OFF THE WIRE
WASHINGTON -- A police officer can't pull you over and arrest you just because you gave him the finger, a federal appeals court declared Thursday.
In a 14-page opinion, the U.S. Court of Appeals for the 2nd Circuit ruled that the "ancient gesture of insult is not the basis for a reasonable suspicion of a traffic violation or impending criminal activity."
John Swartz and his wife Judy Mayton-Swartz had sued two police officers who arrested Swartz in May 2006 after he flipped off an officer who was using a radar device at an intersection in St. Johnsville, N.Y. Swartz was later charged with a violation of New York's disorderly conduct statute, but the charges were dismissed on speedy trial grounds.
A federal judge in the Northern District of New York granted summary judgement to the officers in July 2011, but the Court of Appeals on Thursday erased that decision and ordered the lower court to take up the case again.
Richard Insogna, the officer who stopped Swartz and his wife when they arrived at their destination, claimed he pulled the couple over because he believed Swartz was "trying to get my attention for some reason." The appeals court didn't buy that explanation, ruling that the "nearly universal recognition that this gesture is an insult deprives such an interpretation of reasonableness."

OFF THE WIRE
 "He who sacrifices freedom for security deserves neither." -Ben Franklin
 The California Supreme Court reached a decision in People v. Diaz that police may lawfully search mobile phones on arrested individuals, without first obtaining a search warrant. So with this ruling, should we just call privacy dead or are there still tricks to keep your personal information safe? Competitive Enterprise Institute's Ryan Radia explains.  VIDEO, http://youtu.be/vVCROjpgCB0

COMMENT,

OFF THE WIRE
INTRODUCTION
These California Public Records Act guidelines describe the prescribed steps necessary for requesting access to inspect and/or obtain copies of public records maintained by the Department of California Highway Patrol (“the Department”) OR ANY CA POLICE DEPT...
The legislative enactment of the California Public Records Act (“the Act”) constituted a statement of policy that access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this state. This policy was made part of the California State Constitution in 2004. It is the policy of the State that governmental records will be disclosed to the public upon request, unless the law provides an exemption from disclosure.
The general assumption is that all records held by state agencies are public and must be made available to the public promptly upon request. However, the Legislature has recognized the need to balance the public’s right to know against compelling rights to privacy and the government’s need to perform its functions in a reasonable efficient manner. As such, the Act contains several specific exemptions from disclosure and incorporates several other statutes that prohibit state employees from disclosing certain types of public records. It is the Department’s burden to justify any withholding of public records.
The Act also establishes reasonable procedures providing for prompt disclosure while allowing state agencies the time to locate records and to determine which records, if any, are exempt from disclosure. The Department’s policy is to provide all members of the public convenient access to, and to promptly make the fullest possible disclosure of, its public records. Department personnel are available to assist persons making such requests and will solicit the assistance of the requestor when clarification of requested records is needed so as to make focused and effective requests that reasonably describe identifiable records. As a law enforcement agency the Department is entitled to treat certain records as exempt from disclosure, and express provisions of the Act, Penal Code, and Vehicle Code, among others, preclude public disclosure of certain records. When a request to review or obtain records is received, whether made in person, by mail, or by other means, it may be necessary for staff to first locate, then secure, and then review the requested items so that a determination can be made whether one or more exemptions apply, prior to having the records made available for viewing or copies provided.
HOW TO REQUEST ACCESS TO A PUBLIC RECORD
Anyone wishing to make a public records request in person may do so during regular business hours at any Department office that is open to the public. Department personnel shall not ask or demand that persons requesting to inspect records provide their identification or the reasons for wanting to inspect records. However, if records are to be picked up or mailed to a requestor, relevant identifying information must be provided. Written requests to inspect or to obtain a copy of a public record should be
addressed to the Department, to any area office, field division office, or to Department Headquarters. The Headquarters address is
California Highway Patrol
601 North 7th Street
Sacramento, CA 95811
Attention: Public Records Coordinator
The Headquarters facsimile for requests under the Act is 916-322-3219. The written request need not be in any particular form, but should sufficiently describe the requested records to enable Department personnel to identify and locate the records sought. While not required by the Act, it is helpful for the request to include a telephone number or address where the person requesting the record can be reached to expedite the resolution of any questions concerning the request that may arise.
THE DEPARTMENT’S RESPONSE TO PUBLIC RECORDS REQUESTS
If the records are clearly disclosable, they will be made available as soon as possible. However, in most cases staff will have to review the records to determine whether all or part maybe privileged, confidential, or otherwise exempt from disclosure. Within 10 days from the date the request is received, the Department will determine whether the request, in whole or in part, seeks copies of disclosable public records in the Department’s possession and notify the requestor of such determination. In unusual circumstances, the 10-day time limit may be extended up to an additional 14 days by written notice to the requestor, setting forth the reason for the time extension (i.e., the request is too voluminous, seeks records held off site, or requires consultation with other agencies). The Department may need to request additional information if the request is not specific enough to permit the identification of the requested records. If the determination by the Department is made to comply with the request, the records will be made available as promptly as is reasonably practicable. While the Department will disclose or otherwise make available identifiable and existing records, the Act does not require the Department to create, synthesize, manufacture, or summarize records: the Act specifically does not obligate the Department to develop new records so as to be able to respond to a request.
Any request may be denied if the records sought are determined to be privileged, confidential or otherwise exempt from disclosure, or are not found in the Department’s files or records. Notification of such a determination will be provided. The Department must justify the withholding of any record by demonstrating that the record is exempt under the Act or that the public interest in nondisclosure outweighs the public interest in disclosure. In most circumstances, when the Department removes or redacts exempt information from the record, it will disclose the remainder of the record.
REQUESTS TO VIEW PUBLIC RECORDS
Public records may be reviewed during regular business hours (generally weekdays from 8:00 a.m. to 5:00 p.m. excluding holidays), at Department offices open to the public. Individuals who are interested in viewing public records are encouraged to make an appointment in advance. Appointments are not mandatory but can help Department staff facilitate the request, and the failure to make an appointment may result in a delay while the records are located and reviewed. Persons wishing to enter secured parts of the Department buildings must comply with the Department’s security protocol, including providing identification.
REQUEST FOR COPIES OF PUBLIC RECORDS
The Department will make copies of records for members of the public upon request. The Act provides that copies of records will be made promptly available upon payment of fees that cover the direct costs of duplication. The Department currently charges $0.30 per page for copying. The direct cost of duplication includes the pro rata expense of the duplicating equipment and the staff required to make a copy of that record. Direct costs of duplication does not include the staff person’s time in researching, retrieving, redacting and mailing the record. When the Department must compile electronic data, extract information from an electronic record, or undertake computer programming to satisfy a request, the Department may require the requestor to bear the full costs, not just the direct cost of duplication.
A public record that is not exempt from disclosure that is in an electronic format will be made available in an electronic format, if requested, but only if it does not jeopardize the security or integrity of the record or any proprietary software. The requestor will be charged the cost of producing an electronic copy of the record. Alternative charges apply for public records that are maintained in other formats, such as audio or video.
HOW TO CHALLENGE THE DEPARTMENT’S DETERMINATION NOT TO DISCLOSE RECORDS
Under the Act any person may seek mandamus, injunctive or declarative relief in any court of competent jurisdiction to enforce the right to inspect or to receive a copy of any public record.
These guidelines are posted in a conspicuous public place at Department offices that are open to the public, are available free of charge to any person who requests them, and are also available on the Department’s website (www.chp.ca.gov).

by Christina Radish
On the FX drama Sons of Anarchy, Emilio Rivera stars as Marcus Alvarez, the Founder of the Mayan Motorcycle Club, and the President of its Oakland Charter. This season, the Mayans and the Sons are getting tighter than ever, running drugs for a Mexican Cartel and having to rely on each other to survive by battling common enemies.
During a recent interview to talk about Season 4 of the popular series, actor Emilio Rivera talked about his surprise with the direction his character is taking, that he hopes his character will get to stay alive for awhile longer, how things will get crazier and crazier throughout the rest of the season, that the show is one of the best things he’s ever done in his life, and that he recently did an episode of The Mentalist and has a number of films coming out. Check out what he had to say after the jump:

 
Question: Because Alvarez started as quite an adversary for the Sons, were you surprised at how much they’re working together now? Were you surprised at the direction the character is taking, and might take in the future?
EMILIO RIVERA: (Show creator) Kurt [Sutter] is a really smart man and he follows what’s going on in the outside world and incorporates it to the Sons of Anarchy world. He keeps it pretty tight. It wasn’t really a far-fetched thing. I was hoping it would happen that way, so I could probably stay alive longer. I hate it when I get in trouble with the Sons because I don’t know if they’re going to put a bullet in my head or what. But, right now, as long as we’re friends, I think I’ll be alive, so I’ll see what happens. I’m happy we’re friends, though. We’re sure stronger as a team, like that.
Will viewers continue to see the friendship between the Mayans and SAMCRO?
RIVERA: I hope so. I really don’t know how they’re going to go with it, but I hope so because, as long as we’re friends, I hope to stay alive longer, unless one of them takes me out. It’s cool because I know that when I’m working with them, as actors, I get to hang out with [Ron] Perlman and Charlie [Hunnam]. It’s really cool.

Are there going to be any more consequences for the Sons or your gang?
RIVERA: Yes, starting from last week and through the rest of the season, it just gets crazier and crazier and crazier for me. I think this is the best season of all and, from here on out, you don’t want to miss nothing. You can’t miss anything because it’s just going to be crazy. It’s a crazy ride.
Will you be getting revenge on who shot you?
RIVERA: I can’t say.

With your history with SAMCRO going back a long way, was Alvarez approached by Clay (Ron Perlman) to kill John Teller?

RIVERA: I can’t say. I can’t say nothing about none of that, when we talk about the show. I love my job too much. I’ll just plead the fifth on that one.
RIVERA: No. I appreciate the work. I eat it up. Give me whatever you want to give me because it just gives me more stuff to do. I get to go to different places in my memory bank, and I dig it. I love it. I’m glad Kurt gave me the opportunity to do some things this year, and we’ll see what happens. I don’t know how the season’s going to end and I’m just hoping I stay alive. I don’t know if I got picked up in the fifth season, so I’m hoping I’m around for the fifth season.
Having done a lot of different projects in your career, what’s it been like to stay with a character and one show for four years now?
RIVERA: I love it. It’s one of the best things I’ve ever done in my life. It’s really great. The fans are great. I ride motorcycles, so I do a lot of events, and the fans give us a lot of love. I’m having a great time, I really am.

How did you prepare for this specific character?
RIVERA: It’s like I go into this little mode. I do it with anything I do, and once I’m in, I stay there until they say, “Cut.” I’m a sociable guy, but when it comes to work, when I’m on set, I just become him. I feel I’m him. He’s not really much of a joker, but I am. I like to kid around, and Alvarez is more like a serious business type guy. And then, when they say, “Cut,” it’s time to go home. I don’t have to say much, then I can have fun again, like I usually like to do. I’ve just played this guy for a long time. He’s easy to get to now because I’ve been doing it for so long, and I’m digging him. For that, I went back somewhere in my life. I don’t want to say where I went, but it was somewhere in my life, where I was this guy. You go to different things in your life. He’s hard, but he’s got a heart.
Is it true that you auditioned for another character before being cast as Alvarez?
RIVERA: No, in the original pilot, I was actually a character named Hawk. I was a Sons guy, but the role because Tig later on, which went to Kim Coates.

How has playing Alvarez changed your personal views?

 RIVERA: As far as the biker world, I really got into it more. I have a lot of respect for the bikers, which I’ve always had. I didn’t really pay attention to them because they’re just always around, but now I really see what they’re about, and they’re really no joke. They’re not going to be taken lightly. I like what they do for the people. Just don’t cross them. Just like anybody, they’re really out there just to have fun, to enjoy themselves, and to share a comradery. They do a lot for the people, but just don’t mess with them, or like in the show, you’ll face the consequences.
Did you learn to ride for the show, or did you already know how to ride?
RIVERA: I’ve been riding for 36 years. I started when I was 14-years-old. I was one of those crazy guys, riding wheelies up and down the streets, all the time. I love riding. It’s in my blood.
What kind of motorcycle do you ride?
RIVERA: I have a few. I have a Deluxe, all choppered out. It’s pretty gangster. Then, I have a Heritage soft tail, made 1940s style. And, I just had a new one built for the show, that’s a Road King. It’s a real pretty bike. I ride five days out of the week. In fact, I take my bike as much as I can, especially with L.A. traffic. You want to get in and out, all the time.
RIVERA: All the time, bro. Before the show started, I hung out with real bikers, anyway. I had a lot of biker friends, and even more so now. Everybody loves the character. They love the show. Everybody’s trying to put in their own ideas of what we should do and what we shouldn’t do, but pretty much everybody loves the show. It’s good, and it’s good that we have the real guys digging the show because then you’re doing something right.
What is the chemistry like between actors, on and off set?
RIVERA: It’s like a brotherhood. On screen, we have to pretend we hate each other, or dislike each other, or don’t want to talk or listen to each other, but off camera, it’s just one big happy family. We hang out off the show and we play cards together and go have dinner together. It’s really a good time. We can talk about some of our own problems that we have as friends, which is nice. We see each other as friends, but also as co-workers. They’ve got stuff to say, even from life experiences, so it’s a little bit of something from everybody. It’s really nice.
Are there any traits that you share with Alvarez, or is there a major difference between the two of you?
RIVERA: He is very serious, and I like to have fun. I joke around a lot. You can’t mess with Alvarez, as you can mess with Emilio. He loves his family. Every time things go down, he’s always saying, “Go take care of my family.” He watches his family, and that’s the way I am with my family. It’s family first, all the time.

Have you learned anything by playing this character, or is there any part of this experience that you’ll take with you, through the rest of your career?
RIVERA: He’s a tough guy, and I’ve played tough guys, pretty much all of my career. He’s a different guy, though. What I like about him is that he’s always in control. You have not seen Alvarez lose control once, if you think about it. Sometimes he wants to, but he holds it in. I love Alvarez. He’ll be with me, for the rest of my life. As long as I ride motorcycles, which God willing is another 50 years, I’ll always have Alvarez in my heart. I’m hoping for 10 seasons of Sons of Anarchy.
Did you always want to be an actor?

RIVERA: Yes, since I was a kid, but then I got side-tracked with gangs and drugs for a long time, so that really put a big hold on me. But, the stuff I learned from the streets, I carry on to what I do nowadays. What you see up there is really real stuff that I draw from, that couldn’t be taught in school, but I learned it in my upbringing, which I don’t approve of. I don’t say, “Go do this and that, to do what I do.” It’s stupid, but that was the way it worked out for me. I get to put it up on the screen now.
Even though you’ve been acting for years, do you still get nervous when you walk onto a new set?
RIVERA: I still get nervous Sons. I hope I never lose that. That’s the whole fun part of it. I did stage for many years before I did the TV and film thing, and to me, that’s my high. When they say that the camera is rolling and my stomach is going and I get into it, then I’m not nervous no more. But, before I go on, I’m always nervous, and I hope I never lose that. That’s my high. I really dig it.
What are some of the things that you had to change about yourself to make your dreams come true?
RIVERA: For me, I have 21 years, clean and sober. I know that, if I was still doing what I did before, I would never do what I’m doing now because I wouldn’t really listen to anybody. I thought nobody could tell me what to do. I was just a hard-headed guy. I got clean and sober, 21 years ago. That, for me, was a big plus, in doing what I do right now.
Do you have any other roles coming up?
RIVERA: I sure do. Actually, I just did an episode of TheMentalist on CBS. And then, I’ve got about seven movies coming out, and I’m working on three right now. It’s been crazy. The show has done so much for me. Some of this stuff was already booked, but it’s good stuff. I’ve got four movies that open next year. I’m not a serious regular on the show, so I’m able to book stuff in between Sons.
What do you think the key is to working so much?
RIVERA: I always try to go in prepared and am nice to everybody. You’ve got to hang out with these people 12-14 hours. And, a lot of times, work just brings you more work, especially in a small circle. I worked with Kurt [Sutter] before on TheShield. If I look back on my resume, a lot of work has been with people like Spike Lee and Steven Soderbergh. It’s all been with the same people, over and over again, or people that they know, so it’s cool.

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OFF THE WIRE
 

Ten Most Notorious Outlaw Biker Gangs.

BY: William J. Felchner
Source: factoidz.com
US - The outlaw biker gang can trace its origins to the period after World War II where returning veterans and other roadies began to organize themselves in clubs, pining for the freedom, action and nonconformity that the motorcycle offered. One of the seminal events in outlaw biker history was "The Hollister Riot," which took place over the July Fourth 1947 holiday weekend in Hollister, California, where some 4,000 motorcycle enthusiasts invaded the small town. The ensuing ruckus was later sensationalized in the July 21, 1947, issue of Life magazine, marking a famous milestone in biker history.
The Hollister Gypsy Tour, as the event was billed, included the Boozefighters, a South Central Los Angeles motorcycle club founded in 1946 by World War II vet William "Wino Willie" Forkner (1921-1997). Forkner reveled in his reputation as a biker hellraiser, and reportedly served as the inspiration for Lee Marvin's Chino character in Columbia Pictures' The Wild One (1953), which also starred Marlon Brando as bad boy Johnny Strabler, leader of the fictional Black Rebels.

Here are ten notorious outlaw biker gangs that rule the road in biker history. These are the so-called "1%ers," the bikers who operate out of the mainstream as compared to the other 99% of motorcyclists who abide by the law and norms of society. Kick start your engines and show your colors…

Hells Angels (1948-present)

Unarguably the best-known outlaw biker gang in history, Hells Angels owes its name to World War II and possibly the 1930 Howard Hughes movie of the same name. During Big Two, there did exist the United States Army Air Forces 303rd Heavy Bombardment Group (H) of the U.S. 8th Air Force which billed itself as Hell's Angels, flying B-17 combat missions out of Molesworth, England, from 1942-45.

Hells Angels was formed in the Fontana/San Bernardino, California, area on March 17, 1948 as an offshoot of the Pissed Off Bastards of Bloomington, a California motorcycle club founded in 1945 by American veterans of the air war. Other independent chapters of Hells Angels later sprouted up in Oakland, Gardena and San Francisco.

Hells Angels eventually spread its wings, with the club now sporting charters in 29 countries, including Canada, Brazil, Australia, New Zealand, the United Kingdom, Portugal, Russia, Greece, Denmark, France, Turkey and the Dominican Republic.The Hells Angels insignia is the infamous "death's head," designed by Frank Sadilek, a former president of the San Francisco chapter.

Both American and Canadian law enforcement have labeled the Hells Angels Motorcycle Club (HAMC) a crime syndicate, asserting that its members routinely engage in drug trafficking, extortion and violence. Hells Angels garnered notoriety at the Altamont Free Concert on December 6, 1969, when they were hired by the Rolling Stones to act as stage security. Mayhem ensued at the drug/alcohol fueled event that boasted of a crowd of 300,000, with four people losing their lives.

Mongols (1969-present)

The Mongols was founded on December 5, 1969 in Montebello, California, by Hispanic veterans of the Vietnam War. Reportedly denied membership in Hells Angels because of their race, the Mongols eventually branched out, currently boasting of chapters in 14 states and four foreign countries.

Law enforcement has classified the Mongols as a criminal enterprise, engaging in loan sharking, drug trafficking, racketeering, theft and murder for hire. ATF agent William Queen, using the alias Billy St. John, successfully infiltrated the Mongols in 1998, resulting in 53 Mongol convictions.

The Mongols and their hated rivals Hells Angels engaged in an infamous brawl and gunfight at Harrah's Casino in Laughlin, Nevada, in 2002. When the smoke had cleared, one Mongol and two Hells Angels lay dead on the casino floor.

Pagans (1959-present)

Lou Dobkins, a biochemist at the National Institute of Health, founded the Pagans in Prince George's County, Maryland, in 1959. By the late 1960s, the Pagans were the dominant biker club on the East Coast, riding British Triumph motorcycles (later traded in for Harley Davidsons) and sporting their distinctive patch depicting the Norse fire god Sutr wielding a flaming sword.

The Pagans currently operate in eleven states, with Delaware County, Pennsylvania, serving as their Mother chapter. American law enforcement has classified the Pagans as a criminal enterprise, engaging in a host of illegal activities, including gun running, drug trafficking, arson, methamphetamine production and distribution, prostitution, racketeering and murder for hire.

In 2002, the Pagans and Hells Angels clashed at the Hellraiser Ball in Long Island, New York, where ten people were wounded and one Pagan was allegedly shot and killed by a Hells Angels member. Three years later, the Vice President of the Hells Angels Philadelphia chapter was killed by gunfire while driving his truck on the Schuylkill Expressway, with the Pagans allegedly carrying out the hit.

Outlaws (1935-present)

The Outlaws can trace their history back to 1935 when the McCook Outlaws Motorcycle Club was formed out of Matilda's Bar on old Route 66 in McCook, Illinois. In the ensuing years, the club morphed into the McCook Outlaws, the Chicago Outlaws and the American Outlaws Association (A.O.A.). Their first out of state chapter came in Florida in 1967. In 1977, the Canadian biker gang Satan's Choice joined the Outlaws franchise, making it the first chapter outside of the United States. Today, the Outlaws are active in some 14 states, with international chapters in the United Kingdom, Australia, France, Germany, Sweden, Thailand, Norway, Poland, the Philippines, et al.

The Outlaws sport a distinctive patch comprised of a skull and crossed pistons. Their official motto, adopted in 1969, is "God forgives, Outlaws don't."

Law enforcement has categorized the Outlaws as an organized crime syndicate, engaging in drug trafficking, murder, extortion and prostitution. The Outlaws have had their run-ins with police and other biker gangs. In 2007, Outlaws member Frank Rego Vital was shot and killed outside the Crazy Horse Saloon in Forest Park, Georgia, by two Renegades motorcycle club members who had reportedly acted in self-defense.

Bandidos (1966-present)

The Bandidos was founded by Marine Corps and Vietnam War veteran Don Chambers in San Leon, Texas, in 1966. The club's official motto is "We are the people our parents warned us about," with a big Mexican in sombrero brandishing a machete and pistol adorning the club's distinctive patch. The Bandidos currently boast of 104 chapters in the United States, along with international chapters in Germany, Australia, Denmark, France, Italy, Spain, Sweden, Norway, Malaysia, Indonesia, Thailand, Singapore, Costa Rica, Belgium and the Channel Islands.

Law enforcement has classified the Bandidos as an organized crime syndicate, engaging in murder, drug trafficking, money laundering, extortion, gun running and witness tampering. From 1994 to 1997 the so-called "Great Nordic Biker War" was waged in Scandinavia pitting Bandidos versus Hells Angels in a bloody turf war that resulted in eleven murders. Vagos (1965-present)

Originally called the Psychos, Vagos was formed in Temescal Valley, California, in 1965. The club's distinctive green/red patch pictures the Norse god Loki straddling a motorcycle. Vagos currently operates mainly in the southwestern United States and northern Mexico.

Both the FBI and the ATF consider Vagos an outlaw biker gang, engaging in drug trafficking, gun running, auto theft, money laundering and murder. In 2002, however, Vagos members turned in the estranged wife of a Pomona, California, police detective who had attempted to hire a Vagos hit man to murder her husband.

Law enforcement has successfully conducted several undercover investigations of Vagos and their illegal activities. In 2004, authorities arrested 26 Vagos members/associates and seized $125,000 in cash, drugs and weapons.

Pennsylvania Warlocks (1967-present)/Florida Warlocks (1967-present)

The Pennsylvania Warlocks was founded in Philadelphia in February 1967. The club's distinctive patch features the Harpy, the legendary winged beast from Greek mythology. The Pennsylvania Warlocks boast of chapters in New Jersey, Ohio, Illinois, Florida, Minnesota and Massachusetts. The Pennsylvania Warlocks have been linked to organized crime and methamphetamine production and distribution.

The Florida Warlocks was founded by U.S. Navy veteran Tom "Grub" Freeland in Orlando, Florida, in 1967. The club's logo is a blazing eagle while their official motto is "To find us you must be good. To catch us…you must be fast. To beat us…you must be kidding!" The Florida Warlocks have chapters in South Carolina, Virginia, West Virginia, New York, the United Kingdom and Germany. The Florida Warlocks were successfully infiltrated by the ATF in 1991 and again in 2003, with convictions for drug and weapon charges resulting from the latter.

Sons of Silence (1966-present)

The Sons of Silence was founded in Niwot, Colorado, in 1966. The club sports a distinctive patch featuring the American Eagle superimposed over a large "A" – highly reminiscent of the Anheuser-Busch logo. The gang's official motto is "Donec mors non separat" – Latin for "Until death separates us."

The Sons of Silence boast of chapters in Illinois, Wyoming, Arkansas, Florida, Indiana, Kansas, Minnesota, Kentucky, North Dakota, Mississippi and Germany. The Sons of Silence have been implicated in drug trafficking and weapons violations.

Highwaymen (1954-present)

The Highwaymen was established in Detroit, Michigan, in 1954. The club's distinctive patch features a winged skeleton sporting a leather jacket, motorcycle cap and the black and silver colors. "Highwaymen forever, forever Highwaymen" serves as the gang's official motto.

The Highwaymen currently have chapters in Michigan, Tennessee, Florida, Kentucky, Ohio, Indiana and Norway. The Highwaymen Motorcycle Club has been the subject of intense law enforcement scrutiny through the years. In 2007, the FBI arrested 40 Detroit Highwaymen members/associates on a variety of charges, including drug trafficking, theft, racketeering, insurance fraud, police corruption and murder for hire.

Gypsy Joker (1956-present)

The Gypsy Joker was founded in San Francisco, California, on April 1, 1956. The club's official patch features a grinning skull. Forced out of San Francisco by Hells Angels, the Gypsy Joker headed north to Oregon and Washington state in the late 1960s.

The Gypsy Joker has some 35 chapters worldwide, including active clubs in Australia, Germany, South Africa and Norway. The club is especially high profile in Australia, where in 2009 five Gypsy Jokers engaged in a drug-related shootout with a rival "bikie" gang (as they are called Down Under) in Perth.

Ten More Notorious Outlaw Biker Gangs

Here are ten more infamous biker gangs, along with where established and years active.

•Free Souls (Eugene, Oregon, 1968-present) •The Breed (Asbury Park, New Jersey, 1965-present) •Rebels (Brisbane, Australia, 1969-present) •Grim Reapers (Calgary, Canada, 1967-1997) •Iron Horsemen (Cincinnati, Ohio, mid-1960s-present) •The Finks (Adelaide, Australia, 1969-present) •Brother Speed (Boise, Idaho, 1969-present) •Devils Diciples (Fontana, California, 1967-present) •Solo Angeles (Tijuana, Mexico, 1959-present) •Diablos (San Bernardino, California, 1964-present) About William J. Felchner William J. Felchner's many feature articles have appeared in such periodicals as True West, Hot Rod, Movie Collector's World, Sports Collectors Digest, Persimmon Hill, Big Reel, Corvette Quarterly, Old West, Antiques & Auction News, Storyboard, Goldmine, Autograph Collector, Warman's Today's Collector, The Paper & Advertising Collectors'
Frontier Times, Television History, Illinois and Military Trader.

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Acknowledgements

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This book is for you if ...

• Anti-war or environmental activists
• Recreational drug users
• Participants in the underground economy or anybody who does business in cash
• Critics of local or national powers-that-be
• Anyone whose profession involves "sensitive" information or activities
• Gun owners or dealers
• Third-party or "fringe" political activists
• Hobbyists who work with dangerous materials
• Photographers/videographers
• Religious dissidents
• People with offshore or unconventional investments (including perfectly legitimate ones)

This book is NOT for you if ...

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What exactly is a snitch?

The infiltrator/agent provocateur. This is someone (often a professional) who is inserted into a group for an active purpose, such as disrupting the group, or worst, talking formerly innocent (or at least formerly non-violent) people into committing crimes in order to bust them. Agents provocateurs may, among other things, try to turn non-violent protest into violent action, thus discrediting movements, giving excuses for crackdowns, and giving more publicity and power to government agencies.

The informer/informant. This snitch is often a legitimate member of a group or social circle who continues to be active while giving information to the police. This person may be acting under duress (to save his own skin after being arrested, for instance). This person may be hoping the cops will pay with money, drugs, or ongoing criminal immunity for her dubious "services." While this person isn't necessarily a professional agent provocateur, he may nevertheless try to talk friends into committing crimes so he can get more credibility or rewards from his police handlers.

---

What makes snitches so dangerous?

---

PART ONE

Recognizing and Avoiding Snitches

---

FIRST RULE:

Learn and practice
good security consciousness

• Don't talk about secret or illegal activities outside your group.
• Within your group, talk about them only to people who have a need to know.
• Keep groups small. Maybe even as small as a "cell of one."
Attorney safety tip:
A lawyer who consulted on this book says:
"When dealing with police, prosecutors or their agents, do NOT base your theory-of-the-game on TV, movies, or other sources. Or on constitutional theory you may have learned in school. The other side is playing for keeps and to them rules are irrelevant inconveniences. Ask Bradley Manning."
• If you use email, encrypt it. Not only that, but encrypt all email you possibly can, not just email containing sensitive material. Encrypt your cute cat jokes and your discussions of last night's favorite TV show (that way you don't call special attention to your most confidential exchanges).
• Do not post sensitive material on social media (a no-brainer, but apparently some still do it).
• Do not post sensitive material on social media even when your privacy settings allow only "friends" to see it. A 2012 court ruling said it's perfectly okay for those "friends" to turn around and show your allegedly private info to government agents.
• Do not talk to cops or indeed any government agents — about anything. Ever. The most innocent remarks can be used against you. The "nicest" cop is still not your friend. (We'll have more on this in Part Three and in the appendixes. This is extremely important!)
• Know the laws, potential sentences, and likely prosecutorial practices against any crimes you're committing. Do not be caught unprepared.
Tip from experience:
This comes from a friend of mine who spent "the worst two weeks" of his life in jail, courtesy of a snitch: "Don't hang with people who are dishonest or lie, even in small, unimportant things. They have no honor to lose and everything they say and do is based on profit or benefit to them."
• If you're a political activist, keep your nose clean in other ways. For instance, if you're an anti-drug-war activist, don't sell drugs on the side. Don't make yourself an easy target for spurious (or worse, real) criminal charges.
• Unless you actually want to be arrested to become a test case (a dangerous but sometimes useful tactic), then do everything you can to avoid giving anyone ammunition to tarnish you or your cause.
• Do your best to make sure your associates also follow good security practices.
• Get yourself away from associates who are blabbermouths, boasters, loose-lipped drunks, or "friends" who insist on posting their (and your) every activity on the Internet.
• We repeat: GET YOURSELVES AWAY from anybody who can't keep his mouth shut!

---

Recognizing a snitch

• A stranger or casual acquaintance tries to get you to do or advise on illegal activities.
• A friend suddenly starts pushing you to do or advise on illegal things.
• A person joins your group and statements he/she makes about his/her background just don't add up.
• A person joins your group and starts stirring up trouble and creating divisions.
• A person joins your group and is overly eager to be useful, to pay for the group's activities, to initiate activities, supply equipment, to escalate dangerous activities, etc.
• Someone goes out of his way to gain your trust, to be really buddy-buddy with you. Then, when you resist getting into dubious activities, he drops all interest in you (he's looking for an easier mark).
Advice from the underground
This ultra-basic piece of advice goes back at least to the agitators of the 1960s. Yet people still get entrapped by ignoring it: "You can always tell the FBI agent. He's the one who's trying to get you to bomb something."
• You're asked to do illegal or dubious business with a "friend of a friend." This is a big one. It's amazing how many "friends of friends" (where controversial activities are involved) are actually undercover cops.
• Someone asks you to do something illegal or dangerous that he could just as easily do himself or have done elsewhere.
• Someone starts agitating to have your group do something outside the group's purposes. ("Hey, we just run a little of this 'stuff' across the border and it'll make us a lot of money that we can use to do good.")
• An older, "more experienced" person joins your group or circle and soon becomes a counselor of sorts to the youngest, most edgy, most insecure, most angry, or most naive members. He "cuts them out of the herd" in order to pull them into illegal plots. (This is a classic tactic of the agent provocateur.)
• Anyone in your group starts agitating for violent action. People who agitate for illegal activities may be snitches; or they may be genuine fools who will attract snitches.

---

What makes snitches so persuasive?

• Snitches play on your trust and/or your desire to go along with others.
• They may appeal to your loyalty or your fear or some other emotion ("You won't do it? Wow, and here I thought you were one of us." "C'mon, if you had any guts you'd do this." "How are we ever going to change things if we don't take radical action?")
• They may literally "cut from the herd" the most naive, trusting, foolish, or discontent of your associates, isolate them, and psychologically manipulate them into committing crimes.
• They may pretend to be your friend. — especially a friend in need. ("I know you don't usually deal, but couldn't you just sell me a little from your stash?" "Look, just help me get this money out of the country; it's no big deal." "Hey, I know you have a machine shop in your garage; how about helping me cut down the barrel on this shotgun? I'll pay you.")
• They may actually be your friend — but a friend who has gotten into legal trouble and has turned to snitching to save themselves from a long prison sentence. (Same sorts of urgings as in the last bullet point, but this time coming from somebody for whom that wouldn't be characteristic behavior.)
• They may make it easy to commit crimes by not only pushing the idea, but actually supplying the funding, the equipment, the transportation, and the planning for the crime. They may come across as natural leaders ("Trust me, I know how to do this!")
• They may make hyper-strong appeals to your cause — then use the leverage they gain to make equally strong appeals for committing crimes.
• They often play upon a normal human desire to want to DO something - which is likely why, if you're a political person, you're a member of the group in the first place.
• And finally — let's never forget — some snitches play on that most basic instinct of all — S.E.X. Spy agencies have known this as long as there have been spy agencies. The KGB used to call it "the sparrow trick"; get a red-blooded heterosexual male up close with an attentive, manipulative female and said male will eventually whisper all manner of secrets into her ear. These days, it probably works the other way around, too. And no doubt homosexual attraction can blind eyes and loosen lips just as effectively.

---

"Mere" snitching vs active entrapment

---

Dangerous myths about
snitches and undercover agents

---

What to do if you believe a
snitch is personally targeting you

• Again, get away from the person
• Do not try to outsmart the person
• Do not feed the person false information (because if that person is an undercover agent this could be a crime in and of itself)
• Do not commit violence against the person
• Just get away — even if it means leaving a group
• If you think you've already said or done something compromising with this person, see a good lawyer and read the section of this booklet on how to conduct yourself if you get arrested.
• Another tip from this book's helpful attorney: "Consider making your OWN complaint to the authorities about this 'nutball' [the person you suspect of being a snitch]. This a) puts you on the record as NOT being in bed with the snitch, b) alerts the snitch and his handlers that you're aware of him and are thus less likely to be an 'easy target,' c) creates an appearance that you're not one of the bad guys - since you're not hiding anything, and d) maybe - with a little luck - the snitch ends up in jail himself for some time. I would not consider this 'do not try to outsmart' described above (which I agree with)." Of course, if he turns out not to be a snitch, you may have harmed an innocent person by calling the cops on him. It's a risk. But if the person really is an agent of the government, this can be a pretty good act of self-protection. Oh, and one of my friends who speaks from experience, points out that if you're going to report a snitch to the cops, it's best to do it through a lawyer. Otherwise you're talking to cops, which is a no-no.

---

PART TWO

A Snitch Uncovered

---

If you believe there's
a snitch in your group

• Document your suspicions.
• If possible, conduct some careful, subtle investigation to see if your suspected snitch's background and life matches her claims. Does she really live where she says? Has she been seen with police? Do her statements about her education or her friends hold up? If not, you may not have a snitch, but you have an untrustworthy person, for sure.
• Share your specific reasons for suspicion with people in the group that you trust. Yes, we know that snitches destroy trust, so be very careful when choosing one or two others to confide in.
• If you can do so without violating your state's law, quietly begin video or audiotaping all interactions with the suspected person. If state wiretapping laws forbid recording without the consent of all parties, then at least consider openly recording meetings to counteract any lies the snitch may tell his handlers.
• Start a 'Facts, Acts, and Circumstantial file.' After each incident write details down. Facts are the time, date, occasion, incident, characteristics of the person(s). Acts are what they did. Circumstantial is the impressions and anything odd about the situation. Use the FAC file and keep notes from unsettling situations and see if a pattern emerges. (Note: This item also appears in Appendix 2, where you will find details on how to do this, along with many other commonsense OpSec tips.)
• Do not make open accusations unless you have proof positive of snitchery or copness (as when New York Libertarian Party activists (see below) spotted a former "suspicious" member in the New York Times, helping the FBI with an arrest).
• Discuss with your most trusted associates what to do.
Here's one way to spot a snitch!
Online commenter BusyPoorDad writes:
Years ago, when the New York Libertarian Party was starting up, a new member joined and became active. He said he was from a low-income neighborhood, worked a manual labor job, and did not know much about politics. He looked the part but things just did not add up.
He knew how to set a table for a formal dinner, used the Robert's Rules very well, and fit in very well with the highly educated members. After about four months of working with us, he just stopped coming. This sort of thing happened a lot but there were no signs of discontent. He was always willing to do everything he was asked to help do (petition, run Nolan chart tables, etc.).
About a year later he was spotted in the NY Times holding on to someone arrested by the FBI for something.
His background just did not fit with him. We never saw him reading books, he talked about watching TV and working at a warehouse, but he was able to be cultured, had a good vocabulary, and really wanted to be part of everything.
• Just as your first individual move is to keep away from the suspect individual, the best group action may be to simply shut the person out. Stop talking with them. Stop inviting them to meetings. Stop asking them to be involved in projects. Freeze them out of all activities and discussions.
• In a serious case, you may end up having to shut down the entire group to foil a snitch or agent provocateur. If so, have a plausible excuse if you can.
• Always, always make sure that you and the other "on the up and up" members of your group remain on record as NOT advocating illegal, and in particular violently illegal, activities. Got a blog, a Twitter account, a Facebook page? Make your opposition to certain activities clear and public.
• Furthermore, make sure you stay on record as NOT advocating things that the snitch wants. Do not line up behind, or even pretend to agree with, that person's policy recommendations, strategies, or tactics. Remember, you may well be being recorded. You do not even want to appear to superficially agree with things an undercover operative is trying to talk you into.
• Again, finally, you may have to recognize that you can neither help nor save those who do not wish to be helped or saved. It may be that your final act has to be turning your files over to some other trusted member of the group and leaving. You always have a chance of finding another group. You're not going to have a chance to find another you.

---

HISTORICAL ways of dealing
with known snitches

• The IRA used to shoot betrayers in the kneecaps. It wouldn't kill them, but everyone who saw a former activist lurching down the street on destroyed knees knew what he was.
• The Mafia would famously send stool pigeons to "sleep with the fishes."
• Resistance groups, particularly during wartime, have been known to leave the bodies of betrayers in public squares with messages pinned to them — or even carved in them. While still saying it's a bad idea, it did have the effect of discouraging the general populace from working with the enemy. Today snitches and betrayers often see benefits and face nowhere near enough drawbacks for their dirty work.
• In the 1980s and 1990s, the African National Congress punished perceived collaborators with the monstrous method called "necklacing." They'd shove a gasoline-filled tire over a miscreant's neck and arms and kill the person by setting the tire alight.
• After World War II, many women who had slept with or otherwise collaborated with Nazis were humiliated by having their hair hacked off while mobs screamed, "Nazi whore!" This might not sound like much compared with beastly punishments like necklacing. But public humiliation, shunning, and the attack on their femininity was hugely degrading and psychologically damaging.

---

How do YOU treat an exposed snitch?

---

Repairing the damage snitches do

---

Beware of accusing someone
who might not be a snitch

---

PART THREE

WHAT HAPPENS IF YOU GET BUSTED?

---

You may be pressured to become a snitch

---

Do NOT talk to cops. Period.

• No, you may not search my vehicle.
• No, you may not enter my home.
• I do not consent to any search.
• Am I free to go?
• On the advice of my lawyer, I cannot talk to you.
• I will not talk without my lawyer present.

---

The police officer is NOT your friend

---

The Prisoner's Dilemma

---

Mindset: The common territory
between snitches and victims

• Overly naive and trusting
• Unprepared for bad things happening to them
• Cocky and overly confident
• Loudmouthed or prone to blat information without thinking
• Prone to believe that "nice" cops really do want to "help" them (yes, it's another form of being overly naive and trusting, but it bears repeating because if you get caught because you trusted a rat you're more likely to turn around and trust that rat's handlers)
• Very good at rationalizing their own less-than-stellar behavior
• (Or conversely) So idealistic and starry-eyed that reality, when it hits, knocks them for a loop.

---

What happens if you refuse to snitch?

---

What happens if you become
a snitch — and regret it?

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What happens to you if you
snitch and your friends find out?

---

The rest of your life if you do snitch

---

Appendix 1

The Reid Interrogation Technique^TM

By "Just Waiting"

Repeat the question before answering? That answer is a lie.

Little or no direct eye contact? You're evasive.

Too much direct eye contact? You're cocky and/or confrontational.

Change from "is" to "was" or "a" to "the"? You're changing your story to hide something.

Sit up straight, slouch, fold your arms in your lap, fold them across your chest? You're scared, you're cocky, you're defensive. Every movement, posture and expression has a meaning to LE.

---

Appendix 2

Some Commonsense OpSec

Addendum on note-taking (Facts, Acts, and Circumstantial)

---

Appendix 3

Line up a lawyer

How to hire the right lawyer

---

Appendix 4

Other helpful resources

Dealing with snitches

How cops deal with snitches

Online advice on dealing with police

An online guide to interrogation techniques

Books

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OFF THE WIRE
 http://www.laweekly.com/2012-06-21/news/license-plate-recognition-tracks-los-angeles/

 The Long Beach Police Department press release in August 2010 was
tellingly brief — just 121 words. Franklin Robles, 33, had been shot
to death on his way to buy a used Cadillac, a possible robbery attempt
turned bloody.


 There was no suspect, no eyewitness. Investigators had little to go
on — or so it appeared. What Long Beach detectives didn't know the day
of the murder was that the alleged getaway car had already been under
police surveillance — before Robles' murder was even contemplated.

Using a vast and automatic electronic tracking system that is all but
unknown to the California public, on the day of Robles' murder, police
in Los Angeles County cities had made a detailed record of the alleged
getaway vehicle's movements.

The information came complete with GPS coordinates — even photographs.

In a situation evoking the hit movie Minority Report, the suspects
were being watched even before they were considered suspects.

L.A. Weekly has learned that more than two dozen law enforcement
agencies in Los Angeles County are using hundreds of these "automatic
license plate recognition" devices (LPRs) — units about the size of a
paperback book, usually mounted atop police cruisers — to devour data
on every car that catches their electronic eye.

The L.A. County Sheriff's Department and the Los Angeles Police
Department are two of the biggest gatherers of automatic license plate
recognition information. Local police agencies have logged more than
160 million data points — a massive database of the movements of
millions of drivers in Southern California.

Each data point represents a car and its exact whereabouts at a given
time. Police have already conducted, on average, some 22 scans for
every one of the 7,014,131 vehicles registered in L.A. County. Because
it's random, some cars are scanned numerous times, others never.

Police acknowledge to the Weekly that the data have become so integral
to their work, they almost take them for granted.

"The big joke is it's kind of like the radio," says Lt. Chris Morgan
of the Long Beach Police Department. "When we first got radios in the
cars, it was a really big deal. Now it's routine."

Documents obtained by the Weekly through the California Public Records
Act, and interviews with officials at LAPD, LBPD and the Sheriff's
Department, describe one of the most densely concentrated license
plate recognition systems in the United States — soon to be linked up
to a similar system in San Diego.

But privacy-rights advocates, including the Electronic Frontier
Foundation and the American Civil Liberties Union of Southern
California, are worried.

Peter Bibring, an attorney with the ACLU, says, "There's nothing wrong
with LPR installed in cars, checking license plates against stolen
vehicles or warrant issues."

Still, it doesn't require a tin-foil hat to imagine ways in which it
could be misused. Bibring says that by retaining a history of innocent
people's travels — under Chief Charlie Beck, for example, LAPD hangs
onto millions of pieces of data for five years — "law enforcement can
create a clear picture of the movements of law-abiding citizens."

Lee Tien, a staff attorney with the Electronic Frontier Foundation,
says the sheer scale of the data collected changes the principles
involved.

"When you look at how this will change the way people relate to the
police, it's a big shift," Tien says.

In 2005, just a few police cars in Southern California boasted these
futuristic devices, which were used mostly to spot stolen cars.
Without fanfare or public debate, their uses have gone far past that
simple beginning.

The units continuously scan and photograph every license plate within
view, logging the time and location of each. License plates are
checked against a "hot list" of wanted vehicles and, if there's a
match, officers do their thing.

Otherwise, the location and photo information is uploaded to a central
database, then retained for years — in case it's needed for a
subsequent investigation. LPR devices are even mounted covertly on
unmarked vehicles, such as a Nissan that Sheriff Lee Baca's officials
say they use mostly in terrorism investigations.

In Roman Polanski's film The Ghost Writer, Ewan McGregor's character
uses GPS memory in a car he borrows to deftly backtrack to the
vehicle's previous locations, right to the doorstep of a scheming CIA
mole. Using license plate recognition in Los Angeles, if a police
investigator wants to see where a car has been in the past, he punches
in the plate number. If it's been scanned, a map will show where and
when. Or plug in an address and get a list of every car captured by
any LPR device in that area.

Investigators need neither a warrant nor probable cause to do this.
Yet the overwhelming majority of these cars, and their drivers, are
not connected with any crime.

Some agencies in L.A. County are clamoring for more of the pricey devices.

LAPD patrol units have about 120 of them, the Sheriff's Department has
77 devices and another 200 in procurement, and Long Beach plans to
triple its numbers, from 15 units to 45.

At $15,000 to $25,000 a pop, that's $1.8 million in costs to LAPD,
$4.1 million for the Sheriff's Department, and $675,000 for LBPD,
counting units now being ordered.

Detectives are cooperating across police boundaries, accessing license
plate scans taken by the other jurisdictions. The Back Office Server
System, or BOSS data-sharing network, has made L.A. County's one of
the most interconnected LPR systems in the country.

The Robles case illustrates how the interconnectedness works:

 Months after Robles was killed, detectives tapped into BOSS and
discovered that license plate scans of the suspected getaway car had
been recorded in Compton on the same day Franklin Robles was murdered.
Investigators canvassed Compton for witnesses and, police say,
eventually solved the crime.

Today, five suspects are under arrest and awaiting preliminary
hearings: Shawn Verrette, Frank Ervin and Luis Orozco have been
charged with murder; two others, Rosa Orozco and Nancy Acevedo, have
been charged as accessories.

Morgan, who manages the license plate recognition program for LBPD,
says the "back-office" analysis of shared data is already a fixture of
basic police work. LAPD Sgt. Dan Gomez agrees, saying, "It's been used
in homicides, it's been used in robberies, it's been used in serial
rape investigations, counterterrorism cases."

Department of Homeland Security grant documents, obtained by the
Weekly through the Freedom of Information Act, suggest that in
addition to the hundreds of LPR devices now atop police vehicles,
about 60 are hidden along strategic roadways near potential terrorist
targets such as LAX and the Port of Long Beach.

In 2005, when LPR made its debut here, police agencies generally threw
out all of the unneeded information that wasn't tied to a stolen or
otherwise wanted vehicle.

Now there's a lot of cheap digital storage space, so LAPD holds all of
its data for five years, Long Beach for two, the Sheriff's Department
for two.

But Sgt. John Gaw, with the Sheriff's Department, says, "I'd keep it
indefinitely if I could."

ACLU's Bibring calls these long retention times "exceedingly
troubling," and state Sen. Joe Simitian has introduced legislation
setting a 60-day retention limit, which copies the California Highway
Patrol.

Police officials are quick to note that the information being gathered
isn't private. License plates are owned by the DMV and routinely
recorded by police — that's one of the main reasons they exist.

"It's not Big Brother," Gaw says. "It's doing what a deputy normally
does in his routine duties."

Because automatic license plate recognition photos don't typically
show the driver's face, LAPD's Gomez argues, "Nothing about the system
tracks people — it looks at vehicles. Any other details, gender, race,
identity — it can't see."

In cases like U.S. v. Wilcox, federal courts usually have agreed with
police. No human officer needs probable cause or even any suspicion to
record your plate; law enforcement lawyers argue that using LPR just
automates the process.

Police say they're sensitive to privacy concerns, but contend that
slapping on a 60-day archiving restriction would make LPR largely
useless for anything other than "hot list"–type patrolling. Among
other things, keeping LPR data could provide breaks in cold cases.

"We get that it [privacy] is a huge issue," Morgan says. "We get it,
and we're doing our best to balance our need to know and people's
privacy."

Privacy advocates say courts may re-evaluate their stance when it
comes to LPR. Tien, the senior staff attorney with the Electronic
Frontier Foundation, says the U.S. Supreme Court's recent ruling on
GPS devices could come into play.

The court determined that police must get a warrant to install GPS on
a suspect's car. The ruling was "narrow," Tien says, and offered
little guidance on technologies such as LPR.

Tien says that if the use of automatic license plate recognition
becomes so widespread that police are effectively recording every
movement a vehicle makes, which could be tantamount to tracking people
with a GPS unit, sans warrant.

"Actually," Tien says, "this is better. They don't have to go to the
trouble of installing a device."

Reach the writer at 2joncampbell@gmail.com.

OFF THE WIRE
 Susanne Posel
Occupy Corporatism
You are being watched!!!
 Find out how police departments use surveillance endeavors on Americans by recording license plate numbers as drivers pass by to strengthen their information databases without foreknowledge by the public. Police Using License Plate Reader Surveillance to All Track Drivers
Share This Article: http://www.occupycorporatism.com/police-using-license-plate-reader-surveillance-to-all-track-drivers/
The American Civil Liberties Union (ACLU) has documented how police departments use surveillance endeavors on Americans by recording license plate numbers as drivers pass by to strengthen their information databases without foreknowledge by the public.
Over 26,000 pages were gathered through researching public records and the Freedom of Information Act (FIOA) to conclude that nearly 600 local and state police departments in 38 states across America, including the District of Columbia, are participating in this scheme.
Millions of digital records have been amassed using this system that gives enforcement agencies the ability to locate any car at any time. The scanners are able to “capture images of passing or parked vehicles and note their location, uploading that information into police databases. Departments keep the records for weeks or years, sometimes indefinitely.”
Using automatic license plate readers (ALPR) surveillance technology, there is a clear and “startling picture of a technology deployed with too few rules that is becoming a tool for mass routine location tracking and surveillance.”
The ACLU relayed in a statement that “the documents paint a startling picture of a technology deployed with too few rules that is becoming a tool for mass routine location tracking and surveillance.”
More disturbing is that “private companies are also using license plate readers and sharing the information they collect with police with little or no oversight or privacy protections. A lack of regulation means that policies governing how long our location data is kept vary widely.”
High-speed cameras are used in conjunction with software to analyze photographs wherein license plate numbers are retrieved. The data is compared to “hot lists” of plate numbers and produces an instant alert when a match, or “hit,” registers.
The ACLU explains: “License plate readers would pose few civil liberties risks if they only checked plates against hot lists and these hot lists were implemented soundly. But these systems are configured to store the photograph, the license plate number, and the date, time, and location where all vehicles are seen — not just the data of vehicles that generate hits.”
Effectively, hot list information is gathered from the National Crime Information Center (NCIC).
The ACLU admonished that this practice violates our 4th Amendment rights because “systems are configured to store the photograph, the license plate number, and the date, time, and location where all vehicles are seen — not just the data of vehicles that generate hits.”
This enables the enforcement industry to create “s police to create “a single, high-resolution image of our lives.”
Catherine Crump, chief author of the ACLU report said: “At first, we didn’t think it posed much of a privacy problem.”
Upon examination of the documents, the ACLU was able to reveal “a system that triggered a real-time alert to the presence of a stolen vehicle, or a car linked to a fugitive, and that seemed acceptable. But then the group realized police were storing the license plate scans — whether or not there had been a ‘hit’.”
The Portland City police department (PCPD) has joined with those agencies that are tracking drivers and recording license plates.
The PCPD has 16 cameras attached to their cars that are armed to work with the surveillance software and database network.
Sargent Pete Simpson of the Portland Police Bureau explained that the PCPD has “scanners on patrol cars for several years. He said police use the scanners to alert officers if a car is stolen or if the owner of the car has a warrant for their arrest.”
The PCPD retains “the data for a minimum of 30 days and a maximum of 40 years. The data is also only accessible by police.”
According to the ACLU report: “The documents show that many police departments are storing for long periods of time huge numbers of records on scanned plates that do not return ‘hits.’ For example, police in Jersey City, N.J., recorded 2.1 million plate reads last year. As of August 2012, Grapevine, Texas, had 2 million plate reads stored and Milpitas, Calif., had 4.7 million.”




VIDEO 
 ACLU challenges police on license plate scanners 
 http://youtu.be/HgNik2UaZ78

OFF THE WIRE

What are my rights at various “checkpoints”?

29 points on reddit

There are four general types of checkpoints you might encounter: DUI checkpoints, US border checkpoints, drug checkpoints, and TSA checkpoints. In a legal sense, they are not all created equal. So depending on which one you encounter, you’ll want to be … Continued

General Questions

When can police use drug dogs?

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In Illinois v. Caballes, the Supreme Court ruled that police do not need reasonable suspicion to use drug dogs to sniff a vehicle during a legitimate traffic stop. This decision stems from the case of Roy Caballes, who was pulled … Continued

General Questions

What if police say they smell marijuana?

2 points on reddit

If police say they smell marijuana, you’re in a tough situation. Courts have ruled that the odor of contraband gives officers probable cause to perform a search. For this reason, police are quick to claim that they smell something and sometimes they might even lie about it. … Continued

Traffic Stop

What are the rights of passengers during a traffic stop?

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Traffic stops typically occur as a result of suspected moving violations committed by the driver of the vehicle. Passengers cannot be held responsible for the driver’s conduct and are generally free to leave, unless police become suspicious of them during the course of the stop. … Continued

Traffic Stop

When can police search your car?

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OFF THE WIRE

agingrebel.com
Privacy is dead in the new and improved America. The New York Times thinks this is news.
A reporter named Eric Lichtblau ran a feature in the premier national newspaper Sunday that led with the recently disclosed fact that American police made “a startling 1.3 million demands for subscriber information last year…seeking text messages, caller locations and other information in the course of investigations.” You can read Lichtblau’s report here.
The statistics about cell phone surveillance in the Times piece were gathered by Representative Edward J. Markey, a traditional Democrat from Massachusetts who is one of the co-chairmen of the Bipartisan Congressional Privacy Caucus. Markey told the Times he was shocked by what he learned. “I never expected it (the extent of the surveillance) to be this massive,” he said.
Markey also told the Times that he was alarmed about the possibility that “digital dragnets” might compromise the privacy of Americans. “There’s a real danger we’ve already crossed the line,” Markey said.
Duh-uh.

Statistics
For cell phones only, AT&T gets 700 requests a day for phone data from American police. Two-hundred-thirty of those requests are “exigent” and do not require the snooping policeman to get either a court order or a subpoena. Sprint gets 1,500 police requests for data each day. Cricket, a wireless carrier most people have never heard of got “42,500 law enforcement requests last year.”
Markey asked for the cell phone data of nine American companies: AT&T, C Spire, Cricket Communications, MetroPCS, Sprint, T-Mobile, TracFone, U.S. Cellular and Verizon. The data requested included text messages and locations. The number of phones affected is probably much greater than 1.3 million for two reasons. First the police demands are so frequent and routine that cell phone companies can not adequately account for all the requests they get. Additionally, each request may intrude on many callers as when police request all the information relayed through a cell phone tower.
The Times reported: “As cell surveillance increased, warrants for wiretapping by federal and local officials – eavesdropping on conversations – declined 14 percent last year to 2,732, according to a recent report from the Administrative Office of the United States Courts…. The diverging numbers suggest that law enforcement officials are shifting away from wiretaps in favor of other forms of cell tracking that are generally less legally burdensome, less time consuming and less costly.”
Lichtblau also mentions what he describes as a “muddled” Supreme Court ruling last year that forbid police to attach GPS locators to cars and monitor them without a court order. However, in most cases police do not need a warrant to monitor the GPS locator in a cell phone. The only way to turn those monitors off is to turn the phone off.
The Times story closes with a warning that police departments may be “keeping those records indefinitely in internal databases.”
Again, duh-uh.

Not Just Cell Phones
This was the second report by Lichtblau for the Times on the issue of cell phone surveillance. The Markey request for cell carrier records was prompted by a Times report last year. You can read that report, titled “Police Are Using Phone Tracking as a Routine Tool” here.
The issue of police spying on citizens using social media, emails and even Predator spy drones has promulgated dozens of major stories so far this year. David Kravets of Wired Magazine has been following the issue of electronic surveillance for more than a year. Earlier this month Kravets reported on demands by prosecutors and police for data on twitter users.
Last February, before the Times joined the hunt, Kravets reported on a “covert internet and telephone surveillance method known as pen register and trap-and-trace capturing.” The two techniques are used to capture “non-content information of outbound telephone and internet communications, such as phone numbers dialed, and the sender and recipient” and often the subject line for private emails. By law the Department of Justice is required to inform Congress about the number and nature of these requests but has apparently not done so since 1999.
The reports to Congress are mandated by the 25-year-old Electronic Communications Privacy Act. Kravits describes that as a, “…law (that) had once protected Americans’ electronic communications from the government’s prying eyes, but it has become so woefully outdated that it now grants the authorities nearly carte blanche powers to obtain Americans’ e-mail stored in the cloud, such as in Gmail or Hotmail – without a court warrant.” The February article states this surveillance is commonly carried out by the “Federal Bureau of Investigation, the Drug Enforcement Agency, the Marshals Service and the Bureau of Alcohol, Tobacco and Firearms.”
Most of this information is collected as part of the International War on Terror and is authorized by the Patriot Act. The act, extended by Congress in 2011, allows wiretaps without identifying a target or the method of communication to be tapped, allows any person to be monitored for any reason and allows secret warrants for business records of any kind.

Fusion Centers And War Rooms
The larger and more important issue that both Wired and the Times miss is why this information is collected, what happens to it after it has been archived and why.
Of those three issues the easiest to explain is the last – why. The information is collected and archived because any distinction that once existed between police forces and between the military and civilian police is already irrevocably blurred. Police already talk about themselves as if they were soldiers in a war. And, the war on terror continues because victory has been defined in ludicrous terms – such as bringing feminist values to Afghanistan and annihilating every, last terrorist. Since that job is impossible both federal and local police and prosecutors have participated in this great campaign by targeting “transnational terrorists” including street gangs, motorcycle clubs, right wing militias, fundamentalist Mormons, the Tea Party and the Occupy Movement.
Secondly all of this personal, private information collected by police departments, bureaus and agencies is permanently stored in both fusion centers and war rooms.
Fusion Centers are joint enterprises of the Department of Justice which includes the FBI, the DEA, the Marshalls and the ATF, and the largest federal police department, the Department of Homeland Security. The centers began to appear in 2003 and they have become omniscient. Nevada for example, the seventh largest but only the 35th most populous state, has three fusion centers.
War rooms are both intelligence repositories and traffic control centers for federally defined High Intensity Drug Trafficking Areas. There are now so many domestic spies that a key function of War Rooms is to keep track off all these informants, prevent them from conflicting (or shooting) each other, and feed their Reports of Investigation into the great Amazon of domestic intelligence. There is no longer a meaningful distinction between information collected by small town cops and the Department of Justice. It all ends up in the same, top-secret, computer network.
The point of these centers is to collect every credit card transaction, the time and location of every license plate on every major road, every legally and illegally tapped telephone conversation, text message and email, every public record, every secret police report, every social network comment, every blog post and much more into enormous databases that are constantly mined for hidden patterns. This data mining is a variation on the ancient Hebrew mystical art of Gematria – a kind of fortune telling.
These war rooms and fusion centers represent a radical departure from the values and ideas of men like Louis Brandeis who once wrote: “The makers of our Constitution undertook to secure conditions favorable to the pursuit of happiness. They recognized the significance of man’s spiritual nature, of his feelings and of his intellect. They knew that only a part of the pain, pleasure and satisfactions of life are to be found in material things. They sought to protect Americans in their beliefs, their thoughts, their emotions and their sensations. They conferred, as against the government, the right to be let alone – the most comprehensive of rights and the right most valued by civilized men.”
Data collection and mining, war rooms and fusion centers exist because the last two administrations and the last four Congresses have decided that the security of the United States can no longer depend on a free and informed citizenry. America’s very survival now depends on domestic spies and fortune tellers. And these fusion center data sets are now so huge that the fortune tellers, or analysts, who mine them usually find exactly what they want to find.

OFF THE WIRE
agingrebel.com
It is tempting for bikers to laugh off the holy crusade against “motorcycle noise” and aftermarket exhaust pipes. In the first place, the reasons for replacing the stock exhaust on a Harley are obvious to the people who do it.
Back in the day, 82 inch Shovelheads made about 70 horsepower right out of the box. Brand new 82 inch Twin Cams make about 58 horsepower. The reason for the decrease is that modern bikes are intentionally set up at the factory to run inefficiently. They must run poorly in order to meet the mileage, noise and pollution abatement goals that are mandated by a self-righteous and distant bureaucracy.
It all seems like so much red tape to most riders. Harley-Davidson does not build motorcycles that run well. Harley builds motorcycles that meet arbitrary and fatuous government standards. The standard set of improvements made to brand new motorcycles even has a name. Most people call it “the Harley tax.”
The Harley tax is the amount new owners must pay to “let the engine breathe.” The results of changing the pipes and air filter and fattening the gas to air mixture are immediate and potentially life saving. Motorcycles are small and vulnerable, so riders commonly try to stay safe by out-accelerating danger. And, factory pipes frustrate that ambition to stay alive.

Loud Pipes Save Lives

Secondly, as anybody who has ever actually ridden a motorcycle knows, Harleys are not vehicles so much as they are cloaks of invisibility. It is not simply a matter of motorists not seeing motorcycles. Drivers tend not to recognize the motorcycles they see as other motor vehicles sharing the road with them. So it is common for drivers to simply run over bikes. In the United States these collisions make the papers about 15 times a day. And, it is much harder to survive a freeway collision on a bike than in a car.
Motorcycles that are loud enough to be heard inside a sound-proofed passenger compartment are not only better able to run away from bike-blind motorists. They are also much harder to ignore. Even motorcycle cops know this.
In 2007, the city of Oakland put stock pipes on all 30 of its Harley-Davidsons. The new pipes stayed on until an Oakland cop riding a Harley with a stock exhaust was struck by a driver who said he never knew the motorcycle was there.
According to then Oakland Deputy Chief Dave Kozicki, “the decibel drop sparked a chorus of complaints from other officers, who said they felt less safe.” The department concluded, Kozicki went on to say, that “it was in the best interest of the officers to put more-audible pipes back on.”

The Noise Nuts

The campaign against “motorcycle noise” is also easy to dismiss because it is led by a bare handful of fatuous and unpleasant busybodies.
The concept of “noise pollution” was invented in 2004 by a UCLA professor of “political activism” named Ted Rueter. Rueter started a campaign called “Noise Free America” and as recently as 2005 he had to justify the concept to the left leaning digest Utne Reader. “A lot of people get off on noise and think that there’s something wrong with peace and quiet,” Rueter told the digest. “We’re still fighting a public perception that this is a trivial issue and anyone who’s concerned or interested in curbing noise is a crank.”
Other cranks became aroused when they heard Rueter’s seductive call and most of them took pains to make themselves appear more important than they actually are. The well known and often quoted group Noise Off is a guy named Richard Tur. (The spelling is not a typographical error. He actually spells his last name without the final “D.”)
A “citizen’s group” in Maine, called MECALM (Maine Citizens Against Loud Motorcycles) is a guy named Andy Ford who has a neighbor who is a state senator. A similar “grass roots organization” in New Hampshire called NHCALM is another guy named Bill Mitchell.
It is common to underestimate how important fanatics like Rueter, Tur, Ford and Mitchell are becoming. But, they are important because they are warping public perception and inspiring new laws.

New California Law

One of those is a California law scheduled to go into effect next year. It is called the “Motorcycle Anti-Tampering Act” and it was sponsored by a California State Senator named Fran Pavley. Pavley said her new law was aimed at “a few bad apples on our roads (who) are infringing on the rights of others with their illegal, attention-seeking loud pipes.” Pavley’s statement was a loathsome lie but it became true because nobody was able to contradict her.
Pavley is a former middle school teacher who represents the most affluent neighborhoods in Los Angeles and she demonstrates a tendency to treat other adults as if they are her middle school students. She is so ridiculous a person that it is also tempting to either ignore her or laugh her away. Unfortunately, she has the power to enact ridiculous laws.
Pavley’s law effectively forbids Harley owners from replacing their exhausts with better ones. The act requires motorcycle exhausts sold after 2012 to have a visible EPA stamp. The law also requires that motorcycles not exceed a sound level of 80 decibels which is 1.3 decibels quieter than New York’s tony Indochine restaurant on a quiet night as measured by the Zagat restaurant guide. It is 10 decibels quieter than a normal conversation, 30 decibels less than a lawn mower and about 15 decibels quieter than the police bikes in Oakland when they idle. Eighty decibels is also five decibels quieter than the traffic noise inside an auto with the windows rolled up.

Searches And Fines

Police departments throughout the country have eagerly jumped on the motorcycle noise abatement bandwagon. Not only is “loud” quickly becoming probable cause to detain passing motorcyclists. Ensuring that all passing motorcycles are not “loud” has become a reason to implement motorcycle road blocks. These road blocks are, in effect, dragnets that allow police to stop bikers in order to try to get something on them.
The 80 decibel limit is so arbitrary and unreasonable that it gives police a reason to stop and fine everybody. And, as everybody already knows, these fines are a growing revenue source for cities and towns desperate for cash. They are in effect, in the most literal way, highway robbery.
Money, rather than neurotics, is the main reason why motorcycle noise abatement campaigns are picking up steam. There is money in “motorcycle noise” for police and politicians.

Chris Real

There is also money in “motorcycle noise” for a guy named Chris Real.
In order to write the new California law and similar laws in cement, police must have a scientifically justifiable standard for measuring motorcycle noise. And, they must also have the equipment to make those scientific measurements. The author of the scientific procedure is an entrepreneur named Chris Real. He also makes the equipment.
The new standard for measuring motorcycle noise is titled SAE J2825. SAE used to be an abbreviation for “Society of Automotive Engineers.” It is now the trademark of a for-profit company called SAE International. SAE sets numerous standards ranging from socket sizes to the standard dimension of cargo containers. It leans heavily on independent contractors to invent its standards. Chris Real, who owns a company named DPS Technical Incrporated in Upland, California is the author of SAE J2825.
For the last year, since the California “Motorcycle Anti-Tampering Act” was signed into law, Real has been teaching the procedure he invented to cops around the country. The training in California has been subsidized by the state Office of Traffic Safety. The same state agency has also subsidized a campaign in Elk Grove, California to see how much revenue police there can generate by writing motorcycle noise tickets. The Elk Grove police have been writing the tickets for the last year. They don’t write noise tickets for jackhammers or trucks. They only write noise tickets for motorcycles.
Real’s procedure uses what Real sells. DPS Technical’s main product is a “law enforcement sound measurement kit.” The kit includes a “Sound Level Meter, ANSI Type 1 Field Calibrator, 2 vibration tachometers, measuring tape, OHV RPM testing data, spark arrester probe and case.” It also includes “certificates of calibration, personal protection equipment and field carrying case and (an) informational DVD.”
A “typical kit for field enforcement purposes,” the “PN: SLM ENV KT 1” costs $3,100.
No highway robber should be without one.

OFF THE WIRE

If you ride a motorcycle and you are a member of a club, wear club support clothing or have club support stickers on your helmet or bike you probably have been pulled over by some dirty cop who has it in for anyone wearing club stuff. And during that traffic stop your rights were violated, you were treated as a criminal, had the officer make-up charges against you, lie about what happened or what you said, handcuffed for no reason, abused, degraded and spoken to with profanity, threaten, and treated with disrespect.
What the site is all about; the Fourth Amendment of the U.S. Constitution which guarantees the right to be safe from unreasonable search and seizure without probable cause and the Fourteenth Amendment which requires that all citizens be treated equally under the law.

Fourteenth Amendment to the United States Constitution

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
What we are fighting:
Profiling, according to the Washington State Legislature’s current policies, occurs when law enforcement targets an individual exhibiting characteristics of a class that an officer believes more likely than others to commit a crime. The practice of targeting an individual because they are riding a motorcycle or wearing motorcycle paraphernalia is a perfect example of profiling. (Definition of profiling in SB 5852 passed in 2002.) From Motorcycle Profiling in Washington State, we are fighting the fight here. It’s time to stand up and be heard.
This is the place for you to vent, share your story or ask a question.

186.22  NOT TRUE
186.22.  (a) Any person who actively participates in any criminal
street gang with knowledge that its members engage in or have engaged
in a pattern of criminal gang activity, and who willfully promotes,
furthers, or assists in any felonious criminal conduct by members of
that gang, shall be punished by imprisonment in a county jail for a
period not to exceed one year, or by imprisonment in the state prison
for 16 months, or two or three years.
   (b) (1) Except as provided in paragraphs (4) and (5), any person
who is convicted of a felony committed for the benefit of, at the
direction of, or in association with any criminal street gang, with
the specific intent to promote, further, or assist in any criminal
conduct by gang members, shall, upon conviction of that felony, in
addition and consecutive to the punishment prescribed for the felony
or attempted felony of which he or she has been convicted, be
punished as follows:
   (A) Except as provided in subparagraphs (B) and (C), the person
shall be punished by an additional term of two, three, or four years
at the court's discretion.
   (B) If the felony is a serious felony, as defined in subdivision
(c) of Section 1192.7, the person shall be punished by an additional
term of five years.
   (C) If the felony is a violent felony, as defined in subdivision
(c) of Section 667.5, the person shall be punished by an additional
term of 10 years.
   (2) If the underlying felony described in paragraph (1) is
committed on the grounds of, or within 1,000 feet of, a public or
private elementary, vocational, junior high, or high school, during
hours in which the facility is open for classes or school-related
programs or when minors are using the facility, that fact shall be a
circumstance in aggravation of the crime in imposing a term under
paragraph (1).
   (3) The court shall select the sentence enhancement which, in the
court's discretion, best serves the interests of justice and shall
state the reasons for its choice on the record at the time of the
sentencing in accordance with the provisions of subdivision (d) of
Section 1170.1.
   (4) Any person who is convicted of a felony enumerated in this
paragraph committed for the benefit of, at the direction of, or in
association with any criminal street gang, with the specific intent
to promote, further, or assist in any criminal conduct by gang
members, shall, upon conviction of that felony, be sentenced to an
indeterminate term of life imprisonment with a minimum term of the
indeterminate sentence calculated as the greater of:
   (A) The term determined by the court pursuant to Section 1170 for
the underlying conviction, including any enhancement applicable under
Chapter 4.5 (commencing with Section 1170) of Title 7 of Part 2, or
any period prescribed by Section 3046, if the felony is any of the
offenses enumerated in subparagraph (B) or (C) of this paragraph.
   (B) Imprisonment in the state prison for 15 years, if the felony
is a home invasion robbery, in violation of subparagraph (A) of
paragraph (1) of subdivision (a) of Section 213; carjacking, as
defined in Section 215; a felony violation of Section 246; or a
violation of Section 12022.55.
   (C) Imprisonment in the state prison for seven years, if the
felony is extortion, as defined in Section 519; or threats to victims
and witnesses, as defined in Section 136.1.
   (5) Except as provided in paragraph (4), any person who violates
this subdivision in the commission of a felony punishable by
imprisonment in the state prison for life shall not be paroled until
a minimum of 15 calendar years have been served.
   (c) If the court grants probation or suspends the execution of
sentence imposed upon the defendant for a violation of subdivision
(a), or in cases involving a true finding of the enhancement
enumerated in subdivision (b), the court shall require that the
defendant serve a minimum of 180 days in a county jail as a condition
thereof.
   (d) Any person who is convicted of a public offense punishable as
a felony or a misdemeanor, which is committed for the benefit of, at
the direction of, or in association with any criminal street gang,
with the specific intent to promote, further, or assist in any
criminal conduct by gang members, shall be punished by imprisonment
in the county jail not to exceed one year, or by imprisonment in the
state prison for one, two, or three years, provided that any person
sentenced to imprisonment in the county jail shall be imprisoned for
a period not to exceed one year, but not less than 180 days, and
shall not be eligible for release upon completion of sentence,
parole, or any other basis, until he or she has served 180 days. If
the court grants probation or suspends the execution of sentence
imposed upon the defendant, it shall require as a condition thereof
that the defendant serve 180 days in a county jail.
   (e) As used in this chapter, "pattern of criminal gang activity"
means the commission of, attempted commission of, conspiracy to
commit, or solicitation of, sustained juvenile petition for, or
conviction of two or more of the following offenses, provided at
least one of these offenses occurred after the effective date of this
chapter and the last of those offenses occurred within three years
after a prior offense, and the offenses were committed on separate
occasions, or by two or more persons:
   (1) Assault with a deadly weapon or by means of force likely to
produce great bodily injury, as defined in Section 245.
   (2) Robbery, as defined in Chapter 4 (commencing with Section 211)
of Title 8 of Part 1.
   (3) Unlawful homicide or manslaughter, as defined in Chapter 1
(commencing with Section 187) of Title 8 of Part 1.
   (4) The sale, possession for sale, transportation, manufacture,
offer for sale, or offer to manufacture controlled substances as
defined in Sections 11054, 11055, 11056, 11057, and 11058 of the
Health and Safety Code.
   (5) Shooting at an inhabited dwelling or occupied motor vehicle,
as defined in Section 246.
   (6) Discharging or permitting the discharge of a firearm from a
motor vehicle, as defined in subdivisions (a) and (b) of Section
12034 until January 1, 2012, and, on or after that date, subdivisions
(a) and (b) of Section 26100.
   (7) Arson, as defined in Chapter 1 (commencing with Section 450)
of Title 13.
   (8) The intimidation of witnesses and victims, as defined in
Section 136.1.
   (9) Grand theft, as defined in subdivision (a) or (c) of Section
487.
   (10) Grand theft of any firearm, vehicle, trailer, or vessel.
   (11) Burglary, as defined in Section 459.
   (12) Rape, as defined in Section 261.
   (13) Looting, as defined in Section 463.
   (14) Money laundering, as defined in Section 186.10.
   (15) Kidnapping, as defined in Section 207.
   (16) Mayhem, as defined in Section 203.
   (17) Aggravated mayhem, as defined in Section 205.
   (18) Torture, as defined in Section 206.
   (19) Felony extortion, as defined in Sections 518 and 520.
   (20) Felony vandalism, as defined in paragraph (1) of subdivision
(b) of Section 594.
   (21) Carjacking, as defined in Section 215.
   (22) The sale, delivery, or transfer of a firearm, as defined in
Section 12072 until January 1, 2012, and, on or after that date,
Article 1 (commencing with Section 27500) of Chapter 4 of Division 6
of Title 4 of Part 6.
   (23) Possession of a pistol, revolver, or other firearm capable of
being concealed upon the person in violation of paragraph (1) of
subdivision (a) of Section 12101 until January 1, 2012, and, on or
after that date, Section 29610.
   (24) Threats to commit crimes resulting in death or great bodily
injury, as defined in Section 422.
   (25) Theft and unlawful taking or driving of a vehicle, as defined
in Section 10851 of the Vehicle Code.
   (26) Felony theft of an access card or account information, as
defined in Section 484e.
   (27) Counterfeiting, designing, using, or attempting to use an
access card, as defined in Section 484f.
   (28) Felony fraudulent use of an access card or account
information, as defined in Section 484g.
   (29) Unlawful use of personal identifying information to obtain
credit, goods, services, or medical information, as defined in
Section 530.5.
   (30) Wrongfully obtaining Department of Motor Vehicles
documentation, as defined in Section 529.7.
   (31) Prohibited possession of a firearm in violation of Section
12021 until January 1, 2012, and on or after that date, Chapter 2
(commencing with Section 29800) of Division 9 of Title 4 of Part 6.
   (32) Carrying a concealed firearm in violation of Section 12025
until January 1, 2012, and, on or after that date, Section 25400.
   (33) Carrying a loaded firearm in violation of Section 12031 until
January 1, 2012, and, on or after that date, Section 25850.
   (f) As used in this chapter, "criminal street gang" means any
ongoing organization, association, or group of three or more persons,
whether formal or informal, having as one of its primary activities
the commission of one or more of the criminal acts enumerated in
paragraphs (1) to (25), inclusive, or (31) to (33), inclusive, of
subdivision (e), having a common name or common identifying sign or
symbol, and whose members individually or collectively engage in or
have engaged in a pattern of criminal gang activity.
   (g) Notwithstanding any other law, the court may strike the
additional punishment for the enhancements provided in this section
or refuse to impose the minimum jail sentence for misdemeanors in an
unusual case where the interests of justice would best be served, if
the court specifies on the record and enters into the minutes the
circumstances indicating that the interests of justice would best be
served by that disposition.
   (h) Notwithstanding any other provision of law, for each person
committed to the Division of Juvenile Facilities for a conviction
pursuant to subdivision (a) or (b) of this section, the offense shall
be deemed one for which the state shall pay the rate of 100 percent
of the per capita institutional cost of the Division of Juvenile
Facilities, pursuant to Section 912.5 of the Welfare and Institutions
Code.
   (i) In order to secure a conviction or sustain a juvenile
petition, pursuant to subdivision (a) it is not necessary for the
prosecution to prove that the person devotes all, or a substantial
part, of his or her time or efforts to the criminal street gang, nor
is it necessary to prove that the person is a member of the criminal
street gang. Active participation in the criminal street gang is all
that is required.
   (j) A pattern of gang activity may be shown by the commission of
one or more of the offenses enumerated in paragraphs (26) to (30),
inclusive, of subdivision (e), and the commission of one or more of
the offenses enumerated in paragraphs (1) to (25), inclusive, or (31)
to (33), inclusive, of subdivision (e). A pattern of gang activity
cannot be established solely by proof of commission of offenses
enumerated in paragraphs (26) to (30), inclusive, of subdivision (e),
alone.
   (k) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.



186.22.  (a) Any person who actively participates in any criminal
street gang with knowledge that its members engage in or have engaged
in a pattern of criminal gang activity, and who willfully promotes,
furthers, or assists in any felonious criminal conduct by members of
that gang, shall be punished by imprisonment in a county jail for a
period not to exceed one year, or by imprisonment in the state prison
for 16 months, or two or three years.
   (b) (1) Except as provided in paragraphs (4) and (5), any person
who is convicted of a felony committed for the benefit of, at the
direction of, or in association with any criminal street gang, with
the specific intent to promote, further, or assist in any criminal
conduct by gang members, shall, upon conviction of that felony, in
addition and consecutive to the punishment prescribed for the felony
or attempted felony of which he or she has been convicted, be
punished as follows:
   (A) Except as provided in subparagraphs (B) and (C), the person
shall be punished by an additional term of two, three, or four years
at the court's discretion.
   (B) If the felony is a serious felony, as defined in subdivision
(c) of Section 1192.7, the person shall be punished by an additional
term of five years.
   (C) If the felony is a violent felony, as defined in subdivision
(c) of Section 667.5, the person shall be punished by an additional
term of 10 years.
   (2) If the underlying felony described in paragraph (1) is
committed on the grounds of, or within 1,000 feet of, a public or
private elementary, vocational, junior high, or high school, during
hours in which the facility is open for classes or school-related
programs or when minors are using the facility, that fact shall be a
circumstance in aggravation of the crime in imposing a term under
paragraph (1).
   (3) The court shall order the imposition of the middle term of the
sentence enhancement, unless there are circumstances in aggravation
or mitigation. The court shall state the reasons for its choice of
sentencing enhancements on the record at the time of the sentencing.
   (4) Any person who is convicted of a felony enumerated in this
paragraph committed for the benefit of, at the direction of, or in
association with any criminal street gang, with the specific intent
to promote, further, or assist in any criminal conduct by gang
members, shall, upon conviction of that felony, be sentenced to an
indeterminate term of life imprisonment with a minimum term of the
indeterminate sentence calculated as the greater of:
   (A) The term determined by the court pursuant to Section 1170 for
the underlying conviction, including any enhancement applicable under
Chapter 4.5 (commencing with Section 1170) of Title 7 of Part 2, or
any period prescribed by Section 3046, if the felony is any of the
offenses enumerated in subparagraph (B) or (C) of this paragraph.
   (B) Imprisonment in the state prison for 15 years, if the felony
is a home invasion robbery, in violation of subparagraph (A) of
paragraph (1) of subdivision (a) of Section 213; carjacking, as
defined in Section 215; a felony violation of Section 246; or a
violation of Section 12022.55.
   (C) Imprisonment in the state prison for seven years, if the
felony is extortion, as defined in Section 519; or threats to victims
and witnesses, as defined in Section 136.1.
   (5) Except as provided in paragraph (4), any person who violates
this subdivision in the commission of a felony punishable by
imprisonment in the state prison for life shall not be paroled until
a minimum of 15 calendar years have been served.
   (c) If the court grants probation or suspends the execution of
sentence imposed upon the defendant for a violation of subdivision
(a), or in cases involving a true finding of the enhancement
enumerated in subdivision (b), the court shall require that the
defendant serve a minimum of 180 days in a county jail as a condition
thereof.
   (d) Any person who is convicted of a public offense punishable as
a felony or a misdemeanor, which is committed for the benefit of, at
the direction of, or in association with any criminal street gang,
with the specific intent to promote, further, or assist in any
criminal conduct by gang members, shall be punished by imprisonment
in the county jail not to exceed one year, or by imprisonment in the
state prison for one, two, or three years, provided that any person
sentenced to imprisonment in the county jail shall be imprisoned for
a period not to exceed one year, but not less than 180 days, and
shall not be eligible for release upon completion of sentence,
parole, or any other basis, until he or she has served 180 days. If
the court grants probation or suspends the execution of sentence
imposed upon the defendant, it shall require as a condition thereof
that the defendant serve 180 days in a county jail.
   (e) As used in this chapter, "pattern of criminal gang activity"
means the commission of, attempted commission of, conspiracy to
commit, or solicitation of, sustained juvenile petition for, or
conviction of two or more of the following offenses, provided at
least one of these offenses occurred after the effective date of this
chapter and the last of those offenses occurred within three years
after a prior offense, and the offenses were committed on separate
occasions, or by two or more persons:
   (1) Assault with a deadly weapon or by means of force likely to
produce great bodily injury, as defined in Section 245.
   (2) Robbery, as defined in Chapter 4 (commencing with Section 211)
of Title 8 of Part 1.
   (3) Unlawful homicide or manslaughter, as defined in Chapter 1
(commencing with Section 187) of Title 8 of Part 1.
   (4) The sale, possession for sale, transportation, manufacture,
offer for sale, or offer to manufacture controlled substances as
defined in Sections 11054, 11055, 11056, 11057, and 11058 of the
Health and Safety Code.
   (5) Shooting at an inhabited dwelling or occupied motor vehicle,
as defined in Section 246.
   (6) Discharging or permitting the discharge of a firearm from a
motor vehicle, as defined in subdivisions (a) and (b) of Section
12034 until January 1, 2012, and, on or after that date, subdivisions
(a) and (b) of Section 26100.
   (7) Arson, as defined in Chapter 1 (commencing with Section 450)
of Title 13.
   (8) The intimidation of witnesses and victims, as defined in
Section 136.1.
   (9) Grand theft, as defined in subdivision (a) or (c) of Section
487.
   (10) Grand theft of any firearm, vehicle, trailer, or vessel.
   (11) Burglary, as defined in Section 459.
   (12) Rape, as defined in Section 261.
   (13) Looting, as defined in Section 463.
   (14) Money laundering, as defined in Section 186.10.
   (15) Kidnapping, as defined in Section 207.
   (16) Mayhem, as defined in Section 203.
   (17) Aggravated mayhem, as defined in Section 205.
   (18) Torture, as defined in Section 206.
   (19) Felony extortion, as defined in Sections 518 and 520.
   (20) Felony vandalism, as defined in paragraph (1) of subdivision
(b) of Section 594.
   (21) Carjacking, as defined in Section 215.
   (22) The sale, delivery, or transfer of a firearm, as defined in
Section 12072 until January 1, 2012, and, on or after that date,
Article 1 (commencing with Section 27500) of Chapter 4 of Division 6
of Title 4 of Part 6.
   (23) Possession of a pistol, revolver, or other firearm capable of
being concealed upon the person in violation of paragraph (1) of
subdivision (a) of Section 12101 until January 1, 2012, and, on or
after that date, Section 29610.
   (24) Threats to commit crimes resulting in death or great bodily
injury, as defined in Section 422.
   (25) Theft and unlawful taking or driving of a vehicle, as defined
in Section 10851 of the Vehicle Code.
   (26) Felony theft of an access card or account information, as
defined in Section 484e.
   (27) Counterfeiting, designing, using, or attempting to use an
access card, as defined in Section 484f.
   (28) Felony fraudulent use of an access card or account
information, as defined in Section 484g.
   (29) Unlawful use of personal identifying information to obtain
credit, goods, services, or medical information, as defined in
Section 530.5.
   (30) Wrongfully obtaining Department of Motor Vehicles
documentation, as defined in Section 529.7.
   (31) Prohibited possession of a firearm in violation of Section
12021 until January 1, 2012, and, on or after that date, Chapter 2
(commencing with Section 29800) of Division 9 of Title 4 of Part 6.
   (32) Carrying a concealed firearm in violation of Section 12025
until January 1, 2012, and, on or after that date, Section 25400.
   (33) Carrying a loaded firearm in violation of Section 12031 until
January 1, 2012, and, on or after that date, Section 25850.
   (f) As used in this chapter, "criminal street gang" means any
ongoing organization, association, or group of three or more persons,
whether formal or informal, having as one of its primary activities
the commission of one or more of the criminal acts enumerated in
paragraphs (1) to (25), inclusive, or (31) to (33), inclusive, of
subdivision (e), having a common name or common identifying sign or
symbol, and whose members individually or collectively engage in or
have engaged in a pattern of criminal gang activity.
   (g) Notwithstanding any other law, the court may strike the
additional punishment for the enhancements provided in this section
or refuse to impose the minimum jail sentence for misdemeanors in an
unusual case where the interests of justice would best be served, if
the court specifies on the record and enters into the minutes the
circumstances indicating that the interests of justice would best be
served by that disposition.
   (h) Notwithstanding any other provision of law, for each person
committed to the Division of Juvenile Facilities for a conviction
pursuant to subdivision (a) or (b) of this section, the offense shall
be deemed one for which the state shall pay the rate of 100 percent
of the per capita institutional cost of the Division of Juvenile
Facilities, pursuant to Section 912.5 of the Welfare and Institutions
Code.
   (i) In order to secure a conviction or sustain a juvenile
petition, pursuant to subdivision (a) it is not necessary for the
prosecution to prove that the person devotes all, or a substantial
part, of his or her time or efforts to the criminal street gang, nor
is it necessary to prove that the person is a member of the criminal
street gang. Active participation in the criminal street gang is all
that is required.
   (j) A pattern of gang activity may be shown by the commission of
one or more of the offenses enumerated in paragraphs (26) to (30),
inclusive, of subdivision (e), and the commission of one or more of
the offenses enumerated in paragraphs (1) to (25), inclusive, or (31)
to (33), inclusive, of subdivision (e). A pattern of gang activity
cannot be established solely by proof of commission of offenses
enumerated in paragraphs (26) to (30), inclusive, of subdivision (e),
alone.
   (k) This section shall become operative on January 1, 2014.


Looks like an addition to 186.22 (A)

186.22a.  (a) Every building or place used by members of a criminal
street gang for the purpose of the commission of the offenses listed
in subdivision (e) of Section 186.22 or any offense involving
dangerous or deadly weapons, burglary, or rape, and every building or
place wherein or upon which that criminal conduct by gang members
takes place, is a nuisance which shall be enjoined, abated, and
prevented, and for which damages may be recovered, whether it is a
public or private nuisance.
   (b) Any action for injunction or abatement filed pursuant to
subdivision (a), including an action filed by the Attorney General,
shall proceed according to the provisions of Article 3 (commencing
with Section 11570) of Chapter 10 of Division 10 of the Health and
Safety Code, except that all of the following shall apply:
   (1) The court shall not assess a civil penalty against any person
unless that person knew or should have known of the unlawful acts.
   (2) No order of eviction or closure may be entered.
   (3) All injunctions issued shall be limited to those necessary to
protect the health and safety of the residents or the public or those
necessary to prevent further criminal activity.
   (4) Suit may not be filed until 30-day notice of the unlawful use
or criminal conduct has been provided to the owner by mail, return
receipt requested, postage prepaid, to the last known address.
   (c) Whenever an injunction is issued pursuant to subdivision (a),
or Section 3479 of the Civil Code, to abate gang activity
constituting a nuisance, the Attorney General or any district
attorney or any prosecuting city attorney may maintain an action for
money damages on behalf of the community or neighborhood injured by
that nuisance. Any money damages awarded shall be paid by or
collected from assets of the criminal street gang or its members.
Only members of the criminal street gang who created, maintained, or
contributed to the creation or maintenance of the nuisance shall be
personally liable for the payment of the damages awarded. In a civil
action for damages brought pursuant to this subdivision, the Attorney
General, district attorney, or city attorney may use, but is not
limited to the use of, the testimony of experts to establish damages
suffered by the community or neighborhood injured by the nuisance.
The damages recovered pursuant to this subdivision shall be deposited
into a separate segregated fund for payment to the governing body of
the city or county in whose political subdivision the community or
neighborhood is located, and that governing body shall use those
assets solely for the benefit of the community or neighborhood that
has been injured by the nuisance.
   (d) No nonprofit or charitable organization which is conducting
its affairs with ordinary care or skill, and no governmental entity,
shall be abated pursuant to subdivisions (a) and (b).
   (e) Nothing in this chapter shall preclude any aggrieved person
from seeking any other remedy provided by law.
   (f) (1) Any firearm, ammunition which may be used with the
firearm, or any deadly or dangerous weapon which is owned or
possessed by a member of a criminal street gang for the purpose of
the commission of any of the offenses listed in subdivision (e) of
Section 186.22, or the commission of any burglary or rape, may be
confiscated by any law enforcement agency or peace officer.
   (2) In those cases where a law enforcement agency believes that
the return of the firearm, ammunition, or deadly weapon confiscated
pursuant to this subdivision, is or will be used in criminal street
gang activity or that the return of the item would be likely to
result in endangering the safety of others, the law enforcement
agency shall initiate a petition in the superior court to determine
if the item confiscated should be returned or declared a nuisance.
   (3) No firearm, ammunition, or deadly weapon shall be sold or
destroyed unless reasonable notice is given to its lawful owner if
his or her identity and address can be reasonably ascertained. The
law enforcement agency shall inform the lawful owner, at that person'
s last known address by registered mail, that he or she has 30 days
from the date of receipt of the notice to respond to the court clerk
to confirm his or her desire for a hearing and that the failure to
respond shall result in a default order forfeiting the confiscated
firearm, ammunition, or deadly weapon as a nuisance.
   (4) If the person requests a hearing, the court clerk shall set a
hearing no later than 30 days from receipt of that request. The court
clerk shall notify the person, the law enforcement agency involved,
and the district attorney of the date, time, and place of the
hearing.
   (5) At the hearing, the burden of proof is upon the law
enforcement agency or peace officer to show by a preponderance of the
evidence that the seized item is or will be used in criminal street
gang activity or that return of the item would be likely to result in
endangering the safety of others. All returns of firearms shall be
subject to Chapter 2 (commencing with Section 33850) of Division 11
of Title 4 of Part 6.
   (6) If the person does not request a hearing within 30 days of the
notice or the lawful owner cannot be ascertained, the law
enforcement agency may file a petition that the confiscated firearm,
ammunition, or deadly weapon be declared a nuisance. If the items are
declared to be a nuisance, the law enforcement agency shall dispose
of the items as provided in Sections 18000 and 18005.