A San Diego police department is facing a lawsuit after jailing a man for a month based on a Flock camera alert that cops allegedly should have known, based on the timestamp, did not depict the car that they were looking for.

Last November, Hugo Parra was arrested on felony charges after San Diego police relied on Flock data and a witness statement to wrongly connect him to an attempted carjacking at gunpoint, the Times of San Diego reported. Cops were looking for a red Alfa Romeo car with tinted windows and a man wearing a gray hoodie, and Parra happened to be wearing a white hoodie while riding in a friend’s car that roughly matched the vehicle description.

Although Flock cameras can capture license plate data, cops did not have even a partial plate to help them verify if the car was involved in a violent crime. But the Flock data cops used to justify the arrest actually showed that Parra was five miles away at the time of the crime, Parra’s attorney, Alex Coolman, told the Times of San Diego. Rather than arrest him, cops could have used that data, as well as Parra’s cellphone location data, to corroborate Parra’s statement that he was innocent, Coolman said.

  • Tollana1234567@lemmy.today
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    4 hours ago

    i expect nothing less from AI profiling, more than likely it is the intended effect, misprofiling “certain groups of people both skin color and political”

  • Lovable Sidekick@lemmy.world
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    12 hours ago

    I got pulled over on suspicion of bank robbery once, because I was driving away from an area where a guy had robbed a Washington Mutual a few minutes earlier. He fit my description and was wearing a gray hoodie like me, driving an old yellow Toyota pickup like me. The cops even showed me the bank surveillance photo, which was taken from over his shoulder and didn’t capture his face. He had the same shape head and was even bald on top like me. I mean, I would have arrested myself lol. What convinced them was that our glasses frames were a little different. Plus I didn’t have any loot.

  • BarneyPiccolo@lemmy.today
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    16 hours ago

    We just had a case in our area of a hot and run accident on the highway with a couple of fatalities. They grabbed up a young woman, and held for 2 weeks, based on a very superficial description of her vehicle, despite the fact that her car had no damage. Eventually other witnesses identified another vehicle, that had been taken in for major body work the day after accident.

    The owner of the damaged car was arrested and the wrongly accused young woman was released, and she’s putting together a lawsuit, as she should. They never had any real reason to believe she was the suspect.

  • RabbitBBQ@lemmy.world
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    16 hours ago

    In many places, there is no legal obligation for police to collect evidence in your favor, even if they know it exists.

    Also, and this is very difficult to accept for a lot of people, but the truth doesn’t really matter in many cases like this. It’s always malicious prosecution because like all of our politicians, the justice system is made up of people who are backed by various financial and political interests. The system makes up its mind for what it is going to determine the truth to be as well as the legal process necessary to get the pre-determined end result. The police, DA, Judges, etc, all work together every day.

    You basically have no rights and if you ever call the powers that be out for violating them, they will just throw various forms of immunity back at you… From qualified immunity to sovereign immunity, 11th amendment protections and so on.

    The shit you see on TV is just copaganda.

    • SoleInvictus@lemmy.blahaj.zone
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      12 hours ago

      I still remember the rage I felt when I first realized that the United States justice system is fundamentally adversarial. Prosecuting attorneys don’t want to find the truth of the matter. The build the strongest case possible and it’s on the defendant to prove they’re wrong. Attorneys are supposed to take into account all available evidence, but have no obligation to seek additional information that could exonerate the defendant, even if it’s clear such information exists.

      It’s absolutely fucked.

    • wingnut@lemmy.zip
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      9 hours ago

      When I was in jail a cop walked up and down the run loudly anouncing he could treat us however he wanted and it would be justified because “we are guilty until proven innocent”. Fucking coward just paled and quickened his pace when we all laughed at him. My lawyer laughed in my face when I honestly answered her questions about my religious views and I was never given even a public defender only an assistant public defender who didn’t even bring up I did not match the physical description (yes I did it but wrong ethnicity dramatically wrong height, 10 years off age and found at location hours later), or manage to get the body cam footage of the cops saying “idk we’ll figure something out” when I was detained and I asked what I was charged with. Id doesn’t matter what the rules are on paper if no one is expected to follow them. And the rules they make sure to follow are fucked. If you are suicidal then you are stripped naked, given a apron like the lead ones at the dentist and locked in solitary with a glass wall and no blankets or books or mattress for the first 24 hours. I kept myself blindfolded trying to induce hallucinations. There is no justice here nor will there ever be.

      • Tollana1234567@lemmy.today
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        3 hours ago

        if they hired anyone with actual morals/or actual intelligence to leo, there would be no criminal cases to be heard therby doesnt feed the prison industrial complex, and give kickback to judges and politicians. its just another scheme to funnel taxpayer money back to judges, DAs, politicians, the police gang union being the mediator.

        thats why most of the people hired or conservatives, they need people to not ask questions,.

  • rob200@retrofed.com
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    16 hours ago

    Here’s a legal tip you likely don’t hear everyday.

    Wear clothing worn by a smaller percent. This could reduce the chance of false accusations if you truly are innocent. I mean in this specific case it probally could.

    • 1D10@lemmy.world
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      4 hours ago

      Nah that’s not how cops work, it would go like this.

      “The suspect was wearing blue jeans and a black sweatshirt”

      “The guy we have in custody is wearing a teal tee and a kilt”

      “Exactly, that is what a person would change into to try and get away”

      I have watched so many body cam videos that I can promise this is how it would go.

      In most cases they pick the guy who they think did it and then work on proving it.

      There is a video where the cops interegate a mentally ill man for hours “because he murdered his father” when he asks if his dog is ok they tell him, she is now but she will have to be put down if you don’t help us on this case" I think he ends up sorta confessing, so the cops call his sister, like he had begged them to do in the beginning, the father was safe and sound at sisters house.

      For all the people who will read this and say “bullshit” I found the video for you.

      https://youtu.be/EiCMxukn0yQ

      The fucking thing that keeps me on my meds is the fear of our leagal system.

      • lightsblinken@lemmy.world
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        11 hours ago

        staying in the basement probably provides an additional bonuses for not being identified based on similarities.

  • bitjunkie@lemmy.world
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    22 hours ago

    It will be used to “prove” you did something when they want to fuck you over, and it will be ignored when they want to fuck you over.

  • AeonFelis@lemmy.world
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    22 hours ago

    However, the witness only identified Parra based on superficial features, including “the jacket and the beard” and “the skin color,” the police report said, according to the Times of San Diego.

  • Lucidlethargy@sh.itjust.works
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    1 day ago

    When I lived in San Diego, I got a ticket for not paying the toll on an LA freeway I wasn’t within 100 miles of.

    This shit is a fucking trend, everyone. Lucky for me, the person driving that car didn’t murder anyone.

    Edit: the car wasn’t the same as mine, and the plate was visibly wrong. Just full on fucking bullshit.

    • GarboDog@lemmy.world
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      1 day ago

      Got 2k bill and over due fees over due from the Texas, we’ve never went though a toll in Texas before and at the time we haven’t driven in 2 years while living in nyc

  • SupraMario@lemmy.world
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    1 day ago

    “For the law holds, that it is better that ten guilty persons escape, than that one innocent suffer"

    -Sir William Blackstone

  • chiliedogg@lemmy.world
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    2 days ago

    These systems are meant to be used against you. Police will never volunteer information that helps you.

    • relativelyrobin@mander.xyz
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      14 hours ago

      What the fuck is the point? Even if you were trying to be ruthless or just protect some rich asshole, it makes more sense to get the guy that’s the actual threat. You can’t look for the right guy if you’re too busy locking up the wrong guy.

      • chiliedogg@lemmy.world
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        12 hours ago

        The point is control, not safety.

        If they can use a system to prosecute anyone, they can target anyone they don’t like.

    • EvergreenGuru@lemmy.world
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      1 day ago

      In theory the police want to investigate crime and eliminate suspects, but in practice they give up after making an arrest. The access to new technology or information change nothing about this practice.

      This is why it’s important to curb these kinds of dystopian surveillance systems in the first place. They change nothing and give reach for further unwarranted intrusions into the lives of citizens. This has been seen as cops using these systems to stalk people.

    • halcyoncmdr@piefed.social
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      1 day ago

      Sort of. They are required to provide exculpatory evidence… but they only have to provide that information for the trial so you can prepare your defense, not during the active investigation.

  • Talcosis@lemmy.zip
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    2 days ago

    This is an interesting corollary to the “anything you say can only be used against you in court” adage.

    • r0ertel@lemmy.world
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      2 days ago

      …and then sue the camera company and then sue the city or property owner that allowed the cameras to be in use and then use the money to buy a politician to write and pass a law to disallow warrantless surveillance.