ACLU-Nebraska: Because Freedom Can't Protect Itself

FOR IMMEDIATE RELEASE

March 25, 2013

CONTACT:  Becki Brenner, (402) 476-8091, This e-mail address is being protected from spambots. You need JavaScript enabled to view it

LINCOLN - ACLU of Nebraska Executive Director Becki Brenner released the following statement in response to an online video of an Omaha Police Department incident last week:

Whenever there is an allegation of misconduct, it has the potential to undermine a community’s trust in law enforcement. I am pleased that the Omaha Police Department has said they will investigate this incident and the ACLU intends to monitor the situation.

The goal of criminal justice policies should be to keep our communities safe, treat people fairly, and use taxpayer dollars wisely. Any allegation of misconduct has the potential to interfere with all of these goals. Law enforcement officials, most of whom do their jobs professionally, are not able to keep communities safe if they have lost the trust of individuals in their community.

No matter what the facts were in this particular instance, the Omaha Police Department has a responsibility to build trust with the community they serve. Allegations such as this are not new, so we renew our calls to have the United States Department of Justice conduct an external investigation of the Omaha Police Department.

Militarization of Local Law Enforcement Erodes Civil Liberties, Encourages Overly Aggressive Policing

FOR IMMEDIATE RELEASE
March 6, 2013 

CONTACT: Amy Miller, (402) 476-8091, This e-mail address is being protected from spambots. You need JavaScript enabled to view it ; Tom Rosenthal, (212) 549-2582; This e-mail address is being protected from spambots. You need JavaScript enabled to view it

LINCOLN – American Civil Liberties Union of Nebraska and affiliates in 22 other states today simultaneously filed public records requests to determine the extent to which the states are using federally subsidized military technology and tactics that are traditionally used overseas.

"Equipping state and local law enforcement with military weapons and vehicles, military tactical training, and actual military assistance to conduct traditional law enforcement erodes civil liberties and encourages increasingly aggressive policing, particularly in poor neighborhoods and communities of color," said Kara Dansky, senior counsel for ACLU's Center for Justice. "We've seen examples of this in several localities, but we don't know the dimensions of the problem."

ACLU of Nebraska has filed a public records request with the Nebraska National Guard, seeking information regarding:

• Cooperative agreements between local police departments and the National Guard counter-drug program
• Incidents of National Guard contact with civilians
• Whether the National Guard is loaning or leasing Light Armored Vehicles (LAV) to local law enforcement agencies

"Nebraskans deserve to know how military weapons and tactics are being used for everyday policing," said Amy Miller, ACLU of Nebraska Legal Director. "The militarization of local police is a threat to Americans' right to live without fear of military-style intervention in their daily lives. We need to make sure these resources and tactics are deployed only with rigorous oversight and strong legal protections. Tanks don't belong in Nebraska towns."

Additional law enforcement agencies in Nebraska will be asked to provide similar information in the next few weeks.

Affiliates from the following states filed the public records requests: Arizona, Connecticut, Delaware, Florida, Georgia, Hawaii, Maine, Massachusetts, Michigan, Missouri, Mississippi, Montana, New Jersey, North Carolina, Pennsylvania, Rhode Island, South Carolina, Texas, Utah, West Virginia, Washington, Wisconsin. Once the information has been collected and analyzed, if needed, the ACLU will use the results to recommend changes in law and policy governing the use of military tactics and technology in local law enforcement.

ACLU of Nebraska has previously participated in open records requests seeking information on Automated License Plate Readers ("ALPR") and GPS trackers. The ACLU discovered that multiple law enforcement agencies were using these technologies but with minimal policies and training behind them. "We have done open records requests on use of ALPRs and GPS tracking in this state, and discovered that modern technology has arrived in Nebraska, but few policies or procedures have been developed yet in response to those new technologies," noted Miller.

The ALPR requests done by ACLU Nebraska last year revealed some disturbing realities about the use of technology. Omaha Police Department, Lincoln Police Department and the Nebraska State Patrol were all asked about their use of ALPRs. All three departments are using ALPRs with no written policies, written procedures and no guidelines regarding the use of the technology, data retention, or sharing of the data with third parties. Combined, these three departments spent over $150,000 on ALPR units.

The Nebraska State Patrol units have been used to read thousands of plates but at the time of the NSP evaluation, not a single hit was generated, though many false hits were initially given. While the technology is intended only to check license plates as cars rapidly move down the roads, the NSP admits to using the reader "during a gang funeral" in Omaha to conduct surveillance.

"Whether its GPS trackers, License Plate Readers or tanks in towns – the people of Nebraska have the right to know what police tools their taxpayer dollars are being spent on," said Miller.

You can learn more about responses to this previous request online at www.aclu.org/plates.

A copy of ACLU of Nebraska's letter to the Nebraska National Guard is available on our website at www.aclunebraska.org. An overview of this nationwide effort can be found at www.aclu.org/militarization.

‘I have the right to take pictures’ says teen.

FOR IMMEDIATE RELEASE
June 19, 2012
CONTACT: Amy Miller, (402) 476-8091, This e-mail address is being protected from spambots. You need JavaScript enabled to view it

LINCOLN – 19 year old Caitlin Hoer was at a New Year's Eve party in Blair and arrested by Washington County deputies for “obstructing an officer.” She was not drinking, though some of her friends were. She did not physically interfere with law enforcement and when given a breathalyzer, she tested 0. Her crime: recording police as they apprehended friends for alcohol violations.

“I know police have hard jobs, but I have the right to take pictures when I'm worried about how my friends are being treated by police. Getting arrested was embarrassing, my reputation in the community is tarnished, and it seemed like it was just retaliation for me standing up for my rights,” says Hoer.

Today ACLU Nebraska Legal Director Amy Miller sent a letter to all Nebraska sheriffs and police chiefs informing them of court precedent that, according to the letter, “the First Amendment permits the public to record law enforcement engaged in public duties.”

“Our message to the public is simple: you have every right to photograph police,” says ACLU Legal Director Amy Miller. “We have provided this information to law enforcement to prevent Nebraska tax-payers from paying for the costly litigation that we have seen in other states. Caiti’s case is just one of the many complaints we’ve had from across the state. Nebraskans have been ordered to stop taking pictures or recording in public by police in small towns as well as in Omaha and Lincoln, so we know this is a statewide problem in need of a solution.”

In May, the Department of Justice provided official guidance to law enforcement in response to a complaint brought by the ACLU of Maryland. “Now that we have this guidance from the DOJ, we think it is important that law enforcement take steps to ensure individual rights to photograph police are not violated,” said Miller.

Additionally, ACLU Nebraska provides “Know Your Rights” resources on its website, include information about rights for photographers.

“Our Know Your Rights materials and trainings save tax-payer dollars by giving the public tools to discuss matters with law enforcement before a violation and costly litigation occur,” said Miller.

Read more about Caitlin's story and another report recieved by ACLU Nebraska.

Individuals can learn about their rights to photograph law enforcement here.

Both Caitlin and Jesse were charged with 'obstructing an officer' for photographing police. Learn about your rights to photograph police and see what ACLU Nebraska is doing to defend your rights!

Caitlin Hoer

In Washington County, 19 year old Caitlin Hoer was at a New Year's Eve party in Blair. Deputies arrived and arrested some teens for alcohol violations. Caitlin was not drinking, tested zero on a breathalizer, and had committed no crime, but she was worried about how the deputies were treating some of the partygoers, so she used her cell phone to start recording the arrests. An officer told her she would be arrested if she didn't stop recording and demanded she turn over her phone. Caitlin refused to give up her property without a warrant, and she was arrested for "obstructing an officer," a charge that was very quickly dismissed by the prosecutor. Caitlin says "I know police have hard jobs, but I have the right to take pictures when I'm worried about how my friends are being treated by police. Getting arrested was embarrassing and seemed like it was just retaliation for me standing up for my rights.

Jesse McGhee

Jesse McGhee is a 41 year old African American business owner. Last July, he was at the Native Omaha Days street festival with friends and family. He'd been carrying his videocamera to record the relaxed festivities, but it became an important piece of equipment when Omaha Police started to arrest his girlfriend. Jesse knew the battery was low, but turned on his camera hoping to capture the interaction. An officer ordered him to hand over the camera. Jesse refused, since the officer did not have a warrant and Jesse hoped the video would help prove the police were using excessive force against his girlfriend. The police Tased Jesse, seized his camera and placed him under arrest for "resisting arrest" and "obstruction of justice," charges which were later dropped entirely by the prosecutor. Jesse only got his camera back after the ACLU accompanied him to the police headquarters to retrieve it. Unfortunately, the battery had run out and no footage was available of the incident. McGhee says, "I am a law-abiding taxpayer. Why would the police try to stop me from filming unless they were worried they are being caught doing something wrong? I know other people at the same festival were told they couldn't take pictures of police, too. This should make everyone worry what the police are hiding from."