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California bans masks meant to hide law enforcement officers' identities

grayhatter

> They didn't ban criminals from wearing masks, they didn't tell criminals that they had to identify themselves," Bianco said while campaigning in Northern California on Friday. "Every single person that voted for that needs to be eliminated in the next election. Anyone that votes for those people are absolute idiots.

I question the intelligence of suggesting that police should be held to the same standard as criminals. "If the bad guys can do it, we should be able to do it!" Is a wild take.

The core tenet that makes someone the good guy is "we treat them better than they would treat us". It's so disappointing to see the people who are supposed to be the good guys advocating they should be able to be as cruel as the bad guys they exist to prevent.

Am I missing something?

> Bianco said while campaigning in Northern California on Friday. "Every single person that voted for that needs to be eliminated in the next election. Anyone that votes for those people are absolute idiots.

holy shit, "eliminated" is not the appropriate word here... what is wrong with this guy? (other than uncontrolled anger?)

lazide

The part you’re confused by is the ‘supposed to be the good guys’.

mrangle

Yes, what you're missing is that you are intentionally muddling "same standard" when you imply that the criminal standard is voluntary and the LE standard is legal.

See your quip about the criminals "than they would treat us" and "able to be as cruel". Voluntary behavior of the criminals. Which is not under discussion.

The discussion, in full, is about a legal standard. Not a voluntary one.

How they would enforce a legal standard for criminals is to make the penalties for masked crime much harsher.

Glad I could clear that up for you.

There's no bigger scumbag criminal than the one that tries to argue the ostensibly failed virtue of law enforcement, to try to prevent law enforcement from stopping the criminal from victimizing people.

grayhatter

> Yes, what you're missing is that you are intentionally conflating "same standard" when you imply that the criminal standard is voluntary and the LE standard is legal.

This is hard for me to parse, what are you trying to say?

> See your quip about the criminals "than they would treat us" and "able to be as cruel". Voluntary behavior of the criminals. Which is not under discussion.

No, you misunderstood what I was trying to explain. The concept I was trying to explain and reinforce was that the cops should be the good guys. Good compared to what? The behavior of criminals. So it is a part of the expectations for the behavior of police. Or in other words, it's a mistake for Bianco to set the standard of behavior for the good guys, at the level of behavior we see from the bad guys. We should hold cops to a higher standard.

I.e. like you, I agree that it's wrong to compare the actions of police to the actions of criminals. everyone should hold the actions of police on their own, an ask is this what the good guy would do?

mrangle

Respectfully, it's not hard to parse. It's plain, clear English.

I didn't misunderstand, whatsoever. I know what you are saying, exactly.

JKCalhoun

I'm surprised this needed to be a law. Or wasn't already one?

Or maybe I'm just surprised that a group of law enforcement officers would decide, "Hey, we don't want people to know who we are," and decide to wear masks.

"…I think this is what the state of California is trying to do. Establish limits as to how much the federal government can do within the jurisdiction of the state. It's an issue of state sovereignty."

More of the Cold Civil War playing out. (Also see coastal states forming health cooperatives (?) so that their citizens can get COVID vaccines, etc.)

BugsJustFindMe

> Or maybe I'm just surprised that a group of law enforcement officers would decide, "Hey, we don't want people to know who we are," and decide to wear masks.

It would be nice to be surprised. It _should_ be surprising. It's unfortunately not surprising at all.

spwa4

Youth services has been hiding the names of their employees for more than a decade now. A few years back the final shoe dropped: now kids aren't even allowed to know the name of the judge that took them away from their home anymore.

They cite, of course, the same argument ICE makes: threats against them.

Is that legal? Well, their theory is that any kind of "family law" proceeding (including convicting minors of crimes, and locking them up without access to family or schooling for years) is considered civil law. Therefore none of the normal legal rights apply. I would think this is trivially a violation of the constitution, especially because it comes to imprisonment, but clearly it is not, since the justice department has no problems doing it. A child can be locked up for a crime (up to when they get 27 years old, yes, not 18, in some states), even if the present proof they didn't do it. The very, very, very basic legal right to not get convicted of a crime that you didn't do is openly violated by youth services. Right to have a trial? Nope. Right to having the state prove their case? Nope. Right to not get locked up without cause? No. Etc.

Needless to say, this was promptly exploited by some states who gave kickbacks to judges who "delivered" juveniles for private detention facilities. When caught doing this, the justice department promptly declared nobody had done anything wrong (except one of the judges who, in addition to having thousands of kids locked up for money, had lied on his taxes. He was never actually imprisoned, and finally pardoned by the president)

Oh and in case you don't know: locking minors away from school? Yes. Youth services does that. Parents aren't allowed to do that. Schools aren't allowed to do that. The police isn't allowed to do that (minor gets arrested, and wants to go to classes or do your homework? Police has to make it happen). Fucking death row isn't allowed to keep a minor out of school. But youth services IS allowed to do it.

So a secret police in the US? This is not new. What's new is that immigration enforcement started doing it on a large scale.

tjwebbnorfolk

If my next door neighbor is having a warrant served, should I be able to walk over there and demand to see ID of the cops serving the warrant? That seems crazy to me.

If I am not a party to a law enforcement action, I'm not sure why I'd have any right to demand the identity of an officer at ICE or FBI or anywhere else.

flufluflufluffy

What about when your next door neighbor is walking down your street when an unmarked van pulls up and a bunch of masked men in plain clothes grab her off the street and throw her in the van? (Which literally is what is happening)

johncarlosbaez

Quoting https://thenieveslawfirm.com/do-police-have-to-identify-them...:

You’re minding your own business when a police officer approaches you. They start asking questions, but something feels off. You ask for their name and badge number, but they refuse. What do you do?

As a citizen, you want to trust and cooperate with law enforcement, but you also have rights that must be protected. The question of whether police officers are legally required to identify themselves when asked is a complex one, with no easy answers.

In general, no, a police officer does not have to identify themselves even if you ask them—making it even more important to invoke your right to silence no matter who you think you’re talking to.

California Penal Code Section 830.10 states:

“Any uniformed peace officer shall wear a badge, nameplate, or other device which bears clearly on its face the identification number or name of the officer.”

However, there are a couple of key issues with this law that limit its effectiveness in ensuring police accountability:

    The law only applies to uniformed officers, meaning that plainclothes officers or those working undercover are not required to wear any identifying information.
    Even for uniformed officers, the law doesn’t explicitly require them to make their badge number or name easily visible or accessible to the public. An officer could potentially wear their identifying information in a manner that is obscured or difficult to read.

grayhatter

> An officer could potentially wear their identifying information in a manner that is obscured or difficult to read.

Yeah... but they could also not wear a badge. I doubt that'll fly

> or other device which bears clearly on its face the identification number or name of the officer.

Any reasonable court would find that wearing a badge in a manner that obscured the number or name would not be "clearly wearing" said badge. Is the officer an ethical person who makes a good faith attempt to follow the law they're hired to uphold, and will the court be reasonable are both questions that don't change what the law clearly expects and requires.

BugsJustFindMe

Hiding their identity completely undermines accountability.

It's also an extremely glaring public safety risk to normalize people who refuse to identify themselves using force and guns to grab and pull people off the street with nothing more than a "trust me, bro".

tjwebbnorfolk

We have a court system to adjudicate these things. It is up to the detainee's lawyers and the courts to decide if the action was justified, not some rando on the street whose only knowledge of the situation consists of "I don't like what I'm seeing and it makes me feel bad"

sixothree

This country was founded on the concepts of checks and balances. And there are no checks "law enforcement".

null

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lazide

Typically, you wouldn’t need to - they are supposed to have their names and ID’s on their badges.

And as long as you’re not actively interfering with something they are doing, yes you can and should be able to do exactly that.

Because you’re a member of the public, and you should be able to complain and if they are doing something bad, they should actually be held accountable to it.

Crazy eh?

ICE and the like know what they’re doing, and why.

tjwebbnorfolk

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FirmwareBurner

>I'm surprised this needed to be a law. Or wasn't already one?

SWAT officers also wear masks when on mission, for their own protection, so why should ICE have to unmask by law?

sigwinch

I think you have it backwards: this applies to SWAT and is very unlikely to be respected by ICE.

tjwebbnorfolk

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sigwinch

Well, the governor of California represents 14% of the US economy, more than the smallest 25 other governors added together. Something about California works for free market capitalism and thats easier to cover than a big group of other states.

2OEH8eoCRo0

They're just going say that they're federal and not bound by state law, aren't law enforcement they're immigration enforcement, or that they're undercover.

tjwebbnorfolk

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grayhatter

I didn't, but if I would have down voted you it was because I'm not sure I believe you, and you didn't cite law, statue, or court decision confirming your claim. Or explain why you claim to believe that...

Both would be important parts of a useful comment. Perhaps the problem isn't disagreement, but your comment was just low effort that appears to come from anger and frustration?

tjwebbnorfolk

In a famous example you might have heard of, the federal government can overrule states' laws legalizing slavery, and make it illegal nationwide.

The concepts of dual federalism and law enforcement jurisdiction go all the way back to our founding.

https://en.wikipedia.org/wiki/Dual_federalism

I didn't feel the need to cite a fundamental tenet of US history.

typeofhuman

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MattPalmer1086

All officials of the state should be identifiable.

Right now anyone in a mask can kidnap anyone off the street and who can tell if they're a legitimate officer or not? I will not be surprised if this leads to tragic outcomes where either ICE officials are shot, or the person who is resisting with good cause.

Law enforcement has never needed to hide their identities before - and they should not.

typeofhuman

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grayhatter

Because California understands (or at least some of us do) the catastrophic effect on public safety if the general population starts to feel like they can't trust the police.

Police using masks is so dehumanizing, and causes fear and confusion among most citizens, that it will cause the loss of trust and that can't be permitted because it's nearly impossible to restore trust once it's lost.

> Why is California going after the people enforcing the law instead of the ones breaking it?

oh, was this a bad faith question? did I get baited?

typeofhuman

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grayhatter

> Not from them protecting themselves from the threats from the public.

I think you unintentionally found a nugget of truth here. The police aren't hiding their identity from criminals, they're hiding their identity from the public. The whole public, non criminals included, have decided their behavior is unacceptable, and want them to be known and held to account for their actions.

I don't want police that feel they need to hide from the public they're sworn to protect. That feels like it's an unacceptable moral hazard to me.

FirmwareBurner

> the catastrophic effect on public safety

When was the last time Californians felt safe to go walk alone outside at night in the major cities?

grayhatter

Last night? Tonight?

I mean, people have anxiety about some things, but I don't. And I would gladly walk around any street in CA, you're welcome to join me for a walk in any area you choose?

sixothree

If they had instead decided to make a numeric identifier visible then this would be a very different conversation. This would have met your requirement while still holding these people accountable for their actions.

But that's not what they did. They want complete anonymity so they can break the law in heinous ways.

If they were identifiable in some other way then your argument might hold water. But it doesn't. Masks are not to protect their identity.

FirmwareBurner

>Why is California going after the people enforcing the law instead of the ones breaking it?

Because US federal law enforcement = Nazi SS Troopers, according to the HN/California bubble.

To them, living in California, is exactly like being in that scene from Schindler's list.

typeofhuman

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