Dumpster Diving while Black and Homeless Illegal

I heard about this ticket a while ago and yesterday I finally got the police report. I just had to share it. When you and I engage in “dumpster diving” or “Hippie Christmas” in August in Downtown Madison it’s hip and cool and we’re saving the environment. When you’re a homeless black man you are committing a crime, ticketed and required to leave the area. Even after the police confirmed nothing was stolen.

I was going to try to cut this down, but the police report is so stunning to me on its own, I’m just leaving it the way it is. I’m going to highlight some important things for you to pay attention to and then have some comments at the end. I took the person’s name out because its mostly irrelevant who this was.

Background Information
On 8/4/11, I was working for the City of Madison in the capacity of a police officer. During this patrol shift 1 was wearing full City of Madison Police Department Police Officer military-style uniform operating fully-marked patrol squad C367. I have worked the Central Police District for two years and am aware that the residential student housing area in the Central District area often reports burglaries while after the fact, as many of these houses are unoccupied or unattended during the summer months until early fall. I have also had numerous contacts with a subject I know from past professional contacts as XXXXXXXXXXXX. l know that XXXXXXXXX  has no permanent address and have often seen him panhandling in the State Street area.
Initial Observations

Initial Observations
On 8/4/11, at approximately 2:15 to 2:30 p.m., I observed XXXXXXX and a group of approximately 8 subjects hanging out in the area of Bonsai Park (100 State St). This is an area of a high volume of police calls and I was completing police reports while monitoring this area. I noted that shortly after I arrived and remained in this area, the group of approximately 8 African-American males walked away from this area proceeding westbound down W Mifflin St. I noted this group passed the public library continuing westbound before they were out of sight. Having had contact with several members of this group in the past consuming alcohol in private property without consent and, knowing this area to be frequently victimized with burglaries, I began checking the area approximately 20 minutes after this group was last observed. While driving through the area at approximately 2:59 p.m., I observed this same group of approximately 8 subjects walking near the corner of N Henry St and W Dayton St. I noted that one of the subjects in the group, XXXXXXXXXXXXX, was carrying a Blu-Ray player in what appeared to be an original manufacturer’s packaging. I found this suspicious, as I had just observed XXXXXX moments prior without this property and there is no store in the area that sells this merchandise and I know that XXXXXX did not reside in this area.

Contact with XXXXXXX
I approached XXXXXXXXX at the corner of N Henry St and W Dayton St. As I positioned my squad car in a legal parking stall along the side of N Henry St, the group of approximately eight subjects stopped and immediately began making comments of police ‘harassing’ them. This group of eight subjects became agitated, expressing their belief that I was harassing them. Being outnumbered eight-to-one, I quickly informed the group that the only subject I needed to talk to was XXXXXXX and requested that the rest of them move along. The group remained very confrontational, and I requested a second officer respond to this location. While still waiting for the second officer, I again informed the rest of the group that it they did not want to be involved in this investigation, they needed to leave immediately. All subjects, with the exception of XXXX, left the area as requested.

I began questioning XXXXXX  as to where he had gotten the ltu-Ray player from. XXXXXX told me he had gotten it from the front of an apartment complex off of W Dayton St. I questioned XXXXXX as to whether the Blu-Ray player had been stolen or not.XXXXXXX assured me it had not been stolen, and began to describe how he had come across it.XXXXXX told me that he had been drinking a soda as he was walking down the sidewalk in the 400 block of W Dayton St. XXXXXXX told me that he went to throw his soda can in the recycling dumpster in front of an apartment complex later determined to be 424 W Dayton St. XXXXXX told me that white throwing his can in the recycling dumpster he noted the Blu-ray player had been thrown away so he took it. During this initial statement he made no mention of having any contact with any residents of the apartment complex or any members of apartment management giving him consent to remove the property.

As XXXXXXX and I continued to walk towards the dumpster where he advised he had retrieved the property from, I noted a couple loading belongings into their vehicle at that location who advised that they were moving out. The couple asked if I was contacting the subject I was with reference the Blu-ray player and stated that if I was they had, in fact, thrown it in the dumpster and it was not stolen from an apartment interior. XXXXXXXX went and showed me the dumpster he had retrieved the Blu-ray player from. This dumpster was approximately 25 feet away from the sidewalk, immediately adjacent to the building structure. Immediately above the dumpster there was a very large sign stating, “Private Property.” Closer to the main entrance of this building, there is another sign posting no trespassing. The specific dumpster that XXXXXXX pointed out and advised the Blu-ray player was from was a Pellilteri recycling dumpster which printing stating, “Pellitteri All-in-One Recycling.” I personally know that electronic devices are required to be recycled/reciairned and are prohibited at the Dane County Landfill. With XXXXXX removing property from the recycling container and going onto this property which is posted for no trespassing, he was in obvious violation of city ordinance.

Disposition
XXXXXXX was issued municipal ordinance citation A090431 for violation of city ordinance 10.18(9)(f) for removal of recyclables from private property prohibited. While issuing XXXXXX the citation, he stated that a resident had given him consent to take this property from the recycling container. I asked XXXXXX what resident it was and he told me that it was the guy that placed it at that location. l informed XXXXXXX that he and I had just spoken to that subject and he advised that he had specifically pieced it in the dumpster and he had not had actual contact with XXXXXXXX.

XXXXXX then stated that someone else who had gone into the building had given him permission to go in the dumpster. I informed XXXXX I did not believe this statement he had made because when he initially provided his statement on how he had obtained the item from the dumpster he reported he had not even seen it until he had gone there to throw his can away and never made any mention of contacting anyone. XXXXX was issued his citation and informed he needed to leave the area. XXXXXX was very upset with this and initially just stood on the sidewalk after being issued the citation. I again asked XXXXX if he knew anyone who resided in this area or if he lived in this area, and he stated he did not. I then again informed XXXXX he needed to leave the area now. XXXXX stated that he was and began walking away very slowly, continuing to stare at me as he did so, even looking backwards after he had passed my location to continue his stare in my direction.

So, why did the cop give this ticket? No one was complaining. There was no harm done to anyone. XXXXXX and his friends were just doing what many do downtown in August every year. Wouldn’t you feel harassed if this was you? If the cops went looking for you to see what you were up to? If they told you that you couldn’t stand on the sidewalk?  If they made assumptions about you – and suspected you of being a burglar because you were in a “student residential area” and didn’t live there?  So much about this bugs me.  The ticket was $303.  The person is homeless and poor enough that they need to panhandle, yet the cop gave him a ticket when this person was doing not much different than many others and no one was complaining.  It does seem like harassment to me.

I’ve asked the police chief if this was a good use of discretion and I’m waiting for a response.