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  • “If what the FOP reported is wrong… prove it.”

    That’s from the Sun. The FOP riot report is good. Well done. And based on everything I’ve heard from police officers, true. It’s proofread and a surprisingly well put together package (the whole “issue” and “recommendation” and “references” thing).

    Keep in mind this is coming from a local FOP chapter that misspelled my name on my membership card…

    It’s actually rare I find myself agreeing wholeheartedly with police unions. (See, for instance, here and here and here.) But this isn’t the first time I’ve been impressed with the minds and writing ability of Baltimore’s FOP Lodge 3.

    I’m not going to summarize their report. (If you care enough, just read it.) Overall, it’s a very damning report of poor police leadership and a police organization that let down both its workers and the citizens of Baltimore. But I will say this: if you instinctively don’t believe anything coming from a police officers’ union, just pretend the report was written by the local chapter of the ACLU or something. You’d be surprised how much of this report can pass that test.

    Here’s what the Sun has to say [I’ve added selective bolding]:

    The FOP has had a legacy of tension with Mayor Rawlings-Blake…. It is in that sense not necessarily the ideal entity to take on the task of analyzing how she and her police commissioner, Anthony Batts, handled an event that left many officers literally and figuratively wounded. The mayor pounced on that history to discredit the report as “a trumped up political document full of baseless allegations, finger pointing and personal attacks.” (Speaking of personal attacks, the statement accuses the FOP of “choosing to be their lesser selves.”) But the assertions the union makes about what instructions officers were given and how they were trained and equipped are too specific and detailed to be dismissed so easily.

    And this (keep in mind this is from the Sun and not the FOP):

    The FOP’s report is based on interviews with police who were on the front lines, focus groups and surveys…. But it is rich for the mayor’s spokesman to tut-tut that “the FOP continues to issue baseless and false information instead of working with us to find solutions that will protect our officers.” The FOP filed a Public Information Act request for reams of information that could have shed some objective light on the situation — tapes of radio transmissions, emails, text messages and the like — but the city has handed over very little of it.

    This report has its limitations and biases, but more than two months after the fact, it’s the only report we’ve got. Neither the police nor the mayor’s administration have issued anything like a comprehensive assessment of what happened on those nights of violence, and a third-party review by the Police Executive Research Forum is only slated to begin today. If what the FOP reported is wrong, Mayor Rawlings-Blake and Commissioner Batts need to prove it.

    Oh…. did I hear the Sun just go “snap”?

    But seriously, bad leadership has consequences. There are problems with the whole Rawlings-Blake administration. She is not up to the job of running Baltimore.

    It’s also worth reading this Baltimore Sun editorial in its entirety. (Note the story of the stolen bike and the closed station. In covering all these events, kudos to the Sun and their soon-to-be Pulitzer-winning ace reporters for living up to the paper’s “Light For All” motto.)

    [Update: I just learned the FOP report was put together by a consultant firm. That makes sense. Still though, kudos to the FOP for knowing their limitations and not trying to do it in-house.]

  • The next boss

    The next Baltimore police commissioner really needs to be home-grown. Why not Lt. Col. Melvin Russell?

  • Batts is out!

    I just heard the news.

  • “Conservator of the peace”

    “Conservator of the peace,” you say. I was skeptical about how/if Mayor Rawlings-Blake could legally declare a curfew in Baltimore. Turns out she can:

    Circuit Judge Paul Alpert determined that a curfew was within Rawlings-Blake’s powers as a “conservator of the peace.”

    The powers of that title are not clearly defined in the city charter or state law, but City Solicitor George Nilson has said there was “substantial supportive authority” for a conservator of the peace to impose a curfew.

    While the curfew could be imposed, the judge dismissed the charge because he found that there was no established penalty for a curfew violation.

    Baltimore Deputy Public Defender Natalie Finegar argued that only Gov. Larry Hogan had the authority to impose a curfew, and the mayor needed City Council approval.

    During the riots that followed the assassination of Martin Luther King Jr. in 1968, Gov. Spiro Agnew imposed a citywide curfew at the request of Mayor Thomas D’Alesandro III. The Maryland Court of Appeals, the state’s highest court, later ruled that once the governor declared a state of emergency, “control over the citizens of Baltimore, in our opinion, lay in the hands of the governor of the state.”

    But a curfew imposed in 1979 by Mayor William Donald Schaefer after a massive snowstorm was upheld by a district judge, who found it was part of his powers as a “conservator of the peace.” People arrested for violating that curfew were sent to jail.

    Legally and substantively, is a curfew the same as martial law?

  • “Stay Out of Downtown For Now”

    Remember when Batts and the mayor said nobody ever told the cops to “stand down” during the riots? Well people who were there know they were lying.

    Well here is at least one order telling officer not to engage.

  • summertime reading / to explain legal issues / haikus for police

    Cops are famous for having short attention spans. Who wants to read a whole book? Or article? Or legal bulletin? And since twitter is perhaps the worst place in the world to give legal lessons or any nuance, I thought I’d give it a try. Given the limitations of 140 characters, naturally I used haikus:

    don’t be so certain

    if you say “I know my rights!”

    you probably don’t

    must “articulate”

    “reasonable suspicion”

    for a “stop” or “frisk”

    it’s more than a “hunch”

    “reasonable suspicion”

    from Terry, says Court

    but “more than a hunch”

    and “less than probable cause”

    is still kind of vague

    In Terry, Court said

    “frisk” for “officer safety”

    “patdown” “outer clothes”

    In Terry, Court said

    “frisk” for “officer safety”

    patdown “outer clothes”

    4th amendment says

    police need “probable cause”

    to “search” or arrest

    hands in pants’ pockets

    can be an illegal “search”

    too common and wrong

    unless police have

    “probable cause” for bad stuff

    based on “plain feel”

    see hear smell or touch

    if cops are legally there

    It is all fair game

    the legal standard

    “beyond a reasonable doubt”

    only applies in court

    minor B.S. can

    give police “probable cause”

    smart cops will use it

    with arrest comes search

    called incident to arrest

    oh, the game is rigged

    you hope for the best

    if you search and find nothing

    let the person go

    contraband is felt

    “plain feel” gives “probable cause”

    in a legal “frisk”

    running *is* legal

    (illinois versus wardlow)

    but you can be “stopped”

    warrant exceptions

    despite the 4th amendment

    are easy to find

    “inventory” car

    “search incident to arrest”

    “within lunging reach”

    “consent” is OK

    happens much more than you’d think

    courts kind’a hate it

    even when legal

    a “stop” isn’t an “arrest”

    so it can’t take long

    “Miranda” kicks in

    only when questioned / can’t leave

    not part of arrest

    despite their urging

    don’t tell cops about your crime

    they will lock you up

    but telling the truth

    can bring about leniency

    from cops used to lies

    am I being “detained”?

    won’t make friends… but fair to ask

    if no, walk away

    legally what counts

    is the “totality of

    the circumstances”

    when cops use language

    that doesn’t come naturally

    They’re quoting the Court:

    “immediately

    apparent” / “furtive gestures”

    (whatever that means)

    leaves fall in autumn

    police work goes on and on

    until the pension…

  • What if the messenger actually is a bit to blame?

    The BBC has a story about Michael Wood and his reporting of police wrong doing.

    I still don’t doubt the truth of what he says he say and participated in. That’s important. As to his character or motives, nobody outside of policing really gives a damn what they are or if Wood was a good police officer or not.

    Wood makes some very good points. Points that need to be made. So good on him for making them! These are all from his twitter feed:

    Guess what will happen if police act super courteous while being filmed? Would get boring huh? Kill em w/ kindness, duh.

    Of importance is that, because of the culture, nearly any BPD officer could have been involved in Freddie Gray, that’s the shock they have.

    PC Batts has been feeding you BS from day one, research what he says. Is it true? Does he carry out?

    7pm-3am shifts with 9am court, destroy your sanity, your family, your life.

    [It’s wrong to place] people in a situation where they can choose either a 6 month guilty plea or face 20+years in prison.

    These things need to be heard more. And right now people are listening to Wood.

    But people are most interested in the bad and illegal things Wood saw and did.

    It’s one thing, as a young cop, to go along with the flow or not report on bad behavior. I’m not saying it’s good. But it’s understandable. It’s one thing to decide six years after your last arrest that something needs to be said. That’s even understandable.

    But at some point you can’t just admit that bad things you did and hold your head high. Wood says this in the BBC story:

    I was a shift commander [VCID, I would guess, known as “Impact” in my days] and I told the shift that when you go out there doing car stops: “I don’t want to see you stopping an old lady – this is Baltimore! You stop 16-24 year old black males.” Why? Because 16-24 black males are the ones who commit all the crime.

    Seriously? What the fuck?!

    You’re not some great whistleblower if you blow the whistle against yourself. That’s called confessing to your crimes. Look, I’m glad Wood if has matured and no longer says racist or anti-semetic comments. But as Chris Rock once said, you don’t get credit for shit you’re supposed to do!

    To be clear, I don’t mean this as a personal attack on Wood. If Wood is using himself as Exhibit A for a messed-up system, more power to him. There is a problem not just with individual people but with a system that allows a supervisor to issue such racist illegal commands. There’s a problem with a system that allows people to get through the academy no matter what they do. There’s a problem in a system that thinks their way is the only way. But when you want to change and improve that system, attack the system. Attack those who do wrong. But you shouldn’t besmirch others by thinking your own malfeasance is typical.

    My shift supervisors never told us to stop black men. I was never encouraged to conduct an illegal search. I didn’t conduct illegal searches. Though like Wood, I saw many cops’ hands unconstitutionally empty pockets. Also like Wood, I wrote about this (in Cop in the Hood) and mentioned it whenever I could. (“But do they call me Pierre the Great Whistleblower? Non.”)

    Now I and those in my squad were not angels. But I never heard of a cop taking a dump in a home. Nor did I witness cops slapping anybody. I didn’t see a handcuffed man get beat by police (I did see that happen once in CBIF, but that’s another story). There is a pretty hard and fast rule that once the cuffs are on, the fight is over. That said, if you are going to criminally assault a prisoner, you would certainly want to assault somebody else’s prisoner!)

    So what’s different about Wood? Best I can tell:

    1) Wood was a cop longer than I was;

    2) Wood was in a specialized drug squad that did more bad stuff;

    3) Wood actually did more bad stuff. And like attracts like.

    Kind of related, and this is one of the few good things I’ve heard Batts has done as chief, but the worst offenders were demoted from specialized units. Rumor has it that complaints against police dropped 40 percent. Of course what happened to these obnoxious cops? Most were just sent back to patrol to be bitter and pissed off at even less criminal citizens.

    My sergeant (who never went to college) could articulate the legal distinctions between a stop and an arrest, between a frisk and search, and between reasonable suspicion and probable cause. Why can’t others? Also, he never took a day of medical.

    Update here:

    What if the messenger actually is a bit to blame?

  • Homicides down in Baltimore (but still up)

    You know how all them criminal justice “experts” say it’s inevitable that homicides go up in the summer? Well for at least the second year in a row, homicides in Baltimore are down, June compared to May.

    After the riot, homicides more than doubled.

    Pre-April 27, 2015: 0.58 homicides a day.

    April 28 – May 31, 2015: 1.44 homicides a day.

    June 1 – 29, 2015: 1.0 homicide a day.

    Before the riots, homicides were up in Baltimore about 30 percent compared to 2014.

    Post-riot, Balto homicides are up about 75 percent compared to the same time last year. Shootings even more so.

    42 people were killed this year in May, but no, “regression to the mean” is not inevitable when it comes to people killing each other. Not included a body or two dropped tonight, the good news, I suppose, is we’re down to just 1 murder each and every day.

    Of the 144 people killed so far this year in Baltimore: 131 are male, 127 are black, 122 were shot. 104 victims, 72 percent of the total, win the trifecta by being all three.

  • Legal Robbery

    Meanwhile, civil forfeiture continues. You know, where government agents just come and take your money. Why? Because they can.

    Charles Clarke was questioned because the U.S. Airlines ticketing agent told police that his checked luggage had a strong odor of marijuana. When his money was confiscated, Clarke had no guns, drugs, or any contraband on him or in his luggage.

    According to the affidavit, this is what gives probably cause to steal $11,000 from a citizen:

    Travel on a recently purchased one-way ticket;

    inability to provide documentation for source of currency;

    strong oder of marijuana on checked luggage;

    positive hit by drug dog.

    Eleven law enforcement agencies want a cut of his money:

    in Charles Clarke’s case, agencies stand to receive payouts even though they had nothing to do with the seizure. “Law enforcement agencies are just scrambling to get a cut of the money and it has nothing to do with legitimate law enforcement incentives,” said Clarke’s attorney Darpana Sheth. “It’s more about policing for profit.” The small amounts that most agencies requested — just a few hundred dollars — represent what Sheth calls the “pettiness” of much of civil asset forfeiture. “It’s really just the money, its not anything else that’s driving the request,” she said.

    According to the Federal Aviation Administration, passenger departures at CVG [the airport] have dropped by about 75 percent since 2005, from a high of roughly 11 million down to fewer than 3 million in 2013. Over the same time, the total amount of cash seized at the airport has increased more than sixteen-fold, from $147,000 to $3 million in 2012. So in stepping up their seizure efforts, authorities at the airport are squeezing more cash out of fewer passengers.

    So Clarke has to hire a lawyer to prove the innocence of his money. The case is titled: “United States of America v. $11,000 in United States Currency and Charles L. Clarke, II.” I doubt he’s going to win.

  • Low Morale

    The NY Post reports an NYPD study that says: “More than half of city cops have bad feelings about being a police officer because of their bosses.” It goes on:

    The findings also revealed 85 percent of cops feared being proactive on the street because they are wary of civilian complaints.

    More than two-thirds say they have not taken lawful activity against criminals because they feared being sued.

    Only 15 percent of cops thought they were trained well in crisis intervention and 18 percent in management.

    The highest training rating was given to firearm training — and even that was at only 50 percent. Only a third of cops thought they were trained well in officer safety.

    And training in both investigations and domestic violence was also rated badly, at a pitiful 26 percent.