Of course there are traces of pot on that money

As recently reported by RawStory, a waitress in Moorehead, Minnesota, is suing the local police department after they seized $12,000 from her under the guise that it was “drug money.”

From the article:

Stacy Knutson was working at the Moorhead Fryn’ Pan restaurant when she discovered a wad of cash wrapped in rubber bands in a to-go box.

“No, I am good; you keep it,” Knutson claimed the customer told her when she tried to return the money.

At first, police told her she could have the money back if no one claimed it 60 days. After 90 days, they still refused to return the money, telling her it was being held as “drug money.” > [… because a] drug-sniffing dog determined [the money] had a strong odor of marijuana.

Now, think about this for a second: this article on snopes.com confirms as true the urban legend that 80% of our money is contaminated with some small amount of cocaine. That, by itself, should cast into suspicion any attempt to seize money based on it being “drug money.”

As stated elsewhere in the story, Stacy said she “feels like [she] did the right thing by calling the Moorhead Police” despite the fact she “desperately needed the money.” I have to question whatever wisdom there was behind trusting the local police department with $12,000, which should come as no surprise to my regular readers. This is yet another way that drug prohibition has ruined our sense of justice and our society: it is un-American (specifically, a violation of the Fourth Amendment of the Constitution) to just take someone’s property.

What I think happened here is that the Moorhead PD realized they were strapped for cash just like Stacy, and that combined with a case of “heavy badge-itis” led someone to say “let’s just say a drug dog sniffed this and smelled pot on it, so we can keep it.” It’s entirely possible the money was even intentionally contaminated with marijuana prior to letting the drug dog sniff it.

It wouldn’t surprise me if Stacy’s lawsuit prevails after something very similar to this is revealed in court. If so, I hope some heads roll in Moorhead, as those in government (particularly law enforcement) can’t be allowed to get away with this in any decent society.

The Amanda treatment: another drug prohibition horror story

I was in shock when I first read this.

CopBlock reports on the nonsensical arrest of Amanda, who I would assume for privacy reasons has been identified only by her first name. From the article:

Amanda, a mother of 2 who has already been forced to live with her ex due to the housing bubble and the recession is scheduled to be arraigned on April 10th for felony possession of ephedrine with intent to manufacture.

That’s legal speak for they believe she was trying to make meth. Never mind that she has never manufactured meth nor ever intended to. […] [A] box of Sudafed she had allegedly purchased was found at a meth lab the cops raided last month. She was never seen at the meth lab. […]

This gross miscarriage of justice is attributed to a single box of Sudafed found in the meth lab, which authorities traced back as having been purchased by Amanda. […] Ultimately, Amanda’s real crime was that of being a good neighbor. She thought nothing of it when a friend asked for some cold medicine during cold and flu season (and why would she?). She gave him some Sudafed, a decongestant, which can also be used in the manufacture of the drug known as methamphetamine or crystal meth.

For those that aren’t aware, in 2006 a Federal law came into effect requiring stores to log and limit sales of products containing ephedrine, pseudoephedrine, or phenylpropanolamine. This is how the box Amanda gave to her neighbor was traced back to her. Several states enacted similar less stringent laws prior to the Federal law. These laws are, of course, an attempt to hinder the manufacture of methamphetamines, yet another battle in this so-called “war on drugs.”

Do the cops really expect the average person who just wants to help their neighbor say “sorry, I can’t do that, you might be trying to make meth” or something similar? I think the majority of well-meaning people will happily hook up their neighbor with a bottle of cold medicine, especially during the middle of flu season. And any one of them could easily get what I’m going to call “the Amanda treatment.” And that’s wrong, and that shows just how flawed drug prohibition is.

A hoodie, Skittles, iced tea, and a homicide

I’ve probably let this story cool down a bit more than I should, though technically it is still topical. So, it’s high time for me to weigh in on it before it goes completely cold. For those of you who have completely tuned out of the news over the past 6-8 weeks or so, I’m talking about the death of Trayvon Martin.

As the story goes, on the night of Sunday, 2012 February 26, Trayvon Martin was walking back to The Retreat at Twin Lakes where he was visiting his father and his father’s fiancée at their townhome in the complex. Trayvon had walked down to a 7-Eleven convenience store, purchased a bag of Skittles and a can of AriZona iced tea, and was walking back when he was spotted by George Zimmerman, the captain of the neighborhood watch.

What exactly happened is still under investigation. We know Trayvon was fatally wounded by a gunshot at the scene, from Mr. Zimmerman’s gun. Mr. Zimmerman was not charged and arrested until today (Wednesday, 2012 April 11), shortly after a new state’s attorney, Angela Corey, took over the case. For further detail I refer you to the Wikipedia article and/or your favorite search engines, as news coverage of this story from whatever news service one may prefer is plentiful.

That said, even though this case is under investigation, there are plenty of things to comment on at this point in time, that are known to the public.

Quoting the Miami Herald’s news story:

Police Chief Bill Lee said that although police do not encourage watch program volunteers to carry weapons, he recognizes a citizen’s constitutional right to do so. No arrest was made, Lee said, because there was no evidence to disprove Zimmerman’s account.

The exercise of one’s legal right(s) is not always a good idea. While the First Amendment guarantees freedom of speech and freedom of the press (among others), it is not always best to tweet, Facebook, or blog everything. I personally am right now, in a situation where it is in my best interests that I not reveal certain things in a blog post, at least for the time being (not exclusively my own best interests, of course, and I know this is probably a temporary situation).

And such it is with Mr. Zimmerman’s Second Amendment right to carry a firearm. Does he have this right? Yes. That doesn’t necessarily make it a good idea in this situation. Especially in light of the fact that neighborhood watch captains are discouraged from acting as vigilante police. On one hand, I want to say if the problem is that out of hand, a neighborhood watch is just putting potentially vulnerable people in harm’s way and a real armed security detail (either private security guards or real off duty police officers) need to be on patrol for a while. On the other, if it’s known that the neighborhood watch patrol is armed, it can act as a bit more of a deterrent.

Mr. Zimmerman also followed Trayvon in spite of the request of the 911 operator that he not do so. I’m not sure why Mr. Zimmerman did this, but in general, disregarding instructions of a 911 operator is a bad idea. I don’t see anything that would make it a good idea in this instance following the timeline to this point–even without knowing the eventual outcome.

I will admit Trayvon’s death is tragic, but an even bigger tragedy would be an injury to our Second Amendment rights as a result. Yes, there will be the occasional idiot with a gun that somehow qualified for a concealed carry permit despite clear evidence it was a bad idea. No, this doesn’t mean we should institute stricter gun control, it simply means that even the best laws may fail us once in a while.

It doesn’t help that the shooting appears to be racially motivated and/or an instance of racial profiling. As sad as it is, I believe we would not be having the great controversy about the case were it a white victim of similar age in the same situation. I believe racial profiling is wrong regardless of the race profiled against, but the reality is news agencies would not see the profit in sensationalizing the possible murder of a white male in a similar situation.

While I don’t pretend to know everything about the case, at first glance I don’t see any way Mr. Zimmerman has out of this without getting at least a manslaughter conviction. I may follow up on this shortly before or during the trial–and I do believe this case will go to trial–or sooner if more facts become known that would change how I feel about this. I will certainly be following up after the trial.

An absolutely insane move by the Department of “Homeland” Security

Not too long ago, The Independent reported on an audacious request by the US Department of Homeland Security. That request was for British airlines to submit the personal data of British citizens flying to Cuba, Mexico, and parts of Canada to the US DHS.

From the article:

New rules require British Airways and other airlines flying to certain airports outside America to submit passengers’ personal data to US authorities. The information is checked against a “No Fly” list containing tens of thousands of names. Even if the flight plan steers well clear of US territory, travellers whom the Americans regard as suspicious will be denied boarding.

Yes, you read that right: even when the flights don’t go over US airspace, much less land in the country.

And it’s this kind of meddling in the affairs of other countries that makes me give pause to being proud to be an American. I don’t see how it is the business of the US government what citizens of another country are flying to, say, Toronto or Mexico City.

To make matters worse (again quoting the article):

Those who do supply details may find their trip could be abruptly cancelled by the Department of Homeland Security, which says it will “[m]ake boarding pass determinations up until the time a flight leaves the gate … If a passenger successfully obtains a boarding pass, his/her name is not on the No Fly list.” In other words, travellers cannot find out whether they will be accepted on board until they reach the airport.

So, a British citizen planning a vacation in Cancún could arrive at the airport, go through all the song and dance required by security, then find out at the gate that the US DHS has placed him on the “no fly list” and the vacation is off.

One also has to wonder how an American traveller in Europe would react if he were denied boarding on a flight from London to Rome because the German government had not received sufficient data from him.

And some still wonder why the rest of the world dislikes Americans and hates the US government. Well, things like this are why. This is a slap in the face to the rest of the world. This is, dare I say it, un-American. I don’t know what the DHS was thinking when they came up with this, but I wouldn’t be surprised if this runs afoul of some international law somewhere.

Shame on you, DHS.

Who’s the real “Bully” here?

This particular story has been developing for quite some time before my blog post. So rather than weigh in after just one story, I will link to several:

This should not, however, be considered an all-inclusive timeline, because to fully understand the controversy surrounding “Bully” requires a look at how we even got the present day movie ratings to begin with. We’ll get there.

The documentary film “Bully” is about, well, bullying in schools. The first EW.com story above says it best:

It’s a tricky catch-22: How do you make an honest movie about the epidemic of adolescent bullying and not have it land an “R” rating?

And it begs the question: whose fault is it that one can’t make a movie about what goes on in schools that kids need to see, without risking the wrath of the MPAA ratings board in the form of an “R” rating (or even an “NC-17” rating)? The easy answer is to blame the schoolkids for using that kind of language in school (and I understand that teachers and faculty shouldn’t tolerate it, but at the same time they can’t be everywhere and hear everything all the time). The more difficult, but possibly more correct, answer is to blame the MPAA’s no-nonsense hard limits on certain swear words, at or above which the “R” rating becomes automatic.

For those of you unfamiliar with the MPAA’s rating system (which would include most of my readers outside the US and Canada), this is a summary of the MPAA’s official guide:

  • “G”: General Audiences. Children of all ages can see these films alone, no questions asked. Minimal violence, no profanity, no drug use, no sex or nudity. Most “G” rated feature films are intended for children, though the “G” rating by itself does not signify this.
  • “PG”: Parental Guidance Suggested. Most theaters will still allow unaccompanied children into these films. There may be some profanity, violence and/or brief nudity, but nothing intense. (Any drug use will also disqualify a film from a possible “PG” rating; “Whale Rider” got a “PG-13” for a brief shot of drug paraphernalia.)
  • “PG-13”: Parents Strongly Cautioned. We’re still not at the point where theaters will deny admission to unaccompanied children. One of the harsher expletives or any drug use are an automatic “PG-13” rating. Usually, two or more of the harsher expletives, or one such utterance in a sexual context, will result in an “R” rating (see below). The “PG-13” rating came about because the existing categories of “PG” and “R” were too broad and was actually suggested by Steven Spielberg, who in 1984 directed “Indiana Jones and the Temple of Doom” and produced “Gremlins”, both of which were controversial because of their “PG” rating.
  • “R”: Restricted. Now, we’re getting into films made primarily for adults. Most theaters will check identification and deny admission to children under 17 for an “R” rated film. To quote the MPAA: “Generally, it is not appropriate for parents to bring their young children with them to R-rated motion pictures.”
  • “NC-17”: No One 17 and Under Admitted. This replaced the original “X” rating in 1990 (“X” had long since been taken over by, and is now nearly synonymous with, pornographic films). These films are, in the judgment of the MPAA ratings board, made for viewing by adults and appropriate only for viewing by adults. Most theaters will not screen an “NC-17” rated film. Most video rental chains will not stock titles rated “NC-17”. Again quoting the MPAA: “NC-17 does not mean ‘obscene’ or ‘pornographic’ in the common or legal meaning of those words, and should not be construed as a negative judgment in any sense. The rating simply signals that the content is appropriate only for an adult audience.” Nevertheless, many movie producers consider an “NC-17” rating a “commercial death sentence” for the reasons mentioned before.

How did we get here? The gory details are at Wikipedia’s article on the MPAA film rating system. The system grew out of the original Production Code, commonly called the Hays Code after Will H. Hays, Hollywood’s chief censor. The first MPAA film “rating” was actually not G, PG, R, or even M or X; it was “SMA” for “Suggested for Mature Audiences” toward the end of the Production Code era.

The MPAA ratings system is labeled a “voluntary” system. Technically, this is the case. No motion picture producer is required to seek an MPAA rating to release their completed work. But take the example of “Kids”, a 1995 drama film where all of the major characters are no older than 17. It was rated NC-17 by the MPAA, but later released unrated; Harvey and Bob Weinstein were forced to buy back the film from Disney, releasing the film under a one-off company Shining Excalibur Films, since Disney’s policy forbade the release of an NC-17 film. (And yes, these are the same Weinsteins who own the distributors of “Bully” today.)

Did kids of the 1990s really need to see “Kids” as much as today’s kids need to see “Bully”? Probably not. Are there kids who could benefit from seeing “Kids”? Probably. Are there kids who will not get to see “Kids” until they become adults because of the NC-17 rating the film originally received? Most definitely, and I feel this is evidence of how broken the MPAA’s rating system has been and continues to be.

To quote the fifth EW.com story above:

TWC had mounted an aggressive effort to persuade the MPAA to reverse its initial ratings verdict. Nearly half a million people signed a petition from Katy Butler, Michigan high school student and former bullying victim, on Change.org to urge the MPAA to lower the rating. “The kids and families in this film are true heroes, and we believe theater owners everywhere will step up and do what’s right for the benefit of all of the children out there who have been bullied or may have otherwise become bullies themselves,” said TWC president of marketing Stephen Bruno. “We’re working to do everything we can to make this film available to as many parents, teachers and students across the country.”

Despite all the outrage, all the petitions, and a member of Congress getting into the act, the MPAA hasn’t budged. “Bully” is still, according to the MPAA ratings board, rated “R”. Most high schools and middle schools will not show an “R” rated film for liability reasons. So in effect, the MPAA rating would keep the film from being seen by adolescent students, the ones for whom the film is intended to benefit. Adults don’t really need to see this film, and it’s not aimed at them.

Fortunately, at least some theaters are showing some common sense. AMC is allowing parental permission slips for their children to go see “Bully” unaccompanied, and Regal is treating the film as any other “R” rated film (unfortunate in a way, but at least it is in their theaters). This quote of a quote from the last of the EW.com stories is quite revealing (and refers to AMC’s move regarding the permission slips):

“This move, regardless of intentions, sets a precedent that threatens to derail the entire ratings system,” said PTC head Tim Winter in a statement. “If a distribution company can simply decide to operate outside of the ratings system in a case like Bully, nothing would prevent future filmmakers from doing precisely the same thing, with potentially much more problematic material.”

Mr. Winter says this like the MPAA’s rating system imploding upon itself is a bad thing. I think AMC is doing the right thing here. Even more interesting is that TWC will be using the “Pause 13+” rating given by commonsense.org. (As I understand it, the “Pause 13+” rating is an acknowledgment that the film is aimed at those 13 and older but has content some parents may consider inappropriate for that age.)

I don’t think commonsense.org’s ratings system is perfect, but in this case “Pause 13+” says a lot more than “R” ever could. Maybe it’s time for a few more filmmakers and theater chains to do things that “[threaten] to dreail the entire [MPAA] ratings system.” At the very least, this latest controversy over a film’s rating means it is time for MPAA to get out of the film ratings business and leave it to another organization to either overhaul the ratings system to fulfill its original goal of giving parents concise information, or devise an entirely new one.

It smacks of conflict of interest for the trade association to be slapping ratings on films. Especially given that of the one of which can effectively end a film’s commercial life, and at least one other which is often misleading and which merely says “may not be appropriate for under 17” without acknowledging that 13- to 16-year olds are probably those who most need to see it.

What also really worries me, is the MPAA’s huge cloud of secrecy about its ratings board and their decisions. The people on the ratings board have joint control of what is, figuratively, a loaded gun that they can point at a movie and (commercially) kill. The end of the film “This Film Is Not Yet Rated” should show the MPAA ratings appeal process, from the point of view of the producer. Unfortunately, all we get are descriptions, and re-enactments of the phone call from “someone at the MPAA” detailing the secrecy of these proceedings.

I am undecided as to whether or not secrecy is a symptom of another problem, or part of the problem itself. But I do know you can’t have full accountability with this level of secrecy.