tag:blogger.com,1999:blog-8597101.post430735015817018349..comments2024-03-25T20:06:39.794-05:00Comments on Grits for Breakfast: More Kafka than Orwell: Police databases and negligent errorGritsforbreakfasthttp://www.blogger.com/profile/10152152869466958902noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-8597101.post-62742003920721194122012-04-06T11:15:17.202-05:002012-04-06T11:15:17.202-05:00And yet the vast majority of time the official dat...And yet the vast majority of time the official databases are used, they are used correctly and without flaws. Were the problems eluded to frequent and common, more reform would be needed but the courts recognize this infrequency of error (and act accordingly).<br /><br />As far as the use of social media in law enforcement, why is the use of such so problematic as a tool to investigate? If someone wants to portray a thug on their Facebook page, making claims of criminal activity, showing gang signs, and presenting themselves as dangerous, that is their choice, not that of some LEO. Is it that different from wearing established gang attire, acting in a certain manner, and otherwise elevating community awareness of your criminal status in "real life", then finding you have generated enough reasonable suspicious for the police to investigate?Bobby Mcintirenoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-71857451194598844392012-04-06T01:57:09.432-05:002012-04-06T01:57:09.432-05:00well sounds to me like if they REFUSE to make sure...well sounds to me like if they REFUSE to make sure their databases are up to date and correct and the courts refuse to hold them LIABLE when it happnes.<br /><br />Might be time for the public to say guess what. THEY ARE GONE!<br /><br />Here's a pad and pencil. It's all you get till you can prove you can properly use anything more advanced.<br /><br />Time to small their mainiframes!rodsmithnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-68831311342090468092012-04-05T22:49:48.296-05:002012-04-05T22:49:48.296-05:00Definitely not a new problem. My nurse and her hu...Definitely not a new problem. My nurse and her husband were pulled over for a minor traffic stop; he was arrested for an "open DWI warrant". Of course, that case was long closed after he'd paid a fine and spent 90 days in jail--nobody bothered to remove it from the database. Of course, no apology or compensation for the night in jail, etc.<br /><br />But my main fear has long been employment difficulties caused for folks by erroneous "criminal background check" databases.<br /><br />My only hope is that with more and more things being criminalized, more and more people will be affected by law enforcement excesses and cause a sea-change in our world of Kafka and Orwell.Prison Dochttps://www.blogger.com/profile/03651611135066437902noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-51539366843562435642012-04-05T16:52:17.605-05:002012-04-05T16:52:17.605-05:00Scott,
Since the exclusionary rule does not apply ...Scott,<br />Since the exclusionary rule does not apply in instances of data entry errors,what then stops DPS from entering warrants into their database for anyone or everyone so they can claim a valid reason to stop and then claim later in court that it was a data entry error and the evidence should come in? Shouldn't the errors of DPS be used against them (exclude evidence at the very least and maybe lawsuit for false arrest) just as the mistakes of civilians are used against them?<br /><br />DOUBLE STANDARDLeenoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-80623251636354180402012-04-05T14:25:37.635-05:002012-04-05T14:25:37.635-05:00I have a case (in a neighboring state) where the p...I have a case (in a neighboring state) where the police based their arrest on googling the defendant. I argue that unofficial databases/internet with no 'indicia of reliability' are not sufficient to creat probable cause. We'll see if it becomes an appeal issue. <br /><br />In my case, the police said "the internet" (they could not be more specific) indicated that client might be a felon -- and they had found a firearm in the car. They stated they chose *not* to use NCIC because it was "too much hassle." <br /><br />In addition, the cops (who have recently gotten official Ipads) are apparently using google, facebook, etc. to make decisions about who to stop, etc. For example, the extension of a traffic stop to ask about gang involvement because the guy had a photo on his facebook page that "might have been him throwing gang signs."<br /><br />This stuff is coming up fast, let's hope the courts will at least attempt to put a cork in it.Anonymousnoreply@blogger.com