Monday, January 31, 2005
~ use it, or lose it ~
Among the search results for "california public record" was this item:
"The fact that public records may be stored in a computer does not affect their status as public records. Cal. Gov't Code § 6254.9(d). "
This database helps you read and apply the law. Exercise your rights. You just might save a few of them.
Friday, January 28, 2005
~ ya gotta pay down the deficit to get THOSE public records ~
"The head of the Iowa Department of Public Safety
says his agency is prepared to consider whether it can make crime
records more readily available to the public if The Des Moines
Register makes a financial donation to his agency." Read the complete story
I'm all for private financing, considering the condition of state budgets and the intransigence of law enforcement agencies. It's not a matter of political influence or massaging the data. These reports already exist. We just want to get our hands on them. I say, "Donate Here!"
Thursday, January 27, 2005
~ court rules:private investigator not a stalker ~
A private investigator's surveillance for an insurance company does
not constitute harassment under the state's anti-stalking law, the Michigan
Supreme Court ruled Tuesday. Read the full story
The Court of Appeals' ruling included this analysis of the state stalking statute:
The civil stalking statute, MCL 600.2954, creates a civil cause of action for victims of stalking as defined by the criminal stalking statute, MCL 750.411h, regardless whether the alleged stalker is charged or convicted under the equivalent criminal stalking statute. According to MCL 750.411h(1)(d), "stalking" is the "wilful course of conduct involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested and that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested." The term "harassment" as used in subsection 411h(1)(d) is defined as:
. . . conduct directed toward a victim that includes, but is not limited to, repeated or continued unconsented contact that would cause a reasonable individual to suffer emotional distress and that actually causes the victim to suffer emotional distress. Harassment does not include constitutionally protected activity or conduct that serves a legitimate purpose. [MCL 750.411h(1)(c).] {Emphasis is mine.}
You have to wonder what planet the Court of Appeals was on when it determined that the surveillance was NOT serving a legitimate purpose. Here's some more of the Appeals Court's insightful conclusions:
After the first surveillance was thwarted when plaintiff made it clear that he did not consent to being followed by Conley, Conley nonetheless continued to appear within plaintiff’s sight until the police arrived. Once plaintiff detected Conley and Stovall in the second and fourth surveillances, a question of fact arose with respect to whether their continued appearance in his sight were unconsented contacts for purposes of the civil stalking claim. {Emphasis is mine.}
This made me laugh. How do these judges think we accomplish legitimate investigative goals when the subject is an adversary of our client? Walk up to him and say, "excuse me, I would like your consent to gather evidence that may undermine your claim"?
Thankfully the Michigan Supreme Court displayed better reasoning powers.
Now, that was easy! Private investigators are being challenged in courts and legislatures in our pursuit of information through gathering documents and in observing human activity. This is where the demand for privacy rights has gotten out of hand. Private investigators are not observing for idle curiosity. We perform information gathering in legal cases for the purpose of establishing the legitimacy of a claim, not to intrude or make contact that creates emotional distress. But that hasn't stopped the litigious!We conclude that surveillance by licensed private investigators that contributes to the goal of obtaining information, as permitted by the Private Detective License Act, MCL 338.822(b)(i)-(v), is conduct that serves a legitimate purpose.
Wednesday, January 26, 2005
~ HOT: database of political influence ~
The San Francisco Ethics Commission's Financial Disclosure Database allows you to search financial influence of local candidates and ballot measures by committee name, candidate, contributor and employer. This is a bias identification tool that can supplement your background reports on witnesses and experts.
Do you know of other jurisdictions that have this type of search tool? Add it to the comments link at the bottom of this post.
~ dog delivers probable cause ~
Justice Stevens presented the opinion of the Court: "In our view, conducting a dog sniff would not change the character of a traffic stop that is lawful at its inception and otherwise executed in a reasonable manner, unless the dog sniff itself infringed respondent's constitutionally protected interest in privacy. Our cases hold that it did not." Yeah, like protection from intimidation or racial profiling. I imagine that events proceeding from this law will yield more fear of a "police state" than actual evidence.
Justice Stevens was, clearly, speaking of someone, not himself, when he argued that the "governmental conduct" of sniffing and, possibly, mistakenly prying into your vehicle does not intrude on a privacy interest.
We have held that any interest in possessing contraband cannot be deemed legitimate, and thus, governmental conduct that only reveals the possession of contraband compromises no legitimate privacy interest.You mean, if no drugs are found my privacy isn't violated? A glance into the car by an officer making a legitimate stop is a very different level of intrusiveness than the "advanced" technology applied by using a dog. Consider the distinction between taking notes during a phone interview without the other parties' "permission" and tape-recording the conversation under the same conditions.
What is the significance of the use of drug-sniffing dogs at otherwise routine traffic stops?
Much hot back and forth has appeared around the 'Net, at Tales of a Wandering Mind, Drug WarRant and pretty much the only different take was expressed at Open Society Paradox.
~ the business people finder ~
Tuesday, January 25, 2005
~ internet searchers and event observers ~
The Pew Report makes this wry observation about fuzzy human logic:
Only 38% of users are aware of the distinction between paid or sponsored results and unpaid results. And only one in six say they can always tell which results are paid or sponsored and which are not. This finding is ironic, since nearly half of all users say they would stop using search engines if they thought engines were not being clear about how they presented paid results.
This disconnect between what people observe and what they think they observe got me reflecting on the widely noted fallibility of eyewitness testimony. One of the significant findings Elizabeth Loftus made was the weak correlation of confidence to accuracy. Even as event details deteriorate the witness maintains a high degree of confidence in the accuracy of their recall. James Doyle, Loftus' co-author of Eyewitness Testimony: Civil and Criminal writes here about the intersection of the psychological and legal work. A detailed, hands-on guide to working with this quandary in criminal defense matters is developed in a recent article by Lisa Steele, Trying Identification Cases.
~ Electronic Access, Privacy and Sealing Court Records ~
Wired News examines the Minnesota situation and the redacting of information from Florida Court records.
The National Center for State Courts links to the individual States' pages for searching court records and their policies on public access. Then navigate to the Federal links to see case law and policy papers on electronic access, privacy and sealing court records.
And, want to engage in more blogging discussion on privacy and open government? Add to my posting at Dennis Bailey's site, The Open Society Paradox (which is also his book title), where he comments on issues and technology related to privacy and open access.
Monday, January 24, 2005
~ 50-state new law update ~
~ searching, searching ~
The word, many words have circulated about the new Microsoft MSN search engine, which has a clean look copied from THE most popular search engine but ranks content very differently. It also offers a desktop toolbar, the new area of total computer content searching --retrieving files saved to your hard drive along with those on the Internet. The ins-and-outs of this newly designed search engine has been written about here
and more discussion over here.
~ sharpen your eye on legislation ~
~ more death in public records access ~
The FBI has found a means to further restrict access to FOIA requests by only searching electronic records, not paper documents.
Thursday, January 20, 2005
~ when you don't want to testify ~
Usually private investigators are testifying in court under much less dramatic conditions (at least for the investigator). Keep in mind when you're on the stand:
- Tell the truth. That seems obvious. You're there to answer the questions in an even manner, without displaying prejudice.
- That leads to the next obvious point. Answer the question. Only. Don't add what you think the opposing party is asking. This is not an opportunity to exhibit all your knowledge.
- Prepare the attorney for whom you're working. I know, you thought I was going to say that the attorney should prepare you as the witness. That goes without saying. But you should prepare a narrative or resume about yourself in order to establish your credibility with the jury.
One of the puff-'em-up comments I put on my statement of personal facts was that I had previously served in an elected position of the largest investigation organization in the world. The attorney loved it. Choosing your phrasing allows you to frame how the jurors see you.
Are there other thoughts you all have on how to testify?
~ use the tools to get police records ~
Go to Government Code section 6254 (f)(3). Read it yourself and make a copy. Carry it with you at all times. Refer to this section of the code in your written requests for police records. A handy Pocket Guide to the CPRA produced by The First Amendment Project is a pdf.
~ worker compensation news ~
The duty to defend against a civil suit under Part 2 of a WC policy does not extend to actions by a leased employee, says CA 4th.
CA's 4th says that a landlord can not sue the employer/tenant to recover for an IW's third party suit against it.
A NY court upheld a Board decision where a man was refused benefits for reporting an injury more than 30 days after it occurred. NY's 3rd upheld the denial of benefits where misrepresentation of wage earnings and work history was admitted to by the IW.
A NY court denied an IW's claim of disability where it was found that retirement was on the advise of counsel.
A massive TX reform bill, introduced in to the state Senate yesterday, would create CA-style MPNs, raise benefits, and change the Commission.
An IL appellate court ruled that 3 intervening accidents did not break the causal chain of disability.
~ hospital visit records uncover fraud ~
Monday, January 17, 2005
~ your continuing education ~
~ i get around ~
Blah, blah, blah. What's in it for me, you say? Here's the brilliant part, and the promise that you'll keep.... If you comment on blog postings, at this site or around the Net, you'll get noticed. The comment section has a place for your name and url. The more activity, the further up in the search engines you go, the greater the attention and, you fill in the rest.
~ privacy, it works for me ~
~ are you thinking like lawyers? ~
~ now I really feel like a product ~
Friday, January 14, 2005
~ Vehicle and Accident Databases ~
One statement at the site piqued my curiosity:
Furthermore, many judges are not lawyers and have little to no legal training, yet they have managed to get elected or appointed to a position requiring them to interpret the law.Is this true?
"Old school" fun was had by chasing traffic reports on police scanners. Audio feeds are still available at many sites: Live Police Scanner.
~ The Mother of Federal Databases ~
~ Fact Or Just "News"? ~
~Surprising Keyword Search Results ~
california investigator: 39
private investigator: 36,000
locating people: 3400
people locator: 48,000
The domain names that combine the highly searched terms have already been claimed. I know you knew that!
Thursday, January 13, 2005
~ HOT: Opinion On Pretexting Information ~
It is not our priority to be challenging the functions of a PI that are conceivably deceptive during a one on one transaction with someone, as opposed to looking at some broad practices that might cause harm to numerous individuals.
~ Online Libraries: A FREE Investigative Tool
On my other ezine, otherwise known as Investigate THIS!, I talk about some of the free library and research services offered on the web and over the phone.
The San Jose Public Library has a legal publications database, LegalTrac, which provides article citations. The Gale Group proprietary database provides, "indexing for all major law reviews, legal newspapers, specialty law publications, bar association journals and thousands of law-related articles from general interest publications." Most seem to be indexed starting in 1980. Publication types range from the ABA Journal to Army Lawyer.
After you get your list of periodical citations, while sipping your latte, from the convenience of your home office, put on street clothes and trundle down to your local law library to get the full article.
Monday, January 10, 2005
~ PIs Solving Crimes, For Free ~
"My vision is that the law enforcement community will recognize the benefits of having seasoned investigators taking a look at these cases," said Shamshak, who has worked on cases here and in Ireland. "I know as a former police chief I would have welcomed it." Read the article
~ Journalist Gets Parolee Addresses Through CPRA ~
Department of Corrections ordered to release data on recent parolees to freelance journalist
(CFAC 1/6/05)--An Oakland Superior Court judge has ruled that the California Department of Corrections must provide parolee information to a freelance journalist.
CDC had contended that providing the data would violate the California Information Practices Act (CIPA). James Chadwick, attorney for Sacramento-based writer Stephen James, argued that the California Public Records Act (CPRA) mandated release of the information. Superior Court Judge Steven Brick agreed. "Civil Code section 1798.24(g) expressly excepts requests made pursuant to the CPRA from the disclosure restrictions of the CIPA," he said. Brick said the CDC's refusal to disclose the requested information "was not well taken," and ordered the state to pay all costs and attorney fees.
The CDC had also argued that disclosure to the reporter of names, addresses and other information on parolees would violate their privacy rights. Judge Brick's order bars the reporter from publishing such information without the parolees' consent.
Chadwick, a partner at DLA Piper Rudnick Gray Cary, is a member of CFAC's board of directors.
~ Anti-Terrorism Applied to Street Gangs ~
Thursday, January 06, 2005
~ California Attorney General Opinions for Investigators ~
Lockyer concludes,
A sheriff has discretion to furnish copies of photographs of arrested persons, commonly known as "mug shots," in response to a request from a member of the general public, including the news media; however, once a copy is furnished to one member of the general public, a copy must be made available to all who make a request. Read and download this short Opinion
~ Is Google "The Web"? At Your Peril! ~
~ Return of Sex Offender Database ~
Tuesday, January 04, 2005
~ Are You Searching Blogs? ~
Almost all of the detailed background I developed on one subject in a case came from piecing together all his internet posts. His marriage. His divorce. Why he moved. Where he's working...
Continuing on the topic of blog news...
Infomaniac gave PI News Link a kind mention in her December posting: "links to interesting public records information." And head over to Crime & Federalism for some good, healthy back and forth on the merits of PI licensing. Many from the gang are there, blowing off some thoughtful steam, if steam can be thoughtful.
~ Household Products Databases ~
Links to all the online sources for Materials Safety Data Sheets (chemical, physical and toxic properties, and safety and disposal tips for various substances) are at one convenient site.
~ Criminal Statistics ~
Felony Sentences in the U.S., 2002. Presented in a spreadsheet format.
Highlights include the following:
Drug offenders were 32% of felons convicted in State courts in 2002.
State courts sentenced 41% of convicted felons to a State prison, 28% to a local jail, and 31% to straight probation with no jail or prison time to serve.
Guilty pleas accounted for 95% of
felony convictions in State courts in 2002.
~ Meta Job Databank Search Engine ~
The first 5 postings, of 525 results, in the search by keyword "investigator", limited to California, and organized by date follows. A column on the left divides the results into topical folders. Seen here:
Refine Your Search + Child Advocacy Investigator + Investigator any Industry + Criminal Investigator + SIU Investigator + Private Investigator + Market Investigator San Francisco CA + Fire Investigator + Background Investigator + Accordance with Legal Requirements
Actual job postings:
InvestigatorFARA - US-CA-Long BeachInvestigator Full time licensed investigator to conduct insurance defense investigations for SIU. Must have experience and own video equipment. Apply online at http://hr.fara.com or Attn: Chris Will Fax: (504) 888-7614 _*_ E.O.E. From Monster - 1 Day 10 Hours ago
InvestigatorFARA - US-CA-San FranciscoInvestigator Full time licensed investigator to conduct insurance defense investigations for SIU. Must have experience and own video equipment. Please include Salary requirements. Apply online at http://hr.fara.com or Attn: Chris Will Fax: ( 504) 888-7614 _*_ E.O.E. From Monster - 1 Day 10 Hours ago INVESTIGATORDefense Security Service - US-CA-San DiegoCandidates To view a full job description or apply, visit: INVESTIGATOR, GS-1810 - 09 / 12<br /&From AJB - 2 Days 19 Hours ago
Experienced Surveillance InvestigatorLlorente Investigations Inc. - US-CA-Central Valley_*_ From Monster - 1 Day 4 Hours ago
Experienced Surveillance InvestigatorLlorente Investigations Inc. - US-CA-Oakland/East BayCome join our team!!!! Llorente Investigations, Inc. is a premier private investigation firm specializing in insurance defense-related investigations. We have been in business since 1992. Our SIU, and...From Monster - 1 Day 4 Hours ago
Monday, January 03, 2005
~ DATABASE of the Day: Find-A-Snitch! ~
~ I Can't Get No Respect ~
~ DATABASE: Human Genome Scientists and Publications ~
Johns Hopkins University has developed a database of the genome and genetic disorders. A keyword/number search related to disease, genome, chromosome and genetic abnormalities are cross referenced to each other and to relevant medical articles.
~ Canadian Court Records Index ~
B.C. Provincial Judgments index is a FREE search, spanning 1999 to 2004. The B.C. Supreme Court and Appeals Court has a FREE Judgments index for 1990 thru 2004.
Court links to other provinces' FREE searches are listed at the site for Courthouse Library Society.
Other FREE Canadian Court links:
Canada Legal Information Institute. Links to searchable legal sites and court decisions through out Canada.
Unreported Decisions Index. Indexes more than 17,000 unreported B.C. decisions and judgments from other tribunals.
Canadian Employment Insurance Orders. Access all insurance jurisprudence (i.e. CUBs (Canadian Umpire Benefits), Federal Court and Supreme Court decisions).
Tax Court of Canada Judgments. 3,000 decisions rendered by the Tax Court of Canada since November 1997.
Supreme Court of Canada Reports of Published Judgments. Decisions since 1985.
Court of Canada Court Martial Appeal. Decisions since 2001.
