A fugitive people within a nation is tyranny.

Posts tagged ‘arrest’

Some States Are Cutting Poor Dads A Deal On Unpaid Child Support

child support shacklesMany states have opted for oppression when it comes down to child support debt. A few wiser minds are prevailing in a few places. When the state of Maryland wanted to reach dads who were behind on their child support payments, it started in the boarded-up blocks of West Baltimore, in neighborhoods marked by drugs, violence and unemployment.

In just four zip code areas, the state identified 4,642 people who owed more than $30 million in back child support. Most of that was “state-owed,” meaning that rather than going to the child through the custodial parent, it’s supposed to reimburse taxpayers for welfare paid to the child’s mother.

This is a source of great resentment for many men, who say they want their money to go to their children. But most who owe it can’t pay anyway, as they earn less than $10,000 a year.

slavery to children“So even if we use taxpayer dollars to chase ’em down, and we catch ’em, right, and we go into their pockets, there’s nothing in there,” says Joe Jones of Baltimore’s Center for Urban Families.

Are they deadbeat?

Joseph DiPrimio, head of Maryland’s child support enforcement office, doesn’t like that expression. “I think that’s vulgar. I don’t use it,” he says. DiPrimio prefers “dead broke.”

“We’re talking about individuals that are economically challenged, they’re underemployed, but they want to do the right thing,” he says.

Unpaid child support in the U.S. has climbed to $113 billion, and enforcement agencies have given up on collecting much of it. They say too many men simply don’t have the money.

What’s more, research shows that high child-support debt can leave parents feeling so hopeless that they give up trying to pay it.

Breaking Through The Distrust

ecard father bradley amdLike a growing number of state government officials, Maryland’s DiPrimio wanted to make parents an offer. But he needed their trust, and that was a problem.

Research shows high child support debt can leave parents feeling so hopeless that they give up trying to pay it.

And sting operations to round up parents who owed child support have happened all over the country, including Baltimore. In a typical ruse, agencies have sent fake letters telling parents they won tickets to a football bowl game, for instance — but when they showed up to collect, they were arrested instead.

father-sonTo break through years of distrust, Maryland sent letters to parents with the logo of the Center for Urban Families, a nonprofit in West Baltimore that provides job training and other help to poor families.

They made this offer: If the parent takes the center’s month-long employment training course and lands a job, the state will forgive 10 percent of his or her child support debt. If they complete a Responsible Fatherhood program, the state will write off another 15 percent. One of the first persons to sign up was a mother, though the vast majority of noncustodial parents are men.

In a separate “debt compromise” program, Maryland will also write off 50 percent of a parent’s child support debt if they maintain monthly payments for a year.

fathersrightsResponse has been slow. In two years, slightly more than 100 parents have signed on. Many of them attend fatherhood meetings like one held on a recent Wednesday night. Two dozen men — 20-something to middle age, in sweats and in suits — sit in a large square.

Some complain their exes won’t let them see their child if they haven’t paid child support. Others don’t understand why it doesn’t count as support when they take their kids out to eat, or buy them clothes — or say they would do those sorts of things for their kids if their child support obligation wasn’t so heavy.

Mostly, like 30-year-old Lee Ford, they say it’s so hard to find work

“You telling me no matter what, I gotta pay. But I can’t get a job to work to save my soul,” he says.

Group leader Eddie White cuts no slack. “If you know you got a criminal record, sure it’s gonna be hard for you to get a job. But it don’t mean you can’t work,” White says.

A big part of this class is also educational. White asks the men what a person who is paying child support should do if he gets laid off or loses his job.

“There you go, that’s the word. Immediately,” White says. “Immediately ask the court for an adjustment.”

Other Approaches To Debt Relief

Maryland’s program is part of a larger effort to keep impoverished parents from racking up child support debt in the first place.

baby moneySome states are trying to speed up the cumbersome process of adjusting an order when a parent loses a job. Ohio has experimented with sending simple reminders — by phone, mail or text — to parents who need to send in monthly payments. Texas has reached out to newly incarcerated parents, to let them know they can apply to have their payments reduced while in prison — something not all states allow.

“We sent out a teaser postcard trying to combat the ostrich effect,” says Emily Schmidt, a research analyst with the U.S. Administration for Children and Families, who helped with the Texas effort.

Schmidt says there was concern that someone going through the emotional transition of incarceration wouldn’t likely be thinking about child support, and may not even open a letter from the state. So they printed the postcard on blue paper to stand out, and, taking a cue from marketers, it said, “Four easy steps to lowering your child support.”

After 100 days, the response rate among parents was up 11 percent, “a very low-cost intervention for a fairly dramatic effect,” Schmidt says.

barack obamaThe Obama administration wants to “right size” child support orders from the start, and has proposed regulations to make sure they are set according to what parents actually earn. Officials say some jurisdictions base orders on a full-time minimum wage, even if a parent earns far less. They say this can backfire, leaving so little money after a parent’s wages are garnished that he or she quits and works underground instead.

The White House’s proposals also would provide more job training for parents with child support debt — something Ron Haskins of the Brookings Institution says is a good investment.

“More fathers will get a job, more fathers will have earnings, and more fathers will use those earnings to pay child support,” he says.

So far, that’s what’s happened in Baltimore. The numbers are small. But the amount of child support that’s been paid is more than double the amount of debt written off.

Maryland wants to expand its child support debt forgiveness program, hoping to help more parents to pay what they can.

The Character Assassination Of Black Men

reposted from ThinkProgress by Moody Jim Rathbone

Baltimore Police Commissioner Anthony ButtsOn Wednesday, the Washington Post obtained a Baltimore Police Department document, which states that a prisoner in the vehicle transporting Freddie Gray heard Gray “banging against the walls” and “intentionally trying to injure himself.” The Post was given permission to publish the information, provided that the name of the witness remained anonymous, yet the newly-released details counter previous reports about the events leading up to Gray’s death. What is consistent, however, is police departments’ selective release of information that paints people injured or killed by police in a bad light — and mainstream media’s decision to buy into it.

Since Gray’s death, BPD’s missteps in arresting him have been well-documented. In widely-publicized videos of the arrest, Gray yells in pain as three officers drag him to their van. They refused to give Gray, an asthmatic, an inhaler. They didn’t put his seatbelt on. And sometime between his arrest and hospital admission, Gray’s voice box was crushed and his spinal cord severed.

But of all the documents compiled during the course of BPD’s investigation, the one given to the Washington Post offers a different narrative: that Gray injured himself. That document minimizes officer responsibility for the 25-year-old’s death, and it’s emblematic of a larger police strategy to deflect blame.

Scott-police-fatal-shootingIn some instances, officers make false claims that are eventually disproved. Before video of Officer Michael Slager shooting Walter Scott in the back surfaced, North Charleston police claimed Scott grabbed Slager’s Taser and attempted to use it. The Cleveland Police Department said Tamir Rice was sitting at a table, was told multiple times to put his hands up, and reached for his gun before officers shot and killed him. Video later disproved the department’s claims.

In other cases, police disclose background information that has nothing to do with the encounters in question, but which seems to undermine the character of someone who is no longer alive to defend themselves. Sanford Police told the Orlando Sentinel that, prior to his death, Trayvon Martin (who was killed by a private citizen and not a police officer) was suspended for an empty marijuana baggie. In the case against Officer Johannes Mehserle, who shot Oscar Grant in the back while he lay on a train station floor, defense attorneys brought up Grant’s criminal background and history of resisting arrest.

Other times, officials reveal details that fuel local outrage. After Brown was shot and killed by Officer Darren Wilson, the Ferguson Police Department released a video of Brown robbing a convenience store. The day before, Captain Ron Johnson took to the streets in solidarity with peaceful demonstrators, and many believed the tide was turning. However, the ill-timed release of the video was subsequently perceived as a power play to distract from Brown’s death.

equal justice fraudBut cops aren’t the only group to affect smear campaigns against victims of lethal police force, as evidenced by the Post’s decision to publish the BPD document. As noted by Al Jazeera, the New York Times published an article about Brown’s recreational activities, saying “he dabbled in drugs and alcohol” and detailed his “rebellious streak.” The Associated Press tweeted that Renisha McBride, who was shot and killed by a Detroit homeowner, was intoxicated. CBS and NBC reported that Scott had a bench warrant for missing child support payments. Northeast Ohio Media Group detailed Rice’s father’s history of domestic violence.

And since the Washington Post article was published last night, people have taken to social media to express their anger:

WaPo isn’t simply smearing someone murdered by police, they are profiting off of smearing someone murdered by police. #FreddieGray

— Remi Kanazi (@Remroum) April 30, 2015

So the Washington Post reports an unnamed prisoner is claiming #FreddieGray willfully injured himself in transport van. For real y’all.

— ReBecca Theodore (@FilmFatale_NYC) April 30, 2015

Complete takedown of the lies spread by the Baltimore Police & Washington Post on #FreddieGray http://t.co/N0aYK0ZETe pic.twitter.com/QALCmbKQOu

— Shaun King (@ShaunKing) April 30, 2015

overthrow

Police, Courts & Your Constitutional Rights

by Scott Morgan

debtor's prison - tyrannySan Francisco Examiner reported on a series of controversies surrounding constitutional violations by SFPD officers last year.

Private attorney Robert Amparan said at a news conference at Public Defender Jeff Adachi’s office that a judge had just thrown out his client’s felony marijuana possession for sale case because video evidence contradicted the officers’ testimony in court and statements on the police report.

Amparan said 23-year-old McLaren Wenzell did not consent to letting the officers inside his apartment at 33rd Avenue and Geary Boulevard on March 1. He said the officers did not immediately identify themselves as police and did not have a constitutional basis to search the apartment. This issue isn’t about drugs, it’s about your Constitutional Rights versus the current execution of statutes and policies.

In the course of my work to educate the public about how to properly exercise constitutional rights during police encounters, a reaction I hear frequently is, “What’s the point? They’re just going to search me anyway.” Well, as you can see in the story above, police can get busted for bad behavior, and when they do, the evidence is often declared inadmissible. Think about this: if the suspect had instead given consent for the search, there wouldn’t have been any question about the legality of the police entry, and he would have been convicted. The only reason things worked out for him is because he refused the search and relied on his constitutional rights for protection.

But the critical point here goes beyond what happened to this particular suspect in this particular case. Keep in mind that the legal significance of refusing a police search applies whether or not you’ve broken the law, and whether or not police break the law. If officers plant evidence, damage your property, or otherwise disrespect your home, it’s almost impossible to challenge their actions if you gave them permission to come inside. That’s how the law works, and the fact that police sometimes violate it gives you more reason to know and assert your rights, not less.

 

Police: Man Sells Drugs To Pay Child Support

by Jay Ditzer – WLKY

baby moneyLOUISVILLE, Ky. — Police said a drunken driving suspect told them he was selling prescription painkillers to pay his child support.

Police said the officer searched Ford’s car and found a prescription pill bottle with several different drugs inside, including hydrocodone and Xanax.

Ford told the officer he was selling the pills to pay his child support, according to arrest records.

Police said they could not perform a blood test on Ford because he was too dehydrated.

Child Support: A Case Against Arrest

unconstitutional law must goChild support is a civil matter and there is no probable cause to seek or issue body attachment, bench warrant, or arrest in child support matters because it is a civil matter. The use of such instruments (body attachment, bench warrants, arrests, etc) is presumed to be a method to “streamline” arresting people for child support and circumventing the Fourth Amendment to the United States Constitution. It  is used as a debt-collecting tool for unlawful arrests and imprisonment to collect a debt or a perceived debt.

The arrest of non-custodial parents in which men make up significant majority of the “arrestees”, is “gender profiling”, “gender biased discrimination” and a “gender biased hate crime” in that it violates the Equal Protection Clause of the Fourteenth Amendment. A man, pursuant to the Equal Protection Clause of the Constitution of the United States, cannot be arrested in a civil matter as a woman is not.

There is no escaping the fact that there is no probable cause in a civil matter to arrest or issue body attachment. “Probable cause” to arrest requires a showing that both a crime has been, or is being committed, and that the person sought to be arrested committed the offense. U.S.C.A. Const.Amend. 4. In the instant case, no probable cause can exist, because the entire matter has arisen out of a civil case. Therefore, seeking of body attachment, bench warrant, or arrest by the Petitioner (and her attorney), and/or issuing of the same by the court, in this civil case would be against the law and the Constitution.

Under U.S. v. Rylander ignorance of the order or the inability to comply with the [child support] order, or as in this case, to pay, would be a complete defense to any contempt sanction, violation of a court order or violation of litigant’s rights.

Every U.S. Court of Appeals that has addressed this issue, has held that child support is a common, commercial (and civil) debt, See, U.S. v. Lewko, 269 F.3d 64, 68-69 (1st Cir. 2001)(citations omitted) and U.S. v. Parker, 108 F.3d 28, 31 (3rd Cir. 1997).

Allen v. City of Portland, 73 F.3d 232 (9th Cir. 1995), the Ninth Circuit Court of Appeals (citing cases from the U.S. Supreme Court, Fifth, Seventh, Eighth and Ninth Circuits)“by definition, probable cause to arrest can only exist in relation to criminal conduct; civil disputes cannot give rise to probable cause”; Paff v. Kaltenbach, 204 F.3d 425, 435 (3rd Cir. 2000) (Fourth Amendment prohibits law enforcement officers from arresting citizens without probable cause. See, Illinois v. Gates, 462 U.S. 213 (1983), therefore, no body attachment, bench warrant or arrest order may be issued.

If a person is arrested on less than probable cause, the United States Supreme Court has long recognized that the aggrieved party has a cause of action under 42 U.S.C. §1983 for violation of Fourth Amendment rights. Pierson v. Ray, 386 U.S. 547, 87 S.Ct. 1213 (1967).

Harlow v. Fitzgerald, 457 U.S. 800, 818 (there can be no objective reasonableness where officials violate clearly established constitutional rights such as–

(a) United States Constitution, Fourth Amendment (including Warrants Clause), Fifth Amendment (Due Process and Equal Protection), Ninth Amendment (Rights to Privacy and Liberty), Fourteenth Amendment (Due Process and Equal Protection).

Notice: This article is not legal counsel.
You will need an attorney and your own wits
to supply you with the details of your case.

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Child Support: A Case Against Arrest by E.J. Manning is licensed under a Creative Commons Attribution 3.0 Unported License.
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