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Library Chief Criticized for Requiring Subpoena
Posted by
CowboyNeal
on Thu Jun 22, 2006 06:29 PM
from the by-the-book dept.
from the by-the-book dept.
sudnshok writes "Hasbrouck Heights (NJ) Library Director Michele Reutty is under fire for refusing to give police library circulation records without a subpoena. Her lawyer explained, 'Reutty did the right thing... At no time did Michele Reutty say to any police officer or anybody else that she would not give the information if it was properly requested.' However, borough labor lawyer Ellen Horn, who also represented the library trustees, said Reutty was 'more interested in protecting' her library than helping the police. 'It was an absolute misjudgment of the seriousness of the matter,' Horn said."
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Protecting privacy (Score:5, Insightful)
sad day
Re:Protecting privacy (Score:5, Insightful)
I like the line "...said Reutty was 'more interested in protecting' her library than helping the police." What, am I supposed to disagree with this? Hell yeah I want her to protect the library and its patrons and only help police when necessary. If it takes a subpeona, so be it. If she can help the police without compromising customers' privacy, that's cool too.
I was talking today about the recent theft of veterans' data and the recent trend of theft of personal data in general. Yes, I am one of those unlucky veterans. Sigh. Anyway, this really is not a privacy issue so much as a Congress issue. Until they force banks, phone companies, etc. to protect our privacy through common sense legislation, we will have personal records stolen with little to no accountability and police demanding our personal records from libraries and elsewhere (or the NSA demanding our records from AT&T). The worst part is, nobody seems to care. It is a non-issue in the news. It happens, but never ignites the flame of public debate and outcry. We care more about Jolie's new baby than our phone records. Sad.
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Re:Protecting privacy (Score:5, Insightful)
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Re:Protecting privacy (Score:5, Insightful)
Interesting how today's government officials habitually speak in the 'ad hominem tense' of anyone who opposes them, isn't it? In a world in which uni-brows don't make police chief that would have read "more interested in protecting her library patrons' rights than helping police efficiency."
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Re:Protecting privacy (Score:5, Insightful)
If she were a *Detective*, maybe I'd expect her to be more interested in helping the police.
Well, since congress has been co-opted into being acting agents of the MPAA, it should be no surprise that some enforcement folks expect to be able to commandeer the investigative efforts of any & all public personnel, on a whim.
I'm glad this lady got it right.
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Re:Protecting privacy (Score:5, Insightful)
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Re:Protecting privacy (Score:5, Insightful)
Wise up and take it back before its too late.
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Oh the Pain (Score:5, Insightful)
When the police are breaking the laws (or sneaking around them) who do we ask to protect us?
Re:Oh the Pain (Score:5, Insightful)
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Re:Oh the Pain (Score:5, Insightful)
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Re:Oh the Pain (Score:5, Insightful)
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Re:Oh the Pain (Score:5, Informative)
That's right, but they do so passively, not actively. In other words, I am protected every time a criminal is removed from the general population and locked up. On the other hand, if someone breaks into my house while I'm home, I have to protect myself. SCOTUS has ruled twice recently that the police have no legal obligation to protect you. There is no law that says I have to be protected from criminals by the government.
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Propaganda in the UK (Score:5, Interesting)
In this drama, the police use illegal means to trap potential criminals.
None of the police are ever criticised or punished in any meaningful way for breaking the rules. The drama shows the rights of innocent people being routinely and egreiously trampled upon.
I see it as the BBC portraying what some people in government would like. No restraint on the police, no rules of evidence, no need, in fact for actual evidence -- just lock up (or better still, shoot) the people you think are the "bad guys". How many people will watch the drama and later think it is OK for the police to take such actions becasue "they have seen it on TV"?
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Re:Propaganda in the UK (Score:5, Insightful)
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Re:Oh the Pain (Score:5, Funny)
Librarians.
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Re:Oh the Pain (Score:5, Interesting)
The phrase "Radical Militant Librarian" was used by the FBI to describe exactly this situation where somebody actually insisted on following the law.
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Key quote from TFA (Score:5, Insightful)
That's actually the best argument she can make. Any case prosecutors will have against this man will be much stronger because the library complied with the applicable law(s) when responding to a police request. What if that evidence had been thrown out because it was illegally, or at least questionably, obtained?
Re:Key quote from TFA (Score:5, Insightful)
It never ceases to amaze me that the most diehard, ardent flag-wavers are usually the least American people of all... those who use the word "freedom" the most frequently seem to have no fucking clue what it actually means.
Parent
Re:Key quote from TFA (Score:5, Insightful)
Basically, there are two ways to deal with crime:
the "due process" model and
the "crime control" model
The due process model revolves around protecting the rights of the accused by presenting formidable impediments to carrying them past each step in the legal process.
The crime control model desires to protect the rights of law-abiding citizens by stressing efficient apprehension and punishment of criminals.
Judges and criminal defense attorneys are all about due process
Criminal prosecutors deal with due process so they can convict
Most Policemen jump for joy at the idea of the crime control model
So, to bring everything back to what you said: The Police don't care about questionable origins of evidence. It burns them everytime evidence gets thrown out on 'technicalities'. They do not like things that impede their ability to arrest 'bad guys'.
Many rational people agree with that point of view, because they see see criminals as enemies, not members, of their community. Anything that prevents the community from defending itself is disabling.
This Librarian is is experiencing, first hand, how crime control people feel about impediments to capturing criminals.
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Grandma was right (Score:5, Insightful)
Re:Grandma was right (Score:5, Insightful)
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Journalism isn't an exact science (Score:5, Insightful)
Re:Journalism isn't an exact science (Score:5, Informative)
Any person who wants to raise a concern or stand up for what they believe in is a "troublemaker", and will be dealt with accordingly. It doesn't matter what it is, the fact remains that they oppose someone in power, and will be harassed unless there is massive public outcry (or lawsuits that prevent further harassment).
Also, this isn't limited to police. Any organization, church or business will have a certain code that, when broken, results in labeling the perpetrator a "heretic" or somesuch.
Also also, I'm not being Orwellian here. This is the way things have always been.
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Re:Journalism isn't an exact science (Score:5, Insightful)
The odds of said librarian getting "severely punished" drop through the floor when this sort of story gets good media exposure, again thanks to the newspaper who broke the story.
Unless you're a tv talking head, or a fact-free syndicated columnist, being a journalist is a crap job. You get to spend all day trying to get info from people who only want to talk to you when it furthers their agenda, and you do it for little money, and no respect.
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Facts (Score:5, Insightful)
The facts are what we are cheering. It doesn't matter whether she helped an alleged pedophile get away or not. (She didn't.) She helped protect liberty. That's more than most of us do in a lifetime.
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Duh? (Score:5, Insightful)
You don't say? That's precisely why that rule exists in the first place! Fucking morons.
huh? (Score:5, Insightful)
Borough labor lawyer Ellen Horn, who also represented the library trustees, said Reutty was "more interested in protecting" her library than helping the police.
"It was an absolute misjudgment of the seriousness of the matter," Horn said at Tuesday's meeting.
What utter bullshit. She doesn't work for the police, and it is her job and her legal mandate to protect the privacy of people who check out books from her library.
These "borough officials" are nothing but a bunch of grandstanding politician assholes trying to make their careers by harassing a librarian who was doing her job the way it should be done. They should all be voted out of office.
Send your thanks to... (Score:5, Informative)
I already have.
(Does anyone else just love that some cases are too important for proper legal procedure? They should have gotten warrants in the first place...)
Re:Send your thanks to... (Score:5, Interesting)
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I'm Sick of Appeals to Fear (Score:5, Interesting)
It's my observation that these people will ALWAYS appeal to our base fear when they encounter barriers to getting the data they want, knowing that no one wants to aid and abet "Sexual Predators" or "Terrorists". That's why the due process laws, calling for subpoenas are in place here in the US (but for how long?) I can only hope that we can come to our senses and end this gross abuse of power. . . . Has anyone else had similar experiences? How come we never really hear much about it?
Re:I'm Sick of Appeals to Fear (Score:5, Insightful)
Um, are you shitting me? Like, are you really serious?
We hear about this ALL THE FUCKING TIME, especially on the internet (e.g., blogs).
Constantly.
More than we ever have before, and more every day. And it's not because there are "more abuses"; there's more people hunting for and collecting evidence about said abuses. Some of these people do it out of genuine concern. Most of these people do it because their political leanings are crystal clear.
And you know what? There aren't really any more or less "abuses" than there ever have been; there are just much easier ways to spread the word. That's what makes people believe we're heading down the primrose path to a fascist state and all this other crap.
Technology cuts both ways: it makes it easier for the government to abuse rights and freedoms, and it makes it easier for everyone else to find out and call them on it.
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Protecting the library (Score:5, Insightful)
I think I'd actually be proud if someone said something like that about me.
It's ironic... (Score:5, Insightful)
Second - the Library director did the right thing. Why? Because if the information she gave was obtained without "due process", the pedophile could get free because of this. Now who would be the one to blame? The Library. Wonderful.
I'd pretty much tell the stupid police to just do their job and STFU.
Re:It's ironic... (Score:5, Insightful)
That's pretty much what she did, and apparently it pissed some of them off. Although, interestingly the police aren't the ones that are threatening her
What I find interesting is that the police were willing to deliberately obtain potentially tainted evidence. Maybe they didn't care: maybe they already had enough on the guy and simply wanted the Library's records to confirm what they already knew. But that's irrelevant: they wanted convenient access to confidential information without going through the proper channels. Frankly, it's not her job to make things easy for the cops: it is her job to, well, do her job.
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My hero (Score:5, Insightful)
Bravo, Ms. Reutty!
This is to be expected (Score:5, Insightful)
That exact scenario has happened before, where these small-town cops get worked up, don't follow the rules, and it ends up hurting what could have been a simple, open-shut case if they had just had patience. I really wish I could post a link to the details (I've spent a lot of time in Jersey Boroughs) but usually there is little to no public record, things get lost, or safety nets are put in place.
Its really really sad actually.
let's do something about it (Score:5, Informative)
HASBROUCK HEIGHTS NJ - http://en.wikipedia.org/wiki/Hasbrouck_Heights,_N
General Info - http://www.hasbrouck-heights.nj.us/general/townin
Mayor Ronald R. Jones
Borough of Hasbrouck Heights
320 Boulevard
Hasbrouck Heights, NJ 07604 USA
Phone: (201)-288-4111
Police Chief Michael Colaneri
Hasbrouck Heights (Bergen County)
248 Hamilton Avenue
Hasbrouck Heights, NJ 07604-1811
Phone: (201) 288-1000
Fax: (201) 288-1691
Bergen County Prosecutor's Office
10 Main Street
Hackensack, NJ 07601
Mon-Fri (201) 646-2300
After Hours (201) 646-2700
Also let's show Ms. Reutty our support!
Michele Reutty, Director
Free Public Library of Hasbrouck Heights
320 Boulevard, Hasbrouck Heights NJ 07604
E-mail: reutty@bccls.org
TEL: 201-288-0488
FAX: 201-288-6653
i am going to give her a call when i get done w/ work.
i gaurantee if the people involved get just a few dozen calls or emails it will make them think twice. please take a moment to show your anger and/or support.
Let's be serious here... (Score:5, Insightful)
If it's that serious, you want a trail of evidence and iron-clad law-abiding police searches and questioning to bring you through prosecution. The fact that the police failed to get a subpeona for a situation where one would likely be needed (they wouldn't have to use it right away, only if the librarian put up a fight).
I applaud this librarian for forcing the police to do their job. Why, if everyone did this, we might actually have a trust-worthy government! Oh, the horror!
The article mentions that reps from a library association went to a meeting to show support for Reutty, but I think it might help if concerned citizens from around the country let their voice be heard.
Hasbrouck Heights Library website [bccls.org]
Here is a list of staff, with the board of trustees at the bottom. [bccls.org] I can't find individual contact lists for them, but sending snail mail to the library and putting their name would probably work.
seriousness of the matter? (Score:5, Insightful)
Apparently the police didn't think it was even serious enough to bother getting a subpoena.
I don't get it... (Score:5, Insightful)
errr... call me stupid, but isn't that what her job supposed to be, protecting the library? I just don't get it... If she wanted to help the police, she'd be a neighborhood watch woman.
Sad fact but... (Score:5, Insightful)
Text of NJ Library Privacy Statute (Score:5, Informative)
a. The records are necessary for the proper operation of the library;
b. Disclosure is requested by the user; or
c. Disclosure is required pursuant to a subpena [sic -- probably transcription error in the database] issued by a court or court order.
L. 1985, c. 172, s. 2, eff. May 31, 1985.
You can't be serious (Score:5, Insightful)
Library Director Michele Reutty is under fire for refusing to give police library circulation records without a subpoena.
You can't be serious!
What if I said:
"Michele Reutty didn't send me a Christmas card last year. This made me very sad and I got angry at some children. This was a blatant disregard for my feelings and resulted in harm to children. I suggest we put a letter of reprimand in her file or suspend her for 30 days."
You'd think I was nuts, right? Why? Well, she is under no obligation whatsoever to send a Christmas card to me. Now, here she is, having been pressured to do something she was under no obligation to do... and frankly, likely in breach of privacy laws as well. She said no. Good on her!
If people want a law that forces anyone to obey arbitrary instructions of police officers (hint: this might be a baaaad thing), then petition to pass one. Until then, she not only did nothing wrong, but she did the right thing. If the police need the information for an investigation, they should get a warrant. Until then, she's done the right thing. Shame on the council members who have suggested disciplinary action.
Re:She Did The Wrong Thing (Score:5, Insightful)
What if the dangerous paedophile actually managed, through hard work and dedication, to get a job on the police force? Sure, the overwhelming majority of police are good, but it's definitely possible for ONE bad cop to get through. Should he be able to get your child's records without anyone even looking over his work to determine if it's 'warranted'?
Food for thought.
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Re:She Did The Wrong Thing (Score:5, Interesting)
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Re:She Did The Wrong Thing (Score:5, Insightful)
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Re:She Did The Wrong Thing (Score:5, Funny)
Apparently you've never been pulled over by a cop in Georgia.
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Re:Why do you hate America? (Score:5, Insightful)
Why should there be an exception for "fighting terror?"
It is the mindset though. Look for more and more things to fall under the concept of 'fighting terror' as a way to get around due process and the Bill of Rights. I remember hearing some guy on NPR say some members of LA gangs were 'street terrorists'.
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Re:The news just ate it up. (Score:5, Insightful)
On top of that journalists are in a position where they can end up in posession of information that the government wants to know, and unlike librarians, they don't have the luxury of giving that info up if they want to continue in their careers. Strong and respected privacy laws are very much in their self interest.
And finally, journalists tend to be literate library affectionados, and, as such, are well disposed toward spunky, privacy-respecting librarians.
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Re:So what? (Score:5, Informative)
That's what a warrant or a subpoena is for, establishing that the police have a legal claim to the information.
-HT
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