Tag: police

Scaring Students For Their Own Good

“I thought he was going to shoot me.”

That’s the text message that a mother received from her terrified child at Jewett Middle Academy in Winter Haven, Florida. But the child wasn’t describing a psychotic school shooter. It was a drill. As the local CBS affiliate reported:

Students at Jewett Middle Academy said they were terrified when police officers burst in the doors for a planned active shooter drill – but students and teachers are irked they were not told ahead of time.

Seventh-grader Lauren Marionneaux told WTVT-TV that when the officers burst into her class with an AR-15, she was in fear for her life.

“We actually thought that someone was going to come in there and kill us,” the station quoted her as saying.

In the wake angry protests from parents, students, and teachers, school officials explained that the secrecy surrounding the drill was necessary for the students’ safety:

“Unfortunately, no one gets an advanced notice of real life emergencies,” Polk County Public Schools spokesman Jason Gearey said in an e-mailed statement to The Washington Post. “We don’t want students to be scared, but we need them to be safe.”

They don’t want students to be scared, but unannounced active shooter drill is guaranteed to scare kids. Moreover, as Lenore Skenazy points out, such drills could actually put people in danger:

Of course, the authorities neglected to notice that no one sets the school on fire to create more realistic fire drills. Nor do they drag in giant wind machines to replicate the feel of an impending tornado.

The fear that teachers might suffer heart attacks, that kids might experience psychotic breakdowns, that someone with his own weapon might shoot real bullets in defense—none of that seemed to occur to our peacekeepers. Nor did the notion that distraught parents might race frantically to the school, endangering anyone in their path.

No, these cops were so focused on the most horrific, least likely crime that nothing else mattered.

School shootings are every parent’s worst nightmare, but fortunately they are exceedingly rare. As I explained back in September, fewer than one in 10,000 schools have had a shooting in the last two years, and fewer than one out of every 2,273,000 students per year are killed at school including all types of violence, not just shootings. By contrast, according to National Geographic, the odds of being hit by lightning in a given year is one out of 700,000.

Some experts have also questioned the efficacy of unannounced active shooter drills. In the Wall Street Journal, a former SWAT officer who conducts seminars to teach civilians how to deal with mass-shooting scenarios panned the idea: “There ends up being zero learning going on because everyone is upset that you’ve scared the crap out of them.” The Journal also reported several other instances of drills gone awry. In one drill at a nursing home, a police officer posing as an armed intruder forced a nurse into an empty room at gunpoint where “she tearfully begged for her life.” She was so traumatized that she quit her job. Other drills also left civilians traumatized or even physically injured:

The confusion that sometimes ensues during drills also can have unintended consequences. In March, a teacher in Boardman, Ohio, filed a lawsuit against local police and school officials, claiming he was unexpectedly tackled by a police officer during a drill at a high school, seriously injuring his hip and shoulder.

Jesse McClain, 60 years old, had volunteered to participate and was playing the role of a “panicked parent” when the officer tackled him without warning, his lawyer, John O’Neil, said. Boardman Township’s police chief and the superintendent of the town’s school district declined to comment on the incident, citing the lawsuit.

In Florida, a woman filed a complaint in March with state officials on behalf of her sister, a Fort Walton Beach nurse, over a drill at an Okaloosa County Health Department office. According to the complaint, employees weren’t informed about the drill, which involved a police officer firing blanks, and many were “hysterical, crying and shouting.”

As with fires and other hazards, it is important for schools to be prepared for an emergency. But policymakers must keep things in perspective. Keeping kids safe does not require terrifying them.

Indiana Police Chief: Legalize Marijuana

From WFPL News:

The leader of Indiana State Police says he has no objection to legislative efforts to ease penalties for marijuana possession in the Hoosier State.

When asked about the drug in a budget committee meeting, ISP Superintendent Paul Whitesell said he’s spent some 40 years trying to enforce various marijuana laws.

“It’s here, it’s going to stay, there’s an awful lot of victimization that goes with it. If it were up to me, I do believe I would legalize it and tax it, particularly in sight of the fact that several other states have now come to that part of their legal system as well,” he said.

There is a wonderful organization called Law Enforcement Against Prohibition (LEAP) that keeps growing  and growing.

As Central Falls Falls

The New York Times has an article today on the plight of Central Falls, Rhode Island, a 19,000-population industrial city that may declare bankruptcy under the fiscal weight of $80 million in pension obligations for police and fire officers. Unlike some coverage of municipal fiscal woes, this one does not dance around the way some of the problem originates in misguided labor policy:

The city, just north of Providence, is small and poor, but over the years it has promised police officers and firefighters retirement benefits like those offered in big, rich states like California and New York. These uniformed workers can retire after just 20 years of service, receive free health care in retirement, and qualify for full disability pensions when only partly disabled.

“Promised” is a word of art here, because the city wasn’t really making all of these concessions on a voluntary basis, as its negotiator explains:

state law called for binding arbitration, which for many years was a clubby process that emphasized comparable benefits all across the state more than any city’s ability to pay.

“Binding” arbitration, just to be clear, does not mean that the city agreed beforehand to settle disputes with the unions by way of arbitration; it means that state law imposed an arbitrator’s edict whether city managers ever signed up for the arbitration route or not. It thus differs from the contractually specified arbitration upheld lately in consumer contexts by the U.S. Supreme Court in AT&T v. Concepcion, a decision assailed by many of the same politicos who see no problem with genuine mandatory arbitration in the labor context.

The crisis in municipal finance wrought by binding public-sector arbitration and related laws comes as no surprise to readers who remember Cato’s excellent 2009 study “Vallejo Con Dios: Why Public Sector Unionism Is a Bad Deal for Taxpayers and Representative Government” by Don Bellante, David Denholm, and Ivan Osorio. (The California city of Vallejo declared bankruptcy in 2008 following the failure of negotiations with police and fire unions over unsustainable compensation.)

One point the otherwise thorough Times article omitted: many politicians in Washington have worked for years to impose a Central-Falls-like legal climate on states and localities lucky or farsighted enough to have avoided one in the past. During last fall’s lame duck session, then-Majority Leader Harry Reid (D-Nev.) tried to push through the truly appalling Public Safety Employer–Employee Cooperation Act, which not only would have forced police and fire unionization on reluctant states and localities but also provided that in case of impasse (quoting Heritage) “States would have to provide a dispute resolution mechanism, such as binding arbitration.” And the misnamed Employee Free Choice Act (EFCA), a priority of President Obama during his first years in office, would have imposed binding arbitration on the private sector. Central Falls may now be hurtling toward the waterfall, but how many other communities are just one political shove away from plunging into the same fiscal rapids?

The Federal Government’s Police Power

Last week, after I responded to Akhil Amar’s op-ed that defended, in an uncharacteristically unthoughtful and ad hominem way, the constitutionality of the individual mandate, a reader suggested that Amar’s argument – particularly that “breathing is an action” that Congress can regulate – reminded him of that Police classic, “Every Breath You Take.”  What’s ironic about this suggestion, perhaps inadvertently, is not only the invocation of “breathing” but that the whole Obamacare battle boils down to competing views of federal power:  Does the government have a general “police” power or is its authority limited to that finite set of powers listed in the Constitution?

And so, without further ado, here’s how the song would look updated for 2011’s favorite constitutional debate (with apologies to Gordon Sumner aka Sting):

Every breath you take
Every move you make, or
Decide not to take
Even when you flake
We’re mandating you

Every single day
Every word you say
Every game you play
Even if you stay
We’re coercing you

O don’t you fuss
You belong to us
How we regulate every step you take

Every move you make
Every vow you break
Every smile you fake
Every claim you stake
We’re mandating you

The Constitution’s lost without a trace
Since ‘37 we go every place
Limits on government you can’t replace
Got rid of those so we’re always in your face
We’re commanding you, no saying please

Every move you make
Every vow you break
Every smile you fake
Every claim you stake
We’re mandating you

Seattle Cop Caught on Tape

A Seattle police officer was caught on tape kicking a man who was lying face down on a sidewalk with his hands already handcuffed behind his back.   Whether the off-duty cop was drunk and badgering some women, as some witnesses claim, would make the incident even worse–because the handcuffed “suspect” may well have believed he was coming to the woman’s defense from some creepy guy.  In any event, kicking handcuffed persons who are not doing anything is unprofessional and illegal.

Cato held a forum on filming the police and that event can be viewed here.

Giving Cops Bad Incentives to Harass Victimless Behavior

The Washington Post has an interesting report about the huge amount of money that Fairfax County spends to go after gambling. The story cites critics who ask “why law enforcement spends valuable time and money on combating sports gambling. The answer is obvious – and explicit in the story: “…police in Virginia are allowed to keep 100 percent of the assets they seize in state gambling cases.” In other words, harassing the gambling business is a profit-making endeavor for police. And it also can be deadly since cops killed an optometrist during a SWAT arrest. The Institute for Justice has a powerful video on the dangers of “policing for profit,” and Fairfax County is just one bad example of how this lures cops into misallocating resources to fight behaviors that shouldn’t even be illegal.

It’s football season, and for millions of Americans that means betting season. …It’s a crime that Fairfax County police take seriously. So seriously that in one recent gambling investigation, they spent – and lost – more than $300,000 in cash to take down a Las Vegas-based online bookie and his group of Fairfax-based associates. …Police critics have long wondered why law enforcement spends valuable time and money on combating sports gambling. …Unlike drug cases, police in Virginia are allowed to keep 100 percent of the assets they seize in state gambling cases, so other agencies or divisions receive no benefit. And the vast majority of those arrested are placed on probation. “What a waste,” said Nicholas Beltrante, founder of the Virginia Citizens Coalition for Police Accountability, a group formed earlier this year in part to combat unnecessary police spending. “The police should be utilizing their resources for more serious crimes.” Fairfax’s most notorious gambling investigation ended in disaster. In 2006, an undercover detective lost more than $5,000 while betting on NFL games with optometrist Salvatore J. Culosi – and when the detective called in a SWAT team to make the arrest, an officer shot Culosi once in the heart and killed him. …Since 2004, the squad has seized about $1 million in cash and assets annually, but some of those cases landed in federal court, where money is divided among various agencies, Schaible said. …One case from 2006, that of admitted bookmaker Kyle Peters, resulted in police seizing and keeping $566,940 from his bank accounts.

Cops and Cameras: The Future of Policing

The USA Today editorial board is criticizing the use of state wiretapping laws to prosecute citizens who tape on-duty police officers. I have written on this extensively: here, here, here and here. The editorial joins the Washington Examiner and Washington Post in this critique.

USA Today’s opposing view (presented by two AFL-CIO police union officials) provides this comment:

In today’s environment, police officers have to assume that every action they take is captured on tape, somewhere. They must be comfortable that everything they say or do in the course of their duties may be shown on the 5 o’clock news.

Our problem is not so much with the videotaping as it is with the inability of those with no understanding of police work to clearly and objectively interpret what they see. Videotapes frequently do not show what occurred before or after the camera was on, and the viewer has no idea what may have triggered the incident or what transpired afterwards.

This is often true. The recordings that prompt public outcry are sometimes “gotcha” moments where the camera only captures the use of force with no context.

Here is an example from Maryland that shows officers arresting a woman during the Preakness Stakes. At the end of the video, an officer says to the person recording the arrest: “Do me a favor and turn that off. It’s illegal to videotape anybody’s voice or anything else, against the law in the state of Maryland.”

As the USA Today editorial notes, this is a misreading of Maryland law that is kept alive by the prosecution of Anthony Graber and others who record the police. My commentary on the issue is here. As Carlos Miller points out, Maryland prosecutors come to different conclusions about the scope of the state’s wiretap law.

The real problem (besides the fact that the officer is misstating the law to prevent public accountability) is that the officer felt it necessary to stop the filming in the first place. This arrest was justified. The woman bleeding on the floor assaulted another patron, and when two officers responded to the incident, she assaulted them as well. This was a justified and necessary arrest. Whether the level of force was justified is another question, and one that is harder to assess because there is no recording of it.

Here is the solution – officers recording the incidents:

A handful of police departments already have their officers wearing video and audio recording devices. While I said a while ago that gun-mounted cameras are a good tool for police transparency and accountability, this head-mounted camera is a better option. It captures the prelude to the use of force, and doesn’t provide an incentive for the officer to draw his or her weapon sooner to get the event on film.

This is the future of American law enforcement. Departments will embrace this technology because it is a defensive measure against public outcry over the next “gotcha” video filmed with a cell phone and potential lawsuits. Law enforcement agencies will release their own footage of high-publicity events to show that their officers were complying with department guidelines on the use of force. The presence of a camera in an interaction between a cop and a citizen may also serve to keep behavior more civil since both parties know that the world is watching.

In 10 or 15 years, this technology will be ubiquitous just as police cruiser dashboard cameras are now, and law enforcement officers and the public will be better off for it.

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