“Add stress balls to the list of innocuous items that have landed innocent citizens in jail due to shoddy police work and unreliable drug field tests.
The U.S. Court of Appeals for the 11th Circuit ruled last week that two Atlanta police officers are not entitled to qualified immunity from a civil lawsuit brought against them by Ju’zema Goldring for malicious prosecution. Goldring says the officers falsely accused her of jaywalking and cocaine trafficking, based on a field test of a powdery substance inside a stress ball she had in her purse.
Goldring spent nearly six months in the Fulton County jail because she couldn’t afford bail and told local news outlet NBC 46 that she was occasionally put in solitary confinement. What’s more, she was left in jail for four months after a crime lab concluded that the mysterious powder was sand, not cocaine.
According to the 11th Circuit’s opinion, Atlanta police officers Vladimir Henry and Juan Restrepo stopped Goldring on October 10, 2015, for allegedly jaywalking. Goldring claims she wasn’t jaywalking. In any case, the officers took Goldring to the police station and proceeded to cut open a stress ball they found in her purse and test the powdery substance inside using a Nark II field test for drugs.
As Reason reported earlier this year, such drug field test kits are manufactured by several different companies and are used by police departments and prison systems across the country. The test kits use instant color reactions to indicate the presence of certain compounds found in illegal drugs, but those same compounds are also found in dozens of known licit substances. And although the tests are fairly simple to use, they’re still prone to user error and misinterpretation.”
“All too often, official versions of events turn out to be completely at odds with video and audio records of what actually happened. Given stark discrepancies between some police reports about searches and arrests and video footage of the same events, it’s difficult to avoid the suspicion that the powers-that-be habitually lie about their conduct.”
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“the cops barged into a house without permission, tossed it without legal authority, and then lied about the search to conceal their misdeeds.
“If Yezek did not have the security cameras in and outside of his home, he very well could be sitting in prison,” one of Yezek’s attorneys told reporters.”
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“”San Antonio police dash camera video obtained by the KSAT 12 Defenders contradicts the department’s long-held narrative that a woman shot and killed by an SAPD sergeant in early 2019 had pointed a weapon at him prior to being shot,” the TV station reported last year after the shooting death of Hannah Westall.
In addition, police originally insisted that there was no bodycam recording of the incident. That turned out to be untrue and Bexar County District Attorney Joe Gonzales has reopened his investigation.”
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“These situations are pretty egregious, but recordings don’t have to contradict police. They can, instead, support the official story, and undermine bogus claims of abuse, rights violations, and innocence by criminal suspects. When cops are above-board, that’s exactly the purpose the recordings serve.
But it’s all too easy to find situations where police told stories that didn’t match recordings of which they were unaware or which they tried to suppress. Sometimes an officer loses a job or even (very rarely) faces charges, but it often leaves the impression that an especially incautious or unconnected cop was thrown to the wolves to appease critics. How many lies remain unexposed is anybody’s guess.
It’s worth pointing out that the FBI, which often investigates misconduct by state and local police, itself resists recording interviews.
“When the rule prohibiting FBI agents from recording interviews was instituted, the reasoning mostly was that their testimony under oath is credible and means something to the court and the public,” James M. Casey, a former FBI agent, explained last year. “That should still hold true.”
But “trust us” really doesn’t fly the more we see the government’s enforcers at work. It’s too easy to find examples of them playing fast and loose with the truth when there’s a record of their conduct.”
“For anyone who had followed the trial closely, this outcome is unsurprising. The prosecution simply did not meet its burden of proof, and Rittenhouse’s defense team presented considerable evidence that he reasonably feared for his life each time he pulled the trigger. A witness testified that Joseph Rosenbaum, the first man shot by Rittenhouse, had threatened Rittenhouse’s life and was attempting to wrest control of Rittenhouse’s AR-15. The second man, Anthony Huber, struck Rittenhouse with a skateboard. And the third man—Gaige Grosskreutz, who survived—admitted on the stand that he had first pointed his own gun at Rittenhouse; Rittenhouse shot him in response to this perceived threat. As former Rep. Justin Amash (L–Mich.) put it: “The Rittenhouse case was a clear case of self-defense based on the evidence presented.””
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“it had little to do with race: Rittenhouse and all three of his victims were white.”
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“It is not necessary to elevate Rittenhouse to hero status, or to agree with his very poor decision to involve himself in the Kenosha riots, to accept that the prosecution failed to prove the charges against him.”
“A working paper published last week by the Annenberg Institute at Brown University and written by researchers at the University at Albany, SUNY and RAND Corporation bills itself as the broadest and most rigorous examination at the school-level of how SROs impact student outcomes. Using national school-level data from 2014 to 2018 collected by the U.S. Department of Education, the paper found that while SROs “do effectively reduce some forms of violence in schools,” they do not prevent school shootings or gun-related incidents.
“We also find that SROs intensify the use of suspensions, expulsions, police referrals, and arrests of students,” researchers wrote. “These effects are consistently over two times larger for Black students than White students.”
The study found that the introduction of SROs to schools did appear to improve general safety and decrease non-gun-related violence, like fights and physical assaults. However, the authors say, those benefits come at the cost of increasing both school discipline and police referrals.”
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“The number of police in schools has skyrocketed in schools over the past four decades, first in response to drugs, then mass shootings. Police departments and organizations like the National Association of School Resource Officers argue that well-trained SROs act as liaisons between the school and police department. A good SRO, they argue, can actually reduce arrests.
Civil liberties groups and disability advocates, on the other hand, have long argued that increases in school police and zero-tolerance policies for petty disturbances have fueled the “school-to-prison” pipeline and led to disproportionate enforcement against minorities and students with disabilities.
Other recent research has come to similar conclusions as the new working paper. For example, a study published last August by researchers at the University of Maryland and the firm Westat found that increasing the number of police in schools doesn’t make school safer and leads to harsher discipline for infractions.”
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“The authors of the new working paper say that school districts should weigh the benefits of safer hallways against the high cost of putting more kids in contact with the criminal justice system.”
“Over the last year and a half, thousands of low-risk inmates were given the chance to serve the remainder of their sentences on home confinement. The move was meant to curb coronavirus transmission rates in overcrowded prisons. But the trial period has been viewed as a successful tactic beyond that of a COVID mitigation measure; of the approximately 4,500 released due to COVID, just three have reoffended, two of whom committed nonviolent crimes, according to Michael Carvajal, director of the Federal Bureau of Prisons (BOP).”
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“The average annual price for a prisoner at home is $13,000; for an inmate at a correctional institution, it is almost 3 times higher at $37,500.”
“Over his 17 years on the job — including eight as the union president of the Fraternal Order of Police in South Florida — 49 people have complained about him to Internal Affairs as he amassed 19 official use-of-force incidents, $600,000 in lawsuit settlements and a book’s worth of terrible headlines related to his record and his racially inflammatory social media posts, many of which attacked alleged victims of police violence.
Yet Ortiz has repeatedly beaten back attempts to discipline him. He returned to work in March from a yearlong paid suspension during which state and federal investigators examined whether he “engaged in a pattern of abuse and bias against minorities, particularly African Americans … [and] has been known for cyber-stalking and doxing civilians who question his authority or file complaints against him.” The investigation was launched after three Miami police sergeants accused him of abusing his position and said the department had repeatedly botched investigations into him.
But investigators concluded their hands were tied because 13 of the 19 use-of-force complaints were beyond the five-year statute of limitations, and the others lacked enough hard evidence beyond the assertions of the alleged victims. The findings underscored a truism in many urban police departments: The most troublesome cops are so insulated by protective union contracts and laws passed by politicians who are eager to advertise their law-and-order bona fides that removing them is nearly impossible — even when their own colleagues are witnesses against them.”
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“As a police officer with an encyclopedic knowledge of labor law and grievance procedures, Ortiz shielded himself over the years with the extensive protections woven into the local union’s collective bargaining agreement and Florida’s “Law Enforcement Officers’ Bill of Rights,” a police-friendly law that passed decades ago and has been continuously beefed up with bipartisan support. He has also availed himself of a controversial judicial doctrine, called qualified immunity, which shields police from certain forms of liability.
Among the special provisions that have made policing Florida’s police so difficult is a rule in the bill of rights that says all investigations must be wrapped up in 180 days. Critics say the rule is a vehicle for sympathetic colleagues to protect an officer simply by dragging their feet. In its review of Ortiz, the Florida Department of Law Enforcement reported that between 2013 and 2018 seven citizen complaints against him were voided because the department failed to finish investigating within the prescribed time limit.
An even more significant obstacle in the bill of rights is a rule that officers must be shown all evidence against them before they are interviewed about complaints — a right that isn’t afforded to civilians and that flies in the face of normal investigative techniques. It allows officers to tailor their responses to the evidence, avoid being caught in lies and even, says former Miami police chief Art Acevedo, “interfere with the investigation or retaliate” against witnesses.”
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“Ortiz’s record stands out sharply compared with those of his peers. The 49 citizen complaints against him are 2½ times more than the combined complaints against the department’s four other captains. Those other captains also have a combined 16 use of force incidents on their records, three fewer than the 19 on Ortiz’s record.”
“It’s called a “keyword warrant,” and it’s basically an open request for information on anyone who searches for particular terms online. Instead of the government saying, “I want all of arson suspect John Doe’s Google searches,” it’s, “I want information on all the people who searched Google for ‘arson.'”
The problem is evident. In the first scenario, investigators have already determined a suspect based on some evidence that they present to a judge, the typical standard for requesting a search warrant. In the second scenario, the government is asking search engines to provide data that they can use for whatever reason. It’s an open invitation for a fishing expedition. And many innocent people could get caught in the net.”
“Last year, the US’s murder rate spiked by almost 30 percent. So far in 2021, murders are up nearly 10 percent in major cities. The 2020 increase alone is the largest percentage increase ever recorded in America — and a reversal from overall declines in murder rates since the 1990s.”
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“There is solid evidence that more police officers and certain policing strategies reduce crime and violence. In a recent survey of criminal justice experts, a majority said increasing police budgets would improve public safety. The evidence is especially strong for strategies that home in on very specific problems, individuals, or groups that are causing a lot of crime or violence — approaches that would require restructuring how many police departments work today.”
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“Problems like poverty, education, and other underlying issues that contribute to crime can take years, or even decades, to truly address.
The impact of police, meanwhile, tends to happen quickly — almost immediately deterring and intercepting would-be criminals with the presence of officers. For policymakers looking for quick action, that’s an important distinction, suggesting that police have to play a role even if other social services are deployed for longer-term solutions.”
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“Every criminal justice expert I’ve spoken to has also said that more work needs to be done to hold police accountable — and the survey of experts found that most agreed more accountability would also improve public safety.
So the evidence doesn’t indicate that America should continue the punitive, unaccountable model of policing that’s dominated over the past few decades. To the contrary, much of the research supports changes to how policing is done to focus narrowly on problems, city blocks, and even individuals known to disproportionately contribute to crime — contrary to the dragnet approaches, like “stop-and-frisk,” that end up harassing entire communities.
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“policing works to reduce crime and violence. But how policing is done can change — and change could even make policing more effective for crime-fighting while addressing some of the problems to which Black Lives Matter protests have called attention.”
“The Atlanta shooter—Robert Aaron Long—told police he struggled with sex addiction. He was a devout Christian who felt guilty about visiting sex workers at Asian spas, friends said. Were Long’s hateful acts really about race? Or were they more about misogyny—a man lashing out at women for inspiring lust in him? How significant is the fact that the victims were largely Asian women? Was his true bias against sex workers?
In one sense, none of this makes a difference. Eight lives were senselessly lost. Long’s acts were morally heinous whether driven by anti-Asian racism, general misogyny, resentment of sex workers, or total randomness. And hate crime or not, murder is a serious criminal offense, punishable in Georgia by life in prison, with the possibility of life without parole or even execution.
Yet if Long was motivated by anti-Asian or anti-female bias, this would be considered, under Georgia and federal law, a hate crime. If he was motivated by hatred of sex workers, it would not. This ambiguity perfectly encapsulates the tangled logic behind U.S. hate crime laws.”
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“Hate crime statutes generally do one specific thing: enhance criminal punishments for actions that are already against the law. They say that for whatever the underlying offense is—vandalism, harassment, theft, assault, murder—the sentence will be harsher if the offense was committed out of identity-based bias or prejudice instead of, say, pure greed or lust or non-specific anger.”
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“Hate crime statutes may make people feel like they’re doing something about a serious problem. But judged by their results, they’re likely to be harmless but ineffective at very best. At a 2018 U.S. Commission on Civil Rights briefing on hate crimes, none of the panelists could point to data, studies, or other evidence showing that designating something a hate crime deters, prevents, or reduces that crime or helps authorities catch perpetrators.
At worst, hate crime laws and their emphasis on individual bad motives can distract from more systemic issues.”
“Additional video shows three cops—Hopp, Jalia, and Tyler Blackett—watching the footage the day they booked Garner.
“Ready for the pop?” asks Hopp, as Jalia squirms and appears visibly uncomfortable. “Hear the pop?”
“What’d you pop?” asks Blackett. “I think it was her shoulder,” responds Hopp, as he re-enacts the motion.
“I hate it,” says Jalia.
“I love it,” one of the male officers responds. Garner did not receive medical care for six hours after the ordeal, according to the suit. (Blackett later resigned.)
Loveland Police Chief Robert Ticer has claimed that the department was unaware of the extent of the brutality until the lawsuit became public, but the contents of an internal report released yesterday appear to directly contradict that, with documents showing that Assistant Chief of Police Ray Butler viewed the footage and said that Hopp’s actions were “necessary, reasonable and within policy.”
“There is no excuse, under any circumstances, for what happened to Ms. Garner. We have agreed on steps we need to take to begin building back trust,” Ticer said in a statement. “While these actions won’t change what Ms. Garner experienced, they will serve to improve this police department and hopefully restore faith that the LPD exists to serve those who live in and visit Loveland.” He also said that department policy now requires an assistant city attorney and personnel from city of Loveland human resources to review use of force incidents, as opposed to just a member of the police force. Sarah Schielke, an attorney for the family, has called for his resignation.”