The FBI's Criminal Database Is Filling Up With Non-Criminals And No One In Law Enforcement Seems To Care

from the sabotaging-the-future-of-a-nation dept

America has long held the position as the world's foremost imprisoner of its own citizens. Around 2 million people are incarcerated in America, giving us nearly one-fourth of the world's total prison population. Spending any length of time in prison is a good way to destroy your future. But even if you never spend a day inside -- or even end up facing charges -- there's a good chance you'll still be facing a bleak future should you ever have the misfortune to be booked.

Over the past 20 years, authorities have made more than a quarter of a billion arrests, the Federal Bureau of Investigation estimates. As a result, the FBI currently has 77.7 million individuals on file in its master criminal database—or nearly one out of every three American adults.

Between 10,000 and 12,000 new names are added each day.
This master database is accessed by thousands of employers running pre-hire background checks, as well as by banks and landlords. One moment of stupidity, even if it never results in time served, could derail someone's life. Arrests are damaging, even if it's ultimately determined that no criminal activity occurred. How many thousands of people are being turned down for loans or rejected by landlords simply because a cop made up BS charges to arrest a photographer or deployed handcuffs instead of responsible crowd control?
When Precious Daniels learned that the Census Bureau was looking for temporary workers, she thought she would make an ideal candidate. The lifelong Detroit resident and veteran health-care worker knew the people in the community. She had studied psychology at a local college.

Days after she applied for the job in 2010, she received a letter indicating a routine background check had turned up a red flag.

In November of 2009, Ms. Daniels had participated in a protest against Blue Cross Blue Shield of Michigan as the health-care law was being debated. Arrested with others for disorderly conduct, she was released on $50 bail and the misdemeanor charge was subsequently dropped. Ms. Daniels didn't anticipate any further problems.

But her job application brought the matter back to life. For the application to proceed, the Census bureau informed her she would need to submit fingerprints and gave her 30 days to obtain court documents proving her case had been resolved without a conviction...

She didn't get the job.
This is one case out of thousands. Exacerbating law enforcement's enthusiasm for making meaningless arrests is the fact that no one involved in maintaining the criminal database is interested in making sure it only contains convicted criminals. Documentation of arrests aren't removed when charges are dismissed and information on cleared individuals is seldom forwarded to the FBI by local PDs.

And it's not as though false arrests are the exception to the rule. According to research done by the University of South Carolina, it's more of a coin toss -- 47% of respondents who were arrested were never convicted and 25% were never even charged.

This callous disregard for the falsely arrested places the burden on those harmed by law enforcement's wrongful actions to clear their names, which in our criminal justice system is an entirely uphill battle.
In October 2012, Jose Gabriel Hernandez was finishing up dinner at home when officers came to arrest him for sexually assaulting two young girls.

Turns out, it was a case of mistaken identity. In court documents, the prosecutor's office acknowledged that the "wrong Jose Hernandez" had been arrested and the charges were dropped.

Once the case was dismissed, Mr. Hernandez assumed authorities would set the record straight. Instead, he learned that the burden was on him to clear his record and that he would need a lawyer to seek a formal expungement.

"Needless to say, that hasn't happened yet," says Mr. Hernandez, who works as a contractor. Mr. Hernandez was held in the Bexar County jail on $150,000 bond. He didn't have the cash, so his wife borrowed money to pay a bail bondsman the nonrefundable sum of $22,500, or the 15% fee, he needed to put up. They are still repaying the loans.
Notably, there are no corresponding negative results for police who arrest the wrong person. It's always an "honest mistake" even when nearly half of their arrests never result in convictions. It's the citizens who need to spend their time and money (which, given the economic background of those most likely to be arrested, are generally commodities in short supply) trying to convince potential employers, landlords and banks that they're not actually criminals.

The difference a false arrest can make in one person's life is devastating. According to the Wall Street Journal, someone with an arrest on their record is only half as likely to own a house and twice as likely to be below the poverty line by age 25.

Ballooning law enforcement budgets have combined with bad ideas like zero tolerance policies and "broken windows" policing to turn arrests into a near inevitability, especially for citizens who aren't white… or document police activity… or engage in First Amendment-protected speech. There's no path guaranteed to keep your record from being blighted by a trumped-up charge or an arrest that leads nowhere. To those who control your future -- employers, landlords, banks, college admission offices -- it all looks the same when the background report comes in. The FBI is barely interested in ensuring its criminal database only houses data on criminals and local law enforcement agencies seem to be totally disinterested in clearing those wrongfully charged. Once again, the public is expected to do the legwork if it ever hopes to climb higher than the lowest rung in our nation -- guilty even if proven innocent.


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  1.  
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    Mason Wheeler (profile), Aug 22nd, 2014 @ 3:46pm

    bad ideas like ... "broken windows" policing

    Come again? Granted, it's been a few years, but last I heard, "broken windows" policing was one of the most effective techniques ever developed for reducing serious crime, with people guilty of minor infractions frequently also turning out to have outstanding warrants, drugs, illegal concealed weapons, etc. A few years ago, getting these people off the street was bringing crime down and making even really some really scary neighborhoods a lot safer.

    What changed?

     

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    Richard (profile), Aug 22nd, 2014 @ 3:56pm

    Re:

    What changed?

    The researchers looked at the data again and found that the correlation with zero tolerance was a coincidence.

    THe real reason for falling crime was the removal of lead from petrol.

     

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    Anonymous Coward, Aug 22nd, 2014 @ 3:57pm

    Now *here* is a context where "right to be forgotten" makes sense: government databases. Just like I can have old or inaccurate data deleted from my credit history, I should be able to have past arrests deleted if they never resulted in conviction.

     

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    Anonymous Coward, Aug 22nd, 2014 @ 4:02pm

    Re:

    Wonder if we can get ACLU or EFF to challenge the database itself in court as being a violation of constitutional due process...

     

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    Anonymous Coward, Aug 22nd, 2014 @ 4:04pm

    Re:

    There is already a "right to be forgotten" in government databases. The catch: you'll have to be an "unperson" to qualify.

     

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    sorrykb (profile), Aug 22nd, 2014 @ 4:09pm

    Re:

    What changed is people took another look at the data, in the context of falling crime rates nationwide, and also gathered new data from a number of cities.
    http://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=2473&context=journal_artic les *

    tl;dr:
    Taken together, the evidence from New York City and from the five-city social experiment provides no support for a simple first-order disorder-crime relationship as hypothesized by Wilson and Kelling, nor for the proposition that broken windows policing is the optimal use of scarce law enforcement resources.


    *Hooray for the Law Commons -- Free and open access.

     

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    Arthur Moore (profile), Aug 22nd, 2014 @ 4:11pm

    Useless

    The real problem is that there are many rules and laws preventing these people from being hired just because of a bad record. You get stories like this: http://newsfeed.time.com/2012/09/02/wells-fargo-fires-employee-who-committed-10-cent-fraud-in-1963/

     

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    NovaScotian, Aug 22nd, 2014 @ 4:26pm

    Arrest Records

    In Canada, there are 2.9 million records that include not guilties and discharged cases, but while Police can view these "non-conviction dispositions" the RCMP does not "generally" release that information to employers or border guards, said a spokesperson for RCMP, which maintains the database. The federal Criminal Records Act prohibits police from disclosing convictions for which a pardon has been granted.

     

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    Rod V. (profile), Aug 22nd, 2014 @ 4:28pm

    Last I checked, you have to commit a crime to get locked up. Maybe instead of bitching about the number of people locked up, maybe you should bitch about all the people committing crime. And yes, I think drug users deserve to be locked up.

    Secondly, do you have any comprehension on the sheer number of thugs that get arrested on legit charges and then released? Or how many thugs plead to lesser charges for a reduced sentence.

    Lastly, please show me more than anecdotal stories of the massive number of people that have missed out on jobs because they were arrested, falsely or not. Simply being arrested is not keeping huge amounts of people from living their lives.

    If you don't break the law, or hang around people breaking the law, your chances of arrest are almost nil. Despite your beliefs, police are not just grabbing random people off the street and trumping up charges just to lock them up.

     

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    Paul Brinker, Aug 22nd, 2014 @ 4:41pm

    Except, the system will charge you for being in the area of a protest, and unless you go to court to get it expunged you will forever popup in the FBI databased simply because you were caught in a drag net.

    Ever walk by a protest? Ever have a car with a plate thats close to a plate used in a crime? Do you have the same name as a criminal or terrorist?

    If so your a criminal.

     

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    Anonymous Coward, Aug 22nd, 2014 @ 4:43pm

    How can you maintain a permanent disenfranchised underclass without this kind of database? Of course they don't clean it.

     

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    Anonymous Coward, Aug 22nd, 2014 @ 4:46pm

    Re:

    You're an idiot and your post isn't worth a reply.

     

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    Anonymous Coward, Aug 22nd, 2014 @ 4:50pm

    Re: Re:

    An obvious idiot not worth responding too.

    It's apparent he doesn't get "the news". Public news is filled with people dead who were guilty of sleeping in their own homes when SWAT came knocking at the wrong address.

     

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    Anonymous Coward, Aug 22nd, 2014 @ 5:01pm

    Re:

    Think thru what you just commented on. Of course committing a crime should get you locked up. That isnt what the article is about. It is about being wrongly arrested or questioned and then having it go nowhere but yet your life is ruined because of it.

    If your not guilty of a crime, you shouldn't suffer any problems from it.

     

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    Anonymous Coward, Aug 22nd, 2014 @ 5:11pm

    It is not just the innocent that is being swept into this drag net.

    You hear all the time about deaths from police shootings. Why does it all seem covered up when you go looking for a database on these actions. Surely when you take someone's life, justified or not, there should be a public record of it readily found...yet there isn't.

    http://gawker.com/what-ive-learned-from-two-years-collecting-data-on-poli-1625472836

     

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    Anonymous Coward, Aug 22nd, 2014 @ 5:17pm

    Re:

    I'd point out that this is Rod V.'s first post on the site, but he hasn't actually said anything yet. His ass seems to have been the source of all of his speech thus far.

     

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    Medical Quack, Aug 22nd, 2014 @ 5:48pm

    Killer Algorithms...

    This is a big problem and not so much in the fact that innocent folks are in there, but rather the fact that banks, companies, etc who request these records don't know what the hell they are doing with the information. One blemish and they don't go any further and assume the worst. That's how we have been trained to look at at data and with all the flaws today, it's not a good system to function that way.

    Not the FBI but in just data broker files I can't get rid of 2 aliases tagged to me and I've never used an alias in my life, flawed data and yet people look at me after seeing such like I am hiding something. Granted there are folks who do hide such, but when it's not legit and you can't get rid of the flaws, what do you do/

    I have a cause to license all data base sellers or distributors and this could include the FBI for that matter as what kind of money do they get for sharing this data is my next question? Are they doing it for free? I think not but I could be wrong, but again with the data selling epidemic in the US, nobody misses a chance to make some easy money selling data and consumers all suffer with the flaws. I've been working on this for 3 years to get a law passed that would require all who distribute data to be licensed so we know who they are and you can't regulate a group with no index on who they are. They have great indexes on us to sell though.

    http://www.gofundme.com/auyxd0

    I wrote a few posts similar to this and I now have a page of curated videos from people smarter than me called the "Attack of the Killer Algorithms"...bookmark it and go back and watch videos when you have time. The first one is great about "Context" as that's what we are talking here when data gets reconstructed. I used to be a programmer and know all about the data mechanics of this.

    http://www.ducknet.net/attack-of-the-killer-algorithms/

    The Quant video is really good too when talking about financial fraud modeling. Here's one more about data selling the video is a screamer and the game was created to exploit the epidemic in the US, it's so bad. Nurse Mildred wants a few extra bucks so she'll sell some medical records..and so on. This keeps accelerating inequality as well.

    http://ducknetweb.blogspot.com/2014/06/data-selling-and-direct-correlation-to.html

     

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    Anonymous Coward, Aug 22nd, 2014 @ 6:51pm

    I was a public defender in a small rural Southern county, two actually, and the population had decreased there by about 60% since the 30s before farming needed less people but factory closing really reduced the number of people the most. Current population for each was less than 20K. I got a couple of murders or so a year. The old people who I got stories from told me that it was mild today compared to the violence in the past. They said they usually had one or two murders a WEEK. But the factories are gone and idle young blacks are scary down South. So they lock up young drug dealers for 20 and 30 years and yet back in the days of two murders a week, the incarceration rate was miniscule compared to today. People just don't like other people being idle. So subconsciously the politicians and the people agreed that lock em up was a good solution. Except now it's costly and nobody wants to pay high taxes. The prisons reduce the unemployment problem so the politicians love it. Guards have to be hired to tend to the prisoners. And people have forgotten what the past was like.

    My cousin worked in the AZ attorney General's office and waas investigating a murder in our family history. Actually an ax murder. And he was stunned at the murders from the 1930s newspapers.

    We've gone crazy as a nation. The prisons in the US are worse than the Gulags were. people did get out of the gulags. Not so much for US prisons.

     

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    Anonymous Coward, Aug 22nd, 2014 @ 7:19pm

    Re:

     

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    That Anonymous Coward (profile), Aug 22nd, 2014 @ 10:03pm

    Because someone needs scary figures for a report.
    Kajillion names in this database make us look like we are barely keeping a handle on the criminals and need more money and laws.

    I wonder how many cops have their records still in the system if they ever were on the other side.
    It would be interesting to see if the system manages to remove the records of those who could actually cause it problems if they felt it had screwed them.

    Collect all the data making it harder to find the right data.
    Add even more data, making it harder to find the right data.
    Everyone is a criminal but us, so lets just be like facebook and make the shadow profiles of these future convicts today.

     

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    Anonymous Coward, Aug 22nd, 2014 @ 10:13pm

    This will solve self over time. With the rate new people are added to the database, everyone will be in soon and the whole database will no longer make any sense.

     

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    Anonymous Coward, Aug 22nd, 2014 @ 10:17pm

    Every American that is against tyranny is a criminal to this criminally run government. Every person that disagrees with what their government does is labeled a terrorist/criminal.

    In short anyone that does not lick the boots of those in charge as soon as they seem them is labeled as a criminal.

    People have revolted against their governments for less

     

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    Anonymous Coward, Aug 22nd, 2014 @ 10:19pm

    Re: Re:

    If you do nothing wrong you should not be spied upon, and yet neither of those things are a rare thing in Amerika. but very common which is frightening.

     

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    Anonymous Coward, Aug 22nd, 2014 @ 10:29pm

    Re:

    Just curious, but on what exactly do you base your opinion that "drug users deserve to be locked up"? That's actually a very broad statement and the way you phrased it would mean locking up 99% of the population, I assume you don't mean it that way? Without more information I would assume you don't intend for the users of one of the most dangerous drugs out there to be locked up - that is alcohol - or do you want prohibition to be extended to bring alcohol back into it?

    Personally I rarely use alcohol these days, partially I suppose that's because it's the only drug I could be counted as having "overdosed" (though never hospitalised) on. I do however use some much safer opiates every day and have done so for a couple of years now. If I'd instead used alcohol, especially with the approximate 5x increase in my daily usage I'd almost certainly be dead by now.

    But perhaps you really mean "poor black drug users deserve to be locked up" - which seems to be how it operates in the real world - and my white middle-class background would let me off the hook with you? Though I suppose I shouldn't mention that I'm a man with long hair.

    Of course because prohibition has been relaxed with respect to alcohol it is certainly much easier for me to obtain alcohol and in almost unlimited quantities. Even with that I still much prefer opiates, especially with their relative safety and lesser side effects - ie no blackouts, vomiting and hangovers.

    There is one other minor point that may gain me your sympathy. However given that it has little impact on the opinions of police, politicians and others in positions of power and does little to make it easier for me I don't hold out much hope. You see I happen to be chronically ill and use those opiates to deal with the chronic pain I suffer as a result. But as I said this doesn't end up making much difference in how I'm treated so I'm sure you can just put it out of your mind.

     

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    Anonymous Coward, Aug 23rd, 2014 @ 12:02am

    Of course not! It's for when the government flick the Fascist switch, they'll know everyone.

     

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    Anonymous Coward, Aug 23rd, 2014 @ 1:52am

    Re:

    Lastly, please show me more than anecdotal stories of the massive number of people that have missed out on jobs because they were arrested, falsely or not. Simply being arrested is not keeping huge amounts of people from living their lives.

    Focusing on a macroscale is a bit dishonest here. What is getting pointed out is the existance of a problem with too much data causing a very high seriousness problem for someone affected.

    Saying it is rare, without providing data to back it up is one thing. Assuming that the point is isolated to the specific type of problem is your bigger error.

     

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    Mike_M, Aug 23rd, 2014 @ 2:12am

    Re:

    Last I checked you're innocent until proven guilty. That happens in a courtroom which comes after your arrest. We're talking about people that were arrested but weren't convicted. Not people that plead down to lesser charges.

    Despite you're ignorance, cops are trumping up charges. Many have come forward to expose it.

     

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    Sheogorath (profile), Aug 23rd, 2014 @ 8:42am

    The FBI's Criminal Database Is Filling Up With Non-Criminals And No One In Law Enforcement Seems To Care

    Old news to me given that I'm an X-File. Wrong number trick works every time.

     

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    TestPilotDummy, Aug 23rd, 2014 @ 10:09am

    The Fat Boy Institute

    As a veteran, I used to believe that the FBI was the last thing standing between oath breakers and protecting the Constitution on the Civilian side.

    In light of the FACT the FBI unconstitutionally spies as a PROXY has shattered my belief in the entire system at this point. It doesn't really matter what the hell they say anymore. Until these oath breakers are settled into a newly built wing at Ft Leavenworth, and people who actually uphold the Constitution, my belief in this once BEST IN THE WORLD system, will not be restored. ALL THE PROBLEMS WE HAVE GO RIGHT BACK TO PEOPLE BREAKING THEIR OATHS.

    NOTHING FINANCIALLY will be fixed until these rotten people backed by their foreign banksters are gone from this country. This country is NOT moving forward with lies out of the BLS, lies out of the FED, wrist slaps for banksters which using math show that it's more profitable to be a dirtbag, SEC Masturbating to the destruction of the United States.

    The Corporate Media will never be fixed until the FCC board control is taken away from POTUS / and corporate interests -- and instead the PEOPLE vote for managing emissions on the Public Spectrum. This also means People need to be educated about Power and Frequency.

    I actually LIKED Clapper (I know I know), until I didn't that one fateful day, upon where I learned, this entire bucket of apples IS ROTTEN and brimming over with false flags and dirty tricks.

    They not only need DE-Funding, these agencies who openly break their oaths need to be DE-Activated, and Prosecuted.

    The reason this Criminal Database is filling up with people who ain't done crap, is because there is ZERO INTEGRITY with an oath breaking scumbag.

     

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    Anonymous Coward, Aug 23rd, 2014 @ 11:29am

    Crime inflation has resulted in overcriminalization because now everything is a crime.

     

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    Anonymous Coward, Aug 23rd, 2014 @ 11:45am

    Re: Re:

    It's funny how corporations want to be 'persons'. They want all the benefits of being people yet none of the burdens. They can sue others yet when being sued the personal assets of corporate individuals are often protected. They are also often shielded from certain criminal consequences such as jail time (ie: A I D S tainted blood being knowingly sold by Bayer) to responsible individuals. As if that's not enough now they want corporate sovereignty so that they can have more power to influence how countries regulate than actual people.

     

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    GEMont, Aug 23rd, 2014 @ 12:29pm

    Innocence Lost

    "The FBI's Criminal Database Is Filling Up With Non-Criminals And No One In Law Enforcement Seems To Care"

    Well, not exactly.

    You see, since We The People were reclassified as "The Adversary", everyone is already considered a criminal - enemy of the state in fact - pending charges.

    So, while the database appears to be filling up with non-criminals, its merely a matter of timing, as eventually, everyone will be charged with some kind of crime.

    Maybe nobody mentioned to you that since 9/11, the standing policy of the Federal Fascist Pseudo-government is "Guilty as charged.", rather than "Innocent until proven guilty".

    ---

     

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    GEMont (profile), Aug 23rd, 2014 @ 12:38pm

    A matter of perspective

    I think you're looking at this backwards actually.

    False Arrest is the easiest way to disenfranchise any civilian that you don't like, or that interferes with business as usual, or just for the sheer joy of destroying people's lives.

    It is set up legally so that any cop can pull it off on any person of limited means - the only type who are considered "adversaries" of the state in an Ownership Society - and the law absolutely protects the cop from any and all repercussions, while insuring that the innocent victim suffers the full extent of the law.

    This is not a mistake.

    This is social engineering.

    ---

     

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    zip, Aug 23rd, 2014 @ 1:33pm

    TSD & NFL

    If you think it's bad now, just wait until employers, landlords and banks start accessing Homeland Security's Terrorist Screening Database and No-Fly List -- from which there is no possible way to ever clear your name.

     

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    anon coward, Aug 23rd, 2014 @ 3:23pm

    social engineering indeed

    This is also to get genetic and biometric profiles of as many people as possible.

     

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    Anonymous Coward, Aug 23rd, 2014 @ 7:41pm

    And my police state utopia says

    >And yes, I think drug users deserve to be locked up.

    That you should be locked up, purposefully injected opiates everyday for half your sentence, gradually increasing the dose until your tolerance makes Kurt Cobain a chipper then have the nurses suddenly stop giving your whatever opioids they have been feeding you IV and put you in solitary while you enjoy the rest of your life.

     

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    MrPendent, Aug 23rd, 2014 @ 11:56pm

    Maybe it's just my paranoia, but it seems to me that the reason they (ie. law enforcement) are not concerned about non-criminals in the database is that there is an unspoken assumption that sooner or later everyone will be a criminal.

     

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    Cal (profile), Aug 24th, 2014 @ 1:52am

    Re:

    "If you don't break the law, or hang around people breaking the law, your chances of arrest are almost nil. Despite your beliefs, police are not just grabbing random people off the street and trumping up charges just to lock them up."

    No, they are just kicking in your doors, killing your dogs, injuring and killing the children and elderly, raping women, murdering innocent people in their own homes all of which is against our laws.

    No knocks are FORBIDDEN by the US Constitution. Since the US Constitution did NOT give any of our governments the authority to create governmental professional law enforcement the ONLY lawful authority the LE's have is when they keep that Oath. The US Constitution assigns those duties to the PEOPLE as the Militia so that we would protect our freedoms, hold those who serve accountable for their actions, enforce the Constitutions - federal and state.

    THIS is the ONLY lawful way arrests can be carried out HERE in the USA, nothing else is allowed for;

    Amendment IV: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

    As Dr Edwin Vieira states in his book “Constitutional “Homeland Security” Volume 1: the Nation in Arms”: “That means "that NONE of those tasks are assigned to the Army, to a Navy, to a (constitutionally unknown) National Guard, or least of all to any unnamed professional police, security, or intelligence agencies of the General Government or of any state or locality. Rather, the Constitution's explicit emphasis on the Militia as the preeminent forces by politicians of a garrison, "national-security", or police state..."

    There is no such thing as "emergency powers" or "martial law" here in the USA as they are the exact opposite of the US Constitution and all in Pursuance thereof it.

    James Madison: "Because if . . . [An Unalienable Natural Right of Free Men] . . . be exempt from the authority of the Society at large, still less can it be subject to that of the Legislative Body. The latter are but the creatures and vicegerents of the former. Their jurisdiction is both derivative and limited: It is limited with regard to the coordinate departments, more necessarily is it limited with regard to the constituents. The preservation of a free Government requires, not merely, that the metes and bounds which separate each department of power be invariably maintained: but more especially that neither of them be suffered to overleap the greater Barrier which defends the rights of the people. The Rulers who are guilty of such an encroachment, exceed the commission from which they derive their authority, and are Tyrants. The people who submit to it are governed by laws made neither by themselves nor by an authority derived from them, and are Slaves"

    "The Constitution of the United States is a law for rulers and people, equally in war and peace, and covers with the shield of its protection all classes of men, at all times, and under all circumstances. No doctrine involving more pernicious consequences was ever invented by the wit of man than that any of its provisions can be suspended during any of the great exigencies of government. Such a doctrine leads directly to anarchy or despotism." The Supreme Court of the United States

    Judge Thomas M. Cooley: "Legislators have their authority measured by the Constitution, they are chosen to do what it permits, and NOTHING MORE, and they take solemn oath to obey and support it. . . To pass an act when they are in doubt whether it does or does not violate the Constitution is to treat as of no force the most imperative obligations any person can assume."

    Dr. Edwin Vieira, Jr: ... the famous case Norton v. Shelby County... The Court said: “An unconstitutional act is not a law; it confers no rights; it imposes no duties. It is, in legal contemplation, as inoperative as though it had never been passed".
    And that applies to any (and all) governmental action outside of the Constitution...
    What are the defining characteristics of a limited government? They are its disabilities; what it does not have legal authority to do. Look at the First Amendment... What does it do? It guarantees freedom of speech, freedom of press, freedom of religion. But how does it do that? I quote: “Congress shall make no law abridging the freedom of speech or of the press” etcetera. “Congress shall make no law;” that’s a statement of an absence of power. That’s a statement of a disability."

    Professional police as we know them today originated in American cities during the second quarter of the nineteenth century, when municipal governments drafted citizens to maintain order. Toward the end of the nineteenth century, police forces took on the role of crime-fighting. The goal of maintaining public order became secondary to chasing lawbreakers. The police cultivated a perception that they were public heroes who "fought crime" in the general, rather than individual sense.

    This "new" role followed the law enforcement model developed in England. Our country had cut its ties with England to develop our own form of government with LESS governmental involvement in the affairs of the people. The "new" law enforcement was incorporating MORE government into the affairs of the people against the US Constitution as is done in England.

    “How ‘secure’ do our homes remain if police, armed with no warrant, can pound on doors at will and … forcibly enter?” Supreme Court Justice Ruth Bader Ginsburg

    Under the common law, there was no difference whatsoever between the privileges, immunities, and powers of constables and those of private citizens. Professional governmental law enforcement faced the same liabilities — civil and criminal — as everyone else under identical circumstances.

    When the people of the USA started letting their representatives delegate their constitutionally required law enforcement duties to the professional governmental law enforcement, the laws were then relaxed to allow police to execute warrantless felony arrests upon information received from 3rd parties. Since the information received could not be confirmed, the Professional governmental law enforcement could no longer be required to be "right" all of the time, so the rule of strict liability for false arrest was lost.

    The modern disparity between the rights and powers of police and citizen shows up most in the modern law of "resisting arrest". Any US citizen was privileged to resist arrest if probable cause for arrest did not exist or the arresting person could not produce a valid arrest warrant where one was needed as individual liberty is the bedrock of our constitutional republic. It wasn't that long ago that the United States Supreme Court held that it was permissible (or defensible) to shoot an officer who displays a gun with intent to commit a warrantless arrest based on insufficient cause. Officers who executed an arrest without proper warrant were themselves considered trespassers, and the owners had a right to violently resist (or even assault and batter) an officer to evade such an unlawful arrest.
    Well into the twentieth century, violent resistance was considered a lawful remedy for Fourth Amendment violations. Even any third-party person who voluntarily assisted were lawfully able to forcibly liberate wrongly arrested persons from unlawful custody.

    By the 1980s many states had eliminated the common law right of resistance for the people in order to make it easier for professional governmental law enforcement to do the work of the state, plus criminalized the resisting of arrest or anything else by the general populace of any "officer" acting in his official capacity. Then they eliminated the requirement that an arresting officer present his warrant at the scene, PLUS drastically decreased the number and types of arrests for which a warrant is required. Basically destroying the basis of our legitimate government, and the level of protection given to us by, and put into place by the Framers into the US Constitution and state Constitutions.

    The right to resist unlawful arrest IS a constitutional one. It stems from the right of every person to his bodily integrity and liberty of movement, which are among the most fundamental of all natural rights. This" changing balance of power" between police and private citizens now revels itself by the unlawful power of modern police to easily use violence against the population, and to use unlawful arrest techniques with no consequences. Just because something is called a "law" or a "bill" does not make it so. There are many "color of law", "pretend" laws that are being unlawfully enforced today.

     

    reply to this | link to this | view in thread ]

  39.  
    identicon
    Anonymous Coward, Aug 24th, 2014 @ 2:08am

    Well, the Canadian equivalent of FISA (which has a very boring name of Canadian Legislator) is scary and even the american gov is more transparent about its spooky things, even pre 911......I'm glad this kind of stuff isn't done here. The only time I felt like I was screwed by a cop (out of 2 encounters with cops at my apartment(s), is when they asked for ID because some neighbor took revenge on me cos I told the landlord that the guy living right over me was always fucking running from an apartment to to the other + to the washing machines to his apartment, so cops were buzzed in by someone in my block, and they rang my door, as I had just a long sex session with my girlfriend and came back from the gas station with a 12 pack of beer while she was taking a shower after all that. We sat there 5 minutes and with some music playing (with the subwoofer killed, like in my additional non-gov rules said it should be) at 10:53pm, when all noise should be stopped at 11 pm.

    Told the cop I didn't have to give him ID and that he had me quite riled up with his false accusation that I could be a criminal running from the law, ended up giving him my health insurance card, those don't have addresses on them so.


    He said it was a municipal rule so he had to take my ID which I know is bullshit but I didn't feel like forcing myself telling him he was full of shit. Him and his partner did ruin our evening and night though.

    Just get fake ID's while you can, it's what I got now, but I live in a house that's not by my name.If everyone's a criminal, might as well act like it.

     

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  40.  
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    GEMont (profile), Aug 24th, 2014 @ 1:41pm

    Re: Re:

    Thank you sir.

    A truly enlightening post and a truly frightening example of what We The People have lost this century to the forces of fascism.

     

    reply to this | link to this | view in thread ]

  41.  
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    GEMont (profile), Aug 24th, 2014 @ 1:45pm

    So where the hell is Whatever when you need a good giggle?

    I'd have thought this was exactly the sort of discussion his handlers would want to see disrupted.

    Maybe they finally caught on that he was telling the truth by making his lies blatantly obvious, and fired his ass!

    C'est la vie eh!

     

    reply to this | link to this | view in thread ]

  42.  
    icon
    Bo-Ti the Beloved (profile), Aug 24th, 2014 @ 3:09pm

    Law Enforcement as Revenge-by-Proxy

    Twice in my 53 years I have had law enforcement sent after me by people who wanted to inflict hurt on me (without having to actually do anything more than calling the cops.) In both cases, the charges were bogus, but I know those records are out there, and honestly, due to that and to my age I don't ever expect to be employed again. This is a subject I would like to see brought up ... well, anywhere and everywhere, to be honest, because I know very well that I'm far from alone in having experienced this, and what with the recent 'swatting' thing going on and all ...

    I was jailed both times and incurred some pretty substantial expenses before being able to clear my name. I just wonder how prevalent this sort of thing really is. I would greatly appreciate any anecdotes or links pertaining to the subject. I've searched for such accounts on the internet, of course, but the whole thing was so traumatizing that I have a tendency to just give up before I find anything of substance.

    But yeah, this retention of bad arrest records is crazy; a sure sign of a society rotting on the hoof. Makes me hope for a righteous solar pulse to come along, sometimes.

     

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  43.  
    identicon
    johnny vegas, Aug 25th, 2014 @ 3:07am

    The FBI's Criminal Database

    I found myself at the Blaine border crossing (separating Washington St. & British Columbia Canada), on my way to go skiing at Whistler resort. Before the Canadian border guard decided to search my car (for who knows what), he asked me: "Have you ever been arrested?" I lied and said 'no'. He shot back (incredulously) "NEVER?"
    If anyone were to know how much of a police state the U.S. is it is the Canadian border guards. They know that nearly 1 in 3 U.S. adults has been arrested for 'something', since they have the ability to tap into U.S. databases at the border to check every American entering Canada. And of course, the Canadians don't want American criminals entering Canada (like hardened criminals that grow or smoke pot).
    I just want to know how Tommy Chong (half of the comedy team of Cheech & Chong) is going to visit his friends back home in Canada now that he has been arrested (and did hard time) for selling bongs.

     

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  44.  
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    Ninja (profile), Aug 25th, 2014 @ 8:10am

    Re: Useless

    No worries, when every American is listed then nobody is. When everybody is a criminal because of some obscure law then nobody is an the law is no longer effective.

     

    reply to this | link to this | view in thread ]

  45.  
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    John Fenderson (profile), Aug 25th, 2014 @ 8:24am

    Re:

    "Maybe instead of bitching about the number of people locked up, maybe you should bitch about all the people committing crime"

    If there weren't so many completely unreasonable laws, you'd have a point.

     

    reply to this | link to this | view in thread ]

  46.  
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    knbtnwd (profile), Aug 25th, 2014 @ 12:55pm

    Just some rough numbers I thought would add some additional context to this story. The U.S. is only adding about 6,000 people to the total population per day.

    Some assumptions for the next bit:
    2013 U.S. population growth persists.
    The FBI continues to register at the 10,000 per day level.
    The relationship between U.S. total and U.S. adult population stays the same.

    With these three assumptions.

    Half of all adults could be registered as soon as 17 years from now, and 50% of the total population, not just adults, could be registered in this database within 30 years.

     

    reply to this | link to this | view in thread ]

  47.  
    identicon
    Donald, Apr 7th, 2015 @ 9:50pm

    Re:

    I'm one such person so get your head out of the sand! In fl I was arrested for occupied burglary. In fl that can carry a life sentence. I spent 33 days in jail before the victim came out and admitted I wasn't involved. Now it's on my background check and I can't be a police officer. Thanks!!

     

    reply to this | link to this | view in thread ]


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