aGameOfThrones
09-09-2014, 09:24 AM
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Short version from Engadget:
The Washington Post has reported that a network called "Black Asphalt" is used by police officers as a (possibly illegal) aid in seizing drugs and cash during roadside stops. The site was created by a counterterrorism firm called Desert Snow, and has been tapped by as many as 25,000 police officers, DEA officials, customs agents and others to share information. Some of that data includes reports about US drivers never charged with a crime, including personal data like Social Security numbers. It is also frequently used to share "Be On the Lookout" or BOLO reports, which often target drivers based only on a cop's hunch. Officers using the site and various Desert Snow training methods reportedly seized $427 million in five years, drastically increasing the take in the Justice Department's contentious "asset forfeiture" fund.
To drive home the point, the site encouraged members to post pictures of seized cash and contraband. It even hosted a contest to crown the "Royal Knight," an officer who managed to seize the most cash and property for the year. Though run with no government oversight, Black Asphalt was used and even funded by federal agencies like the DEA, which once housed the site on its own computers. A spokesman said agents "would go in there to grab information," but added that it no longer uses the site over concerns that cases may be thrown out of court. Others have warned that use of the site may violate civil rights and jeopardize cases, but several officers told the Post that when they used it, they didn't bother telling prosecutors anyway.
The site is no longer being run by Desert Snow and is now in the hands of an Illinois Sherrif's office, to avoid the perception of a conflict of interest. Ironically, the point of contact there is a deputy who ghost-wrote a book called In Roads: A Working Solution to America's War on Drugs -- which happens to be Desert Snow's handbook of asset seizure techniques. To take a deeper dive, check the full, fascinating story on the Washington Post. http://www.engadget.com/2014/09/09/police-seizure-black-asphalt-network/
Washington Post limited version:
David earned the nickname “Canine,” and he claimed that he could smell cocaine concealed among other odors, like detergent, court records show.
Facing scrutiny
In the early 1990s, as he took on teaching assignments during breaks from his day job, David’s reputation grew. Soon, he was teaching local police for the DEA’s El Paso Intelligence Center, a clearinghouse for information about drug smugglers and their associates. He also taught for the Drug Interdiction Assistance Program at the Department of Transportation, which focuses on commercial vehicle safety.
But his methods came under scrutiny in court. In July 1993, David stopped a man driving a half-ton pickup with tinted windows on Interstate 40 near the California-Arizona border. He asked the driver, a Hispanic man, to roll down the window and hand over his license and registration.
David said he thought the driver was suspiciously nervous and he thought he smelled cocaine though the open window, according to court records. David was by now a canine officer, but he didn’t have his dog with him that day.
He told the driver to stand on the side of the road and began conversing with him.
David eventually told the driver that he was convinced there was a large of amount of cocaine in the truck and asked for permission to search. The driver was reluctant, but he eventually signed a bilingual form giving consent. David found more than 40 pounds of the drug.
At a court hearing, the driver’s attorney unsuccessfully argued that the evidence should be suppressed because it was obtained through intimidation. David responded that he behaved appropriately. Prosecutors said he spoke “without coercion in a low-key conversational tone.”
But a three-member federal appeals court ordered a new trial for the driver, saying David overstepped his authority to obtain approval for a warrantless search.
“Officer David persisted in his ‘low key’ questioning until he got the answer he sought,” the court’s ruling said. “Such persistent questioning is characteristic of a stationhouse interrogation.”
The court ruled that David had improperly detained the driver without arresting him. The court did not specify how long he kept the driver on the roadside, but it said David should have given the driver a Miranda warning that he had a right to remain silent after David concluded he was going to arrest him.
“Miranda warnings are intended to deter precisely the sort of conduct engaged in by Officer David: isolation, psychological pressure, and relentless pursuit of a confession.”
—Court statement
“It takes 30 seconds to give Miranda warnings,” the court said. “Officer David delayed giving Miranda warnings in order to subject [the driver] to psychological pressure to make incriminating statements. That was a blatant Miranda violation.”
“Miranda warnings are intended to deter precisely the sort of conduct engaged in by Officer David: isolation, psychological pressure, and relentless pursuit of a confession,” the court said.
Desert Snow would adopt “Relentless Pursuit” as the firm’s motto.
*****
Documents and interviews obtained by The Post show that reports were funneled to the DEA, ICE, CBP and other federal agencies. In 2009, the DEA paid $6,700 to Black Asphalt for an improved user interface with the system.. In its law enforcement-only newsletter, the National Bulk Cash Smuggling Center, a part of ICE, describes Black Asphalt as one of “its valuable law enforcement partnerships.”
In another part of Black Asphalt, users posted “be on the lookout” reports, also known as BOLOs, to single out certain drivers for police attention in other jurisdictions. The private BOLO reports generally rely on police intuition rather than hard evidence or probable cause.
In April, a California Highway Patrol officer stopped a woman driving in a Kentucky car that was littered with food wrappers and energy drinks. He did not believe her statement that she was driving to a funeral and asked her why she didn’t fly. She did not have good answer, he said. So he posted her driver’s license number and urged other police to be on the lookout. “She will be loaded coming back for sure,” he wrote.
To meet the growing demand for training, Desert Snow each year has cultivated up to 75 of the most successful and aggressive interdiction police officers from around the country. A part-time job at the firm’s seminars was considered prestigious. Among the trainers are Royal Knights, the stars of the interdiction world.
Desert Snow charges as little as $590 for an individual for its three- and four-day workshop of lectures and hands-on training in such subjects as “roadside conversational skills” and “when and how to seize currency.” The firm often sets up its training in hotel conference rooms. The firm’s three-day “Advanced Commercial Vehicle, Criminal & Terrorist Identification & Apprehension Workshop” cost 88 students a total of $145,000, according to a price list posted by the state of New Jersey.
Police are taught the techniques that David had refined over the years, including how to assess the driver for signs of nervousness. “As a general rule, the innocent motoring public doesn’t lie to you,” Frye, Desert Snow’s chief trainer and a part-time deputy in Nebraska, said in an interview.
If asked in court if it is normal for drivers to be nervous after being stopped by police, they are instructed to say: “While it is true that most people are nervous when stopped by law enforcement, my training and experience has shown that once persons who are not engaged in serious criminal activities learn what type of enforcement action is being taken, their nervousness subsides.”
Black Asphalt: The Black Asphalt Electronic Networking & Notification System is used to share reports of traffic stops, most related to drug enforcement, among member law enforcement officers and agencies across the country. Indicators that made police suspicious have included:
Dark window tinting
Air fresheners or their smell
Trash littering a vehicle
An inconsistent or unlikely travel story
A vehicle on a long trip that is clean or lacks baggage
A profusion of energy drinks
A driver who is too talkative, or too quiet
Signs of nervousness, such as sweating, swallowing or redness of face
Designer apparel or other clothing that seems inappropriate
Multiple cellphones
Frye said the firm does not teach racial profiling. “We never have and we never will!” BlackAsphalt.org proclaims on its Web site. “We teach officers to conduct legal traffic stops and how to identify major criminal activity by taking into account the totality of the circumstances on each and every traffic stop.”
****
A cornerstone of Desert Snow’s instruction rests upon two 1996 U.S. Supreme Court decisions that bolstered aggressive highway patrolling. One decision affirmed the police practice of using minor traffic infractions as pretexts to stop drivers. The other permits officers to seek consent for searches without alerting the drivers that they can refuse and leave at any time.
“Police Officers Are Not Required To Inform A Motorist At The End Of A Traffic Stop That He Or She Is ‘Free To Go’ Before Seeking Permission to Search The Motorist’s Car,” the training material says.
Desert Snow urges police to work toward what are known as a “consensual encounters” — beginning with asking drivers whether they mind chatting after a warning ticket has been issued. The consensual chat gives police more time to look for indicators and mitigates later questions in court about unreasonably long traffic stops.
They’re also instructed in how to make their stops and seizures more defensible to judges. “One Of The Most Critical Areas Scrutinized By The Courts Is The Reason For And The Length Of Any Detention,” the material says.
As business boomed, David bought a yacht and a condo in Cabo San Lucas, Mexico, and invited associates down for fishing trips, interviews and documents show. Starting in 2010, the firm began spending tens of thousands each quarter on the lobbying firm Brandon Associates to stoke interest in interdiction training in Washington — almost $200,000 in all through last year. Brandon Associates has arranged meetings with senior officials at DHS, documents show.
Success has not shielded the company from criticism. Some of it has come from current and former Black Asphalt users who felt the site tolerated unprofessional behavior in its secure chat rooms. “We have to start policing ourselves and remembering that we are professionals,” wrote DEA Agent Donald Bailey, now retired, in a chat room. “I have seen some postings and language on here that have made me cringe and can’t believe that it was ever posted.”
***
The Black Asphalt report narratives sometimes went on for 400 words or more, and included an officer’s intent and attitude toward defendants. Some of them were meant to be humorous and earthy. This one, about a $2.5 million cash seizure, went out to 18 DEA agents:
“The driver starred [sic] blankly to the ditch, more than likely with visions of himself running through it,” one Black Asphalt report said. “But as he was fantasizing about freedom, it gave me another good look at his carotid and he was thumping. Crazy thing, but my mouth went dry. I could see that this guy was truly scared, and all I could think was ‘oh boy this is going be good.’ ”
http://www.washingtonpost.com/sf/investigative/2014/09/07/police-intelligence-targets-cash/
Short version from Engadget:
The Washington Post has reported that a network called "Black Asphalt" is used by police officers as a (possibly illegal) aid in seizing drugs and cash during roadside stops. The site was created by a counterterrorism firm called Desert Snow, and has been tapped by as many as 25,000 police officers, DEA officials, customs agents and others to share information. Some of that data includes reports about US drivers never charged with a crime, including personal data like Social Security numbers. It is also frequently used to share "Be On the Lookout" or BOLO reports, which often target drivers based only on a cop's hunch. Officers using the site and various Desert Snow training methods reportedly seized $427 million in five years, drastically increasing the take in the Justice Department's contentious "asset forfeiture" fund.
To drive home the point, the site encouraged members to post pictures of seized cash and contraband. It even hosted a contest to crown the "Royal Knight," an officer who managed to seize the most cash and property for the year. Though run with no government oversight, Black Asphalt was used and even funded by federal agencies like the DEA, which once housed the site on its own computers. A spokesman said agents "would go in there to grab information," but added that it no longer uses the site over concerns that cases may be thrown out of court. Others have warned that use of the site may violate civil rights and jeopardize cases, but several officers told the Post that when they used it, they didn't bother telling prosecutors anyway.
The site is no longer being run by Desert Snow and is now in the hands of an Illinois Sherrif's office, to avoid the perception of a conflict of interest. Ironically, the point of contact there is a deputy who ghost-wrote a book called In Roads: A Working Solution to America's War on Drugs -- which happens to be Desert Snow's handbook of asset seizure techniques. To take a deeper dive, check the full, fascinating story on the Washington Post. http://www.engadget.com/2014/09/09/police-seizure-black-asphalt-network/
Washington Post limited version:
David earned the nickname “Canine,” and he claimed that he could smell cocaine concealed among other odors, like detergent, court records show.
Facing scrutiny
In the early 1990s, as he took on teaching assignments during breaks from his day job, David’s reputation grew. Soon, he was teaching local police for the DEA’s El Paso Intelligence Center, a clearinghouse for information about drug smugglers and their associates. He also taught for the Drug Interdiction Assistance Program at the Department of Transportation, which focuses on commercial vehicle safety.
But his methods came under scrutiny in court. In July 1993, David stopped a man driving a half-ton pickup with tinted windows on Interstate 40 near the California-Arizona border. He asked the driver, a Hispanic man, to roll down the window and hand over his license and registration.
David said he thought the driver was suspiciously nervous and he thought he smelled cocaine though the open window, according to court records. David was by now a canine officer, but he didn’t have his dog with him that day.
He told the driver to stand on the side of the road and began conversing with him.
David eventually told the driver that he was convinced there was a large of amount of cocaine in the truck and asked for permission to search. The driver was reluctant, but he eventually signed a bilingual form giving consent. David found more than 40 pounds of the drug.
At a court hearing, the driver’s attorney unsuccessfully argued that the evidence should be suppressed because it was obtained through intimidation. David responded that he behaved appropriately. Prosecutors said he spoke “without coercion in a low-key conversational tone.”
But a three-member federal appeals court ordered a new trial for the driver, saying David overstepped his authority to obtain approval for a warrantless search.
“Officer David persisted in his ‘low key’ questioning until he got the answer he sought,” the court’s ruling said. “Such persistent questioning is characteristic of a stationhouse interrogation.”
The court ruled that David had improperly detained the driver without arresting him. The court did not specify how long he kept the driver on the roadside, but it said David should have given the driver a Miranda warning that he had a right to remain silent after David concluded he was going to arrest him.
“Miranda warnings are intended to deter precisely the sort of conduct engaged in by Officer David: isolation, psychological pressure, and relentless pursuit of a confession.”
—Court statement
“It takes 30 seconds to give Miranda warnings,” the court said. “Officer David delayed giving Miranda warnings in order to subject [the driver] to psychological pressure to make incriminating statements. That was a blatant Miranda violation.”
“Miranda warnings are intended to deter precisely the sort of conduct engaged in by Officer David: isolation, psychological pressure, and relentless pursuit of a confession,” the court said.
Desert Snow would adopt “Relentless Pursuit” as the firm’s motto.
*****
Documents and interviews obtained by The Post show that reports were funneled to the DEA, ICE, CBP and other federal agencies. In 2009, the DEA paid $6,700 to Black Asphalt for an improved user interface with the system.. In its law enforcement-only newsletter, the National Bulk Cash Smuggling Center, a part of ICE, describes Black Asphalt as one of “its valuable law enforcement partnerships.”
In another part of Black Asphalt, users posted “be on the lookout” reports, also known as BOLOs, to single out certain drivers for police attention in other jurisdictions. The private BOLO reports generally rely on police intuition rather than hard evidence or probable cause.
In April, a California Highway Patrol officer stopped a woman driving in a Kentucky car that was littered with food wrappers and energy drinks. He did not believe her statement that she was driving to a funeral and asked her why she didn’t fly. She did not have good answer, he said. So he posted her driver’s license number and urged other police to be on the lookout. “She will be loaded coming back for sure,” he wrote.
To meet the growing demand for training, Desert Snow each year has cultivated up to 75 of the most successful and aggressive interdiction police officers from around the country. A part-time job at the firm’s seminars was considered prestigious. Among the trainers are Royal Knights, the stars of the interdiction world.
Desert Snow charges as little as $590 for an individual for its three- and four-day workshop of lectures and hands-on training in such subjects as “roadside conversational skills” and “when and how to seize currency.” The firm often sets up its training in hotel conference rooms. The firm’s three-day “Advanced Commercial Vehicle, Criminal & Terrorist Identification & Apprehension Workshop” cost 88 students a total of $145,000, according to a price list posted by the state of New Jersey.
Police are taught the techniques that David had refined over the years, including how to assess the driver for signs of nervousness. “As a general rule, the innocent motoring public doesn’t lie to you,” Frye, Desert Snow’s chief trainer and a part-time deputy in Nebraska, said in an interview.
If asked in court if it is normal for drivers to be nervous after being stopped by police, they are instructed to say: “While it is true that most people are nervous when stopped by law enforcement, my training and experience has shown that once persons who are not engaged in serious criminal activities learn what type of enforcement action is being taken, their nervousness subsides.”
Black Asphalt: The Black Asphalt Electronic Networking & Notification System is used to share reports of traffic stops, most related to drug enforcement, among member law enforcement officers and agencies across the country. Indicators that made police suspicious have included:
Dark window tinting
Air fresheners or their smell
Trash littering a vehicle
An inconsistent or unlikely travel story
A vehicle on a long trip that is clean or lacks baggage
A profusion of energy drinks
A driver who is too talkative, or too quiet
Signs of nervousness, such as sweating, swallowing or redness of face
Designer apparel or other clothing that seems inappropriate
Multiple cellphones
Frye said the firm does not teach racial profiling. “We never have and we never will!” BlackAsphalt.org proclaims on its Web site. “We teach officers to conduct legal traffic stops and how to identify major criminal activity by taking into account the totality of the circumstances on each and every traffic stop.”
****
A cornerstone of Desert Snow’s instruction rests upon two 1996 U.S. Supreme Court decisions that bolstered aggressive highway patrolling. One decision affirmed the police practice of using minor traffic infractions as pretexts to stop drivers. The other permits officers to seek consent for searches without alerting the drivers that they can refuse and leave at any time.
“Police Officers Are Not Required To Inform A Motorist At The End Of A Traffic Stop That He Or She Is ‘Free To Go’ Before Seeking Permission to Search The Motorist’s Car,” the training material says.
Desert Snow urges police to work toward what are known as a “consensual encounters” — beginning with asking drivers whether they mind chatting after a warning ticket has been issued. The consensual chat gives police more time to look for indicators and mitigates later questions in court about unreasonably long traffic stops.
They’re also instructed in how to make their stops and seizures more defensible to judges. “One Of The Most Critical Areas Scrutinized By The Courts Is The Reason For And The Length Of Any Detention,” the material says.
As business boomed, David bought a yacht and a condo in Cabo San Lucas, Mexico, and invited associates down for fishing trips, interviews and documents show. Starting in 2010, the firm began spending tens of thousands each quarter on the lobbying firm Brandon Associates to stoke interest in interdiction training in Washington — almost $200,000 in all through last year. Brandon Associates has arranged meetings with senior officials at DHS, documents show.
Success has not shielded the company from criticism. Some of it has come from current and former Black Asphalt users who felt the site tolerated unprofessional behavior in its secure chat rooms. “We have to start policing ourselves and remembering that we are professionals,” wrote DEA Agent Donald Bailey, now retired, in a chat room. “I have seen some postings and language on here that have made me cringe and can’t believe that it was ever posted.”
***
The Black Asphalt report narratives sometimes went on for 400 words or more, and included an officer’s intent and attitude toward defendants. Some of them were meant to be humorous and earthy. This one, about a $2.5 million cash seizure, went out to 18 DEA agents:
“The driver starred [sic] blankly to the ditch, more than likely with visions of himself running through it,” one Black Asphalt report said. “But as he was fantasizing about freedom, it gave me another good look at his carotid and he was thumping. Crazy thing, but my mouth went dry. I could see that this guy was truly scared, and all I could think was ‘oh boy this is going be good.’ ”
http://www.washingtonpost.com/sf/investigative/2014/09/07/police-intelligence-targets-cash/