Posts Tagged ‘Enforcement’

postheadericon ESET helps law enforcement worldwide to disrupt Gamarue botnet

Throughout its monitoring of the threat, ESET found dozens of C&C servers every month. The bulk of ESET’s research was conducted late last year, with the peak of Wauchos’s activity going back approximately to that time.

The post ESET helps law enforcement worldwide to disrupt Gamarue botnet appeared first on WeLiveSecurity


WeLiveSecurity

postheadericon Interacting With Law Enforcement While Armed – A Legal Analysis

DISCLAIMER TO OUR LEO FRIENDS: This article is not meant to offend or insult anyone in law enforcement. It is meant to apprise the readers of their constitutional rights. Like all law enforcement, while in uniform you are an actor of the state. However, when you take off the uniform you are also a citizen fully equipped with all the same constitutional liberties as those you interact with on your job. As such, this information should be appreciated by you in your individual capacity, and hopefully respected by you when acting on behalf of the state. The readers of this article are mainly concealed firearm permit holders. Meaning, they are exceptionally law abiding citizens. It is not our intent to help criminals conceal firearms during traffic stops, we simply want to help the law abiding remain law abiding while navigating a very complicated spiderweb of firearm laws. 

Let’s have a very blunt conversation about interacting with law enforcement while in possession of a firearm. This article is not meant to focus on when a police officer has a legal right to stop you, but instead is meant to cover the less analyzed issue of what are the legal implications of informing an officer that you are carrying a firearm? I am going to offer this article from a purely legal standpoint, the same way I would advise a client. There are obviously differing opinions on how you should handle a police stop. It is not my intent to address how you should, but instead to analyze what the legal implications are of certain conduct during a stop.

Let’s start at the beginning. Relating to police stops of concealed permit holders there are three categories of states, namely:

  • Duty to Inform States: States where you are required by law to affirmatively disclose the presence of your firearm (e.g. Ohio, Michigan, etc.).
  • Quasi Duty to Inform States: In these states you do not have to affirmatively inform the officer of the presence of your firearm, but state law requires you to still do something, such as respond if you are asked if you have a weapon, or provide your permit if it is requested of you. The range of requirements for these states varies significantly (e.g. Iowa, Texas, etc).
  • No Duty to Inform States: In these states you have no legal obligation to inform the officer if you are carrying and you generally have no legal obligation to respond if you are asked (e.g. Utah, Georgia, etc.).

This article is not meant to be a state by state summary, we sell a book and mobile phone app that contains that information and Concealed Nation also has a great article on that topic here. Instead, I want to walk you through what the legal implications are of disclosing the presence of your weapon to a police officer.

IMPLICATION NUMBER 1: WAIVING YOUR FOURTH AMENDMENT RIGHTS

A potential outcome of informing an officer that you have a firearm is that the officer might then have the ability to perform what is called a Terry Stop or a Terry Frisk. The Terry Doctrine stems from a 1968 Supreme Court case, Terry v. Ohio. In Terry, the United States Supreme Court held that an officer may perform a protective frisk and search pursuant to a lawful stop when the officer reasonably believes a person is “armed and presently dangerous to the officer or others.” (see: 392 U.S. 1, 24, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968)). This also gives the officer authority to temporarily disarm the permit holder “in the interest of officer safety.” The Court did caution that a search “is a serious intrusion upon the sanctity of the person” and should not be taken lightly. Still, the basis for the search itself is largely left up to the officer’s discretion once he is made aware of the presence of a weapon.

The sole purpose for allowing the frisk/search is to protect the officer and other prospective victims by neutralizing potential weapons. (see: Michigan v. Long, 463 U.S. 1032, 1049 n. 14, 103 S.Ct. 3469). As an example, a Terry Stop allows a police officer to remove you from your vehicle, pat down all occupants of the vehicle (using the sense of touch to determine if they are armed), as well as search the entire passenger compartment of the vehicle including any locked containers that might reasonably house a weapon. In other words, telling a police officer you have a firearm on you or in your vehicle can serve as a waiver of your Fourth Amendment rights and allow the officer to conduct a warrantless search. 

This issue was recently highlighted in a recent 4th Circuit Court of Appeals case United States v. Robinson. In Robinson, the court extended the Terry Doctrine further than it previously had. In its ruling, the court stated that because firearms are “categorically dangerous

an officer who makes a lawful traffic stop and who has a reasonable suspicion that one of the automobile’s occupants is armed may frisk that individual for the officer’s protection and the safety of everyone on the scene.” (source)

Or as Judge Wynn ominously wrote in his concurring opinion, “those who chose to carry firearms sacrifice certain constitutional protections afforded to individuals who elect not to carry firearms.”

The waiver of your Fourth Amendment rights is why states with “duty to inform” laws create such a constitutional dilemma. If, as a condition to carrying a firearm, I am required by law to inform an officer that I have a firearm in my vehicle, then I am simultaneously required to waive my Fourth Amendment privacy rights. That is a violation of the unconstitutional-conditions doctrine and is long overdue for a legal challenge.

BUT PHIL, POLICE OFFICERS ONLY PUT CRIMINALS IN JAIL, AND I’M NOT A CRIMINAL!!! WHY WOULD I CARE IF I GET SEARCHED?!?

IMPLICATION NUMBER 2: YOU ARE A CRIMINAL, YOU JUST DON’T KNOW IT…YET

You are a criminal, we all are from time to time. Do you have any idea how many gun laws there are out there? No? Neither does our own department of justice. If you don’t even know how many gun laws there are, how can you possibly know you are abiding by all of them simultaneously? Justice Robert Jackson (U.S. Supreme Court Justice) once said, “any lawyer worth his salt will tell the suspect [his client], in no uncertain terms, to make no statement to the police, under [any] circumstances.” The reasoning behind Justice Jackson’s quote isn’t because police officers are bad, it is simply because the average civilian has no idea how many laws they may be breaking at any given time. As a prosecutor, and later a defense attorney, I deal with clients routinely that are charged with crimes they had no idea they were committing.

Here is a simple example of how the “I have nothing to hide” mentality can land you in jail. Let’s imagine you are a Utah resident and a Utah concealed permit holder. Your Utah permit is valid in well over 30 states so you decide to take a road trip with your firearm. As you’re driving through Idaho (where your permit is valid) you get pulled over for speeding in a school zone. Because you are an upstanding citizen and you have nothing to hide, you tell the officer that you have a firearm in the vehicle. Aaaaannd now you’re a felon. Wait, what?  How did that happen? Let’s review why you’re now a felon.

18 U.S.C.A. § 922(q)(2)(A), otherwise known as the Federal Gun-Free School Zones Act (GFSZA), states that:

It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.

The term “school zone” means in, or on the grounds of, a public, parochial or private school; or within a distance of 1,000 feet from the grounds of a public, parochial or private school. The term “school” means a school which provides elementary or secondary education, as determined under State law (see 18 U.S.C.A. § 921).

There are a few narrow exceptions to this law, one of which is:

“if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;” 18 U.S.C.A. § 922 (emphasis added)

You have a permit from Utah which is valid in Idaho, but was not issued by Idaho, which means this federal law is in full force against you. See how fun that is? Don’t worry, the penalty for violating the law is only 5 years in prison and a $ 5,000 fine. If you would like more details about this law you can read the ATF’s analysis of it here.

Of course, as is often the case, the Idaho police officer may sympathize that you are not intending to violate the law and may choose not to escalate the situation beyond a mere traffic stop. Millions of people violate the GFSZA every year and few are prosecuted. Given the harsh penalty, however, it’s not a gamble I personally want to take.

IMPLICATION NUMBER 3: SEARCHES ARE ALMOST ALWAYS BAD.

I would challenge anyone reading this to think of any instance where someone waiving their rights, or consenting to a search/seizure, has made their life better. In my career I certainly haven’t seen it. I have, however, seen a significant amount of good people get charged with serious crimes because they were overly generous with the amount of information they shared with law enforcement. It is my experience that nothing good can come from waiving your rights. Consider the wording of the the oft cited Miranda warning:

The warning of the right to remain silent must be accompanied by the explanation that anything said can and will be used against the individual in court. Miranda v. Arizona, 384 U.S. 436, 469, 86 S. Ct. 1602, 1625, 16 L. Ed. 2d 694 (1966) (emphasis added).

Can and will be used against you. The best case scenario of waiving your rights is you get to go home. The worst case scenario is you go to prison.

Once again, it is not our intent to tell you how you should interact with law enforcement or imply in any way that law enforcement are villains or out to get you. As a prosecutor I worked with law enforcement every day, and as a firearm instructor over the past decade I can say some of the best people I know are police officers. Police officers, by and large, support the shooting sports community and are members of it themselves. We strongly encourage everyone to treat law enforcement with respect. Very little is accomplished in life by acting belligerent, rude or demeaning.

Phil Nelsen is a nationally recognized firearms law attorney, expert witness, college professor, author and co-founder of Legal Heat, the nation’s largest firearms training firm.

Legal Heat offers CCW classes nationwide, and also publishes the industry leading Legal Heat 50 State Guide to Firearm Laws and Regulations which can downloaded on iTunes, GooglePlay and Kindle App stores. You can purchase the paperback version of the Legal Heat 50 State Guide or sign up for a class at https://mylegalheat.com

Concealed Nation

postheadericon [VIDEO] One Officer’s Views on Constitutional Carry; Does it make sense in the eyes of Law Enforcement?

Radix Tactical recently published a video on YouTube discussing the thoughts and opinions of Constitutional Carry through the eyes of a Police Officer. Does it make sense? Does he support the idea?

The short; Yes. Of course he can’t speak for every single member of law enforcement around the country, but his points are spot-on.

It’s the age-old argument that will never end, but it’s pretty simple when I dissect the facts, and the facts remain constant throughout.

  • If the bad guy wants to carry a gun illegally, he’s going to do it anyway. There is no regard for the law.
  • Allowing law-abiding citizens to protect themselves is a deterrent to those who wish to commit crimes.
  • Gun Free Zones are Sitting Duck Zones, because those who wish to do harm are well aware of the fact that they will not likely face any significant resistance.

Ah well. We’ll always have people who don’t agree. Give the video above a watch and share your thoughts in the comments below.

Concealed Nation

postheadericon Concealed Carrier Has A Great Interaction With Law Enforcement, Thanks Deputy For His Professionalism

WILLIAMSON COUNTY, TEXAS — A concealed carrier was pulled over by a deputy with the Williamson County Sheriff’s Office. After he told the officer he was carrying, the officer asked to see the gun. Once he saw it, he thanked the driver for telling him. The law enforcement interaction proceeded without incident. No one was hurt or worried. Everyone went about their day.

via the Austin Statesman

“I was a CHL holder, showed him that,” said the concealed carrier. “He asked me if I was carrying, and I had it in the center console. I showed it to him and he said thank you for telling me.”

The concealed carrier is an Army veteran and took to social media to kindly thank the Williamson County Sheriff’s Office for the professionalism of one of their deputies. The deputy insists he was just following protocol.

“I encourage people to carry lawfully, and to do it the legal way,” Bell said. “Because in an end result, they could help us out.”

I know a lot of concealed carriers have wrote in voicing their discomfort with the idea of getting pulled over. When police pull over a concealed carrier, ultimately, they just want a safe interaction. In discussions with current and former law enforcement, while their opinions on gun ownership and concealed carry may differ from their own personal experience, ultimately they all appreciated knowing the situation.

Now, depending upon where you’re pulled over, you may or may not be obliged to tell the officer. Some officers may prefer to not know. However, a common underlying theme is this: respect.

When you treat someone else with respect and have a regard for his or her own safety as well as your own, you are immediately inviting a positive interaction. It’s a net benefit.

Now every person — including some law enforcement — may not be receptive to that sort of interaction. That is on that person. You control you. It’s a win-win for all parties.

I’m happy to report when something in the concealed carry community goes right. While we love discussing how some concealed carrier saved someone else or himself, the reality for the vast majority of us is that we just simply need to get through the day. Most law enforcement officers I’ve interacted with have never given me a hard time so long as I abided by the law.

Do that and treat others with courtesy and don’t be surprised when the same is given to you. Good deal. Carry concealed every single day, everywhere you can. Know your state laws well enough to know how you’re supposed to govern yourself when interacting with law enforcement.

Concealed Nation

postheadericon Microsoft and partners showcase cloud-enabled solutions for law enforcement at IACP 2016

SAN DIEGO — Oct. 17, 2016 — Monday at the 123rd annual International Association of Chiefs of Police conference and exposition in San Diego, Microsoft Corp. and its partners showcased innovative solutions that demonstrate how the cloud and modern Windows devices are transforming the way law enforcement engages with citizens, improves communities and enables more effective first response.

Microsoft has the largest compliance portfolio in the industry, and is committed to providing law enforcement, public safety and justice organizations with cloud services they can trust. To date, nearly 6 million users in all 50 states and federal government agencies use Microsoft Cloud for Government, which is specifically designed for use by U.S. government customers.

Compliance is a commitment, not a checkbox. As of today, Microsoft commits to the applicable Criminal Justice Information Services (CJIS) controls and has signed CJIS agreements in 23 states. Microsoft supports law enforcement agencies across the country to take advantage of Microsoft Azure Government for sensitive and mission-critical law enforcement needs, helping customers and partners increase security while reducing the cost of compliance. In addition, Microsoft is the first hyper-scale cloud provider to achieve ISO 22301 certification, which ensures that Microsoft Azure applications are backed by the highest government standards for business continuity and disaster preparedness.

“Government and law enforcement agencies across the United States are turning to Azure Government for the end-to-end cloud solution they can trust, for the security and compliance they require,” said Michael Donlan, vice president, U.S. state and local government for Microsoft. “Our cloud powers real-time, intelligence-led, first-response capabilities that enable law enforcement to do more, and achieve more, for the citizens they serve — today and into the future.”

Genetec Inc. uses Azure to provide real-time video streaming, cataloguing and storage for its cloud-based video surveillance-as-a-service (VSaaS), Stratocast. In January, the Detroit Police Department (DPD) launched a new program called Project Green Light, an effort to reduce violent crime in the city. Over an eight-month period, dozens of local businesses were equipped with Genetec’s high-resolution indoor and outdoor surveillance cameras, and video feeds managed by Genetec Stratocast were streamed live back to DPD headquarters. The data was stored using Azure. When a 911 call was received from a participating location, police inside the Real Time Crime Center could instantly pull video from the location’s cameras to begin evidence-gathering and send pertinent information, such as suspect description, to responding officers. In September, Detroit Mayor Mike Duggan announced that Project Green Light has led to a 50 percent reduction in violent crime at stores, gas stations and other businesses that have installed the systems.

“The cloud-based technology has made it possible for us to instantly access surveillance video, which allows us to respond faster than ever before to robberies and potential violent crimes,” said Chief James Craig, Detroit Police Department. “In one situation we were able to catch a suspect in just two hours because we had that real-time access and strong, actionable intelligence when we arrived on the scene.”

Predictive policing solution provider PredPol chose Azure Government for its high level of compliance, security and exceptional support of international customers that require local datacenters. PredPol’s cloud-based solution uses a unique algorithm to predict places and times where crimes are most likely to occur, based on criminal behavior patterns and three key historical data points: type of crime, place of crime, and date and time of crime. PredPol maps are automatically generated for each police shift to help officers focus on areas where they have the best opportunities to prevent crimes from occurring. Officers in departments around the world are using PredPol to help prevent crime, in some cases reducing targeted crimes by double-digit percentages.

At IACP, PredPol announced that the Mountain View Police Department has deployed the solution on the Azure Government cloud platform. “We chose PredPol and the Azure Government cloud platform because of PredPol’s proven results and Microsoft’s long track record supporting secure solutions for law enforcement,” said Max Bosel, chief of police of the Mountain View Police Department in California. “We are confident that meeting future policy requirements will be seamless.”

Demonstrating at IACP what’s possible today, the Microsoft patrol car is equipped with industry partner solutions built on the intelligence-led first response platform, effectively making it a “mobile precinct.” First introduced at IACP 2015, the updated patrol car is outfitted to showcase Windows 10 software and devices, as well as new technologies focused on creating two-way, real-time communication between officers, records management, command staff and the public, using Azure. The patrol car includes solutions — all of which are available today — that help break down information silos in law enforcement, ensure compliance, and bring essential, actionable data into the hands of first responders in real time. This year, some of the technologies featured in the Microsoft patrol car include the following:

  • Drones for situational awareness. The Aeryon SkyRanger drone and AeryonLive, a web-based application, allow real-time video to be streamed from drone-mounted cameras, providing up-to-the-minute situational awareness both to officers on the ground and commanders located anywhere with internet access.
  • 360-degree video and analytics. The Getac Veretos Mobile Video System is an in-car video recording system used to capture all activities in and around the law enforcement vehicle as they occur, including up to 360-degree video coverage. With Veretos Cloud, Getac’s Evidence Management solution enables all-digital videos or images captured from in-car, body-worn or other police cameras to be uploaded to Azure Government for browsing and sharing via a web browser. This includes robust metadata management and analysis tools, providing command with a proactive approach to policing.
  • Robots for reconnaissance. A small, lightweight but powerful robot from ReconRobotics Inc. can be easily deployed and remotely controlled by patrol officers to provide real-time information to decision-makers.
  • Live video streaming. With technology from Dejero Labs Inc., live video from body-worn and in-car cameras, drones, and robots can be streamed to any authorized individual anywhere with an internet connection.
  • Body-worn video camera solutions. These solutions are typically utilized by law enforcement to record their interactions with the public or gather video evidence at crime scenes. Body-worn cameras in the patrol car include those created by Getac Veretos, Taser/AXON, VIEVU LLC and others.

These Microsoft and partner solutions, law enforcement stories, and more will be shared at IACP. Microsoft will present sessions titled, “Cloud Best Practices for Law Enforcement,” “Leveraging Modern Technology for Better Incident Response,” and, together with partners and law enforcement customers, “Transforming Communities Through Intelligence-Led Policing.” More details on Azure Government can be found by checking the facts at Microsoft in Government.

Microsoft (Nasdaq “MSFT” @microsoft) is the leading platform and productivity company for the mobile-first, cloud-first world, and its mission is to empower every person and every organization on the planet to achieve more.

Note to editors: For more information, news and perspectives from Microsoft, please visit the Microsoft News Center at http://news.microsoft.com. Web links, telephone numbers and titles were correct at time of publication, but may have changed. For additional assistance, journalists and analysts may contact Microsoft’s Rapid Response Team or other appropriate contacts listed at http://news.microsoft.com/microsoft-public-relations-contacts.

News Center

postheadericon Sworn Law Enforcement Officers Unarmed And Trained To Run And Hide In The Event Of Active Shooter At Chicago Airports

CHICAGO, ILLINOIS — Filed under ‘things we will never understand’, a reader sent us the above news clip that discusses the day in a life of an Aviation Officer at Chicago International Airport. The recipe: Sworn law enforcement officers who … Continue reading
Concealed Nation