Throughout history, mankind has struggled with the conflict between good and evil, traditionally considered a cornerstone of the human condition. The National Museum of Crime & Punishment (NMCP) dissects both the overarching concept of crime and the dark side of the criminal mind; explores the techniques and methodologies employed by law enforcement agencies and the government to investigate and often solve such crimes; and through intensely interactive and highly-personalized scenarios, simulates the consequences associated with punishment, incarceration and rehabilitation.
Five unique and distinct galleries burrow deep into the studies of criminal intent, criminal profiles, serial killers, issues associated with crime, the prison system, victims, crime prevention and more. The NMCP provides America's most thorough and comprehensive study of the development and evolution of crime and punishment.
And by presenting the concept of crime and punishment through the eyes of both the criminal and the crime fighter – from the offense through the sentencing and imprisonment process – the NMCP presents the fascinations of this everyday reality, like never before.
Source:http://crimemuseum.org/
Favorite Quotes
Thursday, May 29, 2008
Internet Scams and fraud watchdog site
Unfortunately, as we hear every single day, being smart is NOT enough to protect yourself from dangerous Internet scams, frustrating spam, or devious identity theft
Source:http://www.scambusters.org/
Source:http://www.scambusters.org/
Tuesday, May 27, 2008
Constitutional Rights watchdog website
"Protect Your Constitutional Rights During Police Encounters".
Website provides current rulings etc.
Link: http://www.flexyourrights.org/
Website provides current rulings etc.
Link: http://www.flexyourrights.org/
Ten Indicted for Pretexting in "Operation Dialing for Dollars"
This is an excerpt from the Government, regarding Private Investigators and pretexting!!!!!!
The TORRELLAs and their employees used a variety of strategies to trick the government agencies to provide them information they wanted. With the IRS they would impersonate the taxpayer and ask for past tax returns, claiming that a bookkeeper was being investigated for embezzlement. On other occasions they would similarly claim to be the taxpayer, in the hospital awaiting surgery, and needing the tax returns to demonstrate to the hospital that they could pay for the services. In calls to various agencies and financial institutions the "pretexters" claimed various hardships such as being a battered spouse, facing bankruptcy, foreclosure or serious illness. In one case the pretexter tried to claim she needed the information because a child had been abducted. BRANDY TORRRELLA called pharmacies and hospitals posing as someone from the subject's doctor's office, for the purpose of obtaining medical information. The TORRELLAs then forwarded all the information they obtained to the private investigators for fees ranging from $30 to $300 per record. "Citizens have the right to expect that their private information will be kept private, especially when it's in the hands of the US Government," said Terry K. Peacock, Special Agent in Charge of the Treasury Inspector General for Tax Administration in Denver, Colorado. "Through the coordinated efforts of the United States Attorney's Office, TIGTA, SSA-OIG, and DOL-OIG, and other Washington State Agencies, we have taken a big step forward with these indictments in protecting the public and their personal information from individuals who would illegally obtain and misuse this information."
For the full article: http://www.usdoj.gov/criminal/cybercrime/torellaIndictment.htm
The TORRELLAs and their employees used a variety of strategies to trick the government agencies to provide them information they wanted. With the IRS they would impersonate the taxpayer and ask for past tax returns, claiming that a bookkeeper was being investigated for embezzlement. On other occasions they would similarly claim to be the taxpayer, in the hospital awaiting surgery, and needing the tax returns to demonstrate to the hospital that they could pay for the services. In calls to various agencies and financial institutions the "pretexters" claimed various hardships such as being a battered spouse, facing bankruptcy, foreclosure or serious illness. In one case the pretexter tried to claim she needed the information because a child had been abducted. BRANDY TORRRELLA called pharmacies and hospitals posing as someone from the subject's doctor's office, for the purpose of obtaining medical information. The TORRELLAs then forwarded all the information they obtained to the private investigators for fees ranging from $30 to $300 per record. "Citizens have the right to expect that their private information will be kept private, especially when it's in the hands of the US Government," said Terry K. Peacock, Special Agent in Charge of the Treasury Inspector General for Tax Administration in Denver, Colorado. "Through the coordinated efforts of the United States Attorney's Office, TIGTA, SSA-OIG, and DOL-OIG, and other Washington State Agencies, we have taken a big step forward with these indictments in protecting the public and their personal information from individuals who would illegally obtain and misuse this information."
For the full article: http://www.usdoj.gov/criminal/cybercrime/torellaIndictment.htm
Monday, May 26, 2008
Protect Consumer Identity
Protect consumers from Identity Theft by providing them with the means of determining whether their credit card or other personal information has been compromised and help global Internet merchants reduce online fraud by identifying transactions containing compromised data.
We collect compromised data from cyberspace and make it available in "real time" to consumers and merchants. CardCops began scouring cyberspace for compromised credit cards & personal data in 2000 and has supplied information to Visa USA, the FBI, the Secret Service, various Attorneys General offices, and other law enforcement agencies. CardCops now makes this data available to individual consumers and online merchants so they may better protect themselves from identity theft and fraudulent transactions.
http://cardcops.com/
We collect compromised data from cyberspace and make it available in "real time" to consumers and merchants. CardCops began scouring cyberspace for compromised credit cards & personal data in 2000 and has supplied information to Visa USA, the FBI, the Secret Service, various Attorneys General offices, and other law enforcement agencies. CardCops now makes this data available to individual consumers and online merchants so they may better protect themselves from identity theft and fraudulent transactions.
http://cardcops.com/
Saturday, May 24, 2008
All on one page Search Engine
All on one page search engine, this website is a useful tool for the investigator.
Link: http://www.person.langenberg.com/
Link: http://www.person.langenberg.com/
Friday, May 23, 2008
The website for everything Genealogical
This is the website for everything genealogical, provides numerous links for finding people all over the world.
Source: http://www.cyndislist.com/
Source: http://www.cyndislist.com/
Thursday, May 22, 2008
World IP address map often to the nearest city
Find the geographical location of an IP address - often to the nearest city
Source: http://www.networldmap.com/
Source: http://www.networldmap.com/
Mail Drop Search Form
Use this form to search a database of more than 40,000 mailing, shipping, and packaging stores, US Post Offices and other mail drops. You must supply at least the city and state or the zip code.
Source: http://www.finaid.org/scholarships/maildropsearch.phtml
Source: http://www.finaid.org/scholarships/maildropsearch.phtml
Wednesday, May 21, 2008
Lender Directory from Lane Guide
The leading lender directory since 1957, the Lane Guide has been widely used by the industry to locate information concerning payoffs, demands, verifications, returned check disposition, loss mitigation, REO contacts, bank/lender mergers, acquisition references, mortgage discharges and other types of financial information. The Lane Guide lists over 140,000 open and closed lenders, creditors and banks nationwide.
Listings include complete mailing address, phone and fax numbers, toll-free information lines, credit rating policies, bureaus reported to, rating hours and more. We maintain cross-references on all closed institutions so you can locate the current location of loan records. All this information is available in regional print editions or nationwide on CD-ROM and Internet. Each printed edition includes lenders nationwide which lend or service in that region
Source: http://www.laneguide.com/
Listings include complete mailing address, phone and fax numbers, toll-free information lines, credit rating policies, bureaus reported to, rating hours and more. We maintain cross-references on all closed institutions so you can locate the current location of loan records. All this information is available in regional print editions or nationwide on CD-ROM and Internet. Each printed edition includes lenders nationwide which lend or service in that region
Source: http://www.laneguide.com/
Skeptical of Polygraph's you should be
Psychologists do not think either the CQT or the DLT is scientifically sound, but a majority surveyed by the American Psychological Association think that the Guilty Knowledge Test is based on sound scientific theory and consider it "a promising forensic tool." However, they "would not advocate its admissibility [in court] in the absence of additional research with real-life criminal cases." One major problem with this test is that it has no controls. Also, unless the investigators have several pieces of insider information to use in their questioning, they run the risk of making a hasty conclusion based on just one or two "deviant" responses. There may be many reasons why a subject would select the "insider" choice to a question. Furthermore, not responding differently to the "insider" choices for several questions should not be taken as proof the subject is innocent. He or she may be a sociopath, a psychopath, or simply a good liar.
For more information and related articles: http://skepdic.com/polygrap.html
For more information and related articles: http://skepdic.com/polygrap.html
Innocent people in prison project
The Innocence Project’s groundbreaking use of DNA technology to free innocent people has provided irrefutable proof that wrongful convictions are not isolated or rare events but instead arise from systemic defects. Now an independent nonprofit organization closely affiliated with Cardozo School of Law at Yeshiva University, the Innocence Project’s mission is nothing less than to free the staggering numbers of innocent people who remain incarcerated and to bring substantive reform to the system responsible for their unjust imprisonment.
Another Police misconduct website
This website has lots of relevant information concerning Police misconduct.
http://www.badcopnews.com/
http://www.badcopnews.com/
Tuesday, May 20, 2008
Google, to store medical records online
Google health, is a service that archives medical records and helps patients find medical services.
the actual safety of keeping medical records on the internet, will play a huge role for everyone.
Google Health link:
https://www.google.com/accounts/ServiceLogin?service=health&nui=1&continue=https%3A%2F%2Fwww.google.com%2Fhealth%2Fp%2F&followup=https%3A%2F%2Fwww.google.com%2Fhealth%2Fp%2F&rm=hide
the actual safety of keeping medical records on the internet, will play a huge role for everyone.
Google Health link:
https://www.google.com/accounts/ServiceLogin?service=health&nui=1&continue=https%3A%2F%2Fwww.google.com%2Fhealth%2Fp%2F&followup=https%3A%2F%2Fwww.google.com%2Fhealth%2Fp%2F&rm=hide
Private Investigator Convicted of Racketeering
The nine week trial of Hollywood private investigator Anthony Pellicano often had seamy plot lines and suspense worthy of a movie: death threats, offers of murder and extramarital affairs.
But for those who believe they were targets of Pellicano's ruthless tactics, reality could be terrifying. Their cars were vandalized, their homes broken into and, worst of all, they say, their private conversations were wiretapped....
Read the full article:
http://ap.google.com/article/ALeqM5h8VkRAmBJP4W-r_lP94s7AIhORwAD90MLL3O0
But for those who believe they were targets of Pellicano's ruthless tactics, reality could be terrifying. Their cars were vandalized, their homes broken into and, worst of all, they say, their private conversations were wiretapped....
Read the full article:
http://ap.google.com/article/ALeqM5h8VkRAmBJP4W-r_lP94s7AIhORwAD90MLL3O0
Monday, May 19, 2008
Public defender indicted thanks to a Private Investigator
Christopher T. Adams has been indicted on 35 counts of making false statements and theft for allegedly ripping off the county of over $40,000 by submitting false invoices for work that he allegedly did not perform. Adams is also charged with attempted to recruit another individual to help him with his scheme, a private investigator who instead reported Adams.
Click below for the full article:
http://www.northcountrygazette.org/2008/05/18/padding_invoices/
Click below for the full article:
http://www.northcountrygazette.org/2008/05/18/padding_invoices/
Friday, May 16, 2008
Police abuse/misconduct website
Using available technology, the Police Complaint Center documents and investigates alleged incidents of police abuse. Our staff are students, researchers, attorneys, former police officers and licensed private investigators. We believe that many police organizations have done a poor job of protecting the public from abusive officers. Our primary service is assisting victims of misconduct with reporting complaints to appropriate enforcement agencies. We also investigate police and sheriffs deputies that are accused of abusive behavior.
Source:http://www.policeabuse.com/
Source:http://www.policeabuse.com/
Mock Juror trial observations
Over the last decade, jury reform commissions, judges, and jury scholars have advocated
the adoption of a variety of innovative trial procedures to assist jurors in complex trials. These
include reforms as prosaic as juror notetaking through more controversial changes such as
allowing jurors to ask questions of witnesses or permitting them to discuss the case together
during the trial. Although reform groups have endorsed many of these innovations, there is only
modest evidence about their impact in the courtroom. Research on the effects of the reforms on
juror comprehension of complex scientific and statistical evidence is especially limited.
To study the effects of these trial innovations on jurors, NIJ Visiting Fellow and former
Arizona trial judge B. Michael Dann, Professor Valerie P. Hans, professor of Sociology and
Criminal Justice at the University of Delaware, and law professor David Kaye, Arizona State
College of Law, partnered on this research project. The study, funded by the National Institute
of Justice, examined the use of several jury reform techniques using a controlled mock jury
approach. Mock juries composed of jury pool members watched a videotaped armed robbery
trial, which featured conflicting expert testimony about mitochondrial DNA (mtDNA). Some
mock juries simply watched the videotape and deliberated to a verdict. Others were permitted to
take notes, ask questions about the scientific evidence, use a checklist, or refer to jury notebooks
containing materials about the mtDNA in the case. A total of 60 mock trials were run, 10 for
control purposes and 10 in each of the five experimental conditions.
Jurors reported that all four of the innovations enhanced comprehension and recall of the
mtDNA evidence. A solid majority of jurors gave correct responses on most of the basic
mtDNA knowledge questions. Use of juror notebooks, which included copies of the experts’
PowerPoint slides and a glossary of mtDNA terms, terms, increased juror understanding of the
mtDNA evidence.
The study provides a unique window into how laypersons understand and assess
mitochondrial DNA evidence in court trials.
Source:http://ncsconline.org/d_research/cjs/pdf/NIJ_Draft_Final_Technical_Report_Aug_4_2004.pdf
the adoption of a variety of innovative trial procedures to assist jurors in complex trials. These
include reforms as prosaic as juror notetaking through more controversial changes such as
allowing jurors to ask questions of witnesses or permitting them to discuss the case together
during the trial. Although reform groups have endorsed many of these innovations, there is only
modest evidence about their impact in the courtroom. Research on the effects of the reforms on
juror comprehension of complex scientific and statistical evidence is especially limited.
To study the effects of these trial innovations on jurors, NIJ Visiting Fellow and former
Arizona trial judge B. Michael Dann, Professor Valerie P. Hans, professor of Sociology and
Criminal Justice at the University of Delaware, and law professor David Kaye, Arizona State
College of Law, partnered on this research project. The study, funded by the National Institute
of Justice, examined the use of several jury reform techniques using a controlled mock jury
approach. Mock juries composed of jury pool members watched a videotaped armed robbery
trial, which featured conflicting expert testimony about mitochondrial DNA (mtDNA). Some
mock juries simply watched the videotape and deliberated to a verdict. Others were permitted to
take notes, ask questions about the scientific evidence, use a checklist, or refer to jury notebooks
containing materials about the mtDNA in the case. A total of 60 mock trials were run, 10 for
control purposes and 10 in each of the five experimental conditions.
Jurors reported that all four of the innovations enhanced comprehension and recall of the
mtDNA evidence. A solid majority of jurors gave correct responses on most of the basic
mtDNA knowledge questions. Use of juror notebooks, which included copies of the experts’
PowerPoint slides and a glossary of mtDNA terms, terms, increased juror understanding of the
mtDNA evidence.
The study provides a unique window into how laypersons understand and assess
mitochondrial DNA evidence in court trials.
Source:http://ncsconline.org/d_research/cjs/pdf/NIJ_Draft_Final_Technical_Report_Aug_4_2004.pdf
Private Investigators and legal videography
The Mission of the National Legal Video Association is to promote professionalism, ethics, uniformity and specialized skills for individuals and companies involved in the field of legal videography in order to perfect the quality, availability, and efficiency of the legal video medium. As the professional association for legal videographers, the NLVA is committed to serving its members, the court systems and the bar. The Purpose of the National Legal Video Association is to create and improve upon the understanding of the role of the legal videographer among members, customers, attorneys, judges, the court system, legislators and regulators, and the bar to ensure that NLVA members are the preferred professionals who capture the video record.
Source: http://www.nlva.com/
Source: http://www.nlva.com/
The Law Guru
Legal forms, legal questions, database search etc. can be found on this site.
Some of the subjects covered on this site:
Legal research tools
legal dictionary
law guru wiki
weird and dumb laws
bookstore
article library
legal plans
source: http://www.lawguru.com/
Some of the subjects covered on this site:
Legal research tools
legal dictionary
law guru wiki
weird and dumb laws
bookstore
article library
legal plans
source: http://www.lawguru.com/
Thursday, May 15, 2008
How accurate are eyewitnesses and photo arrays?
This is just one local case in Lynn, MA but it proves how important Private Investigators are in the Justice system.
Lynn man's alibi checks out in shooting
By Dan O'Brien / The Daily ItemLYNN -
Police arrested a Lynn man Wednesday believing he fired a gun outside Classical High School on Friday, resulting in a lockdown.But when Many Keo, 19, got to court, authorities were forced to dismiss all the charges against him after his alibi checked out.Keo was arrested shortly after midnight Wednesday morning and charged with discharging a firearm within 500 feet of a building and illegal possession of a firearm and ammunition.According to police reports, two eyewitnesses to Friday afternoon's shooting on O'Callaghan Way pointed out Keo as the shooter in a photo line-up.As Keo was being arraigned, prosecutors sought a $15,000 bail. But at some point during the arraignment, Keo's alibi was called into question.According to a police source, Keo claimed he was at work when the shooting occurred.
For full article:
http://www.thedailyitemoflynn.com/articles/2008/05/15/news/news06.txt
Lynn man's alibi checks out in shooting
By Dan O'Brien / The Daily ItemLYNN -
Police arrested a Lynn man Wednesday believing he fired a gun outside Classical High School on Friday, resulting in a lockdown.But when Many Keo, 19, got to court, authorities were forced to dismiss all the charges against him after his alibi checked out.Keo was arrested shortly after midnight Wednesday morning and charged with discharging a firearm within 500 feet of a building and illegal possession of a firearm and ammunition.According to police reports, two eyewitnesses to Friday afternoon's shooting on O'Callaghan Way pointed out Keo as the shooter in a photo line-up.As Keo was being arraigned, prosecutors sought a $15,000 bail. But at some point during the arraignment, Keo's alibi was called into question.According to a police source, Keo claimed he was at work when the shooting occurred.
For full article:
http://www.thedailyitemoflynn.com/articles/2008/05/15/news/news06.txt
Wednesday, May 14, 2008
The Electronic Evidence Information Center
Investigators will find this link useful,
"Welcome to the E-Evidence Information and Resource site. Within these pages, you will find a compilation of links to material related to all aspects of Digital Forensics and Electronic Evidence.
This site was a 'side effect' of my research and learning process conducted in connection with my ongoing Computer Forensic Research, in my search to find timely material to share with the Computer Forensic community.
I had found few sites providing more than a handful of resources, or links to other sites that may contain such material (see 'Links to Links' for a compilation of other such sites). So, I have decided to share this compilation of resources with the Digital Forensics community".
Source: http://www.e-evidence.info/index.html
"Welcome to the E-Evidence Information and Resource site. Within these pages, you will find a compilation of links to material related to all aspects of Digital Forensics and Electronic Evidence.
This site was a 'side effect' of my research and learning process conducted in connection with my ongoing Computer Forensic Research, in my search to find timely material to share with the Computer Forensic community.
I had found few sites providing more than a handful of resources, or links to other sites that may contain such material (see 'Links to Links' for a compilation of other such sites). So, I have decided to share this compilation of resources with the Digital Forensics community".
Source: http://www.e-evidence.info/index.html
Transportation Security Administration blog
This blog is sponsored by the Transportation Security Administration to facilitate an ongoing dialogue on innovations in security, technology and the checkpoint screening process.
Source: http://www.tsa.gov/blog
Source: http://www.tsa.gov/blog
Tuesday, May 13, 2008
Are Fingerprints foolproof?
Weighing Fingerprints As Forensic Evidence
Sunday Morning: After Judge Disallows Print Analysis From Trial, Experts Debate How Foolproof Can Fingerprints Be?
May 4, 2008
(CBS) As anyone who's ever read a crime novel or watched a cop show knows, there's nothing like a fingerprint to convict the guilty and exonerate the innocent … except, that is, when it doesn't. Long the unquestioned standard of identification, fingerprinting is coming under fire, and some courts are taking notice. Erin Moriarty of 48 Hours has our Cover Story:
Fingerprints - they are a universal symbol of identity. The ridges which allow us to grasp objects form a complex mix of whorls, arches and loops, believed to be unique to each person. Not even identical twins have identical fingerprints. Which is why fingerprint analysis plays a huge role in solving crimes. Once a cop, now a criminology professor at the University of Maryland, Tom Mauriello says the best way to track down criminals is still the old fashioned way: dusting for prints. "It's the most common physical evidence that we find- at a crime scene," Mauriello said. "'Cause when two objects touch each other they take on characteristics of each other. And there's always fingerprints everywhere." Fingerprint analysis was first used in an American court to convict a killer in 1911. Since then, as any fan of "CSI" knows, criminal investigation has become a lot more high-tech. After almost a century, fingerprint analysis remains a widely-accepted forensic tool. But that may be about to change. "Without question, fingerprint evidence is considered to be, by juries, actual evidence of guilt, incontrovertible evidence of guilt. And, unfortunately, the reality is far different than that," says attorney and forensic expert Patrick Kent. Kent, who's with the Maryland Public Defender's Office, says that while DNA evidence is a science, fingerprint analysis is basically an art. "It's never been tested," he said. "It's never been shown to be accurate. They don't even have a standard way that they do fingerprint comparisons." "Are you saying fingerprint evidence shouldn't be allowed?" Moriarty asked. "My answer, unequivocally, is that it should not," Kent said. And in a decision last fall that shocked lawyers across the country, a judge in Maryland agreed. She threw out the fingerprint evidence tying the defendant Brian Keith Rose to murder. Glen Langenburg, a fingerprint examiner with the Minnesota State Crime lab, says the jury in that case was actually being denied very valuable evidence. "I'm not saying that it is foolproof," Langenburg said, "and is that the standard, that in order to use evidence in court it must be perfect? I mean the irony is, eyewitness testimony gets in every time. I mean, no one ever challenges eyewitness testimony." The judge's decision in the Rose case could jeopardize thousands of criminal investigations nationwide. "She called fingerprint evidence 'a subjective, untested, unverifiable identification procedure.' How do you respond to that?" asked Tom Bush of the Federal Bureau of Investigation. "I don't believe there's evidence to support that type of decision." Tom Bush runs the FBI's West Virginia complex which processes as many as 140 thousand fingerprints a day. He says the department has been using prints to catch criminals for more than 80 years, which means a lot of bad guys (and their fingers) have left a lasting impression, like Al Capone, Pretty Boy Floyd and George "Machine Gun" Kelly. Today, with the automated fingerprint I.D. system which stores tens of millions of prints from criminal arrests and employment background checks, analysis can take just minutes. Police from around the country can contact the system and get a response in just hours. And how reliable is this system? "We believe our system to be in the high 98-percentile accurate," Bush said.
Is that the standard, that in order to use evidence in court it must be perfect? I mean the irony is, eyewitness testimony gets in every time. I mean, no one ever challenges eyewitness testimony.
Fingerprint examiner Glen LangenburgBut if fingerprint analysis is so accurate, why did the Baltimore County judge in the Brian Rose case refuse to allow it as evidence? Because of what happened to another man in Portland, Oregon. On May 6, 2004, FBI agents came to Mona Mayfield's home with a search warrant. "They sat at the kitchen table and the gentleman opened up his briefcase and he said, 'This bag was found in the van, 20 minutes away from the Madrid Spain bombing,"' Mayfield said. "'And your husband's fingerprint was on it.'" "It was surreal. It was just surreal. My first impression, 'No way. There's gotta be a mistake.'" Just two months earlier, terrorists had bombed four commuter trains in Madrid, killing almost 200 people. An international investigation led to Brandon Mayfield, Mona's husband, an American lawyer who converted to Islam. Mayfield was arrested after a smudged partial print, found on a bag of detonators, was matched to his - not by one FBI examiner, but three. "I honestly felt that I was being framed," Brandon Mayfield said, "because I hadn't been out of the country for ten years." Mayfield, an Army veteran, had no criminal record and no ties to terrorist groups. His lawyer brought in an independent examiner with the hope of clearing his name. That person, as well, told Mayfield, "It's your fingerprint." "That was a very dark day for me, to say the least. I'd probably been in jail in lockdown for over two weeks. I was tired. I was just being worn thin." Mayfield's family was in a quasi-lockdown as well. Mona said people were thinking she was married to a terrorist. "I didn't want to let my kids out of the house," she said. "I didn't want to send them to school. I was afraid for their safety." Two weeks after Mayfield's arrest, Spanish investigators found the man to whom the fingerprint really belonged. And if Spanish police hadn’t found the real source of that print, where would Brandon Mayfield likely be today? According to Patrick Kent,"There's no question that Mr. Mayfield would be sentenced either to life or sentenced to death. No question."
It turns out a partial, distorted print, like the one the FBI had, often yields multiple potential matches. In fact, when the Madrid print was put into the government's automated system, 20 different prints with similarities came up, including Mayfield's. After the first FBI examiner mistakenly matched the print to Mayfield, the other two confirmed it. The Bureau has since promised "procedural reforms," but Kent says he isn't buying it. "The problem is, how many Mayfields are there?" he said. "If the best, by their admission, can make such a glaring error in a high-profile case when they knew the world was watching, what is happening in the counties, in the countryside, in areas where we don't, quote, 'have the best of the best?'" But examiner Glen Langenburg believes this case is not the norm: "I'm always concerned if an innocent person has to go to jail, of course. But I not concerned it's a rampant issue, that this is happening every single day, that people are [wrongly] going to jail on fingerprint evidence. I just don't believe it." Brandon Mayfield was released and received a public apology from the FBI - along with a $2 million legal settlement. "I was looking at much more severe consequences, and had no idea and felt totally helpless and had no idea how my family was gonna take care of themselves, or what's going to become of me," he said. "I just want to leave it in the past," Mona Mayfield said, "but of course, it's gonna affect me, it's always gonna affect me. I mean, even for my children, it's always going to affect them for the rest of their lives." As for Brian Keith Rose in Maryland, he's still facing murder charges. The case has now been moved to federal court where the judge is expected to allow in the fingerprint evidence. "Mr. Mayfield is not an aberration," Kent said. "Mr. Mayfield is a public face of many people in jail. It leaves me sleepless, quite candidly, because in fact it not that it just scares me to death, it's evidence that they use to put people to death."
Court Ruling: Judge disallows Fingerprint Analysis in court:
http://www.baltimoresun.com/media/acrobat/2007-10/33446162.pdf
Source: http://www.cbsnews.com/stories/2008/05/04/sunday/main4069140.shtml?source=RSSattr=HOME_4069140
Sunday Morning: After Judge Disallows Print Analysis From Trial, Experts Debate How Foolproof Can Fingerprints Be?
May 4, 2008
(CBS) As anyone who's ever read a crime novel or watched a cop show knows, there's nothing like a fingerprint to convict the guilty and exonerate the innocent … except, that is, when it doesn't. Long the unquestioned standard of identification, fingerprinting is coming under fire, and some courts are taking notice. Erin Moriarty of 48 Hours has our Cover Story:
Fingerprints - they are a universal symbol of identity. The ridges which allow us to grasp objects form a complex mix of whorls, arches and loops, believed to be unique to each person. Not even identical twins have identical fingerprints. Which is why fingerprint analysis plays a huge role in solving crimes. Once a cop, now a criminology professor at the University of Maryland, Tom Mauriello says the best way to track down criminals is still the old fashioned way: dusting for prints. "It's the most common physical evidence that we find- at a crime scene," Mauriello said. "'Cause when two objects touch each other they take on characteristics of each other. And there's always fingerprints everywhere." Fingerprint analysis was first used in an American court to convict a killer in 1911. Since then, as any fan of "CSI" knows, criminal investigation has become a lot more high-tech. After almost a century, fingerprint analysis remains a widely-accepted forensic tool. But that may be about to change. "Without question, fingerprint evidence is considered to be, by juries, actual evidence of guilt, incontrovertible evidence of guilt. And, unfortunately, the reality is far different than that," says attorney and forensic expert Patrick Kent. Kent, who's with the Maryland Public Defender's Office, says that while DNA evidence is a science, fingerprint analysis is basically an art. "It's never been tested," he said. "It's never been shown to be accurate. They don't even have a standard way that they do fingerprint comparisons." "Are you saying fingerprint evidence shouldn't be allowed?" Moriarty asked. "My answer, unequivocally, is that it should not," Kent said. And in a decision last fall that shocked lawyers across the country, a judge in Maryland agreed. She threw out the fingerprint evidence tying the defendant Brian Keith Rose to murder. Glen Langenburg, a fingerprint examiner with the Minnesota State Crime lab, says the jury in that case was actually being denied very valuable evidence. "I'm not saying that it is foolproof," Langenburg said, "and is that the standard, that in order to use evidence in court it must be perfect? I mean the irony is, eyewitness testimony gets in every time. I mean, no one ever challenges eyewitness testimony." The judge's decision in the Rose case could jeopardize thousands of criminal investigations nationwide. "She called fingerprint evidence 'a subjective, untested, unverifiable identification procedure.' How do you respond to that?" asked Tom Bush of the Federal Bureau of Investigation. "I don't believe there's evidence to support that type of decision." Tom Bush runs the FBI's West Virginia complex which processes as many as 140 thousand fingerprints a day. He says the department has been using prints to catch criminals for more than 80 years, which means a lot of bad guys (and their fingers) have left a lasting impression, like Al Capone, Pretty Boy Floyd and George "Machine Gun" Kelly. Today, with the automated fingerprint I.D. system which stores tens of millions of prints from criminal arrests and employment background checks, analysis can take just minutes. Police from around the country can contact the system and get a response in just hours. And how reliable is this system? "We believe our system to be in the high 98-percentile accurate," Bush said.
Is that the standard, that in order to use evidence in court it must be perfect? I mean the irony is, eyewitness testimony gets in every time. I mean, no one ever challenges eyewitness testimony.
Fingerprint examiner Glen LangenburgBut if fingerprint analysis is so accurate, why did the Baltimore County judge in the Brian Rose case refuse to allow it as evidence? Because of what happened to another man in Portland, Oregon. On May 6, 2004, FBI agents came to Mona Mayfield's home with a search warrant. "They sat at the kitchen table and the gentleman opened up his briefcase and he said, 'This bag was found in the van, 20 minutes away from the Madrid Spain bombing,"' Mayfield said. "'And your husband's fingerprint was on it.'" "It was surreal. It was just surreal. My first impression, 'No way. There's gotta be a mistake.'" Just two months earlier, terrorists had bombed four commuter trains in Madrid, killing almost 200 people. An international investigation led to Brandon Mayfield, Mona's husband, an American lawyer who converted to Islam. Mayfield was arrested after a smudged partial print, found on a bag of detonators, was matched to his - not by one FBI examiner, but three. "I honestly felt that I was being framed," Brandon Mayfield said, "because I hadn't been out of the country for ten years." Mayfield, an Army veteran, had no criminal record and no ties to terrorist groups. His lawyer brought in an independent examiner with the hope of clearing his name. That person, as well, told Mayfield, "It's your fingerprint." "That was a very dark day for me, to say the least. I'd probably been in jail in lockdown for over two weeks. I was tired. I was just being worn thin." Mayfield's family was in a quasi-lockdown as well. Mona said people were thinking she was married to a terrorist. "I didn't want to let my kids out of the house," she said. "I didn't want to send them to school. I was afraid for their safety." Two weeks after Mayfield's arrest, Spanish investigators found the man to whom the fingerprint really belonged. And if Spanish police hadn’t found the real source of that print, where would Brandon Mayfield likely be today? According to Patrick Kent,"There's no question that Mr. Mayfield would be sentenced either to life or sentenced to death. No question."
It turns out a partial, distorted print, like the one the FBI had, often yields multiple potential matches. In fact, when the Madrid print was put into the government's automated system, 20 different prints with similarities came up, including Mayfield's. After the first FBI examiner mistakenly matched the print to Mayfield, the other two confirmed it. The Bureau has since promised "procedural reforms," but Kent says he isn't buying it. "The problem is, how many Mayfields are there?" he said. "If the best, by their admission, can make such a glaring error in a high-profile case when they knew the world was watching, what is happening in the counties, in the countryside, in areas where we don't, quote, 'have the best of the best?'" But examiner Glen Langenburg believes this case is not the norm: "I'm always concerned if an innocent person has to go to jail, of course. But I not concerned it's a rampant issue, that this is happening every single day, that people are [wrongly] going to jail on fingerprint evidence. I just don't believe it." Brandon Mayfield was released and received a public apology from the FBI - along with a $2 million legal settlement. "I was looking at much more severe consequences, and had no idea and felt totally helpless and had no idea how my family was gonna take care of themselves, or what's going to become of me," he said. "I just want to leave it in the past," Mona Mayfield said, "but of course, it's gonna affect me, it's always gonna affect me. I mean, even for my children, it's always going to affect them for the rest of their lives." As for Brian Keith Rose in Maryland, he's still facing murder charges. The case has now been moved to federal court where the judge is expected to allow in the fingerprint evidence. "Mr. Mayfield is not an aberration," Kent said. "Mr. Mayfield is a public face of many people in jail. It leaves me sleepless, quite candidly, because in fact it not that it just scares me to death, it's evidence that they use to put people to death."
Court Ruling: Judge disallows Fingerprint Analysis in court:
http://www.baltimoresun.com/media/acrobat/2007-10/33446162.pdf
Source: http://www.cbsnews.com/stories/2008/05/04/sunday/main4069140.shtml?source=RSSattr=HOME_4069140
New sites make it easier to spy on your friends
New Sites Make It Easier To Spy on Your Friends
By VAUHINI VARAMay 13, 2008;
If you are still relying on Google to snoop on your friends, you are behind the curve.
Armed with new and established Web sites, people are uncovering surprising details about colleagues, lovers and strangers that often don't turn up in a simple Internet search. Though none of these sites can reveal anything that isn't already available publicly, they can make it much easier to find. And most of them are free.
Zaba Inc.'s ZabaSearch.com turns up public records such as criminal history and birthdates. Spock Networks Inc.'s Spock.com and Wink Technologies Inc.'s Wink.com are "people-search engines" that specialize in digging up personal pages, such as social-networking profiles, buried deep in the Web. Spokeo.com is a search site operated by Spokeo Inc., a startup that lets users see what their friends are doing on other Web sites. Zillow Inc.'s Zillow.com estimates the value of people's homes, while the Huffington Post's Fundrace feature tracks their campaign donations. Jigsaw Data Corp.'s Jigsaw.com, meanwhile, lets people share details with each other from business cards they've collected -- a sort of gray market for Rolodex data.
Some people have come across dirt on their loved ones without even looking for it. Doug Orlyk, a 42-year-old librarian in Bensenville, Ill., recently turned to ZabaSearch to find his new boyfriend's address so that he could send him a card. Instead, he found out that the boyfriend had been lying about his age -- he was 43 years old, not 35 as he had claimed to be on the dating site where Mr. Orlyk had met him. "I thought, 'You're a liar! You're older than I am!,'" Mr. Orlyk recalls. His new relationship ended soon thereafter.
Others rely on the Web to gather information on the job. Art Feagles, a technology specialist at the Cate School, a private high school in Carpinteria, Calif., runs the computer system for the alumni and development office. But his colleagues, who fund-raise for the school, keep tapping him for another tech skill: researching potential donors online.
Last year, for example, Mr. Feagles wanted to learn more about a potential donor by using the person's address. So he searched for it in Google Inc.'s Google Earth aerial-mapping program, and saw that the address was for a golf-course condominium. From that, he gathered that this was probably a second home, and therefore the person must be rich -- and a good prospect for a donation.
The Web sites, for their part, say they're merely trying to provide services that people will find useful and entertaining. Ray Chen, a cofounder of Spokeo, says he and his partners "don't want to stalk people." Instead, he says, "we're just trying to make something that's fun to use." Zaba CEO Nick Matzorkis says the dissemination of public information online is "a 21st century reality with or without ZabaSearch."
Larry Yu, a Google spokesman, says the use of Google Earth and Maps to glean personal information about others "is not the intent of the products." He touts their other uses, such as helping users visualize driving directions.
Many online sleuths start by signing up for an account on social-networking sites like Facebook Inc. and News Corp.'s MySpace, where they can search for individuals by name. (News Corp. is the publisher of The Wall Street Journal.) An acquaintance's home address can be dug up using ZabaSearch or another public-records search engine; that can then be plugged into Google Maps, where the Street View feature might show an image of the address from the street, or Zillow, which can estimate the value of the home. Those trying to make a business contact might try Jigsaw, which invites users to provide phone numbers, email addresses, job titles and other information from business cards they've collected.
Some popular Web sites make certain content visible to the public by default -- for instance, photos stored on Yahoo Inc.'s photo-sharing service Flickr, favorite online bookmarks on Yahoo's del.icio.us service and wish lists on Amazon.com. If you enter your email address and password into Spokeo.com, the site will build a list of the people on your email-contact lists. Then it tracks those contacts' activities on Web sites such as Flickr, del.icio.us, Amazon, MySpace and online-radio service Pandora Media Inc., sometimes turning up surprising material, from family albums to embarrassing shopping lists.
The bad news, for those who find themselves targeted by snoops: There is no foolproof way to protect yourself from embarrassing personal-data leaks. But you can avoid many mishaps by going to the root of the leak -- that is, by keeping individual pieces of personal data from being made public in the first place. If you don't want people to find your address online, for example, don't list it in local phone books, which often provide data to online address-search services. If you don't want others to see your Amazon wish list or the photos you've stored on Flickr, visit those sites' privacy pages and adjust your settings accordingly.
Some sites use the ability to snoop as a selling point. The Huffington Post's Fundrace feature, which allows users to enter their addresses and see a map showing their neighbors' political donations, uses this come-on: "Want to know ... whether that new guy you're seeing is actually a Republican or just dresses like one?"
Other sites make it easy to accidentally expose embarrassing details about yourself. Amazon's wish-list feature, for example, lets people create public lists of items they want to buy. Says Amazon spokesman Craig Berman, "We make it really clear that these lists are public and searchable." But some people use the feature as a quasi-private things-to-buy-myself list.
Ruth Funabiki, a 57-year-old law librarian in Moscow, Idaho, recently discovered through Spokeo that a friend added something unusual to her wish list on Amazon.com: one of those disposable pads that protects mattresses from bedwetters. "There's a voyeuristic aspect to it," she says. "I'm embarrassed. I shouldn't be looking."
By VAUHINI VARAMay 13, 2008;
If you are still relying on Google to snoop on your friends, you are behind the curve.
Armed with new and established Web sites, people are uncovering surprising details about colleagues, lovers and strangers that often don't turn up in a simple Internet search. Though none of these sites can reveal anything that isn't already available publicly, they can make it much easier to find. And most of them are free.
Zaba Inc.'s ZabaSearch.com turns up public records such as criminal history and birthdates. Spock Networks Inc.'s Spock.com and Wink Technologies Inc.'s Wink.com are "people-search engines" that specialize in digging up personal pages, such as social-networking profiles, buried deep in the Web. Spokeo.com is a search site operated by Spokeo Inc., a startup that lets users see what their friends are doing on other Web sites. Zillow Inc.'s Zillow.com estimates the value of people's homes, while the Huffington Post's Fundrace feature tracks their campaign donations. Jigsaw Data Corp.'s Jigsaw.com, meanwhile, lets people share details with each other from business cards they've collected -- a sort of gray market for Rolodex data.
Some people have come across dirt on their loved ones without even looking for it. Doug Orlyk, a 42-year-old librarian in Bensenville, Ill., recently turned to ZabaSearch to find his new boyfriend's address so that he could send him a card. Instead, he found out that the boyfriend had been lying about his age -- he was 43 years old, not 35 as he had claimed to be on the dating site where Mr. Orlyk had met him. "I thought, 'You're a liar! You're older than I am!,'" Mr. Orlyk recalls. His new relationship ended soon thereafter.
Others rely on the Web to gather information on the job. Art Feagles, a technology specialist at the Cate School, a private high school in Carpinteria, Calif., runs the computer system for the alumni and development office. But his colleagues, who fund-raise for the school, keep tapping him for another tech skill: researching potential donors online.
Last year, for example, Mr. Feagles wanted to learn more about a potential donor by using the person's address. So he searched for it in Google Inc.'s Google Earth aerial-mapping program, and saw that the address was for a golf-course condominium. From that, he gathered that this was probably a second home, and therefore the person must be rich -- and a good prospect for a donation.
The Web sites, for their part, say they're merely trying to provide services that people will find useful and entertaining. Ray Chen, a cofounder of Spokeo, says he and his partners "don't want to stalk people." Instead, he says, "we're just trying to make something that's fun to use." Zaba CEO Nick Matzorkis says the dissemination of public information online is "a 21st century reality with or without ZabaSearch."
Larry Yu, a Google spokesman, says the use of Google Earth and Maps to glean personal information about others "is not the intent of the products." He touts their other uses, such as helping users visualize driving directions.
Many online sleuths start by signing up for an account on social-networking sites like Facebook Inc. and News Corp.'s MySpace, where they can search for individuals by name. (News Corp. is the publisher of The Wall Street Journal.) An acquaintance's home address can be dug up using ZabaSearch or another public-records search engine; that can then be plugged into Google Maps, where the Street View feature might show an image of the address from the street, or Zillow, which can estimate the value of the home. Those trying to make a business contact might try Jigsaw, which invites users to provide phone numbers, email addresses, job titles and other information from business cards they've collected.
Some popular Web sites make certain content visible to the public by default -- for instance, photos stored on Yahoo Inc.'s photo-sharing service Flickr, favorite online bookmarks on Yahoo's del.icio.us service and wish lists on Amazon.com. If you enter your email address and password into Spokeo.com, the site will build a list of the people on your email-contact lists. Then it tracks those contacts' activities on Web sites such as Flickr, del.icio.us, Amazon, MySpace and online-radio service Pandora Media Inc., sometimes turning up surprising material, from family albums to embarrassing shopping lists.
The bad news, for those who find themselves targeted by snoops: There is no foolproof way to protect yourself from embarrassing personal-data leaks. But you can avoid many mishaps by going to the root of the leak -- that is, by keeping individual pieces of personal data from being made public in the first place. If you don't want people to find your address online, for example, don't list it in local phone books, which often provide data to online address-search services. If you don't want others to see your Amazon wish list or the photos you've stored on Flickr, visit those sites' privacy pages and adjust your settings accordingly.
Some sites use the ability to snoop as a selling point. The Huffington Post's Fundrace feature, which allows users to enter their addresses and see a map showing their neighbors' political donations, uses this come-on: "Want to know ... whether that new guy you're seeing is actually a Republican or just dresses like one?"
Other sites make it easy to accidentally expose embarrassing details about yourself. Amazon's wish-list feature, for example, lets people create public lists of items they want to buy. Says Amazon spokesman Craig Berman, "We make it really clear that these lists are public and searchable." But some people use the feature as a quasi-private things-to-buy-myself list.
Ruth Funabiki, a 57-year-old law librarian in Moscow, Idaho, recently discovered through Spokeo that a friend added something unusual to her wish list on Amazon.com: one of those disposable pads that protects mattresses from bedwetters. "There's a voyeuristic aspect to it," she says. "I'm embarrassed. I shouldn't be looking."
Automobile speeding defense website, local information
The National Motorists Association (NMA) was founded in 1982 to represent and protect the interests of North American motorists. We began by combating the 55-mph National Maximum Speed Limit and we continue to support efforts to retain motorists' freedoms and rights. We work for more reasonable speed limits and fight for better driver training, fair enforcement practices and important privacy protections. The NMA believes in freedom and responsibility to make choices, not in "one size fits all" legislation, ticket cameras, unfair driving taxes, revenue-motivated traffic courts and speed traps. The NMA supports traffic laws based on sound engineering principles and public consensus - not political agendas.
The NMA is a grassroots organization supported by membership dues and donations contributed by people just like you. We are motorists joining together to protect our common interests. Beyond influencing national policy, the NMA supports change from the ground up by providing resources to help individuals challenge unjust laws and tickets.
If you share our vision for preserving automotive freedoms then please consider helping the NMA by joining our organization - and learn how the NMA can help you with our many member benefits.
Source: http://www.motorists.org/
The NMA is a grassroots organization supported by membership dues and donations contributed by people just like you. We are motorists joining together to protect our common interests. Beyond influencing national policy, the NMA supports change from the ground up by providing resources to help individuals challenge unjust laws and tickets.
If you share our vision for preserving automotive freedoms then please consider helping the NMA by joining our organization - and learn how the NMA can help you with our many member benefits.
Source: http://www.motorists.org/
Child Abuse, false allegation website
a non-profit organization dedicated to educating professionals and the falsely accused on factual, scientific data regarding child abuse allegations. To that end, we host one of the largest conferences on the topic of false child abuse allegations every 12 to 24 months.
For the falsely accused, we can refer leading professionals from the legal, mental health, and medical fields.
For the defense team, we can provide relevant research, expert referrals, and other resources necessary to be successful at trial.
For those who investigate, substantiate and prosecute claims of child abuse, we can provide resources to aid in objective assessment and conclusions that effectively distinguish genuine abuse victims from children that intentionally or mistakenly make or are coerced to make false allegations.
Source: http://www.falseallegation.org/
For the falsely accused, we can refer leading professionals from the legal, mental health, and medical fields.
For the defense team, we can provide relevant research, expert referrals, and other resources necessary to be successful at trial.
For those who investigate, substantiate and prosecute claims of child abuse, we can provide resources to aid in objective assessment and conclusions that effectively distinguish genuine abuse victims from children that intentionally or mistakenly make or are coerced to make false allegations.
Source: http://www.falseallegation.org/
U.S. justice system information
Truth in Justice is an educational non-profit organized to educate the public regarding the vulnerabilities in the U. S. criminal justice system that make the criminal conviction of wholly innocent persons possible.
When we say "wholly innocent," we mean a person who had absolutely no part in the crime charged. An innocent person is deprived of life, liberty and the opportunity to contribute to society, while the guilty party is free to commit more crimes against unsuspecting victims. In many instances, no crime was committed in the first place -- a suicide is charged as homicide, or an accidental fire is mistaken for arson. How does this happen? Faulty eye witness identification, tunnel vision investigators, over zealous prosecutors, bad science, compromised experts and a politicized judiciary are major factors, along with a credulous public.
Why should you be concerned about wrongful conviction? The cases here make the answer clear: it can happen to anyone, including you. What can you do? Educate yourself. Ask questions. Think. Stop rewarding malfeasance. It starts with just one person. It starts with YOU.
Truth in Justice has over 1,500 pages of information and resources. Please use the google search engine at the right to find the information you need.
Source: http://www.truthinjustice.org
When we say "wholly innocent," we mean a person who had absolutely no part in the crime charged. An innocent person is deprived of life, liberty and the opportunity to contribute to society, while the guilty party is free to commit more crimes against unsuspecting victims. In many instances, no crime was committed in the first place -- a suicide is charged as homicide, or an accidental fire is mistaken for arson. How does this happen? Faulty eye witness identification, tunnel vision investigators, over zealous prosecutors, bad science, compromised experts and a politicized judiciary are major factors, along with a credulous public.
Why should you be concerned about wrongful conviction? The cases here make the answer clear: it can happen to anyone, including you. What can you do? Educate yourself. Ask questions. Think. Stop rewarding malfeasance. It starts with just one person. It starts with YOU.
Truth in Justice has over 1,500 pages of information and resources. Please use the google search engine at the right to find the information you need.
Source: http://www.truthinjustice.org
Monday, May 12, 2008
A government website that gives you tons of government links
A website that gives puts tons of government links at your finger tips, this site makes searching for government information alot easier.
Saturday, May 10, 2008
All-in-one list of search engines and directories
Pandia Powersearch is our all-in-one list of search engines and directories. Search the Web using the search form above, or select one of the categories below to find the best Internet search tools.
Link: http://www.pandia.com/powersearch/
Link: http://www.pandia.com/powersearch/
Private Investigator Job listings
Here are a few Private Investigator Job site/listings:
http://www.indeed.com/jobs?q=+investigator&l=ma
http://www.jobsource.info/jobs.asp?jobquery=investigator&location=ma
http://www.getprivateinvestigatorjobs.com/
http://www.salary.com/careers/layouthtmls/crel_searchjob_LG12000001.html
http://www.careerjet.com/search/jobs?cp=&ct=&l=&s=investigator&sb_lang=
http://www.simplyhired.com/a/jobs/list/t-investigator
http://jobs.myspace.com/a/ms-jobs/list/q-Private+Investigator
http://www.indeed.com/jobs?q=+investigator&l=ma
http://www.jobsource.info/jobs.asp?jobquery=investigator&location=ma
http://www.getprivateinvestigatorjobs.com/
http://www.salary.com/careers/layouthtmls/crel_searchjob_LG12000001.html
http://www.careerjet.com/search/jobs?cp=&ct=&l=&s=investigator&sb_lang=
http://www.simplyhired.com/a/jobs/list/t-investigator
http://jobs.myspace.com/a/ms-jobs/list/q-Private+Investigator
Friday, May 9, 2008
Free Reverse Call Phonebooks, Reverse Email and Cell Phone Lookup Tools
Two website that lists, Free Reverse Call Phonebooks, Reverse Email and Cell Phone Lookup Tools etc.
http://www.freeality.com/findet.htm
http://www.craigball.com/hotlinks.html#findfree
http://www.freeality.com/findet.htm
http://www.craigball.com/hotlinks.html#findfree
Mass. Public Records Info./request
SPR Bulletin NO. 3-03 November 21, 2003
To: Massachusetts State and Local Police AgenciesFrom: Supervisor of Records, Alan N. Cote, RE:
Public record requests and C.O.R.I. Dear Police Professional:
This office has witnessed a dramatic rise in the number of appeals filed by requesters seeking records from police agencies in the recent months. After consultation with several records officers and rank officers in connection with these appeals, I have discovered a troubling trend developing within the police community. This Advisory Opinion is a result of that trend.
The first part of this Opinion is intended to be used as a quick guide for agencies, sort of a “frequently asked questions” section. The second half contains a more thorough analysis of the law. If you have any questions after reviewing this Opinion, please do not hesitate to contact this office at 617-727-2832.
Part I. Rules of Public Records
Anyone can get any police record at anytime upon request. The record may be redacted to remove bits of information such as witness and victim's names and addresses. After a redaction takes place, you must explain in writing to the requester what information was redacted and the specific reasons why the record was sanitized. The remaining portions of the record must then be released.
No one may inquire as to the person’s identity or the motive behind asking for the record. The request may be oral or written. Every requester should get the same record as every other requester; the status or involvement of someone is immaterial. A person actually involved in the incident has no greater rights than anyone else requesting the record.
You cannot require someone get a court order, subpoena or warrant in order to get a copy of a record.
The public records law provides guidelines for the fees to be charged when providing a record. The fees apply to paper as well as electronic, audio or video records.
A written, good faith estimate of the cost for providing a copy of the record must be given to the requester within ten days of the request and if possible, the actual copy of the record must be provided within that same ten days but only after payment of the good faith estimate.
The C.O.R.I. law is extremely misunderstood. Primarily, C.O.R.I. was enacted to allow inmates to resume their lives after incarceration and rehabilitation. It was not enacted to stop the release of police records. The following questions must be analyzed when attempting to redact a record under the C.O.R.I law:
a. Does the information being requested concern a crime for which incarceration is possible?
Each criminal violation must be reviewed to see if the law provides for jail time, if no jail time is possible for the crime the person is charged with, you cannot use the C.O.R.I. law to withhold the information.
b. Does the information being requested concern “evaluative information” as defined in G.L. ch. 6, sec. 167? If so, you cannot use the C.O.R.I. law to withhold the information.
Chapter 6, section 167 defines “Evaluative Information” as records, data, or reports concerning individuals charged with crime and compiled by criminal justice agencies which appraise mental condition, physical condition, extent of social adjustment, rehabilitative progress and the like, and which are primarily used in connection with bail, pre-trial or post-trial release proceedings, sentencing, correctional and rehabilitative planning, probation or parole.
c. Does the information being requested concern “intelligence information” as defined in G.L. ch. 6, sec. 167? If so, you cannot use the C.O.R.I. law to withhold the information.
Chapter 6, section 167 defines “Intelligence Information” as records and data compiled by a criminal justice agency for the purpose of criminal investigation, including reports of informants, investigators or other Persons, or from any type of surveillance associated with an identifiable individual. Intelligence information shall also include records and data compiled by a criminal justice agency for the purpose of investigating a substantial threat of harm to an individual, or to the order or security of a correctional facility.
Most police records (arrest reports, etc) contain this type of information. It is NOT protected by the C.O.R.I. law. Please analyze this step thoroughly.
d. Does the information being requested concern an “identifiable individual” either directly or indirectly? If not, you cannot use the C.O.R.I. law to withhold the information.
Only data which identifies a specific individual or group of individuals can be withheld under C.O.R.I.
e. Does it contain statistical or analytical data where NO individual is identified? If so, you cannot use the C.O.R.I. law to withhold the information.
f. Is the person to whom the information refers alive? The C.O.R.I. protection is expressly lifted on information regarding deceased persons.
g. Does the information sought relate to the nature or the disposition of:
a criminal charge
an arrest
a pre-trial proceeding, or
any other judicial proceeding such as sentencing, incarceration, rehabilitation or release, AND
was the information sought recorded as a result of the initiation of criminal proceedings or other consequent proceeding? If so, C.O.R.I. is available for use in withholding the information.
After this entire analysis has been complete, you will see that pre-arrest reports or data cannot be protected by the C.O.R.I. law. In addition, “intelligence information” such as informants and witness names and surveillance data cannot be withheld under C.O.R.I. This information MAY BE withheld under some other law or exemption, but not C.O.R.I. Please analyze each request to determine the best exemption to be used, if any.
Part II. The Law Behind the Public Records Law
“Public records” is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any town of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26) (2002 ed.).
There is a presumption that ALL governmental records are public records. G. L. c. 66, § 10(c) (2000 ed.); 950 C.M.R. 32.08(4)(emphasis added). There is a presumption that public officials perform their public duties in an honest and impartial manner. Lapointe v. License Bd. of Worcester, 389 Mass. 454, 459 (1983); see also Konover Mgt. Corp. v. Planning Bd. of Auburn, 32 Mass. App. Ct. 319, 326 (1992) (presuming that public officials will perform honestly and impartially).
The thirteen statutory exemptions are strictly and narrowly construed. Attorney General v. Assistant Comm’r of the Real Property Dep’t of Boston, 380 Mass. 623, 625 (1980). Public records, and any non-exempt, segregable portions thereof, are subject to mandatory disclosure upon request. G. L. c. 66, § 10(a) (2002 ed.); see also Reinstein v. Police Comm’r of Boston, 378 Mass. 281, 289-90 (1979) (the statutory exemptions are not blanket in nature).
It is the burden of the record custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § 10(c) (2002 ed.); see also District Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has burden of establishing applicability of exemption).
A custodian of records may not institute a policy or procedure concerning public records that is adverse to the provisions of the Public Records Law and its Regulations. See G. L. c. 66, § 10 (2002 ed.); 950 CMR 32.00.
A custodian may assess a reasonable fee for complying with a public records request. G. L. c. 66, § 10(a) (2002 ed.); see also 950 C.M.R. 32.06(2) (where cost of complying with a public records request is expected to exceed ten dollars ($10.00), custodian shall provide written good faith estimate).
A custodian may charge for search time and copies, however these fees must be reasonable and in compliance with the Regulations set forth in the Public Records Law. See 950 C.M.R. 32.06 (fees for public records). The estimate must be drafted by the custodian.
The Public Records Law provides that a record custodian shall provide any person with a copy of a requested public record upon payment of a reasonable fee. General laws chapter 66, § 10 (2002 ed.) dictates the maximum fees for certain police records and the maximum fees available for all others. Usually, this fee is twenty cents ($.20) per page for a photocopy of a public record. See 950 C.M.R. 32.06(1)(a).
A custodian may also charge a fee if complying with a request requires “search time.” See 950 C.M.R. 32.03 (defining “search time” as the time needed to locate, pull from the file, copy, and re-file a non-computerized public record). The Regulations provide that, in cases where search time is necessary, a custodian may charge a pro-rated fee based on the hourly rate of the lowest paid employee who is capable of performing the task. 950 C.M.R. 32.06(1)(a).
A custodian must base the search time on the lowest paid employee in the department where those records are normally kept. The search fee must reflect the actual cost of complying with a particular request. G. L. c. 66, § 10(a) (2002 ed.).
Conclusion
There is little doubt that MOST police records are public records and must be available to anyone upon request. Exemption (f), the “investigatory exemption” of chapter 4, section 7(26) may be employed by the custodian to allow for the redaction of the names and addresses of witnesses and victims or to remove information on the record which if released, will so prejudice the possibility of effective law enforcement that such disclosure would not be in the public interest.
The burden of proving the prejudicial effect on law enforcement and the balancing test concerning the public interest lies squarely on the shoulders of the custodian. This office will not uphold any claim of an exemption if it is not substantiated by clear evidence.
This office is ready at anytime to provide FREE training and materials to your agency. There is no need to pay for your staff to be trained by third party professionals who may be providing incorrect instruction. If you have any thoughts or comments regarding anything you have read in this Opinion, I urge you to contact this office for clarification.
Sincerely,
Alan N. Cote Supervisor of Records Commonwealth of Massachusetts
Source:http://www.sec.state.ma.us/arc/arcrmu/rmubul/bul303.htm
To: Massachusetts State and Local Police AgenciesFrom: Supervisor of Records, Alan N. Cote, RE:
Public record requests and C.O.R.I. Dear Police Professional:
This office has witnessed a dramatic rise in the number of appeals filed by requesters seeking records from police agencies in the recent months. After consultation with several records officers and rank officers in connection with these appeals, I have discovered a troubling trend developing within the police community. This Advisory Opinion is a result of that trend.
The first part of this Opinion is intended to be used as a quick guide for agencies, sort of a “frequently asked questions” section. The second half contains a more thorough analysis of the law. If you have any questions after reviewing this Opinion, please do not hesitate to contact this office at 617-727-2832.
Part I. Rules of Public Records
Anyone can get any police record at anytime upon request. The record may be redacted to remove bits of information such as witness and victim's names and addresses. After a redaction takes place, you must explain in writing to the requester what information was redacted and the specific reasons why the record was sanitized. The remaining portions of the record must then be released.
No one may inquire as to the person’s identity or the motive behind asking for the record. The request may be oral or written. Every requester should get the same record as every other requester; the status or involvement of someone is immaterial. A person actually involved in the incident has no greater rights than anyone else requesting the record.
You cannot require someone get a court order, subpoena or warrant in order to get a copy of a record.
The public records law provides guidelines for the fees to be charged when providing a record. The fees apply to paper as well as electronic, audio or video records.
A written, good faith estimate of the cost for providing a copy of the record must be given to the requester within ten days of the request and if possible, the actual copy of the record must be provided within that same ten days but only after payment of the good faith estimate.
The C.O.R.I. law is extremely misunderstood. Primarily, C.O.R.I. was enacted to allow inmates to resume their lives after incarceration and rehabilitation. It was not enacted to stop the release of police records. The following questions must be analyzed when attempting to redact a record under the C.O.R.I law:
a. Does the information being requested concern a crime for which incarceration is possible?
Each criminal violation must be reviewed to see if the law provides for jail time, if no jail time is possible for the crime the person is charged with, you cannot use the C.O.R.I. law to withhold the information.
b. Does the information being requested concern “evaluative information” as defined in G.L. ch. 6, sec. 167? If so, you cannot use the C.O.R.I. law to withhold the information.
Chapter 6, section 167 defines “Evaluative Information” as records, data, or reports concerning individuals charged with crime and compiled by criminal justice agencies which appraise mental condition, physical condition, extent of social adjustment, rehabilitative progress and the like, and which are primarily used in connection with bail, pre-trial or post-trial release proceedings, sentencing, correctional and rehabilitative planning, probation or parole.
c. Does the information being requested concern “intelligence information” as defined in G.L. ch. 6, sec. 167? If so, you cannot use the C.O.R.I. law to withhold the information.
Chapter 6, section 167 defines “Intelligence Information” as records and data compiled by a criminal justice agency for the purpose of criminal investigation, including reports of informants, investigators or other Persons, or from any type of surveillance associated with an identifiable individual. Intelligence information shall also include records and data compiled by a criminal justice agency for the purpose of investigating a substantial threat of harm to an individual, or to the order or security of a correctional facility.
Most police records (arrest reports, etc) contain this type of information. It is NOT protected by the C.O.R.I. law. Please analyze this step thoroughly.
d. Does the information being requested concern an “identifiable individual” either directly or indirectly? If not, you cannot use the C.O.R.I. law to withhold the information.
Only data which identifies a specific individual or group of individuals can be withheld under C.O.R.I.
e. Does it contain statistical or analytical data where NO individual is identified? If so, you cannot use the C.O.R.I. law to withhold the information.
f. Is the person to whom the information refers alive? The C.O.R.I. protection is expressly lifted on information regarding deceased persons.
g. Does the information sought relate to the nature or the disposition of:
a criminal charge
an arrest
a pre-trial proceeding, or
any other judicial proceeding such as sentencing, incarceration, rehabilitation or release, AND
was the information sought recorded as a result of the initiation of criminal proceedings or other consequent proceeding? If so, C.O.R.I. is available for use in withholding the information.
After this entire analysis has been complete, you will see that pre-arrest reports or data cannot be protected by the C.O.R.I. law. In addition, “intelligence information” such as informants and witness names and surveillance data cannot be withheld under C.O.R.I. This information MAY BE withheld under some other law or exemption, but not C.O.R.I. Please analyze each request to determine the best exemption to be used, if any.
Part II. The Law Behind the Public Records Law
“Public records” is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any town of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26) (2002 ed.).
There is a presumption that ALL governmental records are public records. G. L. c. 66, § 10(c) (2000 ed.); 950 C.M.R. 32.08(4)(emphasis added). There is a presumption that public officials perform their public duties in an honest and impartial manner. Lapointe v. License Bd. of Worcester, 389 Mass. 454, 459 (1983); see also Konover Mgt. Corp. v. Planning Bd. of Auburn, 32 Mass. App. Ct. 319, 326 (1992) (presuming that public officials will perform honestly and impartially).
The thirteen statutory exemptions are strictly and narrowly construed. Attorney General v. Assistant Comm’r of the Real Property Dep’t of Boston, 380 Mass. 623, 625 (1980). Public records, and any non-exempt, segregable portions thereof, are subject to mandatory disclosure upon request. G. L. c. 66, § 10(a) (2002 ed.); see also Reinstein v. Police Comm’r of Boston, 378 Mass. 281, 289-90 (1979) (the statutory exemptions are not blanket in nature).
It is the burden of the record custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § 10(c) (2002 ed.); see also District Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has burden of establishing applicability of exemption).
A custodian of records may not institute a policy or procedure concerning public records that is adverse to the provisions of the Public Records Law and its Regulations. See G. L. c. 66, § 10 (2002 ed.); 950 CMR 32.00.
A custodian may assess a reasonable fee for complying with a public records request. G. L. c. 66, § 10(a) (2002 ed.); see also 950 C.M.R. 32.06(2) (where cost of complying with a public records request is expected to exceed ten dollars ($10.00), custodian shall provide written good faith estimate).
A custodian may charge for search time and copies, however these fees must be reasonable and in compliance with the Regulations set forth in the Public Records Law. See 950 C.M.R. 32.06 (fees for public records). The estimate must be drafted by the custodian.
The Public Records Law provides that a record custodian shall provide any person with a copy of a requested public record upon payment of a reasonable fee. General laws chapter 66, § 10 (2002 ed.) dictates the maximum fees for certain police records and the maximum fees available for all others. Usually, this fee is twenty cents ($.20) per page for a photocopy of a public record. See 950 C.M.R. 32.06(1)(a).
A custodian may also charge a fee if complying with a request requires “search time.” See 950 C.M.R. 32.03 (defining “search time” as the time needed to locate, pull from the file, copy, and re-file a non-computerized public record). The Regulations provide that, in cases where search time is necessary, a custodian may charge a pro-rated fee based on the hourly rate of the lowest paid employee who is capable of performing the task. 950 C.M.R. 32.06(1)(a).
A custodian must base the search time on the lowest paid employee in the department where those records are normally kept. The search fee must reflect the actual cost of complying with a particular request. G. L. c. 66, § 10(a) (2002 ed.).
Conclusion
There is little doubt that MOST police records are public records and must be available to anyone upon request. Exemption (f), the “investigatory exemption” of chapter 4, section 7(26) may be employed by the custodian to allow for the redaction of the names and addresses of witnesses and victims or to remove information on the record which if released, will so prejudice the possibility of effective law enforcement that such disclosure would not be in the public interest.
The burden of proving the prejudicial effect on law enforcement and the balancing test concerning the public interest lies squarely on the shoulders of the custodian. This office will not uphold any claim of an exemption if it is not substantiated by clear evidence.
This office is ready at anytime to provide FREE training and materials to your agency. There is no need to pay for your staff to be trained by third party professionals who may be providing incorrect instruction. If you have any thoughts or comments regarding anything you have read in this Opinion, I urge you to contact this office for clarification.
Sincerely,
Alan N. Cote Supervisor of Records Commonwealth of Massachusetts
Source:http://www.sec.state.ma.us/arc/arcrmu/rmubul/bul303.htm
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Electronic (PDF) Editions
We offer many titles in electronic Adobe PDF format. Hundreds of these books can be downloaded for free by the chapter or the entire book, while others are available for purchase. Our frequently asked questions guide answers questions about purchasing and accessing our electronic books.
Books by the Transportation Research Board
The Transportation Research Board (TRB) also publishes books. We have a small collection of TRB books available on our Web site, but we encourage you to check the TRB Web site if you cannot find what you want. You may also contact TRB directly by calling (202) 334-3214.
Joseph Henry Press
The Joseph Henry Press (JHP), an imprint of the National Academies Press, was created with the goal of publishing well-crafted, authoritative books on science, technology, and health for the science-interested general public. JHP books represent a broad range of topics, from modern physics and frontiers of medicine to scientific biography and early childhood development. We look forward to expanding the offerings of JHP as the need for credible sources of information grows in our increasingly scientific and technological world.
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Ohio Court Tosses out Lidar Speed Gun Readings
Ohio Court Tosses Laser Speed Gun Readings Ohio appeals court throws out unproven lidar speed gun evidence. An appellate court on Monday ruled that key evidence used in Ohio speed traps was not admissible. With millions in local government revenue at stake, the Ohio Court of Appeals for the Ninth District found the accuracy of laser-based speed guns (lidar) to be unproven.
For the full article :http://www.thenewspaper.com/news/23/2348.asp
For the full article :http://www.thenewspaper.com/news/23/2348.asp
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