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Dodds Case Shows How Police Can Use E-ZPass Records
AP ^ | June 26, 2006 | AP

Posted on 06/26/2006 11:04:03 PM PDT by KneelBeforeZod

MANCHESTER, N.H. -- E-ZPass data can be a useful tool for police -- a fact highlighted by the state police investigation of congressional candidate Gary Dodds' accident.

Dodds crashed his car into a guardrail on the Spaulding Turnpike on the night of April 5. He said he wandered away, swam across the Bellamy River, then huddled in the woods for warmth until he was found a day later.

Dodds, 41, of Rye, has not been charged with any crime. However, state police have said his account of the accident did not jibe with certain facts and that there is evidence of three crimes related to the extensive search for him after the accident: theft of services, falsifying physical evidence and false public alarms.

In court papers unsealed last week, investigators said that when Dodds was found, his shoes were soaking wet, yet his clothes were dry. He spoke of a head injury, but had no visible bumps or bruises on his head and there was no damage to the car indicating that he had hit his head, police said. Also, no one saw or heard him cross the river.

Dodds also said he never drove through the Dover toll that night, but E-ZPass data showed his car passing through both the Dover and Rochester tolls.

Since the electronic toll system was installed last summer, there have been six law enforcement requests for E-Z Pass data showing the time and place each transponder passes through a tollbooth, said Department of Transportation spokesman Bill Boynton.

Transportation Commissioner Carol Murray said the first request came from the FBI and involved a bank robbery.

The other four requests came from the Merrimack County attorney's office; the Middlesex County district attorney's office in Massachusetts; and Massachusetts State Police (two requests). Authorities did not release any more information about those cases.

New Hampshire, one of the last states on the East Coast to join the E-ZPass system, has tighter restrictions on the release of information than some other states.

"As you can imagine, privacy issues we knew would be big. Other toll authorities told us what to expect," Murray said.

The data is exempt from the state's Right to Know Law, meaning it is not public. Information that identifies vehicles, their owners and drivers, or the E-ZPass account holder can be used only for administering the system.

"Where a citizen travels is no one's business but his own," said state Rep. Neal Kurk, R-Weare, a leading privacy advocate in the Legislature.

Law enforcement agencies must persuade a judge there is evidence of a possible crime and get a subpoena to obtain transponder information from the Transportation Department. The data is not kept in-state, to make it more anonymous, Murray said.

Electronic data is kept for 60 days and video images of the license plates on vehicles passing through the tolls are retained for 30 days under the Transportation Department's rules, unless there is a violation. Then, they are kept longer, Murray said.

"We do not hand over information to someone who wants to see if his son or daughter went through the tolls or if somebody's boyfriend went through the tolls," she said.

In Dodds' case, state police asked for the records shortly after the accident, while he was still missing, Boynton said. It showed that Dodds went south through the Dover tolls at 7:39 p.m. His accident occurred on the southbound side of the highway at 8:17 p.m., but north of the toll plaza. Dodds was found about a mile away, 27 hours later.


TOPICS: Crime/Corruption; Government; Politics/Elections; US: Massachusetts
KEYWORDS: bigbrother; donutwatch; ezpass; garydodds; leo; privacy

1 posted on 06/26/2006 11:04:06 PM PDT by KneelBeforeZod
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To: KneelBeforeZod
Where a citizen travels is no one's business but his own," said state Rep. Neal Kurk, R-Weare

Not when a crime has been committed.

2 posted on 06/26/2006 11:08:55 PM PDT by Michael.SF. (At least drunken sailors spend their own money, Congress doesn't.)
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ok, this is in fact one story that I didn't see any mention of him being a democrat.

lots of articles posted here have commentary they dont mention party...but I've find other news sources that domention party when is a dem. And I looked at a few since it was on boston.com when I first saw it, and I just searched for a source we could copy.... none of the news sources I found mention Dodds' afiliataion.


3 posted on 06/26/2006 11:09:16 PM PDT by KneelBeforeZod (I have five dollars for each of you)
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To: KneelBeforeZod

Interesting privacy issue. The guy was missing, so the police accessed the available data, ostensibly in an effort to locate him. Then he gives a weird story about his whereabouts, and they say the data evidences a crime because it doesn't jibe with his story.

Scratching head...


4 posted on 06/26/2006 11:16:18 PM PDT by Kryptonite (Keep Democrats Out of Power!)
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To: KneelBeforeZod
Your suspicions are well founded Gary Dodds is indeed the Democratic candidate for New Hampshire's first congressional district.

He said he wandered away, swam across the Bellamy River, then huddled in the woods for warmth until he was found a day later.

He must be related to 'Swimmer' Ted Kennedy.

5 posted on 06/26/2006 11:44:55 PM PDT by managusta (corruptissima republica plurimae leges)
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To: managusta
He must be related to 'Swimmer' Ted Kennedy.

Well, that explains why only his shoes were wet, he can walk on water.

6 posted on 06/27/2006 12:00:29 AM PDT by Navy Patriot (Striving to obtain liberal victim status.)
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To: Michael.SF.

How long until they start issuing fines for having an average speed between two tolls greater than the speed limit?


7 posted on 06/27/2006 12:05:00 AM PDT by thoughtomator (Famous last words: "what does Ibtz mean?")
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To: KneelBeforeZod
Let me guess: he's a Democrat or the first thing they would have been sure to mention was his party affiliation.

(Denny Crane: "Every one should carry a gun strapped to their waist. We need more - not less guns.")

8 posted on 06/27/2006 12:07:45 AM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: Michael.SF.
Not when a crime has been committed.

It doesn't even come to that. Here's the money quote, buried in the last paragraph: "In Dodds' case, state police asked for the records shortly after the accident, while he was still missing..."

In other words they were using it to see if they could find him -- a missing person at that point.

9 posted on 06/27/2006 12:32:26 AM PDT by FreedomCalls (It's the "Statue of Liberty," not the "Statue of Security.")
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To: thoughtomator

"How long until they start issuing fines for having an average speed between two tolls greater than the speed limit?"

Ever been on the toll road between Tulsa and Ok City? They do the time speed math there


10 posted on 06/27/2006 12:34:44 AM PDT by Figment
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To: Kryptonite

It sounds like he was either drunk or stoned and crashed.

Then he needed to hide out to make sure the evidence of his intoxication had dissipated.


11 posted on 06/27/2006 1:16:16 AM PDT by DB (©)
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To: KneelBeforeZod

What amazes me is that somehow one can't just go out and get a transponder anonymously. There is always a requirement to tie it to a vehicle or driver's license, when the transaction at a toll booth doesn't require either.


12 posted on 06/27/2006 2:23:42 AM PDT by glorgau
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To: glorgau

And how are the charges billed?


13 posted on 06/27/2006 2:30:15 AM PDT by tiger-one (The night has a thousand eyes)
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To: Kryptonite
Ok, so the SP don't get the EZ data, the can't find Dodds, they find him six years later. Cause of death indeterminably. Then the family and the media will ask, why did you not get the EZ data?

Presently in NH we have 3 missing. One was a car accident, vehicle off the road, no driver found after more than a year. The other two are mother and teen daughter. No vehicle involved just missing.

If these were your loved ones you would want LE to do everything possible to find them. If LE does not then it becomes a liability issue.

The EZ data is no more than looking a tape from a security camera, ATM and charge card records.

That said, Dodds and his wife's story were strange from the get-go and fell into a typical DUI, crash and run scenario.

His former campaign manager has stated Dodds had inappropriate relationship with one of his campaign workers.
14 posted on 06/27/2006 2:52:19 AM PDT by tiger-one (The night has a thousand eyes)
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To: Figment
Not capable of doing Time, Distance, Rate here in NH. These are not turnpikes like NJ, or MA where there a record (a card) at every on ramp and pay at every off ramp. Plus the EZ pass system we have is good from ME to FL, the I-95 stretch and maybe more.

Here SP has to get a subpoena to get your EZ records. To get a subpoena you need PC and PC can not be articulated based on a witch hunt.
15 posted on 06/27/2006 3:01:58 AM PDT by tiger-one (The night has a thousand eyes)
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To: Figment
I was just going to mention the Turner Turnpike.
16 posted on 06/27/2006 3:31:00 AM PDT by HuntsvilleTxVeteran ("Remember the Alamo, Goliad and WACO, It is Time for a new San Jacinto")
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To: thoughtomator

Won't work as the EZ pass is removable. Could be 2 different cars.


17 posted on 06/27/2006 3:34:18 AM PDT by KeepUSfree (WOSD = fascism pure and simple.)
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To: KeepUSfree
All EZ pass toll booth transactions are on video. Tag #'s and vehicle are recorded.
18 posted on 06/27/2006 5:10:32 AM PDT by Roccus
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To: thoughtomator
They have already considered that in NY.

It's coming, I'm sure.

19 posted on 06/27/2006 7:28:14 AM PDT by Michael.SF. (At least drunken sailors spend their own money, Congress doesn't.)
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To: KneelBeforeZod
They'll have to my EZ Pass out of my cold dead fingers before I give it up. We travel from Massachusetts to Virginia every year on vacation and the drive would take an hour longer without it.

I especially like the states where you can go through the EZ Pass lanes at full speed.

20 posted on 06/27/2006 7:33:38 AM PDT by Aquinasfan (When you find "Sola Scriptura" in the Bible, let me know)
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