CA professor: eliminate police traffic stops

CHP Traffic StopWhen it comes to criminals and law enforcement, it’s good common sense to curtail activities of the police rather than those of the criminal when there appears to be any form of conflict.

So sayeth Christopher L. Kutz, C.William Maxeiner Distinguished Professor of Law at University of California, Berkeley.

A Los Angeles Times Op-Ed piece on August 13th by Mr Kutz indicates:

Christopher Kutz, UC Berkeley LawFor a safer America, curtail traffic stops

by Christopher Kutz

In one video after another this year, we’ve seen police stops of African American drivers go violently, terribly wrong. Think of Walter Scott, killed by a police officer in North Charleston, S.C., after a traffic stop for a broken tail light. Or Sandra Bland, pulled over for failure to signal a lane change, and after a confrontation with a Texas state trooper, hauled off to jail, where she died. Or Samuel Dubose, fatally shot by a University of Cincinnati police officer after being pulled over for a missing license tag.

They should never have been stopped by police at all. Nor should the vast majority of Americans pulled over in our national ritual of the traffic stop.

Right now I can the enamel flecking off the teeth of America’s motor and traffic officers nationally.

But minor traffic violations, by definition, pose no significant immediate threat and represent only a marginal increase in risk to road safety. On the other hand, every stop brings a substantial danger to the law enforcement officer: Car and motorcycle accidents and being struck by vehicles are a leading cause of death in the line of duty. Stops also produce a significant risk of escalation and confrontation, with tragic outcomes.

Stay with me.  And please read the entire editorial for the full context.  Mr Kutz is moving towards a point here.  Let’s continue.

We do not need to accept the traffic stop as the price of public safety. I have driven many miles in other countries, and I have never seen a traffic stop of the sort that I witness nearly daily in California. While precise data are difficult to secure, Americans experience police traffic stops at a rate of about 9,900 per 100,000 citizens, according to a Justice Department survey. By contrast, government reports in England and Wales show traffic stops occur at a rate of only about 2,200 per 100,000; and in France, 2,760 per 100,000. My calculations for Spain, based on its raw number of citations, is about 3,000 per 100,000.

One reason for this divergence is that these countries, like many others, enforce their speeding laws primarily through radar systems that automatically generate tickets. Red-light cameras also account for a significant proportion of fines. The benefit of camera systems is not only that they permit more extensive enforcement of laws against genuinely dangerous driving behavior, but they do so without racial bias. No camera has ever Tased or shot an unarmed driver.

Those pesky humans, let’s just remove them from the equation.  Further, since we’re eliminating the traffic stop, we’d best eliminate the police pursuit altogether.  In order to enable that aspect, we could logically save more governmental money by doing what European forces do, and that’s to downsize police vehicles.  Ford Explorers, the Dodge Charger and Chevrolet Impala, all with 300+ hp, could be replaced by the Ford Fiesta, Chevrolet Spark or Sonic.  Fleets could also include the Toyota Prius or Nissan Leaf.

Mr Kutz argues that we are “out of step” with other nations and, because of this, we need to revamp our foundational policing models.  Let us not forget that our US Constitution and Bill of Rights are likewise out of step with other nations.

Now the real but unspoken goal of Mr Kutz: the gradual elimination of a serious portion of the number of law enforcement officers across the nation, to be replaced by technology — a semi RoboCop scenario mixed with Chappie and OCP (or perhaps ideally not replaced at all).  But if the “educational elite” think they’ve seen pushback, just wait until each corner features a camera and tangent aspects of roadway are festooned with radar cams for speed.

There’s a saying: “those who make enemies of the police had better make friends with the criminals.”

I think perhaps I may have retired at just the proper time.

BZ

 

Attempted murder of Las Vegas officer — “who needs this?”

Las-Vegas-Police-Officer-Shot-Twitter-Breaking911-640x480On the heels of the assassination of Harris County Deputy Darren Goforth in Texas, as advocated by Black Lives Matter (click the video), we have another cop shot purposely.

Unlike Deputy Goforth however, this officer was not killed.

From TheBlaze.com:

Las Vegas Cop Shot ‘Ambush-Style’ While Sitting in Patrol Car at Traffic Light; Officer Hit in Hand, in Stable Condition

by Dave Urbanski

A Las Vegas police officer is in stable condition Sunday after being shot in the hand “ambush-style” while he and a fellow officer sat in a patrol car at a traffic light, KTNV-TV said.

The suspect is in custody, police said.

Police told KTNV the suspect — who’s in custody — approached the cruiser just after noon and fired three shots “ambush-style” at the officers who had just departed the scene of a disturbance call. The officers fired no shots, police told the station.

The officer hit by gunfire was in stable condition at a hospital.

The update to the story indicates:

UPDATE 8:01 p.m. ET: The suspect in connection with the Las Vegas police shooting is a Hispanic male, Undersheriff Kevin McMahill said at a news conference Sunday, KSNV-TV reported.

The man’s identity has not been confirmed, McMahill added, and a motive has not been determined.

When the shooting started, the officers figured their patrol car had been rear-ended by another vehicle, McMahill explained. When they knew they were being fired at, he said they exited the cruiser and one officer chased down and arrested the suspect. The man had ditched a Springfield handgun which was later located, McMahill said.

Black Lives Matter should be happy it’s getting its way.  Evidence indicates that some persons previously considering a job in law enforcement are reconsidering.  From FoxNews.com:

‘Who needs this?’ Police recruits abandon dream amid anti-cop climate

by Edmund DeMarche

Police departments face a recruiting shortage amid a growing anti-cop mood that some fear has taken the pride out of peacekeeping and put targets on the backs of the men and women in blue.  

Open calls for the killing of police have been followed by assassinations, including last week’s murder in Texas of a Harris County sheriff’s deputy. Instead of dialing back the incendiary rhetoric, groups including “Black Lives Matter” have instead doubled down at demonstrations with chants of “Pigs in a blanket, fry em like bacon.” Public safety officials fear the net effect has been to demonize police, and diminish the job.

POLICE RECRUITING QUOTE 1 POLICE RECRUITING QUOTEMillennials, who are not motivated by sacrifice on a good day unless they’ve served in the military, are indeed saying “who needs this?”

“You no longer just have to worry about your life while in uniform,” he said. “Now you have to be worried about the well-being of your family.”

That would possibly involve the recent planned murder of an Abilene PD officer inside his own home.  More on this later.

“I saw all this anti-cop propaganda and I was like, ‘Who needs this?’” said Antonio, a New Yorker who asked that only his first name be used. The 32-year-old had applied and been accepted into the NYPD academy, but withdrew his candidacy amid the cop-bashing climate sweeping the country.

Recruiting in a number of areas is down as much as 50%.  Some departments have seen a 90% drop in recruitment.

With over 40 years in law enforcement, I’ve seen this occur before.  Here’s what will happen, guaranteed: agencies will lower standards again and begin the cycle anew of poor candidates who make poor recruits who make poor officers who make poor Sergeants and Lieutenants and then agency managers.  All along the way they make poor decisions and fellow officers, the profession and the communities suffer.  Internal Affairs/Professional Standards cases skyrocket.  People in law enforcement who tell you this won’t happen are liars.

Law enforcement is no different from any other business, private or public.  It has a remarkably short industrial memory and tends to make the same mistakes again and again.  Liability, however, is the “ruling grade,” so to speak, in law enforcement and exposure comes in the Risk Triumvirate.

There is 1) Negligence in Hiring; 2) Negligence in Training and 3) Negligence in Retention.

At this point, quite shortly, American law enforcement is going to Groundhog Day “negligence in hiring” all over again.

BZ

 

TX Deputy Goforth “deserved it”

Monica FoyHere’s what I’d like: one day, in the near future, the ignorant, ill-educated naive female above, Monica Foy, will require some kind of emergency assistance requiring police response and not receive it.  She’ll have to deal with the situation herself.  She’ll either survive or she won’t.  I’d like her to receive the same kind of concern and consideration from the suspect that she wanted for the slain Deputy Darren Goforth.

Here’s what likely will happen: needing some kind of assistance, Foy will come across one of her local cops or perhaps will already have called for help.  A law enforcement officer will respond, may or may not recognize her, and will conduct themselves appropriately attempting to assist her no matter the issue.

Simply because that’s what cops do.

Why the contempt for Monica Foy?

Would it be this, below?

Monica Foy TweetFrom Breitbart.com:

Slain Cop Deserved Execution and Had ‘Creepy Perv Eyes,’ Says #BlackLivesMatter Supporter

by Brandon Darby

Houston area #BlackLivesMatter supporter Monica Foy took to Twitter to insist that slain Sheriff’s Deputy Darren Goforth deserved to be executed and implied his “creepy perv eyes” were somehow justification for why he was shot from behind and then had a 15-round magazine unloaded into his lifeless body. Foy lives in the Woodlands, just north of Houston, Texas.

It has now become cool and hip to wish cops dead.  Black Lives Matter gave us an example below:

The odd thing is, those persons who so willingly join Black Lives Matter who themselves are not black, lack the clear skills to defend themselves in case of some sort of emergent event.  As I wrote only a few days ago,

What I wonder is this: if Obama, Leftists and Progressives hate cops, and Obama, Leftists, Progressives and Demorats hate guns — you may as well include our military too — then what or who is left to protect the citizens of the United States?

Good intentions?  Kind words?

The United Nations?

If anyone attends or lives near Sam Houston University, stop by and say hello to Monica Foy.  Wish her well.  For me.

BZ

 

When troops SHOULDN’T follow their “leaders”

NO TO UNLAWFUL ORDERS1. THE MILITARY:

Under Leftist regimes, such as today’s under Mr Obama (and please notice, significantly, since 2008, I have never successively linked in my blog the words “Obama” and “President”), the military is nothing but a useful mule or tool for various forms of societal change.

The Left, frankly, despises and disdains the militaryall its members, its leaders, its troops — unless and until it can be corrupted for use regarding a societal, global — and not a national DEFENSE — issue.

There is a reason that a greater number of military officers have voluntarily left or been forced to leave under this administration than most any other.

There is a reason that military chaplains — save those of Islam — have been under attack under this administration than any other.

As Jeff Fuller writes at TheWashingtonTimes.com:

Why troops avoid a fight

Soldiers won’t follow clueless leaders into battles they can’t win

by Jeff Fuller

What does this experience (as delineated in the article if you click it above) offer to those clever, young staffers crafting military tactics and rules of engagement in the White House National Security Council (NSC) for our military units in Iraq and Syria?

Do not expect any military unit, especially a bunch of Iraqi Sunni soldiers led by corrupt Shiite officers, to risk their lives in a fight against ISIS fighters. They will not. And neither would many American troops without effective leaders, adequate weapons, communications, Medevac and close air support, and a fighting chance to win.

A more important paragraph:

But at some point up the chain of command, they have general officers who risked their lives in combat in the past but will not speak truth to the young NSC staffers who set the currently amateurish rules of engagement, define the limits of military power and craft empty speeches in which President Obama declares with a straight face that our goal is to degrade and defeat ISIS.

In other words: our troops are beginning to discriminate and separate the lies from the truths, the wheat from the chaff.  Because their most intimate posteriors are now “on the line.”  A further lesson from history:

As someone who cares deeply for our country and still carries grenade fragments from battle, I can only hope that at some point, our troops will be able to say that their senior military leaders choose the truth over political and career expediency. In Vietnam, much of the foolishness was generated by military officers who either never understood battle or had forgotten its lessons. Now this Peter Principle tendency has been exacerbated by the youngsters who rule the NSC.

To the military: for whom will you die and when, if ever, will you draw the line?

Having written that, there is a serious lesson to be learned — also — by the LE Sheepdogs of this nation:

2. CIVILIAN LAW ENFORCEMENT:

I learned quite a number of things in my 41 years of service to civilian law enforcement.  As a Sergeant for a major LE agency on the Left Coast, and having served as my department’s Rangemaster and EVOC Supervisor (and a number of other specialized positions, with another separate three state and federal agencies), I learned that there is a vast chasm between what one says and what one does.  I learned to respect a few ranks but not to respect the persons wearing those ranks because altogether too many of them were corrupt and violated their own oaths — yet were promoted still because of nepotism or melanin or their ability to don the requisite knee pads required for a sundry of appointments and coronations.  They too often spoke one line and physically violated another.  And trust me: cops can sense the stinking bullshit of hypocrites from miles away.  Verbal detritus does not a leader make.

I learned from my SBSLI class that dissent is a good thing.  Dissent was certainly required in this circumstance.

And dissent will become a major, a huge issue in the future of the military and civilian law enforcement.  That is to say: the Sheepdogs.

Just what is a Sheepdog?  I am a long-time Sheepdog, far beyond the years where most average Sheepdogs quit.  I am also a Silverback, far beyond the years where most others with less stamina (or more sense) quit.

That said, what might be a common denominator between military and civilian LE “leaders”?

I say this: there are way too many “test takers” and “test passers.”  There are “managers” who can sort out widgets and beans and push paper, but there is a dearth of true “leaders of men.”  Managers are good with paper and bits and bytes.  Leaders are good with people.  Actual humans.

I am convinced of the incontrovertible: leaders are born.  They cannot be “made.”  Persons either possess “leadership skills” or they do not.  You can see and acknowledge a true “leader” from elementary school right up through college and beyond.  One cannot “teach” what is truly the unteachable: leadership.  True leadership.

And true leadership is this: if I asked my troops to do “X,” would they do it for me?  If another Sergeant asked, would they do it for them?  A true leader gets things done not when he or she demands, but when he or she “suggests” or asks.  Or even by a mere presence, subsumed.  But in the crucible of extremis, would my troops do what I asked?  Frankly, I’d like to think they would if, for no other reason, than how I treated them under “normal.”  They would know that I readily recognize the difference between “standard” and “critical.”

3. THE LOGICAL EXTENSION:

My point being:

In the not too terribly distant future, military troops and civilian LE troops are going to have to make a terrible and critical decision.

Will they follow their so-called “leaders”?

At this point, I would suggest: you should weigh that decision very carefully because many of your “superiors” and “leaders” are neither superior nor leaders.

I suspect and submit that you already know who it is that you would follow, and who it is that you would not.  Those who are — in the colloquial — “full of shit” and those who are not.  Those who treated you with inherent respect, did not take advantage of you, did not make you the butt of jokes, did not rule their rank over you, those who were firm, fair and consistent.  You knew you would encounter the same person over any number of days, and not Dr Jekyll or Mr Hyde.

The person who said, if they were “disappointed” in you, you would have a serious internal speech with yourself to the point of questioning your entire ethos.

I was once told, by an ancient and doddering Sergeant in my department many years ago, that one must only do three things to have a successful career: 1) Do you job, 2) Tell the truth, and 3) Don’t be malicious.

It would seem that too many of our so-called “leaders” violate one or more of those aspects on a continuing basis.  Some seem to get promoted for it.

If you think — after all of this — that I’m leading up to something, you would be correct.

A country that allows political hacks to set military operations policy has lost its way. And we are lost, for sure.”  — Lt. Col. Jeff Fuller

“God bless America, the finest experimental nation ever created at the hands of Mortal Men.”— BZ

So I said back in 2006.

The point is this.  At some time, there will be upheaval in the US.  It’s just going to occur, plain and simple.  America cannot keep on its current path of unsustainable spending and philosophy.  There is only so much cash and good will to be found in the American Taxpayer — who foots the bill for not only the United States but much of the rest of the planet as well, in terms of largesse to other countries.

When that crash comes — and I do not know when or how it will manifest itself — there must be in the military and civilian LE spheres those who will truly honor their oaths.  They must truly be Oathkeepers.  They must respect the US Constitution and its Bill of Rights.

Bottom line: there will come a time when soldiers in the military and law enforcement officers must follow their conscience and their oaths, because their leaders are going to order them to abrogate law.

It’s coming.

They must be prepared.

BZ