Tag: police state

HOW CALIFORNIA COPS EXPLOIT LEGAL GRAY AREAS TO CONTINUE THEIR WAR ON CANNABIS

Zeke Flatten was driving southbound on Highway 101 in Northern California in December 2017 when he was pulled over by an unmarked SUV with flashing emergency lights.

Two officers clad in green, military-style garb and bulletproof vests approached Flatten’s vehicle but didn’t identify themselves. After asking Flatten if he knew how fast he was going, one of the men told him they suspected he was transporting cannabis, according to court documents. Flatten was immediately suspicious.

“He never mentioned anything else about the reason, probable cause, why he stopped me,” Flatten said in an interview with The Appeal.

The officers were correct, however: Flatten, a film producer and former undercover cop who’d temporarily relocated to Northern California, had three pounds of marijuana, including a few rolled joints, in the car—worth over $3,000 at the time. Flatten says he was working on a number of cannabis-related projects and was driving to a lab to test the weed, which he’d hoped to sell legally.

Just over a year before the stop, California had voted to legalize the personal cultivation and possession of up to an ounce of marijuana with the passage of Proposition 64. Under the measure, possession of larger amounts of cannabis was reduced from a felony offense to a misdemeanor, punishable by up to six months of incarceration and a maximum $500 fine.

But marijuana remains illegal at the federal level, classified as a Schedule 1 substance alongside drugs like heroin, LSD, and MDMA, known as Ecstasy. When the officers identified themselves as members of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), a federal agency, Flatten said he started to realize something was off.

“There’s no patches, there’s no badges, there’s no name tags,” Flatten said.

Flatten says he offered to show the officers his medical marijuana card, which should have allowed him to have the cannabis. But they didn’t want to look at the card. He figured if the agents believed the marijuana was illegal, they’d take it and provide him a receipt for the seizure, which would give him a chance to argue his case in court, Flatten said.

Instead, they proceeded to confiscate the cannabis from the back of Flatten’s car without running his name for warrants, or issuing a traffic ticket, court summons, or even documentation of the seizure, Flatten said. The officers did tell him that he might be getting a letter from the federal government. But he never did.

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FSC Secures Preliminary Injunction Against Unconstitutional Texas Law

Free Speech Coalition and our co-plaintiffs, a coalition of major adult platforms and creators, have been granted a preliminary injunction against the Texas antiporn law, HB1181. Texas is blocked from enforcing the law while the case is litigated.

“This is a huge and important victory against the rising tide of censorship online,” says Alison Boden, Executive Director of Free Speech Coalition. “From the beginning, we have argued that the Texas law, and those like it, are both dangerous and unconstitutional. We’re pleased that the Court agreed with our view that HB1181’s true purpose is not to protect young people, but to prevent Texans from enjoying First Amendment protected expression. The state’s defense of the law was not based in science or technology, but ideology and politics.”

The Court agreed with FSC and our co-plaintiffs on nearly every argument:

  • The law violates First Amendment rights of creators and consumers
  • The law has a chilling effect on legally-protected speech
  • Parental filters are a less restrictive and more effective method of protecting minors
  • The state does not have the right to compel speech in the form of health warnings

HB 1181 required sites with adult content to force their visitors to provide digital IDs or other official proof of age, as well as display pseudoscientific “health” warnings. Free Speech Coalition and our co-plaintiffs argued that the requirements are unconstitutional and expose consumers to significant privacy risks.

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New York Police to Use Drones to Monitor Backyard Labor Day Parties

New York police will use drones to monitor backyard Labor Day parties this weekend.

Kaz Daughtry, the assistant NYPD Commissioner made the announcement during a security briefing on J’ouvert, an annual Caribbean festival.

Daughtry’s plan to use police drones to monitor backyard barbecues got immediate backlash from civil liberties groups.

Why a Veteran-Owned Freeze-Dried Beef Company Unabashedly Embraces an America First Worldview

“It’s a troubling announcement and it flies in the face of the POST Act,” said Daniel Schwarz, a privacy and technology strategist at the New York Civil Liberties Union, referring to a 2020 city law that requires the NYPD to disclose its surveillance tactics, according to AP. “Deploying drones in this way is a sci-fi inspired scenario.”

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Docs Offer Glimpse Inside Censorship Industrial Complex

Welcome to the Censorship Industrial Complex. It’s rather like the old “military industrial complex,” which was shorthand for the military, private companies, and academia working together to achieve U.S. battlefield dominance, with the R&D funded by the government that buys the final product.

But the censorship industrial complex builds algorithms, not bombers. The players aren’t Raytheon and Boeing, but social media companies, tech startups, and universities and their institutes. The foes to be dominated are American citizens whose opinions diverge from government narratives on issues ranging from COVID-19 responses to electoral fraud to transgenderism.

When first exposed a few months ago, many of the actors and their media defenders perversely claimed that they, as private entities, were acting out of concern for “democracy” and exercising their own First Amendment rights.

However, the records and correspondence of an advisory committee to an obscure government agency tell a different story. The Functional Government Initiative (FGI) has obtained through a public records request documents of the Cybersecurity Advisory Committee of the U.S. Cybersecurity & Infrastructure Security Agency (CISA). The committee was composed of academics and tech company officials working with government personnel in a much closer relationship than either they or the media want to admit. Several advisory committee members who appear throughout the documents as quasi-federal actors are among those loudly protesting that they were private actors when censoring lawful American speech (e.g., Kate Starbird, Vijaya Gadde, Alex Stamos).

But the advisory committee members met often and worked so closely with their government handlers that the federal liaison to the committee regularly offered members his personal cell phone and even reminded them to use the committee’s Slack channel. Your average concerned citizen doesn’t have a Homeland Security bureaucrat on speed dial.

What were they working on? CISA’s “Mis-, Dis-, and Mal-information” (MDM) subcommittee discussed Orwellian “social listening” and “monitoring,” and considered the government’s best censorship “success metrics.” Who was to be censored? CISA was formed in response to misinformation campaigns from foreign actors, but it evolved toward domestic “threats.” Meeting notes record that Suzanne Spaulding of the Center for Strategic and International Studies said they shouldn’t “solely focus on addressing foreign threats … [but] to emphasize that domestic threats remain and while attribution is sometimes unclear, CISA should be sensitive to domestic distinctions, but cannot focus too heavily on such limitations.” So CISA should combat “high-volume disinformation purveyors before the purveyor is attributed to a domestic or foreign threat” and not worry so much about First Amendment niceties.

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Missouri Judge Denies Effort To Stop Recall of 62,000 Marijuana Products

A Missouri judge denied on Wednesday a marijuana company’s effort to stop the recall of 62,000 products containing the company’s THC concentrate that the state deemed a “potential threat to health and safety.”

The company, Delta Extraction, is a Robertsville-based licensed marijuana manufacturer that specializes in making THC distillate, a highly potent and pure form of THC used for things like vape pens, infused pre-rolled joints and edibles.

On August 2, the state regulating agency suspended Delta Extraction’s license after accusing the company of sourcing untested “marijuana or converted hemp from outside of a Missouri licensed cultivation facility.”

The state issued an administrative hold on the products days after and then a full product recall on August 14.

Delta Extraction argued in its August 16 motion for a temporary restraining order that the state’s actions were an “unlawful campaign to destroy Delta’s business through arbitrary, unjustified, and unexplained administrative actions targeting Delta’s products.”

Cole County Circuit Judge Cotton Walker ruled Wednesday that the company did not have grounds to challenge the recall because it has not exhausted the administrative appeal process.

The day after the state suspended their license, Delta filed an appeal with the Administrative Hearing Commission. That decision is still pending.

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FBI Data on Active Shootings Is Misleading

Americans are constantly debating policing and gun control. But to discuss these issues, we have to depend on government crime data. Unfortunately, politics has infected the data handling of agencies such as the FBI and the Centers for Disease Control.

Last year, the CDC became the center of controversy when it removed its estimates of defensive gun uses from its website at the request of gun control organizations. For nearly a decade the CDC cited a 2013 National Academies of Sciences report showing that the annual number of people using guns to stop crime ranged from about 64,000 to 3 million. The CDC website listed the upper figure at 2.5 million.

Mark Bryant, who runs the Gun Violence Archive, wrote to CDC officials after a meeting last year that the 2.5 million number “has been used so often to stop [gun control] legislation.” The CDC’s estimates were subsequently taken down and now lists no numbers.

The FBI is also susceptible to political pressure. Up until January of 2021, I worked in the U.S. Department of Justice as the senior advisor for research and statistics, and part of my job was to evaluate the FBI’s active shooting reports. I showed the bureau that many cases were missing and that others had been misidentified. Yet, the FBI continues to report that armed citizens stopped only 14 of the 302 active shooter incidents that it identified for the period 2014-2022. The correct rate is almost eight times higher. And if we limit the discussion to places where permit holders were allowed to carry, the rate is eleven times higher.

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Federal Lawmakers Are Preparing To Reintroduce Legislation To Regulate Kratom Amid Pushback To FDA-Proposed Ban

As federal lawmakers prepare to reintroduce a bill to regulate kratom, a former Trump administration drug czar stressed the need to beat back “misinformation” from the Food and Drug Administration (FDA), which has attempted to ban the substance in the U.S. and abroad.

Members of the American Kratom Association (AKA) said during a webinar Tuesday that they expect federal legislation to regulate the drug “will be filed shortly” in Congress and could be taken up later this session.

The text of the forthcoming bill “will be word-for-word the same” as congressional legislation introduced last session, said Mac Haddow, a senior fellow at AKA. The title, however, will be updated to the Kratom Consumer Protection Act, a nod to model legislation that AKA has been lobbying for at the state and federal levels.

Sponsors will include, on the Senate side, Sens. Mike Lee (R-UT) and Cory Booker (D-NJ), who also sponsored last session’s bill, the Federal Clarity for Kratom Consumers Act. In the House, lead sponsors will be Reps. Mark Pocan (D-WI) and Jack Bergman (R-MI). Pocan sponsored last year’s bill in the House, while Bergman is a new addition.

The forthcoming legislation’s bipartisan sponsorship in each chamber—specifically pairing a “very liberal” elected official with a “very conservative” one—is designed to highlight “that this is not a partisan issue,” Haddow said. “This is about good policy.”

If the bill becomes law, it would require FDA to take further steps to evaluate the health and safety of kratom and would also prohibit the agency from regulating kratom products in a way that’s more restrictive than regulations for food or dietary supplements.

Neither chamber took action on the proposal last session, but AKA expects more traction—and more sponsors—on this year’s bill.

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IT’S LONG PAST TIME TO BAN PRETEXTUAL STOPS—TAKE IT FROM A PUBLIC DEFENDER

Dante, a man I represented as a public defender, didn’t expect to be pulled over as he and his friend, Kris, drove through Pittsburgh to play basketball at a park a handful of years ago. But as Kris rounded a bend, four undercover detectives jumped out from the side of the road and ordered Kris to stop. Kris kept two pistols in his car, which he legally purchased and had a license to carry.

While the detectives claimed that they stopped Kris’s car due to an expired inspection sticker, this was no ordinary traffic stop. In truth, these detectives wanted an excuse to pull over two young Black men, search them, and rifle through their car. Once the detectives noticed the pistols – one of which had slipped to the passenger’s side floorboard when Kris stopped short – they ordered both men out of the car at gunpoint.

The detectives searched Kris and Dante before handcuffing them and forcing them to sit on the curb. Although the officers confirmed that Kris legally owned both pistols and had no evidence—besides proximity—that Dante possessed the gun, the police arrested Dante anyway. Dante couldn’t legally possess a firearm due to the juvenile equivalent of a criminal conviction years earlier—and the detectives claimed that simply being near two legally purchased firearms was enough evidence to arrest him. Dante was charged with felony gun possession, jeopardizing his job, education, and livelihood.

This type of ugly scenario plays out thousands of times nationwide every day. This policing tactic is commonly known as a “pretextual” traffic stop, in which officers stop motorists for minor traffic violations in the hopes of turning up evidence of other potential crimes. According to multiple studies, these stops rarely turn up anything illegal and often fail to reduce crime Instead, they mostly inflict trauma and violence, both physical and emotional.

Despite these facts, the Supreme Court has ruled that pretextual stops are legal, provided an officer identifies an actual traffic violation.

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Saudi Arabia: Man Sentenced to Death for Tweets

A Saudi court has sentenced a man to death based solely on his Twitter, and YouTube activity, Human Rights Watch said today. Saudi authorities should quash the verdict, which is an escalation of the Saudi government’s crackdown on freedom of expression and peaceful political dissent in the country.

On July 10, 2023, the Specialized Criminal Court, Saudi Arabia’s counterterrorism tribunal, convicted Muhammad al-Ghamdi, 54, a retired Saudi teacher, of several criminal offenses related solely to his peaceful expression online. The court sentenced him to death, using his tweets, retweets, and YouTube activity as the evidence against him.

“Repression in Saudi Arabia has reached a terrifying new stage when a court can hand down the death penalty for nothing more than peaceful tweets,” said Joey Shea, Saudi Arabia researcher at Human Rights Watch. “Saudi authorities have escalated their campaign against all dissent to mind-boggling levels and should reject this travesty of justice.”

Saudi security forces arrested al-Ghamdi in front of his wife and children on June 11, 2022, outside his home in the al-Nawwariyyah neighborhood of Mecca, people with knowledge of the case told Human Rights Watch. They took him to al-Dhahban Prison, north of Jeddah, where he was held in solitary confinement for four months. His family was unable to contact him during this period and he did not have access to a lawyer. The authorities later transferred al-Ghamdi to the al-Ha’ir Prison in Riyadh.

Saudi interrogators questioned him about tweets and political opinions and asked his opinions about individuals imprisoned for exercising their right to free expression. Al-Ghamdi did not have a lawyer for nearly a year and once he finally did obtain legal representation, he was only able to speak with the lawyer immediately in advance of court sessions.

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FBI HOOVERING UP DNA AT A PACE THAT RIVALS CHINA, HOLDS 21 MILLION SAMPLES AND COUNTING

THE FBI HAS amassed 21.7 million DNA profiles — equivalent to about 7 percent of the U.S. population — according to Bureau data reviewed by The Intercept.

The FBI aims to nearly double its current $56.7 million budget for dealing with its DNA catalog with an additional $53.1 million, according to its budget request for fiscal year 2024. “The requested resources will allow the FBI to process the rapidly increasing number of DNA samples collected by the U.S. Department of Homeland Security,” the appeal for an increase says.

In an April 2023 statement submitted to Congress to explain the budget request, FBI Director Christopher Wray cited several factors that had “significantly expanded the DNA processing requirements of the FBI.” He said the FBI collected around 90,000 samples a month — “over 10 times the historical sample volume” — and expected that number to swell to about 120,000 a month, totaling about 1.5 million new DNA samples a year. (The FBI declined to comment.)

The staggering increases are raising questions among civil liberties advocates.

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