Federal cases against LEO's rising.

Bob Hubbard

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http://carlosmiller.com/2010/09/22/...-police-abuse-increased-25-percent-since-911/

Between 2001 and 2007, federal court cases in which cops were accused of violating people’s civil rights dramatically rose 25 percent, according to the U.S. Justice Department.

A lot of these cases are bogus ones, but enough are seeming legit to cause concern. Causes cited for those are ones I believe we've covered here in the past, poor hiring practices and lack of proper training. Some of the cases listed by MSN are ones we've discussed here I believe.
 
By Carlos Miller
Since the 9/11 terrorists attacks, we’ve seen a sharp increase in First Amendment violations against photographers, usually in the name of keeping us “safe.”
Hence, his serious axe to grind.


Now it is evident that one of the reasons for this increase is the lowering of police hiring standards in the recruitment frenzy following the September 11 terrorist attacks.
Lowering the hiring standards is a genuine problem, in my untrained eyes. Point given.


However....note Miller's own words: Recruitment frenzy.



However, what if the news story said "Detentions at Sometown High have increased by 25 percent" and then made mention to an "enrollment frenzy"

Wouldn't this leave you to wonder if enrollment at Sometown High had also increased by a similar amount?



An increased desire for security.

The increased requirements for LEO coverage due to the homeland security color codes.

An increased demand for officers to cover for other officers when they get activated by the military.


Would that account for a 25 percent increase, or close to it?



Between 2001 and 2007, federal court cases in which cops were accused of violating people’s civil rights dramatically rose 25 percent, according to the U.S. Justice Department.



While figures are not available for the most recent years, anybody who keeps up with the news knows that there hasn’t exactly been a decrease.
Today, MSN.com complied a list of ten cases from 2010 in which alleged police brutality was caught on tape.


Which has nothing to do with the "25 percent" figure.



http://www.bls.gov/oco/ocos160.htm

BLS says in 2006, there was 654,000 police officers in the US.


10 cases. 654,000 cops. That is 0.001%...or one-thousandth of a percent.




The story was first reported in USA Today back in 2007.
But because Miller has an axe to grind against cops, he's going to blog about it now, in 2010.


The trend doesn’t appear to be going away considering the Obama Administration plans to increase funding for police and prisons next year, according to the Justice Policy Institute.

As a child growing up in Miami during the early 1980s, we had a huge increase in crime due to the Mariel Boatlift and Colombian cocaine cowboys. That led to an increase in police recruitment, which, of course, led to an increase in police corruption, especially in the notorious Miami River Cops case.
Hey, why substantiate your data when you have a chance to incriminate the police? :rolleyes:

No, I do not want to have my rights stepped on. Not as a citizen, not as a photographer, not as a woman, not as any adjectival noun that you like.



Who are the people that are going to be the most effective in working with the police and the local pols to bridge gaps between civilians and LE?

The ones that are willing to put in an effort to understand what the police go through (whether or not they agree) and work for solutions that try to bridge gaps between the community?

Or the One Note Sambas that skewer LEOs every chance they get?
 
Miller's got a few legit issues IMO with Miami cops...issues where the court ruled in his favor, repeatedly I might add. Ignoring for a moment the messenger though, more of my point in posting this was to examine and address his claims. The story at MSN cited lists 10 stories. There were more than 10 cases, it just lists 10. Cases involving photographers and cops -are- either rising or being reported more, as indicated by CNN, Fox, MSN, USA Today, the NY Times....these aren't some "blogger with an axe to grind" Carol, they are main stream media. Miller may have an axe, but the stories he links to are almost always backed by links to video and more often main stream media.

The solution to me is simple:
It's an educate both sides issue to me so that photographers know how far they can go, and the cops know it too.
 
Miller's got a few legit issues IMO with Miami cops...issues where the court ruled in his favor, repeatedly I might add. Ignoring for a moment the messenger though, more of my point in posting this was to examine and address his claims. The story at MSN cited lists 10 stories. There were more than 10 cases, it just lists 10. Cases involving photographers and cops -are- either rising or being reported more, as indicated by CNN, Fox, MSN, USA Today, the NY Times....these aren't some "blogger with an axe to grind" Carol, they are main stream media. Miller may have an axe, but the stories he links to are almost always backed by links to video and more often main stream media.

I don't care if he's against the Republicans, or the Democrats, or Global Warming, or the public school system, or whatever the topic is. Focus a blog on negative commentary...from stories past and present...and it looks like the person has an axe to grind.

The solution to me is simple:
It's an educate both sides issue to me so that photographers know how far they can go, and the cops know it too.

I love that idea!! And its rational ;)

On September 12, 2001, my friend Sher JB Singh from the New England Sikh Study Circle boarded an AMTRAK train to DC, his permanent home and where his wife and parents were living. He wanted to be with his family, and he wanted to help the people in the city where his family was putting down roots.. He didn't get very far. Someone on the train called in a complaint of a suspicious looking person. Officers boarded the train in Providence, and pulled Sher off. The interaction lead to the discovery (or Sher volunteering info) of his kirpan, which he keeps tucked under his belt at all times when he is in public. He was questioned about the 9/11 events, then arrested on weapons charges because his blunt kirpan was 4 inches, and the RI statutory length was three inches.

The Sikh community did not respond by blogging about police abuses, or police racism, or police ignorance. They responded by getting the message out about who Sikhs were. Sher responded by getting out the message about who Sikhs were. I responded by getting out the message about who Sikhs were...you can find my editorial in the Boston Globe on highbeam (paid). It was published Saturday, September 15, 2001.

http://www.highbeam.com/doc/1P2-8662638.html

Sher's arrest was plastered all over the media. I was in my home for less than 2 hours after getting back from that whole 9/11 mess in New York, when I saw Sher's arrest on TV with Fox News alternating pictures between Sher in cuffs, being escorted out of the station, flanked by two Providence officers....and Osama Bin Laden. That was one "welcome home"

I don't see Carlos Miller "educating". Nor am I convinced that he wants to do anything constructive about the issues that he's seeing. I think he's realized that he has more clout and more income by bitching about cops than he does by actually working to resolve the issues he whines about.

Sher JB Singh on the other hand, had the weapons charges dropped against him, after several months. There are many mainstream news media stories about him, his account in his own words are here. Note that he does not mention a single foul word about law enforcement, or even the government. He mentions the problem, and what he believes is the solution.

He is now working in DC, and has obtained a security clearance.
 
http://carlosmiller.com/2010/09/22/...-police-abuse-increased-25-percent-since-911/



A lot of these cases are bogus ones, but enough are seeming legit to cause concern. Causes cited for those are ones I believe we've covered here in the past, poor hiring practices and lack of proper training. Some of the cases listed by MSN are ones we've discussed here I believe.

More cameras, more awareness of the ability to report incidents to the feds, more scrutiny.

There are NOT more incidents, so the lack of training or poor hiring practice isn't the issue. Training and hiring practices are better than ever. There aren't more incidents. There is more scrutiny.
 
Miller's got a few legit issues IMO with Miami cops...issues where the court ruled in his favor, repeatedly I might add. Ignoring for a moment the messenger though, more of my point in posting this was to examine and address his claims. The story at MSN cited lists 10 stories. There were more than 10 cases, it just lists 10. Cases involving photographers and cops -are- either rising or being reported more, as indicated by CNN, Fox, MSN, USA Today, the NY Times....these aren't some "blogger with an axe to grind" Carol, they are main stream media. Miller may have an axe, but the stories he links to are almost always backed by links to video and more often main stream media.

The solution to me is simple:
It's an educate both sides issue to me so that photographers know how far they can go, and the cops know it too.

You just said the key words 'Video'. Everything is on video now. There aren't more incidents, there are probably way less actually incidents than 15, 20, or 30 years ago. I've been in law enforcement 14 years and we respond far less aggressively now than when I started. But there is FAR greater scrutiny than when I started. Every member of the public is carrying a camera now....they build them in cell phones.
 
More cameras, more awareness of the ability to report incidents to the feds, more scrutiny.

There are NOT more incidents, so the lack of training or poor hiring practice isn't the issue. Training and hiring practices are better than ever. There aren't more incidents. There is more scrutiny.
And a greater willingness or desire to bring these sorts of charges... even if they have no real merit.
 
I don't really think the issue is hiring practices or training...in most cases. As has been mentioned, video cameras are everywhere now, so many times it is no longer a case of John Q Citizens word against Mr LEO. There have always been LEOs out there who either abuse the job or cannot handle it. Thankfully that percentage is very, very, low, in my opinion.
 
And a greater willingness or desire to bring these sorts of charges... even if they have no real merit.

Exactly. The fact remains that even lawful, legitimate, and necessary force never looks pretty, and to the lay public, on a video, can look like 'brutality' even while being perfectly justified.

If someone has never even been in a fist fight, they have no frame of reference for what is necessary in a violent encounter except the sanitized and unrealistic violence of TV police shows.
 
You know, I also think that Public perception of the public policies of the Towns and Cities we live in in regards to law enforcement also skew our perception of the police... Example, Knowing that cops are being used as Revenue generation for "nanny" laws by the town doesn't do anything to raise my level of respect for the cops... now, I KNOW it's not their choice to have 6 squad cars of cops being used on one corner to check for seatbelt enforcement while telling us "Gosh, we just don't have the manpower to prevent/solve crimes", its the town, county, or state, BUT... the cops are on the frontline, they are visible, and therefore the ones who get the blame for it.

I had a run in with the cops last week that just totally pissed me off, (I was the victim, btw, I didn't run afoul of the law) and the more I think about it, the more angry I become the more I want to write all cops off as useless lazy douchebags... and I gotta keep reminding myself that the circumstances being what they are, I probably just ran into a couple cops who just didn't wanna bother being of any kind of real assistance, and that's probably not all cops... or even neccessarily THOSE cops all the time. BUT... a lot of people don't or won't remind themselves, or have so little dealings with the police that when that becomes their experience, that becomes their reality... and then they start looking for fault with the "Pigs".
 
What also happens with much of the public is that they have incredibly unrealistic expectations of what the police 'can' do, if they'd only 'not be lazy'.

An example are thefts from unlocked vehicles. The public is frustrated that someone got in to their unlocked car at 2am, and stole $4.53 in change and their Yanni CD.

So they want the whole car finger printed by the CSI team and the Electrographicnuclearwatzit device they saw on CSI:Deluth used to find the perpetrator, in under an hour, with the appropriate break for commercials.

The reality is that it was their own behavior that resulted in the theft, i.e. and unlocked car.

I once did the same thing, as a cop with 14 years in Law Enforcement. And did I report that minor theft to the local PD? NOPE! There would have been no point, and I wrote it off as lesson learned because the odds of finding that $14.00 is so remote as to make the effort pointless.

So unrealistic expectations and a lack of understanding of the process is what accounts for the vast lions share of misunderstandings about the police.
 
What also happens with much of the public is that they have incredibly unrealistic expectations of what the police 'can' do, if they'd only 'not be lazy'.

An example are thefts from unlocked vehicles. The public is frustrated that someone got in to their unlocked car at 2am, and stole $4.53 in change and their Yanni CD.

So they want the whole car finger printed by the CSI team and the Electrographicnuclearwatzit device they saw on CSI:Deluth used to find the perpetrator, in under an hour, with the appropriate break for commercials.

The reality is that it was their own behavior that resulted in the theft, i.e. and unlocked car.

I once did the same thing, as a cop with 14 years in Law Enforcement. And did I report that minor theft to the local PD? NOPE! There would have been no point, and I wrote it off as lesson learned because the odds of finding that $14.00 is so remote as to make the effort pointless.

So unrealistic expectations and a lack of understanding of the process is what accounts for the vast lions share of misunderstandings about the police.


That's absolultey true too, but on the flipside of that, even when the cops know it's "a waste of their time" to take a report about stolen property, they need to remember that while they may know that its pointless to look for the guy who smashed the car window and stole the radio, John Q. Public's INSURANCE company needs that police report before they will pay out... and Officer Freindly may not WANT to waste his time with making that USELESS report, but he also doesn't need to spend 20 minutes belittling Mr. Public for "wasting his time with it", when John Q needs it.

Yeah for 14 bucks in change? Stupid. But when the stolen property constitutes an actual loss... right.

That kind of attitude twords the "stupid public" who "don't understand what my job is" is also part of what creates that attitude.
 
That's absolultey true too, but on the flipside of that, even when the cops know it's "a waste of their time" to take a report about stolen property, they need to remember that while they may know that its pointless to look for the guy who smashed the car window and stole the radio, John Q. Public's INSURANCE company needs that police report before they will pay out... and Officer Freindly may not WANT to waste his time with making that USELESS report, but he also doesn't need to spend 20 minutes belittling Mr. Public for "wasting his time with it", when John Q needs it.

Yeah for 14 bucks in change? Stupid. But when the stolen property constitutes an actual loss... right.

That kind of attitude twords the "stupid public" who "don't understand what my job is" is also part of what creates that attitude.

True enough. I always try to throw around a little 'pixie dust' (also known as 'finger print' dust) to placate John Q. Public, while simultaneously knowing there is absolutely zero chance of recovering his radio........especially since he bought it in 1989 and doesn't even remember what model it was, much less the serial numbers or other pertinent information. ;)

Folks tend to operate from pure emotion when they are the victims of a crime. We try to make sure that our rational perspective doesn't appear cynical or indifferent, but police are humans too, so sometimes misunderstandings occur.


I know intimately what police can and can't do in response to a given situation, so my expectations, even as a 'victim', aren't built on unreasonable beliefs. The general public's knowledge is limited to unrealistic police TV shows, just as with use of force, and those things create EXTREMELY unreasonable beliefs and expectations.........and that's just people who are, at worst, neutral toward the police, and in some cases more or less in favor of most police actions. Throw in those with an axe to grind and you get a real problem.

Some of the best programs around, however, have been ride alongs and citizens police academies, that seek to educate the public on the realities of law enforcement investigations and practices.
 
What also happens with much of the public is that they have incredibly unrealistic expectations of what the police 'can' do, if they'd only 'not be lazy'.

An example are thefts from unlocked vehicles. The public is frustrated that someone got in to their unlocked car at 2am, and stole $4.53 in change and their Yanni CD.

So they want the whole car finger printed by the CSI team and the Electrographicnuclearwatzit device they saw on CSI:Deluth used to find the perpetrator, in under an hour, with the appropriate break for commercials.

The reality is that it was their own behavior that resulted in the theft, i.e. and unlocked car.

I once did the same thing, as a cop with 14 years in Law Enforcement. And did I report that minor theft to the local PD? NOPE! There would have been no point, and I wrote it off as lesson learned because the odds of finding that $14.00 is so remote as to make the effort pointless.

So unrealistic expectations and a lack of understanding of the process is what accounts for the vast lions share of misunderstandings about the police.
I've got an issue with not reporting it at all; I've been investigating an ongoing series of larcenies from unlocked cars as well as the occasional related stolen vehicle because they left keys in it. (A few didn't even know they had a valet key in the car...) Reporting all of the vehicle tamperings (entered, ransacked, but didn't take anything) and larcenies helps to know the pattern and track their movement -- as well as identify a particular group's activities.

But be realistic: you leave your stuff unlocked, and it goes bye-bye... it's probably dumb luck if we get it back or catch the guy. And we aren't going to bring out the whole forensic evidence team over your pocket change.

And FREAKING LOCK YOUR CARS!!! Just 'cause you live in a nice neighborhood doesn't mean bad guys don't come visit. In fact -- they visit precisely because you're in a nice neighborhood with guard down and good stuff to steal!
 
That's absolultey true too, but on the flipside of that, even when the cops know it's "a waste of their time" to take a report about stolen property, they need to remember that while they may know that its pointless to look for the guy who smashed the car window and stole the radio, John Q. Public's INSURANCE company needs that police report before they will pay out... and Officer Freindly may not WANT to waste his time with making that USELESS report, but he also doesn't need to spend 20 minutes belittling Mr. Public for "wasting his time with it", when John Q needs it.

Yeah for 14 bucks in change? Stupid. But when the stolen property constitutes an actual loss... right.

That kind of attitude twords the "stupid public" who "don't understand what my job is" is also part of what creates that attitude.
Absolutely. It's important for the officers taking reports and detectives dealing with victims to realize that, while it may be their 500th larceny from vehicle report, it's often the victim's first report. Maybe their first contact with the police at all... That's something I always stress to rookies.
 
I've got an issue with not reporting it at all; I've been investigating an ongoing series of larcenies from unlocked cars as well as the occasional related stolen vehicle because they left keys in it. (A few didn't even know they had a valet key in the car...) Reporting all of the vehicle tamperings (entered, ransacked, but didn't take anything) and larcenies helps to know the pattern and track their movement -- as well as identify a particular group's activities.

But be realistic: you leave your stuff unlocked, and it goes bye-bye... it's probably dumb luck if we get it back or catch the guy. And we aren't going to bring out the whole forensic evidence team over your pocket change.

And FREAKING LOCK YOUR CARS!!! Just 'cause you live in a nice neighborhood doesn't mean bad guys don't come visit. In fact -- they visit precisely because you're in a nice neighborhood with guard down and good stuff to steal!


Here's what I always get, though. I get a call from a victim (true story!)

Angry because we don't 'patrol his yard' and says his vehicle got rooted through a week ago.....and he SAW the guy doing it, and told him to get away from his car!

When asked why he didn't call the police THEN, his response is

'Well, it wouldn't do any good, you guys never patrol through here!'

'Okay.....well why did you call now?'

'I was talking to my neighbor and she thought I should call you......it's that door right there, can't you finger print it, or something?'


And his car was STILL unlocked!

Some folks are their own worst enemies.......job security, I guess.




You are correct about patterns, though. But I still won't report the $4.12 cents taken from my car because I left it unlocked because it isn't worth MY time and energy to have an officer play ineffective cleanup on my own stupidity. $4.12 is not worth the next hour of my life filling out a statement........it's a cost/benefit analysis for me, as a victim. It's cheaper to learn my lesson and keep my doors locked.

Now, if it happened in front of my house in the middle of the night, instead of at some park, or some convenience store (both of which I lock my car when i go in to)........i'd probably set up a couple of motion game camera's in my yard, and catch the little SOB's the next time they came through! But I was that way before I was a cop, and it's probably why I became a cop.......because I never need to call one myself.
 
Absolutely. It's important for the officers taking reports and detectives dealing with victims to realize that, while it may be their 500th larceny from vehicle report, it's often the victim's first report. Maybe their first contact with the police at all... That's something I always stress to rookies.

Hey, a little pixie dust goes a long ways! So do photographs. So does taking the time to do a neighborhood canvas and knock on some doors.

I do remind them, however, that 99% of the car related thefts that occur in my area are from unlocked cars, and that means they can be prevented in the future if they will just.....lock their doors. ;)

Most of those who enter unlocked cars are young adult males who walk that area frequently, and it's a crime of convenience. Because they are on foot, they don't want to set a car alarm off or bring unwanted attention by busting a window, so they simply check to see if the door is locked, if it is, they move on.

Where there is a smash and grab, it's usually someone in a vehicle. If a specific item is taken, and nothing else in the area is touched, the victim has come in contact with the suspect, and they knew the victim had these items in their car.


I should be clear that I take those kinds of incidents that occur on my night shift VERY seriously, even as I question the judgement of folks who leave their cars unlocked. I take the criminals behavior personally, and we go out of our way to find them and shut them down. We usually catch them by doing field interviews of pedestrians in the middle of the night.
 
Here's what I always get, though. I get a call from a victim (true story!)

Angry because we don't 'patrol his yard' and says his vehicle got rooted through a week ago.....and he SAW the guy doing it, and told him to get away from his car!

When asked why he didn't call the police THEN, his response is

'Well, it wouldn't do any good, you guys never patrol through here!'

'Okay.....well why did you call now?'

'I was talking to my neighbor and she thought I should call you......it's that door right there, can't you finger print it, or something?'


And his car was STILL unlocked!

Some folks are their own worst enemies.......job security, I guess.
I hate those stories! When I was rookie, as I'm coming on shift, we've got guys trying to catch a kid who'd been going into unlocked cars and was caught in the act. He gets away. A couple hours later, I get a call to the same street... A woman was up with her baby, and saw some kids trying to get into cars. The more she thought about it -- the more she thought that maybe she should tell someone. Ya think? Maybe had she called it in -- we'd have caught the kids!
You are correct about patterns, though. But I still won't report the $4.12 cents taken from my car because I left it unlocked because it isn't worth MY time and energy to have an officer play ineffective cleanup on my own stupidity. $4.12 is not worth the next hour of my life filling out a statement........it's a cost/benefit analysis for me, as a victim. It's cheaper to learn my lesson and keep my doors locked.

Now, if it happened in front of my house in the middle of the night, instead of at some park, or some convenience store (both of which I lock my car when i go in to)........i'd probably set up a couple of motion game camera's in my yard, and catch the little SOB's the next time they came through! But I was that way before I was a cop, and it's probably why I became a cop.......because I never need to call one myself.
I'm actually a fan of some of the easy, automated reporting systems for just that sort of a case. Log in or call the automatic number, follow the prompts, and generate the report. Minimal time, but the offense is still documented to help make those patterns.
 
Hey, a little pixie dust goes a long ways! So do photographs. So does taking the time to do a neighborhood canvas and knock on some doors.

I do remind them, however, that 99% of the car related thefts that occur in my area are from unlocked cars, and that means they can be prevented in the future if they will just.....lock their doors. ;)

Most of those who enter unlocked cars are young adult males who walk that area frequently, and it's a crime of convenience. Because they are on foot, they don't want to set a car alarm off or bring unwanted attention by busting a window, so they simply check to see if the door is locked, if it is, they move on.

Where there is a smash and grab, it's usually someone in a vehicle. If a specific item is taken, and nothing else in the area is touched, the victim has come in contact with the suspect, and they knew the victim had these items in their car.


I should be clear that I take those kinds of incidents that occur on my night shift VERY seriously, even as I question the judgement of folks who leave their cars unlocked. I take the criminals behavior personally, and we go out of our way to find them and shut them down. We usually catch them by doing field interviews of pedestrians in the middle of the night.
A few minutes with the powder -- or even explaining how it really works! -- does go a long way... And I'm a huge proponent of canvases. As I tell people when I do them, someone saw something that's going to be the key, and they're just waiting to actually be asked about it.

Larceny from vehicle IS typically a crime of opportunity, but there are several patterns to the suspects. People who routinely walk through are one -- but we actually have people traveling to hit our communities, too. Why? Rich pickings and lots of open doors. Same thing with the smash & grab; it depends on what's taken as to what inference you can make. Obvious electronics like GPS & satellite radios -- pretty common in my area. We've also got some fairly organized groups doing it, across the region.
 
I've got an issue with not reporting it at all; I've been investigating an ongoing series of larcenies from unlocked cars as well as the occasional related stolen vehicle because they left keys in it. (A few didn't even know they had a valet key in the car...) Reporting all of the vehicle tamperings (entered, ransacked, but didn't take anything) and larcenies helps to know the pattern and track their movement -- as well as identify a particular group's activities.

But be realistic: you leave your stuff unlocked, and it goes bye-bye... it's probably dumb luck if we get it back or catch the guy. And we aren't going to bring out the whole forensic evidence team over your pocket change.

And FREAKING LOCK YOUR CARS!!! Just 'cause you live in a nice neighborhood doesn't mean bad guys don't come visit. In fact -- they visit precisely because you're in a nice neighborhood with guard down and good stuff to steal!

An effective method for combating those vehicle larcenies is to have officers stop and talk to people walking the street in those areas in the middle of the night. Im not saying we grab someone and toss them on the hood and search them. Just stop and start a conversation and see what turns up.

Sometimes you turn up a thief, sometimes you at least generate a suspect, and sometimes you scare off the person who is doing it for a while. But then you get accused of trampling peoples rights..."what cant I walk the street at 3 AM??"..."This is because Im (X)"...."You have no right to stop me"..."Jackboot, you cant ask for my papers"..."This is ********! You guys stop me every night!!"

There is this expectation that we are supposed to "do something" about crime, but the only way people want to allow is for us to magically appear on the scene while the crime is in progress.
 
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