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Source:  http://www.sfbg.com/entry.php?entry_id=9462&catid=&volume_id=452&issue_id=460&volume_num=44&issue_num=08
Police seize DJs' laptops
New police chief apparently condones policy that critics call illegal and punitive

news@sfbg.com

San Francisco Police Department officers have added a controversial tactic to their aggressive raids on house parties (see "Fun under siege," 4/22/09): they're seizing laptop computers from DJs at the events.

While SFPD officials deny the laptop seizures is a new policy, they admit it has been condoned by Police Chief George Gascón, who took over in August and last month told the Guardian's editorial board he wants to make the SFPD more transparent and accountable to the public (see "New coach, new approach," 10/14/09).

"The police chief is aware that officers are being proactive in gathering evidence," Sgt. Lyn Tomioka told the Guardian when asked about a string of laptop seizures by undercover cops over the last 10 months, most of them in cases in which the DJs weren't even charged with a crime.

Many of the raids have occurred in SoMa, and were spearheaded by undercover officers who penetrated the parties and were followed by uniformed officers. San Francisco Entertainment Commission member Terrance Alan called the crackdown a "disappointing and dangerous trend.

A D V E R T I S E M E N T


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Tomioka said it's a judgment call for officers to seize laptops as evidence of an illegal party, but Alan said the tactic is a punitive measure that proves nothing: "Taking laptops [is] not necessary to prove the underlying crime, and in many cases damages people's ability to earn a living."

One of the most recent raids happened on Halloween. It was about 2:30 a.m. and music was pumping out of a warehouse party on Sixth Street. The people throwing the party had hired a doorman, and attendee Eric Dunn was standing in line waiting to get in.

"We were right at the front of the line," Dunn told the Guardian, when, he said, two plainclothes officers drove up on the sidewalk, jumped out of an unmarked car, and rushed up to the doorman. "[The officers] pretty much started demanding entry right away. The doorman was really polite. He basically told them that you have to know somebody to get into the party."

Dunn said the officers waited until an exiting guest opened the door from the inside and then made their move. "One guy barged in, and the other guy followed. They never asked permission or received permission to enter the building," Dunn said.

Inside, the two undercover officers immediately shut down the event. Justin Miller, a DJ at the event, said she remembers it very clearly. "The cops at that point were telling everybody to leave the party, telling me to turn the music off. I turned the music off. Everyone was quietly leaving."

But Miller said it didn't stop there. One of the undercover officers approached her and asked if she had a laptop. She said she did. "I was a little confused at this point because I didn't know what my laptop had to do with anything. I was playing CDs." She said she pulled her computer out from underneath a table and unzipped it from a case. The officer then "grabbed it from me."

The undercover police officer — later identified by witnesses and the evidence receipt as Larry Bertrand — instructed Miller to follow him down to the street to get a property receipt for her laptop.

At this point there were uniformed officers on the ...

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( 2 comments | Comment on this article )
sleat on Thursday, November 26, 2009 at 10:24 AM
Unless the performance is interactive it might pay to stage it from an ipod or something a little more disposable than a laptop.

The other easy answer would be to have one 'sacrificial' laptop at the gig, and pull the content from other hidden laptops in the vicinity by wireless. Pretty sure uniformed cops raiding a warehouse party won't exhaustively search for laptops. Further, these guys aren't tech savvy. Why not carry some obsolete cheap old laptops as 'decoy/backup' machines? It only takes a few minutes to ghost a drive. Then the cops get their 'prize' and the DJ gets to carry on as usual. The extra weight of a spare computer is nothing compared with the possible absence of the good one!

In Sydney when people play in 'questionable' venues, they don't take anything along they're not prepared to have get wet, get broke, or get took, but I guess we're cynical that way.

thesubjective on Friday, November 27, 2009 at 09:36 AM
All DJ's should simply get this lock:

[link]

Give the key to your friend.

Police would be forced to cut it, which requires either a warrant to seize property or an explicit mandate to do so which they lack. Technically they should be seizing the amplifier and the speakers....and the EFF will have a field day here as this is a clear violation of the 4th Amendment.

This is a scare tactic that I suspect some large club owners are encouraging as they see their attendance numbers dwindle, and since they pay for expensive permits, have asked the Police to shut these non-permitted events down.

Like everything with the SFPD, shine a bright light on their rogue tactics and they will adjust.

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