NYPD fights Supreme court orders over use of X-ray vans

[Askold]

http://www.extremetech.com/extreme/216551-nypd-caught-using-x-ray-vans-to-search-the-public-refuses-court-order-to-release-details

For more than three years, ProPublica has been fighting to force the NYPD to disclose the details of its fleet of X-ray vans. Earlier this year, New York State Supreme Court Judge Doris Ling-Cohan ruled that the NYPD couldn’t shield itself from Freedom of Information requests simply because disclosing fleet details could interefere with ongoing investigations. The New York Civil Liberties Union has filed an amicus curiae (friend of the court) briefing arguing against the NYPD’s position, but New York Police Commissioner Bill Bratton continues to stonewall reporters.

It all boils down to "just trust us" and "national security and fight against terrorists"  but the truth is that NYPD refuses to obey court orders. Now the reason why people are curious as to how the NYPD has been using these X-ray vans is that even though the similar tech, when used at airports, has been under study and shown to be relatively safe there is no information on how NYPD has been using these mobile X-ray machines and whether or not they have evactuated the test area of people.

You see, the real threat in these machines is when someone is standing too close to them and if, for example, NYPD have used them on the streets and scanned some random buildings then any bystander walking between the van and the building have received an overdose by being too close to the machines.

Oh and of course the minor detail that using the vans without a search warrant is illegal. But I'm sure the NYPD hasn't done something like that simply because they thought they could get away with it and I'm sure there are other reasons to resist revealing the info than some incriminating evidence that would show the police violating laws and endangering the bystanders and suspects health...

What I am really curious to know is how are they able to resist the court order? Shouldn't some high ranking official or agent of the court just walk in and get the data by force? How come "I don't wanna" is an acceptable defense and why isn't this a bigger scandal?

[niam2023]

The police of course refuse to obey a higher authority.

They believe they are the highest of authorities, that they were given their authority by God, to be as brutal and deadly as they want to make sure "safety" is maintained.

[Ultimate Paragon]

This is disturbing.

[I am lizard]

[Eiki-mun]

What I am really curious to know is how are they able to resist the court order? Shouldn't some high ranking official or agent of the court just walk in and get the data by force? How come "I don't wanna" is an acceptable defense and why isn't this a bigger scandal?

Well what are you gonna do? It's the NYPD with all the guns. As Andrew Jackson once said, "the court has made their decision, now let's see them enforce it."

[RavynousHunter]

Eeexcept, if I read correctly, this court is a state-level court, meaning they are above the local jurisdiction of NYC itself and could, theoretically, demand that the governor enforce their ruling by use of the National Guard.

[Eiki-mun]

Eeexcept, if I read correctly, this court is a state-level court, meaning they are above the local jurisdiction of NYC itself and could, theoretically, demand that the governor enforce their ruling by use of the National Guard.

Now that would be awesome.

[Art Vandelay]

Eeexcept, if I read correctly, this court is a state-level court, meaning they are above the local jurisdiction of NYC itself and could, theoretically, demand that the governor enforce their ruling by use of the National Guard.

There's an even more elegant solution. Don't want to comply? Well, no funding for you. Take away his paycheck and I'll wager that the commissioner will suddenly become the most cooperative guy in the world.

[R. U. Sirius]

I'm not at all surprised. When I was falsely accused of indecent exposure and viewing pornography on a public computer at my local workforce exchange, the prosecution fought tooth and nail against revealing anything they had found in their investigation, up to and including destroying the hard drive in question, leaving only the image they had made of it. My lawyer had to ask that they be held in contempt of court before we could get our hands on the evidence.

[guizonde]

I'm not at all surprised. When I was falsely accused of indecent exposure and viewing pornography on a public computer at my local workforce exchange, the prosecution fought tooth and nail against revealing anything they had found in their investigation, up to and including destroying the hard drive in question, leaving only the image they had made of it. My lawyer had to ask that they be held in contempt of court before we could get our hands on the evidence.

see, this is why i have a problem with authority. even for innocents it's an uphill battle, so long as a conviction drops. makes me sick to think that the ones we trust to uphold the law abuse it blatantly as they see fit.

[niam2023]

Why doesn't the mayor step in? He's already no friend of the police...

[Cerim Treascair]

Because they'll just ignore him.  When the NYPD has been openly quoted to the (paraphrased) extent of "if you don't support what we do, no matter what, then don't be surprised when we don't show up to protect you" on fucking billboards...

[niam2023]

So basically they openly admit to being an old fashioned, Scarface-era protection racket.

Isn't that, I dunno, wildly illegal / Putin Level?

[guizonde]

So basically they openly admit to being an old fashioned, Scarface-era protection racket.

Isn't that, I dunno, wildly illegal / Putin Level?

'murica. whoever's got the guns got the better argument. [/sobs]

[mellenORL]

Well, maybe this will come to a head in a good way: if NYPD continues in this level of demonstrated disregard for public health and safety, along with the blatant civil rights abuses, the Feds are going to have to step in and grab the reins at some point. If it's turned into a rogue PD, and much worse than the robber baron PDs in towns across the country, then NYPD needs a clean sweeping out from attic to cellar.