Police Info Request on GPS Tracking in Wisconsin - Your Cell Phone Knows Where You Were Last Night . . . Who Else Does?

This blog post by ACLU staffer Allie Boehm was originally posted on the national ACLU's Blog of Rights.

On August 3, 34 ACLU affiliates filed 379 public records requests in 31 states around the nation, including in Wisconsin, to seek information about how our local law enforcement agencies are using our cell phone location information to track us.

Chances are you’re walking around with a tracking device in your purse or pocket – a cell phone. Location data from your cell phone can make it easy to get directions or locate the nearest coffee shop, leaving no doubt that your cell phone knows where you are. Even if you use a dumb phone, cell phones constantly send out signals searching for the nearest cell tower in order to make sure your calls actually go through – and companies can estimate your location based on your proximity to nearby towers with ever-improving accuracy. The amount of time they store this information, and in how much detail, depends on the cell phone provider. (Remember the public outrage over Apple’s surreptitious storage of iPhone and iPad user’s location information a few months ago?)

Check out our interactive map to see what agencies we've requested records from in YOUR state!

What’s revealed by this perpetual tracking can be intensely personal; as a court recently found, one’s location might reveal “whether he is a weekly church goer, a heavy drinker, a regular at the gym, an unfaithful husband, an outpatient receiving medical treatment, an associate of particular individuals or political groups — and not just one such fact about a person, but all such facts.”Okay, I hear you thinking, “Right, but I’m not a criminal. Why should I care?” Think again. Law enforcement’s use of cell phone location data has been widespread for years. In fact, just last week, Sen. Ron Wyden (D-Ore.) asked Matthew Olsen, current general counsel for the National Security Agency and President Obama’s nominee to head the National Counterterrorism Center, whether the government can use cell phone location data to track Americans in the United States. Olsen replied, “There are certain circumstances where that authority may exist.” Cagey much?

Here’s what we do know: in 2010, FBI agents investigating a series of bank robberies demanded the records of every cell phone that was near each bank when it was robbed. That same year, Michigan police officers sought information about every cell phone near the site of a planned labor protest.

You might be asking yourself, “how can they do this?” Our laws simply haven’t kept pace with new technology. Furthermore, while we believe that law enforcement should always be required to obtain a warrant based on probable cause to access cell phone location information, the scary truth is that they don’t always obtain said warrant, and courts don’t always insist that they do.

What’s more, much of this jurisprudence is shrouded in secrecy, leaving the public in the dark about when our location information is sought and under what standards. And you were wondering why we only had two examples.

In order to lift the veil on this secrecy – and uncover some more examples of when, why, and how law enforcement agencies are using our cell phone location data to track us – 34 ACLU affiliates are filing public records requests with 379 agencies seeking information including:

• whether law enforcement agents demonstrate probable cause and obtain a warrant to access cell phone location data;
• statistics on how frequently law enforcement agencies obtain cell phone location data;
• how much money law enforcement agencies spend tracking cell phones and
• other policies and procedures used for acquiring location data.

We’ll keep you posted on what we learn. In the meantime, Sen. Wyden (D-OR) and Rep. Chaffetz (R-UT) have introduced bills that would create location privacy protections for law enforcement and the commercial sector. You can urge your representative and senators to support this legislation right now.

Supporting the Wyden/Chaffetz bill is just one way to Demand our dotRights -- we shouldn’t have to pay for our cell phones with our privacy rights.

You can read more about this nationwide info request in the LA Times or on Wisconsin Public Radio where the ACLU of Wisconsin was quoted on why GPS tracking is a matter of basic privacy concern. Stay tuned to the Cap City Liberty blog or follow us on Twitter @ACLUofWisconsin for updates as we learn more about police practices across the state.

ACLU of WI Urges WI Senate to Reject Hasty Move to Repeal Racial Profiling Data Collection Law

The American Civil Liberties Union of Wisconsin is dismayed legislators are seeking to repeal a new tool for police managers seeking to identify and address possible racial profiling in officer initiated traffic stops. Today the Senate Committee on Transportation and Elections voted to send SB-15 to the full Senate for a vote to repeal our state's new traffic stop data collection system.

On January 1, 2011 most law enforcement agencies across Wisconsin began collecting data from traffic stops and searches which includes the actual or perceived race or ethnicity of the motorists they stop. The intention of the new traffic stop data collection system is to make it possible determine if a law enforcement agency or one of its units is disproportionately stopping minority motorists. If so, the agencies' leaders would be able to investigate and determine the degree to which the disparity may be the result of biased policing.

At the public hearing on the bill to repeal traffic stop data collection, it was clear there was a lot of confusion about the new system. The ACLU of Wisconsin testified at the bill's public hearing on February 16, 2011 urging legislators to address problems with implementation rather than denying that biased policing can happen here. Very small agencies may not have the computer capacity to automatically load most of the data requested at the time of a traffic stop -- however -- that is no reason to scuttle a useful and manageable way to address a real problem for law enforcement all across our state.

To give up on a data collection system, that like most other data systems, is bound to have glitches during startup, suggests that opponents of data collection do not take bias in policing seriously. Wisconsin residents from across Wisconsin during a series of listening sessions in late 2009 told of their well-founded concerns. Wisconsin law enforcement officials, community leaders, and national experts were involved in the development of the new system for the Wisconsin Office of Justice Assistance. If the Senate votes to repeal traffic stop data collection, it will send the wrong message. Rather than being problem solvers, they will be moving against the mainstream of law enforcement professionals nationwide who are committed to eliminating bias in policing.

Privacy Rights: Selling a Book to a Resale Shop in Greenfield? "Say Cheese!"

The City of Greenfield Common Council approved a ordinance in April that puts the civil liberties of sellers of books and CDs to resale shops in jeopardy. While it may be well-intentioned, Greenfield's ordinance (PDF) threatens the privacy rights of anyone trying to sell a long list of used items, including books and CDs, at commercial, resale establishments.

Common Council resolution No. 2695 re-wrote the pawnbrokers' ordinance. It requires all types of secondhand article dealers to electronically record information in a database about used items and the people who sold the items to the store. The stores would then have to report this information daily to the Greenfield Police. And most troubling from a civil liberties perspective, the merchants have to take photographs of the seller and provide them to police as well.

The ACLU of Wisconsin is concerned that the new ordinance treats all sellers as potential criminals even though there is no particular suspicion that they have done anything wrong and there apparently is little, if any, evidence that the items they are selling (like used books, exercise equipment or baby clothes) are items that are typically "fenced." It is especially troubling that "expressive materials," such as used books or films on DVD or video, when sold will result in a record of the sellers' tastes and opinions.

The Greenfield Common Council is likely to take another look at this new ordinance as soon as the Tuesday, September 21, 2010 meeting at 7:00 p.m. Check the council’s online calendar for the meeting’s agenda and location. Alders have heard complaints from area businesses and need to hear from residents about why this ordinance is too broad to implement.

For residents of Greenfield, please contact Mayor Michael Neitzke and your Council member to encourage them to amend the ordinance so that it will not threaten civil liberties. The City Clerk’s Office can provide you with the name of your alderperson and their contact information. Contact the City’s Clerk’s Office at 414-329-5219. You can find a complete listing of alderpersons online.

Email us at liberty@aclu-wi.org if you have contacted your alder and he or she is willing to fix this overbroad and instrusive ordinance.

UW Milwaukee Police Conduct Report Leaves Unanswered Questions, Says ACLU of WI

On March 4th, students at the UW-Milwaukee campus gathered to rally over the increase of tuition rates. When they took their message to the University's administration building, police and protesters had a confrontation and students were arrested and ticketed.

We blogged about the incident this spring and we said that an investigation was needed to review the use of force by campus police against protesters. However, the partial release of a report on police conduct by law enforcement experts and the Vice Chancellor leaves questions unanswered.

“The American Civil Liberties Union of Wisconsin is concerned that the University of Wisconsin – Milwaukee may be missing an opportunity to improve the UWM Police Department’s response to free speech activities, including demonstrations, on campus," said Executive Director Chris Ahmuty. "The two-page executive summary of an independent review panel’s report has indicated several deficiencies in terms of planning, training, equipment and tactics. Vice Chancellor Christy L. Brown’s memorandum responding to the report focuses on the prevention of “civil unrest” and absolves, and even praises, the police for their conduct, while endorsing the recommendations in the review panel."

Ahmuty went on to explain that Vice Chancellor Brown’s response to the review panel’s report is inconsistent with the report’s executive summary. What is even more troubling is that both documents fail to suggest ways to facilitate peaceful protest. The apparent mindset of the panel and Vice Chancellor is all about control and the exercise of police authority. The ACLU had hoped that this report would recognize that the vast majority of demonstrators were peacefully exercising their rights to free speech. Because of the deficiencies indicated in the report and poor decisions by UWMPD officers and their superiors during the demonstration the UWMPD did not handle the situation as well as it might have.

“We recognize that officers have a great deal of responsibility and work in often difficult circumstances," said Ahmuty. "Difficult circumstances do not diminish their responsibility to use constitutional methods. Therefore, the ACLU of Wisconsin is seeking additional information on some of the review panel’s recommendations. For instance, we are disappointed that there is a recommendation that officers receive formal training in crowd control tactics and operations, without explicitly including training on the rights of demonstrators in groups."

Hopefully this report will not be shelved as an end of dialogue on campus over how police respond to demonstrations. Constitutionally protected activity needs a trained and measured law enforcement response that protects rather than chills free speech.

This issue has had some coverage in the Milwaukee Journal Sentinel.

Milwaukee Ald. Donovan’s Ill-Conceived Surveillance Scheme Amateurish

According to media reports in the Milwaukee Journal Sentinel and his own press release, Milwaukee Alderman Robert Donovan has procured a recycled armored truck equipped with surveillance cameras for his crime fighting group “Operation Impact.” The Milwaukee Police Department will accept the vehicle, although they did not ask for it, according to a MPD spokesperson. The American Civil Liberties Union of Wisconsin is concerned that the Alderman appears to be offering his constituents publicity rather than the professional policing they deserve.

“South side residents face crime, poverty, and family hardships just like other city residents," said ACLU of Wisconsin Executive Director Christopher Ahmuty. "However, these conditions are no excuse for the second-rate police service the alderman is offering. The alderman’s scheme will tend to divert police resources. It will also tip off criminals who will see the armored truck parked on their block, thereby giving them a chance to move their operations.

“The Milwaukee Police Department trains its officers in proper and legal surveillance and search procedures. The alderman should leave policing decisions to police commanders. Residents don’t need amateurs to protect them. The alderman shows a disturbing willingness to put his schemes ahead of the reputation of innocent residents and professional police.”

The ACLU was quoted on this issue in the Bay View Compass, on WSAW.com, NBC's TMJ4 , and there was a story including an ACLU quote and a video on the surveillance truck on Fox 6 in Milwaukee.

Police GPS Tracking Question Left Unanswered by WI Supreme Court; ACLU Seeks Legislative Response

On Tuesday July 20th, the Wisconsin Supreme Court sidestepped the question of whether there are any constitutional limits on police use of global positioning system devices to track people in their cars. Instead, the Court decided that a court order obtained by the police in the case of State v. Sveum satisfied the warrant requirement of the Fourth Amendment to the U.S. Constitution and the Wisconsin Constitution. We've blogged before on the privacy implications of this issue.

Although the Court did not decide whether a warrant is required, its ruling has the effect of overturning the Court of Appeals’ prior decision, which held that placement of and tracking with GPS devices was not “search or seizure,” and thus did not require a warrant from a judge or even that the placement and tracking be “reasonable.”

“The Court’s decision leaves open the core question of whether there are any constitutional limits to prevent the police from misusing such powerful technology to invade the privacy of innocent people,” said Catherine Crump, a lawyer with the American Civil Liberties Union, who submitted a friend-of-the-court brief along with the ACLU of Wisconsin (PDF) and the Electronic Frontier Foundation.

“The Court’s decision underlines the need for the legislature to put common-sense limits on use of GPS technology to prevent police officers with personal grudges or elected sheriffs with political axes to grind from placing GPS units on enemies’ vehicles to see what meetings they attend, what night spots they frequent and what churches they do – or do not – attend,” said Chris Ahmuty, Executive Director of the ACLU of Wisconsin. “Except in rare emergencies, law enforcement should have to show a judge they have a reasonable law-enforcement basis for tracking someone before they start.”

Lawyers on the friend-of-the-court brief include Amelia Bizzaro of Henak Law Office in Milwaukee, Crump of the national ACLU, Jennifer Granick of the EFF, and Larry Dupuis of the ACLU of Wisconsin. G. Michael Halfenger of Foley & Lardner argued the case before the Supreme Court on behalf of the amici. Madison Attorney Dean Strang, of Hurley, Burish & Stanton, represented Sveum.

The issue has had news coverage by the Associated Press and the Milwaukee Journal Sentinel and on WCCO, a CBS affiliate that serves the Twin Cities and western Wisconsin, WAOW-TV in Wausau, the Wisconsin Radio News and Wisconsin Public Radio.

Take Action: Dane County Board to Vote on Racial Disparity Action Team

It’s no secret that Wisconsin has a real problem with the arrest and incarceration of a disproportionate number of people of color. Wisconsin is often cited as being among the top states with disproportionate minority incarceration, even when compared to neighboring states like Minnesota and Illinois. The capitol city and Dane County are no exception.

When Governor Doyle created a statewide task force to research and address the problem back in May of 2008, the group’s work culminated in a report issued by the Office of Justice Assistance on racial disparities in the criminal justice system. Dane County’s Office of Equal Opportunity created a task force of their own and issued their own report about the problem on the local level.

We often hear stories from people who contact the ACLU because they feel they were subject to racial profiling, police abuse or discriminatory treatment by the criminal justice system. And each person’s story stays with us while we try to navigate a sometimes frustrating system of task forces and reports. But systemic change happens one task force meeting and one page of a report at a time. And Dane County is poised to take one step forward in taking real action on the problem of disproportionate minority incarceration.

On Thursday, May 20, the county board will consider a resolution accepting the Dane County Task Force on Racial Disparities in the Criminal Justice System and create a Recommendation Implementation Team. The meeting begins at 7:00 p.m. in room 201 of the City-County building in Madison. Dane County residents are welcome to attend and register in support of Resolution 235, 09-10 on this issue.

This is an important step in the work of local leaders to do something about the many systemic problems that result in the disproportionate minority incarceration rate in Dane County. An implementation team with teeth is needed to improve police practices, allow for common sense prosecution and sentencing alternatives (especially for juvenile offenders), improve the complaint resolution process, and set up reentry programs to stop the revolving door for people who could reoffend.

A copy of Thursday night’s meeting agenda can be found online (PDF). More information on the Dane County Office of Equal Opportunity Task Force, their research and final report with recommendations for action can also be found on their website.

If you live in Dane County, please contact your county board supervisor in support of Resolution 235, 09-10 on creating a county implementation team on racial disparities in the criminal justice system. You can find your board supervisor’s contact information on the board’s website.

Protest-Police Confrontation at UW MKE Needs Public Investigation

On Thursday, March 4th, a protest of students against the administration of the University of Wisconsin Milwaukee led to a confrontation between protesters and police. Police used pepper spray against protesters and sixteen people were arrested or detained. Police said most would be charged with disorderly conduct or obstruction of justice.

ACLU Reaction
The ACLU of Wisconsin issued a statement calling for an investigation of police conduct during the incident and was quoted in today's UWM Post article. In the statement, Executive Director Chris Ahmuty expressed dismay at the reports about the confrontation between demonstrators and the University and Milwaukee police officers. He said on Thursday that while it was unclear if laws were broken by police or students, it was clear that the confrontation following an unsuccessful attempt by some demonstrators to forcibly enter the Chancellor’s office included the police using pepper spray, apparently confiscating cell phones with cameras, and detaining and arresting demonstrators who may have been simply exercising their right to free speech and freedom of assembly.

"The apparent decision of the police to treat the demonstration as an unlawful assembly or disorderly conduct needs review,” said Ahmuty. “Demonstrators who were arrested or ticketed deserve a fair review of their cases, so that any who were within their rights are not forced to go to court." Ahmuty also said that the ACLU of Wisconsin would consider representing students who were unjustly arrested or ticketed.

“In addition, the ACLU of Wisconsin calls upon Chancellor Santiago to conduct a review of the incident to assess how well the University’s policies and procedures protect First Amendment rights as well as campus safety," said Ahmuty. "Such a review must be independent from the University Police and must be transparent. The results must be made public.”

Media Coverage
There is a lot of footage of the protest on YouTube as well as the posted footage from the camera of the student journalist who was arrested.

The UWM Post had a story and video coverage of the rally as well as interviews with police after the confrontation. The situation also got coverage in the UW Badger Herald, the Milwaukee Journal Sentinel, TMJ4 with video of police conduct and another TMJ4 site with raw footage of the protest and arrests, WITI FOX-6 with video, CBS-58 with video and WISN-TV. The Students for a Democratic Society, one of the organizers of the event, also issued a statement after the protest.

GPS Tracking: Turning Science Fiction Into Reality

As a fan of the The Wire, I can find lots of plot twists and exciting scenes that illustrate the basic constitutional balance between the rights of individuals and the power of law enforcement. The Wire portrays police who follow the rules and those who don't as they wiretap, search, photograph and otherwise conduct their investigations into complex criminal cases.

In one episode, Detective Leander Snydor has followed a drug dealer to a house which might link him to other criminal relationships. Snydor skillfully walks past the dealer's car, fixes a GPS tracking system to the underside of the vehicle, and walks away with a whistle.

That might seem like smart cop work when aimed at an enormous, fictional drug ring in the mean streets of Baltimore. But GPS is no longer HBO fiction. In Madison, Wisconsin, where law enforcement agents used GPS to track someone suspected of violating a restraining order without first getting a warrant, it's very, very real. Unfortunately, according to the Wisconsin Court of Appeals, we should let go of the expectation that police need permission to track our movements.

The Wisconsin Court of Appeals held in State of Wisconsin v. Sveum that the use of a GPS device was not a "search or seizure" and didn't fall under the Fourth Amendment. The consequence of this reasoning is that the police are free to track individuals' vehicular movements wherever they go and without any approval by a court. This is true even though tracking someone's movements can give a detailed picture of someone's personal associations—they can be tracked to churches, bars, protests or their doctor's office.

While a GPS tracking device isn't as invasive as a strip search, we expect the Fourth Amendment to protect us from police spying by making it a requirement that law enforcement agents demonstrate to a court that they have a strong reason to believe that such tracking will turn up evidence of a crime.

On Friday, the ACLU and the Electronic Frontier Foundation (EFF) filed a friend-of-the-court brief (PDF) with the Wisconsin Supreme Court to urge justices to reverse the lower court's decision. While we can all agree that the police should help enforce a restraining order, allowing them the power to obtain information on the location of anyone's car and movements, for any reason or for no reason at all, without a valid warrant, is unconstitutional.

GPS tracking shouldn't be used by police or other government agencies without a judge's agreement that the tracking is based on a good reason to believe it will turn up evidence of a crime. Without court oversight or just cause for the use of this technology, our private lives as revealed by our movements can surely turn our country into a Big Brother reality.

In the brief (PDF), the ACLU and EFF argue that, whether or not the U.S. Constitution applies, the Wisconsin Supreme Court should conclude that Article I, Section 11 of the Wisconsin Constitution protects this state's citizens from such intrusive police surveillance.

This blog is cross-posted with the national ACLU's Blog of Rights.

Racial Profiling and Knowing Your Rights Continues King's Debate on Justice

The ACLU of Wisconsin celebrated Martin Luther King Day with a very successful Know Your Rights/Racial Profiling workshop in Racine. The workshop was part of Voces de la Frontera’s Martin Luther King Day Celebration at the Memorial Hall.

About 60 people of all ages learned from ACLU of Wisconsin staff and volunteers how to flex their rights and spot racial profiling. Importantly, attendees also learned how to take action if they are a victim or a witness of police discrimination. The workshop focused on how to handle police encounters such as being stopped on the street or in a car. Many of the participants are now eager to pass the knowledge of their rights onto the rest of their community.

We also debuted our new Know Your Rights bust cards - part of a initiative to make region-specific bust cards listing local community organizations that can assist with law enforcement concerns.

Other speakers helped to put current issues of racial profiling into context. Attendees were focused as Geraldine White, affiliated with the Racine Branch of the NAACP, spoke about her years with the civil rights organization, ths Southern Christian Leadership Conference (SCLC), and some of the life-changing events that she witnessed there with Ralph Abernathy and Dr. Martin Luther King, Jr.

Maggie Piery, longtime ACLU of Wisconsin volunteer and a student at UW-Parkside, shared her experiences speaking to law enforcement and community at the Office of Justice Assistance Traffic Stop Data - Racial Profiling listening sessions last month.

Contact us if you'd like to host a Know Your Rights/Racial Profiling workshop.




- Submitted by ACLU of Wisconsin intern, Sharon Cross

Too Many Cameras on Madison's State Street?

On January 1st, the Wisconsin State Journal published an article on the success of the use of surveillance cameras on State Street in downtown Madison. The ACLU of Wisconsin expressed an initial concern with the cameras, mostly because of the ubiquity of surveillance and the need for continued vigilance on the potential for abuse of surveillance tools. The spread of the use of surveillance cameras downtown was suggested for local business too.

Since then, police say that cameras have greatly helped with fighting crime (no percentage decrease in crime was noted in the article, but a murder that got a lot of press was mentioned to have been solved). We commented on the article in an interview yesterday with WORT FM’s In Our Backyard:



It’s true that surveillance cameras can be excellent tools in identifying perpetrators who break laws. But there are also reports from across the nation (and in the UK where CCTV surveillance is huge) about the abuse and misuse of cameras. If someone used a panable, zoomable surveillance camera to spy without cause or warrant into one of the residential apartments along State St., how would residents know they were being watched? Ideally Madisonians trust police and business owners to do the right thing. But our community needs more assurance that surveillance cameras aren’t at risk for abuse.

And while we are talking about privacy and technology, is anyone else freaked out about the full body scans they are putting in airport security checkpoints? Travelers on the news are being quoted as saying that they would welcome scanners to feel safe on airplanes, but at what point will smart terrorists find a way to get explosives past even this technology? Where will American’s breaking point be where humiliation at the airport is too much to consider giving up privacy as the price of safety?

News roundup: ACLU weighs in on Tasers in Madison, returning prisoners and voting rights, upside-down flag case gets more press

Here’s a quick wrap-up of some civil liberties related news of the week…

Police Practices
ACLU of Wisconsin legal director quoted in Cap Times article on Taser use by Madison police.

Criminal Justice
Here’s a nice article in the Wisconsin State Journal about Madison-area support groups for returning prisoners. While we are working with a large coalition on important voting rights reform in Wisconsin, this is a good reminder about the barriers people face when trying to integrate back into society after incarceration.

Free Speech
We’re taking the case for the guy in Crivitz, WI who had his upside-down flag removed by police after community complaints. A Green Bay NBC-26 website shares some hostile emails between the DA and a constituent upset by the DA’s role in the flag issue. The news got a mention in On Milwaukee and on the TMJ-4 Milwaukee station website.

And the web is all atwitter about the Kenosha curse word issue. Did you catch our post earlier today? The news also gets attention on the Examiner Milwaukee blog. Share the Cap City Liberty blog post with your friends by clicking on the "share" button at the end of the section.

Know Your Rights... Just in Time for the Mifflin Street Party in Madison

The American Civil Liberties Union Student Alliance - UW will host a timely “Know Your Rights Workshop” on Wednesday, April 22 from 7:00 – 9:00 pm (check Today in the Union (TITU) for location).

The workshop will be led by Madison criminal defense attorney Erik Guenther of Hurley, Burish, and Stanton Law Firm and a volunteer attorney for the ACLU of Wisconsin.

“I conduct Know Your Rights Workshops regularly on college campuses around the state,” said Guenther. “It is important to me as an attorney to share my legal knowledge with college students who may not know what their constitutional rights are when they find themselves in precarious situations with police officers.”

The workshop will take place ten days prior to the annual Mifflin Street Block party, scheduled for Saturday, May 2. The Mifflin Street Block Party has consistently resulted in many arrests of students and community members. In 2008, 438 attendees were arrested, 383 cited and released, and 51 sent to the Dane County Jail.

“The Mifflin Street Block Party is a well-known haven for arrests and it is important for students to know their Fourth and Fifth Amendment rights when dealing with Madison Police,” said Guenther.

Event sponsor ACLUSA-UW aims to be a campus and community civil rights educator.

“The ‘Know Your Rights Workshops’ are just a small, but important sample of the work we do on-campus and in the Madison community,” said ACLUSA-UW president and senior Tracy Fleischman. “Most people are unaware of the extent and details of their civil liberties, so we want to change that.”

During Freakfest, Madison’s annual Halloween block party occurring on State Street, members of the ACLUSA-UW handed out “bust” cards to attendees, meant to serve as a reference for party-goers in the event that they are arrested.

“The cards got a very positive response among those attending Freakfest and far fewer arrests occurred than in past years,” Fleischman said. The number of arrests dropped considerably from 2007’s Freakfest, with only 77 arrested, compared to 181 in 2007, 235 in 2006, and 566 in 2005.

Check UW-Madison’s Today in the Union (TITU) on Wednesday April 22nd for the exact location of the event.

For additional information on the “Know Your Rights” workshop and the ACLUSA-UW, contact Steve Horn at sahorn@wisc.edu or (262) 705-5856.

Racial profiling in WI: will seat belt enforcement help or hurt the problem?

Americans agree that sometimes police use racial, ethnic or religious stereotypes as a factor in selecting which motor vehicle drivers to stop and search. It's called racial profiling and it is a practice that shouldn't be a part of law enforcement. The trouble is it's hard to get a hold of the scope of the problem if it isn't well-defined and tracked.

The American Civil Liberties Union of Wisconsin wants law enforcement agencies to determine the extent of unlawful racial profiling and to stop it. But the Governor's proposed budget includes a double-edged sword: funds for primary seat belt enforcement along with a data tracking requirement. In response to these budget provisions, the ACLU of Wisconsin sent a letter with our concerns to Representative Jason Fields (D-Milwaukee) and the co-chairs of the Joint Committee on Finance.

We are urging legislators, “to strengthen the proposed budget’s racial profiling section, and to evaluate (and potentially sunset) its primary seat belt enforcement section.”

“These two budget provisions are related because one will track the problem of racial profiling while the other allows primary seat belt enforcement that could exacerbate the problem of racial profiling,” said ACLU of Wisconsin’s executive director, Chris Ahmuty.

“We are suggesting that Wisconsin go ahead with a trial of primary seat belt enforcement, but sunset it if analysis of the collected data determines that primary seat belt enforcement is a source of unlawful stops and searches based in part on racial profiling,” Ahmuty said. “Ever since the Governor Tommy Thompson created the Governor’s Task on Racial Profiling in 1999, we have been waiting for action. Ten years is long enough to wait.”