Tuesday, January 31, 2023

Body-cams and the Tyre Nichols killing

 

https://www.wsj.com/video/series/on-the-news/tyre-nichols-video-memphis-releases-police-body-cam-footage/A8527C8B-5764-405C-BE77-9271DF89A27F

 

I trust everyone has seen the body cam footage of the horrific inhuman treatment Tyre Nichols. The importance of body cam recordings in this case are critical in showing how this killing of another black man being stopped by unmarked police vehicles for no apparent reason. We only see one body-cam in the initial stop turned on. One officer had his camera fall off and one officer did not turn his camera on. But one can see the brutality in the first stop by officers from a special crime unit named the Scorpions.

Tyre managed to escape the beating from the first three officers at the traffic stop, only to be tackled at another location closer to his home. The five officers who beat Tyre at the second location, just 1000 yards from his home, were fired and charged with second degree murder. Questions surrounding the other police officers who were there are still unanswered as of today. We did learn that the one white officer (Preston Hemphill) at the first traffic stop is heard saying in the video, “I hope they stomp his ass” was relieved of duty Jan 7th and the other officer there has not been identified yet, or charged.

Today we leaned from the Globe, the Memphis Fire department dismissed 2 EMT technicians and 1 Lieutenant. An investigation determined that all three violated “multiple policies and protocols”.

And just a few hours ago we learned that the police reports filed by the officers that were there don’t match what was captured on video.

I suspect there is much more information the cops know and aren’t releasing the information. One thing is very clear to me is that the black police chief is going to lose her job and many high-ranking officials will as well. Every officer that was there should be charged criminally for not intervening. How a group of vigilante cops can operate with no supervision is criminal.

And today our FPD issued a statement on the Tyre Nichols death.

https://patch.com/massachusetts/framingham/framingham-police-disturbed-video-tyre-nichols-death?utm_term=article-slot-1&utm_source=newsletter-daily&utm_medium=email&utm_campaign=newsletter

 

 

Tuesday, January 17, 2023

Calling all veterans and thier families: Starting Jan. 17, Veterans in suicidal crisis

 In case anyone knows of a veteran who may need some help. There are way to many veterans who commit suicide and the government recognizes this now. Anything the VA can do to help prevent those who have served our country deserve the best effort from us.  

Starting Jan. 17, Veterans in suicidal crisis can go to any VA or non-VA health care facility for free emergency health care. Please read.

https://www.va.gov/opa/pressrel/pressrelease.cfm?id=5852

Thursday, January 5, 2023

A dark day in Framingam's history

 Today January 5th will mark the 12-year anniversary of the unjustifiable killing of Mr. Eurie Stamps a 68-year-old retired disabled Grandfather at the hands of FPD. On the 10th year anniversary many residents gathered at a Black Lives Matter demonstration at the Memorial building demanding action on the Stamps families request to review the case. Middlesex County DA Marion Ryan pledged to the family and the residents of this Town that she would revisit the case and ask the FBI for forensic help. All we have heard since then is that the State Police have been to the address where the killing took place and made “measurements”.

The 12th anniversary of Mr. Stamp’s tragic death some things have changed and some things have not. Transparency in general has not always been seen from law enforcement in this case but I hope that we can see the results of the FBI review soon.

I filed a FOIA request with DA Ryan’s office in Jan of 2022 seeking the results of the FBI investigation. The DA’s office did ask and I granted a 2-week delay in their response to me over my FOIA request. I’m still waiting for a reply.

 

This segment by NECN is worth watching to get a complete picture of how this tragedy started, what was reported happened and interviews under oath with the people that were there. Interesting enough was the fact the FPD was exploring body cams back then. Imagine what we would have seen on the body cams back then and stands as a reminder that body cams are still not used here in Framingham.

 

https://www.necn.com/news/local/full-video-the-case-of-eurie-stamps-sr/2460976/

Wednesday, January 4, 2023

Travel around Framingham, your being surveilled

The ALPR's (Automated License Plate Readers) are taking a snap shot of your license plate every time you pass one of these readers. I have no way of knowing how many of these plate readers are deployed, but the last number of plate readers that didn't work were here for 10 years was 12.The equipment was purchased without oversight as anything FPD buys with law enforcement trust funds does not need local legislative approval. But the policy that dictates their use in Framingham should be approved by our city council, in my opinion. I understand the usefulness of these to law enforcement, especially after a crime has been committed using a vehicle of some sort. But to keep track of everyone's travel is an invasion of our rights to freely travel wherever we like without police tracking our every move. The company that sold us the equipment ensures us that there are protocols built in to the storage and retrieval of license plates recordings on their servers. The records are kept for 30 days, unless FPD wants to save some for future investigative purpose. Supposedly, all FPD personal will be trained and how to use the system and entry to the data will be pass word driven. Knowing how well FPD kept track of the keys to the evidence room years ago, I'm skeptical that the system will not be abused or even hacked. I'm posting the policy so everyone can read what the guidelines are from the policy not yet approved by the council or perhaps they won't be.  Here's the latest policy (my highlighted) which is not on the web site:

FRAMINGHAM POLICE DEPARTMENT

 Next Review Date: Annually

Subject: Automated License Plate Readers (ALPR) Effective Date:

09/01/2022

Category: General Management

Expiration Date: Indefinite

 

MASSACHUSETTS POLICE ACCREDITATION STANDARDS

REFERENCED: 41.3.9 POLICY

100-40

Distribution:

Police Department

Issuing Authority

Lester Baker Lester

Baker, Chief of Police

 GENERAL CONSIDERATIONS AND GUIDELINES

I. PURPOSE

The purpose of this Policy is to establish guidelines and procedures for the proper use and application of automatic license plate recognition (ALPR) systems, the management of the data, and the maintenance of the equipment.

II. POLICY

The availability and use of ALPR systems have provided many opportunities for the enhancement of law enforcement agencies' productivity, effectiveness, and protection of public and officer safety. It is the policy of this Department to only utilize the technology in

furtherance of official and legitimate law enforcement operations and public safety. All members of this Department are expected to abide by the guidelines set forth herein when using ALPR systems.

                     

III. ACRONYMS AND DEFINITIONS

Alert: A visual and/or auditory notice that is triggered when the ALPR system receives a potential hit on a license plate.

Alert data: Information captured by an ALPR relating to a license plate that matches the license plate on a hot list.

ALPR: Automatic License Plate Recognition. Automatic license plate recognition technology uses high-speed cameras combined with sophisticated computer algorithms capable of converting the images of license plates to electronically readable data. The ALPR system captures an image of a license plate and converts it to a text file using Optical Character Recognition (OCR) technology. The technology also compares the digital images of license plates to the CJIS-NCIC Hot file database.

ALPR data: Scan files, alert data generated by, or obtained thorough, utilization of the ALPR system.

ALPR Data Query Logs: A record of a search or query of ALPR data.

ALPR System: The ALPR camera and all associated equipment and databases.

Department: Framingham Police Department.

Fixed ALPR system: ALPR cameras that are permanently affixed to a structure, such as a pole, a traffic barrier, or a bridge.

GPS: Global positioning system.

Hit: An alert that a license plate matches a record maintained in the ALPR database related to stolen vehicles, wanted vehicles, or other alert type files that support investigation or which have been manually registered by a user for further investigation.

Hot list: License plate numbers of vehicles of interest, such as stolen vehicles, vehicles owned by persons of interest, and vehicles associated with AMBER Alerts. Be on Look Out (BOLO), Attempt to Locate (ATL), and Wanted or Missing Person broadcasts or bulletins in which a license plate number is included, or other license plate numbers of interest entered by the Department or an authorized officer.

Mobile ALPR system: ALPR cameras that are affixed to a law enforcement vehicle for mobile deployment.

Portable ALPR system: ALPR cameras that are transportable and can be moved and deployed in a variety of venues as needed, such as a traffic barrel or speed radar sign.

IV. PROCEDURES

A. General

ALPR systems and associated equipment and databases are the property of Flock Safety and authorized for official department use only. Misuse of this equipment and associated databases or data may be subject to sanctions and or disciplinary actions, as determined by the rules, regulations and policy of the Department.

B. Administration

I. The Department shall designate the Commander of Bureau of Investigations or his/her designee with administrative oversight as the ALPR Administrator for the ALPR system deployment, operations, and maintenance. The ALPR Administrator shall be responsible for the following:

(a) Establishing protocols for access, collection, storage, and retention of ALPR data and associated media files. The data is stored by Flock Safety for 30 days unless downloaded for investigative purposes;

(b) Utilize protocols to preserve and document ALPR reads and “alerts” or “hits” that are acted on in the field or associated with investigations or prosecutions;

(c) Utilize protocols to establish and ensure the security and integrity of data captured, stored, and/or retained by the ALPR system;

(d) Ensuring the proper selection of the personnel approved to operate the ALPR system and maintaining an adequate number of trained and authorized users;

(e) Maintaining records identifying approved ALPR deployments and documenting their results, including appropriate documentation of significant incidents and arrests that are related to ALPR usage:

(f) Authorizing any requests for ALPR systems use or data access according to the policies and guidelines of this agency;

(g) Managing and securing the downloaded data, including requests for searches of the ALPR data, hot lists.

(h) Flock Safety will ensure that designated, trained personnel check equipment on a regular basis to ensure functionality and camera alignment and removing from service any equipment that falls outside expected functionality until deficiencies have been corrected.

(i) Ensuring users are not using ALPR for personal reasons or to harass or intimidate.

(j) Ensuring plates are only read while in the public view.

(k) Ensuring the system or associated scan files are not used solely because of a person or group’s class, race, gender, religion, sexual orientation, political affiliation, nationality, ethnicity, disability or other classification protected by law.

2. ALPR systems repairs shall be made by Flock Safety.

C Automatic License Plate Recognition System Usage

I. ALPR systems and information shall be accessed and used only for official and legitimate law enforcement operations and public safety related purposes, and may only be used based on specific and articulable facts of a concern for safety, wrongdoing, criminal investigation, or pursuant to a court order.

2. Searches of historical ALPR data shall be done in accordance with established departmental policies and procedures.

3. Only users who have been designated by the ALPR Administrator and properly trained in the use and operational protocols of the ALPR system shall be permitted to use the system.

Only those users with an approved login and password will be allowed access to the ALPR system.

4. The agency ALPR Administrator shall ensure that any changes in hardware, software, policy that would impact the end user will be communicated to the department.

5. The use of ALPR technology must be approved by the agency head or designee.

6. When an enforcement action, investigation, or prosecution results from an ALPR hit, the hit will be preserved per department policy.

7. ALPR hot lists and data gathered by departmental ALPRs will be maintained securely.

8. Requests for searches of ALPR data to the ALPR Administrator may be made by members of this Department or by other law enforcement agencies subject to the provisions of this

Policy. 41.3.9 A

D. Operational Procedures and Responsibilities

1. Any observed damage or misalignment or malfunction of the ALPR camera systems should be reported immediately to a supervisor. Damage in the field to a camera system should be documented and referred to the department administrator.

2. Department users should update hotlist as necessary. 41.3.9 B

E. Manual Entry of Data

I. Users may become aware of additional potential license plate numbers of interest and may request those license plate numbers be entered into the Department hot list. License plates may be entered only when directed or authorized by a shift supervisor or Detective

Lieutenant or his/her designee and only for official and legitimate law enforcement or public safety operations.

2. A second party check must be conducted on all manual entries.

3. Manual entries may include, but should not be limited to, an AMBER Alert, Missing Person, Be on Look Out (BOLO), Attempt to Locate (ATL), or Wanted or Missing Person broadcast or bulletin in which a license plate number is included. Such manual entries must be manually updated when the information changes or is no longer current.

4. Whenever a plate is manually entered into the ALPR system, the officer shall document the reason. 41.3.9 D

F. ALPR Alerts/Hits

Prior to initiation of a stop based on a hit or alert:

a) Users shall visually verify that the vehicle plate number matches the plate number run by the ALPR system, including both alphanumeric characters of the license plate and the state of issuance.

(b) Users shall verify the current status of the plate through the Commonwealths Criminal Justice Information System (CJIS), National Crime Information Center (NCIC), Departments Records Management System (RMS), or other appropriate source of data prior to a stop when circumstances allow or as soon as practicable.

 V. Information Management/Security

A. ALPR Data Query Logs

I. An automated log will be maintained for each transaction that will include the name of the individual accessing the data, along with the date and time of access.

2. Requests to review stored ALPR data and search results will be recorded and maintained.

3. ALPR Data Query Logs shall be maintained and secured.

4. Audits shall be conducted periodically at the discretion of the Chief of Police.

B. ALPR Data Sharing and Dissemination

l. ALPR data can be accessed, retrieved, or shared for official and legitimate law enforcement operations or public safety purposes only.

2. Dissemination of ALPR data outside the Department shall be documented in a secondary dissemination log, as determined by the rules and regulations of the Department.

3. Information sharing among law enforcement agencies, other than the DCJIS, should be governed by departmental policies or memoranda of understanding.

4. Information gathered or collected, and records retained by Flock cameras or any other FPD ALPR system will not be sold, accessed, or used for any purpose other than legitimate law enforcement or public safety purposes. 41.3.9 E, F

 C. Retention

The ALPR administrator is responsible for ensuring systems and processes are in place for the proper collection and retention of ALPR data. All ALPR data downloaded should be stored in accordance with the established records retention schedule.

Flock will purge their data at the end of the 30 days of storage. However, this will not preclude FPD from maintaining any relevant data obtained from the system after that period pursuant to the established state retention schedule mentioned above or outlined elsewhere. 41.3.9 G

 D. Training

User training is through a Flock tutorial link which is made available through the administrator, Flock and can be found on “S drive”. User and administrative training can also be requested through Flock. Department Administrator will receive initial administrative training through a Flock representative. 41.3.9 C

https://www.flocksafety.com