Police Problems and Policy
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Oakland plan would add police personnel

div an effort to beef up the shrinking Police Department, two Oakland City Council members are proposing to contract with the county sheriff, speed up the planned hiring of police officers and hire 20 civilians to help support police operations.--...
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Jesse Morris's comment, December 12, 2012 9:10 AM
Seems to me that they could spend a little bit more on their "crime" budget. I also do not approve of speeding up the training process of new recruits. I would liek to think that the newbies would need all the help they can get before being thrown into a giant mud puddle thats up to their eyebrows. I dont think you can put a budget on crime, you do waht needs to be done, more often than not; you do it with what you got. But if you are understaffed and don't have enough man power, there not a whole lot you can do. I mean its not like the criminals arn't going to wise up to when theres a break in the authoritative wall that is policing. Who wouldn't exploit that?
Police Problems and Policy
Examining the possibilities of abuse of power without the constraint of New Public Administration.
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Families of first responders who make ultimate sacrifice already have 'skin in the game'

There has been an ongoing glitch in the system for the families of fallen first responders. The health benefits that cover families of our state employees are only covered until the end of the month that their loved one has died. If they are killed the last week of the month, the surviving spouse has … Continue reading Families of first responders who make ultimate sacrifice already have ‘skin in the game’
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The legislature needs to fix this asap.
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San Antonio man resisting arrest dies after police struggle

San Antonio man resisting arrest dies after police struggle | Police Problems and Policy | Scoop.it
SAN ANTONIO (AP) — San Antonio police say a man who was hit with an electronic stun gun while resisting arrest has died.
Rob Duke's insight:
There's an excellent book in our library that looks at each and every taser related death up until about 2013.  It ends up that all but a couple are probably caused by something else (e.g. drugs, pre-existing medical problem, etc.).
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'We'd make the same decision,' zoo director says of gorilla shooting

'We'd make the same decision,' zoo director says of gorilla shooting | Police Problems and Policy | Scoop.it
The Cincinnati Zoo & Botanical Garden stands by its decision to fatally shoot a gorilla to save a child. Not everyone agrees with it.
Rob Duke's insight:
This is a good ethics examination.  Did the zoo officials have a good reason for making this kill?
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New Developments in The Story About That Viral DUI Checkpoint Video

New Developments in The Story About That Viral DUI Checkpoint Video | Police Problems and Policy | Scoop.it
The 21-year-old Tennessee man who became a viral sensation after recording a stop at a DUI checkpoint over the 4th of July holiday is now admitting that he did plan the confrontation. The information comes as the Tennessee Highway Patrol has released a nearly 30-minute dashcam video fro
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And a little more info on the DUI checkpoint case from 2013...
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Excerpts From Supreme Court's Decision Upholding Sobriety Checkpoints

LEAD: Following are excerpts from the Supreme Court's 6-to-3 decision today upholding sobriety checkpoints as constitutional. Chief Justice William H. Rehnquist wrote the majority opinion. Justice Harry A. Blackmun wrote a separate concurring opinion. Justices William J. Brennan and John Paul Stevens both filed dissenting opinions.
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The Case....
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Police Body Cameras: What Do You See?

Police Body Cameras: What Do You See? | Police Problems and Policy | Scoop.it
Thousands of officers wear cameras now, but what they reveal and hide may surprise you.
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Good reality check about what body cameras are really going to provide in terms of independent evidence of officers' actions.
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Adena Benn's comment, May 29, 10:00 PM
These videos are a great simulation. The first one easily had me fooled. It's important to know that these videos when used in court will always be accompanied by commentary at trial, both the officer's or the defendant's, and nearly all should have audio. And also the bee bit reminded me of tommy boy.
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Video clears Atlantic City cop of assault; local man charged

Video clears Atlantic City cop of assault; local man charged | Police Problems and Policy | Scoop.it
An Atlantic City man has been charged after body camera footage allegedly proves he lied about a police officer assaulting him last year.
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Trump rally: Protester chaos or choreography?

Trump rally: Protester chaos or choreography? | Police Problems and Policy | Scoop.it
Getting arrested can be a powerful demonstration of commitment, as activists sacrifice their freedom — at least temporarily — for a political stance. While these are real arrests with genuine legal consequences, some are the result of advance negotiations instead of spontaneous action.

Police and protesters often confer before marches and rallies, discussing everything from the time and location of the protest to the expected size of the crowd. At times, they even agree on how and when people will be arrested.

“They come to us and say, ‘These individuals are going to do this, and we understand when they do this you are going to arrest them,’” said San Diego Police Chief Shelley Zimmerman. “A lot of times, they designate a person or persons to be arrested.”

Not everything can be mediated. After Trump spoke in Albuquerque, N.M., on Tuesday, demonstrators hurled rocks at police, flaming T-shirts and bottles at police. At least four people were arrested. Zimmerman stressed that police are determined to prevent similar outbursts in San Diego.
Rob Duke's insight:
This is also my experience.  Waddington also found this in his research.
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5 statements cops should never make on duty

5 statements cops should never make on duty | Police Problems and Policy | Scoop.it
Your destiny should be to be a great police officer; think and speak like a true professional and you will be one
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Court probing why cop killer was free

Court probing why cop killer was free | Police Problems and Policy | Scoop.it
The state trial court is probing why slain cop killer and convicted cocaine trafficker Jorge Zambrano was free to roam the streets despite repeated
Rob Duke's insight:
To what extent are the courts accountable to the public?  The police certainly are, but the courts are aloof, and for good reason.  The last thing we want to do is mess with judicial independence, but the normal political functions are slow and the courts may "wag the dog" for a time; if not completely change the course of social history (often for the public's own good, see civil rights history).  None-the-less, this can be frustrating to the community and to the law enforcement who feel the brunt of their dissatisfaction.
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Supreme Court Throws Out Death Sentence From All-White Jury

Supreme Court Throws Out Death Sentence From All-White Jury | Police Problems and Policy | Scoop.it
The U.S. Supreme Court Monday cleared the way for a new trial for a Georgia man convicted of murder and sentenced to death by an all-white jury, finding that prosecutors intentionally kept blacks off the jury.

“Prosecutors were motivated in substantial part by race,” wrote Chief Justice John Roberts, who was joined in the opinion by all but one of the justices. In his dissent, Clarence Thomas, the court’s only African-American member, said the court did not have jurisdiction to take up the case.
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LAPPL - Los Angeles Police Protective League: Blog

LAPPL - Los Angeles Police Protective League: Blog | Police Problems and Policy | Scoop.it
The website of the Los Angeles Police Protective League
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Some interesting entries from the LAPD Protective League blog.  The one that caught my eye: Police Commission refuses to try the Force Option Training Simulator (FOTS) to see how difficult split second use of force decisions can be.

The FOTS machine projects a series of incidents on an interactive screen that picks up an officers actions (via video tape) and also records reaction time and shot placement if the officer opts to use deadly force.  At the same time, the operator who is a trained rangemaster and use of force expert is able to change the scenario to match the officers actions, over-reactions, and under-reactions.  Furthermore, the operator has a nylon auto cannon that can target officers and "shoot" them with nylon bullets similar in size and shape to a paintball.  We used FOTS quarterly and it's a great tool to use and would have given the commission a balanced view of what use of force is like for the human brain.  Training (10 hours a week for seven months in shooting, and another 10 hours a week in physical defense/de-escalation) can only go so far to overriding the lizard-like hindbrain that is left over from our evolutionary past.  Like it or not, there is some "fight or flight" that takes over without our control for the first few seconds of any life or death fight.  That response served us well in avoiding snakes and outrunning sabertooths, but it's likely to get your modern cop in serious trouble.
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LAPD union president blasts commission ruling on Ezell Ford shooting

LAPD union president blasts commission ruling on Ezell Ford shooting | Police Problems and Policy | Scoop.it
Lt. Craig Lally said he had received messages and calls from officers complaining about the commission's determination that the shooting was unjustified even though Ford was wrestling for control of the officer's gun.

"They feel that the Police Commission abandoned them for a suspect who basically tried to take an officer's gun," he said. "They're as flabbergasted as I am."

Lally said the commission's ruling would probably make officers hesitant to patrol proactively. He said the decision, along with the impending department-wide rollout of body cameras, has prompted concerns that officers will be unfairly scrutinized for doing even routine police work.
Rob Duke's insight:
California law must align with Federal Court rulings (Prop. 8 from the early 1980's set aside many of the Rose Byrd Supreme Courts liberal rulings).  This decision by the L.A. police commission attempts to roll back case law and apply inappropriate standards.
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The Fundamentals of Supervision: It Comes Down to Basics - Calibre Press

The Fundamentals of Supervision: It Comes Down to Basics - Calibre Press | Police Problems and Policy | Scoop.it
Last month I wrote an article entitled “Remember Where You Came From.” Not to brag, but that article generated more than 75,000 views on Facebook and dozens of comments from readers. After reading the comments and emails I decided to create a snapshot of what I believe makes an effective supervisor. While this is certainly …
Rob Duke's insight:
And, above all set the ethical standards for the organization.  See Chester Barnard's excellent book from 1939: The Functions of the Executive.
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Physicist Stephen Hawking baffled by Donald Trump's popularity

Physicist Stephen Hawking baffled by Donald Trump's popularity | Police Problems and Policy | Scoop.it
Renowned theoretical physicist Stephen Hawking may have a good grasp of the workings of the universe, but says he can't understand Trump's rise
Rob Duke's insight:
Political problems have so many moving parts--even Stephen Hawking is baffled.  Is it any wonder that we have trouble deciding who is right and wrong in the police power debate?
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The future of policing and trust building

The future of policing and trust building | Police Problems and Policy | Scoop.it
NYC Police Commissioner Bill Bratton and Chuck Wexler join Morning Joe to discuss the biggest issues facing the country's police.
Rob Duke's insight:
Bratton introduced Stop and Frisk, but now disavows it....what's going on?  Is Bratton riding the public opinion wave or is there something to his change of stance?
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The DUI checkpoint video the whole Internet is talking about

The DUI checkpoint video the whole Internet is talking about | Police Problems and Policy | Scoop.it
Now, watch as this guy goes through one recording the police and his entire interaction.
Rob Duke's insight:
What do you think about this guy's pugnacious attitude with the police at a DUI checkpoint?  See U.S. Supreme Court Case: Michigan Dept. of State Police v. Sitz (1990). See below. 
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Implementing a Body-Worn Camera Program: Recommendations and Lessons Learned

Implementing a Body-Worn Camera Program: Recommendations and Lessons Learned | Police Problems and Policy | Scoop.it
The Community Policing Dispatch is the e-newsletter of the COPS Office. It aims to educate readers about a variety of criminal justice issues that affect the implementation of community policing and to assist law enforcement practitioners in more effectively addressing crime and social disorder in their communities
Rob Duke's insight:
Cops should be able to review body camera footage before they write their reports or give statements to the department and prosecutor's investigators.  What I perceive may not be what happened.  To this day, I cannot remember the sound or muzzle flashes from my officer involved shootings.  I know those were present (mostly from witness statements), but I have no independent recollection.  Many details are lost or distorted due to the adrenaline rush, which causes time dilation and tunnel vision just to name a couple of the common distortions that occur to any person under great stress.
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When DNA Implicates the Innocent

When DNA Implicates the Innocent | Police Problems and Policy | Scoop.it
In December 2012 a homeless man named Lukis Anderson was charged with the murder of Raveesh Kumra, a Silicon Valley multimillionaire, based on DNA evidence. The charge carried a possible death sentence. But Anderson was not guilty. He had a rock-solid alibi: drunk and nearly comatose, Anderson had been hospitalized—and under constant medical supervision—the night of the murder in November. Later his legal team learned his DNA made its way to the crime scene by way of the paramedics who had arrived at Kumra's residence. They had treated Anderson earlier on the same day—inadvertently “planting” the evidence at the crime scene more than three hours later.
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Adena Benn's comment, May 29, 10:16 PM
the CSI effect rears it ugly head once again: if there's no dna it never happened and if there is dna (no matter who it belongs to), guilt is a foregone conclusion. Still, many many people have been exonerated by forensics. This was a very lucky guy. This and the police cam videos are excellent reminders that it can be a miscarriage of justice to simply rely on one piece of evidence to prove guilt.
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Louisiana governor signs 'blue lives matter' bill

Louisiana governor signs 'blue lives matter' bill | Police Problems and Policy | Scoop.it
Louisiana Gov. John Bel Edwards signs a bill expanding the state's hate-crimes statute to add the targeting of police officers, firefighters and EMS personnel.
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Adena Benn's comment, May 29, 10:31 PM
The blue lives matter spokesperson said the new law is "important because symbolically it advises that there is a value to the lives of police officers. When you give value, it acts as a deterrent in one sense, but it also is a tool to add extra punishment for the assaults and the crimes against them." I don't know about this. Our existing homicide laws show there is value to human lives. Hate crime laws seem to say that some lives are more valuable than others and that sort of thinking only furthers the divide between officers and citizens. I don't agree with the proponents of these laws that say if crimes have greater social consequence, the punishment should be greater. That way of thinking is completely subjective and deliberately treating people differently by way of hate crime laws erodes due process.
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'Daddy, don't be a police officer anymore' - Worcester Mag

'Daddy, don't be a police officer anymore' - Worcester Mag | Police Problems and Policy | Scoop.it
What many have been wondering and asking is: “Who was the little boy?” and “Was he Tarentino’s son?”

Worcester Magazine has since learned the back story, and it is gut-wrenching.

No, the boy is not Tarentino’s son. According to Auburn Police Chief Andrew Sluckis, young Camden is the son of the police officer hugging in him in the photo, longtime Auburn Officer Keith Chipman.

The boy, Sluckis said, had just realized why he was there and that Tarentino had been killed. The boy and his father had been friends with Tarentino. The boy ran to his father, and as he hugged him, Camden pleaded with his father, “Daddy, please don’t be a police officer anymore.”
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Teen with replica gun shot by Santa Rosa police after calling 911

Teen with replica gun shot by Santa Rosa police after calling 911 | Police Problems and Policy | Scoop.it

 A 15-year-old boy carrying a replica pistol was shot and wounded in a park by a Santa Rosa police officer late Monday in what authorities are saying was an attempted suicide-by-cop.

In a statement posted to Facebook, police officials say the boy called 911 about 11:30 p.m. to report a man armed with a gun in Coffey Park in the northwest part of town.

The caller described the gunman’s black sweat shirt and dark jeans and said he was standing with a handgun under a street light at the park’s edge.

"This kid tragically orchestrated this on his own," said Lt. Michael Lazzarini. "He described himself and waited for the cops to show up."

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Full transcript: Judge Williams' ruling acquitting Officer Nero in Freddie Gray case

Full transcript: Judge Williams' ruling acquitting Officer Nero in Freddie Gray case | Police Problems and Policy | Scoop.it
Circuit Judge Barry G. Williams acquitted Officer Edward Nero on Monday of all four charges against him in connection with the arrest of Freddie Gray. Below are his full comments from the bench, as transcribed by The Baltimore Sun.
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Freddie Gray Arresting Officer Edward Nero Found Not Guilty On All Charges

Freddie Gray Arresting Officer Edward Nero Found Not Guilty On All Charges | Police Problems and Policy | Scoop.it
Nero waived his right to a trial by jury. His bench trial began May 12 and final arguments were heard Thursday.

WJZ’s Ron Matz says the verdict announcement was attended by a group of Baltimore City police officers, most in plain clothes. After the verdict was read, they came up to Nero one by one, embracing him and patting him on the back. Nero was seen with tears in his eyes.
Rob Duke's insight:
Cops and attorneys know the general rule: if guilty, ask for a jury.  If innocent, ask for a bench trial.  Jury's can get things wrong, but a judge will rarely do so.
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How Can You Trust the Judgment of a Police Commission That Applies the Wrong Legal Standard?

How Can You Trust the Judgment of a Police Commission That Applies the Wrong Legal Standard? | Police Problems and Policy | Scoop.it
As taken from the Commission report, the facts surrounding the shooting are as follows: The officer attempted to detain Ford, suspecting he had possession of narcotics. Ford turned suddenly when the officer reached him, and tackled the officer to the ground. Ford then tried to take the officer’s gun—as evidenced by Ford’s DNA on the top and body of the officer’s holster. The partner officer shot Ford twice with no effect. With Ford still on top of the officer and trying to take his gun, the officer pulled out his backup gun and shot Ford once in the abdomen, causing Ford to go limp and allowing the officer to get out from under Ford.

The Commission used a “totality of the circumstances” review in deciding if the shooting was in policy, but went off the rails by using the wrong legal standard to guide its review. The Commission applied a holding in Hayes v. County of San Diego, a Ninth Circuit Court of Appeals case that ruled that a deputy sheriff’s “tactical conduct and decisions preceding the use of deadly force were relevant considerations under California law in determining whether the use of deadly force gave rise to negligence liability.” (Emphasis added)

Hayes was incorrectly applied in this instance because the Commission concluded that the initial detention of Ford was “unjustified,” not that it was negligent. According to the Commission, “The legally inappropriate detention of the subject that led to the subsequent altercation rendered the use of deadly force unreasonable and out of policy.”

An “inappropriate detention” is a Fourth Amendment issue, not an issue of negligence as in Hayes, and the misapplication of Hayes to Fourth Amendment issues resulted in the Commission’s absurd “out of policy” decision.

If an “unreasonable detention” was the issue, the Commission’s review should have been guided by Fourth Amendment cases, not a single case involving “negligence.” For instance, in Billington v. Smith, a prior Ninth Circuit case, the court ruled that, under federal law (including the Fourth Amendment), an officer’s negligent act that provokes a violent response “will not transform an otherwise reasonable subsequent use of force into a Fourth Amendment violation.” This was reiterated in another Ninth Circuit case, Sheehan v. City and County of San Francisco, where the court ruled that only when an officer intentionally and recklessly provokes a violent confrontation he or she is liable for the otherwise defensive use of deadly force.

What is a “reasonable use of force?” The United States Supreme Court has determined “‘reasonableness” of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight.”

Applying the correct law, the shooting of Ford could have only been found “out of policy” if the detention of Ford was so unlawful and reckless that it provoked a violent confrontation. The Commission did not and could not make that finding. Even the Commission acknowledged that Ford turned suddenly and attacked the officer. The detention was not as unlawful and reckless as to provoke violence by Ford. Shooting Ford, who continued to try to take the officer’s gun even after being shot twice, was a reasonable use of force.

Equally disturbing is the Commission’s failure to follow relevant California law that holds that even if an officer makes an illegal detention, a suspect doesn’t have a free pass to try to injure or kill the officer. In the case of In Re: Richard G., a California Court wrote that it would “not immunize crimes of violence committed on a peace officer, even if they are preceded by a Fourth Amendment violation.”
Rob Duke's insight:
Here's the analysis on the inappropriate legal standards used by the L.A. police commission.
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