NOTES

Please note that some of the links referenced throughout the text are no longer active.

INTRODUCTION: THE PROBLEMS OF POLICING

  1.    Charles Carter Dep. at 6, Carter v. Maryland State Police, No. 03-C-96-000156 (Md. Cir. Ct., Aug. 1, 1996) (on file with author); Letter from Charles Carter and Etta Carter to Alfred Bailey, ACLU (1994) (on file with author); Etta Carter Dep. at 6, 10–11, 14–26, Carter, No. 03-C-96-000156 (Md. Cir. Ct., Aug. 1, 1996) (on file with author).

  2.    Etta Carter Dep. at 6, 45, 85; Quill Dep., pt. 1, at 68, 83, 86, 114; Charles Carter Dep. at 20, 33, 41–42, 55; Carter Letter to Bailey, ACLU.

  3.    Carter Letter to Bailey, ACLU; Etta Carter Dep. at 90, 92–94, 98; Quill Dep., pt. 1, at 67, 95, 124–25 (naming the dog as Spider, though Quill denies knowledge of the urination incident); Charles Carter Dep. at 42, 45–46, 48.

  4.    Mitchell Dep. at 103; Leatherbury Dep. at 20; Carter Letter to Bailey, ACLU.

  5.    Charles Carter Dep, at 104–6.

  6.    Charles Carter Aff. at ¶ 7.

  7.    Floyd v. City of New York, 959 F. Supp. 2d 540, 555, 572, 658–67 (S.D.N.Y. 2013); Conor Friedersdorf, “Eyes Over Compton: How Police Spied on a Whole City,” The Atlantic, Apr. 21, 2014, www.theatlantic.com/national/archive/2014/04/sheriffs-deputy-compares-drone-surveillance-of-compton-to-big-brother/360954/. Email collection supposedly terminated in 2011, though there is evidence that this is not correct, and certainly does not include countless records of Americans being collected through overseas portals. Glenn Greenwald and Spencer Ackerman, “NSA Collected US Email Records in Bulk for More Than Two Years Under Obama,” The Guardian, June 27, 2013, www.theguardian.com/world/2013/jun/27/nsa-data-mining-authorised-obama.

  8.    Julie Bosman and Matt Apuzzo, “In Wake of Clashes, Calls to Demilitarize Police,” N.Y. Times, Aug. 14, 2014, www.nytimes.com/2014/08/15/us/ferguson-missouri-in-wake-of-clashes-calls-to-demilitarize-police.html; Joseph Goldstein and Marc Santora, “Staten Island Man Died from Chokehold During Arrest, Autopsy Finds,” N.Y. Times, Aug. 1, 2014, www.nytimes.com/2014/08/02/nyregion/staten-island-man-died-from-officers-chokehold-autopsy-finds.html; Manny Fernandez, “North Charleston Police Shooting Not Justified, Experts Say,” N.Y. Times, Apr. 9, 2015, www.nytimes.com/2015/04/10/us/north-charleston-police-shooting-not-justified-experts-say.html; Annie Sweeney and Jason Meisner, “A Moment-by-Moment Account of What the Laquan McDonald Video Shows,” Chi. Trib., Nov. 25, 2015, 6:00 a.m., www.chicagotribune.com/news/ct-chicago-cop-shooting-video-release-laquan-mcdonald-20151124-story.html; Ben Austen, “Chicago After Laquan McDonald,” N.Y. Times Mag., Apr. 20, 2016, www.nytimes.com/2016/04/24/magazine/chicago-after-laquan-mcdonald.html; About, Million Hoodies Movement for Justice, http://millionhoodies.net/about/; Rachel Blade, “House Hearing on Police Turns Ugly,” Politico, May 19, 2015, www.politico.com/story/2015/05/racial-epithets-mudslinging-house-hearing-police-reform-ghetto-118108; Press Release, Office of Public Affairs, U.S. Dep’t of Justice, “Justice Department Announces Findings of Two Civil Rights Investigations in Ferguson, Missouri,” Mar. 4, 2015, www.justice.gov/opa/pr/justice-department-announces-findings-two-civil-rights-investigations-ferguson-missouri; Final Report of the President’s Task Force on 21st Century Policing (2015), www.cops.usdoj.gov/pdf/taskforce/taskforce_finalreport.pdf.

  9.    “How Much of an Iceberg Is Below the Water,” Navigation Ctr., U.S. Coast Guard, www.navcen.uscg.gov/?pageName=iipHowMuchOfAnIcebergIsBelowTheWater; James B. Comey, Dir., Fed. Bureau of Investigation, Remarks at Georgetown University, “Hard Truths: Law Enforcement and Race,” Feb. 12, 2015, www.fbi.gov/news/speeches/hard-truths-law-enforcement-and-race; Matt Apuzzo and Sarah Cohen, “Data on Use of Force by Police Across U.S. Proves Almost Useless,” N.Y. Times, Aug. 11, 2015, www.nytimes.com/2015/08/12/us/data-on-use-of-force-by-police-across-us-proves-almost-useless.html; Alan Maimon, “National Data on Shootings by Police Not Collected,” Las Vegas Rev. J., Nov. 28, 2011, www.reviewjournal.com/news/deadly-force/142-dead-and-rising/national-data-shootings-police-not-collected; Naomi Shavin, “Our Government Has No Idea How Often Police Get Violent with Civilians,” New Republic, Aug. 25, 2014, www.newrepublic.com/article/119192/police-use-force-stats-us-are-incomplete-and-unreliable. In May 2015, President Barack Obama announced a Police Data Initiative to help forces like that of Camden, New Jersey, make basic policing data available. Megan Smith and Roy L. Austin, Jr., “Launching the Police Data Initiative,” The White House Blog, May 18, 2015, 6:00 a.m., www.whitehouse.gov/blog/2015/05/18/launching-police-data-initiative. However, the program has “run into privacy hurdles” because some departments are reluctant to share data out of officers’ privacy concerns. Gregory Korte, “White House Plan for Police Data Initiative Could Face Obstacles,” USA Today, June 22, 2015, www.usatoday.com/story/news/politics/2015/06/21/white-house-police-data-initiative-privacy-concerns/28952215. One department, Charlotte-Mecklenburg, successfully pressured its City Council to delay a vote agreeing to the data sharing initiative. Steve Harrison, “CMPD Postpones University Officer Study,” Charlotte Observer, June 11, 2015, www.charlotteobserver.com/news/local/article23787358.html.

  10.  Jennifer Valentino-Devries, “Sealed Court Files Obscure Rise in Electronic Surveillance,” Wall St. J., June 2, 2014, 10:33 p.m., www.wsj.com/articles/sealed-court-files-obscure-rise-in-electronic-surveillance-1401761770; Rachel A. Harmon, “The Problem of Policing,” Mich. L. Rev. 110 (2012): 808 (disciplinary records); Samuel Walker and Carol A. Archbold, The New World of Police Accountability, 2nd ed. (2013), 106–15 (early intervention systems); Sam Adler-Bell, “Beware the ‘Stingray,’” U.S. News and World Rep., Mar. 13, 2015, 10:45 a.m., www.usnews.com/opinion/articles/2015/03/13/stingray-lets-police-spy-on-cellphones-and-they-want-to-keep-it-secret; Kim Zetter, “Emails Show Feds Asking Florida Cops to Deceive Judges,” Wired, June 19, 2014, 9:04 p.m., www.wired.com/2014/06/feds-told-cops-to-deceive-courts-about-stingray; Jeb Rubenfeld, “The End of Privacy,” Stan. L. Rev. 61 (2008): 102 (emphasis in original), quoting Press Release, White House Office of the Press Sec’y, “President Bush: Information Sharing, Patriot Act Vital to Homeland Security, Apr. 20, 2004, https://georgewbush-whitehouse.archives.gov/news/releases/2004/04/20040420-2.html; James Risen and Eric Lichtblau, “Bush Lets U.S. Spy on Callers Without Courts,” N.Y. Times, Dec. 16, 2005, www.nytimes.com/2005/12/16/politics/bush-lets-us-spy-on-callers-without-courts.html.

  11.  Oren Bar-Gill and Barry Friedman, “Taking Warrants Seriously,” Nw. U. L. Rev. 106 (2012): 1666.

  12.  Brief of American Civil Liberties Union et al. as Amicus Curiae in Support of Respondents, p. 15, Florida v. Bostick, citing State v. Kerwick, 512 So.2d 347, 349 (Fla. 4th DCA 1987).

  13.  Florida v. Bostick, 501 U.S. 429, 431 (1991); Tia Mitchell, “Drug Agents Prowl City Bus Stations,” Florida Times-Union, Oct. 20, 2002, http://jacksonville.com/tu-online/stories/102002/met_10741892.shtml#.VfRpN3t4iDp; Brief of American Civil Liberties Union et al. as Amicus Curiae in Support of Respondents at 5–15, Florida v. Bostick, 501 U.S. 429 (No. 89-1717) (“three thousand bags” [citing State v. Kerwick, 512 So.2d 347, 349 (Fla. 4th DCA 1987)]);. Brief of Petitioner at 3–5, Bostick v. State, 554 So.2d 1153 (Fla. 1989) (No. 70996) (78,000 bus passengers); Brief of Respondents at 3n4, United States v. Drayton, 536 U.S. 194 (2002) (No. 01-631).

  14.  See Florida v. Bostick, 510 U.S. at 437–39; U.S. v. Drayton, 536 U.S. at 200, 207–208; Ohio v. Robinette, 519 U.S. 33, 46–48 (1996) (Stevens, J., dissenting) (“Repeated decisions by ordinary citizens to surrender that interest cannot satisfactorily be explained on any hypothesis other than an assumption that they believed they had a legal duty to do so.”) [citations omitted]); Los Angeles Police Department, Arrest, Discipline, Use of Force, Field Data Capture and Audit Statistics and the City Status Report Covering Period of January 1, 2006–June 30, 2006, at 8, 10 (2006), http://assets.lapdonline.org/assets/pdf/consent_decree_rpt_jan_jun_2006.pdf (reporting that 36,583 out of 36,612 pedestrians granted consent to search). Accord Michelle Alexander, The New Jim Crow: Mass Incarceration in the Age of Colorblindness (2012), 63–86 (discussing law enforcement use of consent searches, and their close cousin, pretext searches).

  15.  Brief of Respondents, at 3n4, Drayton, 536 U.S. 194; Charles Carter Dep. at 22–24.