Tech | April 27, 2010 | 48 comments

Local computer security expert investigates police practices

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WeAreChangeKy
Eric Rachner sits in the back of a police car the night he was arrested for obstructing an officer. This image is taken from video footage recorded by a camera inside the vehicle -- footage that Seattle police long maintained had been erased.

A drunken street golf game with foam balls has led to a serious civil rights issue, pitting computer geeks against police practices.

Eric Rachner, a Seattle cyber security expert and one of the golf players, wasn't satisfied when the city dismissed charges against him after a possibly illegal arrest for refusing to provide identification.

Rachner discovered through sleuthing that police had withheld video-recorded evidence in his case.

Rachner also hired Seattle attorney Cleveland Stockmeyer to look at his case and probably others where arrests might have been illegal or where police claimed to have destroyed valuable arrest videos that weren't, in fact, erased.

"How many people are sitting in jail who asked for their tapes and were told no, they can't have them," says Stockmeyer. "I don't know. But I tell you we're going to freaking find out."

On a Saturday night in October 2008, Rachner was one of a sizeable group of "urban golfers" who were whacking the faux ball from bar to bar on city sidewalks, alleys and parking lots, imbibing more than keeping score.

Near the last "hole" a sliced shot hit a 22-year-old passerby in the face. The 1 ½-inch foam ball caused no harm other than a sting, but when the golfers laughed at and "heckled" the victim he called 9-1-1, the police report said. Seattle police responded in force.

While their colleagues would soon be investigating a shooting across town, the East Precinct sent four officers to spend an hour rounding up golfers.

"Twenty to thirty people are detained over a Styrofoam ball?" said Dan Kaminsky, an internationally famous Internet security expert himself, who was not arrested, but was among those detained for questioning. "This is ridiculous."

Rachner was wearing a faded t-shirt, jeans and leather jacket, and didn't remotely resemble the guy who misfired the ball, who wore English golfing duds, a Tattersall's hat and fake orange sideburns.

Confronted by officer Michele Letizia, Rachner politely declined to state his name. He also indicated where he kept his wallet with ID. The policeman removed the wallet from Rachner's pocket, but both men declined to open it. The officer expressed fear he could be accused of stealing cash.

Letizia threatened to arrest the 32-year-old Capitol Hill reveler for obstruction if he didn't provide his name as others had. The cop told Rachner that booking on a Saturday night could mean cell time until Monday. Rachner remained mum. Letizia arrested him, based on the refusal to provide ID, according to arrest and court documents.

With those facts, the arrest appears to have been illegal based on a 1982 Washington Supreme Court ruling, though a 2004 U.S. Supreme Court case makes the situation less clear-cut.

Custody for Rachner lasted two hours, not days, but a charge was leveled against him in Seattle Municipal Court for obstructing a public officer. Controversial laws known as obstruction, "stop and frisk" and "stop and identify" statutes have been abused in other cities like New York, studies and news stories show. An obstruction case cited in a 2008 Seattle Post-Intelligencer investigation ended with a federal jury hitting Seattle police with a six-figure penalty.

Rachner's criminal defense attorney sought dismissal of his gross misdemeanor charge, citing the Washington State Supreme Court decision that says arresting a person for nothing more than withholding identification is unconstitutional. One reason cited by the court: This practice allows police too much discretion to pick targets and punish with arrest. Also, the state constitution is more protective of these rights than the U.S. constitution.

But then-city attorney Tom Carr's office kept the prosecution going for half a year. William Ross, the former assistant city attorney who handled part of the case, acknowledged that it is illegal to arrest someone for nothing more than failure to give ID, but declined to discuss case details other than to say the office didn't abuse its authority.

When the arresting officer was asked recently in an interview whether the ID issue was the only reason he took Rachner into custody, he said "no". But he declined to address why his arrest reported cited ID as the only reason, and refused further comment.

Inconsistent memories are why every Seattle officer has a video camera in the squad car and a microphone on their uniform. Expanding in use nationally, they provide an unblinking witness and are automatically activated when the patrol car's flashing lights are turned on. Cops are often more protected than citizens by these videos, but are the police willing to produce the recordings when they might be in the wrong?

Rachner repeatedly tested that question, asking for the video and audio recordings of that night's arrest as part of pre-trial discovery and, separately, in requests under state public disclosure law. That part of the discovery request wasn't fulfilled and the SPD denied the first disclosure request because the criminal charge was pending, records show.

On the day last May when the city attorney dropped the charges because of unexplained "proof" problems -- nearly six months and more than $3,500 in defendant legal expenses after the incident -- Rachner filed another disclosure request for the recordings.

The department responded: "These recordings are both past our retention period and can no longer be obtained. Please note that the majority of 911 calls and videos are retained for a period of ninety (90) days."

"They just flat out said they didn't have it," said Rachner.

Police were wrong. The recordings weren't destroyed and Rachner -- just starting the next round in his fight -- was the kind of person to discover that.


Using his skills as a computer security geek, Eric Rachner spent long hours at his latpop in his apartment sleuthing out what happened to the police video and audio recordings of his arrest.

Rachner didn't hack the police computers, but with attorney Stockmeyer's advice he spent several late nights starting in October poring line-by-line over technical aspects of the video and audio recording system. He examined the Houston-area manufacturer's contracts, specifications and procedures.

Why bother? With charges dropped, Rachner says a major incentive now is protecting his trust-sensitive career in which he is "frequently subject to background checks."

"In this business, even having an accusation on your record has concrete financial implications," said Kaminsky, who became internationally famous in 2008 when he discovered a security hole in the Internet -- the entire Internet -- and helped computer companies worldwide fix it.

Rachner hit pay dirt when a procurement contract and system specs revealed that a computerized log is kept permanently on every video and audio recording, showing when anyone uploads it, flags it for retention, plays it, copies it or deletes it.



In late November, Rachner filed a public disclosure request for the log of his video and audio recordings. His luck changed. He got the log in early January showing the videos had been flagged for retention after the arrest, viewed and kept. He also received a copy of the first video and audio recording. The second recording arrived in early March while a reporter was talking to him on the phone. No explanation was provided for the earlier SPD claim the tapes could not be obtained.




"Why wasn't this an abuse of authority?" asked Rachner.

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48 comments // Local computer security expert investigates police practices

  • lordsbassman
    • 0
      lordsbassman  
    • Over a year later and I have thought about this story multiple times. I have deep respect for the way Rachner cleared his name like that and prove them of wrong doing..

    • 11 months ago
  • RSNUTS1c_Agin
    • 0
      RSNUTS1c_Agin  
    • Hey Hey, This kind of Problems are Going on Every Where. I'm in the Process of going to Superior Court of Pa. Right Now for being Cited in the Wrong Township, Police Commiting Perjury To Convict Me, Having My Shoulder Dislocated & Hospital Bills,The DJ Refusing to View Evidence on a Video From A Police Car,Not Being Allowed a Fair Hearing, Refusing to Admit to The Errors in the Citation which Has to be Thrown Out Due to all the Errors and DJ has Repeatedly Broken Federal Disability Act. Don't Allow them to get away with this kind of STUFF- FIGHT IT. One Problem I have is Getting an Attorney to Take on my Case, Any One Out There that Can HELP ME.

    • 1 year ago
  • jubal
    • +2
      jubal  
    • I am afraid not. If police can lie and get away with it, if there is no accountability for the watchers, then there is no hope for America.

    • 2 years ago
  • MotherForTruth
  • GodsnLiberals
  • Nancyf
    • 0
      Nancyf  
    • Ok. I got a question for you. Is there a way or a program that can get into your computer and see inside ur house and listen to what you say, turning it into a receiver instead of a sender? Like the pixs they took of the kids in Philly? I'm talking sound now, 'cause I got lots of coincidences that are too many not to be evidence...

    • 2 years ago
  • WeAreChangeKy
  • Almibry
  • Nancyf
    • -1
      Nancyf  
    • Almibry:

      Funny you should say that. Somebody kept putting bills on my phone and everytime I call at&t, they kept asking me if I had a cell phone! NOO! I wouldn't use one to save my life! But I do have a cell phone, my uncle died and I ended up with it. But after leaving it on for so long, I gave up and took the battery out. Nobody can fiddle with a dead cell phone, can they?? I didn't have service on it either. But like a computer you can use it to buy if you buy like that. But I don't either. Won't never use computers like that either. Anyway, it must be the illegals doing that crap! Now how can I stomp a mexican worm to death??

    • 2 years ago
  • Nancyf
  • jubal
  • Almibry
    • 0
      Almibry  
    • Nancyf:

      If the sim card is attached to the battery, maybe. As for stomping a worm to death, I'm not a hacker, but a good place to start would be to unplug things that could carry one, it can't work if it has no power. Some may have batteries, so if you talk about illegal shit, it would be best to go somewhere obscure and play some loud music... Have fun with that.

    • 2 years ago
  • RSNUTS1c_Agin
    • 0
      RSNUTS1c_Agin  
    • Nancyf:

      Sorry to Hear about the Problems your having. There mite be a Way that someone can access your Camera on your computer you use to talk with other people. The Security on your Computer mite Need to be Checked. I'm not an Expert but I know people that have Web Cams can spy on Baby Sitters using there on Web Cam from another Computer and if you had Pics. on your Computer and now Someone Else has them it sounds like someone is getting into your system. Cover your Web Cam when not in use for now and check into Your Security on your Computer. You can pull the Phone line from your computer if your using one to Surf online and reconnect it when you want to surf again, You can Do these things for now. Good Luck , rsnuts1c_agin

    • 1 year ago
  • lordsbassman
  • Almibry
  • Admirable
    • +2
      Admirable  
    • Police generally are around to collect their pay checks and help other police cover their crimes... Police need more supervision by civilian authority.

    • 2 years ago
  • Almibry
  • WeAreChangeKy
  • Nancyf
    • -4
      Nancyf  
    • Bullshit. Drug dealers. They even demand the IDs from cops off duty who gets stopped here. You drug dealers are dumb as boxes of rocks! That 's a FACT. All crooks hate getting caught and your words show it!

    • 2 years ago
  • bailey78
    • +2
      bailey78  
    • The police are not going to help you that is a fact. They are there to make money for the State an County. That is not saying some are not doing a good job. I have been rail roaded a couple of times by the local Police. So now I don't leave the house with out a camera that has video capability. I will be recording them just as much as they record me.

    • 2 years ago
  • WeAreChangeKy
  • Miglue
    • 0
      Miglue  
    • bailey78:

      "The police are not going to help you that is a fact.They are there to make money for the State an County." but you dont have a problem with cops inforcing immagration laws in arizona??

    • 2 years ago
  • bailey78
    • 0
      bailey78  
    • Miglue:

      No I don't. Why do you? Being here without the proper papers makes it a crime. what part of that do you not understand? I am glad they are finaly makeing a stand once an for all. That is why they are called ILLEGAL ALIENS they are here illegaly. Why do you want them here are they your cousins?

    • 2 years ago
  • Almibry
    • 0
      Almibry  
    • bailey78:

      That's kinda funny, considering this guy was arrested (illegally) for not having his "papers" (even though it's plastic now, shhh). Not saying illegal aliens shouldn't be deported... It's just funny.

    • 2 years ago
  • Miglue
    • 0
      Miglue  
    • bailey78:

      some yea. but thats not the point. its also a crime for cops to harass people cause of the way they look. which they do already, like you even mentioned in your comment. do you think maybe they will be more or less harassing?? or is it that you just dont care as long as it aint you or your cousins? Your not an american if you dont care about all americans. just think of those that fight and die for your freedom but lose theirs when in arizona. your a hypocrite anyway you slice it. tastes just like apple pie emmm.

    • 2 years ago
  • bailey78
  • bailey78
  • Miglue
    • 0
      Miglue  
    • bailey78:

      when did i say i want more?? im simply saying this is not the right way to go. and people that think it is, only feel that way because it doesn't discriminate against them.....yet. but what do you really think it stops here. there is no telling what could be next old people, young people then fat people or anyone that is visibly different than the majority. but you wont care until you fall in to the wrong category .

    • 2 years ago
  • bailey78
    • 0
      bailey78  
    • Miglue:

      Umm I fell into the wrong category a long time ago. What would you have the Local goverment do alleviate the problem? I really do care what happens to them. But when I break the law especially in mexico I GO straght to jail no if's and's or buts about it. Why should they be any diffrent? I have some friends that came across the border illegally but as some as they could the got the proper papers through a lawyer they work hard they pay taxes and hate wetbacks. they are the first tio say many of them are nothing but parasites bleeding the Goverment dry one welfare check at a time. So tell me Oh wise one what should the Goverment do?

    • 2 years ago
  • Debrinconcita
    • 0
      Debrinconcita  
    • bailey78:

      They have alway's arrested them and sent them back the one's with no papers. Your not getting the new discrimination that this will cause. They will be jacking up anyone and everyone if they think they are Mexican. I am Native American and people alway's start speaking spanish to me, it's their mistake NOT mine? Plus none of them ever have NEVER gotten any Welfare checks not one time! So that is a real misconception and they don't get medical care either, SO don't make things up just to hate on someone. This bill or law if full of all types of discrimination. The way it's been has been fine, why change something if it's working, that's all I'm trying to say!

    • 2 years ago
  • Debrinconcita
    • +1
      Debrinconcita  
    • bailey78:

      Do you have to identify yourself every time you walk down the street? If you did you would know what the problem is OKAY! Everybody here was illegal at one time, that's what I know. The only people who aren't illegal aliens are the Indians. So, how about that one HUH???

    • 2 years ago
  • bailey78
  • bailey78
  • bailey78
    • 0
      bailey78  
    • Debrinconcita:

      Oh yea I don't have to identify myself any more all the local cops know me now. Most of the time if they think I'm up to no good they pull me over just to see what I'm doing they go through my truck with the dog just because they can. I am no stranger to the way the cops misbehave.

    • 2 years ago
  • Miglue
    • 0
      Miglue  
    • bailey78:

      what do you mean you were in the wrong catagor a long time ago? R u black? but you said it bailey you "dont care what happens to THEM" well thats what white people used to say about blacks but now your just like them you've graduated!!!

    • 2 years ago
  • jubal
  • bailey78
  • freehit
    • 0
      freehit  
    • bailey78:

      ooooooh! A long haired hippie freak (or any other spelling there of). Yep them thar long hairs are so un-natural. Don't cha know that G*d wants men to have short hair and those other baby making critters to have long hair? Next thing you'll be saying stuff like nude is natural and men should grow facial hair. You FREAK you. How do you dare expect to be treated like a human (white male & rich) when you are plainly an insult to our beloved American freedom of individuality. People have the right to look any way they want as long as it fits within the strict confines of our rules and laws. Now excuse me while I put cow poop and mud on my head and a gourd on my groin and walk down main street USA dressed to the nines in my formal wear (in some places that is).

    • 11 months ago
  • bailey78
  • Earl_of_Edmonds
    • +1
      Earl_of_Edmonds  
    • eff tha police!!!

      local story for me and one i have followed the last year or so.

      for the record people...never make any statement to a cop, NEVER!!!! please stop thinking what you see on the cop shows is the law.....it is NOT!!!!

      these cops violated everyone's rights in this case....soon AZ will find this out too.

      you do not need to show them your papers!!!!!

    • 2 years ago
  • wellhunggimp
    • 0
      wellhunggimp  
    • Punk ass pigs. The 1% of them that are worthwhile need to pipe up about the things they witness. I know why they don't though, they don't want to get killed.

    • 2 years ago
  • Nancyf
    • -4
      Nancyf  
    • So; what are you telling us? We can do away with IDs and car insurance? And the illegals will help us? why don't we just go march on our capitals and smoke joints to prove THAT law is unconstitutional?

    • 2 years ago
  • Admirable
    • +2
      Admirable  
    • Nancyf:

      The cameras and video should be a part of every contact and arrest of this type of incident and they should be readily available to both defendants and police! They should not be tampered with nor be shut off at the whim of the police officers that may or may not be guilty of misconduct. It should be used toward determining the facts and the truth of the incident in question.

      A third party should be given responsibility and total authority over cameras and video. NOT THE POLICE! A system that would allow for security of the equipment and video as well as unbiased access to evidence and information.

    • 2 years ago
  • Almibry
  • ignignokt
  • treewolf39
    • 0
      treewolf39  
    • Wow, I thought it was only MY arrest they turned the camera off for. Now I am pretty sure they were just lying. My lawyer even mentioned in court how odd it was to have three police cars at an arrest and no video.

    • 2 years ago
  • trut
  • Debrinconcita
    • +1
      Debrinconcita  
    • All police dept.s in every main city need to be investigated. I know the city I live in Portland Oregon has had to change the Chief of Police many times. We have had so much trouble with the Police and their over kill reactions it's sick! We need him to investigate our corrupt Policemen & women also down here.

    • 2 years ago
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