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Officer Charged With Lying in a Rikers Inmate’s Death

Officer Charged With Lying in a Rikers Inmate’s Death | Police Problems and Policy | Scoop.it
In an interview, Officer Carol Lackner, who was charged with lying in jail records, wondered why she was “getting all the blame” in the death of the homeless veteran.
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Police Problems and Policy
Examining the possibilities of abuse of power without the constraint of New Public Administration.
Curated by Rob Duke
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Fairbanks mayor seeks green light from City Council for police reality TV show | Local News | newsminer.com

Fairbanks mayor seeks green light from City Council for police reality TV show | Local News | newsminer.com | Police Problems and Policy | Scoop.it
FAIRBANKS — Fairbanks police may soon be the subject of a reality TV show if the City Council approves a resolution put forward by Mayor Jim Matherly.
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Nathan L Smoot's comment, September 22, 11:50 PM
That would be interesting to see. I still would not want to get pulled over by FPD even if I would get to be on TV!!
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Corrections Officer Armando Gallegos, California Department of Corrections and Rehabilitation, California

Corrections Officer Armando Gallegos, California Department of Corrections and Rehabilitation, California | Police Problems and Policy | Scoop.it
Corrections Officer Armando Gallegos succumbed to injuries sustained at approximately 3:30 pm on April 21st, 2018 when he was attacked by multiple inmates at the Kern Valley State Prison.
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Ashley von Borstel's comment, September 20, 11:13 PM
Why is attempted homicide the charge for 7 of the inmates? They were all part of the beating and should all receive the same punishment since the officer died. My father and brother both work in the maximum security prison in Seward and this situation has always scared me.
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Mental Health Expert to Join Colorado Police Force

Mental Health Expert to Join Colorado Police Force | Police Problems and Policy | Scoop.it
Amid an increase in mental health, substance abuse, and transient-related calls across many police jurisdictions in Colorado, one agency is hiring a mental health expert who can better assist officers in the field.
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Kari Michael's comment, September 21, 12:25 AM
While there isn't much to read here, I think this is extremely important. Not all officers know the signs or symptoms associated with mental health or drug reactions and may react negatively in a situation involving both. This can create a worse situation for the person in question and the officers. Having an expert who can more positively identify an issue along with providing different deescalation techniques may help prevent unnecessary police brutality.
Anthony Jaster's comment, September 21, 11:23 PM
this is a good call that way the people that qualify for this can get some help
Rob Duke's comment, September 22, 1:31 PM
This is a good step: My old dept., Redlands P.D., started hiring criminologists in the late 1990's to connect theory to practice. I'd see this as a similar step and equally logical.
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Uninformed Consent

Uninformed Consent | Police Problems and Policy | Scoop.it
A common approach is to require firms to give consumers information on the relevant costs and benefits of sharing and to tell them about data breaches. But as I’ve noted, research points to the limits of this approach. It’s unlikely to solve the problem given that users don’t read privacy policies and, despite the media uproar, don’t take much action when they learn of breaches. (Indeed, the majority of Facebook users stayed on the platform after the Cambridge Analytica scandal broke.)

A related approach is to use regulation to directly reduce risks to consumers by, say, placing specific restrictions on what personal data firms can collect and how they can use it, and handing out penalties for noncompliance. In the United States, there is no national law regulating the collection and use of personal data. Some basic ground rules do seem to be in order. In Massachusetts, for example, companies must encrypt personal data that flows over public networks. And California’s groundbreaking new Consumer Privacy Act imposes several rules on firms; for example, businesses that sell consumers’ data must allow users to opt out of such sales without penalty.

But a problem with this approach is that it can lead to the “whack a mole” problem, whereby firms find loopholes to wriggle out of while complying with the letter of the law. For example, California’s new privacy law forbids differential treatment of consumers who exercise their privacy rights — unless it “is reasonably related to the value provided by the consumer’s data” — a possible loophole for firms to exploit. And workarounds may be particularly easy to find in the digital space, where firms are quite nimble; a quick tweak in wording of a privacy policy can have enormous consequences.

So the real promise of government intervention may lie in giving firms an incentive to use consumers’ personal data only in reasonable ways. One way to do that is to adopt a tool used in the product safety regime: strict liability, or making firms responsible for negative consequences arising from their use of consumer data, even in the absence of negligence or ill intent. Relatedly, firms that collect our personal data could be deemed, as legal scholars Jack Balkin and Jonathan Zittrain have argued, “information fiduciaries” — entities that have a legal obligation to behave in a trustworthy manner with our data. Interventions such as these would give firms a sincere interest in responsibly using data and in preempting abuses and failures in the system of data collection and sharing (because otherwise they’d face financial penalties).

To be sure, many difficult questions need to be answered first. For example, how would damages be determined? Although the harm done by disclosure cannot be calculated with precision, it could be estimated. Terry Bollea (also known as “Hulk Hogan”) was awarded $115 million in compensatory damages when Gawker violated his privacy by posting a sex tape of him where millions could see it. (Full disclosure: I worked as a consultant to Bollea’s team on this case.)

The real promise of government intervention may lie in giving firms an incentive to use consumers’ personal data only in reasonable ways. One way to do that is to adopt a tool used in the product safety regime: strict liability.
Another challenge is proving harm; because this is hard to do in the privacy sphere, some have cogently argued, the courts would have to accept the notion of probabilistic damages. Also, what constitutes “reasonable” versus “unreasonable” data use? That’s difficult to articulate, but it’s often the kind of thing you know when you see it. And a key aim of regulation would be to serve as a deterrent and prevent irresponsible use of data in the first place.

A common concern with regulation is that it can reduce competition. The cost of compliance is disproportionately burdensome for small players, so the net effect of regulation can be greater market power for large incumbents. But there is reason to believe that this pitfall would be less likely if firms were given an interest in behaving in a trustworthy manner. First, companies with deep pockets would be disproportionately targeted by those seeking damages. Second, this approach is conceivably less restrictive to new entrants because it need not require the large up-front investment in compliance that direct approaches typically do.

Regulation is not a panacea for the surveillance economy. It will surely introduce some new issues. There’s also more to gaining consumers’ trust than merely following the law. But if we draw on insights from behavioral science and accept that consumers are imperfect decision makers rather than perfectly rational economic actors, we can design better regulation that will help realize the benefits of data collection while mitigating its pitfalls — for both firms and consumers alike.
Rob Duke's insight:

It's not just surveillance by the police and it's not just the power of coercion that should worry us in this electronic age.

Fake news.  Targeted advertising.  Persuasion and Reciprocity are tools that can (and are) abused as much as, if not moreso, than is the power of the sword.

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CA police shooting | One killed, 3 injured Rancho Cordova | The Modesto Bee

Sacramento County Sheriff’s deputy Mark Stasyuk was killed and another deputy was injured during a shooting Monday afternoon in Rancho Cordova, according to the sheriff’s department. Suspect was shot and taken into custody.
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Kansas sheriff's deputy shot, killed in line of duty

Kansas sheriff's deputy shot, killed in line of duty | Police Problems and Policy | Scoop.it
A sheriff's deputy in Kansas was shot and killed in the line of duty on Sunday, investigators said.

Sedgwick County Deputy Robert Kunze III, 41, died Sunday after responding to a "suspicious character call," officials said. 

Kunze responded to reports of a black vehicle around 1:18 p.m., Sheriff Jeff Easter said at a news conference. Upon arrival, the suspect's vehicle had its hood open and another vehicle -- belonging to the witnesses who reported the "suspicious character" -- was parked in front of it. 

At 1:48 p.m., Kunze administered his emergency button to alert dispatch that he'd been shot.

When a responding deputy arrived, he saw Kunze laying on his side next to the suspect, who was laying face down on the ground next to a "40 caliber weapon."

"Robert was a great asset to the sheriff's office," Sheriff Jeff Easter said at a news conference. "Robert was an exceptional deputy who was loved by everyone he worked with."
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Red-Light Cameras Increase Accidents

Red-Light Cameras Increase Accidents | Police Problems and Policy | Scoop.it
A collection of media coverage reporting on the increase in accidents at red light ticket camera intersections.
Rob Duke's insight:

But not everyone agrees that red light cameras improve safety.

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Kari Michael's comment, September 21, 12:35 AM
I think that the red light cameras can cause a person to slam on their breaks and cause more rear-end collisions than anything else. However, I do know that the cameras have to take multiple pictures to prove that you went through the light. I have seen where people slow down immensely, but still cross the line. They will get flashed the first time, but there is no proof of them going through the intersection in order to send them the ticket. I have seen at night too that people panic when they see the flash of the camera, even if it is going in the opposite direction.
Morgan Erickson's comment, September 21, 3:58 PM
I Don't really understand how having the cameras could lead to more accidents. Really the only accident I could see happening would be rear ends because of people slamming on the brakes as to not run the light. As far as everything else is concerned i just don't get how they could make it worse.
Rob Duke's comment, September 22, 1:37 PM
That's what I've seen. It's the rear-enders that go up and many of these push the first car (the guy who chickened out...ok, was more cautious) gets pushed into the intersection where they get creamed.....
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Red light cameras can catch you speeding in Beaverton | kgw.com

Red light cameras can catch you speeding in Beaverton | kgw.com | Police Problems and Policy | Scoop.it
According to state law, drivers can be ticketed if caught traveling 11 miles per hour or more over the speed limit during green or yellow light phases, or 21 mph over the speed limit during red light phases.
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Berkeley police posted activists' mugshots on Twitter and celebrated retweets, emails reveal

Berkeley police posted activists' mugshots on Twitter and celebrated retweets, emails reveal | Police Problems and Policy | Scoop.it
A California police agency that published the names and photos of anti-fascist protesters on Twitter said it was creating a “counter-narrative” on social media and celebrated its high rate of retweets and “engagement”, internal records reveal.

The Berkeley police department (BPD) faced widespread backlash last month after posting the personal information of arrested activists online, leading to Fox News coverage and harassment and abuse against the leftwing demonstrators at a far-right rally. New emails have shown that the city has an explicit policy of targeting protesters with mugshot tweets, with the goal of using “social media to help create a counter-narrative”.

Officials have further praised the “unusually deep and broad publication and attention” to activists’ mugshots, saying it helped create a “narrative about the City’s ability to enforce the rule of law”.

The records have sparked fresh scrutiny of the northern California police department, with critics accusing law enforcement of aiding the “alt-right” by shaming anti-fascists online after making questionable arrests. City lawmakers, citing the Guardian’s reporting, have now proposed an ordinance that would ban police from posting mugshots on social media unless the arrested individuals posed an immediate public safety threat.
Rob Duke's insight:

Geez!  The counter-narrative with BPD is not that "right wing good: left wing bad", the counter-narrative that they're trying to influence is: "police ineffective--Berkeley is fair game if you want to be disruptive".

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Anthony Jaster's comment, September 15, 7:10 PM
I understand of wanting to show that your department is doing something in response to disruptive protestors by posting photos. This is only a little bit different than putting it in the paper.
Sierra Grimes's comment, September 17, 1:08 AM
Found it really interesting that neither this article or others it referenced mentioned weapons other than "poles for signs" causing arrests, but when I looked on the Berkeley PD Twitter, found that they posted photos of what was being confiscated. There were knives, pepper spray, rocks, and even a hammer besides the aforementioned poles (which the city had actually made a statement specifically banning use of at this protest). Also tried finding out how the group holding the original protest acted to see if the arrests/social media posts were truly one-sided, but couldn't find much. As useful as social media can be in terms of alerting the public of those who could be considered dangerous, there can also be a lot of negative repercussions, especially when it comes to alt-right and antifa groups clashing. With them, the internet and "doxxing" is heavily utilized, so posting personal info results in risks of threats to life and limb, actual harm, or things like "SWATing". I think that generally there needs to be more training for police when it comes to the use of social media in situations involving protests and arrests of those involved, as inevitably posting on social media will likely create some form of a narrative.
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Activism Chicago Style

Activism Chicago Style | Police Problems and Policy | Scoop.it
Activism Chicago Style ... Recently, we have had three major instances of activism; the shutdown of the Dan Ryan Expressway
Rob Duke's insight:

Thoughts?

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Fatal shooting: Could police have done more to defuse confrontation?

Fatal shooting: Could police have done more to defuse confrontation? | Police Problems and Policy | Scoop.it

The police officer who fatally shot a man armed with a knife on the Fox Cities Trestle Trail bridge on May 23 did little to de-escalate the situation before opening fire, a civil rights attorney said after reviewing videos of the shooting.

Attorney Jon Safran of Milwaukee said police departments historically haven't done enough to train officers how to use de-escalation techniques, such as giving troubled suspects some space, informing them police don't want to hurt them or asking them to talk through their problems.

"This cop doesn't do anything in attempt to do that," Safran told USA TODAY NETWORK-Wisconsin.

Fox Crossing police officer Seely Moe responded to Fritse Park for reports of a man acting erratically and threatening people with a knife. Moe grabbed his AR-15 rifle, ordered bystanders to get away and confronted 25-year-old Joshua M. Gomoll on the bridge. Moe aimed his rifle at Gomoll and repeatedly ordered him to get down on the ground or he would shoot. Gomoll didn't comply and walked toward Moe with a knife, resulting in Moe shooting him three times.

Moe shot Gomoll a fourth time as he tried to get up. Other officers later used a Taser on Gomoll before sliding away the knife, handcuffing him and giving aid.

Gomoll died on the bridge from gunshots to his chest and abdomen, according to an autopsy report.

The Wisconsin Department of Justice investigated Gomoll's death, and the Winnebago County District Attorney's Office decided the shooting was justified.

Rob Duke's insight:

The shooting looks good to me.  He's chasing people on the bridge and then turns coming towards the officer refusing to obey orders.

These knife situations can go bad too quickly, see this video for a graphic illustration.  In seconds a man with a knife kills several officers--warning it's not pretty, so don't watch if you have a weak stomach:

https://www.full30.com/video/9030f86490b70a13d01f3244842a91c2

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Christa Lynch's comment, September 9, 9:22 PM
Sometimes I wonder if there is more that could be done. I am not an officer in that situation, but I do question if deadly force is always necessary. To have this kind of power is a great responsibility. It is unfortunate that it has been abused and as a result every shooting is put on display in the media
Ashley von Borstel's comment, September 11, 6:25 PM
I just watched the video you shared with us and it allowed me to understand further why I think the shooting was appropriate. In just one opening, the man could have hurt someone or the officer, just like in the video. Sometimes situations cannot be defused. Shooting the suspect sometimes happens and, in this article, he warned the individual to get on the ground or he'd shoot. I find it understandable for the officer to shoot because the man started to approach him and was a threat to the bystanders.
Rob Duke's comment, September 14, 8:31 PM
You don't always shoot the person with a knife, but it is often justified. In one case my partner and I had a d.v. with one party in the kitchen and still operating at "defcon 1" and ready to go nuclear. We call her out and she emerges from this kitchen on a "shotgun" house (situated so one hallway goes down the middle of the house--I guess that's why it's called a shotgun house--compact, but the hall dumps out in the dining living area and it can be difficult to decorate and create "feng shui". In this house, they had the table partially blocking the kitchen door, then you had to further navigate all the way to the other side of the room to get around the couch, then dodge a chair, then shimmy sideways past the coffee table for the length of the couch, then stumble over the dog, etc...you get the idea. By the time she gets to us with butcher knife in hand, she's exhausted and we're kind of giggling. This was before tasers, so it was PR-24 baton to the wrist and the fight was over. But you don't get that lucky most of the time.
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Cincinnati police release video showing officers engaging gunman who killed 3 at downtown bank

Omar Perez, 29, was killed after four Cincinnati police officers fired 11 rounds at him.
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Nikki's comment, September 19, 11:47 PM
These types of incidents are becoming all too common. I hate to admit it, but when I was living abroad I barely batted an eye at the stories of gunmen attacking defenseless people. I hate to think that I have become desensitized to this type of violence, but its seems as though every tragedy these days follows the same pattern (e.g. we mourn, we blame, and we forget until the next incident). Its crazy to think that you have to look over your shoulder 24/7, but that is the world we are living in. You can be attacked at a movie theater, a church, a bank, within your own home, etc., so there is no real safe space. The officers in this situation acted swiftly and did a wonderful job subduing the gunman. The reference to the gunman's lawsuits and paranoia about being surveilled is something we see more often these days. Mental health is a serious issue in this country, but I only really see it discussed in relation to mass shootings.
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Why a black police group issued a stirring defense of Colin Kaepernick

Why a black police group issued a stirring defense of Colin Kaepernick | Police Problems and Policy | Scoop.it
Sonia Y.W. Pruitt, the national chairperson of the National Black Police Association and a police lieutenant in Maryland, was watching the drama unfold this week and said she was upset by the reactions of the other police organizations. She disagreed with their messages and thought that they didn’t fully reflect the full breadth of political views held by police officers around the country.

So on Wednesday she wrote a letter on behalf of her organization that served as a stirring defense of Kaepernick and sharp rebuke to the harsh words issued by the other police organizations.

“On the contrary,” Pruitt wrote, “NBPA believes that Mr. Kaepernick’s stance is in direct alignment with what law enforcement stands for — the protection of a people, their human rights, their dignity, their safety and their rights as American citizens.”

“That NAPO has chosen this matter to take a stance, only perpetuates the narrative that police are racist, with no regard, acknowledgment, respect, or understanding of the issues and concerns of the African American community,” she wrote.

In an interview with The Washington Post, Pruitt said her organization was motivated to respond to add an alternative police perspective into the debate.

“As black officers, we often find ourselves riding the wave with other officers, but no one has asked us what our opinion is,” Pruitt said. “On many of these social issues we disagree, but nobody knows that, because the assumption is that if you’re a police officer that you all think the same way.”
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Julia Fisher-Salmon's comment, September 11, 3:05 AM
I fully agree with Sonia Pruitt. There needs to be a change in how police treat people of color. I understand that socioeconomic conditions and the lack of opportunities that are present in primarily black and Hispanic communities increase the odds of criminality. I understand that there are dangerous communities ridden with gangs, drug cartels, and dangerous people. However, that does not give police the right to put that suspicion on every person of color. Young black men should not be targeted for what they’re wearing, point blank period. Police are trained to deal with dangerous people, it is there job and I understand that everyone has their own biases and reflexes to dangerous situations. Police officers should not be intimidated by the mere presence of black men. Kaepernick took a knee during the national anthem for all of the lives lost at the hands of those who protect and serve. For every case of a black person losing their life and the officer gets paid leave as punishment. Kaepernick’s intention was not to disrespect the military or the American flag, which is obvious. Why would he protest a flag? He’s protesting the injustices that has been brought to surface recently, and ALL of those before the Black Lives Matter movement.
Madi Janes's curator insight, September 17, 2:16 AM
I think the most interesting part of the scandal/debate around Kaepernick civil rights fight is not how divided people are but how so many try to speak generally for a population that can not be generalized. I have seen many who have serve say its a disgrace to kneel while others say they find kneeling respectful way to protest. 
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Police searching for mannequin in river during drill find actual body

Police searching for mannequin in river during drill find actual body | Police Problems and Policy | Scoop.it
WARWICK, R.I. — A police dive team searching for a mannequin hidden in the Pawtuxet River as part of a body-recovery drill on Wednesday instead found an actual human body, authorities said.The team found a man's body under the bridge in Pawtuxet Village, said Warwick's police chief, Col. Stephen M. McCartney.Investigators were not treating the case as a suspicious death, McCartney confirmed later on Wednesday.Investigators tentatively identified the man, a 55-year-old Warwick resident.
Rob Duke's insight:

Sounds about right....the great "god" Murphy has a sick sense of humor (as in Murphy's Law).

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Anthony Jaster's comment, September 21, 11:22 PM
At least now they can give a family some peace.
Morgan Erickson's comment, September 22, 12:27 AM
This is a very unusual turn of events. I can't imagine the surprise to the diver who thought it was going to be their training mannequin.
Nathan L Smoot's comment, September 22, 11:48 PM
Wow! I agree that it must have been quite the shock to pull up a real body that had been there for a while. Also, I am sure that the it was nice for family to have some closure.
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2 Deputies Wounded, Suspect Killed in Shootout at East L.A. Park: Sheriff’s Officials

2 Deputies Wounded, Suspect Killed in Shootout at East L.A. Park: Sheriff’s Officials | Police Problems and Policy | Scoop.it
Two Los Angeles County sheriff's deputies were struck by gunfire and a suspect was dead following a shooting incident in an East L.A. park Wednesday evening, officials said.

Both deputies were in serious but stable condition at the hospital following a shootout involving at least three suspects at Ruben F. Salazar Park, on the 3800 block of Whittier Boulevard, according to Sheriff Jim McDonnell.
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UC-Berkeley Banned Cops From Using Public Restrooms To Protect Student Feelings

UC-Berkeley Banned Cops From Using Public Restrooms To Protect Student Feelings | Police Problems and Policy | Scoop.it
Berkeley, CA – Police officers who worked the protests against conservative speakers at University of California – Berkeley in 2017 were asked not to use the public restrooms on campus.

Young America’s Foundation (YAF) obtained a copy of a letter via a public information request that revealed University of California Police Department (UCPD) officers were told they couldn’t use the restroom nearest to where they were staging because “it was upsetting some students.”

The letter was written to the university’s chancellor, Carol Christ, by an unnamed UCPD security patrol officer.
Rob Duke's insight:

Last week the Berkeley cops were somehow in league with the conservative protesters, but this week we see what kind of politically correct hell they really live in.....

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Nathan L Smoot's comment, September 19, 8:57 PM
It is so sad to see how these police are being treated by those that the are there to serve! Not able to use a public bathroom because it was “upsetting students”? How did it get to the point were a public servant can’t use a public restroom. I guess I’m just shocked and baffled.
Morgan Erickson's comment, September 22, 12:38 AM
This one grinds my gears. I can not believe that they requested for them to not use the same bathrooms as students. I can sorta understand them using a back stairwell but this is still a stretch. Seems almost like segregation to me...
Rob Duke's comment, September 22, 1:30 PM
The reality is that the cops weren't using those bathrooms. Too much gear to take off and then leave unsecured. You hope and pray that you don't have a "code-brown" in those situations. In all likelihood they have a command post nearby that the cops use for facilities. Having said that: geez! Yes, it would be annoying to work in a politically correct town.
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Starved for recruits, Alaska police pin blame on retirement system

Starved for recruits, Alaska police pin blame on retirement system | Police Problems and Policy | Scoop.it
They’re battling an opioid epidemic, rising crime, slashed budgets and thinned ranks.
Rob Duke's insight:

Low unemployment; low public opinion of officers (at the moment); salaries that haven't kept pace as the rest of the economy rebounds....just a few more reasons why....

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Nikki's comment, September 20, 2:09 AM
Thank you for the response Professor Duke. I didn't even take into consideration the career shifts and opportunities for progression that are available to LEOs, so thank you for providing that example. Some of the leaders who may be concerned about the thinning ranks may not be taking into account the fact that a good portion of officers don't want to be on patrol for the majority of their careers. Everyone has to work their way up in the organization, so it should be expected that some will stick around just long enough to gain experience before moving on to higher paying positions in different organizations, transferring within the agency, and/or requesting specialty assignments. My friend's mother was recently promoted to Lieutenant in the LAPD and she has worked for the organization for more than 27 years (with 18 years as a sergeant). During her career, the newly minted Lieutenant has worked as an agency funeral coordinator, probationary sergeant, probationary detective, supervisor in the Emergency Operations Division, and she has taken part in numerous task forces and special assignment as well. When I first heard about her professional experiences I was surprised that there were so many different avenues available to police officers, because I always thought of the career field in terms of beat cops and homicide detectives (as seen on TV). I now know that I had an extremely limited view of what professional opportunities are available to law enforcement officers. In the Army we have the ability to change career fields as well, but we are limited by our time in service (TIS), rank, special considerations relevant to the job (physical ability, age, test scores), and most importantly the needs of the Army.
Anthony Jaster's comment, September 21, 11:26 PM
staying competitive with pay and befits is a major way to get new cadets
Sydney Castorina's comment, September 22, 8:22 PM
- “I am not interested in attracting a cop, teacher or cat skinner who decides whether to come to Alaska based on the type of retirement plan in our public sector,” Rep. Mike Kelly, R-Fairbanks, wrote in a 2005 opinion piece published by the Fairbanks Daily News-Miner.” This is a ridiculous statement - you cannot expect someone to just do a dangerous job and not get anything from it. Yes the men and woman that go into these jobs do it full heartedly, but no-one is going to give 20-30 years of their life - or their actual living life, to a job and state that does not appreciate them. Money speaks and taking away the comforts to those who have well then earned it for them and their families is not an attitude to have when you count on them for the safety in your community.
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Ninth Circuit Reinstates Action by Man Taken From House, Handcuffed, Forced to Ground

The Ninth U.S. Circuit Court of Appeals has reversed a summary judgment in favor of four Fresno sheriff’s deputies who, responding to a woman’s claim to a dispatcher that her husband was drunk and breaking things, made a warrantlless entry into the couple’s house when the man would not come outside, brought him out, handcuffed him, forced him to the ground, and later arrested him.

 Reversal of the judgment by Magistrate Judge Sheila K. Oberto of the Eastern District of California came in a memorandum opinion filed Thursday.

The plaintiff, Dennis Maric, sued Fresno County sheriff’s deputies Jon Alvarado, Todd Burk, John Robinson, and Fernando Maldonado. After Oberto granted summary judgment to the defendants on most of Maric’s claims, the plaintiff’s excessive force and assault and battery claims went to jury trial, which Maric lost.

He appealed the summary judgment as to unlawful entry unlawful arrest, in violation of the Fourth Amendment, as well as unlawful entry and false imprisonment, under California law.
Rob Duke's insight:

This will test the validity of Ramey v. California (1976).  In Ramey, the court defined exigent circumstances in which officers could enter a home to make an arrest without a warrant:

1. Hot pursuit

2. imminent threat to a life or physical danger;

3. destruction of evidence;

4. significant destruction of property (someone threatening to burn down the building); or

5. of course, consent.

https://law.justia.com/cases/california/supreme-court/3d/16/263.html

http://le.alcoda.org/publications/point_of_view/files/RAMEY.pdf

 

It seems in this case that the deputies had:

#5 and also maybe #4, so it will be interesting to see what the court rules.

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Demonstrators demand white police officer be 'locked up' for killing Botham Jean

Demonstrators demand white police officer be 'locked up' for killing Botham Jean | Police Problems and Policy | Scoop.it
Demonstrators on Friday night demanded that a white police officer, Amber Guyger, who shot and killed a 26-year-old St Lucian national in his apartment last week, be “locked up” and fired from the Dallas Police Department.
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Boan White's comment, September 19, 2:19 AM
Ok I'm confused if officer Amber Guyger is already being charged with manslaughter why are there the protestors marched through downtown Dallas chanting “lock her up,”. Should protests not be saved for if officer Amber Guyger might not be sent to prison.
Ashley von Borstel's comment, September 20, 10:58 PM
@Boan, she is being charged, but they are protesting because they believe the police are smearing Botham Jean's name to make it seem as if it was justifiable that she killed him (If that makes sense). The police released that he had marijuana in his apartment, which honestly doesn't make a difference in determining whether the officer is guilty or not. The only purpose is to shame his name, and I understand why they are protesting. They feel like she might get away with it.
Kari Michael's comment, September 21, 12:31 AM
I agree with Ashley. They are trying to slander Botham Jean with the marijuana statements, which in no way lead to his killing. I think that the demonstrators are trying to get one step ahead of the media, police, and courts because they know that she will have to be mentally evaluated and may have a chance to not be fully charged for the crime.
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Is Red-Light Camera Decline Causing More Driving Deaths? Yes and No | News

Is Red-Light Camera Decline Causing More Driving Deaths? Yes and No | News | Police Problems and Policy | Scoop.it
July 25, 2018 - While other factors are at play, as more cities have shuttered their red-light
camera programs, red-light-running crash deaths have been on the rise.
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Boan White's comment, September 19, 2:39 AM
The fact that people are doing such things is not only stupid can considered by some to willfully committing a crime. Afterall a decline in Red-Light Camera would Causing More Driving Deaths. Part of this is because people have a tendency to do things if think they can get away with it.
Rob Duke's comment, September 20, 12:21 AM
I think much of the increase in injuries comes from that situation where you decide to "go for it", but the guy ahead of you "chickens out". This has increased the rear-enders and, in some cases where that lead car is then pushed out into cross traffic.
Sydney Castorina's comment, September 22, 8:27 PM
- Without knowing exactly how these red light camera devices work I know that a general rule of thumb for police officers I have spoken with in Anchorage, if your vehicle is in the intersection when a light changes to yellow then the color changing to red in most cases should not result in a ticket. Stop lights are tricky in general. I have huge anxiety in the winter time stopping at lights; and if the light turns yellow when I am extremely close to the intersection, there are times I keep going. I have been that person multiple times that was able to stop and then bam, the person behind you couldn’t and you’re in an accident anyway. The pedestrian countdowns are another issue that I feel are unsafe for drivers. People watch them and anticipate that light change and it can make them skittish and stop too soon, or gun it- both of which can cause accidents.
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Police: Capital murder charges likely in Texas cop's death

HOUSTON — Two men arrested in the fatal shooting of a North Texas undercover police officer during a bar robbery are expected to face capital murder charges, police said Saturday.

Samuel Mayfield and Timothy Huff remained jailed Saturday on bonds totaling $850,000 for each individual. Each suspect has been charged with 10 counts of aggravated robbery and two counts of criminal attempted capital murder.

Police said that Mayfield and Huff, both 33, and another suspect, Dacion Steptoe, 23, were confronted by Officer Garrett Hull and a team of undercover and uniformed officers after the trio robbed a Fort Worth Bar early Friday morning.


The 40-year-old officer was shot by Steptoe during a foot chase. Hull was taken to a hospital where he died late Friday night. Steptoe was killed at the scene by another officer who returned fire.
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Madi Janes's curator insight, September 17, 2:07 AM
I wish I could stay unbiased in these situations but coming from a blue family its always hard to not see things in a personal light. I still find the death penalty in need of a update not only on procedure but on what is deserving of it. In this case I can't argue against it and I give my thoughts to the officers family. The family thanks you and your service will not be forgotten. 
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Officer fired due to social media posts related to Sterling Brown arrest

Officer fired due to social media posts related to Sterling Brown arrest | Police Problems and Policy | Scoop.it
One of the police officers involved in the January arrest of Milwaukee Bucks guard Sterling Brown has been fired as a result of Facebook posts he made concerning the incident. The officer was identified as Erik Andrade by Milwaukee police chief Alfonso Morales during a speech at Marquette University on Thursday, according to the Milwaukee Journal Sentinel's Ashley Luthern and Mary Spicuzza. Morales revealed Andrade was terminated fo
Rob Duke's insight:

There must be more to it....I don't see how making posts in poor taste make the officer useless to testify.  If he lied about the posts, then that's another story, but I don't see that here....

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Tatum Upchurch's comment, September 16, 10:39 PM
I can understand this actually. For instance on my volleyball team if a teammate poste something that is out of line or raunchy she is just not representing herself but she is representing our team and school. when this officer posted things that brought controversy and negativity he is not just representing his name but the whole police department and if it wasn't benefiting them they have the ability to take action.
Sierra Grimes's comment, September 17, 1:27 AM
I completely understand the actions of firing the officer as he violated a social media policy and generally showed distasteful public action, but I'm also confused as to why he is now considered useless for testimony. Unless they believe that because of his comments he can no longer be held as credible, maybe that's why.
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Developing Smarter, Safer, More Successful Law Enforcement Officers

Developing Smarter, Safer, More Successful Law Enforcement Officers | Police Problems and Policy | Scoop.it
KTLA.com reports:  Videos showing the moment a man begins firing at two Los Angeles Police Department officers in North Hills — before he’s shot multiple times by one of them — were released by LAPD on Monday after the shooting left him dead and another officer injured. The man seen shooting at officers, 32-year-old Richard Mendoza, …
Rob Duke's insight:

Even when they appear to be cooperating, they may not be...this looks like a textbook stop right up until the split second when the guy decides to attack.

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Matt Mertes's comment, September 15, 9:25 PM
I feel this is one of the biggest reasons that we see younger officers being nervous. When you're out there anything could happen. That thought could be making them jittery and sometimes react poorly. I think the two officers here responded to this threat reasonably, but these instances prove the dangers faced by police are very real.
Madi Janes's curator insight, September 17, 2:12 AM
I think this is one of those moments that people say you will never understand or truly know how you would react until it happens. Crazy how in that quick second he went from being cooperative to firing his gun. This is what they mean when they say you don't have time to second guess. 
Sydney Castorina's comment, September 22, 8:28 PM
- It takes seconds for a situation to turn deadly. Every stop, every encounter officers have to be on their toes and always alert. I am curious as sadly justified the killing is, why exactly this man was stopped. Just because an officer recognizes someone doesn’t give them the right to just pull someone over without probable cause.
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Trial date set in killing of Fairbanks police sergeant | Local News | newsminer.com

Trial date set in killing of Fairbanks police sergeant | Local News | newsminer.com | Police Problems and Policy | Scoop.it
The Fairbanks man accused of gunning down a Fairbanks police sergeant on a downtown street in 2016 will go to trial March 18.

Sgt. Allen Brandt was shot four times in his legs and hip and once in the chest while responding to a report of shots fired on Oct. 16, 2016. Brandt initially survived the shooting but died several days later from complications of surgery to remove shrapnel that had lodged in his left eye. 

Brandt’s dashcam captured footage of Anthony Jenkins-Alexie, 30, as he approached Brandt’s patrol vehicle and started firing a pistol at him. 

Anthony Jenkins-Alexie, 30, is charged with two counts of first-degree murder, two counts of second-degree murder, first-degree assault, first-degree vehicle theft, second-degree theft of a firearm, second- and third-degree weapons misconduct and two counts of tampering with physical evidence.
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Julia Fisher-Salmon's comment, September 11, 2:51 AM
The killing of this police officer is horrible. I can’t imagine working a job to serve and protect just to be murdered, I pray his family is okay and that this trial will rule in favor of Sgt. Allen Brandt.
Catherine Sample's comment, September 16, 4:18 PM
While it is encouraging to see that Brandt's family is closer to seeing justice, it must be extremely hard for them to have waited so long for it. I understand that there is Due Process and many contributing factors, it should not take two and a half years for the family and community to see justice for a life that was taken from them. Tragedies such as this are a reminder to us that police problems are not just something that happen in large cities with high crime rates, they happen here at home too.
Tatum Upchurch's comment, September 16, 10:33 PM
I have heard a lot of good things by family and friends of this officer and I am happy to see that the guy who did this is finally going to trial and getting the punishment he deserves and hopefully this family will have a little bit of closure.
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Cop mistakes apartment for her own, kills her neighbor –

Cop mistakes apartment for her own, kills her neighbor – | Police Problems and Policy | Scoop.it
Police issued a news release Friday saying the shooting happened around 10 p.m. Thursday. The officer, who has not been identified, had arrived at her apartment complex in uniform after working a shift.

Authorities say the officer called dispatch to report the shooting. She told responding officers that she believed the victim’s apartment was her own when she entered it.
Rob Duke's insight:

How does this happen?

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Tatum Upchurch's comment, September 16, 10:27 PM
I think that this was very wrong of the officer, yes she thought that it was her apartment but people just dont go guns blazing when the hear an intruder, they usually call the cops while it is happening. being a police officer they have been in a lot of situations and I think yes its human nature to pull out a gun for protection but not shoot blindly at somone. I do think that she should be charged for this.
Anna Givens's comment, September 18, 1:48 PM
I am not sure we can come to this officers defense. Was she tired after her shift? Possibly. I also can understand being on the wrong floor, especially because I have read reports that she is a newer tenant there. But, I have seen individuals posting on social media who live in those apartments and showed on video that those doors don't stay ajar like the officer previously stated. They are heavy doors that slam shut on their own and don't just stay open. Witnesses say they heard a lot of police talk such as 'Open up, Open up' which leads me to believe the door was in fact locked and she was forcing her way into his home. I wonder if she was given a sobriety test following the incident. If the door was locked and your keypad code wasn't working I think most individuals would look at which door they are trying to get into while dealing with being locked out--also, while screaming open up, open up--again, look at the door--it must of had a number on it to indicate the apartment number. Doesn't sound very police officer to me, to lack this much common sense. While I would hope a police officer wouldn't intentionally cause harm on someone, this story sounds very conspicuous. I also wonder did they ever have run ins prior to this? Why didn't she administer first aid after shooting him? I am also upset that the media is trying to smear him as a druggie because he had marijuana. He is the victim here, she isn't.
Rob Duke's comment, September 18, 2:53 PM
There are certainly a lot of questions. I remember an attorney telling us during a liability training to not stop saying "stop resisting", even after you'd already had to use force. His reasoning was because witnesses memories were so blurred that you had to keep saying "stop resisting" so that someone would remember. Our comment was "won't they remember that we were saying it afterwards" and he replied "nope, during these incidents memories get jumbled, so we just need someone to remember that you were telling the person to comply; and we need you to remember how important it is to a jury, so you just keep saying it over and over." Having been in a few "life or deaths", I can attest to the fact that memories are jumbled, so I'm not yet willing to say she lied when she might have been trying to get help after the shooting, then it'd be reasonable to demand "open up, open up". I'm not saying that's what happened, but the complete investigation will hopefully clear up these questions when it is finally released.