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201
Martial Arts Topics / Re: Citizen-Police interactions
« on: August 10, 2014, 05:48:51 AM »
Not much of a police chief either it would appear , , ,

Hard to say, given the utter lack of any sort of detail.

204
Using a Folger Adams for training key is clever. For those who don't know, those are the giant keys used on some locks inside correctional/detentions facilities. I don't recall seeing any with significantly sharp edges, so that's useful for on duty training in those environments.

205
Martial Arts Topics / Re: Dealing with Evil
« on: July 28, 2014, 03:14:56 PM »
The term civilian in the law enforcement context means someone who isn't in possession of the powers granted to sworn officers.

A also, do not confuse liability case law with what is taught to officers as an operational model for responding to active shooters.

207
Martial Arts Topics / Re: Law Enforcement issues and LE in action
« on: July 17, 2014, 05:41:53 PM »
Someday that might just be the case, especially if we ditch the looters and moochers weighting us down.

208
Martial Arts Topics / Re: Law Enforcement issues and LE in action
« on: July 17, 2014, 05:35:40 PM »
In rural America, police response times can be very long, often more than an hour, especially for a response in force. People do and have always been their own first responders out here.

209
Martial Arts Topics / Re: Law Enforcement issues and LE in action
« on: July 17, 2014, 05:27:09 PM »
Sure, law enforcement in the US is a lot safer than other places. Yes, there are a lot of empty uniforms that can slide by because of that, but there are plenty of warriors in the ranks. Lots of young guys on the job who spent their late teens/early 20's getting sand in their boots in much less safe environments.

210
Martial Arts Topics / Re: Law Enforcement issues and LE in action
« on: July 17, 2014, 05:21:36 PM »
The cartels don't do that here because they can't get away with it here. Even in Phoenix, they prey only on criminals. There is a reason for that.

If they get brave enough to try, they will get a reminder about the American talent for organized violence.

211
Martial Arts Topics / Re: Law Enforcement issues and LE in action
« on: July 17, 2014, 05:07:03 PM »
In my neck of the woods, a good portion of the population is quite well armed and grew up shooting and is quite supportive of the sheriff who has a very competent SWAT team and an MRAP.  The left coast invaders snivel about the MRAP and the guns that the local population owns.

I'd put both the country boys in law enforcement and the general population around here against sicarios anytime.  The Japanese were said to be concerned about "a rifle behind every blade of grass" on the US mainland during WWII. That description still applies here.

212
Martial Arts Topics / Re: Law Enforcement issues and LE in action
« on: July 17, 2014, 04:01:17 PM »
In the other thread, you mentioned masses of armed and trained bad guys. Some dissonance with this position?

213
Martial Arts Topics / Re: Dealing with Evil
« on: July 17, 2014, 12:45:04 PM »
The cartels are much more careful and quiet operating in el norte. Why?

215
Martial Arts Topics / Re: Dealing with Evil
« on: July 17, 2014, 12:04:07 PM »
It was last tried in large numbers in the 60s/70s. It was the start of SWAT.

216
Martial Arts Topics / Re: Law Enforcement issues and LE in action
« on: July 13, 2014, 06:25:31 PM »
What is your definition of a "military" tool?

217
Martial Arts Topics / Re: Law Enforcement issues and LE in action
« on: July 13, 2014, 11:53:27 AM »
I'm not getting what you find objectionable here.

218
Martial Arts Topics / Re: This seems a tad over the top
« on: July 12, 2014, 09:30:17 PM »
GM:

Interested in your take on this:

http://www.theblaze.com/stories/2014/07/12/the-sickening-reason-why-all-those-federal-agents-suddenly-swarmed-a-small-illinois-town/

They may have had intel this subject might fight, have access to weaponry. This sort of charge has serious consequences and sometimes these subjects decide they have nothing to lose. Officers have been killed serving search warrants on these cases.

223
Martial Arts Topics / Re: Mass murder plot prevented
« on: May 02, 2014, 11:43:28 AM »
Dealing with Evil is the name of this thread. Here we see a good first step.  Arrest it!

http://www.theblaze.com/stories/2014/05/02/a-story-we-wished-could-have-been-told-the-day-before-sandy-hook-and-the-night-before-columbine/

Columbine changed how law enforcement looked at potential threats and pushed most agencies into being proactive in addressing the potential for mass casualty homicides. Of course, this resulted in the cries of "militarization" from some.

225
Martial Arts Topics / Re: Botched execution in OK
« on: April 30, 2014, 04:19:30 AM »
Oklahoma Postpones Second Execution After First Is Botched
What was supposed to be the first of two executions in McAlester, Okla., on Tuesday was halted when the prisoner, Clayton D. Lockett, began to twitch and gasp after he had already been declared unconscious and called out “man” and “something’s wrong,” according to witnesses.
The administering doctor intervened and discovered that “the line had blown,” said the director of corrections, Robert Patton, meaning that drugs were no longer flowing into his vein. At 7:06 p.m., Mr. Patton said, Mr. Lockett died of a heart attack.
Mr. Patton said he had requested a stay of 14 days in the second execution scheduled for Tuesday night, of Charles F. Warner.
READ MORE »
http://www.nytimes.com/2014/04/30/us/oklahoma-executions.html?emc=edit_na_20140429



http://www.oklahomalegalgroup.com/news/appeals-court-upholds-death-penalty-for-ponca-city-man

Before anyone gets too teareyed over Lockett, read up on why he got the death penalty.

228
Martial Arts Topics / Sig Sauer BOGO 1911s
« on: March 28, 2014, 10:17:05 PM »
eBort on the Sig Sauer 1911

So, the other day browsing through a local gun shop, the salesman tells me about the Sig Sauer 1911 BOGO promotion. basically, buy one Sig 1911 and get a 1911 in .22 for free.

Well, I tell him I'll think about it. I jump online and find that the store has a better price on the Sig 1911 carry nightmare than budsgunshop.com plus a 1911 in .22LR that generally retails for about 400 bucks for FREE!

So, short time later I'm back at the gun shop and make my purchase in short order. The Sig carry nightmare is both pretty and very well made as a defensive weapon with stock tritium night sights. I bought a Wilson Combat 8 round magazine to go along with the 2 8 round stainless steel mags supplied by Sig. The Wilson would ride in the gun if I was to carry it concealed, as the Sig mags have a extended floorplate/base pad that somewhat detracts from it's inherent concealability.

Let me say that I'm a hardcore Glock guy that has carried Glocks for most all of my adult life, both on and off duty. I haven't owned a 1911 for decades and regularly talk smack to the 1911 cultists at my job, but a good deal is a good deal and a lot of my handgun training was based on the 1911 weapon system, so despite my love for the Austrian combat Tupperware,  running the 1911 properly isn't difficult for me.

In the last few days, I've put about 150 rounds through the .45 and about 120 precious .22lr rounds through the 1911-22. Only one malfunction with the .45 with the slide dragging after locking back on an empty magazine and me performing an emergency reload. I had to push the slide into battery. I note this was around 100 plus rounds without cleaning. No other malfunctions have been encountered thus far in the .45 1911.

I have seen about 3 varied malfunctions in the 1911-22 so far.

Will I carry the 1911 on duty now? No. Although my agency would allow it, I still think the practical and effective Glock is a better choice for duty and self defense, I wouldn't be upset if I was forced to carry this 1911 on or off duty with what I've seen thus far.

I do plan to take this 1911 through a handgun class at some point, as I think I'd do quite well with it.

I can recommend these weapons without hesitation, given what I've seen thus far from them. Especially if you can get the BOGO deal.



230
Martial Arts Topics / Re: Citizen-Police interactions
« on: March 20, 2014, 06:10:09 AM »
Hard to picture a set of facts justifying this , , ,

http://thelibertarianrepublic.com/ww2-hero-refuses-medical-care-so-cops-kill-him-in-his-nursing-home/#axzz2wTT5597u

It seems they have at least one police report, so why not post the entire thing rather than snippets along with the editorializing?

231
Martial Arts Topics / Re: Crime and Punishment
« on: March 16, 2014, 02:30:22 PM »
I'd suggest working at the line level as a C.O. in the prisons with the inmates that earn their way into solitary would be more educational than this little publicity stunt. Now, there are mentally ill inmates caught up in the system that need treatment that often doesn't happen, but that's a separate issue.

233
Martial Arts Topics / Israeli Bandage use
« on: March 11, 2014, 03:54:34 PM »
[youtube]http://www.youtube.com/watch?v=S2_EU1T-o-g&safe=active[/youtube]

http://www.youtube.com/watch?v=S2_EU1T-o-g&safe=active

Easy to carry and use to keep the red stuff inside until EMS is on scene.

234
Martial Arts Topics / Re: Citizen-Police interactions
« on: March 07, 2014, 06:44:09 AM »
Law enforcement isn't out looking for innocent people to jam up. Those who actually do the majority of police work are a small number of the officers being paid to work, depending on the agency.

If you are actually trying to catch real bad guys, it's like sales. It's about numbers. If you stop John or Jane Q. Citizen, you can quickly find they are not a problem and cut them loose.

You are looking for the guy who starts out explaining why he doesn't have ID and he borrowed the car from a friend who doesn't have a last name and an unknown address. Or the driver who slurs their words and has a strong odor of an unknown alcoholic beverage on their breath and person.


If you look at statistics, the biggest thing you can do to save lives as a patrol officer is take drunk drivers off the road.

235
Martial Arts Topics / Re: Citizen-Police interactions
« on: March 05, 2014, 04:26:40 PM »
A PBT (Preliminary Breath Tester) isn't the same as a Brethalyzer used for a forensically admisssable analysis. The PBT can be used for part of roadsides but it's reading alone isn't admissable as they are more prone to error where as the one you'd find at the local PD/SO is calibrated and is admissable in court.

There are other smaller details that are debatable. The biggest thing is don't be stupid or confrontational. Follow the orders given. If you politely clarify things, like "Am I free to leave?" to establish your status, that's fine.

236
Martial Arts Topics / Re: Know your rights when the police stop you
« on: March 05, 2014, 03:49:51 PM »
This seems to me like something that should be broadly disseminated for the good of all, LEO and citizen alike.

GM, does this pass muster for you?

http://www.online-paralegal-programs.com/legal-rights/

I didn't see any glaring errors. I'll look it over in more detail and report back.

237
Martial Arts Topics / Re: Pay up or go to jail
« on: March 05, 2014, 03:48:50 PM »


http://www.theguardian.com/money/2014/mar/02/poor-

In many ways, probation for profit seems worse than private prisons.

Then again, the ACLU and HRW are free to create non-profits that could perform those services.

238
Martial Arts Topics / Re: Law Enforcement issues and LE in action
« on: February 26, 2014, 03:52:42 PM »
There is a variation between states what the statutes are called. The key elements tend to be pretty similar.

1. Operated a motor vehicle (In some places, bicycles and horses and riding mowers and tractors all count. Check your state statute)

2. While ability was impaired by alcohol, or illegal drugs, or legal drugs, OTC, whatever combination. (If you drink some Nyquil for your flu and decide to drive across town 30 minutes later and bounce off a curb in front of a marked unit, there could be problems aside from your illness).

3. The amount of alcohol detected in your system may or may not exceed the presumptive range in the statute, that doen't mean you were not in violation of the law. As an example, a 16 yr old girl who weighs 100 pounds and never drank alcohol before might be visibly impaired after half a wine cooler.

4. The time from the arrest to when the subject actually provides the breath or blood sample may be hours. There are sometimes unavoidable delays. Like no one able to assist as you inventory a 1978 Chevy suburban that a homeless guy has been living in for an extended period. You've got to complete the inventory before you can have the vehicle towed. Otherwise you and the dept. are on the hook for him to claim that his cash and valuables were stolen.

5. Probable cause doesn't mean guilty. It means a reasonable belief based on the totality of the circumstances that a crime was, is or is about to be committed. An officer can act in good faith and reasonably arrest someone who is actually innocent. That's why we have courts.

239
Martial Arts Topics / Re: Crime and Punishment
« on: February 25, 2014, 04:04:14 PM »
Is it OK that LAPD SWAT arrested the career gangster that kicked Bryan Stow over and over?

240
Martial Arts Topics / 3 strikes...
« on: February 24, 2014, 04:19:08 PM »
http://www.city-journal.org/2009/eon0807hm.html

Heather Mac Donald

Proactive Policing, Lax Jailing

As William Bratton leaves the LAPD, a horrific murder case highlights the importance of his reforms.

7 August 2009


The recent arrest of a vicious murderer in Los Angeles vindicates—tragically, only after-the-fact—several policing and sentencing policies that anti-law-enforcement advocates have fought for years. One of those policies—broken-windows policing—is among LAPD Chief William Bratton’s greatest legacies to Los Angeles. In the wake of Chief Bratton’s recent resignation, it is all the more important to affirm the value of his policing reforms, which remain contested to this day.

On July 24 at around 3 pm., 17-year-old Lily Burk was walking down a midtown Los Angeles street on an errand for her mother. A 50-year-old homeless parolee with a three-decade-long rap sheet confronted the high school senior as she approached her Volvo. Moments later, Charles Samuel was driving the Volvo away with Burk in the passenger seat. Samuel took Burk to an ATM on Los Angeles’s Skid Row, where she volunteered at a needle-exchange program and where he was enrolled in a drug rehab program as punishment for a parole violation. Burk tried several times to withdraw cash on a credit card without success, according to the Los Angeles Times. Over the next 25 minutes, she would separately call her mother and her father seeking help in getting cash on the credit card, but her father told her that doing so was not possible. At 4.52 pm, Samuel pulled the Volvo into a Skid Row parking lot at Alameda and 5th Street and abandoned it. Burk had already been murdered, her head beaten and throat slashed open with a broken bottle; her body was left in her car.

Samuel then walked nearly a mile through Skid Row, drinking beer from a paper bag in violation of L.A.’s open container law. Two LAPD officers on horseback stopped him for the public-drinking offense and questioned him. He told them that he was on parole and agreed to be searched, according to the police. They found a crack pipe in his pocket and arrested him. The post-arrest search of Samuel turned up a Volvo key and a cell phone. The next morning, a worker from a Skid Row business discovered Burk’s car with her body in it. Samuel’s prints were in the car; his clothes had blood on them.

Samuel’s apprehension shows the enormous power of broken-windows policing, which the American Civil Liberties Union has fought against on L.A.’s Skid Row and throughout the country. Enforcing quality-of-life laws not only restores a sense of order and safety to an area, it also nabs serious offenders. There is a great chain of being, it turns out, in criminal behavior. Hardened criminals are not usually scrupulous about obeying a whole range of laws—whether littering, loitering, or traffic codes. The guy lying across the entrance to someone’s business, drinking whiskey from a bag and tossing his trash on the sidewalk, most likely is not breaking the law for the first or the last time. When officers question people in high-crime areas for misdemeanor offenses, they regularly find warrant absconders and parole violators. In 1996, a New York police officer nabbed a young man jumping a subway turnstile, a crime that a decade earlier had been regarded as simply an inevitable response to poverty and too trivial for the police to worry about. The turnstile-jumper, John Royster, turned out to be wanted for an ongoing campaign of terror against women in New York that included murder, rape, and a nearly lethal beating; had he not been picked up for the subway offense, he undoubtedly would have gone on to assault more women.

In 2003, LAPD Chief William Bratton launched a campaign to reclaim the 50-block area of downtown Los Angeles known as Skid Row from the squalor and violence that had engulfed it for two decades. He announced that he would use broken-windows policing to restore order and to help locate the thousands of violent parole violators and absconders who hid among the area’s filthy, lawless homeless encampments. The ACLU and L.A.’s large retinue of professional cop scourges promptly unleashed what became a rolling series of federal lawsuits to shut down Skid Row policing. Merely questioning the homeless for littering, selling illegal merchandise, and jaywalking, they said, constituted illegal harassment of the poor. UCLA law professor Gary Blasi charged the LAPD with trying to “ethnically cleanse” downtown to make way for gentrification. A hostile federal judiciary lapped up every preposterous charge the advocates leveled against the police, but the LAPD continued enforcing public-order laws on Skid Row, producing some of the largest crime drops in Los Angeles and bringing a modicum of sanity to streets that had resembled bedlam just five years earlier. The beneficiaries of this crime drop included elderly residents of the neighborhood SROs, vagrants seeking to get clean and turn their lives around, and low-income workers in the area’s intrepid small wholesalers and factories, who no longer found themselves victimized by psychotic drug users as a matter of course.

And now Charles Samuel will be taken off the streets and brought to justice, thanks to two Skid Row officers’ willingness to ignore ACLU propaganda and accost a vagrant drinking in public.

But while sound policing was able to get a homicidal criminal off the streets before he could strike again, sound incarceration policy was unfortunately not given the chance to prevent him from murdering Lily Burk in the first place. California’s “three strikes and you’re out” law is the most reviled sentencing policy in the country—reviled, that is, by the anti-incarceration lobby. It allows prosecutors to seek a sentence of 25 years to life against an offender who has already served time for two violent or serious felonies when he is convicted of a third felony. California legislators passed the three-strikes law in 1994 in reaction to rising crime from repeat offenders, who served short sentences before going on to victimize the public again and again. Anti-law-enforcement advocates fancifully charge that the law’s main effect is to send away hapless sad sacks whose only misstep was to succumb to the urge for a pizza when they didn’t have enough change in their pockets to buy a slice. These advocates regularly lobby Sacramento to loosen or repeal the law.

Samuel was a good candidate for a third-strike sentence, thanks to an earlier attack that foreshadowed Burk’s murder. In 1986, he walked up to an elderly man sitting on his porch in San Bernardino (in the so-called Inland Empire east of Los Angeles), grabbed the man’s cane and beat him with it, then forced him inside his home and demanded money. When the old man could only come up with ten dollars, Samuel commandeered the man’s car and drove the owner to an ATM. The terrified senior citizen was unable to withdraw any money, however, whereupon Samuel struck him with his cane again, punched him in the stomach, and threatened to kill him if he called the police, according to the Los Angeles Times. Samuel pled guilty in 1987 to robbery, residential burglary, and car theft and was sentenced to six years. He became eligible for a three-strikes sentence in 1997, following a conviction for another San Bernardino burglary (the 1986 robbery and burglary charges counted as his first two felonies). But his rap sheet failed to note that the 1986 burglary was a residential burglary, as opposed to a non-residential break-in. Only residential burglaries count as “serious” felonies for three-strikes purposes; breaking into a store, office building, or commercial space is regarded as “non-serious” and can be repeated indefinitely without triggering a three-strike step-up in sentencing. (So much for the idea that the three-strikes law is blindly draconian; in fact, it makes careful—perhaps overly careful—distinctions between felonies.)

In the 1990s, the San Bernardino County prosecutor’s office was aggressively using its three-strikes power. It would likely have sought a 25-year sentence for Samuel following his conviction for the 1997 burglary had his rap sheet correctly classified the two felonies from his 1986 assault. Whether a judge would have granted the sentence is less certain, for, contrary to advocate propaganda, judges retain sentencing discretion under the three-strikes law. Samuel could have qualified for a three-strike sentence again in 2006, following conviction for petty theft in Los Angeles. By then, however, the anti-three-strike campaign had begun affecting prosecutorial behavior. Los Angeles District Attorney Steve Cooley only seeks third-strike sentences for “serious” or violent third strikes and would not have deemed Samuel’s theft conviction “serious,” even if he had known about the prior residential burglary.

The Samuel case demonstrates just how artificial the distinctions that underlie the anti-three-strikes advocacy are, however. Someone who has already demonstrated a predilection for crime is not necessarily any less of a threat to public safety just because his latest known infraction falls below some “seriousness” threshold. The lack of impulse control manifested in a convict’s record may be just as dangerous, even if his last opportunistic crime was “mere” theft. That is not to say, of course, that every criminal with a history of violent and property crime is likely to commit murder. But it shows the value of discretionary sentencing tools, like three-strikes laws, that allow prosecutors to acknowledge the cumulative significance of a crime career in assessing a criminal’s risk.

The heart-wrenching Burk case could not have come at a worse time for anti-law-enforcement advocates. California’s budget crisis had given the anti-incarceration, anti-policing lobby new ammunition to push for cutbacks in incarceration budgets and weakened parole policies. As usual, the advocates argue that mere “technical violations” of parole should not be grounds for reincarceration, but the Samuel case reminds us that a technical violation of parole can be a sign of far worse things. Samuel’s drug-treatment facility had given him a four-hour day pass to go to a DMV office on the morning he murdered Burk. It is not known whether the facility had sought and obtained permission from Samuel’s parole agent. Rather than returning to the rehab center after arriving at the DMV office (which was closed), he continued hanging out in midtown Los Angeles. By the time he picked up Burk, he had well exceeded his four-hour time limit and may have been in violation of his parole. “Technical” parole conditions such as keeping appointments, following the clock, and staying away from drugs exist for a reason: to keep tabs on potentially explosive criminals and to foster in them self-control and conformity to positive social norms. A parolee who violates such “technical” conditions may be doing so for highly dangerous reasons.

Other budget-related prison proposals—including Governor Schwarzenegger’s plan to put an end to parole for nonviolent ex-convicts and to release 27,000 prison inmates, or a recent federal court order to release as many as 43,000 inmates—all take on dire new significance in the wake of the Lily Burk murder. To date, policing and incarceration are the only known social programs that can be shown to reduce crime; others may eventually be found, but until they are, it is folly to undermine them for fiscal or ideological reasons. California’s enormous prison costs should be reduced by radical pension reform, not by the wholesale release of prisoners. And even today, in the aftermath of the Samuel arrest, Los Angeles’s anti-cop forces continue to attack misdemeanor enforcement in high-crime areas such as Skid Row: “The LAPD doesn’t deserve any praise when it comes to the needs of the homeless,” anti-police attorney Carol Sobel told the Los Angeles Times following Bratton’s resignation announcement.

These activists are dangerously wrong. Attention to broken-windows disorder must remain a vital component of proactive policing.

Heather Mac Donald is a contributing editor of City Journal and the John M. Olin Fellow at the Manhattan Institute.

241
Martial Arts Topics / Public Safety and Democracy
« on: February 24, 2014, 04:11:03 PM »
http://www.city-journal.org/2014/24_1_policing.html

William J. Bratton and Paul Romer

Public Safety and Democracy

A dialogue on the evolution and future of policing

Winter 2014

 

DAMIAN DOVARGANES/AP PHOTO
 
Sophisticated crime mapping allows police to direct resources to where the bad guys are.
 
PAUL ROMER: Across the world, public safety is the most important task facing city governments. In many poor countries, crime holds back the kind of urbanization essential for economic development. Closer to home, Detroit shows us that if they can, people will flee a city that fails to provide basic public safety.

Cities with crime problems should be able to take advantage of what we have learned about the policing strategies that reduce crime. Unfortunately, they hear too often from academics and other opinion shapers who still seem to think that policing strategies can have no effect on crime rates. This perception is totally at odds with the new understanding that has emerged among people like you, who have been in the trenches, experimenting with new approaches, and bringing down crime.

WILLIAM BRATTON: Yes. In a democratic society, the Number One obligation of the government is public safety. And the criminal-justice system is the entity charged with that responsibility. The police, through their behavior, are entrusted to enforce the law. A key challenge is to do it constitutionally. You can’t break the law while enforcing it. And in the 1940s, 1950s, and 1960s, police were breaking the law quite a lot. So that’s why we ended up with a lot of constitutional guidelines for police activity.

ROMER: What was your experience with the changes that came after the 1960s, when we tried to bring policing in line with the protections of the Constitution? One of the reasons that so many people today seem not to understand the connection between policing and crime is that they do not remember, or perhaps never knew, how crime increased in the United States starting in the 1960s and then came back down in the 1990s.

BRATTON: I joined the Boston Police Department in 1970 and came to New York to take over the Transit Police in 1990. Those 20 years were a time of phenomenal change. We were in the midst of an extraordinarily unpopular war in Vietnam. We were in the midst of the civil rights movement. There was great social turbulence—the Democratic National Convention riots, the Kent State shootings. It was an incredible time in American history. That’s the world I came into, all 155 pounds of me. I had my six-shot revolver, my six spare rounds, a set of handcuffs, a pen, and a parking-ticket book. They didn’t even give me a radio. Just six weeks of training, and I was on the streets of Boston.

ROMER: Looking back, it is hard to believe that you received so little training. These days, we understand that policing is an extremely difficult, high-skill job. Now we expect that police will be well educated and well trained.

BRATTON: I was very fortunate because as part of a push toward professionalization, the federal government for the first time was paying for police officers to go to college. It was the best thing that ever happened to me because I didn’t get wrapped in the “blue cocoon” as I was beginning my career. The kids I ate with at the college cafeteria in the morning would be demonstrating against the war in front of the federal building in the afternoon. And I’d be there, too, on the other side of the lines in my blue suit.

ROMER: It seems to me that prior to the 1960s, police were powerful but were largely unaccountable to the public. They did keep crime in check but sometimes did so in ways that the public increasingly found unacceptable. One impetus for this change came from the civil rights movement, which highlighted the many ways in which local governments and local police mistreated people of color. In response, we brought in controls to limit the abuse of police powers and pushed for better training for members of any police force.

BRATTON: I’ve spent my life in the police profession, and I’m proud of that. But I am also very cognizant of the profession’s limitations, its potential for abuse, and its potential negative impact. Policing has to be done compassionately and consistently. You cannot police differently in Harlem from the way you’re policing downtown. The same laws must apply. The same procedures must be employed. Certain areas at certain times may have more significant crime and require more police presence, or more assertiveness, but it has to be balanced. If an African-American or a recent immigrant—or anyone else, for that matter—can’t feel secure walking into a police station or up to a police officer to report a crime because of a fear that they’re not going to be treated well, then everything else that we promise is on a shaky foundation.

ROMER: When we first tried to limit the potential for abuse and professionalize policing, which were clearly important things for us to do, we may have gone too far and made it impossible for police to do what had historically been their primary job: preventing crime. Or perhaps it would be more accurate to say that we sent the message that police could get into trouble if they tried to anticipate and prevent crime, and we gave them a justification for simply waiting for crime to happen and then reacting to it. We developed a new theory about what caused crime—the so-called root causes—and a new view about what the job was for police. Because they could not change the social and economic factors that were thought to be the root causes of crime, the police could not be expected to prevent crime. All they could do, and all we expected them to do, was to clean up after it took place.

BRATTON: After the 1960s, as social movements evolved and America was changing, society felt that the role of the police also needed to change, to become more professional and better educated, in terms of forensics and training.

What changed in the 1990s—and I’m one of the principal advocates of it—was that the role of police became first and foremost about preventing crime. I’ve always embraced decentralization, empowering a local precinct commander to work with his or her community. In a city the size of New York, you can’t expect the police commissioner to be aware of what’s going on down, say, on West 3rd Street all the time. But the precinct commander there, through involvement with the community, should be aware of deteriorating conditions in the area and be able to address them. This approach allowed us to identify the problems that were creating fear, disorder, and, ultimately, crime. Given that the police have limited resources, the question then becomes: What do we prioritize? What do we focus our time on?

That was the purpose of the Compstat process that we developed in 1994 to track crime. We needed active intelligence so that we could rapidly respond to what it was telling us. But we also needed an environment where all the police commanders came together to talk about what was working and what wasn’t. And in that process, part of the effort was to reduce falsification. Because if you’re in there with all your peers, they’re going to detect very quickly when something’s wrong or doesn’t add up. We would do auditing, so if any precinct reported a percentage change in crime that was outside the standard variation for the rest of the department, it would be audited to find out what was really going on.

ROMER: Describe the changes that followed from this return in New York to the traditional view that the job of the police is to protect public safety by preventing crime.

BRATTON: Many New Yorkers are too young to understand what the city looked like when I got here in 1990—the graffiti, the decay, the crime, the social disorder. The police were not expected to do anything about these quality-of-life issues—aggressive begging, encampments in every park. When I came in as police commissioner, almost 300 people were living in the park across the street from the UN. At the time, we didn’t focus on that, though. There was a perception that the police really couldn’t do anything about that kind of disorder. We thought that we were focused on serious crime. What we really didn’t understand until the late 1980s and early 1990s was that the victim of all the abhorrent behavior on the streets was the city itself.

To give you an idea of how things have changed: in 1990, I didn’t go anywhere without a gun because, as chief of the transit police, I did not feel secure anywhere, including in the subways. In Los Angeles, when I was chief of police there, I also had to carry a gun everywhere, because of the gang violence. I don’t carry a gun now. I haven’t for a while. It’s locked away. I just don’t feel the need for it. And I like it that I can do that.

ROMER: One of the misleading conclusions that outsiders seem to have reached is that police cannot deter a person from committing a crime, so the only thing they can do is find people more likely to commit crimes and incapacitate them, lock them up, and throw away the key. I know that you reject this kind of naive, “get tough” approach to crime. One of the dramatic but rarely noticed successes of the turnaround in policing that you started in New York is that the incarceration rate has fallen. A smaller fraction of the population is locked away, yet far fewer crimes are being committed. This points clearly to the possibility, even the likelihood, that with the right policies, we can prevent crime. We can deter people from committing crimes.

Those same people who look at policing from the outside sometimes describe community policing as the misguided alternative to the “get tough” policies that they support. You have always believed that to prevent or deter crime, police must have a good working relationship with the community—that this is as important in preventing acts of terrorism as it is in preventing street crime.

BRATTON: Seventy-five percent of the terrorist plots that have been disrupted since 9/11 were detected when a community member informed a police officer or when a police officer who had a relationship with the community was able to put the clues together to predict that something was going to happen and take steps to prevent it. So the collaboration that is so essential to successful policing really requires the community to be able to trust that what the police are doing is, in fact, not illegal and not based on racial profiling or targeting the Muslim community. Proactive, assertive policing is effective, but if you don’t have the legitimacy and the trust of the community, you’re not going to get the information that you need to predict and prevent crimes.

ROMER: This same strategy is as important in the fight against gang crime as it is in the fight against terrorism. When you took over as chief of police in Los Angeles, it was clear to everyone that the police did not have a good working relationship with the community, especially with the minority community. Developing a better working relationship with the community was crucial to the turnaround that you implemented there, one that may have been even more difficult than the turnaround in New York (see “The LAPD Remade,” Winter 2013).

One hallmark of New York’s turnaround was a greater reliance on data. In Los Angeles, did you have a way to get frequent updates on how public attitudes toward the police were changing, something that you could use as you used Compstat in New York—as a management tool to see if the officers out on patrol were bringing about the needed changes?

BRATTON: Well, we really had to rely on polling done by entities such as the Los Angeles Times and other institutions.

ROMER: This seems to be an area in which technology should be able to help. Ideally, a police chief should have as much detailed geographical data about the relationship between the police and the community as he has about crimes committed. Do you see other ways that technology and new data sources could change policing?

BRATTON: Through the algorithms being developed by a number of universities, we now have an increasing ability to predict where a crime will occur. It doesn’t mean that we can know exactly when it will happen and exactly what it will be, but we can say that, within a certain time frame, within a certain geographic area, if we don’t put resources in there—meaning, a police officer—there’s going to be a crime committed. So you’ll hear this term “predictive policing” a lot more often, going forward. It will require computing power and intelligence-analysis capabilities. This means real-time crime centers outfitted with the latest technology. That costs money, and, as you well know, money is tight these days.

ROMER: What about new ways for police and the community to communicate? How can you let members of the community know what the police are doing and why they are doing it?

BRATTON: The police have historically had to rely on the media. Sometimes you had to go through them to get to the public—and, not only to get to the public, but to get to the cops as well, because cops read papers. They watch television. Their families watch television. So you needed to use the media. The media hated it when we said that we “used” them, but you had to make yourself available to them. Sometimes it was painful to make yourself available, but you had to do it to get certain messages through.

But now we have Twitter. Now we have all these social media sites. Think about what happened with the Boston Marathon bombing. The news media are erroneously reporting information. Someone puts up pictures of people who weren’t involved and says, “Here are the bombers.” Someone else reports that the bombers have been arrested. It’s all wrong. So what do you do? Well, now the Boston P.D. can instantly put out a Tweet saying, “No arrest has been made. The two individuals identified in the newspaper story are not who we’re looking for.” And that’s that. It’s irrefutable and reaches thousands or tens of thousands of people and then gets amplified through the traditional media.

ROMER: Let me ask you one last question, which is, in a sense, a management question. How can you effectively manage an organization in which a very few bad apples can make headlines for abusing their power and do enormous harm to the legitimacy of the entire force?

BRATTON: A police official once said to me that the NYPD employs more than 38,000 “career assassins”—the idea being that any one of the police officers in New York can, at any time, through inappropriate or criminal behavior, effectively bring about a catastrophe for the whole department. All you have to do is think of the actions of Justin Volpe—the officer who brutalized Abner Louima—to appreciate how fragile public confidence in the police can be. This is particularly true in minority communities. The way you deal with that problem is to make it clearly known that the department does the best it can to recruit, train, and supervise its officers. You have to send a message that those officers who go astray will be disciplined. You have to be honest and transparent at all times.

William J. Bratton is once again New York City Police Commissioner. He has formerly served as Boston police commissioner and chief of police in Los Angeles. His conversation with Paul Romer was hosted by the NYU Stern Urbanization Project and NYU’s Marron Institute.

Paul Romer is a University Professor at New York University and founding director of the Urbanization Project at the Stern School of Business.

242
Martial Arts Topics / Re: Life for 3 pot strikes
« on: February 23, 2014, 06:11:13 PM »
Life is tough, it's even tougher when you're stupid.


My father Jeff Mizanskey has been in prison for 20 years and has no possibility of parole. For non-violent, marijuana-only offenses, my father has been sentenced to die in prison because of a "three strikes" mandatory sentencing policy in the State of Missouri.
Dad's first offense was in 1984 when he sold an ounce to an undercover informant, and then was found to possess a half pound of marijuana when police raided his house the next day.  His next offense occurred in 1991, when he was caught in possession of a couple of ounces. But for my father's final strike in 1993, he became an easy fall guy in a conspiracy to distribute marijuana. My dad was driving a friend to a deal that turned out to be a sting operation. All of the other convicted men involved were set free years ago, but my dad was given a virtual death sentence.
My dad is, and always has been, a good man. He taught my brother and I all about construction and a good work ethic. He has never been violent and he is a model prisoner. And over the 20 years he has been in that little cell, he has watched as violent criminals, rapists, and murderers have "paid their debts" and left - sometimes just to return a few months later.
My father is 61 years old, and has been in prison since he was 41. His parents - my grandparents - have since passed. While my dad has been trapped behind bars, generations of kids and grandkids have been born into our family who have never even met the man. The State of Missouri spends roughly $22,000/year to keep him locked up. Meanwhile all my dad wants to do is be a productive part of society, work and pay taxes, be with his family. And I want my dad back.
Governor Jay Nixon is the only person who has the power to bring my dad home by granting clemency to Jeff and calling 20 years punishment enough. Please help us reach a just and reasonable end to his prison sentence by signing and sharing this petition.


https://www.change.org/petitions/my-dad-is-serving-life-without-parole-for-marijuana?utm_source=action_alert&utm_medium=email&utm_campaign=49464&alert_id=YrJplLiJIp_OXriqjMNjT


243
Martial Arts Topics / Re: Citizen-Police interactions
« on: February 22, 2014, 05:49:21 AM »
A free society is difficult to police, and given the alternatives, that's the way I'd prefer it to be.

In the system envisioned by our founders, there should be a constant tension between public safety and personal freedom, with neither being absolute. No rational person wants to live in a police state. Nor should you want to live in a place without the rule of law. Laws are meaningless unless there is a tangible enforcement of them and real incentives and disincentives associated with individual conduct.

Would anyone look at the failed states on the planet as opportune places to live? Why do I not see big L Libertarians moving to Somalia to avoid America's so called  "militarized police"? 

If one were to examine the limitations on police power in western/english speaking nations, you'd find that American law enforcement has less authority and operates under greater scrutiny than any other nation. We have the only elected law enforcement executives in any country I'm aware of and the vast majority of law enforcement agencies in this country are under local control. Good or bad, the local agencies reflect their communities giving proof to Thomas Jefferson's line that the people get the government they deserve.

I'm pretty certain that only the US has legal firms specializing in litigating against law enforcement agencies or has a large insurance industry focused on insuring individual law enforcement officers against the full spectrum of potential legal jeopardy faced by officers in the US. Due to the massive liabilities associated with law enforcement in this country, the biggest obstacle for police supervisors and administrators is to motivate officers to navigate the real dangers of the job and the legal minefields while cultivating a positive relationship with the public they serve.

It's not easy, as I said before, nor should it be, but I see a deep vein of irrationality in the discussion of American policing today that in no way reflects the reality I know.


244
Martial Arts Topics / Re: Citizen-Police interactions
« on: February 21, 2014, 02:41:18 AM »
I don't think it's unreasonable for there to be a law requiring a person to ID themselves in an investigative stop.

245
Martial Arts Topics / Re: Citizen-Police interactions
« on: February 20, 2014, 04:13:28 PM »

As usual, you bring good intel to the conversation.

As I go out into a busy day, let me ask you a two part question:

Must anyone present ID to an officer at any time? 

It depends. What does the state law require? Some states require you ID yourself, some don't. Is it a "Terry stop" or a consentual contact? Are you being cited for a violation?

Why?

Because ID'ing people who may be involved in criminal activity or have outstanding warrants in an effective tool for keeping the public safe.


247
Martial Arts Topics / In Praise of Routine Traffic Stops
« on: February 19, 2014, 09:35:48 AM »

In Praise of Routine Traffic Stops

 by Daniel Pipes
May 4, 2005
 updated Apr 30, 2013










Today's news includes this item:
 •
Sami Ibrahim Isa Abdel Hadi, 39, was stopped for tailgating on Route 46 in Ridgefield Park, New Jersey. When a Bergen County police officer called in Abdel Hadi's North Carolina license plates, he learned that Abdel Hadi had been ordered deported to Brazil in December 2001 and is listed in the FBI's National Crime Information Center database. Even more interestingly, Abdel Hadi has a valid temporary I.D. from L & L Painting to paint the George Washington Bridge (a high-profile potential terrorist target).
 



 
 

Michael Wagner
 


 
 
 
 

Abdel Hadi is hardly the first actual or potential terrorist stopped due to a routine traffic infringement.
 •
In July 2004, Michael Wagner's not wearing a seat belt got him stopped in a SUV near Council Bluffs, Iowa, that had in it "flight training manuals and a simulator, documents in Arabic, bulletproof vests and night-vision goggles, a night-vision scope for a rifle, a telescope, a 9mm semiautomatic pistol and hundreds of rounds of ammunition."
 

Timothy McVeigh was stopped in April 1995 as he sped away from Oklahoma City bombing that killed 168 people and injured more than 500 because his car lacked a license plate.
 

A New Jersey state trooper noticed Yu Kikumura's odd behavior at a New Jersey Turnpike rest stop in April 1988 and thoroughly searched his vehicle, finding three powerful homemade bombs. Kikumura, a member of the Japanese Red Army, was sentenced to thirty years in jail followed by deportation to Japan.
 

Three members of the Syrian Social Nationalist Party (Walid Nicolas Kabbani, Georges Fouad Nicolas Younan, and Walid Majib Mourad) were stopped by Richford, Vermont's only policeman in October 1987, because he was suspicious of their movements. Indeed, they were smuggling a bomb from Canada to the United States.
 

Comments: (1) It is remarkable how many criminals, terrorist and otherwise, make elementary traffic mistakes. (2) There is no substitute for law enforcement on the ground. (3) If good luck brings in so many terrorist-related individuals, one has to wonder how many of them don't tailgate and do wear seatbelts. (4) I shall record other examples here as I become aware of them. (May 4, 2005)
 •
Semi Osman was driving to Bly, Oregon, on Sep. 30, 1999, when the Oregon State Police stopped him because his car lights were not working, then cited him three more times for other infractions. One of these stops caught the attention of the FBI, which had lost track of Osman. He was subsequently arrested in 2002, accused of "material support for terrorists," plea-bargained, pleaded guilty to a weapons violation, and served his jail sentence. (October 4, 2005)
 

"On a damp, gray day in March 2004, the Dutch traffic police stopped a Belgian driver for a broken headlight and accidentally stumbled onto a major investigation of Islamic radicals," write Elaine Sciolino and Hélène Fouquet in the New York Times, telling the story of Khalid Bouloudo, whose name "turned up on an Interpol watchlist, for an international arrest warrant from Morocco charging him with links to a Moroccan-based terrorist organization and involvement in suicide bombings in Casablanca in 2003. The random arrest set into motion a cascade of events that underscores the extent of the radicalization of young Muslims throughout Europe - and a rapidly expanding and home-grown terrorist threat." (October 9, 2005)
 

Nov. 12, 2005 update: Apparently, not everyone shares my appreciation for the benefits of routine traffic stops. The Staten Island Advance reports on a meeting between the borough's Muslim community and its police commander, Albert Girimonte, in which the former complained that in four incidents during the past 11 months,
 

cops investigating minor auto accidents or traffic infractions allegedly asked mosque members inappropriate questions about their citizenship status. "The typical question has been: 'Where are you from, where were you born?' … Two questions that are totally irrelevant at an accident scene."
 
In one of the incidents near the Staten Island Mall at Christmastime last year, a female Pakistani wearing a Muslim shawl repeatedly was asked where she came from, he said. "This is an educated woman," [the Muslim leader] said. "When a policeman first asked her where she was from, she told him Staten Island. Then he asked her where she was born. She told him Pakistan." There were other incidents in the spring, he said, including the case of a girl caught crossing against a traffic light in New Springville being questioned.
 
For his part, Girimonte agreed that the interrogation was improper: "Asking a person at an accident scene where they're from is not necessary. Once your proper ID is confirmed, all you want to find out is what happened." He acknowledged being "surprised" by the incidents and promised that traffic stops would not lead to questions about citizenship status. "This is basically a training issue. And we'll address it. The police should not be concerned with the citizenship status of motorists. That's not our bailiwick."
 •
 



Naveed Haq under arrest.
 
Tragic proof that Albert Girimonte is wrong and I am right came yesterday, when Naveed Afzal Haq was driving to the Jewish Federation of Greater Seattle building, where he proceeded to murder one person and severely injure five others. According to Seattle Police Chief Gil Kerlikowske, as paraphrased by the Associated Press, Haq had been "stopped shortly before the shootings in Seattle for a minor traffic infraction, and was cited and released. … Haq had a valid driver's license and his actions did not raise any suspicion." That traffic violation was driving down a buses-only lane. Comment: How many more murders will it take for the police to wake up to the danger of Sudden Jihad Syndrome? (July 30, 2006) Apr. 16, 2008 update: Police Officer Glen Cook gave testimony in Haq's trial, providing more details: Haq drove his white Mazda pickup north on Third Avenue at 3:37 p.m., a bus lane at that time of day, Cook pulled him over, took down Haq's license and proof of insurance, ticketed him, and let him go.
 

July 1, 2007 update: The July/August issue of the magazine Crime & Justice International features an article on pp. 4-12 by Dean C. Alexander and Terry Mors, "Best Practices in Identifying Terrorists During Traffic Stops and On Calls for Service." It discusses "how patrol officers can assist in identifying and capturing domestic and international terrorists while undertaking traditional duties, with particular emphasis on traffic stops and calls for service." The author's advice is summed up in a few words: "Police should go on the offensive and aggressively look for signs of terrorist activity or involvement."
 •
The newspaper account does not tell why New Castle County, Delaware, police Officer Thomas Bruhn stopped the car of Amir Al-Kaabah, 21, and a female passenger shortly before 3 p.m. on Court Street near Brandywine Avenue in Claymont, but he stumbled on a minor treasury of criminality: 10 grams of marijuana, a large buck knife, fictitious registration tags, no title to the car, and an identity theft ring. The last became clear when he found expensive jewelry, clothing and shoes, all in their original wrapping in the trunk, all purchased with credit cards belonging to recent customers at the Comfort Inn in Birmingham Township, where the female passenger happened to work. Further inquiry found that Al-Kaabah is a fugitive from Georgia for violating his probation for a conviction of armed robbery, kidnapping and weapons violations. Al-Kaabah was charged with carrying a concealed deadly weapon, possession of a deadly weapon by a person prohibited, possession of marijuana, and driving while suspended. The woman was turned over to Pennsylvania authorities to face criminal charges. (December 18, 2007)
 

Four men (Pratheepan Thambu, 22, Lojanand Srianandan, 27, both of Toronto, Sethukavalar Saravanabavan, 35, and Kirubakaran Selvanayagam Pillai, 38, both of London, U.K.) were riding in a rented van in Scarborough, Ont., on Jan. 28, when Constables Scott Aikman and Patrick Pelo watched them run a stop sign and pulled the van over. On looking inside, the officers noticed one of the four desperately hiding something. They also observed that the driver had been drinking, plus the presence of open liquor in the vehicle, giving them the right to search the vehicle, which they did. They found a number of plastic gift cards worth an estimated $250,000, with debit card information on the magnetic strip which police believe was stolen from UK bank customers.
 

Police later searched a hotel and a home and found another 88 cards, all with debit card data from British banks on their magnetic strips, as well as $25,000 in Canadian $20 bills, laptop computers and memory sticks, receipts for money transfers to the U.K., travel documents and passports and what detectives described as "Tamil Tiger paraphernalia."
 
The routine traffic stop quickly exposed an international debit card fraud ring, led to 373 criminal charges, and possibly broke up a Tamil Tiger terrorist fundraising and money laundering operation. Running a light is "not too smart a thing to do when you're driving a van full of stolen bank cards," Detective. Peter Trimble sagely observed. "And they had been drinking and had open liquor in the car, which also isn't very smart." (January 31, 2008)
 •
Police in Matthews, N.C. stopped Sasan Ghazal, 21, of Bristol Ford Place in Charlotte, on suspicion of drunken driving on Feb. 9, and found an explosive device his vehicle. Under state law, Ghazal was charged with possession of a weapon of mass destruction, as well as possession of marijuana and drug paraphernalia. A U.S. Attorney will decide if federal charges are warranted. Ghazal is now in the Mecklenburg County Jail on a $101,500 bond. In 2006, he pleaded guilty of carrying a concealed gun and felony possession of drugs. (February 14, 2008)
 

 



Najibullah Zazi.
 
According to CBS News, the sequence of events that ended in the arrest of Najibullah Zazi on terrorism charges began with his being stopped for an unspecified "routine traffic violation" on his way into New York: "While entering the city, he was stopped by police for a routine traffic violation on the George Washington Bridge, which connects New Jersey and New York. Suspicious police allowed him to go free but kept a close watch on his movements." The same account, however, goes on to state that "Zazi told authorities he disposed of the explosives once arriving in New York," raising the possibility that the traffic stop may have backfired by alerting Zazi to the fact that he was already being watched by the FBI before this trip to New York. The full story is not clear here. (February 22, 2010)
 

Swiss police report that a routine traffic-stop (for unspecified reasons) on April 15 at Langnau thwarted three eco-terrorists of Il Silvestre from blowing up the site of the £55 million nano-technology headquarters of IBM in Europe at Rueschlikon, near Zurich. The police stopped the two men and a woman a few miles from the target with an explosive device primed and ready to go off. (April 26, 2010)
 

Pre-Olympic U.K. terror arrests: Police stopped a car on June 30 on a highway in Yorkshire, impounded it, suspecting it was uninsured. They discovered two firearms, ammunition, and other materiel, leading to the arrest of the driver, the passenger and five other male suspects between 22 and 43. (July 6, 2012)
 

Jared Loughner killed six people and wounded 13 others, including Rep. Gabrielle Giffords, in Tucson, Arizona, on Jan. 8, 2011; it turns out, according to information buried in thousands of pages of just-released documents, that hours before his shooting rampage, he was stopped on a routine traffic matter. Arizona Game and Fish Officer Alen Forney saw Loughner driving in northern Tucson about 7:30 a.m. that day and stopped him for driving erratically and running a red light. Michael Mello recounts what happened for the Los Angeles Times:
 

When the officer approached the car, Loughner's hand was already thrust through the window, holding his license and registration. Forney said Loughner took off the black bandanna he was wearing. The officer saw that Loughner had a shaved head, something he thought was peculiar. He asked Loughner whether he knew why he had been stopped. He replied, yes, he did.
 
During the traffic stop, another Game and Fish officer drove by, asking whether Forney needed any help. "I gave her the thumbs up at that point," Forney told investigators. "I had no reason to believe anything suspicious was going on."
 
Forney said he didn't notice anything unusual inside the car, but had checked to make sure "the trunk was secure" on Loughner's '69 Chevrolet Nova. "I made the decision not to write a citation. Game and Fish doesn't write a lot of traffic citations … I was also in kind of a hurry" to join [a meeting with] other officers for their patrol at Florence Junction, east of the Phoenix metro area.
 
"I told him, 'I'm not going to write you a citation for this.' When I said that to him, his face got kind of screwed up and he started to cry.… That struck me as a little odd," Forney told investigators. "I asked him if he was OK. He said, 'Yeah, I'm OK. I've had a rough time and I really thought I was going to get a ticket and I'm really glad that you're not … going to give me a ticket."
 
Forney again asked Loughner whether he was OK, worried he would be driving with his emotions out of control, possibly leading to an accident. Loughner then immediately composed himself, he said. "He actually looked up at me and said, 'Can I thank you?' I said, 'Yeah, you can thank me.' He asked what my name was, and he stuck out his right hand."
 
(March 28, 2013)
 
• A routine traffic stop uncovered insurance problems which led to an arsenal of sawn-off shotguns, machetes, knives, samurai swords, elements for pipe bombs, and a nail bomb being found in a car. For details, click here. (April 30, 2013)

248
Martial Arts Topics / Re: Citizen-Police interactions
« on: February 19, 2014, 08:15:49 AM »
What exactly would you have instead? There are true monsters lurking about that you don't want running free.

Just a reminder of what any traffic stop might be:

[youtube]http://www.youtube.com/watch?v=TBPM709JJA0&safe=active[/youtube]

249
Martial Arts Topics / Re: Citizen-Police interactions
« on: February 18, 2014, 09:08:11 PM »
I'd think that you'd be a bit more sensitive to the trivialization of the horrors of the 3rd reich. Exactly what fate would one expect for someone who gave the slightest resistance or attitude to a nazi official? I'm pretty sure it would go far beyond a couple of citations.


250
Martial Arts Topics / Suspects Who Refuse to Identify Themselves
« on: February 18, 2014, 03:38:27 PM »


Suspects Who Refuse to Identify Themselves
 



By Jeff Bray, Senior Legal Advisor, Plano, Texas, Police Department



A police officer does not need probable cause to stop a car or a pedestrian and investigate potential crime. According to the U.S. Supreme Court, a police officer may initiate a temporary stop, a level of intrusion short of an arrest, if the officer can articulate a reasonable suspicion that the suspect has committed a crime or is about to commit a crime.1 This is commonly known as a Terry stop. Further, if the officer can articulate a reasonable basis for suspecting that the subject might be armed, he can pat down the outer clothing of the suspect in a limited search for weapons. This is commonly referred to as a Terry frisk.

The Terry rule has developed quite a bit since 1968, but some aspects remain murky. In particular, if the suspect refuses to give his name or any identifiers, may an officer arrest the suspect? According to the Supreme Court, the police may arrest for failure to identify if state law criminalizes such behavior.

Officers conducting a lawful Terry stop may take steps reasonably necessary to protect their personal safety, check for identification, and maintain the status quo.2 Occasionally a suspect will refuse to identify himself. Pursuant to the Supreme Court’s opinion in Hiibel v. Sixth Judicial District Ct. of Nev., a state law requiring a subject to disclose his name during a Terry stop is consistent with the Fourth Amendment’s ban on unreasonable search and seizure:


Obtaining a suspect’s name in the course of a Terry stop serves important government interests. Knowledge of identity may inform an officer that a suspect is wanted for another offense, or has a record of violence or mental disorder. On the other hand, knowing identity may help clear a suspect and allow the police to concentrate their efforts elsewhere.3

Such a statute does not implicate the subject’s Fifth Amendment right to avoid self-incrimination, as simple disclosure of one’s name presents no reasonable danger of incrimination. But the Court clearly limited the application of this new rule by also noting that an officer may not arrest a suspect for failing to identify himself if the identification request is not reasonably related to the circumstances justifying the stop. The question is, is the request for identity a commonsense inquiry or an effort to obtain an arrest for failure to identify after a Terry stop yielded insufficient evidence?

Furthermore, a state may not make it a crime to refuse to provide identification on demand in the absence of reasonable suspicion.4 The Court has also held that a requirement that a detainee give “credible and reliable” identification information to the police upon request is too vague to be a criminal offense.5

In short, if the state has a law requiring suspects to identify themselves when asked to do so during a valid stop or detention, the U.S. Constitution will not bar arrest and prosecution for failure to do so. It is not clear what officers may do if their jurisdiction does not have a law against failing to identify oneself.


Failure to Identify and Traffic Stops

The U.S. Court of Appeals for the Tenth Circuit has held that, in the context of traffic stops based on reasonable suspicion alone, a “motorist may be detained for a short period while the officer runs a background check to see if there are any outstanding warrants or criminal history pertaining to the motorist even though the purpose of the stop had nothing to do with such prior criminal history.”6 Several other circuits have come to the same conclusion.7

The Tenth Circuit addressed the issue later in United States v. Villagrana-Flores: “We explained in Holt that ‘the justification for detaining a motorist to obtain a criminal history check is, in part, officer safety’ because ‘by determining whether a detained motorist has a criminal record or outstanding warrants, an officer will be better apprized of whether the detained motorist might engage in violent activity during the stop.’” As long as the detention is for a short period, “the government’s strong interest in officer safety outweighs the motorist’s interests.”8


Failure to Identify and Pedestrians

Officer safety is just as strongly implicated where the individual being detained for a short period of time is on foot rather than in an automobile. An officer detaining a pedestrian has an equally strong interest in knowing whether that individual has a violent past or is currently wanted on outstanding warrants. The citizen’s interest, on the other hand, is no more robust merely because a short detention occurs while traversing on foot.

Moreover, permitting a warrants check during a Terry stop on the street also “promotes the strong government interest in solving crimes and bringing offenders to justice.”9 Indeed, an identity’s utility in “inform[ing] an officer that a suspect is wanted for another offense, or has a record of violence or mental disorder,”10 would be nonexistent without the ability to use the identity to run a criminal background check.


What Does It Mean to Criminalize the Conduct?

It is up to each state or municipality to criminalize a suspect’s failure to reveal his or her identity. Such laws may not make it a crime to fail to reveal one’s name during a consensual encounter; to avoid violating the Fourth Amendment there must, at a minimum, be reasonable suspicion of crime afoot by the subject.11

Further, the stop-and-identify law must not be “vague,” according to the Supreme Court. In Kolender it found a California statute unconstitutionally vague because it required the subject to produce “credible and reliable” identification that carried a “reasonable assurance” of reliability, and left it up to the officer to determine what “credible and reliable” and “reasonable assurance” are.12 Acceptable statutes simply require disclosure and leave it to the subject to decide how to comply.13

If the name given by the subject turns out to be false, the subject has likely violated another law, giving the officer probable cause to arrest. The Nevada statute in question in the Hiibel opinion treats failure to disclose as a form of obstructing the discharge of an officer’s official duties. It is quite likely that the charge of obstructing official duty would be untenable for failure to identify in a Terry stop without a law similar to Nevada’s requiring a subject to identify themselves. In Texas a person is not guilty of failure to identify unless the person is already under arrest and refuses to give his name and other information. Further, an act criminally interfering with public duties may not consist of speech only. 14


What If a State Does Not Criminalize Refusal to Identify?

An interesting question arises when state law does not make it a crime to refuse to identify oneself but does clearly allow the police to temporarily detain the suspect and determine his identity. The decision in Hiibel suggests that Terry allows officers to ask for identification as long as the request for identification is reasonably related in scope to the circumstances that justified the initial stop.15 Also, Terry may permit an officer to establish or negate a suspect’s connection to a crime by compelling the suspect to submit to fingerprinting.16

In Hayes the police were investigating a string of burglary-rapes and had recovered latent prints from one of the crime scenes and herringbone-patterned shoe prints.17 Hayes was one of 40 suspects interviewed and came to be a principal suspect. Hayes refused to accompany police officers to the station for fingerprinting until threatened with arrest for refusing to comply. The police also seized from Hayes’s house a pair of sneakers with a herringbone tread pattern. Hayes’s prints matched the latent prints found at the scene.

The U.S. Supreme Court ruled that Hayes’s fingerprints were illegally obtained and inadmissible. The Court endorsed the practice of fingerprinting a subject when there is reasonable suspicion that the prints will establish or negate the person’s involvement in the crime being investigated. Further, the Court made it very clear that, under certain circumstances, the judiciary may authorize the seizure of a person on less than probable cause, and removal to the police station, for the purpose of fingerprinting. This is not to suggest that drivers, passengers, or pedestrians who refuse to identify themselves can be taken to the station for fingerprinting in all cases, only that it is possible in some cases.


Police Not Penalized for Stop Made Longer by Uncooperative Suspect

If an investigative stop continues indefinitely, at some point it can no longer be justified as an investigative stop.18 But when the delay in ending a Terry stop is attributable to the evasive actions of a suspect, the police do not exceed the permissible duration of an investigatory stop.19

There is some support for detaining a suspect during a Terry stop to determine his identity and conduct a warrants check, for which the suspects’ identity is required.20 The officer may detain the driver as long as reasonably necessary to conduct these activities and to issue a warning or citation. 21


Court Allows Fingerprinting at Scene

The Supreme Court has specifically left open the option of detaining suspects, fingerprinting them at the scene, and attempting to identify them with their fingerprints or even getting a warrant on less than probable cause to take them to the police station and try to identify them.22 Clearly, this option is burdensome for officers and intrusive for suspects.

Nevertheless, it might be justified when identification of a suspect is reasonably related to the scope of the stop. For instance, if the suspect is stopped because he somewhat matches the description of a wanted person, but not to the extent that he can be arrested for the crime, and the police have fingerprints of the wanted person, it might be both worthwhile and permissible to either get a court order authorizing seizure on less than probable cause and take the suspect to the station and fingerprint him or keep him at the scene, fingerprint him, and compare the prints. Any delay in ending the Terry stop would be attributable to the suspect’s refusal to identify himself.

These options apply to a narrow set of facts, but there is support in the case law for dealing in this manner with suspects who refuse to identify themselves, who have not presented the officer with probable cause to arrest, and whose identity is reasonably related to the circumstances justifying the valid Terry stop.


Evidence Uncovered During a Stop

If during a Terry stop police discover that there exists a valid arrest warrant for the subject, the arrest would be unassailable. A person cannot claim that his person is the fruit of an illegal arrest and that he is therefore immune from prosecution.23

But evidence obtained during an illegal detention or frisk will be inadmissible.24 For instance, a Terry frisk is a search for contraband. If an officer goes into a suspect’s pocket and pulls out a wallet without probable cause to believe that there is contraband in the wallet or pocket, and contraband is found, the contraband is inadmissible.

If the officer uses the identification in the illegally obtained wallet to determine the subjects’ identity for purposes of a warrant check, and it is determined that there is a valid warrant, the arrest under warrant is good, but any evidence out of the wallet is inadmissible. The courts have not clarified the ramifications of an illegal search that results in the discovery of a warrant that leads to a valid arrest.


Verbal Identification or Requirement of Documentation?

In Hiibel the Court notes that the Nevada statute “apparently does not require him to produce a driver’s license or any other document.” In Kolender we learn that a law requiring “documentary identification” may be unconstitutionally vague. One imagines, though, that a statute that specifies what documents are satisfactory would survive a vagueness challenge.

Still, the Supreme Court has never dealt squarely with the constitutionality of a state statute that requires production of documentary identification in an investigative detention or the legality of an arrest of a pedestrian for refusal to produce documentary identification. Obviously, if someone is operating a motor vehicle in a public area they can be required to produce the associated privilege license, which of course has the effect of identifying that person.

But what of suspects who are stopped but are not operating vehicles? Current law generally does not require that ordinary pedestrians even carry documentary identification and it remains to be seen what courts will do with the issues surrounding a requirement of documentary identification. Naturally, if someone is arrested, any documentary identification on that person can be located in the search incident to arrest. ■




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1Terry v. Ohio, 392 U.S. 1, 16-17 (1968).
2United States v. Hensley, 469 U.S. 221, 229, 235 (1985).
3Hiibel v. Sixth Judicial Dist. Ct. of Nev., 542 U.S. 177, 186 (2004).
4Brown v. Texas, 443 U.S. 47 (1979).
5Kolender v. Lawson, 461 U.S. 352, 362 (1983).
6United States v. Holt, 264 F.3d 1215, 1221 (10th Cir. 2001) (en banc).
7See United States v. Brigham, 382 F.3d 500, 507-08, 507-08 n.5 (5th Cir. 2004).
8United States v. Villagrana-Flores, 467 F.3d 1269 (10th Cir. November 7, 2006).
9See United States v. Hensley, 469 U.S. 221, 229, 105 S. Ct. 675, 83 L. Ed. 2d 604 (1985).
10Hiibel, 542 U.S. 186.
11Brown, 443 U.S. 52 (1979).
12Kolender, 461 U.S. 360.
13See Hiibel, 542 U.S. 187.
14Texas Penal Code 38.02 and 38.15 (West 2006).
15Citing Terry, 392 U.S. 16.
16Citing Hayes v. Florida, 470 U.S. 811 (1985).
17Hayes, 470 U.S. 812.
18United States v. Sharpe, 470 U.S. 675, 685 (1985).
19United States v. Sharpe, 470 U.S. 687-88.
20See United States v. Thompson, 282 F.3d 673, 678 (9th Cir. 2002); United States v. Beck, 140 F.3d 1129, 1134 (8th Cir. 1998); United States v. White, 81 F.3d 775, 778 (8th Cir.1996), cert. denied, 519 U.S. 1011 (1996).
21See United States v. Wood, 106 F.3d 942, 945 (10th Cir. 1997); United States v. Trimble, 986 F.2d 394, 397-98 (10th Cir. 1993) cert. denied, 508 U.S. 965 (1993).
22See, for instance, Kaupp v. Texas, 538 U.S. 626, 630 n.2 (2003), and Hayes v. Florida, 470 U.S. 811, 817 (1985).
23New York v. Harris, 495 U.S. 14, 21; United States v. Crews, 445 U.S. 463, 474 (1980).
24See United States v. Hudson, 405 F3d 425, 439 (6th Cir. 2005), citing United States v. Green, 111 F.3d 515 (7th Cir.) cert. denied, 522 U.S. 973 (1997).




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From The Police Chief, vol. 74, no. 4, April 2007. Copyright held by the International Association of Chiefs of Police, 515 North Washington Street, Alexandria, VA 22314 USA.


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