Feeds:
Posts
Comments

Posts Tagged ‘4th Amendment’

Hat-On-High“A little piece of you,
The little piece in me
Will Die
For this is not America”

It’s a song (HERE) by jazz fusion band Pat Metheny Group, Lyle Mays and rock singer David Bowie.

The song is profound and meaningful – and absolutely perfect for today’s circumstances.  But, I’ve gotten ahead of myself.

I’m an avid HDTV watcher.  The last few days I’ve spent time on the RETRO (RetroPlex) channel.  Interestingly there’s been an increase of movies about disillusioned civilian contractors working in the U.S. Government on the line-up.  Covert operations complete with code names, spy camera’s that even Bond would be envious.

someone-talkedIn the 1970’s it was called the “black vault” (classified communications center).  Move forward 30+ years and it’s a data center called PRISM which serves as a communication facility to vacuum up information on millions of private citizens in contradiction to the 4th amendment.

And while we’re on the topic, I was under the impression that the NSA hired Ph.D’s with military service, but now we learn that Edward Snowden, a low-level IT technician making $200K a year – only in America could a civilian contractor who didn’t graduate high school or complete college make $200K – used a banned USB thumb drive to smuggle documents.

I just don’t understand the lack of outrage about his salary, but I’m off point.

Mr. Snowden stated that he justified smuggling documents because the intelligence community had become the United Stasi of America – a reference of the surveillance powers over their own citizens that the East German Stasi – the secret police in the former Democratic Republic of East Germany.

Stanley R. Mickelsen Safeguard Complex (MSR)

Stanley R. Mickelsen Safeguard Complex (MSR)

Is this déjà vu all over again?

You might recall that back in 1979, journalist Robert Lindsey chronicled the true story of Andrew Daulton Lee and Christopher John Boyce.  Two high school buddies from good families who were tried and convicted of espionage.  Boyce’s FBI agent father landed the floundering 21-year-old a job at TRW who developed and manufactured satellites for the CIA.  Boyce became disillusioned after learning about the CIA activity to remove Australia’s Prime Minister Gough Whitlam because he wanted to close U.S. military bases.  With Lee’s help, Boyce set out to sell government secrets to the Soviets.

Stanley R. Mickelsen Safeguard Complex (MSR) - Radar

Stanley R. Mickelsen Safeguard Radar – “Prairie Pyramid”

In 1985, the book was turned into a film called The Falcon and the Snowman.

As I watched the movie on RETRO, I was reminded of my employment at ITT/Federal Electric Corporation.  I worked at the Stanley R. Mickelsen Safeguard Complex (MSR) or as the locals called it, the “prairie pyramid.”  It was the only operational ABM (Anti-ballistic Missile) defense system.  It’s mission was to defend the continental U.S. from a ballistic missile attack from the USSR or China.  And similar to the movie, security requirements of any installation housing nuclear weapons are specific and extensive.  There were 30 Spartans (long-range intercepts) and 70 Sprint (close-in intercepts) missiles on the complex.  I initially worked at the MSR (Missile Site Radar) facility for about a year prior to receiving a restricted access clearance.  I was then moved to the RSL (Remote Site Launch) facilities which housed the close-in intercept missiles and on many occasions had access to “exclusion areas” (nuclear missile field) in the facility.  The RSL’s were hardened against nuclear blast and were capable of operating autonomously while “buttoned up” during an attack.

RSL (Remote Site Launch) #2

Stanley R. Mickelsen Safeguard Complex – RSL (Remote Site Launch) #2

After all these years the Edward Snowden story speaks to me, both at a national level and from the mundane working world.

Christopher Boyce justified his actions by claiming he was selling information in the hopes of fostering peace between the Soviet Union and the U.S.  Or there was Daniel Ellsberg who in 1971, as a leading Vietnam War strategist concluded that America’s role in the war was based on decades of lies so he leaked 7,000 pages of top-secret documents to the New York Times.  It was a daring act that ultimately helped lead to Watergate, President Nixon’s resignation and the end of the war.  Do you recall when Nixon stated: “Quit making national hero’s out of those who steal secrets and publish them in the newspaper.”

Spartan commemorative plaque in Langdon, N.D.

Spartan commemorative plaque in Langdon, N.D.

Unfortunately in 2013 this all sounds similar.

Then in Oregon we have the “slippery slimy” Senator Ron Wyden who tried to cast himself in a positive light.  Being on the Intelligence Committee, he had been briefed and knew the answer, but ask the Director of National Intelligence, James Clapper, “do you collect telephone data on millions or hundreds of millions of Americans?”  Mr. Clapper should have duck the question – neither confirm or deny here in open session – but instead he provided the least “untruthful answer” – or LIED.

Hey, I want to defeat the terrorists as much as the next guy, but harvesting data on millions of innocent American’s…  I don’t recall signing up for that or empowering a despotic government here in the U.S.

And long before PRISM there was Good Will Hunting.  Why shouldn’t I join the NSA?  It’s a classic!

You might wonder where Christopher Boyce is now?  In 1977 he was convicted of espionage and spent time in various federal prisons.  In 1980, he made headlines when he escaped from Lompoc, CA., and remained on the run for 19 months while supporting himself by robbing banks in the Pacific Northwest.  In 1997, he was released from the medium-security prison in Sheridan, OR., and sent to a halfway house in San Francisco.  He married Cait Boyce, the woman who helped him fight for parole.  In 2003 at the age of 50 years old, he was released from the halfway house.  He remains free, but on parole until 2046, his original release date.  Mr. Lee was paroled in 1998.

Photos courtesy of U.S. Army, some taken by author at the Stanley R. Mickelsen Safeguard Complex (MSR) – near Nekoma, and Langdon, N.D.   Note: On the Falcon & the Snowman soundtrack the name of the song – This Is Not America is “Chris.”

All Rights Reserved © Northwest Harley Blog
Advertisements

Read Full Post »

DPSST Tactical Village

I arrive at the mock Rogue River Bar.  It could very well be your average motorcycle enthusiast bar, complete with pool tables, fridge and beer taps.  It’s all part of “Tactical Village” – a sprawling complex with faux buildings, roadways, cars, buses and the typical neighborhood debris you’d find in any urban environment.  This area was also referred to as Scenario Village which as the name implies is for various training scenarios to simulate real-world incidents.

Tactical supervisor Capt. Ed Thompson provided instruction as he led the group of exercises.  Today the press participants would be acting as a police officer in various situations.  We were briefed on gun safety, shooting and while the Glock’s only fired paint-pellet bullets they did have enough velocity to sting and leave substantial marks.

Demonstration by Lt. Daryl Tate (L) and Officer Jason Brown (R)

I’ve experienced confusion at motorcycle rallies when ask to respond to conflicting instructions from multiple law enforcement officials, but nothing prepared me for my first “routine” patrol stop.  The patrol car radio blasted a somewhat inaudible message about the ’96 Dodge Stratus with Idaho plates that I had pulled over for a traffic violation was involved in an arm robbery – I cautiously exited the patrol car collecting my thoughts as a rather large man (~300 pounds) exits the Dodge on the driver side – I shout out to stay in the automobile, the man doesn’t comply – I shout again for the man to stop, but he continues to walk toward me and the patrol car with one hand in a back pocket – I notice he has an angry and aggressive physical demeanor.   Now I’m using all the techniques from earlier in the day… defining the threat (Intent; Means; Opportunity) when at about 20 feet from the police car I see the man pull a gun.  My first thought was WTF? this can’t be happening.  In addition I had tunnel vision and didn’t see his partner exit the scene…I was so focused on that gun.  Having no police gun/holster experience didn’t help and my attempt to pull my firearm was delayed by safety snaps — Gunshots sounded.  The officer (me) was hit by 4 paint ball pellets.  No blood was spilled, but I was dead in less than 20 seconds!  It was about that time when one of the instructors stated “experience is the knowledge you needed 1 minute ago”… a bit flipant, but I’ve got to give ‘em that one.

Officer Jason Brown (L) Explains Scenario in Tactical Village

For several hours we responded to chaotic, dangerous or unpredictable situations in an effort to serve others. The exercises really hit home and made me re-think law enforcement’s role and the second guessing of intentions. With sincere respect to families of people shot by police, including Aaron Campbell’s, what most people killed by police have in common is that they were running from the law, threatening to harm someone or failing to obey police commands. That doesn’t mean they deserve to be shot, but it does complicate an officer’s job and forces the type of split-second decisions police make.   I believe Capt. Rau stated during training that “Nobody wins these situations, you survive them.”  We continued into the afternoon with the academy’s interactive video training program called MYLO (Multiple Interactive Learning Objectives) which used a Glock laser firearm vs. paint-pellets.   It’s a computerized model capable of running hundreds of scenario’s ranging from domestic disturbance to school shootings.  The situations are intense and life like even if displayed on a video screen.

Tactical Village

At the end of the day I was tired from the adrenaline rush and participating in a number of these scenarios (I was hit so many times I looked like a member in the Blue Man Group!).  Near the end of the day we received an overview from Michael Slauson (Sr. Assistant Attorney General, Oregon DOJ) on SB 111 (2007) and requirements for each county (36 in total) to have a deadly force plan which outlines a number of minimum requirements around police officer mental health and making information available to the public.  In all there were more than 25 people involved in delivering this training.  Unfortunately the mainstream media/press turnout was dismal.  Why?  Fox News (TV12), Albany, Corvallis (Gazettetimes.com) and a local neighborhood paper called The Skanner participated.  While the small class size made for high-quality individual training the absence and the opportunity for the mainstream press to help influence perceptions was a disappointment.

After all the scenarios I wasn’t so sure who would want to be a police officer?  Why would anyone be willing to serve, given the beatings the bureau gets from a rush-to-judgment public and the second-guessing of officers. Instead of officer retraining, maybe we should talk about citizen retraining, so critics will at least wait until they have all the facts of a case before calling in the high-profile, paid-to-incite activists.

Part 1 is HERE.

Tactical Village photo courtesy of Gazettetimes.com, other photos taken by author on scene.

All Rights Reserved © Northwest Harley Blog

Read Full Post »

DPSST Admin Building

Earlier this week I attended a day-long training session at the Oregon Public Safety Academy (DPSST) about Deadly Force used in making an arrest.

It took some persistence, but I was able to convince the Department of Public Safety that independent bloggers DO have a community voice and should be included along with “mainstream” media. To that end I was afforded the opportunity to fully participate in the Salem event and want to provide a major shout-out to Cmdr. Cameron Campbell and PIO and OSP Trooper Lt. Gregg Hastings!

So why was I there and what’s the 411?

You may recall last month’s fatal shooting of Aaron M. Campbell by a Portland police officer which sparked intense scrutiny on the use of deadly force.  The 25-year-old African-American was shot and killed by a white police officer after he emerged from a Northeast Portland apartment where officers had been called to perform a welfare check on a suicidal, armed man.  The shooting prompted national attention, including public protests and marches by members of the Albina Ministerial Alliance, and a high profile drive-by visit to Portland by none other than the infamous Rev. Jesse Jackson.  I’m not going to cover all the details and anyone who wants to have an opinion about this police shooting really needs to read the nearly 500 pages of grand jury transcripts.  Or if you prefer The Oregonian can provide summary information HERE.

DPSST Admin Building (Back)

The law enforcement agencies were quick to realize that when a police officer shoots an unarmed person because the officer fears for her/his life – this is a huge contributor to the tension and distrust that the public might feel on the streets – so it prompted the Oregon Police Trainers to offer the media some unique training to learn about the realities in use-of-force incidents.  Basically in 8 hours we received what police officers receive during the 16 week training program.

Not surprisingly, a recent CNN/Opinion Research Corp survey found that 56% of Americans think the government has become so large and powerful that it poses an immediate threat to their rights and freedoms.  And with that, in some communities, there is a deep-seated distrust of police and a fear that interaction with them has the potential to turn violent.

Yes, I’m white and feel that police are here to protect me and work for me.  I can’t represent or fully appreciate through a racial lens what African-American people feel.  I can say that as a motorcycle enthusiast I’ve experienced law enforcement arrogance that allows an armed professional to be held less responsible than a typical citizen to control motorcyclists or rally crowds and make them stay “in their place.”  That mentality comes from people who believe that their time is more valuable than ours. It comes from an arrogance that says that our actions are supposed to make their lives easier, not the other way around.

Then I spent two hours in a class room with Lorraine Anglemier (Deputy DA and Judge) getting a comprehensive overview on the use of force and Oregon statues and my views started to evolve.  The conversation went well beyond typical discussions of force continuums or matrixes.  The focus was on how the use of force must be understood in a comprehensive manner to ensure proper force decision making.  She covered statutory authority and limits, State and federal case law, prevention and tactical consideration.  We were reminded of the Bill of Rights and the 4th Amendment along with the Oregon equivalent (Article 1, Section 9).  Then came State v. Bates, 304 OR519 (1987) followed by Graham v. Connor, 490 U.S. 386 (1989) and how excessive force is analyzed (deadly or not) under the 4th Amendment’s “objective reasonableness” standard.  Then we dissected the “Graham Factors” and whether the totality of circumstances justifies a particular sort of action.  Yeah, it was heady stuff and as a person who has trouble with a motorcycle rental agreement this had my head severely spinning.

After another 30 minute presentation by Capt. Raymond Rau on the physical effects of being in a high-stress situation and the traumatic effects of being involved in a shooting I made my way down to the “Tactical Village” … I’m fitted with face protection, a bullet proof vest, holster, a Glock firearm and extra clips/bullets (paint balls) to undertake my urban training scenario’s … I kept replaying what Ms. Angelmier stated… the standard “reasonableness at the moment” applies not with 20/20 hindsight in my head.

This is a multi-post article… Part 2 HERE on Tactical Village.

All Rights Reserved © Northwest Harley Blog

Read Full Post »

%d bloggers like this: