Search found 6 matches

by chasfm11
Wed Jul 10, 2013 9:36 am
Forum: The Crime Blotter
Topic: Over-policing plus justified fear of impersonators
Replies: 192
Views: 23374

Re: Over-policing plus justified fear of impersonators

sugar land dave wrote:
baldeagle wrote:
sugar land dave wrote:You repeated the claim that this story came from a press release at least 6 times that I recall. Not once did you cite a source or provide a link, yet used the statement to the detriment of others.
Yes, he has, and now I simply have to insist that a cite be provided to verify this claim. Otherwise it is false. Without proof, it's simply a device to attempt to preclude discussion.
I understand, but I do want to make it clear that I admire his tenacity and energy in posting. I wish I had one tenth of that.
But in the end, is the approach beneficial?

I propose different measurements based on a couple of principals.

1. Like medicine, the goal of police work should be to deal with the malignancies of society by the least invasive means possible. This is the mastectomy versus lumpectomy view point. We would not tolerate a doctor who's post surgical speech started with. "while I was taking out your gall bladder, your intestine got in the way so I removed it, too." How about a biopsy where the surgeon says "while I was in there, your lung didn't look quite right so I took it out." Won't you want some verification that the outcome was the least invasive possible?

2. Society is best serviced by professions which are self-regulating. As a laymen, I'm never going to understand that Aunt Patsy's hepatic artery was erroneously ligated during her gall bladder surgery. I need to doctor to explain what happened and what can be done to prevent re-occurrence. We have those mechanisms in place in the form of surgical review boards, coroner's inquests and in LE, Internal Affairs.

But the tendency is for the professionals to close ranks in the face of criticism. For any group to be self-regulating, there has to be a feed-back loop. I don't need to understand how it happened to know, at a gross level, that Aunt Patsy went into for gall bladder surgery and now she is dead. Someone had better figure out why. There is a Boeing 777 laying in pieces at SFO and there was a reason. A wounded veteran was stripped of his uniform in order to board an airplane because his wound wouldn't let him raise his arm to normal height. These are all cries for process correction. The professionals need to deal with them.

Our military is a good example of the minimally invasive regulation. Gone are the Viet Nam era carpet bombing techniques and they have been replaced by laser guided munitions and drones. The idea is to deal with the BGs without damaging the surrounding population. This is very hard when the BGs always surround themselves with human shields. At the cost of the lives of our soldiers, great strides are taken to avoid coll atrial damage.

I don't see this ABC situation in a vacuum. For me, it is another example of the Boston bomber chase tactics and, to some extent, the recent spate of police shootings of dogs. Again, I'm a big supporter of law enforcement and recognize their value and service to all of us. But if they are held beyond reproach, regardless of what they do, the feedback loop and the correction mechanisms will never work. The Boston bombing suspect was caught, but not by the Constitutional violations but by help from some of the various citizens who were violated. Just because you CAN do something legally, does not mean that you SHOULD do it. Does it pass the "this is the only way" test?

We should continuously examine police outcomes with our "minimally invasive" glasses on. For me, it is a great disservice to the vast majority of hardworking, dedicated police professionals to allow a few and sometimes isolated events to taint their service.
by chasfm11
Tue Jul 09, 2013 1:37 pm
Forum: The Crime Blotter
Topic: Over-policing plus justified fear of impersonators
Replies: 192
Views: 23374

Re: Over-policing plus justified fear of impersonators

EEllis wrote:OK let's look at it
1So?

2 Facts not in evidence. Further examination of the local paper revealed that the agents were making multipul arrests in the parking lot, 10 was the number I saw, over 2days. Trying to phrase it like there were 5+ agents to make that one arrest is less than accurate. After the girl refused to comply that all the agents in the area converged is entirely reasonable and doesn't really mean anything.

3 So? The law doesn't allow you to ignore cops if you didn't break the law. If they have RS they can and should stop you and you, by law, must comply. That you were not guilty is not a defense.

4 A gun was drawn but it was not even aimed. I'm not surprised that when a car that a suspect is in starts to drive away, with agents in front of the car, that someone drew a weapon. Maybe the agent shouldn't of done so, I'm not an expert on their use of force policy but it just doesn't seem out of line. De-escalation is all fine and well but if you are going to have agents making arrests you just can't take their right of defense away. As far as other dept policies, that still would reflect on the Agency not the agents so I'm not sure your point in the way this conversation is going. That a different agency has a different policy, well so?

5 That the agency hasn't stepped up is more the norm than anything else isn't it?

Finally I haven't said this was in or out of policy. I don't know and obviously you don't either. That has been my much repeated point.

So? I don't want to live in the kind of environment that this stop occurred in. I don't kill mosquitoes with a shotgun. The overall outcome of this incident smells like a police state to me. And I'm prepared to vote out of office any government that sanctions this kind of approach. And I do vote. If this had occurred in Texas, I would personally be driving to the town to protest. Legal or not, it isn't acceptable to me. Others are welcome to a different opinion.
by chasfm11
Tue Jul 09, 2013 8:26 am
Forum: The Crime Blotter
Topic: Over-policing plus justified fear of impersonators
Replies: 192
Views: 23374

Re: Over-policing plus justified fear of impersonators

EEllis wrote: The girls did technically break several laws but it was felt they had reason, they were under duress. I've not really argued that. The officers did not, so far as anyone has been able to come up with, break any laws. We don't know that they did anything outside of policy or what they always did when conducting arrests. You don't blame the bottom rank because you dislike their policies.
http://www.dailyprogress.com/news/virgi ... 0f31a.html" onclick="window.open(this.href);return false;
While it is interesting to discuss what was said in the various news accounts, nothing has changed the basic conditions in this matter.

1. The original offense in Virginia is a Class 1 misdemeanor. Punishment is up to a $500 fine, probation, community service and a license suspension - if the girls had been guilty of the suspected crime.
http://www.criminaldefenselawyer.com/re ... ges-penalt
2. More than 5 undercover agents were sent against the "suspects" for a misdemeanor. That begs the question "is this the normal criteria for misdemeanor enforcement?"
3. The girls committed no crimes until the police action against them started.
4. A gun was drawn in a suspected misdemeanor apprehension. Any time a gun is drawn, even if it is not pointed at someone, it escalates the severity of the situation. In Texas, most police departments have a no-chase policy against motorcyclists who run after being sought for a moving violation. The point of that policy is not to escalate the matter and endanger lives, even though the motorcyclist, in running, is guilty of more crimes than the original infraction. That begs the question "what was it about this situation that caused the escalation to the possible use of deadly force?" or "what is it about a misdemeanor enforcement that is worth someone dying over?"
5. No one in the Virginia ABC group has acknowledged responsibility. If the officers involved were simply following policy, someone in their management chain should have come forward immediately and said "they were following policy." By not doing so, it is that ABC management team, not the public, that is throwing the agents "under the bus.". In the DPS cavity search matter, DPS management immediately stepped up an took action, making responsibly for the matter clear. Like it or not, those involved in a matter are assumed to be responsible for it unless other information becomes available. If I'm driving a vehicle with an expired registration, the citation goes to me, not the owner of the vehicle. I'm the one behind the wheel.

If your statement is correct and there is nothing about this situation that was outside of policy, I'm certainly glad that I don't live in VA. I expect this sort of thing in MD or DC. They trample on citizens all the time with impunity.
by chasfm11
Sat Jul 06, 2013 11:37 pm
Forum: The Crime Blotter
Topic: Over-policing plus justified fear of impersonators
Replies: 192
Views: 23374

Re: Over-policing plus justified fear of impersonators

http://www.washingtonpost.com/local/va- ... id=d_pulse

The Washington Post
By Lori Aratani, Updated: Saturday, July 6, 3:17 PM
At least one uniformed officer will accompany plainclothes officers when such an operation is being conducted, officials said
It looks like more changes to policies could also be in the works, based on the article. This is confirmation for some of us who have had problems with the original policy. Everyone needs to learn from their mistakes. I'm glad that this didn't turn into another "stonewall."
by chasfm11
Sat Jul 06, 2013 1:29 pm
Forum: The Crime Blotter
Topic: Over-policing plus justified fear of impersonators
Replies: 192
Views: 23374

Re: Over-policing plus justified fear of impersonators

EEllis wrote: Look this is not new. Heck there are more restrictions of cops now that there ever were in the history of this country. They just also have a bit better protections than before in some jurisdictions, meaning they can only be fired when they violate the law or their dept regs not just because there is bad press.

I'm sorry you have such an issue with the RS doctrine but you do realize that it has only gotten stricter over the years requiring even more from law enforcement. As to your "submission" , it's impossible to say that with the info given!!! That's why we have judges who review RS. Maybe the guy notices some smell, has better vision, haw 30 years of experience, has a pet parrot and happens to know exotic pet statutes the others don't. You would take Sherlock Holmes and kick him out of the Dept because he is too observant? Yes he is fictional but serves a point. I made the 5 to 1 comment to illustrate it was just about what is in the mind of the individual officer and their ability to articulate it to the court that determines RS. Does that leave a lot to the vagaries of human opinion? Well yes but until the robots take over that is what we are stuck with.

Now as for as the DA taking charges I think you are even farther off base. You have suspects who fled the scene and hit 2 agents. After investigating the DA felt that prosecution would be wrong but deciding without info would of been just a dereliction of his duty.
In other words, the act of enforcing a law that wasn't being broken against two scared girls created criminals. And you don't have a problem with that? I do. I also had a problem with the man being killed in his garage in Ft. Worth when he wasn't breaking any laws either. I will always have a problem with the act of police enforcement creating criminals who weren't before the act began.

I'm a great supporter of LE. Our daughter is a dispatcher. But I think that one of the most effective tools that departments have is Internal Affairs and believe that IA should be involved in every case where otherwise innocent people suddenly are criminals. You can say that the girls used bad judgement in trying to protect themselves. But their "crime" in no way justifies the end result.

I believe that blind support of the outcomes of cases like this does more to undermine public confidence in LE than an honest evaluation of the outcome and making adjustments to the protocols as needed. I sense that you would want to see this situation repeated again under similar circumstances. I don't see much that I would ever want repeated. I guess we'll just have to agree to disagree.
by chasfm11
Sat Jul 06, 2013 9:33 am
Forum: The Crime Blotter
Topic: Over-policing plus justified fear of impersonators
Replies: 192
Views: 23374

Re: Over-policing plus justified fear of impersonators

EEllis wrote: Doesn't matter why I would think it or what you might think. In this case depending on the flavor I think the carton has colors and designs that would lead me to think it was beer not soda. Now other people may look and use different input to draw other conclusions but if the agent saw something and that led them to believe that the package was likely beer. What matters for the RS for the stop to be found legal in court is that the agent can articulate the reasons for their belief and that a judge find that explanation of the agents belief reasonable. The judge doesn't need to agree or think that he would also think the same just that to the agent it was reasonable. I hope I gave a decent explanation because an expert I'm not. Is it a bit arbitrary? You could look at it like that. You can take 5 cops have them look at a situation and only 1 may see RS and even though no one else sees RS if the 1 cop can explain it in court then it may well be good RS.
I'm sorry but what you said scares the heck out of me. Paraphrased, it says "justice administered by the officer with the most vivid imagination." I don't accept that. In this case, there compound mistakes. I judge the worst of those mistakes to be the DA going along with the events and filing the initial charges against the girls. There should have been more of an investigation before that happened.

We seem to have lost the concept that there are checks and balances. For me, one of the first checks should be from police administration who reviews what an individual officer does and allows it to continue or stops it right there. The second check is that the DA should be carefully reviewing what is brought to him or her to make sure that the elements necessary to prosecute the case are available or that they are not.

I would submit that if 5 officers review a situation and 4 of them don't see RS, retraining is needed. Either 4 of them are missing things or the 1 is finding things that aren't there. I completely understand that breakthroughs in some cases come from a single officer finding a piece of evidence that was overlooked. For me, that is vastly different than 5 officers looking at a live scenario and only one of them seeing something that requires further action. There are enough blatant infractions of the law that we don't need to be pursuing subtleties

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