Story One of the Safe-T Act

 

This fine young gentleman had a hammer in his backpack and walked down Golf Rd, breaking out the back windows of multiple cars.  He hit Schaumburg for 80 different cars, and what the article does not mention, he also hit our town for at least 60 more (business parking lots), that we know of; a lot of the owners didn't bother to report it since there will never be restitution made.  So this is where the current system succeeded.  He could not post bail and had to stay in lockup for the weekend until he could attend bond court.  He could have been charged with at least 140 Criminal Damages to Property-all felonies.  He is only 20 years old and has a serious criminal history.  When he was staying with us, he was unable to victimize anyone else, at least for the weekend.  He, of course, was immediately released without having to post bond on electronic monitoring, when he got to bond court.  So he is now free to go berserk once more.  He is also extremely mentally ill, but since he refused all offers of aid and did not say in any officer's presence that he was going to kill himself, no one could compel him into the hospital for mental evaluation (a discussion for another time).

Had this occurred after January 1, 2023, we could not have held on to him.  The second he was captured and processed, he would have to be released and given a notification to go to court.  The number of victims does not come into account, and worse yet, this would be considered a non-violent crime since it is CDP.  He then would have the ability to go take out another 80 cars, be arrested, bonded out, rinse and repeat over and over.  One of the falsehoods that supporters of this bill are saying is that we have the ability to contact the on-call emergency judge and get a writ and hold him over for a pre-trail hearing.  The problem in Cook County District 3, is good luck in getting a hold of that judge; in emergency situations in the past (homocide, kidnapping, and sexual assault), we have sent a car to his/her home to wake them up.  Are we going to do that for a property crime?  It is a non-violent crime, and the judge, knowing that at the pretrail hearing, he will be immediately released on electronic monitoring (will discuss the 24 grace period with that later).  Further, how long can we hold onto a prisoner, where he is eligible for release, to dig up a judge and get the paperwork completed to hold him?  I see a lawsuit right there, "officer, you could have released my client immediately after processing, but you determined he was a threat to the public, so you held him for two hours in order to contact a judge?"  What if the judge doesn't grant it?  Then I illegally detained him for an extra two hours?  There is literally no process in place to address this.  So what are the perimeters to get him held, 80 cars, 140 cars, 2000 cars?  How many victims are needed before his supposed injustice of not being able to post bond is overcome?

Here is a brief list (and certainly not complete) of some of the extreme crimes that they will be immediately released:

Aggravated Battery

Aggravated DUI

Aggravated Fleeing and Eluding

Arson

Burglary

Drug-Induced Homicide

Intimidation

Kidnapping

Robbery

2nd Degree Murder

Threatening a Public Official

Nearly All Drug Offenses

The question is still in place how many of these crimes must be committed in a row before we can take the risk of holding a prisoner that could normally immediately hit the street, how long do we have, and what the point if even we get that writ, he goes to bond and is immediately released on electronic monitoring.

Safe-T act is only about making it safer for offenders to make new victims.

Charles Barkley-You gotta love him...

I was listening to sports radio, Tuesday, while on another marathon vehicle surveillance (can't feel me knees anymore) when an interview came up with basketball legend/Michael Jordan confidant/TNT announcer, Charles Barkley.  Since it was with ESPN radio, the sycophantic sportscasters were gushing all over him and pushing the TNT broadcast that he would be on.  They asked the enviable question concerning his contribution to  Basketball and American society in general.

Charles said this, "I am just an entertainer.  I always say that there are only five real jobs.  Doctor, Police Officer, fireman, teacher and the military.  The rest, while nice, aren't necessary.  I am an entertainer.  I hope that for a few hours I can let people get away from their problems but my job has never been important."

Wow, can't argue with that.  I wish the rest of society would wind that swiftly into the clockwork in their heads.  But my hopes are not high.



Ephesians 4:11
So Christ himself gave the apostles, the prophets, the evangelists, the pastors and teachers,

Addendum:  I wish I could fully embrace Charles except for the: drunken driving, gambling problems and driving around looking for a "blow job" (Dec 31, 2008).

 

Some Brief Memorial Videos from DC

Wow been gone longer than I thought away from the blog...won’t happen again. Here are some brief cell phone videos I took while at the police memorial at Washington DC in 2010 for the candle light vigil. I know shaky –cam but it tells some of the story.  It quickly becomes sobering when you pass all our fallen brothers' and sisters' names chiseled into the stone.  Everyone please be safe out there.

Missed Good Friday Services

One of the negatives in a career in law enforcement is also one that you can be told about but until you experience it you truly do not understand it.  The general public quickly forgets that policework is a 24 hour seven day a week commitment. Case in point, we were finished with the week and it looked like Friday would be a quick paperwork day running into the Easter weekend. As a result I made plans with the family to attend Good Friday services at Harvest Bible Chapel. So as these things go, right when I was walking to my car to go home we got called out and my family had to attend church without me and also as these things go we finished just at the right second that I would not be able to scream out of the area and make it while services were still in progress.

Missed family time is one of the prices that Officers pay to keep everyone else safe.  It is also one of the reasons this profession has the highest divorce rate.

Real Serious Ramifications for Law Enforcement

This ruling was just brought to my attention.  If this is carried through to other rulings or is supported by the US Supreme court-an officers job just got much more dangerous and extremely complicated.

 Three things to note about this.  First every case that shocks the very foundations of law enforcement started with some ridiculous incident but then is applied to all situations that are not crazy or stupid.  The elements of the case while important should not be the focus what the new standard for the affirmative defense given to the charges  of Resisting an Officer/Obstructing an Officer etc.  Second the biggest concern for law enforcement is the statement of  a right to self defense if unlawful imminent use of force is about to be brought to bare.  So the officer comes to a burglary to residence in progress and confronts the burglar.  It is standard practice to have your weapon drawn till you can determine if the burglar is armed or not.  So as I am reaching for my firearm, the burglar sees this, pulls his firearm and shoots me, because he knew as a reasonable person it would not take deadly force to affect his arrest.  So now he has a new defense that was never available to anyone before.  Third, the most training I have ever received and will be continuing to receive is on Use of Force.  It is a extremely complicated concept that has to be applied in seconds in a dynamic situation.  What is reasonable use of force for the average man or woman without any training?  You can attack me because I did not give you the verbal order a forth time?  I need to order you to put down your weapon before I can draw mine?  Read the summary below and if you want a deeper treatment follow the link.  This is a very troubling development.  We ask enough from our officers but it seems that mind reading will now be taught in the police academy.

State v.Oliphant and the affect on Oregon law enforcement.

The Multnomah County Sheriff's Office (Portland Metro) recently sent out a memo regarding a resisting case (State v. Oliphant) and the affect on Oregon law enforcement. In essence the ruling says:


"An arrestee may defend himself against a police officer's use or imminent use of force if the arrestee believes, as much as a reasonable person in his position would believe, that the officer's use or imminent use of force
exceeds the force reasonably necessary to make the arrest.  Oregon effectively is now the only state that gives a suspect charged with Resisting Arrest (ORS 162.315) an affirmative defense that they were
defending themselves against what they reasonably believed was an actual or imminent unlawful use of force by a Police Officer.  Accompanying charges including Assault on a Public Safety Officer will likely be
dismissed if the argument stands."


The full case can be viewed at the below link: 
 

http://www.publications.ojd.state.or.us/S056404.htm
 

The Sinners and Me

Anyone who interacts regularly with the criminal mind quickly discoverers two quirky mental processes that they pretty much all exhibit.

The first is that they will always ask you not judge them by the act that has brought them into your temporary sphere of influence. They all will insist that they are basically good people except for, the car they stole, the drugs they sold, the wife they hit...etc.

The second is that criminals see the world through their criminal actions. For example, higher end illicit drug dealing is not really about the drugs but much more about a lazy short cut to achieve wealth. This person views everyone through the lens of greed. A well dressed investigator will walk through the room and the drug dealer will always tell you that, while they do not know that officer they can tell they are on the take. Or the drug dealer will suggest that if you had been in his or her shoes you would do the same things that they did. It simply does not compute to them that you may have chose to suffer in poverty than sell cocaine/heroin etc. I have seen this for the rapist (world view-restrained lust), abuser (world view- powerlessness) and a multitude of other major crimes. One of the primary reasons recidivism is so pervasive is due to the inability of the person to shift their decision making from a egocentric self serving paradigm to an altruistic one.

I always make a point of telling the person that I am being forced to work with that it is their actions that are the true indication of what type of person they really are. A "good person" does not sell drugs, strike their wife, steal from their job etc. If they want to be considered a "good person" he or she needs to start doing positive things now and if they show a consistent pattern of positive behavior then I will shift them from the category of "bad person" to "good person". I have had many people who have no remorse for what they have done get visibly upset and cry because the police officers have decided the are a "bad person".

As for the other quirk of lack of the ability to consider an alternate perspective, I long ago gave up trying to convince them that I or anyone else would have proceeded with a different series of decisions then the ones that they choose that led to their capture. It only leads to an endless series of unprovable scenarios for both parties.

What a hypocrite I am. If another person observed me going through my day would they view my actions as the actions of a follower of Jesus? Or would they take the totality of my day and then place me in the "bad" category. This stance of mine is really developed from the prospective that I am better then the person that I am dealing with...that I am not a drug dealer so I am not only better than they thus I am "good". How does that stand when the standard Jesus set is perfection? What I should have been saying is because of the love that Christ has for me, I have been given the honor of making less negative decisions than you. We are all sinners, we are all "bad people" but I can hang my sins on the only one that is blameless and perfect that can take the sins away from me, rather then you who keeps then wrapped around you like a cloak of evil ready at any moment to pull you down to the pit.

We are all "bad people". The only split category is "saved" and "unsaved".

Matthew 5:27-29

27"You have heard that it was said, 'Do not commit adultery.'[a] 28But I tell you that anyone who looks at a woman lustfully has already committed adultery with her in his heart. 29If your right eye causes you to sin, gouge it out and throw it away. It is better for you to lose one part of your body than for your whole body to be thrown into hell.