Sunday, February 28, 2010

Utah bill would shield names and salaries of public employees

"SALT LAKE CITY — A legislative proposal seeking to bury information about most public employees' salaries under a veil of anonymity will now be studied by lawmakers this summer.

HB266, sponsored by Rep. Kraig Powell, R-Heber City, would maintain public access to specific earnings information, listed by name, on elected and appointed officials, but all other civil service positions would only contain a generic job title with a salary range."

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Location Oakland, Ca - Private Investigator

License Plate Software Stirs Privacy Concerns

"THE notion of roving cameras snapping pictures of license plates conjures up television shows like Fox’s counterterrorism series, “24."

It’s not just fantasy, though. Americans are already watched by a variety of security agencies using electronic surveillance technology, and in this post-9/11 world, there seems to be no turning back.


Privacy advocates, though, are not altogether comfortable with license plate numbers being electronically recorded by commercial operations.


While their views on the gathering this data may vary, privacy groups uniformly agree that the real issue is what happens to the photos after they are taken: how long they are stored and by whom; how secure the data is and whether it might be shared with third parties. Are the photographed license plate numbers matched against other lists, like credit scores or addresses?"
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Location Oakland, Ca - Private Investigator

Monday, February 22, 2010

Anatomy of a search - finding people through online sources

"People often ask me to help them find people with a search and help them track down someone who has their money or property. I’m no private investigator, but there are some simple methods we use at Watchdog Nation to find people. They work most of the time.

Are you looking for someone? Not for a date — but because they ripped you off? Then read on. This letter arrived last week from a reader:"

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Location Oakland, Ca - Private Investigator

Sunday, February 21, 2010

Missouri Senate backs measures on adoption records access, foster family recruitment

"The Senate gave unanimous approval Thursday to a bill expanding access to birth certificates for adoptees born after Aug. 28 of this year."

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Location Oakland, Ca - Private Investigator

This week's public records blunders

Running up the tab while denying public records
Agency first denies public records request, then doles out taxpayer money to comply.

Favorable treatment for University donors may be shielded
When public records are reclassified to "protect" fundraising advantages at public schools




Location Oakland, Ca - Private Investigator

Saturday, February 20, 2010

Facebook key tool in divorce cases

"Facebook has become the primary source of online divorce evidence, with 66 percent of divorce lawyers saying they use the site regularly, according to the survey. Fifteen percent said they use MySpace and 5 percent use Twitter, the survey showed, while 14 percent said they use other Internet sites to cull information.

Academy president and Nashville-based lawyer Marlene Eskind Moses said Facebook has become "such a rich source of information" that it goes without saying that it will help in divorce cases. For that reason, she said, she usually advises clients to either take down their Facebook pages completely or use them only for business purposes while they are going through a divorce."
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Location Oakland, Ca - Private Investigator

Idaho law enforcement officers’ home addresses could be removed from public records

From IdahoReporter
"Idaho police officers want to remove the home addresses of all law enforcement officials from state public records. The protection would cover police officers, prosecutors, judges, and corrections officers.

“It’s easy for people in the public, including criminals, to find a police officer’s home address and threaten their spouses and children,” Boise Police Officer Joel Teuber told the Senate State Affairs Committee Friday. Teuber, who also spoke for the Idaho Fraternal Order of Police, said attacks and threats to law enforcement officers have increased during the past few years, including threats to employees at state prisons. “They’ve had several incidents where inmates’ family members have gotten a hold of a correction officers’ home phone numbers and addresses and used that to harass, threaten, and intimidate staff members and their family, sometimes to the point of using it to coerce the staff members to do favors for the inmates.”

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Location Oakland, Ca - Private Investigator

Texas Freedom of Information request timelines examined by the state Supreme Court

From the FOI Foundation of Texas:
"Governmental bodies have 10 business days to either comply with a request for public information, deny the request based on allowable legal exceptions or seek an Attorney General’s opinion. But sometimes the request may be considered too broad and need clarification from the requestor. When that happens, does it freeze the 10-day time clock or reset it after the clarifying information is provided?"
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Location Oakland, Ca - Private Investigator

Friday, February 19, 2010

Federal court disparity between the treatment of government agents and defense private investigators

From the EvidenceProf Blog:
"A few weeks ago, I posted an entry about Federal Rule of Evidence 615, which provides that 
At the request of a party the court shall order witnesses excluded so that they cannot hear the testimony of other witnesses, and it may make the order of its own motion. This rule does not authorize exclusion of (1) a party who is a natural person, or (2) an officer or employee of a party which is not a natural person designated as its representative by its attorney, or (3) a person whose presence is shown by a party to be essential to the presentation of the party's cause, or (4) a person authorized by statute to be present.
That post dealt with the recent opinion in United States v. McClendon2010 WL 272878 (6th Cir. 2010), in which the Sixth Circuit found, inter alia, that defense counsel's private investigator was not an "essential" person under Rule 615(3). The recent opinion of the Tenth Circuit in United States v. Lott, 2010 WL 529310 (10th Cir. 2010), reveals how courts treat governmental case agents under Rule 615 and raises questions about the Rule's fairness.

In Lott, Johnny Marton Lott sought a certificate of appealability from the Tenth Circuit to challenge the district court's denial of his motion to vacate, set aside, or correct his sentence for various drug-related crimes. Lott alleged, inter alia, that his attorney rendered ineffective assistance by failing to seek sequestration of the government's case agent, Detective Phil Long, during his trial under Federal Rule of Evidence 615. According to the Tenth Circuit,"

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Location Oakland, Ca - Private Investigator

South Carolina emergency medical service calls closer to becoming a public record

"Records of how emergency medical services respond to calls should be part of the public record. Thanks to a vote Thursday by the state Senate Medical Affairs Committee, South Carolina is one step closer to making those records accessible to the public.

The South Carolina Press Association had lobbied to make records of emergency calls — including response times and the names of emergency medical workers — open to the public. Those records now are kept private because of an obscure provision in a state law passed several years ago at the request of the state Department of Health and Environmental Control."
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Location Oakland, Ca - Private Investigator

San Mateo County judge hears testimony in cell phone privacy case

"It's now up to a San Mateo County Superior Court judge to decide whether to set a legal precedent on the powers police have to search a person's cell phone following arrest.

After nearly three and a half hours of testimony and arguments Thursday afternoon on the legality of Daly City police officers' search of an identity theft suspect's iPhone, Judge John Runde said he will consider the case and issue a ruling. It's not clear when that decision will come.

Under current state law, police have the power to do a limited search of a person's cell phone at the time they are arrested. But privacy advocates argue that the mountain of personal information that can be carried on a cell phone should be protected from search until police have enough evidence to get a warrant. A separate but similar case is being considered by the California Supreme Court."

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Location Oakland, Ca - Private Investigator

Oklahoma Senate bill keeps birth dates private for public employees

"The birth dates of public employees would be confidential under a bill that passed the Senate on Thursday.

Senate Bill 1753, filed by Sen. Debbe Leftwich, D-Oklahoma City, passed with a vote of 44-0. No senators asked questions or debated the bill, which now goes to the House."

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Location Oakland, Ca - Private Investigator

Thursday, February 18, 2010

Arizona government assistance recipients may become a public record

"HB2276, which now goes to the full House, starts by opening up the records of three specific programs: the state Medicaid system, the long-term care system and the Kids Care program that provides health care to children of the working poor.

But Stevens made it clear that this is just a first step. Eventually he wants driver license information from the Motor Vehicle Division and information on who has filed state tax returns from the Department of Revenue, though he said that would not include actual income information

The bill may not even stop there.

As approved Tuesday, HB2276 says the names of those enrolled in these programs "are public records and available to the public'' in accordance with the procedures of state law. That alarmed Rep. Chad Campbell, D-Phoenix."

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Location Oakland, Ca - Private Investigator

County May Close Online Property Name Search

"Mecklenburg County's online property records are a hit with residents trying to track bad landlords, delinquent taxpayers or home values.

But the county is considering stripping the site of one of its most easy-to-use features: searching by name.

Law enforcement officials worry that criminals seeking revenge could find police, prosecutors and judges."  
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Location Oakland, Ca - Private Investigator

Convict Seeks New Trial Over Prosecutor's Facebook Entries

"A Somali man convicted of attempted murder in Hennepin County, Minn., wants a new trial, alleging the prosecutor in his case posted anti-Somali comments on her Facebook Internet page.

An attorney for Ahmed Ali filed a motion Tuesday accusing Hennepin County attorney Gretchen Gray-Larson of writing derogatory remarks about people from Somalia on Facebook during the trial.
Ali was recently convicted in the August 2008 shooting that wounded three people at the Cedar Riverside Plaza in Minneapolis.

The Star Tribune reports the motion for a hearing was not specific about the alleged remarks. The case is scheduled to be heard Monday in Hennepin County. Gray-Larson did not immediately return a call left by The Associated Press seeking comment.

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Location Oakland, Ca - Private Investigator

Wednesday, February 17, 2010

Google Integrates MySpace to Search, But Not Proud of it

"Google seemed to have quietly implemented MySpace Real-Time Search API just now. The announcement was actually made by MySpace so I checked out the Official Google Blog if there was any update about this but didn’t find any.  Probably because it’s too early or maybe Google just don’t want to make a big fuzz about this?"
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Location Oakland, Ca - Private Investigator

Policing police on social networking sites

"Cops tweet, too. And Facebook and Myspace. That's why one local police chief is taking steps to make sure his officers don't post anything in cyberspace that could come back to haunt them.


Utica police Chief Mark Williams says an article in a law enforcement publication prompted him to head off the problem, instead of reacting to it once it happens. Williams says some police agencies have had problems with defense attorneys mining social media websites for damaging photos and posts from police officers in order to discredit them on the witness stand during criminal trials. So Williams decided to address the issue in writing, and make it policy at UPD."
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Location Oakland, Ca - Private Investigator

San Joaquin County now runs fingerprints through immigration database

"San Joaquin and Stanislaus now join eight other counties in California, including Solano, San Diego and Los Angeles, in running the fingerprints of everyone booked into their jails through Homeland Security immigration records, along with other routine criminal record checks.

If fingerprints match those in the Homeland Security database, Immigration and Customs Enforcement (ICE) is automatically notified and can determine what actions, such as deportation, should be taken."

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Location Oakland, Ca - Private Investigator

Tuesday, February 16, 2010

Private Investigator Research Links - Week of February 12


Posted from Diigo. The rest of my favorite links are here.

Friday, February 12, 2010

Google Buzz Automatically Exposes Gmail Information

If you have Gmail, you may be live on Google Buzz. Without realizing it, your e-mail and personal data, including contacts, became exposed to public scrutiny. Gmail users were automatically added to Google Buzz with no privacy warning. Even Facebook, the subject of lawsuits and attacks by privacy advocates, doesn't automatically spill all the beans.

After facing criticism and a lawsuit or two involving its privacy policies, Facebook can at least tell its critics that it's better than Google Buzz. By being part of the new Gmail social-networking Relevant Products/Services service Relevant Products/Services unveiled this week by the search giant, users are automatically exposing their Google profile, including their e-mail, to everyone who can do a Google search.  
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Location Oakland, Ca - Private Investigator

Feds push for tracking cell phones

"Two years ago, when the FBI was stymied by a band of armed robbers known as the "Scarecrow Bandits" that had robbed more than 20 Texas banks, it came up with a novel method of locating the thieves.

FBI agents obtained logs from mobile phone companies corresponding to what their cellular towers had recorded at the time of a dozen different bank robberies in the Dallas area. The voluminous records showed that two phones had made calls around the time of all 12 heists, and that those phones belonged to men named Tony Hewitt and Corey Duffey. A jury eventually convicted the duo of multiple bank robbery and weapons charges.
Even though police are tapping into the locations of mobile phones thousands of times a year, the legal ground rules remain unclear, and federal privacy laws written a generation ago are ambiguous at best. On Friday, the first federal appeals court to consider the topic will hear oral arguments (PDF) in a case that could establish new standards for locating wireless devices.


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Location Oakland, Ca - Private Investigator

Wednesday, February 10, 2010

Bay Area-based international private investigator has mostly switched to being a novelist

"SACRAMENTO, Calif. - Steven Gore is used to living the low-profile life. Clandestine, even.

That's changed now that the Bay Area-based international private investigator has mostly switched to being a novelist, though he'll still handle domestic cases "for attorneys I really like." Gore's debut thriller, "Final Target," is due in bookstores Feb. 9 (www.stevengore.com).

Because of the secretive nature of his work, he's never given an interview to the media until now, he said. Gore traveled globally for 30 years as a PI specializing in financial and international crimes, and has parlayed his adventures into "Final Target," the first novel in a trilogy."  
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Location Oakland, Ca - Private Investigator

Saturday, February 06, 2010

Louisiana public records opinion addresses release of proprietary information

"Public officials can decide whether a document contains proprietary information before releasing it to a public records request, but must inform the company that provided the information before doing so to allow for legal appeal, according to an opinion released this week by Attorney General Buddy Caldwell's office.

The opinion, sought by the Department of Insurance, says the agency "must produce copies of documents in its custody" to the media or the public under the Public Records Act. However, proprietary data and trade secrets are excluded from public disclosure."

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Location Oakland, Ca - Private Investigator

Maine legislature bills to close registry of deeds records

"There are two really bad bills being heard at the State House this week, both of which ask to exempt Maine's registries of deeds from the state's Freedom of Access Act.

These registries contain records from hundreds of years of commercial, public and private property transactions. And, since property taxes are the foundation on which Maine's public revenue rests, the public has a very keen right to know who buys which property from whom, for what consideration and, perhaps, what purpose."

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Location Oakland, Ca - Private Investigator

Washington State Driver Records Available Online

"The state of Washington recently launched a new online service that permits a driver to request his/her own record. Requesters can view and print a PDF copy of the record. There is a $10.00 fee and use of a credit card is required. The driver's SSN must be on file.
 
Note that Washington offers a free online inquiry called Driver Status Display. The user may verify if a person has a valid WA DL, CDL, ID Card, Motorcycle endorsement or permit. All responses are in a yes or no format, no personal information is provided."

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Location Oakland, Ca - Private Investigator

N.J. Sen. Loretta Weinberg proposes expanded access to public records - Bridgeton News

"Amy Newman/The Record Sen. Loretta Weinberg announced the introduction of two bills designed to increase the public's access to government records and meetings today. TRENTON -- New Jerseyans would gain greater access to public records and more ..."

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Location Oakland, Ca - Private Investigator

Wisconsin bill would limit public, media access to 911 recordings - Green Bay Press-Gazette

"State lawmakers must close 911 recordings to the public so the media can't play them and traumatize victims, the father of a man who found his fiancee murdered told a Wisconsin Assembly committee Thursday."

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Location Oakland, Ca - Private Investigator

D.A.: Press Aide's Taping Phone Interviews Was OK

"The Alameda County District Attorney has agreed with Attorney General Jerry Brown's staff that the secret taping by Brown's press spokesman of phone interviews by a reporter was not unlawful, given that the results were going to be on the record in any case.

As reported by Jack Chang in the Sacramento Bee,

Brown's office had asked District Attorney Nancy O'Malley to conduct the independent investigation into the repeated recordings made by communications director Scott Gerber, who resigned in November after news broke about his actions."

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Location Oakland, Ca - Private Investigator