Md. investigates incident of surveillance at Homewood
"I believe that this report is an accurate account of the operative facts of the events in question and the law and regulations applicable to the State Police's conduct," Sachs said, when presenting his completed report to O'Malley. "The report also makes observations and recommendations that I hope you will find constructive."
State Police have accepted all of Sachs's recommendations, which include "binding regulations that govern covert surveillance of 'advocacy' or 'protest' groups," establish standards for collection and dissemination of criminal intelligence and review the listing of all individuals in state databases of suspected involvement in terrorism.
But Sachs still indicated continuing doubt.
"I believe that MSP's 14-month undercover investigation of anti-death penalty and anti-war groups would fall somewhere in the middle of these cases with respect to the constitutional concerns that they raise," he said.
Chairman of the State Senate Judicial Proceedings Committee, Senator Brian Frosh, expressed similar doubts.
"I think the surveillance was illegal under some of the regulations of the Federal Homeland Security money that the state receives," he said.
But Frosh noted that the actions were most likely permissible under Maryland State law.
"There are arguments that this surveillance violated the constitutional rights of the protesters - I don't know," Frosh said.
There will be a hearing on the surveillance issue before Frosh and his committee next week. The ACLU's top lawyers will be in attendance to present their case.
The ACLU, among others, believes that Wednesday's proceedings are still not enough to protect the citizens of Maryland from unreasonable surveillance.
Rocah explained that police codes are often written "behind closed dorms."
"It should not be up to whim or good will what the rules are. They should be written by the people through their elected representatives," Rocah said.
According to the Rocah, disturbing parallels exist between the increasing focus on counter-terrorism at the national level and infringement on civil liberties in the states.
Sachs cited the increasing pervasive attitude of "better safe than sorry," as an underlying problem and rationale in police decision-making.
State Police have accepted all of Sachs's recommendations, which include "binding regulations that govern covert surveillance of 'advocacy' or 'protest' groups," establish standards for collection and dissemination of criminal intelligence and review the listing of all individuals in state databases of suspected involvement in terrorism.
But Sachs still indicated continuing doubt.
"I believe that MSP's 14-month undercover investigation of anti-death penalty and anti-war groups would fall somewhere in the middle of these cases with respect to the constitutional concerns that they raise," he said.
Chairman of the State Senate Judicial Proceedings Committee, Senator Brian Frosh, expressed similar doubts.
"I think the surveillance was illegal under some of the regulations of the Federal Homeland Security money that the state receives," he said.
But Frosh noted that the actions were most likely permissible under Maryland State law.
"There are arguments that this surveillance violated the constitutional rights of the protesters - I don't know," Frosh said.
There will be a hearing on the surveillance issue before Frosh and his committee next week. The ACLU's top lawyers will be in attendance to present their case.
The ACLU, among others, believes that Wednesday's proceedings are still not enough to protect the citizens of Maryland from unreasonable surveillance.
Rocah explained that police codes are often written "behind closed dorms."
"It should not be up to whim or good will what the rules are. They should be written by the people through their elected representatives," Rocah said.
According to the Rocah, disturbing parallels exist between the increasing focus on counter-terrorism at the national level and infringement on civil liberties in the states.
Sachs cited the increasing pervasive attitude of "better safe than sorry," as an underlying problem and rationale in police decision-making.
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