Monthly Archives: June 2021

No-Knock changes in the PS Bill

I don’t know what was codified before… was anything codified at all?

The big changes are:

these no-knocks must be conducted between 7am – 8pm
they can’t be served for personal use drugs

Ya know, I still see a lot of flexibility there such that the cops retain the right to argue for an exemption and these warrant judges never actually turn anything down cuz they are rubber stamps.

But you do have an implementation for an evaluative framework here along with the other things. I’m surprised it got through actually given GOP recalcitrance.

626.14TIME ANDMANNEROFSERVICE; NO-KNOCKSEARCHWARRANTS. 215.6 Subdivision 1. Time. A search warrant may be served only between the hours of 7:00 215.7 a.m. and 8:00 p.m. unless the court determines on the basis of facts stated in the affidavits 215.8 that a nighttime search outside those hours is necessary to prevent the loss, destruction, or 215.9 removal of the objects of the search or to protect the searchers or the public. The search 215.10 warrant shall state that it may be served only between the hours of 7:00 a.m. and 8:00 p.m. 215.11 unless a nighttime search outside those hours is authorized. 215.12 Subd. 2. Definition. For the purposes of this section, "no-knock search warrant" means 215.13 a search warrant authorizing peace officers to enter certain premises without first knocking 215.14 and announcing the officer’s presence or purpose prior to entering the premises. No-knock 215.15 search warrants may also be referred to as dynamic entry warrants. 215.16 Subd. 3. Requirements for a no-knock search warrant. (a) No peace officer shall 215.17 seek a no-knock search warrant unless the warrant application includes at a minimum: 215.18 (1) all documentation and materials the issuing court requires; 215.19 (2) the information specified in paragraph (b); and 215.20 (3) a sworn affidavit as provided in section 626.08. 215.21 (b) Each warrant application seeking a no-knock entry must include, in detailed terms, 215.22 the following: 215.23 (1) why peace officers are seeking the use of a no-knock entry and are unable to detain 215.24 the suspect or search the residence through the use of a knock and announce warrant; 215.25 (2) what investigative activities have taken place to support issuance of the no-knock 215.26 search warrant, or why no investigative activity is needed or able to be performed; and 215.27 (3) whether the warrant can be effectively executed during daylight hours according to 215.28 subdivision 1. 215.29 (c) The chief law enforcement officer or designee and another superior officer must 215.30 review and approve each warrant application. The agency must document the approval of 215.31 both reviewing parties. Article 9 Sec. 23. 215 06/27/21 REVISOR KLL/BM A21-0252216.1 (d) A no-knock search warrant shall not be issued when the only crime alleged is 216.2 possession of a controlled substance unless there is probable cause to believe that the 216.3 controlled substance is for other than personal use.

Final notes on Chauvin

** Prosecutor Steve Schliecher read the state’s argument asking for an upward departure. Over the course of a year there’s been a lot of descriptive extravagance everywhere re what went on with the Floyd arrest. At this moment with the departure request at the sentencing, Schliecher veered into what I think was the practical truth. I don’t have a video clip of this, but he described Chauvin’s restraint of Floyd being a low effort, pass the buck dereliction done so that they could pass Floyd off to EMT.

I think that’s the reality, and the truth, and the biggest or second biggest problem with policing… the laziness Now, that on its own ain’t systemic racism coming down with an externality that kills George Floyd, although systemic racism did help kill George Floyd, but it’s also to say Derek Chauvin is probably actually something quite a bit less than a genuine white supreamcist cop. And its still all rightly a second degree murder. So…

** I’m not bent out of shape about Chauvin’s mother not appreciating the gravity of Derek’s crime. It’s too much to expect that she would. Let’s be real.

** It was somewhat an eyebrow raising curiosity that Derek’s mom is a Pawlenty of the same diaspora as Tim (… having married into them 30+ years ago). That’s kind of a nothing detail though. My own family is or was associated with the St. Paul Morans of the "Bugs Morans" in much the same way. I guess the degrees of separation thing is pretty interesting, just in the way you think about clans in a place like St. Paul. But there’s no weight there, it doesn’t speak to any judgment you make.

** This Cahill, who Tim Pawlenty put on the bench… ya know, it’s probably a reality that there are some weak practitioners on the bench there at the district court who get trial cases. They either got a chief there who picked Cahill for this trial because he’s the best or they got very lucky. You couldn’t hope for more in terms of a guy using all his skills to navigate the process to serious conclusion without ego. Guy really worked his ass off I’m sure. And the other thing that’s obvious, he exerted to make this have the appearance of being the justice system doing it’s thing like it’s any other perp. That’s the right temperament.

** One of the hyperbolic / not actually hyperbolic things I say around here is cops are typically 2nd string free safeties from suburban high schools who can’t complete a remunerative votech curriculum…. Votech curriculums routinely require 1500 hrs of trainging….https://www.startribune.com/in-time-of-greatest-need-minneapolis-struggles-to-recruit-new-police-officers/600072433/... Police school does not.

** Re above link, ya know, that cop MPD Art who got demoted lamenting how many "white boys" are hired into urban policing. The police problem ain’t ‘just’ the racism of a white boy force. if you hire a force that’s 50% diverse, like your population, you can probably get a better public buy-in on crime fighting because your police agency doesn’t then have the appearance of enforcing urban apartheid.

** This is interesting, such that the state GOP has remained pretty racalcitrant on law enforcement issues https://www.startribune.com/minnesota-legislators-reach-public-safety-deal-at-capitol/600072424/

** Terrance Franklin https://www.startribune.com/county-attorney-says-2013-minneapolis-police-shooting-warrants-new-review/600072197/ I would think Mike Freeman has some authority to kick off an investigation himself. He’s really been not impressive over the course of the last 2-3 years (…he is over 70). Now, as to the case. I’ll tell ya, the chance of the original investigative report containing police lies of minor gravity is 100%, alright. That’s the reality. Big lies in furtherance of a coverup? Probably 50%. I have no opinion on what actually happened, I couldn’t say based on what there is to read from the opposing sides.

OMG the Fing caterwauling from the account execs…

Adventures in striving…

I’ve been doing $47/hr software testing for a big temp firm. Ya know, adult money, “kind of”, such that it’s not a poverty rate. But it’s temp work. No benes – no health, no PTO.

I’ve been wanting a “real job”, forever. One with PTO… I haven’t had PTO in ten years…. and a modestly better deal than the $18k/yr I have been paying for health benes.

Well I have been looking to better myself, make myself into a different kind of SW Engineer, and someone offered me a job doing that! 120k (which is vaguely jr-ish pay for java, btw) and full, full benes. VACAY like an adult.

Fing account rep responds to my very nice notice, in which the economic securities and vulnerabilities of my life are explicitly referenced, by guilting me for taking it. Like, I’m supposed to be bound by some expression of intent I made in a conversation 6 weeks ago rather than this household’s necessities.

I’m not trollable on it though. He had the last word, fwiw.  Which is not a damn thing.

This deGrom thing is actually a bit beguiling

Things I understand:

I think this is what happens if you’re a starting pitcher that sits at 100. Which is to say, neither Ryan or Koufax were sitting at hitting 100. deGrom is telling us with his historic stats that Ryan was sitting at 99 in 73 and Koufax was sitting at 98 in 65. And there’s a resulting big difference here in results on the tails of this extreme as deGrom’s year here diminishes Koufax/65, Ryan/73. ….Gibson in 68 wasn’t quite close to a 100 mph guy, more of a Max Scherzer type. Pedro in 98-00 is a comp also, but he was not quite close to 100.

I think this is what happens when you’re a starting pitcher that sits at 100, and every at bat is going to be over within 4 pitches because of your command. He’s got a Maddux like approach to out acquisition.

I think this is what happens when you have a 92 mph slider. This is not a hittable pitch. In terms of spectacle, Ryan’s curve and Koufax’ curve and Bert Blyleven’s curve and probably Dwight Gooden’s curve were the most freakish breaking curveballs ever. And they were hard to hit, and were K pitches for sure. With those guys though, I think it was somewhat more possible for an MLB hitter to lay off a close non strike curveball. You can’t do this with deGrom, you can’t lay off it around the plate, but you can’t put the bat on it either.

Things I don’t understand:

He just turned 33. That’s late in career for a year like this. It’s late in career to have your best fastball. He won his first CY 3 years ago right… I don’t think he was quite sitting at 100 then.

He did win the pro pitcher lottery:

By definition I think he’s the most physically gifted pitcher we’ve seen, probably moreso even than Aroldis Chapman. Or, ya know, its a tie. I understand his stride to height is longest in the game, and I would guess his hip to shoulder separation is the widest. That’s why he’s got the best FB, kiddies. That’s why Billy Wagner was a freak too.  That’s the whole ball of wax.

Ya know, the rule really is that most pitchers with pro arms wash out of the pro game because of injuries and surgeries. Even with the TJ surgery, which has an anecdotal history of being successful.

deGrom had TJ in 2010 and its held… a lot of guys re-tear their ligament in the ensuing 7-8 years, at which point they retire for good. deGrom also had an ulnar re-location in 2016 and it actually cured the problem that was ailing him at the time.

Met’s took him as a 9th rounder in 2009. He hadn’t been a national star as a SS/P at Stetson in FL, but the Mets obviously spotted the arm. There’s no amount I wouldn’t bet that he wasn’t throwing 100 then though… the 100 comes as of recent years, as I say.

It’s a little freaky.

A Zingy statement on Critical Race Theory

Just a riff…. Ya know I’ve done an elaborate, cosmic “How Did I Get Here”, somewhat to basically as therapy, https://www.youtube.com/watch?v=5IsSpAOD6K8, and am rilly, rilly in touch with my family story.

I have a great uncle who was born in 1920. He’s from the St. Paul German / Irish side. He graduated from Cretin, worked a couple few years, went into the Army such that circumstances called for that at his coming of age. He didn’t go to college etc, but somehow ended up 2nd Lt in a weapons company in the 10th Mountain Division. He was killed by a sniper descending a ravine with mortars into Torbole, Italy as the 10th cleaned up the last hot spot of the European war within 48 hrs of cease fire.

He had sent a stack of letters to his younger sister ie my grandmother through 1943-45. I should be careful to not overstate this. In one letter, he spent an inordinate amount of words complaining about being proximate to black US soldiers. It’s probably not literally vulgar, but it has the feel of being vulgar. Its bigoty.

So, is this a bad guy? Probably not. I wasn’t there of course, didn’t know him, but probably not to his friends and family, all that. But what you can know there from the letter is there was a typical for the time coarseness (at best) about race. I think its so typical as to be representative of the broad unwelcomeness and foreclosure that the majority ethnic cohort imposed on the minority cohort in this country.

So, conservatives are pushing back against CRT, calling it overly and fancifully academic and holistic, while the libs who care about this push back and say you don’t even know what CRT means…

I haven’t actually brushed up on what CRT means academically. But I think I know intuitively that its real, and it was those pervasive, ambient old attitudes that completely ghettoized black racial minorities from mainstream commerce and prosperity.

The Dem contrarians would do well to blow up this ProPublica tax report

Say Chait, Sullivan, MattY.

https://www.propublica.org/article/the-secret-irs-files-trove-of-never-before-seen-records-reveal-how-the-wealthiest-avoid-income-tax

Cuz it’s combination bullshit and willfully obtuse. ProPublica made up a fantasy tax, true tax rate, that is calced as remittances vs unrealized stock appreciation, and is using that to argue that the rich don’t pay enough taxes by comparing that to income tax rates.

The contrarians all grasp the distinction and the absurdity, and MattY probably cares about it as a biz pedant. But on tax issues I would sense they are a bit more "no enemies to the left". So, I don’t expect centrist dem pushback from the substack crew. Interesting that the reality is though that there’s not a political universe where a wealth tax like this passes, because when the rubber meets the road Dems have to cater to the proper sensibilities of their own wealthy base there. Those people like the status quo tax structure.

Anyway, as policy you’re either going to have distinct taxes for capital gains and income, or you’re not. And at the point that you do, uber-wealth guys are always going to have their full tax payment be a reflection of cap gains rates. Cuz hardly anyone, even rilly rilly rilly rich people, take w2 income on more than like a million dollars.

Boogie Smith literally played stupid games and won stupid prizes

Now, there may be a reality here where law enforcement is errant in the details of his death… cuz they lie even when they don’t have to. But this guy was a moron and a criminal, and he brought his death on himself ie it wasnt systemic racism that did that.

https://www.dailymail.co.uk/news/article-9651125/Minneapolis-cops-tear-gas-protesters-lit-FIRES-workers-dismantled-George-Floyd-Square.html

The big thing being, it was all a product of this guy being a dangerous person, according to the legal system, and then the guy confirming himself as one on Instagram.

Takes a picture of himself with a gun, shows it on Instagram. His probation officer sees it, flags him as a probation violator. Doesn’t go to his violation hearing. At the point he’s actively being sought by fugitive capture teams, posts to instagram that he’s having drinks there in Uptown. Fugitive team goes there, he’s killed.

So there are riots now, right… This is obviously where the lefty urbanites have a hypocrisy / myopia problem. The city has a violence problem, and this guy is literally an outlaw gunman troublemaker. And they can’t see it that the police should have operational space to apprehend outlaw gunmen troublemakers.

There’s not much of a path to urban peace here with expectations no one can meet.

As a Northerner I can laugh uproariously at this Veiled Prophet Ball thing

But we have the Vulcans. I’ll get back to that.

Now, "KKK" might be too strong a characterization. The word I’d like to see a journalist use is "antebellum", in say a pejorative way. Or "retrograde".

https://www.newsweek.com/ellie-kemper-controversy-what-veiled-prophet-ball-1596387

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

Point of blogger privilege: if you are a reader and grew up in the ownership class crowd that went to these in St Louis, and did, feel free to weigh in. Or not.

Alright, so this is ridiculous stuff right, and I was prepared to guffaw at these southerners with the full confidence of my Minnesota chauvinism (note, Missourians: not as southern as others really, but kinda southern). We wouldn’t do that here! But this is basically the St. Paul Vulcans Krewe dressed up in a different way.

Story: My boys, 20 and 17, weeks ago were telling me the restaurant owner they worked for was trying to get in with this secretive business group in town. And, the guys in the club wore robes. And were secretive and selective. So they ask me…. cuz, I’m dad the encyclopedia… what is this? I don’t know for sure I say, the masons? the stone cutters? the chamber of commerce? The elks?

Weeks go by and we revisit this conversation. The boys end up finding out, and tell me it was the Vulcans. The supper club owner wanted to get into the Vulcans. And he was worried they wouldn’t take him.