As seen in...
Frontline
The Economist
The Atlantic
ABC News
Washington Post
National Police Misconduct Reporting Project

Police Unions Lobby for Special Legal Protections

From the New York Times:

As Justice Department officials began meeting with community leaders in Baltimore this week in the early stages of their civil rights inquiry into the death of Freddie Gray, they heard repeated complaints about a state law that gives special legal protections to police officers suspected of abusing their power.

The law is similar to at least a dozen across the country, commonly known as police officers’ bills of rights. But Maryland’s, enacted in the early 1970s, was the first and goes the furthest in offering layers of legal protection to police officers. Among its provisions is one that gives officers 10 days before they have to talk to investigators….

The United States Supreme Court in 1967 determined that because police officers had in some instances been deprived of their constitutional right against self-incrimination, officers could not be compelled to give evidence against themselves, including as part of administrative investigations.

Since then, the extra layer of legal protection for officers has expanded, in large part because of the power of police unions, which have had similar rules inserted in union contracts and have frequently paid for television advertisements that label politicians who disagree with them as antipolice. In Maryland, law enforcement unions have donated tens of thousands of dollars to state and local elected officials, including to Ms. Rawlings-Blake.

Fraternal Order of Police Opposes Bad Cops

James Pasco, executive director of the National FOP, as quoted in today’s Wall Street Journal:

The fact of the matter is no self-respecting member of the law enforcement community holds any brief for a bad cop.

Of course.  It would be news if Mr. Pasco would have said the opposite.  Yet, too often police unions lobby against measures that would bring greater accountability to the bad cops.

 

Problems in Oakland Police Department

From Bay City News:

Oakland police officers who are fired for misconduct are reinstated at arbitration hearings 75 percent of the time because department officials and the city attorney’s office do a poor job of handling the cases, a report says.

San Francisco attorney Ed Swanson compiled the report at the request of U.S. District Court Judge Thelton Henderson, who is supervising the Oakland Police Department’s slow progress in complying with a police misconduct lawsuit settlement in 2003 that requires the department to implement 51 reforms in a variety of areas….

Swanson criticized the Oakland City Attorney’s Office for what he said is its “neglect and indifference and handling of police disciplinary cases and arbitration” because it doesn’t prepare well for them. He also said the relationship between the Police Department and the City Attorney’s Office has been “dysfunctional.”

Is President Obama Pushing Anti-Police Hatred?

Former New York City Mayor Rudy Giuliani says that President Obama is fomenting anti-police hatred.  Giuliani was not specific about what Obama said or did to support such a claim.

Matthew Yglesias:

The cold-blooded murders of NYPD officers Wenjian Liu and Rafael Ramos have sparked a lot of hot takes, but perhaps none so bold and drastically wrong than the one offered by former New York Mayor Rudy Giuliani, who cast the blame squarely on “four months of propaganda, starting with the president, that everybody should hate the police.” He said black leaders, in particular, have contributed to “an atmosphere of severe, strong anti-police hatred in certain communities.”

Giuliani went out of his way to be clear that he’s not blaming a handful of bad apples. He thinks the culprits are everyone protesting police misconduct everywhere….

Needless to say, neither the president nor any major protest leader has claimed the police are all racist or said anything remotely resembling “everyone should hate the police.”

Police union officials have gone even further than Giuliani.  They claim the Mayor of New York City is partly to blame for the murders.

More here.

Is There a Connection Between Police Unions and Abusive Cops?

Conor Friedersdorf:

There are, of course, police officers who are fired for egregious misbehavior by commanding officers who decide that a given abuse makes them unfit for a badge and gun. Yet all over the U.S., police unions help many of those cops to get their jobs back, often via secretive appeals geared to protect labor rights rather than public safety. Cops deemed unqualified by their own bosses are put back on the streets. Their colleagues get the message that police all but impervious to termination.

That isn’t to say that every officer who is fired deserves it, or that every reinstated cop represents a miscarriage of justice. In theory, due process before a neutral arbiter could even protect blue whistleblowers from wrongful termination. But in practice, too many cops who needlessly kill people, use excessive force, or otherwise abuse their authority are getting reprieves from termination….

Society entrusts police officers with awesome power. The stakes could not be higher when they abuse it: Innocents are killed, wrongly imprisoned, beaten, harassed—and as knowledge of such abuses spreads, respect for the rule of law wanes. If police officers were at-will employees (as I’ve been at every job I’ve ever held), none of the cops mentioned above would now be walking the streets with badges and loaded guns. Perhaps one or two of them deserved to be exonerated, despite how bad their cases look. Does the benefit of being scrupulously fair to those individuals justify the cost of having more abusive cops on the street?

Read the whole thing.

Problems with the Border Patrol

From the Washington Post:

FEW FEDERAL government agencies have grown as quickly as U.S. Customs and Border Protection, which includes the 21,000 agents, double the number in 2004, who patrol the nation’s frontiers with Mexico and Canada. That growth has been accompanied by an alarming number of incidents involving the use of lethal force, particularly along the Mexican border and all too frequently under circumstances that suggest the agency is indifferent or hostile to the most basic standards of restraint, transparency and self-policing.

Reports by news organizations and independent experts — including one report that was suppressed by Customs and Border Protection for more than a year — have finally prompted the agency to address its problems with accountability. The agency’s new commissioner, R. Gil Kerlikowske …has promised that the agency will be more forthcoming about future incidents involving the use of deadly force, which would be a constructive change from its deeply ingrained habit of stonewalling. To that end he is establishing a rapid-reaction force of investigators whose mission will be to gather evidence following incidents and allegations of abuse.

Vice President Biden and the Police

According to news reports, three White House officials will be attending the funeral for Michael Brown today.  Vice President Joe Biden will not be attending and that is no surprise.   Why?  Because the Brown family has been demanding a vigorous, impartial investigation into the shooting and Biden is fond of saying that he “has the back” of the police force.  Biden’s presence would be awkward, to say the least.

Here is a clip where Biden is urging a police audience to get behind President Obama’s nominee to the Supreme Court, Sonia Sotomayor.

Biden has kept a low profile since the unrest began in Ferguson–and no wonder.   The last thing protesters there want to hear is that the White House “has the back” of the police.   Indeed, that’s why there is so much concern about the local county prosecutor who is handling the investigation and why there have been calls for Governor Nixon to appoint a special prosecutor.  A special prosecutor would be more likely to follow the evidence impartially.

Beyond the Brown shooting, we have seen other abuses by the police there.  The false arrest of reporters, the tear gas rounds fired into the yards of homes, and the reckless weapon handling by officers against protestors.   One wonders if Biden has been on the phone to Obama … saying the administration’s approach thus far has been all wrong… It should “have the back” of the police–not the reporters, the residents, the protesters.

Beyond Ferguson, African-Americans (and others) have been protesting in other cities.  On Saturday, thousands of New Yorkers turned out to protest the killing of Eric Garner by New York City police.   Other cities have other incidents to relate.

Make no mistake, Biden has been part of the problem.  The long simmering tensions in communities around the country did not spring out of nowhere.  Misguided policies and unaccountable bureaucracies bear much of the blame.  And so do powerful politicians like Biden, who have been deaf to the cries of police abuse and harassment.

 

Cop Overturns Man in Wheelchair

From Wane.com:

[Police Chief Patrick] Flannelly said after an internal review of the incident, he and six other members of the command staff unanimously felt Davidson used both conduct unbecoming an officer and an excessive use of force and should be fired….Flannelly said he still has full confidence in Davidson’s abilities.

Hmm.

More from Wane.com:

Flannelly said an electronic malfunction delayed the review of the case by about three months, but did not affect the outcome.

Electronic malfunction?  Hmm.

Cleveland Officers to be Prosecuted for Barrage of Gunfire

From Cleveland.com:

CLEVELAND, Ohio — A Cuyahoga County grand jury Friday indicted six Cleveland police officers for their roles in a 2012 police chase and shooting that left two people dead and carved deep schisms into the community. The grand jury charged Patrolman Michael Brelo with two counts of voluntary manslaughter, a first-degree felony. The panel also accused five supervisors of dereliction of duty…

On Friday, McGinty said that after officers fired more than 100 shots at the car, Brelo started shooting again and fired at least 15 shots, including fatal ones, downward through the windshield into the victims at close range as he stood on the hood of Russell’s car.

“This was now a stop-and-shoot, no longer a chase-and-shoot,” McGinty said. “The law does not allow for a stop-and-shoot.” …

“Let’s be clear what happened here,” McGinty said about the case. “(Russell) was fully stopped. Escape was no longer even a remote possibility. The flight was over. The public was no longer in danger because the car was surrounded by police cars and 23 police officers in a schoolyard safely removed from pedestrians and traffic.

Deputy Crashes into Woman’s Car, Then Falsely Charges Her With DUI

 

From UPI:

A Wisconsin woman is still fighting to make things right after a sheriff’s deputy allegedly hit her with his car and then arrested her for drunk driving more than a year ago.

Tanya Weyker’s Camry was allegedly struck by Milwaukee County Deputy Sheriff Joseph Quiles’ patrol car last February and she suffered a broken neck in the collision….

Blood tests later revealed that Weyker had no alcohol or drugs in her system at the time of the crash and the district attorney declined to file charges.