In the January 2015 edition of Law and Order, a police management magazine, there is an article that not only the management should read, but that should be passed on to every officer.
The article, No “Officer Safety” Exception to the Constitution, Charles Huth, Jack Colwell, and Randy Means, Law and Order, Jan. 2015, is very clear that officer safety has gone too far. They state:
“A number of law enforcement agencies are currently under fire for their patterns and practices of “stop and frisk.” This is only the present manifestation of what has been for decades a national epidemic of illegal police practices rationalized by the mantra “officer safety.” Frisks are not supposed to be the rule in Terry-type stops; the rule would be no frisk. The same is true for handcuffing subjects and placing them in the back of police cars.” Id.
Guys, this isn’t just me, an old, worn out street cop saying this by myself, these are well-respected leaders in the profession. Huth is the past President of the National Law Enforcement Training Center* and a Captain with the Kansas City, Missouri Police Department. After the Eric Garner death, Huth was on CBS News showing the difference between an arm-bar chokehold and the much safer lateral vascular neck restraint (LVNR). Colwell retired from the KCMOPD after 29 years and is the co-author of Unleashing the Power of Unconditional Respect with Huth, a program for increasing officer connection with the community and decreasing confrontations. Finally, Means is a partner at The Thomas & Means Law Firm, and has a long history as a police legal advisor, and risk management at the IACP.
The article is outstanding, pointing out that there is no officer safety exception in the U.S. Constitution.
“So, where does one find the officer safety exception to the Constitution? Generally speaking, it doesn’t exist. Generally, the rights of the people trump the rights of an officer to be guaranteed a safe outcome in dangerous situations.” Id. (emphasis added).
I don’t know how much clearer this can be said. I can tell you that this is not the way that officers are being trained. I can tell you that this is not the way that most officers on the street view it. But these guys get it, and not only that, they train the people that train officers. I’ll leave you with their words:
“If the choice is between feeling safer by violating someone’s Constitutional rights or taking calculated risks while honoring our oath, the pledge we made when our badges found their home on our chests is supposed to win every time.” Id.
*Originally founded by Jim Lindell, who developed the LVNR, weapon retention training, and is a pioneer in officer safety.
Feb 04, 2015 @ 23:24:20
I never agreed with Terry v. Ohio. Same with Hiibel v. Nevada. Balko recently wrote an article about how almost all supreme court judges have been prosecutors or have had very little trial experience before being put on the bench. It’s a trend decades in the making where the judges we have are completely removed from what reality is and these are the individuals making decisions that affect millions of people.
Feb 05, 2015 @ 02:00:15
Well, it doesn’t really matter if we agree or not, it’s still the law until the Court overturns it. I don’t see that happening.
I don’t have as much of a problem with Terry as I do with Hiibel.
There Is No “Officer Safety” Exception To The Constitution. | Simple Justice
Feb 05, 2015 @ 07:23:45
Feb 05, 2015 @ 11:14:16
This is exactly the point which needs to be made. Thanks for sharing this one.
Feb 06, 2015 @ 03:26:40
Finally?
WTF, this will only lead to the end of the really good parties.
It is all a maze back to keeping the peace and then “law and order”.
Keep going all the way there. I sincerely hope it brings some soul shine to not only yourself but some of your dear friends still out there threading the needle.
P.S. Get your gilded legal card but time to start squaring up on the field of play,
Feb 07, 2015 @ 18:48:00
Your link to the article is broken, perhaps it should point to http://www.hendonpub.com/law_and_order/articles/2015/01/no_officer_safety_exception_to_the_constitution ?
Feb 07, 2015 @ 18:53:13
Thanks. I fixed it.
Feb 19, 2015 @ 23:55:34
ExCop-LawStudent. Are you familiar with another Ex policeman, Jack McLamb, out of Phoenix Arizona? He & Bo Gritz, one of our Country’s most decorated Soldiers started a new town in another State, but I forget now, what State, Anyway I have a lot of respect & admiration for both of them.
Feb 20, 2015 @ 00:31:12
McLamb was a conspiracy nut, talking about colored dots and FEMA camps. I believe he has died. Gritz was, and I presume still is, a racist. He was an outstanding soldier, but left much to be desired once he moved to civilian life.
Feb 20, 2015 @ 03:14:07
Do you remember Waco? Do you remember Ruby Ridge? Do you think what your Government did there was/is justified? Thanks for your input on McLamb & Bo Gritz. I do appreciate your honesty. Honesty is a wonderful quality & it is also very revaling ain’t it I showed you my song & you showed me yours.Thanks
Feb 20, 2015 @ 11:40:56
One has nothing to do with the other. The fact that I do not think highly of two of your heroes does not mean that I approve of how the marshals handled the first or the revenuers handled the second.
Randy Weaver was wanted for violating the law. Attempting to arrest him was fine, but in no way justifies the shooting of Sammy and especially not the murder of Vicki Weaver. David Koresh also was violating the law, but there were much better ways to handle that too.
In either case, both McLamb and Gritz have or had positions that I do not agree with. The world isn’t black and white, never has been.
Feb 20, 2015 @ 14:52:35
Re: Randy Weaver was wanted for violating the law
So was Yeshua aka Jesus. So was the apostle Paul, & I could go on. I am in your home so I know I must respect your rules etc. I try to see everyone as my Brother & Sister, literally. I believe we may be able to get somewhere IF you would consider me your Brother. IF I knew what you know that would help of course. Did you ever stop to think that somebody might be aware of something that you are not that would be of help in making this world a better place to live?. I now wonder what your overall agenda is. What are you hoping to accomplish by having this/your blog? I post things that disappear & since I don’t know why, this is why I ask what is your overall purpose.Your answer will tell me if I need to go into anothr town/village.
Feb 20, 2015 @ 19:08:03
Actually, that is incorrect also. Pontius Pilate said “I find in him no fault at all,” John 18:38, KJV. St. Paul was reportedly beheaded, although this does not appear in the Bible. St. Ignatius of Antioch reported that St. Paul was martyred, but not how. Both are common mistakes of fundamentalist sects that have left the Church.
I publish this blog because I enjoy it. I have no other purpose, and when I don’t enjoy it, I’ll stop. In the meantime, I determine what is published here, and I used to allow anything to be published. Of course, then individuals who had political agendas, such as sovereignty, etc., started commenting, and I found that much of the information that they put up on my blog was misinforming my readers. So I changed the way I do business. I’ll normally allow a comment or two on one of those types of issue, but that’s it.
So far this thread has had a good number of people commenting about “sovereign” issues. I allowed a couple, but to be clear, those that believe in the sovereignty movement, in any form, are misguided. I don’t intend to debate the issue on a thread that has nothing to do with the sovereignty movement.
Feb 20, 2015 @ 19:32:50
If I knew what you enjoyed this would help. You apparently did not enjoy the “traffic Stop” Video where the “Motor Vehicle” was goung to be towed,that is, UNTIL the occupant claimed to be sovereign, Then after some discussion that towing aspect did a 180. I don’t understand it either but it was there for anybody to see & HEAR. You did not want anybody to see & hear it. Yeshua was crucified. This, at the time was,Capital Punishment. Somebody with power said he was GUILTY & he suffered the consequences of his/their verdict. I am not a “cherrypicker” of scriptures. I have to take into consideration every word, not just what is convenient. Not that which conflicts with a pre-conceived belief. I do not believe you are a Black Mam otherwise you would have allowed that video, 12 squad cars called out for a parking ticket to STAY posted. You Didn’t enjoy it ? Why not???
Feb 20, 2015 @ 19:45:39
The fact that Jesus was executed has nothing to do with him being accused of a crime. Pilate said he was not guilty of a crime. It’s very simple, and the Church does not teach that Jesus was accused of a crime.
You really don’t understand the issue with sovereignty, I understand that. At the risk of being blunt, sovereignty had nothing to do with the black guy being released by LAPD, it was the sergeant deescalating the situation. It was over a parking ticket, and not worth the risks to life and limb to escalate it. The guy still had to go to court over it.
I didn’t post it because the sovereignty movement people are idiots. They are wrong on the law, they are wrong in their interpretation of the law, and they are dangerous. They get people hurt and killed. I will not allow my blog to be used to spread bad information about how this guy got off because he asserted his so-called “sovereignty.”
Feb 20, 2015 @ 19:43:09
Ex-Cop-Law Student,
Maybe I am wrong but I don’t see how it’s possible for you or anyone to dumb down people anymore than they already are. We have twiddle Dums & twiddle dummers.You like for people to learn everything the hardway & I SEE it cause I ain’t thar DUMB. I have seen enuff of your high quality, high content, AWESOME blog. bye bye
Feb 20, 2015 @ 19:46:22
See ya.