal Agent."
Police officers may promise shorter sentences and other deals for statements or confessions from you. The police cannot legally make deals with people they arrest, but they can and will lie to you. The only person who can make a deal that can be enforced is the prosecutor and he should not talk with you without a lawyer present.
Lies That Police Officers Use To Get You To Talk...
There are many ways a police officer will try to trick you into talking. It's always safe to say the Magic Words: "Am I free to leave, if not I'm going to remain silent and I want a lawyer."
The following are common lie's the police use when they're trying to get you to talk to them:
* "You will have to stay here and answer my questions" or "You're not leaving until I find out what I want to know."
* "I have evidence on you, so tell me what I want to know or else." (They can fabricate fake evidence to convince you to tell them what they want to know.)
* "You're not a suspect, were simply investigating here. Just help us understand what happened and then you can go."
* "If you don't answer my questions, I won't have any choice but to take you to jail."
* "If you don't answer these questions, you'll be charged with resisting arrest."
* "Your friend has told his side of the story and it's not looking good for you, anything you want to say in your defense?"
If The Police Arrest You...
"I DON'T WANT TO TALK UNTIL MY LAWYER IS PRESENT"
* Don't answer questions the police ask you, (except name, address and age)until you have a lawyer.
* Even if the police don't read your Miranda Rights to you, refuse to say anything until your lawyer/public defender arrives. If you "voluntarily" talk to the police , then they don't have to read your Miranda Rights.
* If you're arrested and can not afford an attorney, you have the right to a public defender. If you get a public defender always make it clear to the judge that the public defender is not representing you, but merely is serving as your counsel.
* Do not talk to other jail inmates about your case.
* Within a reasonable time after your arrest or booking, you have the right to make a local phone call to a lawyer, bail bondsman, relative or any other person. The police may not listen to the call to the lawyer.
* If you're on probation or parole tell your P.O. you've been arrested and say nothing else!
COMMENT
COMMENT
Yesterday, when I was discussing this law with a group, a citizen asked "If you have nothing to hide, why not comply with the officer?" I answered with a sime question: "If the police have no probably cause, why are they intruding into my life?"
When did government intrusion become patriotic or accepted? For heaven's sake, this country was founded on the government staying out of our lives.
Lawyer Motorcycle Association
If a police officer demands that you produce identification, that demand is not a valid.
In The Hiibel case, the US Supreme Court (highest court in the land) specifically interprets Nevada's "Duty to Identify" statute (NRS 171.123) and ruled:
"It apparently does not require him to produce a driver's license or any ...other documentation. If he chooses either to state his name or communicate it to the officer by other means, the statute is satisfied and no violation occurs." Hiibel v Sixth Judicial Court of Nevada, 542 US 177 (2004)
Please note: the driver of a vehicle is required to produce a driver's license under a different law (but NOT the passenger)
COMMENT`
Don’t kill a cop. You will lose in Court. Enjoy life, get even as a juror (providing you’re eligible for jury service) and vote not guilty no matter what the evidence shows.
Slapstick and Pig,
If driving or riding and you have been pulled over, turn over your license, registration and insurance when asked. If cop starts asking ANY questions simply ask “am I free to leave?” If cop says “yes” then leave. If cop says “no” then say I “want a lawyer.” And continue to remain silent!
If walking down street and cop detains you in any way ask if you are free to go about your business. If cop says no then request a lawyer and remain silent. You do NOT have to take off your glasses, hat, do-rag, whatever … You do NOT have to turnover your cell phone. Do NOT allow a cop to search you or your house, car, bike, etc. without a warrant. When the cop does search without a warrant in violation of your Constitutional Rights immediately file a complaint against that cop. Immediately! Go to the cops station/division and file that complaint.
Cops put paper on us, we put paper on them. That simple.
And ALWAYS password protect your cell phone. Cops can search your cell phone in many instances without a warrant. Remain silent and don’t give up the password.
All of the above aggravates the shit out of cops. I know, I have done it many times.
When did government intrusion become patriotic or accepted? For heaven's sake, this country was founded on the government staying out of our lives.
Lawyer Motorcycle Association
If a police officer demands that you produce identification, that demand is not a valid.
In The Hiibel case, the US Supreme Court (highest court in the land) specifically interprets Nevada's "Duty to Identify" statute (NRS 171.123) and ruled:
"It apparently does not require him to produce a driver's license or any ...other documentation. If he chooses either to state his name or communicate it to the officer by other means, the statute is satisfied and no violation occurs." Hiibel v Sixth Judicial Court of Nevada, 542 US 177 (2004)
Please note: the driver of a vehicle is required to produce a driver's license under a different law (but NOT the passenger)
COMMENT`
Don’t kill a cop. You will lose in Court. Enjoy life, get even as a juror (providing you’re eligible for jury service) and vote not guilty no matter what the evidence shows.
Slapstick and Pig,
If driving or riding and you have been pulled over, turn over your license, registration and insurance when asked. If cop starts asking ANY questions simply ask “am I free to leave?” If cop says “yes” then leave. If cop says “no” then say I “want a lawyer.” And continue to remain silent!
If walking down street and cop detains you in any way ask if you are free to go about your business. If cop says no then request a lawyer and remain silent. You do NOT have to take off your glasses, hat, do-rag, whatever … You do NOT have to turnover your cell phone. Do NOT allow a cop to search you or your house, car, bike, etc. without a warrant. When the cop does search without a warrant in violation of your Constitutional Rights immediately file a complaint against that cop. Immediately! Go to the cops station/division and file that complaint.
Cops put paper on us, we put paper on them. That simple.
And ALWAYS password protect your cell phone. Cops can search your cell phone in many instances without a warrant. Remain silent and don’t give up the password.
All of the above aggravates the shit out of cops. I know, I have done it many times.
↧
Kickstarter - Record Electra's Debut Album (Pop, Rock, Classical) by Electra
Hello Philip!
I am emailing you to inform you about the Kickstarter our band is launching to help raise money for the recording of our debut album. The reason I am reaching out to you is in the hopes that you would be interested and/or willing to blog about it or post a message to all your fans and friends or have me on the show again or whatever suits you best! Other than people pledging the other most important contribution people can make is to spread the word. It would be an honor if you featured me and my kickstarter in a post or a show. If you are willing to do so, know that I will promote you and your work, and will have a page on my website thanking all those that helped out with the campaign. Your info and link to any of your sites will be posted on there.
Below is the preview link for my kickstarter:
http://www.kickstarter.com/projects/323849677/928014092?token=c7a1421b
As I mentioned its a preview so some edits may still occur before launching on May 12th, 2013. So if you decide to help out, please wait till the campaign launches before you publish anything and I will send you the appropriate link. The campaign will run for 30 days and end on my birthday, June 11th. It is an all or nothing campaign which means that I have to raise $15,000 within the 30 days. If I don't raise the full amount, then I will not receive any of the money and no one gets charged their pledges. With each pledge there are some great priceless incentives being given out.
If you have any questions or concerns please feel free to ask me.
I really appreciate your time and thank you in advance.
Hope to hear from you soon.
Best,
Electra
I am emailing you to inform you about the Kickstarter our band is launching to help raise money for the recording of our debut album. The reason I am reaching out to you is in the hopes that you would be interested and/or willing to blog about it or post a message to all your fans and friends or have me on the show again or whatever suits you best! Other than people pledging the other most important contribution people can make is to spread the word. It would be an honor if you featured me and my kickstarter in a post or a show. If you are willing to do so, know that I will promote you and your work, and will have a page on my website thanking all those that helped out with the campaign. Your info and link to any of your sites will be posted on there.
Below is the preview link for my kickstarter:
http://www.kickstarter.com/projects/323849677/928014092?token=c7a1421b
As I mentioned its a preview so some edits may still occur before launching on May 12th, 2013. So if you decide to help out, please wait till the campaign launches before you publish anything and I will send you the appropriate link. The campaign will run for 30 days and end on my birthday, June 11th. It is an all or nothing campaign which means that I have to raise $15,000 within the 30 days. If I don't raise the full amount, then I will not receive any of the money and no one gets charged their pledges. With each pledge there are some great priceless incentives being given out.
If you have any questions or concerns please feel free to ask me.
I really appreciate your time and thank you in advance.
Hope to hear from you soon.
Best,
Electra
↧
USA - Firing With Intent: Are American Cops Out of Control?
OF THE WIRE
This composition is brought to you by November Yankee
The fact that Boston bombing suspect Dzhokhar Tsarnaev was not armed when police opened fire on him is yet another disturbing revelation in how that case has been handled.
Boston Bombing Suspect Was Not Armed
For some perspective here, let’s think about a few other modern countries. In Britain, police don’t even carry guns. Or what about Germany? A country that has, historically, not been averse to violence or authoritarianism. Like just about any modern nation, Germany also has plenty of violent crime on their streets as well. But as you watch the following clip, keep an interesting little fact in mind. In 2011, across the entire country of Germany, police only fired a total of 85 bullets.
While some might argue that police don’t have to be as aggressive in places like England, because of severe restrictions on gun ownership, keep in mind, again, that the suspect here was not armed. Also keep in mind that in places like Switzerland, crime is extremely low even when compared to other European nations, yet they have the third highest per-capita gun ownership in the world.
While some have argued that what we saw happen out in Boston was not proof that we live in a police-state, because it “doesn’t happen every day” those people are making several critical flaws in their thinking.
First, when we see police going door to door storming houses without warrants and ripping people from their homes, it really doesn’t make any difference at all how often it happens. It never should have happened at all. That fact that it has happened once, means that it can happen again at any time. We have crossed that line now, into an era where the Constitution is no longer the law of the land, but rather an arbitrary guideline which can be violated for whatever reason the government chooses. This is the very thing our forefathers warned us about, and precisely what the Constitution was put in place to prevent.
Over the course of this one terror event alone, we have seen police completely toss aside the 4th Amendment with a warrantless search and seizure of the homes of an entire community in the name of “public safety.” Yet police had no regard for public safety, or justice and due process for that matter, when they tried to kill an unarmed teenager. If he is in fact guilty of any involvement at all, he may have had information critical to public safety, such as the locations of undetonated bombs, details of a larger plot, names of unidentified accomplices planning further attacks, and so forth.
Police Have No Duty to Protect You
To those of us with an understanding of the Constitution, of history, and a deep appreciation for liberty it is outright sickening that the public discourse is focused on when and where the abridgements of liberty should be allowed, rather than holding the police accountable for these depraved violations. Held accountable in the same manner perhaps, and to the same standard that our Founding Fathers held against British tyrants. All the King’s men, those agents of tyranny, were shot and driven into the sea. Every American soldier who has ever fought and shed blood in the name of the United States since then, has done so to ensure that we would never again see tyranny in these lands. They fought and died to protect, to guarantee that we, the people would never again be subject to the very crimes being perpetrated against the people today by our own government.
But what we saw in Boston is not isolated incident either. Which brings us to our second flaw in the reasoning of those who might say that this event was unprecedented, and therefore somehow excusable. Those who might say “it doesn’t happen every day” are either open apologists for tyranny, or plainly ignorant of the ongoing abuses of public trust by authorities in this country.
Folks in poor inner-city communities will tell you that this sort of thing can happen whenever a cop is killed. That police will swarm in, put a neighborhood on lock-down, and go door-to-door searching homes without a warrant. These sorts of details never make it to the mainstream media though, mostly because no one really cares what happens to poor people and no one really believes what they have to say. It’s only shocking today because such action happened in a quiet suburb. News of a cop being killed doesn’t garner the same intense national media coverage as a terrorist bombing either.
It doesn’t just take a cop getting killed though, for the police to practice 4th Amendment violations. This video shows that it is not only a daily occurrence on the streets of New York (and almost certainly most US cities) but that these violations are policy.
Also see: Police State of Mind
America has even gone so far to establish an entire agency specifically dedicated to violating the 4th Amendment. The TSA are mostly known for their oppressive airport security measures, but have also been deployed at bus stations, on trains, and we should expect to see their influence grow in the coming years.
Strip-Searching and Terrorizing Children
Submit to Sexual Degradation at the Hands of Overlords
TSA Memo is Bombshell Invalidation of Airport Security
From this information we see that violating the Constitution is everyday business for authorities, but that still doesn’t quite evoke the same Orwellian imagery as we saw with armored vehicles, paramilitary troops swarming over Watertown, MA. But again, this too is actually an everyday occurence, even if it is not concentrated in a single neighborhood.
Disturbing Results of SWAT Transparency Bill
In that link you will see that the police have been drastically militarized in the past few decades. In Maryland alone, military-grade force was deployed 4.5 time per day in 2009. The majority of these instances where state-sanctioned paramilitary violence was brought to bear, non-violent citizens were the target, many of them simply accused of misdemeanor offenses.
Here are just a few more examples among the thousands of cases, where SWAT raids went disastrously wrong:
SWAT Get Medals After Shooting At Innocent Family in Botched Raid
Man Shot Dead By Home Invaders
SWAT Kill Marine Veteran In Front of His Family
The only way to prevent these tragedies, the only way to preserve liberty and justice, is to hold the police accountable when things go wrong, intentionally or not. The agents of law-enforcement must be held accountable when they stray from the law, to a higher standard even than a common citizen would be, not to the lesser standard practiced today. Indeed as we have just seen, the police are even given medals for shooting at innocent families instead of being held accountable. Yet if you were to make similar mistake, it is a near certainty that you would be shown no leniency by any court.
Take the case of Tracy Ingle for example. This man was shot five times by police, in the middle of the night, in his own bed, after they raided his home with a no-knock warrant. Not realizing that the intruders were police, he made the tragic mistake of pointing a non-functioning firearm at them in an attempt to scare off what he thought were robbers. He was lucky to survive, and yet he has been sent to prison for 18 years, for simply pointing a broken gun at police.
Tracy Ingle – 18 Years In Prison
In this case, police refused to identify themselves while pounding at the wrong door, but when an innocent man answered with a legally owned gun in his hand, he was shot dead in front of his girlfriend.
Cops Deny Negligence After Killing Innocent Man in His Home
The public is told time and time again that these terrible events are “isolated” incidents, even regrettable tragedies, but that overall the police are still there to protect and serve the community.
Police Misconduct Daily Report
We are also promised that if we happen to be intentionally victimized by one of these “bad apples” who “sometimes” make it into the police ranks, that the law will stand behind us, and that abuse of the public trust will not be tolerated. Yet the reality is quite the opposite of what the propaganda leads the majority of blissfully unaware Americans to believe.
Most Americans believe that it they could never be the victim of police violence. That so long as they don’t do anything wrong, they have nothing to worry about.
Police In Florida Torture Tourist To Death, No One Held Accountable
And again, they have misplaced faith that justice would be served if they did happen to be victimized by a bad cop. So let’s take a look at that notion now. What happens if you try to file a complaint against a police officer?
Also see: D.A.’s Office Complicit In Brutality Coverup
What happens if we try to take allegations of police corruption to our elected representatives?
Police-state dictatorship apparent as arrest is made in violation of Mayor’s orders and First Amendment
What happens when we try to use freedom of speech, freedom of the press to bring the news of police abuse directly to the people?
Freedom of Press Now a Felony In America
Finally, if by some long-shot chance a police officer is finally made to be held accountable in a court of law, can we expect real accountability for betrayal of public trust and openly criminal acts?
In this case, a police officer faced a 35-count indictment alleging that he used cocaine, protected drug dealers, revealed details of undercover operations, and even threatened to murder a suspect being held in the department’s jail in order to protect his cocaine suppliers. During the investigation the officer was suspended, but then reinstated to work another 4 months before he finally resigned, a move which guaranteed his full pension.
Cocaine Cop Gets 3 1/2 Years
In this case, a State Police Captain admitted in open court that he began sexually molesting his step-daughter. When she was just six years old. As part of a plea arrangement, he did not have to admit relations with two other daughters. Even with that agreement he faced 20 years in prison, but the judge suspended the sentence and ordered 2 years of supervised probation.
Child Molester Cop Gets No Prison Time
And finally, we can leave off here with an ironic, yet all too realistic example of the nature of police in America today.
Cop Made Chief After Negligent Homicide Conviction
This composition is brought to you by November Yankee
The fact that Boston bombing suspect Dzhokhar Tsarnaev was not armed when police opened fire on him is yet another disturbing revelation in how that case has been handled.
Boston Bombing Suspect Was Not Armed
For some perspective here, let’s think about a few other modern countries. In Britain, police don’t even carry guns. Or what about Germany? A country that has, historically, not been averse to violence or authoritarianism. Like just about any modern nation, Germany also has plenty of violent crime on their streets as well. But as you watch the following clip, keep an interesting little fact in mind. In 2011, across the entire country of Germany, police only fired a total of 85 bullets.
While some might argue that police don’t have to be as aggressive in places like England, because of severe restrictions on gun ownership, keep in mind, again, that the suspect here was not armed. Also keep in mind that in places like Switzerland, crime is extremely low even when compared to other European nations, yet they have the third highest per-capita gun ownership in the world.
While some have argued that what we saw happen out in Boston was not proof that we live in a police-state, because it “doesn’t happen every day” those people are making several critical flaws in their thinking.
First, when we see police going door to door storming houses without warrants and ripping people from their homes, it really doesn’t make any difference at all how often it happens. It never should have happened at all. That fact that it has happened once, means that it can happen again at any time. We have crossed that line now, into an era where the Constitution is no longer the law of the land, but rather an arbitrary guideline which can be violated for whatever reason the government chooses. This is the very thing our forefathers warned us about, and precisely what the Constitution was put in place to prevent.
“The liberties of our country, the freedom of our civil constitution, are worth defending against all hazards: And it is our duty to defend them against all attacks.” -Samuel AdamsFamilies Ripped From Homes By Police In Watertown
Over the course of this one terror event alone, we have seen police completely toss aside the 4th Amendment with a warrantless search and seizure of the homes of an entire community in the name of “public safety.” Yet police had no regard for public safety, or justice and due process for that matter, when they tried to kill an unarmed teenager. If he is in fact guilty of any involvement at all, he may have had information critical to public safety, such as the locations of undetonated bombs, details of a larger plot, names of unidentified accomplices planning further attacks, and so forth.
Police Have No Duty to Protect You
To those of us with an understanding of the Constitution, of history, and a deep appreciation for liberty it is outright sickening that the public discourse is focused on when and where the abridgements of liberty should be allowed, rather than holding the police accountable for these depraved violations. Held accountable in the same manner perhaps, and to the same standard that our Founding Fathers held against British tyrants. All the King’s men, those agents of tyranny, were shot and driven into the sea. Every American soldier who has ever fought and shed blood in the name of the United States since then, has done so to ensure that we would never again see tyranny in these lands. They fought and died to protect, to guarantee that we, the people would never again be subject to the very crimes being perpetrated against the people today by our own government.
But what we saw in Boston is not isolated incident either. Which brings us to our second flaw in the reasoning of those who might say that this event was unprecedented, and therefore somehow excusable. Those who might say “it doesn’t happen every day” are either open apologists for tyranny, or plainly ignorant of the ongoing abuses of public trust by authorities in this country.
Folks in poor inner-city communities will tell you that this sort of thing can happen whenever a cop is killed. That police will swarm in, put a neighborhood on lock-down, and go door-to-door searching homes without a warrant. These sorts of details never make it to the mainstream media though, mostly because no one really cares what happens to poor people and no one really believes what they have to say. It’s only shocking today because such action happened in a quiet suburb. News of a cop being killed doesn’t garner the same intense national media coverage as a terrorist bombing either.
It doesn’t just take a cop getting killed though, for the police to practice 4th Amendment violations. This video shows that it is not only a daily occurrence on the streets of New York (and almost certainly most US cities) but that these violations are policy.
Also see: Police State of Mind
America has even gone so far to establish an entire agency specifically dedicated to violating the 4th Amendment. The TSA are mostly known for their oppressive airport security measures, but have also been deployed at bus stations, on trains, and we should expect to see their influence grow in the coming years.
Strip-Searching and Terrorizing Children
Submit to Sexual Degradation at the Hands of Overlords
TSA Memo is Bombshell Invalidation of Airport Security
From this information we see that violating the Constitution is everyday business for authorities, but that still doesn’t quite evoke the same Orwellian imagery as we saw with armored vehicles, paramilitary troops swarming over Watertown, MA. But again, this too is actually an everyday occurence, even if it is not concentrated in a single neighborhood.
Disturbing Results of SWAT Transparency Bill
In that link you will see that the police have been drastically militarized in the past few decades. In Maryland alone, military-grade force was deployed 4.5 time per day in 2009. The majority of these instances where state-sanctioned paramilitary violence was brought to bear, non-violent citizens were the target, many of them simply accused of misdemeanor offenses.
Here are just a few more examples among the thousands of cases, where SWAT raids went disastrously wrong:
SWAT Get Medals After Shooting At Innocent Family in Botched Raid
Man Shot Dead By Home Invaders
SWAT Kill Marine Veteran In Front of His Family
The only way to prevent these tragedies, the only way to preserve liberty and justice, is to hold the police accountable when things go wrong, intentionally or not. The agents of law-enforcement must be held accountable when they stray from the law, to a higher standard even than a common citizen would be, not to the lesser standard practiced today. Indeed as we have just seen, the police are even given medals for shooting at innocent families instead of being held accountable. Yet if you were to make similar mistake, it is a near certainty that you would be shown no leniency by any court.
Take the case of Tracy Ingle for example. This man was shot five times by police, in the middle of the night, in his own bed, after they raided his home with a no-knock warrant. Not realizing that the intruders were police, he made the tragic mistake of pointing a non-functioning firearm at them in an attempt to scare off what he thought were robbers. He was lucky to survive, and yet he has been sent to prison for 18 years, for simply pointing a broken gun at police.
Tracy Ingle – 18 Years In Prison
In this case, police refused to identify themselves while pounding at the wrong door, but when an innocent man answered with a legally owned gun in his hand, he was shot dead in front of his girlfriend.
Cops Deny Negligence After Killing Innocent Man in His Home
The public is told time and time again that these terrible events are “isolated” incidents, even regrettable tragedies, but that overall the police are still there to protect and serve the community.
Police Misconduct Daily Report
We are also promised that if we happen to be intentionally victimized by one of these “bad apples” who “sometimes” make it into the police ranks, that the law will stand behind us, and that abuse of the public trust will not be tolerated. Yet the reality is quite the opposite of what the propaganda leads the majority of blissfully unaware Americans to believe.
Most Americans believe that it they could never be the victim of police violence. That so long as they don’t do anything wrong, they have nothing to worry about.
Police In Florida Torture Tourist To Death, No One Held Accountable
And again, they have misplaced faith that justice would be served if they did happen to be victimized by a bad cop. So let’s take a look at that notion now. What happens if you try to file a complaint against a police officer?
Also see: D.A.’s Office Complicit In Brutality Coverup
What happens if we try to take allegations of police corruption to our elected representatives?
Police-state dictatorship apparent as arrest is made in violation of Mayor’s orders and First Amendment
What happens when we try to use freedom of speech, freedom of the press to bring the news of police abuse directly to the people?
Freedom of Press Now a Felony In America
Finally, if by some long-shot chance a police officer is finally made to be held accountable in a court of law, can we expect real accountability for betrayal of public trust and openly criminal acts?
In this case, a police officer faced a 35-count indictment alleging that he used cocaine, protected drug dealers, revealed details of undercover operations, and even threatened to murder a suspect being held in the department’s jail in order to protect his cocaine suppliers. During the investigation the officer was suspended, but then reinstated to work another 4 months before he finally resigned, a move which guaranteed his full pension.
Cocaine Cop Gets 3 1/2 Years
In this case, a State Police Captain admitted in open court that he began sexually molesting his step-daughter. When she was just six years old. As part of a plea arrangement, he did not have to admit relations with two other daughters. Even with that agreement he faced 20 years in prison, but the judge suspended the sentence and ordered 2 years of supervised probation.
Child Molester Cop Gets No Prison Time
And finally, we can leave off here with an ironic, yet all too realistic example of the nature of police in America today.
Cop Made Chief After Negligent Homicide Conviction
“The welfare of the people in particular has always been the alibi of tyrants, and it provides the further advantage of giving the servants of tyranny a good conscience” -Albert CamusFor more information on police abuse of authority, please visit the Police-State tab at Station.6.Underground, and CopBlock.org
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CAMP PENDLETON, Calif. - Marine Corps creates law enforcement battalions, W.T.F. Think NDAA. Shouldn't be long now.
OFF THE WIRE
The Marine Corps has created its first law enforcement battalions - a lean, specialized force of military police officers that it hopes can quickly deploy worldwide to help investigate crimes from terrorism to drug trafficking and train fledgling security forces in allied nations.
The Corps activated three such battalions last month. Each is made up of roughly 500 military police officers and dozens of dogs. The Marine Corps has had police battalions off and on since World War II but they were primarily focused on providing security, such as accompanying fuel convoys or guarding generals on visits to dangerous areas, said Maj. Jan Durham, commander of the 1st Law Enforcement Battalion at Camp Pendleton.
The idea behind the law enforcement battalions is to consolidate the military police and capitalize on their investigative skills and police training, he said. The new additions come as every branch in the military is trying to show its flexibility and resourcefulness amid defense cuts.
Marines have been increasingly taking on the role of a street cop along with their combat duties over the past decade in Iraq and Afghanistan, where they have been in charge of training both countries' security forces. Those skills now can be used as a permanent part of the Marine Corps, Durham said.
The war on terror has also taught troops the importance of learning how to gather intelligence, secure evidence and assist local authorities in building cases to take down criminal networks. Troops have gotten better at combing raid sites for clues to help them track insurgents.
They also have changed their approach, realizing that marching into towns to show force alienates communities. Instead, they are being taught to fan out with interpreters to strike up conversations with truck drivers, money exchangers, cellphone sellers and others. The rapport building can net valuable information that could even alert troops about potential attacks.
But no group of Marines is better at that kind of work than the Corps' military police, who graduate from academies just like civilian cops, Durham said. He said the image of military police patrolling base to ticket Marines for speeding or drinking has limited their use in the Corps. He hopes the creation of the battalions will change that, although analysts say only the future will tell whether the move is more than just a rebranding of what already existed within the Corps.
The battalions will be capable of helping control civil disturbances, handling detainees, carrying out forensic work, and using biometrics to identify suspects. Durham said they could assist local authorities in allied countries in securing crime scenes and building cases so criminals end up behind bars and not back out on the streets because of mistakes.
"Over the past 11 years of combat operations in Iraq and Afghanistan, some lessons learned painfully, there has been a growing appreciation and a demand for, on the part of the warfighter, the unique skills and capabilities that MPs bring to the fight," Durham said. "We do enforce traffic laws and we do write reports and tickets, and that's good, but we do so much more than that."
Durham said the Marine Corps plans to show off its new battalions in Miami later this month at a conference put on by the Southern Command and that is expected to be attended by government officials from Central American countries, such as Guatemala, Honduras, El Salvador and Belize.
Defense analyst Loren Thompson said the battalions make sense given the nature of today's global threats, which include powerful drug cartels and other criminal gangs that often mix with religious and political extremists, who use the profits to buy their weaponry.
"This is a smart idea because the biggest single problem the Marines have in dealing with low-intensity types of threats is that they basically are trained to kill people," he said. "It's good for the Marines to have skills that allow them to contain threats without creating casualties."
Gary Solis, a former Marine Corps prosecutor and judge who teaches law of war at Georgetown University, said Marines have already been doing this kind of work for years but now that it has been made more formal by the creation of the battalions, it could raise a host of questions, especially on the use of force. The law of war allows for fighters to use deadly force as a first resort, while police officers use it as a last resort.
If Marines are sent in to do law enforcement but are attacked, will they go back to being warfighters? And if so, what are the implications? Solis asked.
"Am I a Marine or a cop? Can I be both?" he said. "Cops apply human rights law and Marines apply the law of war. Now that it's blended, it makes it tougher for the young men and women who have to make the decision as to when deadly force is not appropriate."
Durham said that military police understand that better than any Marine since they are trained in both.
"They are very comfortable with the escalation of force," he said. "MPs get that. It's fundamental to what we do."
Read more here: http://www.sacbee.com/2012/07/22/4648966/marine-corps-creates-law-enforcement.html#storylink=cpy
The Marine Corps has created its first law enforcement battalions - a lean, specialized force of military police officers that it hopes can quickly deploy worldwide to help investigate crimes from terrorism to drug trafficking and train fledgling security forces in allied nations.
The Corps activated three such battalions last month. Each is made up of roughly 500 military police officers and dozens of dogs. The Marine Corps has had police battalions off and on since World War II but they were primarily focused on providing security, such as accompanying fuel convoys or guarding generals on visits to dangerous areas, said Maj. Jan Durham, commander of the 1st Law Enforcement Battalion at Camp Pendleton.
The idea behind the law enforcement battalions is to consolidate the military police and capitalize on their investigative skills and police training, he said. The new additions come as every branch in the military is trying to show its flexibility and resourcefulness amid defense cuts.
Marines have been increasingly taking on the role of a street cop along with their combat duties over the past decade in Iraq and Afghanistan, where they have been in charge of training both countries' security forces. Those skills now can be used as a permanent part of the Marine Corps, Durham said.
The war on terror has also taught troops the importance of learning how to gather intelligence, secure evidence and assist local authorities in building cases to take down criminal networks. Troops have gotten better at combing raid sites for clues to help them track insurgents.
They also have changed their approach, realizing that marching into towns to show force alienates communities. Instead, they are being taught to fan out with interpreters to strike up conversations with truck drivers, money exchangers, cellphone sellers and others. The rapport building can net valuable information that could even alert troops about potential attacks.
But no group of Marines is better at that kind of work than the Corps' military police, who graduate from academies just like civilian cops, Durham said. He said the image of military police patrolling base to ticket Marines for speeding or drinking has limited their use in the Corps. He hopes the creation of the battalions will change that, although analysts say only the future will tell whether the move is more than just a rebranding of what already existed within the Corps.
The battalions will be capable of helping control civil disturbances, handling detainees, carrying out forensic work, and using biometrics to identify suspects. Durham said they could assist local authorities in allied countries in securing crime scenes and building cases so criminals end up behind bars and not back out on the streets because of mistakes.
"Over the past 11 years of combat operations in Iraq and Afghanistan, some lessons learned painfully, there has been a growing appreciation and a demand for, on the part of the warfighter, the unique skills and capabilities that MPs bring to the fight," Durham said. "We do enforce traffic laws and we do write reports and tickets, and that's good, but we do so much more than that."
Durham said the Marine Corps plans to show off its new battalions in Miami later this month at a conference put on by the Southern Command and that is expected to be attended by government officials from Central American countries, such as Guatemala, Honduras, El Salvador and Belize.
Defense analyst Loren Thompson said the battalions make sense given the nature of today's global threats, which include powerful drug cartels and other criminal gangs that often mix with religious and political extremists, who use the profits to buy their weaponry.
"This is a smart idea because the biggest single problem the Marines have in dealing with low-intensity types of threats is that they basically are trained to kill people," he said. "It's good for the Marines to have skills that allow them to contain threats without creating casualties."
Gary Solis, a former Marine Corps prosecutor and judge who teaches law of war at Georgetown University, said Marines have already been doing this kind of work for years but now that it has been made more formal by the creation of the battalions, it could raise a host of questions, especially on the use of force. The law of war allows for fighters to use deadly force as a first resort, while police officers use it as a last resort.
If Marines are sent in to do law enforcement but are attacked, will they go back to being warfighters? And if so, what are the implications? Solis asked.
"Am I a Marine or a cop? Can I be both?" he said. "Cops apply human rights law and Marines apply the law of war. Now that it's blended, it makes it tougher for the young men and women who have to make the decision as to when deadly force is not appropriate."
Durham said that military police understand that better than any Marine since they are trained in both.
"They are very comfortable with the escalation of force," he said. "MPs get that. It's fundamental to what we do."
Read more here: http://www.sacbee.com/2012/07/22/4648966/marine-corps-creates-law-enforcement.html#storylink=cpy
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Covering the Supremacy Clause
OFF THE WIRE
Posted by Mike Maharrey
Predictable.
Like a thunderstorm on a summer day in central Florida.
Or boasting out of the mouth of a New York Yankees fan.
Whenever I read an article about nullification from a “mainstream” news source, I know I will find the cookie-cutter constitutional law professor from some university parroting establishment approved nonsense about the principle’s illegitimacy because of the Supremacy Cause written into the constitution.
A recent AP article by Jeff Barnard on state efforts to block unconstitutional gun-grabs didn’t defy the odds. Barnard trotted out some academic hack from the University of Denver, who, despite his title of “constitutional law professor,” demonstrates freshman-level constitutional ignorance.
“The legislature can pass anything it wants,” Kamin said. “The Supremacy Clause of the Constitution makes that clearly unconstitutional. Where there’s a conflict between state and federal law, the federal government is supreme.”
It appears Kamin believes the Constitution empowers the federal government to do whatever it wants, and if its whims conflict with a state law, the federal government gets its way. Kind of like a big brother who trumps every desire of the little brother, backed up with noogie threats.
Ummm, yeah. Doesn’t say that.
Let’s read the Supremacy Clause, shall we?
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land.Sometimes I think they make law students drink an elixir that renders basic English comprehension impossible. Note the key words in the clause: in Pursuance thereof. And note what it does not say:
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and any other old act Congress, in its infinite wisdom, decides to pass…shall be the supreme Law of the Land.By definition, an unconstitutional act is not a law, but a violation of the supreme law – the Constitution. It is illegal, void and unauthoritative. Therefore, it cannot stand supreme. The mere fact that the federal government does something does not confer supremacy. It must find roots in the enumerated powers delegated in the Constitution and not violate the Bill of Rights.
Since an unconstitutional law is void, the general principles follow that it imposes no duties, confers no rights, creates no office, bestows no power or authority on anyone, affords no protection, and justifies no acts performed under it. – 16 Am Jur 2d, Sec 177 late 2d, Sec 256Alexander Hamilton put it succinctly in Federalist 78.
There is no position which depends on clearer principles, than that every act of a delegated authority contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the constitution, can be valid.Not content to merely put constitutional ignorance on display, our intrepid reporter uses Kamin to cherry-pick history for a little race-baiting.
Kamin and other legal experts said such disdain of Obama’s proposals is reminiscent of former Confederate states’ refusal to comply with federal law extending equal rights for blacks after the Civil War.The implication: nullifiers hang white, hooded robes in the back of their closets.
Here’s a question: why can’t reporters like Barnard ever find a source who will make the following equally historically accurate statement.
“Such disdain of Obama’s proposals is reminiscent of northern states’ refusal to comply with federal law requiring them to send any black person accused of being a slave back south without due process.”Maybe those vehemently opposing nullification are the ones with the hooded robes hanging deep in their closets.
Michael Maharrey [send him email] is the Communications Director for the Tenth Amendment Center. He proudly resides in the original home of the Principles of '98 - Kentucky. See his blog archive here and his article archive here. He also maintains the blog, Tenther Gleanings.
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USA - Recording Police in Public
OFF THE WIRE
default/files/docs/20130307_ 135451_garcia.pdf
http://www.rcfp.org/sites/ default/files/docs/20130307_ 135451_garcia.pdf
The link below explains the legalities of recording police in public. This is a good resource.
http://www.rcfp.org/sites/1
UNITED STATES DISTRI
CT COURT
FOR THE DISTRICT OF
MARYLAND
MANNIE GARCIA
,
)
)
Plaintiff,
)
v.
)
Civil No.
8:
12
-
cv
-
03592
-
JFM
)
MONTGOMERY COUNTY
,
)
MARYLAND
,
et al
.,
)
)
Defendants.
)
____________________________________)
STATEMENT OF INTERES
T OF THE
UNITED STATES
The United States addressed the central questions
raised
in this case
–
whether individuals have a
First Amendment right to record police officers in the public discharge of their duties, and whether
officers violate individuals’
Fourth and Fourteenth Amendment rights when they seize such recordings
without a w
arrant or due process
–
in a Statement of Interest filed in
Sharp v. Baltimore City Police
Dept
.
, et al
.
,
No.
1:
11
-
cv
-
0
2888 (D. Md.)
, attached here as Exhibit A.
1
This case raises questions that
the United States
did not address directly in
Sharp
, the answers to
which are critical
to ensuring that the constitutional rights at issue in that case are upheld. First, the
United States
urges the Court to find that both the First and Fourth Amendments protect an individual
who peacefully photographs police activity on a public street
, if officers arrest
the individual
and seize
the camera of that individual for that activity. Second,
the United States
is concerned
that discretionary
charges
,
such as disorderly conduct
, loitering, disturbing the peace, and resisting arrest,
are all too easily
used to curtail expressive conduct or retaliate against individuals for exercising their First
Amendment
Here, as there, the United States
urges the Court to answer both
of
those questions in the a
ffirmative.
1
Statement of Interest of the United States,
Sharp v. Baltimore City Police Dept
.
, et al
,
No. 1:
11
-
cv
-
0
2888 (D. Md.
Jan. 10, 2012
)
, ECF No. 24.
Case 8:12-cv-03592-JFM Document 15 Filed 03/04/13 Page 1 of 13
http://www.rcfp.org/sites/
↧
What is R.I.C.O.? Read why it's used against America's.. and why the Feds started using it against Bikers
What is RICO,
and Why the Feds started using it Against Bikers
by Roadblock 1%er
Today, governments and their agencies worldwide are classifying their "Biker" populations as undesirable criminal organizations, slating them for harassment and selective prosecution. Our governments are blatantly determined to eradicate the biker lifestyle.
I will attempt to show how all of this began, and how RICO is connected to the U.S. government's "war on motorcycle clubs." No matter where you live, this "War On Motorcycle Clubs" is a serious threat is to our individual constitutional and human rights as citizens of our respective countries.
In 1961, during the John F. Kennedy administration, the office of Attorney General was held by his brother Robert Kennedy. With help from the U.S. Congress, Attorney General Kennedy got a special organized crime bill passed called the Racketeering Influence and Corrupt Organization Act of 1961 (RICO). This new law was designed to prosecute the secretive organized crime organizations such as the Mafia, Drug Cartels, and Domestic Terrorists.
The RICO Act was designed to allow Federal Prosecutors to go outside the normal rules of conduct to gain convictions. These new rules allowed the government to charge unconnected criminal acts committed by individual members of these organizations together in a single Indictment.
Since these organizations were classified as criminal organizations, all the prosecutor had to do was to persuade a jury that each of these independent criminal acts were somehow committed in furtherance of the organization's goals.
This helped establish the "Criminal Enterprise" to qualify as a RICO Act violation. The government could do this even though it was not necessary to prove any of the defendants knew or participated in the criminal acts of others charged in the RICO Indictment.
In 1980, former movie actor and governor of California Ronald Reagan was elected President of the U.S., with ex-CIA Director George Bush as Vice President. Soon after Reagan took office, he issued an Executive Order declaring America's top four Motorcycle Clubs to be classified as Criminal Organizations. This new classification added the motorcycle clubs to the list of traditional criminal organizations who could be easily prosecuted using the special RICO rules.
President Reagan ordered Attorney General William French Smith and his Justice Department to set up special regional task force headquarters across America. The Justice Department's mission was to profile and get the selected motorcycle clubs off the streets using whatever means necessary.
In my opinion, the reason behind President Reagan's Actions was his daughter's supposed involvement with the Hell's Angels Motorcycle Club. It doesn't seem to be just a coincidence that the Hell's Angels were the first Motorcycle Club the Justice Department went after using the RICO Act.
It seems obvious Ronald Reagan brought his own personal animosity against motorcycle clubs to the office of President. He then used the power of that office to pursue his personal vendetta against motorcycle clubs, using the broad RICO rules which almost guarantee conviction.
Over the last 30 years federal law enforcement agencies have expanded this selective prosecution to include more than 300 Motorcycle Clubs. These motorcycle clubs are now classified as "Outlaw Motorcycle Gangs/Criminal Organizations."
During my lengthy RICO sentence, I did extensive research and litigation in the courts. I’m fully aware of the uphill battle it will take to change the classification and profiling of the targeted motorcycle clubs, but it can be done. It is our constitutional right to be treated like any other citizen. The battle can be fought and won only in the courts.
Roadblock 1%er
and Why the Feds started using it Against Bikers
by Roadblock 1%er
Today, governments and their agencies worldwide are classifying their "Biker" populations as undesirable criminal organizations, slating them for harassment and selective prosecution. Our governments are blatantly determined to eradicate the biker lifestyle.
I will attempt to show how all of this began, and how RICO is connected to the U.S. government's "war on motorcycle clubs." No matter where you live, this "War On Motorcycle Clubs" is a serious threat is to our individual constitutional and human rights as citizens of our respective countries.
In 1961, during the John F. Kennedy administration, the office of Attorney General was held by his brother Robert Kennedy. With help from the U.S. Congress, Attorney General Kennedy got a special organized crime bill passed called the Racketeering Influence and Corrupt Organization Act of 1961 (RICO). This new law was designed to prosecute the secretive organized crime organizations such as the Mafia, Drug Cartels, and Domestic Terrorists.
The RICO Act was designed to allow Federal Prosecutors to go outside the normal rules of conduct to gain convictions. These new rules allowed the government to charge unconnected criminal acts committed by individual members of these organizations together in a single Indictment.
Since these organizations were classified as criminal organizations, all the prosecutor had to do was to persuade a jury that each of these independent criminal acts were somehow committed in furtherance of the organization's goals.
This helped establish the "Criminal Enterprise" to qualify as a RICO Act violation. The government could do this even though it was not necessary to prove any of the defendants knew or participated in the criminal acts of others charged in the RICO Indictment.
In 1980, former movie actor and governor of California Ronald Reagan was elected President of the U.S., with ex-CIA Director George Bush as Vice President. Soon after Reagan took office, he issued an Executive Order declaring America's top four Motorcycle Clubs to be classified as Criminal Organizations. This new classification added the motorcycle clubs to the list of traditional criminal organizations who could be easily prosecuted using the special RICO rules.
President Reagan ordered Attorney General William French Smith and his Justice Department to set up special regional task force headquarters across America. The Justice Department's mission was to profile and get the selected motorcycle clubs off the streets using whatever means necessary.
In my opinion, the reason behind President Reagan's Actions was his daughter's supposed involvement with the Hell's Angels Motorcycle Club. It doesn't seem to be just a coincidence that the Hell's Angels were the first Motorcycle Club the Justice Department went after using the RICO Act.
It seems obvious Ronald Reagan brought his own personal animosity against motorcycle clubs to the office of President. He then used the power of that office to pursue his personal vendetta against motorcycle clubs, using the broad RICO rules which almost guarantee conviction.
Over the last 30 years federal law enforcement agencies have expanded this selective prosecution to include more than 300 Motorcycle Clubs. These motorcycle clubs are now classified as "Outlaw Motorcycle Gangs/Criminal Organizations."
During my lengthy RICO sentence, I did extensive research and litigation in the courts. I’m fully aware of the uphill battle it will take to change the classification and profiling of the targeted motorcycle clubs, but it can be done. It is our constitutional right to be treated like any other citizen. The battle can be fought and won only in the courts.
Roadblock 1%er
↧
Contact Us
Philip a.k.a Screwdriver
Countermeasures Division
strokerz383@gmail.com
or phone
(760)-207-2965
Bill Kennedy
760-967-5883
http://www.kennedyscustomcycles.com/
Countermeasures Division
strokerz383@gmail.com
or phone
(760)-207-2965
Bill Kennedy
760-967-5883
http://www.kennedyscustomcycles.com/
↧
↧
BABE OF THE DAY
↧
In the Pipeline: A resurrected Hells Angel
OFF THE WIRE
By Chris Epting
com/2012-08-06/entertainment/tn-hbi-0809-pipeline-20120806_1_hells-angel-life-sentences-
rodrigo-requejo#.UCFwsekQ9ag.
By Chris Epting
"A cement-covered marshmallow."
That's how Katherine Coones describes her husband Rusty, a 6-foot-5 biker bear of a man who, despite what some might consider to be an intimidating presence, is disarmingly warm and engaging.
On Goldenwest Street right near the 405 Freeway is Illusion Motorsports, the world this couple (along with Rusty's business partner, Rodrigo Requejo) has been building for more than a decade. They call it "the premier motorcycle customizing shop of Orange County," and after a tour, it's obvious why.
Though they'll do tune-ups and other bike maintenance here, it's the design and building that they're primarily focused on. Several dozen bikes in various stages of creation and design are on display, including one $80,000 beauty that Rusty is customizing for a local businessman.
Over the thundering, metallic roar of motorcycle engines, Rusty beams as he leads our tour, stopping to kid with his employees and answer questions about works in progress.
That's how Katherine Coones describes her husband Rusty, a 6-foot-5 biker bear of a man who, despite what some might consider to be an intimidating presence, is disarmingly warm and engaging.
On Goldenwest Street right near the 405 Freeway is Illusion Motorsports, the world this couple (along with Rusty's business partner, Rodrigo Requejo) has been building for more than a decade. They call it "the premier motorcycle customizing shop of Orange County," and after a tour, it's obvious why.
Though they'll do tune-ups and other bike maintenance here, it's the design and building that they're primarily focused on. Several dozen bikes in various stages of creation and design are on display, including one $80,000 beauty that Rusty is customizing for a local businessman.
Over the thundering, metallic roar of motorcycle engines, Rusty beams as he leads our tour, stopping to kid with his employees and answer questions about works in progress.
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In a second-story loft, a band rehearsal stage is set up with amps, drums and guitars. The name Attika 7 is emblazoned on a banner.
This is where our story starts to come together. Rusty Coones is a guitar player in a heavy metal band. He's also a Hells Angel, founder of the Orange County chapter and current head of the San Fernando chapter.
He's been an Angel for about 17 years, but we don't talk a lot about the Angels because there's a code about that. And that's fine.
In 1999, Rusty went to prison for conspiracy to distribute ephedrine. He was looking at two life sentences, but was sentenced to eight years and ended up serving six.
Rusty told me he could have had it a lot easier if he'd named names, but he wouldn't do that. Because that's not what Angels do. "I don't tell on anybody, ever," he said. "That's just not how I am."
While in jail — including a stint at New York's notorious Attica prison — Rusty said he thought about "all the stupid things I'd done, along with all the good things I'd done. I read a ton of books. And I decided when I was in there, if I ever got another shot at freedom, that I was going to do it the right way and never put my freedom on the line again."
He missed his kids (now 29 and 30) and his wife while he was in. And he rediscovered his childhood love of making music, so he started writing songs on guitar. Soon, he was playing concerts for the inmates, featuring his raw, heavy metal-based songs that reflected his two intense years in solitary confinement.
This is where our story starts to come together. Rusty Coones is a guitar player in a heavy metal band. He's also a Hells Angel, founder of the Orange County chapter and current head of the San Fernando chapter.
He's been an Angel for about 17 years, but we don't talk a lot about the Angels because there's a code about that. And that's fine.
In 1999, Rusty went to prison for conspiracy to distribute ephedrine. He was looking at two life sentences, but was sentenced to eight years and ended up serving six.
Rusty told me he could have had it a lot easier if he'd named names, but he wouldn't do that. Because that's not what Angels do. "I don't tell on anybody, ever," he said. "That's just not how I am."
While in jail — including a stint at New York's notorious Attica prison — Rusty said he thought about "all the stupid things I'd done, along with all the good things I'd done. I read a ton of books. And I decided when I was in there, if I ever got another shot at freedom, that I was going to do it the right way and never put my freedom on the line again."
He missed his kids (now 29 and 30) and his wife while he was in. And he rediscovered his childhood love of making music, so he started writing songs on guitar. Soon, he was playing concerts for the inmates, featuring his raw, heavy metal-based songs that reflected his two intense years in solitary confinement.
Just last week, the band Rusty created once he got out of prison, Attika 7, released its debut album, "Blood of My Enemies." The loft at Illusion Motorsports is the band's headquarters, where they practice, hang out and even play occasional shows for fans.
You may have already heard some of the band's music featured in the popular TV show "Sons of Anarchy."
Now, they're heading out on tour, in yet another improbable chapter in the life of Rusty Coones.
"I'm making the most of this second chance I have," he said. "Freedom, with honor, is worth more than anything, and I'm now running my life as honorably as I can.
"Hard work is what I live by now. Here in my shop, in my marriage and in my music. And any friends or family with drug issues, I try to help them. But I've learned that the key is, people have to want help before you can really get anything done."
You may have already heard some of the band's music featured in the popular TV show "Sons of Anarchy."
Now, they're heading out on tour, in yet another improbable chapter in the life of Rusty Coones.
"I'm making the most of this second chance I have," he said. "Freedom, with honor, is worth more than anything, and I'm now running my life as honorably as I can.
"Hard work is what I live by now. Here in my shop, in my marriage and in my music. And any friends or family with drug issues, I try to help them. But I've learned that the key is, people have to want help before you can really get anything done."
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Katherine told me that just before Rusty got arrested, they had started their bike business, and that she had to keep everything alive while he was in.
But at first, she could not even visit him in prison because they were not married yet. So they found a biker minister who performed the service over the phone — with Rusty on a prison pay phone — with permission from the judge.
She also said she knew he was worth waiting and fighting for, and that when she looked up at the sun and the moon and pictured him under those same bodies in the sky, it gave her hope.
She abstained from doing many things she liked doing until Rusty was free so they could enjoy them together, and today she's a very active partner at the shop.
"I was truly in love," she said, "and I still am. I glow when I am with him."
Katherine and her "cement-covered marshmallow" work hard as a couple to run their business. Rusty, also a former general contractor, actually built the loft his band plays in, and he's proud of how handy he is.
"I love to create things," he said. "This space for the band, and especially motorcycles. I look at every bike as a canvas."
Before I left the shop, Rusty stressed again, "If you're going to be free, you've got to be legit."
And for all he puts into his marriage, the shop and his music, he may just dedicate the most energy to that: being legit.
CHRIS EPTING is the author of 19 books, including the new "Baseball in Orange County" from Arcadia Publishing. You can chat with him on Twitter @chrisepting or follow his column at http://www.facebook.com/hbindependent.
http://articles.hbindependent.
But at first, she could not even visit him in prison because they were not married yet. So they found a biker minister who performed the service over the phone — with Rusty on a prison pay phone — with permission from the judge.
She also said she knew he was worth waiting and fighting for, and that when she looked up at the sun and the moon and pictured him under those same bodies in the sky, it gave her hope.
She abstained from doing many things she liked doing until Rusty was free so they could enjoy them together, and today she's a very active partner at the shop.
"I was truly in love," she said, "and I still am. I glow when I am with him."
Katherine and her "cement-covered marshmallow" work hard as a couple to run their business. Rusty, also a former general contractor, actually built the loft his band plays in, and he's proud of how handy he is.
"I love to create things," he said. "This space for the band, and especially motorcycles. I look at every bike as a canvas."
Before I left the shop, Rusty stressed again, "If you're going to be free, you've got to be legit."
And for all he puts into his marriage, the shop and his music, he may just dedicate the most energy to that: being legit.
CHRIS EPTING is the author of 19 books, including the new "Baseball in Orange County" from Arcadia Publishing. You can chat with him on Twitter @chrisepting or follow his column at http://www.facebook.com/hbindependent.
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Preventing Police Abuse
OFF THE WIRE
RULE 1: Police officers shall not discharge their firearms except to protect themselves or another person from imminent death or serious bodily injury.
RULE 2: Police officers shall discharge their firearms only when doing so will not endanger innocent persons.
RULE 3: Police officers shall not discharge their firearms to threaten or subdue persons whose actions are destructive to property or injurious to themselves but which do not represent an imminent threat of death or serious bodily injury to the officer or others.
RULE 4: Police officers shall not discharge their firearms to subdue an escaping suspect who presents no imminent threat of death or serious bodily injury.
RULE 5: Police officers shall not discharge their weapons at a moving vehicle unless it is absolutely necessary to do so to protect against an imminent threat to the life of the officer or others.
RULE 6: Police officers when confronting an oncoming vehicle shall attempt to move out of the path, if possible, rather than discharge their firearms at the oncoming vehicle.
RULE 7: Police officers shall not intentionally place themselves in the path of an oncoming vehicle and attempt to disable the vehicle by discharging their firearms.
RULE 8: Police officers shall not discharge their firearms at a fleeing vehicle or its driver.
RULE 9: Police officers shall not fire warning shots.
RULE 10: Police officers shall not draw or display their firearms unless there is a threat or probably cause to believe there is a threat to life, or for inspection.
(1) It should explicitly restrict physical force to the narrowest possible range of specific situations. For example, a policy on the use of batons should forbid police officers from striking citizens in "non-target" areas, such as the head and spine, where permanent injuries can result. Mace should be used defensively, not offensively. Since electronic stun guns (Novas and Taser) have great potential for abuse because they don't leave scars or bruises, their use should be strictly controlled, supervised and reviewed.
(2) It should require that a police officer file a written report after any use of physical force, and that report should be automatically reviewed by high ranking officers.
Your community's second objective should be to get the police department to establish an early warning system to identify officers who are involved in an inordinate number of incidents that include the inappropriate use of physical force. The incidents should then be investigated and, if verified, the officers involved should be charged, disciplined, transferred, re-trained or offered counseling -- depending on the severity of their misconduct. The Christopher Commission's report on the Rodney King beating ascertained that the Los Angeles police leadership typically looked the other way when officers were involved in questionable incidents. This tolerance of brutality by the top brass helped create an atmosphere conducive to police abuses.
GOAL #4: END POLICE SPYING
Police spying, or intelligence gathering, on constitutionally protected political, religious and private sexual behavior is an historic problem. And it's particularly difficult to deal with because spying, by definition, is a covert activity. The victim doesn't know it's happening, and it's not witnessed by others.
During the 1970s, the ACLU and other public interest organizations brought lawsuits against unconstitutional police surveillance in several cities around the country, including New York City, Chicago, Memphis and Los Angeles. These suits resulted in the imposition of stricter limits on intelligence gathering by the police.
In Seattle in 1976, it came to light that local police were spying on organizations of black construction workers, Native Americans, advocates for low-income housing and other community activists whose conduct was perfectly lawful. In response to the revelations, the ACLU, along with the American Friends Service Committee and the National Lawyers Guild, formed the Coalition on Government Spying. After several years of hard work and lobbying, the coalition succeeded in bringing about passage of a comprehensive municipal law -- the first of its kind in the country -- that governs all police investigations and restricts the collection of political, religious and sexual information.
This law, called the Seattle Police Intelligence Ordinance, is an important breakthrough and a model for other efforts. It contains three elements that represent basic changes in police intelligence operations:
(1) "Restricted" information (that is, religious, political or sexual information) can be collected only if a person is reasonably suspected of having committed a crime, and the information must be relevant to that crime; (2) An independent civilian "auditor", appointed by the mayor and confirmed by the city council, must review all police authorizations to collect restricted information and have access to all other police files. If the auditor finds that the police have violated the law, he or she must so notify the individuals who are the subjects of the unlawful investigations;
(3) Any individual subjected to unlawful surveillance can bring a civil action in court to stop the surveillance, and to collect damages from the city.
GOAL #5: GENERAL OVERSIGHT OF POLICE POLICY
Police policies should be subject to public review and debate instead of being viewed as the sole province of police insiders. Open policy-making not only allows police officials to benefit from community input, but it also provides an opportunity for police officials to explain to the public why certain tactics or procedures may be necessary. This kind of communication between the police and the community can help anticipate problems and avert crises before they occur.
The Police Review Commission (a civilian review body) of Berkeley, California holds regular, bi-monthly meetings that are open to the public. At these meetings, representatives of community organizations can voice criticisms, make proposals and introduce resolutions to review or reform specific police policies.
The Police Practices Project of the ACLU of Northern California successfully pressured the San Francisco Police Department to adopt enlightened policies in regard to the treatment of homeless people; the use of pain holds and batons; the deployment of plainclothes officers at protests and demonstrations; intelligence gathering; the selection of field training officers, and AIDS/HIV education for police officers. The Project has also prevented the adoption of bad policies, including an anti-loitering rule and a policy that would have made demonstrators financially liable for police costs.
In Tucson, Arizona, a Citizens' Police Advisory Committee was made part of the city's municipal code in July 1990. The Committee, which is composed of both civilian and police representatives, has the authority to initiate investigations of controversial incidents or questionable policies, along with other oversight functions.
SIDEBAR: CITIZEN-POLICE ADVISORY COMMITTEE TUCSON, ARIZONA (Created by the Tucson Code, Sec. 10A-86)
FUNCTIONS:
(a) Consult with the governing body from time to time as may be required by the Mayor and [City] Council.
(b) Assist the police in achieving a greater understanding of the nature and causes of complex community problems in the area of human relations, with special emphasis on the advancement and improvement of relations between police and community minority groups.
(c) Study, examine and recommend methods, approaches and techniques to encourage and develop an active citizen-police partnership in the prevention of crime.
(d) Promote cooperative citizen-police programs and approaches to the solutions of community crime problems, emphasizing the principal that the administration of justice is a responsibility which requires total community involvement.
(e) Recommend procedures, programs and/or legislation to enhance cooperation among citizens of the community and police.
(f) Strive to strengthen and ensure throughout the community the application of the principle of equal protection under the law for all persons.
(g) Consult and cooperate with federal, state, city and other public agencies, commissions and committees on matters within the committee's charge.
(h) The committee may ask for and shall receive from the Police Department, a review of action taken by the Department in incidents which create community concern or controversy.
(i) The committee shall have the authority, should it so desire, to use a specific incident as a vehicle for the examination of police policies, procedures and priorities.
(j) At the discretion and express direction of the Mayor and Council, assume and undertake such other tasks or duties as will facilitate the accomplishment of these goals and objectives.........
GOAL #6: IMPROVED TRAINING
Over the years, citizens' groups in some communities demanded more education and training for police officers as part of their efforts to solve the problem of police abuse. But at this juncture, the education issue is somewhat moot because the educational levels of American police officers have risen dramatically in recent years. By 1986, 22.6 percent of all officers had four or more years of college. About 65 percent had at least some college experience. The levels of education are highest among new recruits, who, in many departments have about two years of college. Moreover, no evidence exists to show that college educated police officers perform better, or are more respectful of citizen's rights, than less educated officers. In an abuse-prone department, all officers are likely to engage in misconduct, regardless of education levels.
The training of police personnel has also improved significantly in recent years. The average length of police academy programs has more than doubled, from about 300 to over 600 hours; in some cities, 900 or even 1200 hours are the rule. As the time devoted to training has increased, the academies have added a number of important subjects to their curricula: race relations, domestic violence, handling the mentally ill, and so on.
Unquestionably, a rigorously trained, professional police force is a desirable goal that should be pursued depending on local conditions. If citizens in your community feel that this is an important issue, here's what you should aim for:
A first rate police academy curriculum. The curriculum should be near the high end of the current scale -- 800 hours or more. It should include a mix of classroom and supervised field training.
It should include training in the techniques of de-escalating violence. In addition to being given weapons and taught how to use them, police recruits should also learn special skills -- especially communications skills -- to help them defuse and avert situations that might lead to the necessary use of force.
It should include community sensitivity training. Training recruits to handle issues of special significance in particular communities can lead to a reduction in community-police tensions.
The ACLU of Georgia, after a series of incidents occurred in Atlanta involving police harassment of gays, helped provide regular training at the local police academy to sensitize new recruits on gay and lesbian concerns.
The Police Practices Project of the ACLU of Northern California organized a group of homeless people to create a video for use in sensitivity training at the San Francisco police academy.
The ACLU of New Jersey, in response to complaints that state police were harassing minority motorists and entrapping gay men during an undercover operation in the men's room of a highway service area, joined the NAACP and the Lesbian and Gay Coalition in initiating a series of meetings with the new superintendent of the Division of State Police. The meetings resulted in the introduction a two-week seminar on "Cultural Diversity and Professionalism" that all 1,700 employees of the Division were required to take within a year's time. Although it's too soon to evaluate the seminar's impact on police conduct, the participating organizations believe that at the very least it opened up lines of communication between the community and the police.
Unfortunately, even the most enlightened training programs can be undermined by veteran officers, who traditionally tell recruits out in the field to "forget all that crap they taught you in the academy."
In San Francisco some years ago, men selected as field training officers (FTOs) were found to have some of the worst complaint and litigation records in the department. The evaluation scores they gave recruits revealed their systematic attempts to weed out minority and women officers. They labeled women recruits "bad drivers," gave Asians low scores in radio communication and unfairly criticized African Americans for their report-writing. The Northern California ACLU's Police Practices Project joined other community groups in successfully pressuring the police department to adopt stricter selection criteria for FTOs to ensure greater racial and gender integration, fairer evaluations of recruits and higher quality training.
GOAL #7: EQUAL EMPLOYMENT OPPORTUNITY
Historically, police departments, like other government agencies, have engaged in employment discrimination. People of color have been grossly under represented, and women were not even accepted as full-fledged officers until the 1970s.
Some progress has been made in the last 15 to 20 years. Police departments in several cities now have significant numbers of officers who are people of color.
A few departments even approach the theoretically ideal level of maintaining forces that reflect the racial composition of the communities they serve. Most departments now recruit and assign women on an equal basis with men.
Nonetheless, the overall employment levels of women and minorities still lag far behind the ideal. In 1986, only 8.8 percent of all sworn officers were women.
The San Francisco police force, even though it has been operating under a court-approved consent decree for 12 years, is still only 12 percent female and about 25 percent minority -- just a little more than half the integration level the court required. These disparities are most blatant at the highest ranks of virtually all police departments in the country. Although a number of cities now have African American police chiefs, only two big city departments have ever had female chiefs.
Improvements in police employment practices have come about largely as the result of litigation under existing civil rights laws. However, the courts may not be hospitable to employment discrimination claims in the future. Therefore, community groups and civil rights organizations should prepare to fight in the political arena for the integration of police departments.
In the short term, the recruitment of more women and minority officers may not result in less police abuse. Several social science studies suggest that minority and white officers do not differ greatly in their use of physical or deadly force, or in their arrest practices. (Women officers, on the other hand, are involved in citizen complaints at about half the rate of male officers, according to the New York City CCRB.) Still, in the long term, an integrated police force is a very important goal for these reasons:
(1) Integration will break down the isolation of police departments, as they reflect more and more the composition of the communities they serve. A representative police force will probably be less likely to behave like an alien, occupying army. The visible presence of officers of color in high-ranking command positions engenders public confidence in the ability of police department personnel to identify, on human terms, with community residents.
(2) Integration sends the important message that the primary enforcement arm of "the law" is, itself, committed to the principles of equal opportunity and equal protection of the law.
(3) Integration might, over time, reduce overtly racist/sexist enforcement tactics and actions, including brutality.
GOAL #8: CERTIFICATION AND LICENSING OF POLICE OFFICERS
Every state now has procedures for certifying or licensing police officers that require all sworn officers to have some minimum level of training. This was one of the advances of the late 1960s and early 1970s.
An important new development is the advent of procedures for decertifying officers. Traditionally, a police officer could be fired from one department but then hired by another. As a result, persons guilty of gross misconduct could continue to work as police officers. Decertification bars a dismissed officer from further police employment in that state (though not necessarily in some other state). Between 1976 and 1983, the Florida Criminal Justice Standards and Training Commission decertified 132 police officers.
GOAL #9: ACCREDITATION OF POLICE DEPARTMENTS
One result of the increasing number of lawsuits brought against police departments by victims of abuse over the past 20 years was a movement, within the police profession, for an accreditation process similar to that in education and other fields whereby the police would establish and enforce their own professional standards.
In 1979, the Commission on Accreditation for Law Enforcement Agencies (COALEA) was established as a joint undertaking of several major professional associations. COALEA published its first set of Standards for Law Enforcement Agencies in 1985 and issues new standards periodically.
In deciding whether your community should press for accreditation of its local police department, keep in mind these basic points.
(1) Accreditation is a voluntary process. A police department suffers no penalty for not being accredited. (In contrast, lack of accreditation in higher education carries penalties that include an institution's ineligibility for student financial aid programs and non-recognition of its awarded credits or degrees.)
(2) Current accreditation standards are minimum, rather than optimum. They are very good in some respects but do not go far enough in covering the critical uses of law enforcement powers.
(3) Accreditation might make a difference in the case of a truly backward, unprofessional and poorly managed police department in that it could help stimulate much needed and long overdue changes. On the other hand, a police department can easily comply with all of the current standards and still tolerate rampant brutality, spying and other abuses.
(4) Citizens in your particular community must decide whether, taking all of the above into account, accreditation would serve as an effective mobilization tool.
V. ORGANIZING STRATEGIES
Once your community has identified its police problems and decided what solutions to pursue, an organizing strategy for securing the desired reform must be developed.
In the 1960s and '70s, the most successful method of attacking police abuse was the lawsuit. During the tenure of Chief Justice Earl Warren, landmark Supreme
Court decisions that imposed nationally uniform limits on police behavior were handed down in the cases of Mapp v. Ohio, Escobedo v. Illinois and Miranda v. Arizona. Respectively, those decisions extended Fourth Amendment protection against unreasonable searches and seizures to the states, established the Sixth
Amendment right to a lawyer during police interrogations and required the police to inform persons taken into custody of their Fifth Amendment right against self-incrimination.
Today, the Supreme Court under Chief Justice William H. Rehnquist is repeatedly demonstrating its hostility to individual rights, as are many lower federal courts, the majority of whose presiding judges were appointed by Presidents Ronald Reagan and George Bush. More and more, therefore, the task of opposing police abuse falls not to lawyers, but to the citizens in your community.
STRATEGY #1: BUILD COALITIONS
PROFILE: The Indianapolis Law Enforcement and Community Relations Coalition.
The year is 1984. Galvanized by a series of brutal and unjustified police killings that have sparked tensions between the police department and the African American community, 19 civil rights, religious, professional and civic organizations form the Indianapolis Law Enforcement/Community Relations Coalition. Coalition members include the Urban League, Baptist Ministerial Alliance, Community Centers of Indianapolis, Hispano-American Center, Indiana Council of Churches, Jewish Community Relations Council, Mental Health Association, NAACP and the United Methodist Church.
The coalition, co-chaired by the directors of the Indiana Civil Liberties Union and the Urban League of Greater Indianapolis, sets the establishment of a civilian review board as its first priority. A board is established in 1989.
Currently, the coalition is seeking to strengthen the board's authority and functions. Coalition members are calling for removal of three police representatives so that the board will be completely civilian and, thus, truly independent. Coalition members collaborate with police academy instructors on sensitivity training, meeting with every class of recruits before the recruits graduate and take on their first field assignments. The recruits receive orientation around various policies and procedures that impact on the community, such as the use of deadly force.
In Indianapolis today, the Law Enforcement/Community Relations Coalition is regarded by the police, the public and the media as the city's principal civilian watchdog organization. Key to the coalition's success has been its broad based character and commitment to participatory decision-making.
STRATEGY #2: MONITOR THE POLICE
PROFILE: COPWATCH, Berkeley, California COPWATCH is a community organization whose stated purpose is "to reduce police harassment and brutality," and "to uphold Berkeley's tradition of tolerance and diversity." Its main activities are monitoring police conduct through personal observation, recording and publicizing incidents of abuse and harassment, and working with Berkeley's civilian review board -- the Police Review Commission.
COPWATCH sends teams of volunteers into the community on three-hour shifts. Each team is equipped with a flashlight, tape recorder, camera, "incident" forms (see sidebar) and COPWATCH Handbooks that describe the organization's non-violent tactics, relevant laws, court decisions, police policies and what citizens should do in an emergency. At the end of a shift, the volunteers return their completed forms to the COPWATCH office. If they have witnessed an harassment incident, they call one of the organization's cooperating lawyers, who follows up on the incident.
STRATEGY # 3: USE OPEN RECORDS LAWS
PROFILE: The Seattle Coalition on Government Spying
The year is 1976. During confirmation hearings for a new Seattle police chief, it comes to light that the city's police department maintains political intelligence files on citizens who are not suspected of any criminal activity.
Some time later, a local newspaper prints the names of 150 individuals that were found in police files.
A group of citizens, concerned about this clear violation of First Amendment and privacy rights, form the Coalition on Government Spying.
One of the coalition's first acts is to file suit under the Washington public disclosure law, seeking access to the police department's intelligence files (see sample Open Records statute in sidebar). Under the law, the police can refuse to disclose the files only if "non disclosure is essential to effective law enforcement." Since the files are purely political, the court orders full disclosure.
The coalition's charges of abuse turn out to be well-founded. Not only do the files show that the police have engaged in unconstitutional surveillance of political activists, but they are full of inaccurate, misleading and damaging information.
The lawsuit and its revelations receive a lot of media attention, which helps build strong public support for reform. The result: Seattle enacts the first and only municipal ordinance in the country that restricts police surveillance.
SIDEBAR: OPEN RECORDS LAWS
Each of the 50 states has a freedom of information act or an open records law. Virtually all such laws were enacted post-Watergate, in the mid-1970's. Under these laws, community groups can request and obtain access to police reports, investigations, policies and tape recordings regarding a controversial incident, such as a beating, shooting, or false arrest. If the police refuse to disclose information to representatives of your community, that refusal in itself should become the focus of organizing and public attention. Ultimately, your community can sue to compel disclosure, unless the records you seek are specifically exempted.
FLORIDA FREEDOM OF INFORMATION ACT
General state policy on public records.
It is the policy of this state that all state, county, and municipal records shall at all times be open for a personal inspection by any person.
Definitions.
(1) "Public records" means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, or other material, regardless of physical form or other characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency.
(2) "Agency" shall mean any state, county, district, authority or municipal officer, department, division, board, bureau, commission, or other separate unit of government...
Inspection and examination of records; exemptions.
(1) Every person who has custody of public records shall permit the records to be inspected and examined by any person desiring to do so, at reasonable times, under reasonable conditions...The custodian shall furnish copies or certified copies of the records upon payment of fees...
(2) All public records which presently are provided by law to be confidential or which are prohibited from being inspected by the public, whether by general or special law, shall be exempt from the provisions of subsection (1).
STRATEGY #4: EDUCATE THE PUBLIC
PROFILE: Police Practices Project, ACLU of Northern California The Police Practices Project conducts education programs to teach citizens about their constitutional rights. One aspect of the police abuse problem, the project believes, is that the police tend to abuse certain people partly because they think these individuals don't know their rights, or don't know how to assert their rights. The project also believes that its programs have the added advantage of recruiting groups and individuals to work in police reform campaigns.
The project also publishes wallet-size cards in English, Spanish and Chinese that inform citizens about what to do or say in encounters with the police. These cards have been widely distributed in the community. (One card-holder reported that he pulled out his card when confronted by a police officer, only to have the officer reach into his wallet and pull out his own copy of the same card!)
The project believes that individual citizens and community groups become informed about police policies just by participating in the preparation of educational materials and training sessions. That participation also fosters awareness about particular areas of police practice that need reform. Most important, education empowers even the most disenfranchised people and helps deter the police from treating them abusively.
To protect yourself later, you should make it clear that you do not consent to a search.
If you are given a ticket, you should sign it, otherwise you can be arrested. You can always fight the case in court later.
If you are suspected of drunken driving and refuse a blood, urine or breath test, your driving license can be suspended.
If You Are Arrested or Taken to a Police Station You have the right to remain silent and talk to a lawyer before you talk to the police. Tell the police nothing except your name and address. Do not give explanations, excuses or stories. You can make your defense in court based on what you and your lawyer decide is best.
Ask to see a lawyer immediately. If you cannot pay for a lawyer, you have a right to a free one, and you should ask the police how the lawyer can be contacted. Do not talk without a lawyer.
STRATEGY # 5: USE THE POLITICAL PROCESS TO WIN REFORMS
PROFILE: The New York Civil Liberties Union's Campaign for a "Real Civilian Review Board"
The time is August 1988; the place, New York City. Manhattan's Lower East Side neighborhood is rocked by one of the most serious outbreaks of police violence in years. The violence occurs as the police, declaring a curfew, begin to eject homeless people and their supporters from Tompkins Square Park. Fifty-two people, most of them innocent bystanders, sustain serious injuries at the hands of the police. Much of the violence is recorded on video. Yet the officers who are guilty of misconduct go virtually unpunished; only one receives more than a 30-day suspension from the force.
The city's Civilian Complaint Review Board (CCRB) comes under heightened scrutiny. Although it has existed since 1966, the CCRB has long been criticized for its lack of independence and secretive proceedings. Half of its 12 members are appointed by the mayor, the other half by the police commissioner. Most of the CCRB's investigators are police officers.
During 1991, the campaign calls on the city's community boards to pass resolutions in support of "a real CCRB." (The community boards are elected bodies that have advisory jurisdiction over a variety of local matters, such as zoning and land use). Campaign spokespersons debate police department representatives before some 30 community boards throughout the city, and 19 boards pass resolutions calling for revisions of the present system (see sample resolution in sidebar). Each board that passes a resolution becomes a member of the campaign coalition. Coalition members set up tables at street fairs and other community events to collect signatures on petitions for "a real CCRB."
More than 1,000 signatures are collected. The NYCLU, after garnering this broad support develops legislation for submission to the City Council. The bill is endorsed by 14 Council members. At this writing, the bill has yet to be debated, but the cause of true civilian review in New York City has already been advanced.
SOME OPERATING ASSUMPTIONS
THE BAD NEWS.....is that police abuse is a serious problem. It has a long history, and it seems to defy all attempts at eradication.
The problem is national -- no police department in the country is known to be completely free of misconduct -- but it must be fought locally. The nation's 19,000 law enforcement agencies are essentially independent. While some federal statutes that specify criminal penalties for willful violations of civil rights and conspiracies to violate civil rights, the United States Department of Justice has been insufficiently aggressive in prosecuting cases of police abuse.
There are shortcomings, too, in federal law itself, which does not permit "pattern and practice" lawsuits. The battle against police abuse must, therefore, be fought primarily on the local level.
THE GOOD NEWS.....is that the situation is not hopeless. Policing has seen much progress. Some reforms do work, and some types of abuse have been reduced. Today, among both police officials and rank and file officers it is widely recognized that police brutality hinders good law enforcement.
To fight police abuse effectively, you must have realistic expectations. You must not expect too much of any one remedy because no single remedy will cure the problem. A "mix" of reforms is required. And even after citizen action has won reforms, your community must keep the pressure on through monitoring and oversight to ensure that the reforms are actually implemented.
Nonetheless, even one person, or a small group of persistent people, can make a big difference. Sometimes outmoded and abusive police practices prevail largely because no one has ever questioned them. In such cases, the simple act of spotlighting a problem can have a powerful effect that leads to reform. Just by raising questions, one person or a few people -- who need not be experts -- can open up some corner of the all-too-secretive and insular world of policing to public scrutiny. Depending on what is revealed, their inquiries can snowball into a full blown examination by the media, the public and politicians.
II. GETTING STARTED: IDENTIFYING THE PROBLEM:
You've got to address specific problems. The first step, then, is to identify exactly what the police problems are in your city. What's wrong with your police department is not necessarily the same as what's wrong in another city. Police departments are different in size, quality of management, local traditions and the severity of problems. Some departments are gravely corrupt; others are relatively "clean" but have poor relations with community residents. Also, a city's political environment, which affects both how the police operate and the possibilities for achieving reform, is different in every city. For example, it is often easier to reform police procedures in cities that have a tradition of "good government," or in cities where minorities are well organized politically.
The range of police problems includes:
Excessive use of deadly force.
Excessive use of physical force.
Discriminatory patterns of arrest.
Patterns of harassment of such "undesirables" as the homeless, youth, minorities and gays, including aggressive and discriminatory use of the "stop-and-frisk" and overly harsh enforcement of petty offenses.
Chronic verbal abuse of citizens, including racist, sexist and homophobic slurs.
Discriminatory non-enforcement of the law, such as the failure to respond quickly to calls in low-income areas, and half-hearted investigations of domestic violence, rape or hate crimes.
Spying on political activists.
Employment discrimination -- in hiring, promotion and assignments, and internal harassment of minority, women and gay or lesbian police personnel.
The "code of silence" and retaliation against officers who report abuse and/or support reforms.
Overreaction to "gang" problems, which is driven by the assumption that most or all associational activity is gang-related. This includes illegal mass stops and arrests, and demanding photo IDs from young men based on their race and dress instead of their criminal conduct.
The "war on drugs," with its overboard searches and other tactics that endanger innocent bystanders. This "war" wastes scarce resources on unproductive "buy and bust" operations to the neglect of more promising community-based approaches.
Lack of accountability, such as the failure to discipline or prosecute abusive officers, and the failure to deter abuse by denying promotions and/or particular assignments because of prior abusive behavior.
Crowd control tactics that infringe on free expression rights and lead to unnecessary use of physical force.
III. GATHER THE FACTS
The first thing to bear in mind about the "homework" community residents have to do in order to build a strong case for reform is that obtaining the most relevant information on the activities of your police department can be a tough task. In answer to critics, police chiefs often cite various official data to support their claim that they are really doing a great job. "Look at the crime rate," they say, "it's lower than in other cities." Or: "My department's arrest rate is much higher than elsewhere." The catch is that these data, though readily available to citizens, are deeply flawed, while the most telltale information is not always easy to get.
FORGET The "Crime Rate." The "crime rate" figures cited by government officials are based on the FBI's Uniform Crime Reports (UCR) system, which has several serious flaws. To name only a few: First, the UCR only measures reported crime.
Second, since the system is not independently audited there are no meaningful controls over how police departments use their crime data. Police officers can and do "unfounded" crimes, meaning they decide that no crime occurred. They also "downgrade" crimes -- for example, by officially classifying a rape as an assault. Third, reports can get "lost," either deliberately or inadvertently.
There are many other technical problems that make the UCR a dubious measure of the extent of crime problems. The National Crime Survey (NCS), published by another part of the U.S. Justice Department, provides a far more accurate estimate of the national crime rate and of long-term trends in crime. But it is a national-level estimate and does not provide data on individual cities. So the NCS isn't much help on the local level.
FORGET The "Clearance Rate." A police department's official data on its "clearance rate," which refers to the percentage of crimes solved, do not accurately reflect that department's performance. The fact that one department "clears" 40 percent of all robberies, compared with 25 percent by another department, doesn't necessarily mean it is more effective. There are too many ways to manipulate the data, either by claiming a larger number of crimes "cleared" (inflating the numerator), or by artificially lowering the number of reported crimes (lowering the denominator).
FORGET The arrest rate. Police officers have broad discretion in making and recording arrests. The Police Foundation (in Washington, D.C.), which conducts research on policing issues, has found great variations among police departments in their recording of arrests. In many departments, police officers take people into custody, hold them at the station, question and then release them without filling out an arrest report. For all practical purposes, these people were "arrested," but their arrests don't show up in the official data. Other departments record such arrests. Thus, the department that reports a lower number of arrests may actually be taking more people into custody than the department that reports more arrests.
FORGET The citizen complaint rate. Official data on the complaints filed by citizens regarding police conduct are important but present a number of problems. Many departments do not release any information on this subject. Some publish a smattering of information on complaints and the percentage of complaints sustained by the department. In more and more cities, the civilian review agency publishes this data.
Data on citizen complaints are difficult to interpret. Some examples: In 1990, it was widely reported that San Francisco, with less than 2,000 police officers, had more citizen complaints than Los Angeles, which has more than 8,000 officers. What that may mean, however, is that Los Angeles residents are afraid to file reports or don't believe it would do any good. San Francisco has a relatively independent civilian review process, which may encourage the filing of more complaints. Also in 1990, New York City reported a decline from previous years in the number of citizen complaints filed. But many analysts believe that simply reflected New Yorkers' widespread disillusionment with their civilian review board. Citizen complaints filed in Omaha, Nebraska doubled after the mayor allowed people to file their complaints at City Hall, as well as the police department.
Another problem is that in some police departments with internal affairs systems, officers often try to dissuade people from filing formal complaints that will later become part of an officer's file. And the number of complaints counted is also affected by whether or not the internal affairs system accepts anonymous complaints and complaints by phone or mail, or requires in-person, sworn statements.
Thus, the official "complaint rate" (complaints per 1,000 citizens), rather than being a reliable measure of police performance, more than likely reflects the administrative customs of a particular police department.
WHAT YOU REALLY NEED TO KNOW, AND WHY
Police shootings. You need to know about police firearms discharges, which refer to the number of times a police weapon has been fired. This information is more complete than statistics on the number of persons shot and wounded or killed. (However, information on the race of persons shot and wounded or killed is important.) Particularly important is information on repeat shooters, which can tell you whether some officers fire their weapons at a suspiciously high rate.
With this information, you can evaluate the use of deadly force in your department. You can also evaluate the long-term trends in shootings. Are shootings increasing or decreasing? Has there been a recent upsurge? How does the department compare with other departments -- are officers shooting at a significantly higher rate in your department than elsewhere?
SIDEBAR: WHO SHOOTS?
*Do some officers shoot more often than others? *Do white officers shoot more often that black officers? *Do young officers shoot more often than veteran officers?
The most detailed analysis of police shootings was produced by James Fyfe, a former police officer who is now a criminologist and expert on police practices. He concluded that the single most important factor determining patterns of shooting is place of assignment. Fyfe's findings showed that: Black and white officers assigned to similar precincts fired their weapons at essentially the same rate; since new officers are assigned to less desirable, high crime precincts based on the seniority system, younger officers shoot more often than older officers; and since a disproportionate number of black officers are young due to recent affirmative action programs, black officers shoot more often than white officers -- but as a function of assignment, not race.
Fyfe found significant differences in shooting patterns between police departments. The overall shooting rate in some departments was significantly higher than in others, a disparity that he attributed to differences in department policy.
SOURCE: James J. Fyfe, "Who Shoots? - - A Look At Officer, Race And Police Shooting." Journal of Police Science And Administration; Volume 9, December 1981; pp. 367-382.
B. Use of physical force. You need to know how frequently, day to day, police officers in your city use physical force in the course of their encounters with citizens. Do officers try to refrain from using such force against citizens, or do they quickly and casually resort to force?
In its report on the Los Angeles police department in the aftermath of the March 1991 beating of Rodney King, the Christopher Commission confirmed a long held suspicion: a small number of officers are involved in an extraordinarily high percentage of use of force incidents. Ten percent of the officers accounted for 33.2% of all use of force incidents. The Commission was able to identify 44 such officers who were not disciplined despite the fact that they were the subjects of numerous citizen complaints.
In 1981, the U.S. Civil Rights Commission found a similar pattern in Houston and recommended, as a remedy, that police departments establish "early warning systems" to identify officers with high rates of citizen complaints.
Patterns in the use of physical force reveal a lot about the "culture" of a particular police department. Clearly, a department whose officers repeatedly engage in physically coercive conduct needs reform. Police officials often deny that their personnel are prone to using force inappropriately, so if your community believes it has a problem in this area citizens must be able to support their claims with existing data, or data they have gathered themselves.
SIDEBAR: RACIAL DISCRIMINATION IN POLICE SHOOTINGS
These data indicate a clear pattern of racial discrimination. The disparity between whites and blacks shot and killed is extreme in the category of persons "unarmed and not assaultive." These are classic "fleeing felon" situations in which, prior to 1985, Memphis Police Department policy and the common law of many states permitted officers to use deadly force. In 1985, the U.S. Supreme Court ruled that it is unconstitutional for a police officer to shoot a suspected felon in flight who does not pose an immediate danger to the officer or public. The case -- Tennessee v. Garner -- involved Edward Garner, a 15 year-old black youth who, though unarmed, was shot and killed while trying to flee the scene of a suspected burglary.
POLICE SHOOTINGS IN MEMPHIS 1969-1974
Person Shot and Killed Number Shot and Killed White Black
Armed and Assaultive 5 7
Unarmed and Assaultive 2 6
Unarmed and Not Assaultive 1 13
In examining official policies, you need to evaluate them in comparison to recommended standards.
D. Lawsuits. You need to know how many lawsuits citizens have filed against your local police department. You want to know what the charges were, the number of officers involved, whether certain officers are named repeatedly in suits, what was the outcome and, in the case of successful suits, how much did the city pay in damages.
The number of lawsuits filed against a police department can be very revealing. For example, the Los Angeles Times reported that the city paid $64 million (of citizens' tax money!) in damages for abuses by the Los Angeles Police Department and county sheriff's office in just three years -- 1989-1991. In 1990 alone, New York City paid victims of police misconduct a record high of more than $13 million. This kind of information can be used to mobilize middle-class taxpayers and "good-government" activists, who can then be brought into a community coalition against police abuse.
E. Minority employment. You need to know how many African Americans, panics, Asians, other minorities and women are employed by your police department and their distribution throughout the department's ranks.
This information is useful in assessing, again, the "culture" of your local police department -- is it internally diverse, fair and equitable? It also suggests how much value the department places on the "human relations" aspects of its work, and how responsive it is to community concerns.
WHERE TO GET THE INFORMATION, AND HOW
Police business is generally shrouded in secrecy, which conceals outdated policies and departmental inertia, encourages cover-ups and, of course, breeds public suspicion. But remember: Police departments are an arm of government, and *the government's business is your business*. Police policies, procedures, memoranda, records, reports, tape recordings, etc. should not be withheld from public view unless their release would threaten on-going investigations, endanger officers or others, or invade someone's personal privacy.
Demanding information about police practices is an important part of the struggle to establish police accountability. Indeed, a campaign focused solely on getting information from the police can serve as a vehicle for organizing a community to tackle police abuse. Regarding all of the following categories, one of the tactics your community could employ is to interest a local investigative journalist in seeking information from the police for a series of articles. Once in hand, the information is a tool for holding the police accountable for their actions.
Police Shootings. Virtually every big city police department has this information on hand, since officers are required to file a report after every firearms discharge. Departments are supposed to publish a summary of weapons discharges every year, but they don't usually release the information voluntarily. Strong civilian review boards in a few cities now publish the information. As for repeat shooters, this information exists in police reports but police departments vigorously resist identifying repeat shooters. There are several ways to proceed:
(1) As an organizing strategy, demand that the police department publish this data, identify the repeaters and take appropriate remedial action (counseling, retraining, formal discipline, transfer, etc.)
(2) Alternatively, since it isn't essential that officers be identified by name, demand that they be identified simply by a code number, which can focus public attention on the problem of excessive shooters.
(3) Visit your local civilian review agency, if one exists. These agencies often have the authority to collect and release a range of information about local police conduct.
SIDEBAR: ON DRUGS, GANGS AND POLICE OFFICER SAFETY
Police work remains dangerous, and many police officers contend that they need greater freedom to use deadly force today because of the increase in heavily armed drug gangs.
But in fact, police work is much less dangerous than it used to be. The number of officers killed in the line of duty is half of what it was nearly 20 years ago. According to the FBI, the number of officers killed dropped from 134 in 1973 to 67 in 1990. That reduced death rate is even more dramatic considering the increase in the number of police officers on duty in the field.
Police officers have not been the victims of "drive-by" gang shootings. Innocent by-standers and rival gang members have been the victims.
The police do not need more firepower.
B. Physical Force. There are three potential sources of data on police use of physical force.
(1) Data developed by community residents. Community residents can make a significant contribution to documenting physical force abuses and, in the process, organize. They can bear witness to, and record, abuse incidents, take information from others who have witnessed incidents, refute police department arguments that there is no problem and help document the inadequacies of the police department's official complaint review process.
The San Diego chapter of the ACLU's Southern California affiliate set up "police hotline," which is listed in the Yellow Pages, to receive complaints about the police. The chapter's first report on the hotline, issued in August 1990, offers some useful information about complaint patterns. The Police Watch in Los Angeles compiles similar data. To receive a copy of the San Diego ACLU report, write to the ACLU/San Diego, 1202 Kettner Boulevard, Suite 6200, San Diego, CA 92101, or call (619) 232-2121. Police Watch can be contacted at 611 South Catalina, Suite 409, Los Angeles, CA 90005; (213)387-3325.
(2) Formal complaints filed by citizens. Most police departments do not make this information public. Some publish summary data in their annual report, so consult that document. In a number of cities, civilian review agencies publish it, so check with that agency in your city. The annual reports of the New York City Citizen Complaint Review Board (CCRB) and San Francisco's Office of Citizen Complaints (OCC) provide fairly detailed summaries.
(3) Internal police reports. An increasing number of police departments require officers to fill out reports after any use of physical force. This is a larger set of data than the citizen complaints would provide, since many citizens don't file complaints even when they have cause to do so. Ask to see these reports.
C. Official Policies. Your police department has a Standard Operating Procedure (SOP) manual (it may have another title) that contains the official policies of the department. The SOP manual is a public document and should be readily available. Some departments place current copies in local libraries. Others treat it as an internal document not available to the public -- which is unacceptable. Demand to see the manual, if your department withholds it. As a last resort, you can file suit under your state's open records law to obtain the SOP manual.
D. Lawsuits. Lawsuits brought against police departments are matters of public record. Records of suits brought in state courts reside at your local state courthouse; of suits brought in federal district court, at your local federal courthouse. The Lexis computer database is a source of published opinions in civilian suits brought against the police. However, collecting information from any of these sources is a very laborious task. Better to contact your local ACLU affiliate and/or other relevant public interest groups, which may have done most of the work for you. In the back of this manual, find the name and address of your local ACLU and other organizations.
E. Minority Employment. Official data on this issue are generally reliable and available from your local police department. If the police stonewall, you can get the information from the city's personnel division. The point is to evaluate the police department's minority employment record relative to local conditions.
Using current data, compare the percentage of a particular group of people in the local population with that group's representation on the police force. If, for example, Hispanic Americans are 30 percent of the population but only 15 percent of the sworn officers, the your police department is only half way toward achieving an ideal level of diversity.
IV. CONTROLLING THE POLICE: COMMUNITY GOALS
GOAL #1: A CIVILIAN REVIEW BOARD
Civilian review of police activity was first proposed in the 1950s because of widespread dissatisfaction with the internal disciplinary procedures of police departments. Many citizens didn't believe that police officials took their complaints seriously. They suspected officials of investigating allegations of abuse superficially at best, and of covering up misconduct. The theory underlying the concept of civilian review is that civilian investigations of citizen complaints are more independent because they are conducted by people who are not sworn officers.
At first, civilian review was a dream few thought would ever be fulfilled. But slow, steady progress has been made, indicating that it's an idea whose time has come. By the end of 1991, more than 60 percent of the nation's 50 largest cities had civilian review systems, half of which were established between 1986 and 1991.
Civilian review advocates in every city have had to overcome substantial resistance from local police departments. One veteran of the struggle for civilian review has chronicled the stages of police opposition as follows:
> the "over our dead bodies" stage, during which police will not accept any type of civilian oversight under any circumstances;
> the "magical conversion" stage, when it becomes politically inevitable that civilian review will be adopted. At this point, former police opponents suddenly become civilian review experts and propose the weakest possible models; Strong community advocacy is necessary to overcome resistance at every stage, even after civilian review is established.
WHAT IS CIVILIAN REVIEW?
Confusion reigns about civilian review systems because they vary tremendously.
Some are more "civilian" than others. Some are not boards but municipal agencies headed by an executive director (who has been appointed by, and is accountable to, the mayor).
The three basic types of civilian review systems are:
(1) Type I. Persons who are not sworn officers conduct the initial fact-finding. They submit an investigative report to a non-officer or board of non-officers, requesting a recommendation of discipline or leniency. This process is the most independent and most "civilian."
(2) Type II. Sworn officers conduct the initial fact-finding. They submit an investigative report to a non-officer or board of non-officers for a recommendation.
(3) Type III. Sworn officers conduct the initial fact-finding and make a recommendation to the police chief. If the aggrieved citizen is not satisfied with the chief's action on the complaint, he or she may appeal to aboard that includes non-officers. Obviously, this process is the least independent.
Although the above are the most common, other types of civilian review systems also exist.
SIDEBAR: TEN PRINCIPLES FOR AN EFFECTIVE CIVILIAN REVIEW BOARD
1 Independence. The power to conduct hearings, subpoena witnesses and report findings and recommendations to the public.
2 Investigatory Power. The authority to independently investigate incidents and issue findings on complaints.
3 Mandatory Police Cooperation. Complete access to police witnesses and documents through legal mandate or subpoena power.
4 Adequate Funding. Should not be a lower budget priority than police internal affairs systems.
5 Hearings. Essential for solving credibility questions and enhancing public confidence in process.
6 Reflect Community Diversity. Board and staff should be broadly representative of the community it serves.
7 Policy Recommendations. Civilian oversight can spot problem policies and provide a forum for developing reforms.
8 Statistical Analysis. Public statistical reports can detail trends in allegations, and early warning systems can identify officers who are subjects of unusually numerous complaints.
9 Separate Offices. Should be housed away from police headquarters to maintain independence and credibility with public.
10 Disciplinary Role. Board findings should be considered in determining appropriate disciplinary action.
WHY IS CIVILIAN REVIEW IMPORTANT?
Civilian review establishes the principle of police accountability. Strong evidence exists to show that a complaint review system encourages citizens to act on their grievances. Even a weak civilian review process is far better than none at all.
A civilian review agency can be an important source of information about police misconduct. A civilian agency is more likely to compile and publish data on patterns of misconduct, especially on officers with chronic problems, than is a police internal affairs agency.
Civilian review can alert police administrators to the steps they must take to curb abuse in their departments. Many well-intentioned police officials have failed to act decisively against police brutality because internal investigations didn't provide them with the facts.
The existence of a civilian review agency, a reform in itself, can help ensure that other needed reforms are implemented. A police department can formulate model policies aimed at deterring and punishing misconduct, but those policies will be meaningless unless a system is in place to guarantee that the policies are aggressively enforced.
Civilian review works, if only because it's at least a vast improvement over the police policing themselves. Nearly all existing civilian review systems reduce public reluctance to file complaints; reduce procedural barriers to filing complaints; enhance the likelihood that statistical reporting on complaints will be more complete; enhance the likelihood of an independent review of abuse allegations; foster confidence in complainants that they will get their "day in court" through the hearing process; increase scrutiny of police policies that lead to citizen complaints, and increase opportunities for other reform efforts.
Your community's campaign should seek the strongest possible civilian review system, one that is fully independent and designed for easy access. But if all you can get adopted is a weak system, take it with the understanding that once it's created you can press for changes to make it more independent and effective.
GOAL #2: CONTROL OF POLICE SHOOTINGS
Police misconduct in the use of deadly force is an area in which considerable progress has been made. Although the rate of deadly force abuse is still intolerably high, national data reveal reductions, by as much as 35-to-40 percent in our 50 largest cities, in the number of persons shot and killed by the police since the mid-1970s. This has been accompanied by a significant reduction in the racial disparities among persons shot and killed: since the 1970s, from about six minority persons to one white person, down to three minority persons to one white.
This progress serves as a model for controlling other forms of police behavior.
How was it achieved? In the mid-1970s, police departments began to develop restrictive internal policies on the use of deadly force. These embodied the "defense of life" standard, which allows the use of deadly force only when the life of an officer or some other person is in danger. In 1985, the Supreme Court finally upheld this standard in the case of Tennessee v. Garner (see sidebar, "Racial Discrimination in Police Shootings"). However, the majority of policies adopted by police departments go beyond the courts Garner decision, prohibiting warning shots, shots to wound, and other reckless actions. Most important, these policies require officers to file written reports after each firearms discharge, and require that those reports be automatically reviewed by higher-ranking officers.
To meet goal #2, your community must:
(1) Ensure that the police department has a highly restrictive deadly force policy. Most big city departments do. But the national trend data on shootings suggest that medium-sized and small departments have not caught up with the big cities, so much remains to be done there. Much remains to be done as well in county sheriff and state police agencies, which have not been subject to the same scrutiny as big city police departments.
(2) Ensure enforcement of the deadly force policy through community monitoring.
To be accountable, the police department and/or the local civilian review agency should publish summary data on shooting incidents.
Citizens should also be able to find out whether the department disciplines officers who violate its policy, and whether certain officers are repeatedly involved in questionable incidents.
SIDEBAR: THE HOUSTON POLICE DEPARTMENT'S DEADLY FORCE POLICY (1987)
POLICY: The Houston Police Department places its highest value on the life and safety of its officers and the public. The department's policies, rules and procedures are designed to ensure that this value guides police officers' use of firearms.
RULES: The policy stated above is the basis of the following set of rules that have been designed to guide officers in all cases involving the use of firearms:
*The citizens of Houston have vested in their police officers the power to carry and use firearms in the exercise of their service to society. This power is based on trust and, therefore, must be balanced by a system of accountability.
The serious consequences of the use of firearms by police officers necessitate the specification of limits for officers' discretion; there is often no appeal from an officer's decision to use a firearm. Therefore, it is imperative that every effort be made to ensure that such use is not only legally warranted but also rational and humane.
*The basic responsibility of police officers to protect life also requires that they exhaust all other reasonable means for apprehension and control before resorting to the use of firearms. Police officers are equipped with firearms as a means of last resort to protect themselves and others from the immediate threat of death or serious bodily injury.
*Even though all officers must be prepared to use their firearms when necessary, the utmost restraint must be exercised in their use. Consequently, no officer will be disciplined for discharging a firearm in self-defense or in defense of another when faced with a situation that immediately threatens life or serious bodily injury. Just as important, no officer will be disciplined for not discharging a firearm if that discharge might threaten the life or safety of an innocent person, or if the discharge is not clearly warranted by the policy and rules of the department.
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*Above all, this department values the safety of its employees and the public.
Likewise it believes that police officers should use firearms with a high degree of restraint. Officers' use of firearms, therefore, shall never be considered routine and is permissible only in defense of life and then only after all alternative means have been exhausted. RULE 1: Police officers shall not discharge their firearms except to protect themselves or another person from imminent death or serious bodily injury.
RULE 2: Police officers shall discharge their firearms only when doing so will not endanger innocent persons.
RULE 3: Police officers shall not discharge their firearms to threaten or subdue persons whose actions are destructive to property or injurious to themselves but which do not represent an imminent threat of death or serious bodily injury to the officer or others.
RULE 4: Police officers shall not discharge their firearms to subdue an escaping suspect who presents no imminent threat of death or serious bodily injury.
RULE 5: Police officers shall not discharge their weapons at a moving vehicle unless it is absolutely necessary to do so to protect against an imminent threat to the life of the officer or others.
RULE 6: Police officers when confronting an oncoming vehicle shall attempt to move out of the path, if possible, rather than discharge their firearms at the oncoming vehicle.
RULE 7: Police officers shall not intentionally place themselves in the path of an oncoming vehicle and attempt to disable the vehicle by discharging their firearms.
RULE 8: Police officers shall not discharge their firearms at a fleeing vehicle or its driver.
RULE 9: Police officers shall not fire warning shots.
RULE 10: Police officers shall not draw or display their firearms unless there is a threat or probably cause to believe there is a threat to life, or for inspection.
GOAL #3: REDUCE POLICE BRUTALITY
Your community's principal aim here should be to get the police department to adopt and enforce a written policy governing the use of physical force. This policy should have two parts: (1) It should explicitly restrict physical force to the narrowest possible range of specific situations. For example, a policy on the use of batons should forbid police officers from striking citizens in "non-target" areas, such as the head and spine, where permanent injuries can result. Mace should be used defensively, not offensively. Since electronic stun guns (Novas and Taser) have great potential for abuse because they don't leave scars or bruises, their use should be strictly controlled, supervised and reviewed.
(2) It should require that a police officer file a written report after any use of physical force, and that report should be automatically reviewed by high ranking officers.
Your community's second objective should be to get the police department to establish an early warning system to identify officers who are involved in an inordinate number of incidents that include the inappropriate use of physical force. The incidents should then be investigated and, if verified, the officers involved should be charged, disciplined, transferred, re-trained or offered counseling -- depending on the severity of their misconduct. The Christopher Commission's report on the Rodney King beating ascertained that the Los Angeles police leadership typically looked the other way when officers were involved in questionable incidents. This tolerance of brutality by the top brass helped create an atmosphere conducive to police abuses.
GOAL #4: END POLICE SPYING
Police spying, or intelligence gathering, on constitutionally protected political, religious and private sexual behavior is an historic problem. And it's particularly difficult to deal with because spying, by definition, is a covert activity. The victim doesn't know it's happening, and it's not witnessed by others.
During the 1970s, the ACLU and other public interest organizations brought lawsuits against unconstitutional police surveillance in several cities around the country, including New York City, Chicago, Memphis and Los Angeles. These suits resulted in the imposition of stricter limits on intelligence gathering by the police.
In Seattle in 1976, it came to light that local police were spying on organizations of black construction workers, Native Americans, advocates for low-income housing and other community activists whose conduct was perfectly lawful. In response to the revelations, the ACLU, along with the American Friends Service Committee and the National Lawyers Guild, formed the Coalition on Government Spying. After several years of hard work and lobbying, the coalition succeeded in bringing about passage of a comprehensive municipal law -- the first of its kind in the country -- that governs all police investigations and restricts the collection of political, religious and sexual information.
This law, called the Seattle Police Intelligence Ordinance, is an important breakthrough and a model for other efforts. It contains three elements that represent basic changes in police intelligence operations:
(1) "Restricted" information (that is, religious, political or sexual information) can be collected only if a person is reasonably suspected of having committed a crime, and the information must be relevant to that crime; (2) An independent civilian "auditor", appointed by the mayor and confirmed by the city council, must review all police authorizations to collect restricted information and have access to all other police files. If the auditor finds that the police have violated the law, he or she must so notify the individuals who are the subjects of the unlawful investigations;
(3) Any individual subjected to unlawful surveillance can bring a civil action in court to stop the surveillance, and to collect damages from the city.
GOAL #5: GENERAL OVERSIGHT OF POLICE POLICY
Police policies should be subject to public review and debate instead of being viewed as the sole province of police insiders. Open policy-making not only allows police officials to benefit from community input, but it also provides an opportunity for police officials to explain to the public why certain tactics or procedures may be necessary. This kind of communication between the police and the community can help anticipate problems and avert crises before they occur.
The Police Review Commission (a civilian review body) of Berkeley, California holds regular, bi-monthly meetings that are open to the public. At these meetings, representatives of community organizations can voice criticisms, make proposals and introduce resolutions to review or reform specific police policies.
The Police Practices Project of the ACLU of Northern California successfully pressured the San Francisco Police Department to adopt enlightened policies in regard to the treatment of homeless people; the use of pain holds and batons; the deployment of plainclothes officers at protests and demonstrations; intelligence gathering; the selection of field training officers, and AIDS/HIV education for police officers. The Project has also prevented the adoption of bad policies, including an anti-loitering rule and a policy that would have made demonstrators financially liable for police costs.
In Tucson, Arizona, a Citizens' Police Advisory Committee was made part of the city's municipal code in July 1990. The Committee, which is composed of both civilian and police representatives, has the authority to initiate investigations of controversial incidents or questionable policies, along with other oversight functions.
SIDEBAR: CITIZEN-POLICE ADVISORY COMMITTEE TUCSON, ARIZONA (Created by the Tucson Code, Sec. 10A-86)
FUNCTIONS:
(a) Consult with the governing body from time to time as may be required by the Mayor and [City] Council.
(b) Assist the police in achieving a greater understanding of the nature and causes of complex community problems in the area of human relations, with special emphasis on the advancement and improvement of relations between police and community minority groups.
(c) Study, examine and recommend methods, approaches and techniques to encourage and develop an active citizen-police partnership in the prevention of crime.
(d) Promote cooperative citizen-police programs and approaches to the solutions of community crime problems, emphasizing the principal that the administration of justice is a responsibility which requires total community involvement.
(e) Recommend procedures, programs and/or legislation to enhance cooperation among citizens of the community and police.
(f) Strive to strengthen and ensure throughout the community the application of the principle of equal protection under the law for all persons.
(g) Consult and cooperate with federal, state, city and other public agencies, commissions and committees on matters within the committee's charge.
(h) The committee may ask for and shall receive from the Police Department, a review of action taken by the Department in incidents which create community concern or controversy.
(i) The committee shall have the authority, should it so desire, to use a specific incident as a vehicle for the examination of police policies, procedures and priorities.
(j) At the discretion and express direction of the Mayor and Council, assume and undertake such other tasks or duties as will facilitate the accomplishment of these goals and objectives.........
GOAL #6: IMPROVED TRAINING
Over the years, citizens' groups in some communities demanded more education and training for police officers as part of their efforts to solve the problem of police abuse. But at this juncture, the education issue is somewhat moot because the educational levels of American police officers have risen dramatically in recent years. By 1986, 22.6 percent of all officers had four or more years of college. About 65 percent had at least some college experience. The levels of education are highest among new recruits, who, in many departments have about two years of college. Moreover, no evidence exists to show that college educated police officers perform better, or are more respectful of citizen's rights, than less educated officers. In an abuse-prone department, all officers are likely to engage in misconduct, regardless of education levels.
The training of police personnel has also improved significantly in recent years. The average length of police academy programs has more than doubled, from about 300 to over 600 hours; in some cities, 900 or even 1200 hours are the rule. As the time devoted to training has increased, the academies have added a number of important subjects to their curricula: race relations, domestic violence, handling the mentally ill, and so on.
Unquestionably, a rigorously trained, professional police force is a desirable goal that should be pursued depending on local conditions. If citizens in your community feel that this is an important issue, here's what you should aim for:
A first rate police academy curriculum. The curriculum should be near the high end of the current scale -- 800 hours or more. It should include a mix of classroom and supervised field training.
It should include training in the techniques of de-escalating violence. In addition to being given weapons and taught how to use them, police recruits should also learn special skills -- especially communications skills -- to help them defuse and avert situations that might lead to the necessary use of force.
It should include community sensitivity training. Training recruits to handle issues of special significance in particular communities can lead to a reduction in community-police tensions.
The ACLU of Georgia, after a series of incidents occurred in Atlanta involving police harassment of gays, helped provide regular training at the local police academy to sensitize new recruits on gay and lesbian concerns.
The Police Practices Project of the ACLU of Northern California organized a group of homeless people to create a video for use in sensitivity training at the San Francisco police academy.
The ACLU of New Jersey, in response to complaints that state police were harassing minority motorists and entrapping gay men during an undercover operation in the men's room of a highway service area, joined the NAACP and the Lesbian and Gay Coalition in initiating a series of meetings with the new superintendent of the Division of State Police. The meetings resulted in the introduction a two-week seminar on "Cultural Diversity and Professionalism" that all 1,700 employees of the Division were required to take within a year's time. Although it's too soon to evaluate the seminar's impact on police conduct, the participating organizations believe that at the very least it opened up lines of communication between the community and the police.
Unfortunately, even the most enlightened training programs can be undermined by veteran officers, who traditionally tell recruits out in the field to "forget all that crap they taught you in the academy."
In San Francisco some years ago, men selected as field training officers (FTOs) were found to have some of the worst complaint and litigation records in the department. The evaluation scores they gave recruits revealed their systematic attempts to weed out minority and women officers. They labeled women recruits "bad drivers," gave Asians low scores in radio communication and unfairly criticized African Americans for their report-writing. The Northern California ACLU's Police Practices Project joined other community groups in successfully pressuring the police department to adopt stricter selection criteria for FTOs to ensure greater racial and gender integration, fairer evaluations of recruits and higher quality training.
GOAL #7: EQUAL EMPLOYMENT OPPORTUNITY
Historically, police departments, like other government agencies, have engaged in employment discrimination. People of color have been grossly under represented, and women were not even accepted as full-fledged officers until the 1970s.
Some progress has been made in the last 15 to 20 years. Police departments in several cities now have significant numbers of officers who are people of color.
A few departments even approach the theoretically ideal level of maintaining forces that reflect the racial composition of the communities they serve. Most departments now recruit and assign women on an equal basis with men.
Nonetheless, the overall employment levels of women and minorities still lag far behind the ideal. In 1986, only 8.8 percent of all sworn officers were women.
The San Francisco police force, even though it has been operating under a court-approved consent decree for 12 years, is still only 12 percent female and about 25 percent minority -- just a little more than half the integration level the court required. These disparities are most blatant at the highest ranks of virtually all police departments in the country. Although a number of cities now have African American police chiefs, only two big city departments have ever had female chiefs.
Improvements in police employment practices have come about largely as the result of litigation under existing civil rights laws. However, the courts may not be hospitable to employment discrimination claims in the future. Therefore, community groups and civil rights organizations should prepare to fight in the political arena for the integration of police departments.
In the short term, the recruitment of more women and minority officers may not result in less police abuse. Several social science studies suggest that minority and white officers do not differ greatly in their use of physical or deadly force, or in their arrest practices. (Women officers, on the other hand, are involved in citizen complaints at about half the rate of male officers, according to the New York City CCRB.) Still, in the long term, an integrated police force is a very important goal for these reasons:
(1) Integration will break down the isolation of police departments, as they reflect more and more the composition of the communities they serve. A representative police force will probably be less likely to behave like an alien, occupying army. The visible presence of officers of color in high-ranking command positions engenders public confidence in the ability of police department personnel to identify, on human terms, with community residents.
(2) Integration sends the important message that the primary enforcement arm of "the law" is, itself, committed to the principles of equal opportunity and equal protection of the law.
(3) Integration might, over time, reduce overtly racist/sexist enforcement tactics and actions, including brutality.
GOAL #8: CERTIFICATION AND LICENSING OF POLICE OFFICERS
Every state now has procedures for certifying or licensing police officers that require all sworn officers to have some minimum level of training. This was one of the advances of the late 1960s and early 1970s.
An important new development is the advent of procedures for decertifying officers. Traditionally, a police officer could be fired from one department but then hired by another. As a result, persons guilty of gross misconduct could continue to work as police officers. Decertification bars a dismissed officer from further police employment in that state (though not necessarily in some other state). Between 1976 and 1983, the Florida Criminal Justice Standards and Training Commission decertified 132 police officers.
GOAL #9: ACCREDITATION OF POLICE DEPARTMENTS
One result of the increasing number of lawsuits brought against police departments by victims of abuse over the past 20 years was a movement, within the police profession, for an accreditation process similar to that in education and other fields whereby the police would establish and enforce their own professional standards.
In 1979, the Commission on Accreditation for Law Enforcement Agencies (COALEA) was established as a joint undertaking of several major professional associations. COALEA published its first set of Standards for Law Enforcement Agencies in 1985 and issues new standards periodically.
In deciding whether your community should press for accreditation of its local police department, keep in mind these basic points.
(1) Accreditation is a voluntary process. A police department suffers no penalty for not being accredited. (In contrast, lack of accreditation in higher education carries penalties that include an institution's ineligibility for student financial aid programs and non-recognition of its awarded credits or degrees.)
(2) Current accreditation standards are minimum, rather than optimum. They are very good in some respects but do not go far enough in covering the critical uses of law enforcement powers.
(3) Accreditation might make a difference in the case of a truly backward, unprofessional and poorly managed police department in that it could help stimulate much needed and long overdue changes. On the other hand, a police department can easily comply with all of the current standards and still tolerate rampant brutality, spying and other abuses.
(4) Citizens in your particular community must decide whether, taking all of the above into account, accreditation would serve as an effective mobilization tool.
V. ORGANIZING STRATEGIES
Once your community has identified its police problems and decided what solutions to pursue, an organizing strategy for securing the desired reform must be developed.
In the 1960s and '70s, the most successful method of attacking police abuse was the lawsuit. During the tenure of Chief Justice Earl Warren, landmark Supreme
Court decisions that imposed nationally uniform limits on police behavior were handed down in the cases of Mapp v. Ohio, Escobedo v. Illinois and Miranda v. Arizona. Respectively, those decisions extended Fourth Amendment protection against unreasonable searches and seizures to the states, established the Sixth
Amendment right to a lawyer during police interrogations and required the police to inform persons taken into custody of their Fifth Amendment right against self-incrimination.
Today, the Supreme Court under Chief Justice William H. Rehnquist is repeatedly demonstrating its hostility to individual rights, as are many lower federal courts, the majority of whose presiding judges were appointed by Presidents Ronald Reagan and George Bush. More and more, therefore, the task of opposing police abuse falls not to lawyers, but to the citizens in your community.
STRATEGY #1: BUILD COALITIONS
PROFILE: The Indianapolis Law Enforcement and Community Relations Coalition.
The year is 1984. Galvanized by a series of brutal and unjustified police killings that have sparked tensions between the police department and the African American community, 19 civil rights, religious, professional and civic organizations form the Indianapolis Law Enforcement/Community Relations Coalition. Coalition members include the Urban League, Baptist Ministerial Alliance, Community Centers of Indianapolis, Hispano-American Center, Indiana Council of Churches, Jewish Community Relations Council, Mental Health Association, NAACP and the United Methodist Church.
The coalition, co-chaired by the directors of the Indiana Civil Liberties Union and the Urban League of Greater Indianapolis, sets the establishment of a civilian review board as its first priority. A board is established in 1989.
Currently, the coalition is seeking to strengthen the board's authority and functions. Coalition members are calling for removal of three police representatives so that the board will be completely civilian and, thus, truly independent. Coalition members collaborate with police academy instructors on sensitivity training, meeting with every class of recruits before the recruits graduate and take on their first field assignments. The recruits receive orientation around various policies and procedures that impact on the community, such as the use of deadly force.
In Indianapolis today, the Law Enforcement/Community Relations Coalition is regarded by the police, the public and the media as the city's principal civilian watchdog organization. Key to the coalition's success has been its broad based character and commitment to participatory decision-making.
STRATEGY #2: MONITOR THE POLICE
PROFILE: COPWATCH, Berkeley, California COPWATCH is a community organization whose stated purpose is "to reduce police harassment and brutality," and "to uphold Berkeley's tradition of tolerance and diversity." Its main activities are monitoring police conduct through personal observation, recording and publicizing incidents of abuse and harassment, and working with Berkeley's civilian review board -- the Police Review Commission.
COPWATCH sends teams of volunteers into the community on three-hour shifts. Each team is equipped with a flashlight, tape recorder, camera, "incident" forms (see sidebar) and COPWATCH Handbooks that describe the organization's non-violent tactics, relevant laws, court decisions, police policies and what citizens should do in an emergency. At the end of a shift, the volunteers return their completed forms to the COPWATCH office. If they have witnessed an harassment incident, they call one of the organization's cooperating lawyers, who follows up on the incident.
STRATEGY # 3: USE OPEN RECORDS LAWS
PROFILE: The Seattle Coalition on Government Spying
The year is 1976. During confirmation hearings for a new Seattle police chief, it comes to light that the city's police department maintains political intelligence files on citizens who are not suspected of any criminal activity.
Some time later, a local newspaper prints the names of 150 individuals that were found in police files.
A group of citizens, concerned about this clear violation of First Amendment and privacy rights, form the Coalition on Government Spying.
One of the coalition's first acts is to file suit under the Washington public disclosure law, seeking access to the police department's intelligence files (see sample Open Records statute in sidebar). Under the law, the police can refuse to disclose the files only if "non disclosure is essential to effective law enforcement." Since the files are purely political, the court orders full disclosure.
The coalition's charges of abuse turn out to be well-founded. Not only do the files show that the police have engaged in unconstitutional surveillance of political activists, but they are full of inaccurate, misleading and damaging information.
The lawsuit and its revelations receive a lot of media attention, which helps build strong public support for reform. The result: Seattle enacts the first and only municipal ordinance in the country that restricts police surveillance.
SIDEBAR: OPEN RECORDS LAWS
Each of the 50 states has a freedom of information act or an open records law. Virtually all such laws were enacted post-Watergate, in the mid-1970's. Under these laws, community groups can request and obtain access to police reports, investigations, policies and tape recordings regarding a controversial incident, such as a beating, shooting, or false arrest. If the police refuse to disclose information to representatives of your community, that refusal in itself should become the focus of organizing and public attention. Ultimately, your community can sue to compel disclosure, unless the records you seek are specifically exempted.
FLORIDA FREEDOM OF INFORMATION ACT
General state policy on public records.
It is the policy of this state that all state, county, and municipal records shall at all times be open for a personal inspection by any person.
Definitions.
(1) "Public records" means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, or other material, regardless of physical form or other characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency.
(2) "Agency" shall mean any state, county, district, authority or municipal officer, department, division, board, bureau, commission, or other separate unit of government...
Inspection and examination of records; exemptions.
(1) Every person who has custody of public records shall permit the records to be inspected and examined by any person desiring to do so, at reasonable times, under reasonable conditions...The custodian shall furnish copies or certified copies of the records upon payment of fees...
(2) All public records which presently are provided by law to be confidential or which are prohibited from being inspected by the public, whether by general or special law, shall be exempt from the provisions of subsection (1).
STRATEGY #4: EDUCATE THE PUBLIC
PROFILE: Police Practices Project, ACLU of Northern California The Police Practices Project conducts education programs to teach citizens about their constitutional rights. One aspect of the police abuse problem, the project believes, is that the police tend to abuse certain people partly because they think these individuals don't know their rights, or don't know how to assert their rights. The project also believes that its programs have the added advantage of recruiting groups and individuals to work in police reform campaigns.
The project also publishes wallet-size cards in English, Spanish and Chinese that inform citizens about what to do or say in encounters with the police. These cards have been widely distributed in the community. (One card-holder reported that he pulled out his card when confronted by a police officer, only to have the officer reach into his wallet and pull out his own copy of the same card!)
The project believes that individual citizens and community groups become informed about police policies just by participating in the preparation of educational materials and training sessions. That participation also fosters awareness about particular areas of police practice that need reform. Most important, education empowers even the most disenfranchised people and helps deter the police from treating them abusively.
If Your Are Stopped in Your Car
Show your driver's license and registration upon request. Your can in certain cases be searched without a warrant so long as the police have probable cause. To protect yourself later, you should make it clear that you do not consent to a search.
If you are given a ticket, you should sign it, otherwise you can be arrested. You can always fight the case in court later.
If you are suspected of drunken driving and refuse a blood, urine or breath test, your driving license can be suspended.
If You Are Arrested or Taken to a Police Station You have the right to remain silent and talk to a lawyer before you talk to the police. Tell the police nothing except your name and address. Do not give explanations, excuses or stories. You can make your defense in court based on what you and your lawyer decide is best.
Ask to see a lawyer immediately. If you cannot pay for a lawyer, you have a right to a free one, and you should ask the police how the lawyer can be contacted. Do not talk without a lawyer.
STRATEGY # 5: USE THE POLITICAL PROCESS TO WIN REFORMS
PROFILE: The New York Civil Liberties Union's Campaign for a "Real Civilian Review Board"
The time is August 1988; the place, New York City. Manhattan's Lower East Side neighborhood is rocked by one of the most serious outbreaks of police violence in years. The violence occurs as the police, declaring a curfew, begin to eject homeless people and their supporters from Tompkins Square Park. Fifty-two people, most of them innocent bystanders, sustain serious injuries at the hands of the police. Much of the violence is recorded on video. Yet the officers who are guilty of misconduct go virtually unpunished; only one receives more than a 30-day suspension from the force.
The city's Civilian Complaint Review Board (CCRB) comes under heightened scrutiny. Although it has existed since 1966, the CCRB has long been criticized for its lack of independence and secretive proceedings. Half of its 12 members are appointed by the mayor, the other half by the police commissioner. Most of the CCRB's investigators are police officers.
During 1991, the campaign calls on the city's community boards to pass resolutions in support of "a real CCRB." (The community boards are elected bodies that have advisory jurisdiction over a variety of local matters, such as zoning and land use). Campaign spokespersons debate police department representatives before some 30 community boards throughout the city, and 19 boards pass resolutions calling for revisions of the present system (see sample resolution in sidebar). Each board that passes a resolution becomes a member of the campaign coalition. Coalition members set up tables at street fairs and other community events to collect signatures on petitions for "a real CCRB."
More than 1,000 signatures are collected. The NYCLU, after garnering this broad support develops legislation for submission to the City Council. The bill is endorsed by 14 Council members. At this writing, the bill has yet to be debated, but the cause of true civilian review in New York City has already been advanced.
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