Keene Police Take Car Off Private Property

April 12, 2009 by
Filed under: Copwatch, Police, Ryder Report 

**Please see [Read More] for the answer to this question from Lt Maxfield**

Why, on April 12, 2009, did the Keene Police take this car off a private driveway? Was this an unwelcome visitor to this property? Was there an issue with the owner’s temporary license plates? Was there “contraband” found inside the vehicle? It should also be noted that the car was driven to the flatbed, so the police had the car’s keys as well.

Nick,

OK, I’m going to “address your concerns.”

The car was towed because of this: http://speakoutdanville.org/documents/weldy.pdf . If you had actually asked the cop, instead of presuming he or she should have come over to you to explain themselves, then you would know.

Driver was well under 21yoa, had alcohol in the car. Driver gets arrested, car gets towed, that’s the law. He didn’t live at that address, that’s just where he happened to pull into when he was stopped for blowing through a stop sign (and endangering people by doing so). It’s called the “Kingston Decision” and is the result of a private lawsuit several years ago, one of the results of which was we, the police, have had any discretion on that specific situation legislatively removed. If the officer had done otherwise, they certainly would have gotten disciplined and possibly fired.

I’m going to ASSume you didn’t ask the cop, just the tow truck guy. If you did ask the cop, and they ignored you and just drove off, let me know, because that’s not how I’ve told them to interact with you folks. That’s not the openness and respect I’ve told them to afford you guys.

Shane

  • MKYORDJ

    Thanks for covering this Nick!

    I don't think the Keene P.D. realizes that there's going to be A Lot more of this type of Coverage, sooner than later, as People are getting fed up with all the Silence from those who are supposed to doing the People's business Openly, not secretly.

  • http://ringingliberty.com Paul

    Yes, I think they do themselves a disservice by not describing the nature of their actions. Perhaps the car was stolen, for example, and was going to be returned to the rightful owner.

    This would help the citizens (who the police supposedly work for, remember?) understand when police really are working to protect them, and when there truly is something to object to.

  • http://webryders.net nick

    Please see the updated portion of this post.

  • http://libertyactivism.info bile

    I generally agree with Shane on this one. The original assumption should have been neutral and the cop outright questioned as to the goings on. If the officer was flagged down and ignored you I'd recommend calling the department, asking about the incident and then letting them know the officer ignored you as Shane mentioned above. If assumptions are made spur of the moment and are recognized as such later I'd recommend in the future editing the comments out or clearly declaring that it was inappropriate in the post.

    To Shane if you are reading this. I understand that some of these Keeniacs and their behaviors can be frustrating. However, it is in all our benefit if you keep as professional as possible in your dealings with them just as you would like them to act toward you. There is no reason to use ad hominem attacks or condemn "the group." There are always multiple ways of attacking an issue. Some of these FSP members choose to make particular points by performing guerrilla gardening (it seems you may misunderstand the point of that exercise, not that I necessary believe the point will be understood or internalized by any of those intended) or performing the copwatch. I'd recommend an equal amount of effort spent in open dialog and involvement with local government and residents regarding a community garden / food co-op as well as a FSP crime watch. I would hope everyone would recognize that all peaceful means of change play a role in enacting that change. Some are more effective than others. Some are purely symbolic and may only be useful in stirring the base. Each person needs to find out what works best for them. So long as everyone involved is professional, respectful and peaceful we will all be better off and more likely to succeed in our respective goals.

  • http://libertyactivism.info bile

    Between the time I read the post and I posted my last comment the article has been updated and a portion of Shane's response was cut. Was that by the request of Lt. Maxfield?

  • http://webryders.net nick

    Bile,

    I'm a second-guessing machine. I felt at this point to only keep the portion of the e-mail up that related specifically to the post, and not to my actions in general. I'm unable to contact Shane for now since I don't believe he checks e-mail when he's off hours.

    I have replied to Mr Maxfield, but will take more time tonight to craft a better response and address some of his other points. until then, I don't think the one sided e-mail shows either me or him in a positive light.

    If he were to contact me and preferred I repost the e-mail in it's entirety, I would do so.

    Sorry for the confusion.

  • http://ringingliberty.com Paul

    Shane's response is reasonable, and the cop should have been asked. I had assumed that an attempt had been made.

    I do recall other incidents where the cops certainly refused to comment — for example, the arrest on central square, but I am glad that this policy is changing.

  • http://libertyactivism.info bile

    Understood. Just wanted to know what had happened given the tone and seriousness of the removed part.

    I agree it deserves a specific addressing and not directly related to the incident.

  • MKYORDJ

    Thanks to the Officer, Shane for posting the information regarding this and I apoligize for my "guessing" there was silence on this.

    I too thought the Officer was ignoring the Individual with the camera and it would have been very helpful, if the Officer had simply been asked.

    Bottomline, it's great to see that the Keene P.D. realizes that they Never have to fear any threat of violence from those associated with the Free State Project and that the FSPers really are, just peaceful people, trying to win more Freedom back, and do deserve respect, that Shane has professionally recommended.

  • Devin

    the article has been updated and a portion of Shane’s response was cut

    Yes it appears that the peace officer's vulgar language has been removed from the public forum.

    that’s the law

    Never forget that everything Hitler did in Germany was legal. – Martin Luther King Jr.

    If you had actually asked the cop, instead of presuming he or she should have come over to you to explain themselves, then you would know.

    If you and your staff don't want these questions being raised, then you should be as open as possible from the get go. Yes, even to the point of volunteering information. Otherwise, don't be surprised and offended when these questions are asked. If you truly are a public servant, then you should have nothing to hide and it shouldn't be a problem. If what you are doing is right, then you should be glad that your actions are being recorded so you can proudly say "Yes, we had a good reason for our actions and our system is just and effective". I understand that the officer wasn't asked, but I also saw no allegations in the video that he was actively concealing information. I cannot speak to the maker's true intentions, but the point I got from it was just to publicly ask the question "why?". Which we as taxpayers should have a right to ask if this is a free country shouldn't we? I don't see a real conflict here, just a misunderstanding of intentions.

    blowing through a stop sign (and endangering people by doing so)

    Interesting. So what damage was caused to these victims?

  • Charlie

    Alcohol and Traffic Lights justifies shackeling and being thrown in a jail cell. Thanks for solving problems and upholding justice, Officer! If you didn't enforce quasi-alcohol prohibition and if we didn't have traffic lights, we would all be unsafe without you.

    Hans Monderman, a traffic engineer from Friesland, the Netherlands and the creator of Shared Space shows that traffic lights don't work and there has been no motorist accidents since he removed them.

    /sarcasm/

    Plues, legislators writing down solutions on legal documents to be enforced by coercion always have the intended effect, successfully improving society. Just look at the effects of alcohol probition removing alcohol from society.

    /sarcasm/

  • Anton Lee

    that Shane, what a guy. Now if he'd just stop arresting peaceful people.

    Perhaps I'm asking too much. It might be too difficult. It's tough NOT arresting rapists and thieves and instead busting people for planting in the garden and sicking the boy thugs on people standing in a courtroom.

  • AnAmazedReader

    Oh, come on, Anton. Why, those rapists and thieves wouldn't even exist if it wasn't for the oppressive power of the state. Without all those arbitrary laws against rape and stealing, and all those people hired to enforce them, human destructiveness and venality would magically become a thing of the past. You know it, because you read it somewhere, right? Genius!!!

  • http://ringingliberty.com Paul

    I'm sure if we got rid of the violence the state perpetrates, there still would be rape and murder. But hey, at least we'd have less violence. Government perpetrates theft and violence against me all the time (Apr. 15 anyone?), but I've never been attacked by a rapist or murderer.

    Amazed, are you capable of considering the substance of an idea, or only of sarcastically deconstructing your own straw men?

    Let's start with this: Why do you believe it is okay to extort money from people by threatening to bring men with guns in to kick them out of their house? I assume you have some moral belief. How is it that you consider this form of theft moral? Please try to give a substantive, not a sarcastic answer.

  • AnAmazedReader

    Paul,

    I appreciate your realistic answer, to wit:

    "I’m sure if we got rid of the violence the state perpetrates, there still would be rape and murder."

    So, the inevitable questions that your statement inspires are:

    1. Anything specific that you would propose doing about said rapes and murders?

    2. If said rapes and murders were addressed by some sort of action, who would decide what that action would be, and how?

    3. How would that action be carried out, and who would do the "carrying out"?

    I can't wait to hear this one.

  • Zeus

    Amazed: Maybe if you listened to or read The Market For Liberty — available on this very website, you wouldn't have to ask these questions.

    But at least you're asking — and with a minimum of sarcasm to boot. That's something new.

    Hope, it springs eternal.

  • http://ringingliberty.com Paul

    Amazed,

    Remember, of course, that these are only my ideas and views. Just as I could not invent all of the amazing products and services we have today, I could not imagine many of the potential solutions that might arise, to meet people's need for protection and justice.

    1: Firstly, of course, if the potential victim has the capability to defend themselves from the attempted violence, they should do so. If, however, the act is carried out, the perpetrator should be made to pay restitution to the victim, or in the case of murder, the family of the victim. This would likely mean forced labor. This forced labor would not be the immoral initiation of force, but only a response — restitution for the violence committed by the perpetrator. I think this would benefit the victim more than a long stint in jail for the perp. If the perpetrator continues to be dangerous, however, the labor may need to be performed in a secure, perhaps jail like setting.

    2: The victim's defense agency and the perpetrators defense agency (assuming they are different) would work out a restitution plan. If they could not agree, there would no doubt be agreements in place which specify a court of arbitration which could select appropriate action. Remember that both of these defense agencies, as well as the court of arbitration, will have a strong interest in seeing that justice is served. If they are perceived to be unjust or unfair, they will lose customers. It might also be that the victim has an insurance policy, which would pay them damages immediately, at which point the insurance company would be responsible to go after the perpetrator for restitution.

    3: The action would be carried out by security officers of the protection agency(ies).

    Remember, it is the Initiation of force that is immoral. It is not immoral to respond to force with force. For example, apart from the fact that they are funded through taxes, I agree with the police prosecution of violent crime, theft, fraud, etc. The main problem with our current system in these cases is not that police prosecute these crimes, as they should, but that people are not free to choose an alternative security force instead, if they believe it will provide them with better service. Also, as I say, the punishment should be based around restitution — a lifetime in jail helps no one, least of all the victim.

    Now, amazed, in addition to any questions you may have regarding this, I'd like to hear your response to my previous question: Why do you believe it is okay to extort money from people by threatening to bring men with guns in to kick them out of their house? I assume you have some moral belief. How is it that you consider this form of theft moral?

    Thanks for taking what seems to be a first step towards an honest discussion.

  • http://ringingliberty.com Paul

    Perhaps this is unnecessary, but I want to clarify that I meant to say it is not always immoral to respond to force with force. It certainly can be, especially if inordinate or unnecessary force is used. It is always immoral to initiate force however. Just wanted to clear that up :) .

  • Zeus

    Paul: Without having an inkling as to the basic tenets of the philosophy of liberty, I think he's going to have a hard time understanding (let alone accepting) free market agencies for defense, dispute resolution and so on as effective replacements for the coercive monopoly on force known as government (aka the "legitimate" mafia). Cognitive dissonance is going to short-circuit his brain and send him runnin' back to the much more familiar Momma Government.

    I suggest he watch and absorb the animated flash video, The Philosophy of Liberty, before graduating on to such mind-blowing concepts.

  • AnarchoJesse

    I think it also bears pointing out that in a free society, individuals and institutions could not externalize the costs of their actions as the State does today. With this said, any actions they take would be at their own fiscal risk, which would encourage co-operation in instances where disputes arise. Why? Because a.) it's cheaper and isn't a waste of resources and b.) the agencies involved have a marketing opportunity in that the way they handle such incidents would attract more consumers.

  • AnAmazedReader

    Paul,

    You asked for my responses. I'll begin with a re-iteration (so to speak) of my original questions, which had to do with addressing crimes like rape and murder:

    1. Anything specific that you would propose doing about said rapes and murders?

    2. If said rapes and murders were addressed by some sort of action, who would decide what that action would be, and how?

    3. How would that action be carried out, and who would do the “carrying out”?

    I appreciate your responses, but I must say that my prevailing impression was that they begged many of the questions I had already asked (without meaning to be too harsh about it, this seems like a real tendency of folks posting on this site; there is a lot of rhetoric and use of buzz words and phrases, but the answer to the question "what would you do to realistically address xxxx problem" are too often utterly fantastical or simply lacking). Anyway, going through your answers, item by item:

    1. I think we're in obvious agreement about the basic right of self-defense; that's an easy one, I think. In the next sentence, though, we run into a whole series of questions; you write:

    "If, however, the act is carried out, the perpetrator should be made to pay restitution to the victim, or in the case of murder, the family of the victim. This would likely mean forced labor. This forced labor would not be the immoral initiation of force, but only a response — restitution for the violence committed by the perpetrator."

    Who or what compels the perpetrator to pay? Who determines what the payment will be? By what mechanism is it assured that the accused shows up for trial? Or even acknowledges a trial? Or are you saying that there would be some series of laws addressing these issues, and some sort of entity that would represent some collective sensibility that these laws be enforced? In this context, the notion of defense agencies isn't at all persuasive to me. First of all, the idea that the victim and the perpetrator would work out a restitution plan seems, broadly speaking, fantastical, particularly in cases of where a serious crime is involved. In such cases, the two parties' respective views of the event/crime in question are almost always so completely and viscerally divergent that successful mediation of this sort would be so rare as to be negligible. Although I will say that I think creating more options for mediation would be a positive development. But as I think you acknowledge, there are lots of circumstances that can't be mediated, for all sorts of reasons. However, I've gotten ahead of myself a bit.

    2. "……. Remember that both of these defense agencies, as well as the court of arbitration, will have a strong interest in seeing that justice is served. If they are perceived to be unjust or unfair, they will lose customers."

    So, I'll continue on about why I find the idea of defense agencies to be a thin one. I think that most people who would hire a defense agency under your scenario would do so with one motivation: to win, or more generously, to see that their version of justice has the best chance of prevailing. Within a context in which people's lives. livelihoods, etc. are on the line, the idea that people would make reaching a philosophical, widely-held sense that "justice" was served runs smack into the human's basic preservation instinct. People want to win, whether they are on the side of the angels or not. And let's flesh out the free-market rosy scenario of defense agencies a bit more. What if I am earning 20K a year, and I am paralyzed as a result of being assaulted by the son of someone who earns 500K a year? My guess is that the 500K guy's son will be able to hire a defense agency that's a lot more effective than mine (this problem is something that already undermines our current legal system). And the same problem would affect the issue of arbitrators; instead of judge-shopping, folks with deep pockets would simply go arbitrator-shopping. Finally, what if the victim was indigent? Who would pay for his/her defense agency, and for his/her arbitration cost? And please, I hope you won't put forth the notion that friends, charities, churches, etc. would help all these people out. Pretty much any volume of Dickens, one of the great chroniclers of 19th century life, will serve as an ample rejoinder to that fond idea.

    3. "The action would be carried out by security officers of the protection agency(ies).

    Remember, it is the Initiation of force that is immoral. It is not immoral to respond to force with force. For example, apart from the fact that they are funded through taxes, I agree with the police prosecution of violent crime, theft, fraud, etc. The main problem with our current system in these cases is not that police prosecute these crimes, as they should, but that people are not free to choose an alternative security force instead, if they believe it will provide them with better service. Also, as I say, the punishment should be based around restitution — a lifetime in jail helps no one, least of all the victim."

    As I read this paragraph, the model (if it can be called such) of Somalia came to mind. All sorts of private police forces, security agencies, etc. The ones with the most firepower win. So what if an arbitrator has concluded that I'm guilty of murder, and that I should go to prison for twenty-five years? You see, I'm a rich man in a small town, and I have a private security force that's much more extensive and better-armed than the "protection agencies". Yes, I signed an agreement saying that I'd accept the arbitrator's decision, but that was before I saw the arbitrator take away what I consider to be my basic rights and treat me in a way I am now convinced was unethical and unfair. And who's going to enforce a contract anyway? And how?

    Paul, I'm not trying to be snarky. I sincerely don't think the ideas advanced are very well thought-through. Sorry. But I appreciate your post.

  • http://ringingliberty.com Paul

    Amazed,

    I don't think you're being snarky at all, I find your questions quite thoughtful, and appreciate them.

    Please allow me to attempt to summarize your points, and respond to them. If I missed any of your concerns, please let me know.

    – What if the perpetrator refuses to acknowledge an agreement regarding his restitution?

    Ultimately, he must be forced to pay restitution. Again, a forceful response to violence is very different than the initiation of violence. The two interested parties will most likely be the defense agencies of the victim, and of the perpetrator. This part is similar to some extent with the court system today, actually, when it deals with violent crime — the perp will be forced to pay the agreed penalty regardless of his personal agreement with it. A couple differences would likely include a greater emphasis on restitution, and the ability of the victim to drop charges if they so choose. More importantly, of course, the system would not be funded by force against innocents, but by willing subscribers.

    – Does this require the victim and the perpetrator to work out a restitution plan?

    It does not, and as you say, there are many cases in which the perp may be unrepentant. If they are able to work out an agreement, however, it would certainly be respected.

    – Wouldn't people hire a defense agency who will fight for them regardless of justice, and not abide by the rulings of mutually agreed upon arbiters?

    First, I want to clear one thing up: The "security agencies" I speak of are not hired at the time a crime is committed, but are subscribed to on a regular basis, and would likely have beat officers, etc, to help provide safety to their customers.

    Now, regarding the substance of your objection, suppose a person hired a "defense" agency which disregarded justice entirely, and fought for their customers at any cost. Such an agency would really be no different than an armed group of thugs who promise to protect you, or a gang, right? Any such gangs would be fighting with each other nonstop, just as gangs do today, because they would have no mutual agreements or system of justice. It would be very expensive to fund such a group, would open yourself up to violence, just as gang membership does today, and it would carry the same negative moral and social stigmas.

    Now, suppose that a protection agency was just, developing mutually agreed upon "laws" with other responsible agencies, and series of mutually agreed upon courts of arbitration to settle disputes. Such an agency would be much less prone to violence, and therefore much less expensive, and would have much safer customers and employees.

    I think most people, including me, would prefer to subscribe to the second kind of agency, rather than the first, for the simple reason that most people want justice and protection, not to join a gang. Thus, because these justice based protection agencies would have the funding of the majority of the populace, they would be far more powerful than any gangs fighting it out in the street. Of course, the gangs of today are funded mainly by drug money, so they would already be out of business …

    – Wouldn't the rich get off by hiring more guns?

    Not at all. The collective economic power of the populace is far greater than any one rich guy. It's the same reason if Bill Gates were arrested, it wouldn't be a reasonable option for him to start a war with the U.S. Army.

    – Wouldn't the rich get off by bribing the court of arbitration?

    Certainly not. If any court of arbitration gave in to bribery, it would lose its reputation for fairness and unbiased justice, which is all it has. It would loose all of the defense agencies as customers, since any reliance by one of these agencies on what is seen as an unfair court would be the death knell of the company — people would switch to an agency which they believe could guarantee them a fair shake, even against Mr. Gates.

    Indeed courts of arbitration would be competing to appear the very most fair and unbiased — a situation very different from the unfair justice system we have today.

    – What if a person has no money at all? How will they hire a defense agency?

    We'll leave aside the point, for the time being, that a poor man has not much chance of justice in our current system anyway.

    I think many agencies would have a policy of providing services for free to the truly poor. I would certainly choose such an agency, since I have an interest in overall justice and security in my community, not just for myself. Also, agencies would likely charge less for less wealthy clients, and more for more wealthy clients, since wealthy clients are more likely targets for thieves and kidnappers, and have resources to protect — and if the agency is offering insurance, as I am sure many would, more to replace.

    I do think charity serves a purpose. I have read Dickens, and it must be remembered that he was a fiction author. There have been a great many very successful charitable efforts in our history. Take a look at our early medical system, for example, where many churches offered clinics which would provide free medical care to those in need. Doctors often worked there for $5 an hour or less. Compare that to our current system, so overburdened by regulations and government corporatism, that it is hard to imagine how it could be more inefficient or expensive. It is only in those few areas where choice still exists, such as Lasik and cosmetic surgery, that prices come down, and quality improves — as it does in all free areas of the economy. Furthermore, it should be noted that our current policies, including the "war on poverty" and especially the "war on drugs" have if anything perpetuated poverty in our country.

    These programs make things worse not better, and moreover, law enforcement in our country often serves to oppress the poor and minority races, not help them.

    Finally, it should be noted that the absence of the huge government burdens on society would provide the greatest ladder out of poverty. Eliminate burdensome regulations and taxation, and businesses would spring up everywhere. Furthermore, people would have more to donate to charity in this scenario, and more time to volunteer, if nearly half their time and money were no longer being used to fund government, and if so many currently prohibited innovations were allowed to occur.

    I believe the poor should be helped — I do so with my own money (and time when I can), encourage others to do so with their money and time, and choose to do business with those who do so with their money and time. It is not a valid alternative, however, to mug or enslave others in order to do so.

    Somalia has had central government, and now has a number of violent wannabe governments vying for control. It is certainly nothing close to a peaceful, intentional attempt at a voluntary society, but is rather the chaotic fracturing and implosion of coercive government.

    The transition to a voluntary society would not be chaotic, and certainly should not be violent. In my view the only thing that would be really necessary would be to allow people who want to choose an alternative to government provided services, to opt out of taxes for those services, and hire a different firm. Also, the government would have to stop prosecuting victim-less crimes.

    Perhaps, I should frame my former question in a slightly less accusatory way, and please do respond, as I continue to enjoy responding to your questions: Do you believe it is okay to extort money from people by threatening to bring men with guns in to kick them out of their house if they do not pay? I assume you have some moral belief. Do you consider this form of theft moral, and if so, why?

  • http://libertyactivism.info bile

    Amazed: The ideas here have been thoroughly thought out but posting questions and answers on an internet blog is not an idea way of communicating them. These questions which result from voluntarist and libertarian anarchist social and economic theory have been mulled over for 100+ years. There are hundreds of books and papers on the many topics. This means 1) that the questions you have have been asked before and almost certainly answered and 2) no follower of libertarian thought has read all those works.

    I know this isn't a popular request but if you want to truly understand the belief you should read the works written regarding it. The Ethics of Liberty by Murray Rothbard and the Tannehill's The Market for Liberty are two books in particular that cover the theoreticals, hypotheticals and practical aspects of anarcho-capitalism. If you have particular topics of interest we can point you toward works which cover them.

  • http://ringingliberty.com Paul

    Amazed,

    Here's the link to the free audiobook for "for a new liberty", if you're interested: http://mises.org/media.aspx?action=category&I….

    I don't agree with every last thing in the book, but I do think it's quite good. I think "the market for liberty" was posted earlier. Again, not being an atheist for example, I cannot endorse everything in that book either, but it does have some excellent ideas regarding the justice system in a free society.

  • http://speakoutdanville.org/bbs Curt Springer

    I was a little surprised to come upon this thread and find a link to a document on SpeakoutDanville, the unofficial community web site of which I one of four sponsors.

    HERE is a link to the discussion we had about arresting kids for drinking, including links to applicable laws.

    In this incident in Keene, I agree that the officer had no discretion whatever in arresting the kid and towing the car.

    I believe that the member "SH" is or was a police officer in our town, although he has not said so and I can't prove it.

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