Never tell people how to do things. Tell them what to do and they will surprise you with their ingenuity.
George S. Patton
In a previous article, I discussed the concept of “field tagging” of narcotics. An officer, needing to handle a higher priority issue, takes an illegal narcotic (e.g. a crack rock) and destroys it, freeing his time for higher priority issues (In my case, a search for an aggravated robber).
In the past, when I’ve pulled over a drunk driver, I would make a judgement after the initial investigation. If the driver was young, but otherwise had no issues in his past (no tickets, no other crime or DWIs), I might “use some discretion” in my application of the law (many cops out there know what I’m talking about). In one case, I gave a highly intoxicated 19 year old woman a few tickets, and told her, “You can go to jail, or pay that truck driver to tow you home….” She decided on the latter.
Results? I took an impaired driver off the road quickly, I was freed to handle other issues on a busy shift, the driver got the fear of God put into her by the cops and her dad (according to the tow truck driver, dad was not happy with his child and counseled her at home), and this young lady was saved from a criminal record at the beginning of her adult life.
I bring his specific example up because of a very heated discussion I had with an army friend over the police shooting of Rayshard Brooks in Atlanta GA. He was angry as to why the officers simply didn’t let another person drive him home, let him take a cab, or even leave the car there and drive him home (yes, more than a few cops have played taxi driver over the years).
The answer he didn’t expect, in all caps to emphasis: BECAUSE OF PEOPLE LIKE YOU!
Back to my incidents, this was all BC, Before Cameras. As my previous article mentioned, use of Body Worn Cameras has reduced a lot of complaints against officers, made both cops and others more pleasant, and helps in numerous other ways. That being said, it has also eliminated our discretion on the scene.
Back to my friend and the Brooks shooting, he was a proponent of BWCs. However, he didn’t understand because of them, cops cannot diverge from police policy. Across the country, many agencies are not allowing officers to handle DWIs by other than arrest and charges. And if the officer does take actions not in accordance with department policy, it can be very bad news for the cop. Suspension or termination. I know of two LEOs fired in the last five years, after not following department policy on DWIs. One incident was discovered when the cop’s supervisor was conducting a routine BWC review of the man’s videos.
This is one of many ways localities and states are restricting the options of LEOs, particularly cops on the beat. Recently, the Chicago Police Department revised their pursuit policy:
Chicago unveils foot pursuit policy following police shootings
CHICAGO — The Chicago Police Department on Wednesday announced a new foot-pursuit policy that officials say makes the safety of officers and members of the public a priority…
Among its rules, the new policy prohibits foot pursuits for minor traffic violations, bars officers from separating from partners if they can’t see the person they’re chasing or if the officer or the person is injured. Under the new policy, the chase must end if the officer has lost track of their location or their surroundings, if there is too much distance or obstacles between the officer and the person they are chasing, and if they will not be able to control the subject of the chase in a confrontation…
I don’t see “safety” of the public or officers as a “priority,” but I do see this was developed by someone who doesn’t know the streets. “Minor traffic violation?” Please define that. You run a red light and don’t hit a car, that is “minor,” but you run the red light and t-bone another vehicle, does that justify pursuit? If my partner and I chase the suspect, he runs behind a building, we can’t pursue on both sides to cut him off? What if the suspect is “injured,” but the officers don’t know that ‘til if/when he’s caught? According to this policy, the officer can be disciplined for trying to take a suspect into custody. Really encouraging assertive law enforcement operations their Mayor Beetlejuice. Actually, she’s encouraging the thug class to run every time, knowing the chance of the police chasing him is practically nil. But wait, there’s more.
In addition, officers must first consider if the need to apprehend a suspect is worth the risk to the officer, the public or the subject before a foot pursuit takes place. The policy also says officers can pursue people on foot only if they have probable cause the person committed a crime or believe that they’re about to commit one…
First, so we’re all on the same sheet of music, a definition of probable cause:
Probable cause is a requirement found in the Fourth Amendment that must usually be met before police make an arrest, conduct a search, or receive a warrant. Courts usually find probable cause when there is a reasonable basis for believing that a crime may have been committed (for an arrest) or when evidence of the crime is present in the place to be searched (for a search).
A unit arrives on a scene, someone is bleeding and screaming, they cannot answer simple questions like, “Who did this to you?”Officers Malloy and Reed see a man start to run off. Do they have probable cause at this moment? No, they have just arrived on the scene. What do they have? Reasonable suspicion. Another definition.
An objectively justifiable suspicion that is based on specific facts or circumstances that justifies stopping and sometimes searching (as by frisking) a person thought to be involved in criminal activity at the time.
Prior to this new “policy,” the officers could pursue, detain the person, bring him back to the scene, and conduct an investigation. If he is the suspect, you can continue the investigation, and if it develops into probable cause, arrest him. If he was not a suspect in the crime, document his information, verify he is not wanted in other cases, and release. If after running his identifying information, you find he is wanted in another crime, you can arrest him based on that warrant. Beetlejuice, see how the process works?
…Police officers must activate body worn cameras for every foot pursuit…
…Superintendent David Brown said officers had been using the strategies during foot chases, but making the strategy a written policy would make officers subject to disciplinary action if they violate it…
And therein lies the rub. In case you missed it sir, your officers don’t trust you or the Mayor, for good reason. You can’t be trusted. By your actions you are preventing your officers from using their training, experience, knowledge, and judgement to handle a crime. You can’t put a one size fits all template on patrol operations, and then tell your officers, “Violate this and you will be punished.” They need to make decisions on the scene, and you sir are taking away every option they have.
I can tell you what will happen. Patrol officers will play it very safe, go by the rules, write a report, and let someone else deal with it. Their department has said you cannot patrol, enforce the law, handle the initial investigation without being a target for suspension or worse. And who will pay for it? The people in the neighborhood when the crime is committed. After all, with city leaders like Mayor Beetlejuice, what do the criminals have to worry about?
Michael A. Thiac is a retired Army intelligence officer, with over 23 years experience, including serving in the Republic of Korea, Japan, and the Middle East. He is also a retired police patrol sergeant, with over 22 years’ service, and over ten year’s experience in field training of newly assigned officers. He has been published at The American Thinker, PoliceOne.com, and on his personal blog, A Cop’s Watch.
Opinions expressed are his alone and do not necessarily reflect the opinions of current or former employers.
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Lazy officers can use a standard procedures manual to justify the lack of enforcement activity. The Chicago model allows the lazy to flourish, and requires those with initiative to use all of their creativity just to be minimally productive.