26-Nov-2009 (Thu) Wherein the War on Fun
gets some more press.
Here's a longer article about SFPD's apparent new policy of seizing
any laptops they can find -- even ones that are turned off, and tucked
away inside a backpack -- any time they bust up a private house party
(mentioned previously):
Police seize DJs' laptops:
New police chief apparently condones policy that critics call illegal
and punitive
While SFPD officials deny the laptop seizures is a new policy,
they admit it has been condoned by Police Chief George Gascón,
who took over in August and last month told the Guardian's editorial
board he wants to make the SFPD more transparent and accountable to
the public.
"The police chief is aware that officers are being proactive in
gathering evidence," Sgt. Lyn Tomioka told the Guardian when asked
about a string of laptop seizures by undercover cops over the last 10
months, most of them in cases in which the DJs weren't even charged
with a crime. [...]
Tomioka said it's a judgment call for officers to seize laptops
as evidence of an illegal party, but San Francisco Entertainment
Commission member Terrance Alan said the tactic is a punitive measure
that proves nothing: "Taking laptops [is] not necessary to prove the
underlying crime, and in many cases damages people's ability to earn
a living."
Ladies and Gentlemen, San Francisco's Finest,
Officer Larry Bertrand, SFPD badge #414:
But Miller said it didn't stop there. One of the undercover officers
approached her and asked if she had a laptop. She said she did. "I was
a little confused at this point because I didn't know what my laptop
had to do with anything. I was playing CDs." She said she pulled her
computer out from underneath a table and unzipped it from a case. The
officer then "grabbed it from me."
The undercover police officer -- later identified by witnesses
and the evidence receipt as Larry Bertrand -- instructed Miller to
follow him down to the street to get a property receipt for her
laptop.
At this point there were uniformed officers on the scene as
well. Miller started to cry. "I begged him. I said, 'This is my
livelihood. You're taking my laptop. This is my livelihood. I hope
you realize that.' He said, 'This is how you're going to learn then,
I guess.'"
Miller said Bertrand (who did not return Guardian calls for
comment) then told her he was "going to take it upon himself to shut
down every illegal party in San Francisco."
She said he then opened the trunk of his car, revealing several
other laptops. A person at the party pointed out that one of the
laptops belonged to a friend of his, and asked if he could get the
property receipt for the laptop. Miller said Bertrand turned to the
inquiring person and said, "You will never see this laptop
again."
She continued: "He then looked at me and said, 'I'm going to
make sure your paperwork gets so tied up that maybe you won't see
this laptop until December, January, February, who knows when.' I
felt so violated."
Jennifer Granick, a civil liberties lawyer with EFF, said most
people haven't heard about this because few of these DJs, if any,
ever get convicted of a crime. [...] Granick argued it is illegal for
police to seize property without issuing citations or arrests. She
also said there are serious privacy issues at stake. "If we were to
find out that the police were doing something else with the laptops,
like searching through them or copying the data, we would definitely
go to court," she said.
Jennifer Granick of EFF is
representing some of the victims in a hearing on Tue, Dec 1 at 9AM in
Department 18 at 850 Bryant. She says:
"The most probable outcome is that the Court orders our clients'
laptops returned and that's that. However, I've filed papers asking
for an accounting and injuction, in hopes of having evidentiary
hearing where I will put on witnesses to try to show the Court and the
public that there is a bigger problem here that merely returning our
stuff won't fix. [...] If you'd like to show up and watch the
hearing, it would be great to have you."
It's not even clear that any these parties where laptops were
being stolen were illegal. They were invitation-only parties in
people's homes.
Many of you are having people over today for Thanksgiving.
Did you get a permit?