CONCLUSION: THE CHALLENGES OF DEMOCRATIC POLICING

0.    Annys Shin, “Traffic Stop Video on YouTube Sparks Debate on Police Use of Md. Wiretap Laws,” Wash. Post, June 16, 2010, www.washingtonpost.com/wp-dyn/content/article/2010/06/15/AR2010061505556.html; “Wrongful Charges Dropped Against Motorcyclist Prosecuted for Videotaping Encounter with Police,” ACLU, Sept. 27, 2010, www.aclu.org/news/wrongful-charges-dropped-against-motorcyclist-prosecuted-videotaping-encounter-police. This account also is based on an interview by Barry Friedman with Anthony Graber.

0.    Peter Hermann, “ACLU Lawyers Seek to Quash Wiretapping Charges,” Balt. Sun, Sept. 3, 2010, http://articles.baltimoresun.com/2010-09-03/news/bs-md-police-cameras-graber-20100903_1_traffic-stop-trooper-j-d-uhler-anthony-graber.

0.    Anthony Graber, “Motorcycle Traffic Violation—Cop Pulls Out Gun (Extended No Sound),” YouTube, Mar. 12, 2010, www.youtube.com/watch?v=G7PC9cZEWCQ; State’s Answer to Def.’s Mot. to Suppress at 11, State v. Graber, No. K-IO-647, 2010 Md. Cir. Ct. LEXIS 7 (Md. Cir. Ct. Sept. 27, 2010).

0.    Graber, 2010 Md. Cir. Ct. LEXIS 7, at *1–2; Hermann, “ACLU Lawyers,” supra note 2.

0.    Toni Waterman, “Boston Court Ruling Affirms Citizens’ Right to Record Officials,” WGBH, Sept. 23, 2011, www.wgbh.org/articles/Boston-Court-Ruling-Affirms-Citizens-Right-To-Record-Officials-4342 (Glik); Glik v. Cunniffe, 655 F.3d 78 (1st Cir. 2011); James Queally, “Newark Police Settle Case with Teen Illegally Detained for Filming Cops,” Star-Ledger, Nov. 28, 2012, 12:24 p.m., www.nj.com/news/index.ssf/2012/11/newark_police_settle_case_with.html; AP, “Mass. Woman Charged with Recording Her Own Arrest,” WBUR, May 12, 2014, www.wbur.org/2014/05/12/record-arrest-chicopee (Karen Dziewit).

0.    Statement of Interest of the United States at 2, Garcia v. Montgomery County, No. 8:12-cv-03592 (D. Md. Mar. 4, 2013).

0.    Graber, 2010 Md. Cir. Ct. LEXIS 7, at *35–36.

0.    Statement of Interest at 6–7, Garcia, No. 8:12-cv-03592 (quoting Gentile v. State Bar of Nev. 501 U.S. 1030, 1034 (1991); Butterworth v. Smith, 494 U.S. 624, 632 (1990)).

0.    Devlin Barrett, “U.S. Will Change Stance on Phone Tracking,” Wall St. J., May 3, 2015, 7:46 p.m., www.wsj.com/articles/u-s-will-change-stance-on-secret-phone-tracking-1430696796; Office of the Inspector General, A Review of the Federal Bureau of Investigation’s Use of National Security Letters (2007), 7, 31, https://oig.justice.gov/special/s0703b/final.pdf. For a discussion of the Department of Justice’s role in keeping the NSA’s mass surveillance programs secret, see supra Chapter 12.

0.  Statement of Interest at 5, Garcia, No. 8:12-cv-03592.

0.  Matt Stroud, “The Minority Report: Chicago’s New Police Computer Predicts Crimes, but Is It Racist?,” The Verge, Feb. 19, 2014, 9:31 a.m., www.theverge.com/2014/2/19/5419854/the-minority-report-this-computer-predicts-crime-but-is-it-racist.

0.  Developments in the Law, “Policing, Chapter Four: Considering Police Body Cameras,” Harv. L. Rev. 128 (2015): 1794–95.

0.  See, e.g., Michael D. White, Police Officer Body-Worn Cameras: Assessing the Evidence (2014), 17, https://ojpdiagnosticcenter.org/sites/default/files/spotlight/download/Police%20Officer%20Body-Worn%20Cameras.pdf (reviewing preliminary results of BWC studies). Although comprehensive, White himself notes that the cited studies suffer significant methodological limitations, including lack of comparative design, overreliance on police officer surveys about perceptions and attitudes, and the fact that many were carried out by law enforcement agencies who were themselves deploying the technology.

0.  Barak Ariel et al., “The Effect of Police Body-Worn Cameras on Use of Force and Citizens’ Complaints Against the Police: A Randomized Controlled Trial,” J. Quantitative Criminology 31 (2015): 509 (Rialto); Justin T. Ready and Jacob T. N. Young, “The Impact of On-Officer Video Cameras on Police–Citizen Contacts: Findings from a Controlled Experiment in Mesa, AZ,” J. Experimental Criminology 11 (2015): 445–47 (noting that presence of cameras altered the behavior of both police and civilians); San Diego Police Department Body Worn Camera Program Update (2015), http://docs.sandiego.gov/councilcomm_agendas_attach/2015/psln_150318_2.pdf (“Body worn camera technology is a win-win for both the officer and the community. Although only implemented for a relatively short period of time, the results are very promising, showing a reduction in citizen complaints, allegations, and a reduction of some use of force applications.”); Barak Ariel and Tony Farrar, Self-Awareness to Being Watched and Socially-Desirable Behavior: A Field Experiment on the Effect of Body-Worn Cameras on Police Use-Of-Force (2013), 8, www.policefoundation.org/sites/g/files/g798246/f/201303/The%20Effect%20of%20Body-Worn%20Cameras%20on%20Police%20Use-of-Force.pdf (finding that shifts without cameras experienced twice as many incidents of use of force as shifts with cameras, and that the rate of use of force incidents per 1,000 contacts was reduced by 2.5 times). FBI Director James Comey has said that ubiquitous recording makes some cops more reluctant to aggressively pursue crime. Martin Kaste, “FBI Director Connects Heightened Police Scrutiny to Violent Crime Spike,” NPR, Oct. 26, 2015 4:25 p.m., www.npr.org/2015/10/26/452012194/fbi-director-connects-heightened-police-scrutiny-to-violent-crime-spike (“They described a feeling of being under siege and were honest and said, we don’t feel much like getting out of our cars.”). See generally Heather MacDonald, The War on Cops: How the New Attack on Law and Order Makes Everyone Less Safe (2016).

0.  Lauren Miller, “Police, ACLU Draft New Body Camera Policy for Carrboro,” Daily Tarheel, Mar. 25, 2015, 12:33 a.m., www.dailytarheel.com/article/2015/03/police-aclu-draft-new-body-camera-policy-for-carrboro; Vivian Ho, “S.F. Panel Votes on Body Camera Policy,” SFGate, Dec. 3, 2015, 7:06 a.m., www.sfgate.com/crime/article/S-F-panel-votes-on-body-camera-policy-6672070.php.

0.  Miller, “Police, ACLU Draft New Body Camera Policy for Carrboro,” supra note 15; Los Angeles Police Department, Body Worn Video Procedures (2015), www.lapdpolicecom.lacity.org/042815/BPC_15-0115.pdf; letter from Peter Bibring, Director of Police Practices, ACLU, to Denise E. O’Donnell, Director, Bureau of Justice Assistance, Sep. 3, 2015, www.aele.org/aclu2doj-lapd$.pdf.

0.  Letter from Peter Bibring, supra note 16; Bob Egelko, “ACLU Sues Hayward over $2,938 Fee for Protest Video,” SFGate, Sep. 15, 2015, 6:00 p.m., www.sfgate.com/bayarea/article/ACLU-sues-Hayward-over-2-938-fee-for-protest-6507262.php. Similarly, when a New York City TV station requested footage from the NYPD’s body camera pilot program, they were told the editing bill would be $36,000. David Kravets, “Police Department Charging TV News Network $36,000 for Body Cam Footage,” Ars Technica, Jan. 17, 2016, 12:40 p.m., http://arstechnica.com/tech-policy/2016/01/police-department-charging-tv-news-network-36000-for-body-cam-footage/; Respondents City of Hayward, Adam Perez and Diane Urban’s Opposition to Petitioner’s Motion for Injunctive and Declaratory Relief and Preemptory Writ of Mandate at 5–7, Nat’l Lawyer’s Guild San Francisco Bay Area Chapter v. City of Hayward, No. RG15785743 (Cal. Super. Ct. Feb. 25, 2016) (documenting the efforts made by the City to comply with a public records request for BWC footage).

0.  See, e.g., Martina Kitzmueller, “Are You Recording This? Enforcement of Police Videotaping,” Conn. L. Rev. 47 (2014): 170 and 170n8 (“Of the fifty-nine DUI and domestic violence cases handled by my students in the spring semester of 2014, ten cases had an issue with video that was lost or destroyed, or where no video had been taken at all.”); Ken Daley, “Cameras Not On Most of the Time When NOPD Uses Force, Monitor Finds,” Times Picayune, Sept. 4, 2014, 10:05 p.m., www.nola.com/crime/index.ssf/2014/09/cameras_not_on_most_of_the_tim.html (noting that only 34 percent of the 145 use-of-force events in New Orleans had preserved video of the event). For example, it’s hard to argue that cops shouldn’t be able to turn the camera off when talking to an underage sex crime victim.

0.  Beau Hodai, “The Homeland Security Apparatus: Fusion Centers, Data Mining and Private Sector Partners,” PR Watch, May 22, 2013, www.prwatch.org/news/2013/05/12122/homeland-security-apparatus-fusion-centers-data-mining-and-private-sector-partner.

0.  Brian A. Reaves, Census of State and Local Law Enforcement Agencies, 2008 (2011), 2 & 2tbl.2, www.bjs.gov/content/pub/pdf/csllea08.pdf (tallying 17,985 state and local law enforcement agencies).

0.  Consent Decree, United States v. City of Los Angeles, No. 00-CV-11769 (C.D. Cal. June 15, 2001), http://assets.lapdonline.org/assets/pdf/final_consent_decree.pdf; Kate Mather, “The LAPD Is Officially Suggesting a Few Things Officers Can Try to Do Before Pulling the Trigger,” L.A. Times, Mar. 15, 2016, 9:34 p.m., www.latimes.com/local/lanow/la-me-ln-lapd-rules-change-20160315-story.html (discussing the Police Commission’s changes to LA’s use of force policy); Sid Garcia, “LA Police Commission to Hold Public Hearings on LAPD Drone Use,” ABC7, June 3, 2014, http://abc7.com/news/commission-to-hold-public-hearings-on-lapd-drones/92193/ (discussing upcoming meeting on drone use).

0.  Final Report of the President’s Task Force on 21st Century Policing (2015), 15, www.cops.usdoj.gov/pdf/taskforce/taskforce_finalreport.pdf.

0.  Boards, Commissions, Committees and Task Forces, City of Park Ridge, www.parkridge.us/government/committees_commissions_and_boards.aspx; Meetings, Library Board of Trustees, Park Ridge Public Library, www.parkridgelibrary.org/about_us/meetings.aspx

0.  See “The Conservative Case for Reform,” Right on Crime, http://rightoncrime.com/the-conservative-case-for-reform/ (using conservative principles to advocate for penal reform).

0.  Efforts to reduce drug use and its consequences resulted in $30.6 billion in direct federal expenditures in 2016 alone. Executive Office of the President, National Drug Control Budget FY 2017 Funding Highlights (2016), 2, www.whitehouse.gov/sites/default/files/ondcp/press-releases/fy_2017_budget_highlights.pdf. At the same time, the National Institutes of Health have reported an 8.3 percent increase in the use of illicit drugs by Americans between 2002 and 2012. National Institute on Drug Abuse, Drug Facts (2015), 1, www.drugabuse.gov/sites/default/files/drugfacts_nationtrends_6_15.pdf. For an investigation of the drug war’s impact on aggressive policing and its effect on minority communities see Samuel R. Gross and Katherine Y. Barnes, “Road Work: Racial Profiling and Drug Interdiction on the Highway,” Mich. L. Rev. 101 (2002): 670–77.

0.  Stephen A. Berrey, The Jim Crow Routine (2015), 138–42 (discussing the racial aspects of policing during the Jim Crow era in Mississippi and Alabama); David A. Sklansky, “The Fourth Amendment and Common Law,” Colum. L. Rev. 100 (2000): 1806 (describing slave patrols); David A. Slansky, “The Private Police,” UCLA L. Rev. 46 (1999): 1213–16 (describing the Pinkerton Agency’s activities in support of management during labor disputes); James Comey, Director, FBI, “Hard Truths: Law Enforcement and Race,” Address at Georgetown University, Feb. 12, 2015, www.fbi.gov/news/speeches/hard-truths-law-enforcement-and-race (“[A]ll of us in law enforcement must be honest enough to acknowledge that much of our history is not pretty. At many points in American history, law enforcement enforced the status quo, a status quo that was often brutally unfair to disfavored groups.”).

0.  “Poll: NYC Split on Stop and Frisk,” Politico, Aug. 16, 2012, 6:31 a.m., www.politico.com/story/2012/08/poll-nyc-racially-divided-over-stop-and-frisk-079781. There is reason to question Bloomberg’s claim of the effectiveness of the program. See NYCLU, Stop & Frisk During the Bloomberg Administration 2002–2013 (2014), 1, www.nyclu.org/files/publications/stopandfrisk_briefer_2002-2013_final.pdf (arguing that as the number of stops and frisks decreased, violent crime also decreased).

0.  Joan Lowy, “AP-NCC Poll: A Third of the Public Fears Police Use of Drones for Surveillance Will Erode Their Privacy,” AP-GFK, Sept. 27, 2012, http://ap-gfkpoll.com/uncategorized/our-latest-poll-findings-13. Fifty-four perecent of Americans disapprove of the government’s collection of telephone and Internet data as part of antiterrorism efforts. George Gao, “What Americans Think About NSA Surveillance, National Security, and Privacy,” Pew Research Center, May 29, 2015, www.pewresearch.org/fact-tank/2015/05/29/what-americans-think-about-nsa-surveillance-national-security-and-privacy/.

0.  Allen E. Liska and Paul E. Bellair, “Violent Crime Rates and Racial Composition: Convergence over Time,” Am. J. Soc. 101 (1995), 586–88 (finding nonwhites to be more likely to live in areas affected by violent crime); Ingrid Gould Ellen and Katherine O’Regan, “Crime and U.S. Cities: Recent Patterns and Implications,” Annals Am. Acad. Pol. & Soc. Sci. 626 (2009): 26–27 (finding minority populations also disproportionately benefiting from reduced crime rates).

0.  Robert T. de George, “Democracy as a Social Myth,” in Philosophical Perspectives on Democracy in the 21st Century, eds. Ann E. Cudd and Sally J. Scholz (2013), 43 n.2.

0.  See generally Seth Stoughton, “Policing Facts,” Tulane L. Rev. 88 (2014): 847 (arguing that courts’ perception of what policing entails differs widely from what policing actually is, which hampers courts’ ability to regulate the constitutionality of policing).

0.  See Jonathan Stewart, “Peel’s Principles of Law Enforcement,” Marron Inst. of Urban Mgmt., Sep. 18, 2013, http://marroninstitute.nyu.edu/content/blog/peels-principles-of-law-enforcement.

0.  Id.

0.  See Timothy Williams, “Police Leaders Join Call to Cut Prison Rosters,” N.Y. Times, Oct. 20, 2015, www.nytimes.com/2015/10/21/us/police-leaders-join-call-to-cut-prison-rosters.html; Radley Balko “Former Cops Speak Out About Police Militarization,” Huffington Post, Aug. 1, 2013 11:09 p.m., www.huffingtonpost.com/2013/08/01/cops-speak-out-on-police-_n_3688999.html/ (“Older and retired cops don’t seem to like where policing is headed … Younger cops, who are nudging policing in a more militaristic direction, are naturally fine with it.”).