Icon So Much for the 4th Amendment
G
Green Mtn (view)

In case these two articles of information have not come to your attention.

Commuting By Bus In Denver? Papers, Please. DEB DAVIS LIKES to commute to work by public bus. She uses the time to read, crochet or pay bills. It's her quiet time. What with the high price of gas, she saves money, too: a week's worth of gas money gets her a month's worth of bus rides.

Deborah Davis defends freedom at home while her son serves abroad in Iraq. The bus she rides crosses the property of the Denver Federal Center, a collection of government offices such as the Veterans Administration, the U.S. Geological Survey, and part of the National Archives. The Denver Federal Center is not a high security area: it's not Area 51 or NORAD.

On her first day commuting to work by bus, the bus stopped at the gates of the Denver Federal Center. A security guard got on and demanded that all of the passengers on this public bus produce ID. She was surprised by the demand of the man in uniform, but she complied: it would have meant a walk of several miles if she hadn't. Her ID was not taken and compared to any "no-ride" list. The guard barely glanced at it.

When she got home, what had happened on the bus began to bother her. 'This is not a police state or communist Russia', she thought. From her 8th grade Civics class she knew there is no law requiring her, as an American citizen, to carry ID or any papers, much less show them to anyone on a public bus.

She decided she would no longer show her ID on the bus.

For the next two weeks she said had no ID. The guards would then ask her if she was getting off on Denver Federal Center property. When she told them 'no', they would let her alone: not once was she ever asked to get off the bus. The Compliance Test On Monday, September 26th 2005, Deb Davis headed off to work on the route 100 bus. When the bus got to the gates of the Denver Federal Center, a guard got on and asked her if she had an ID. She answered in the affirmative. He asked if he could see it. She said no.

Welcome.

Visitors Welcome (to be arrested).

The entrance to the Denver Federal Center. When the guard asked why she wouldn't show her ID, Deb told him that she didn't have to do so. The guard then ordered her off the bus. Deb refused, stating she was riding a public bus and just trying to get to work.

The guard then went to call his supervisor, and returned shortly with a federal policeman. The federal cop then demanded her ID. Deb politely explained once again that she would not show her ID, and she was simply commuting to work. He left, returning shortly thereafter with a second policeman in tow. The Second Compliance Test This second cop asked the same question and got the same answer: no showing of ID, no getting off the bus.

The cop was also annoyed with the fact that she was on the phone with a friend and didn't feel like hanging up, even when he 'ordered' her to do so.

The second cop said everyone had to show ID any time they were asked by the police, adding that if she were in a Wal-Mart and was asked by the police for ID, that she would have to show it there, too.

She explained that she didn't have to show him or any other policeman my ID on a public bus or in a Wal-Mart. She told him she was simply trying to go to work. The Arrest Suddenly, the second policeman shouted "Grab her!" and he grabbed the cell phone from her and threw it to the back of the bus. With each of the policemen wrenching one of her arms behind her back, she was jerked out of her seat, the contents of her purse and book bag flying everywhere. The cops shoved her out of the bus, handcuffed her, threw her into the back seat of a police cruiser, and drove her to a police station inside the confines of the Denver Federal Center.

Once inside, she was taken down a hall and told to sit in a chair, still handcuffed, while one of the policemen went through her purse, now retrieved from the bus.

The two policemen sat in front of their computers, typing and conferring, trying to figure out what they should charge her with. Eventually, they wrote up several tickets, took her outside and removed the handcuffs, returned her belongings, and pointed her toward the bus stop. She was told that if she ever entered the Denver Federal Center again, she would go to jail.

She hasn't commuted by public bus since that day.

http://www.papersplease.org/davis/facts.html http://www.papersplease.org/davis/

A third interesting read, that touches upon this nation's various information collection systems was included in another 21st century 4th Amendment case is available to read and as a PDF here:

http://64.233.161.104/search?q=cache:K0uSxAX7QZoJ:www.epic.org/privacy/hiibel/epic_amicus.pdf+US+v++Hiibel&hl=en&client=firefox-a

Even the Florida ACLU finds this acceptable.

Miami Police Take New Tack Against Terror

http://www.guardian.co.uk/uslatest/story/0,1282,-5445528,00.html Tuesday November 29, 2005 5:31 PM

AP Photo MH101

By CURT ANDERSON

Associated Press Writer

MIAMI (AP) - Police are planning ``in-your-face'' shows of force in public places, saying the random, high-profile security operations will keep terrorists guessing about where officers might be next.

As an example, uniformed and plainclothes officers might surround a bank building unannounced, contact the manager about ways to be vigilant against terrorists and hand out leaflets in three languages to customers and people passing by, said police spokesman Angel Calzadilla. He said there would be no random checks of identification.

``People are definitely going to notice it,'' Deputy Police Chief Frank Fernandez said Monday. ``We want that shock. We want that awe. But at the same time, we don't want people to feel their rights are being threatened. We need them to be our eyes and ears.''

Howard Simon, executive director of ACLU of Florida, said the Miami initiative appears aimed at ensuring that people's rights are not violated.

``What we're dealing with is officers on street patrol (making informed decisions on which individuals to stop), which is more effective and more consistent with the Constitution,'' Simon said. ``We'll have to see how it is implemented.'' One example of a legitimate stop might be an officer questioning a person entering a crowd while wearing a heavy coat on a summer day.

The operations will keep terrorists off guard, Fernandez said. He said al-Qaida and other terrorist groups plot attacks by putting places under surveillance and watching for flaws and patterns in security.

Police Chief John Timoney said there was no specific, credible threat of an imminent terror attack in Miami. But he said the city has repeatedly been mentioned in intelligence reports as a potential target.

Timoney said 14 of the 19 hijackers who took part in the Sept. 11 attacks lived in South Florida at various times and that other alleged terror cells have operated in the area.

Under the program, both uniformed and plainclothes police will ride buses and trains, while others will conduct longer-term surveillance operations.

Mary Ann Viverette, president of the International Association of Chiefs of Police, said the Miami program is similar to those used for years during the holiday season to deter criminals at busy places such as shopping malls.

``We want people to feel they can go about their normal course of business, but we want them to be aware,'' said Viverette, the police chief in Gaithersburg, Md.

At Monday's Heat game against the New York Knicks, season ticket holder Tony Gonzalez, 34, said he wasn't worried about any potential violation of civil liberties. ``When you enter an arena or stadium at full capacity you just don't know who is going through the turnstiles,'' said Gonzalez, an attorney. ``Everything that helps our security, I'm for it.''

-- "If you want to be free, learn to live simply. Use what you have and be content where you are." - J. Heider

"If you can't own (and use) property, you are property." - Wayne Hage

"In politics, nothing happens by accident. If it happens, you can bet it was planned that way." - FDR

"It isn't that they can't see the solution. It's that they can't see the problem." ---G.K. Chesterton

"If they can get you asking the wrong questions, they don�t have to worry about answers." - Thomas Pynchon
–--
“Restriction of free thought and free speech is the most dangerous of all subversions.” Wm O. Douglas
[login] | [register]

you need to be logged in to post and reply to message board posts