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Let’s Talk about Filming the Police

Captain Craig Schwartz of the Santa Rosa Police Department
Captain Craig Schwartz of the Santa Rosa Police Department

Captain Craig Schwartz of the Santa Rosa (California) Police Department writes about police matters in his Facebook Santa Rosa Police page. He has given permission to re-post his article. For the direct feed, go to Santa Rosa Police Department’s Facebook page 

Captain’s Blog: Let’s talk about filming the police.

Hello again,

Before I get into the topic of this post, I’d like to ask for your input. We want to continue these blog-like posts, with information about the Department, our work, and policing related topics of interest, but I need a good title for them. I’m calling my posts the Captain’s Blog for now, but if you have suggestions for a different title, send them in via the comments. Keep it clean please!

Now, on to our topic of the day. My recent post about the incidents in our Downtown on Monday morning brings up a chance for a conversation about a topic that sometimes bring the police into conflict with people in the community: filming or recording the police.

We see news stories all too frequently across the country which show officers ordering people to turn off their cameras, seizing cameras, or even arresting people who are recording us as we go about our duties. There were a number of people filming one of the events I described from Monday morning, and we regularly tell our officers to expect that they are being recorded every time they are in public doing their job.

The fact is that it is perfectly legal to film the police while they are performing their duties in a public place, as long as the recording is not surreptitious. The law does say that people cannot record a confidential communication without the consent of all the parties involved in that communication, but taking photos or video of the police working in public is a 1st Amendment right.

If a photo or video recording may constitute evidence, the police may ask your consent to view or copy the photo or video, but we generally do not have the authority to seize your property without a warrant signed by a judge.

We actually welcome people to film us. If we are doing our jobs right, the recordings will help us by showing that. If we act improperly or make mistakes, we need to see that so that we can be accountable and improve our performance. People should remember however, that the right to film or record the police does not allow them to interfere with officers in the performance of their duties. If someone gets too close or otherwise begins to interfere with the officers, they may be subject to arrest whether or not they are trying to exercise their right to record. Please stay far enough back so that we don’t have to divert our attention away from the tasks at hand. We may have legitimate safety concerns if bystanders get too close or try to insert themselves into an incident in the interest of getting a “close-up”. If we are at a crime scene, we may also need to keep people out of that scene to preserve evidence and continue our investigation.

Also, officers have the need to safely control people who are being arrested or detained and may have legal and safety justification to prevent those people from accessing their smart phones or other property during a detention.

Finally, I think it is important to remember that any recording, whether from a bystander the officer, or a patrol car dash camera, shows only a part of any incident. The camera does not necessarily present a situation as experienced by any of the participants, and we all view events or videos through our own lenses based on the facts we have at the time and our own biases. It is important to view a recording as an important piece of any investigation, but we can’t always judge an incident based solely on that video or audio recording.

Just a few thoughts. Thanks for reading,

Captain Craig Schwartz

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Captain’s Blog-Santa Rosa PD

This article from a Facebook post dated May 12, 2015 from Santa Rosa (California) Police Department. Written by Captain Craig Schwartz, it is a press release illustrating a police contact what went well. By posting this, I hope to increase awareness of what cops do right

–Thonie

Captain’s Blog

Monday was a very busy day for the dispatchers, officers, and detectives. While our Violent Crimes Detectives were working to solve the homicide that took place during the early morning hours, our main radio frequency seemed to be busier than normal with calls of people acting bizarrely and threatening themselves or others. Patrol officers responded to one of our downtown parking garages because a man was standing on a ledge at the top of the garage, yelling and threatening to jump. When they arrived they found that a courageous City employee had intervened to get the man off the ledge. The officers were able to find the man in the garage and safely detain him for a mental health evaluation and treatment.

That call came very shortly after another call of a man acting strangely and yelling in the downtown area. A number of people filmed our response to this incident and one of the videos even made it to YouTube. [I couldn’t find it] We were glad to see the video. It showed our officers doing their jobs well, but it didn’t capture the whole incident. The video did show Sgt. Lisa Banayat, Officers John Barr, Matt Sanchez, and others from our day shift patrol team exercising patience and restraint while trying to resolve a risky situation with a volatile person. The video did not capture the beginning of the incident, when the man was yelling for officers to shoot him while he refused to comply with their directions and remove his hands from his pockets. The video also didn’t show the items officers found on the man after they were able to gain his voluntary compliance without any use of force.

SRPD stuff in pocketThe picture attached here shows the weapons the man had on him at the time. The pistol shown in the picture was actually a pellet gun, but looks like a real firearm. The officers were able to get this man the help he needed as well.

Thanks to all the officers and dispatchers involved in these two incidents, along with the others taking place that morning. All these incidents were resolved peacefully due to their tactics and decision-making skills. Well done!

– Capt. Craig Schwartz

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Why I Wear the Badge – #WhyIWeartheBadge

I stumbled across this post today. As this is the end of National Police Week, I will post Wednesday anyway. I think this is a great idea: individual officers on camera telling America why they chose this job. It’s sentimental, humorous and inspirational, depending who you click on. It will take some time, but I think it’s well worth it.

–Thonie 

By: Tim Burrows

Article posted in the International Association of Chiefs of Police online magazine. Links are posted at end of article.

Tim Burrows is a recently retired sergeant with 25 years of law enforcement experience.

Thursday, May 14, 2015

 

Why I Wear The Badge

In 1962, President John F. Kennedy signed a proclamation that designated May 15th as Peace Officers Memorial Day and the week May 15th falls in as Police Week.

20 years later, the Memorial Service in Washington D.C. began.  The memorial provides a place for the families, co-workers and grateful citizens to gather and pay tribute to those that paid the ultimate sacrifice for their communities.

Police Week is celebrated in many different ways by both law enforcement agencies and their communities. Those communities are no longer just bound by geographical points on a map or neighborhoods. Virtual communities also celebrate in the online world and Police Week celebrations can happen there just as easily.

Showcasing your agency, it’s members and the great work that is done is easy and gives more people greater access to your people and your commitment through pictures, videos, words and gestures.

This year the [International Association of Chiefs of Police] IACP is spearheading an initiative that will bring out the best in policing;

#WhyIWearTheBadge.

I believe this idea is excellent and it’s a campaign where the benefits far outweigh the perceived risks.

Some agencies may be shy in taking part given how some hashtags have been hi-jacked over the years and used for a purpose to show brands or agencies in a negative light. Could this happen with “Why I wear the badge?” Absolutely. Should that stop agencies from taking part? Absolutely NOT!

This is way more than just a hashtag. This is about the core essence of why your men and women put their uniforms on each and every day. Why they decided to become police officers and what it means to them to have the privilege to serve their communities and protect all members of society.

This is a give back opportunity to show the relatable side of your officers and their agencies. We say regularly that social and digital media provides an opportunity to show the ‘human side’ of policing, so show it and tell your community, “Why I wear the badge.”

‘We are people in a uniform’.

Policing is truly at a crossroads with the public. The ‘haters’ are becoming more vocal and they are drawing on the events that put the industry in a bad light. Many people who are on that bandwagon are being swayed in their opinions by a lack of argument and counter information to the national narrative.

#WhyIWearTheBadge provides the opportunity to add to the conversation and sway the moderates and more importantly show everyone the commitment to policing by highlighting where that commitment comes from…a duty of service to others.

This is not an initiative to ask for community love. It’s an initiative to give the community love. 

It’s an opportunity to tell the community the story behind the dedication to service. Why I wear the badge is all about giving to the public that you all serve.

Joining in this initiative and encouraging your officers and your agency to take part is the kind of leadership that can go far in your community in these tough times. Indifference and a lack of commitment to things that really matter is killing this country…what an awesome opportunity to take a stand and tell your community that you are celebrating Police Week 2015 by telling them,  “Why I wear the badge!”

“The penalty good men pay for indifference to public affairs is to be ruled by evil men.” ~ Plato

I can’t wait to see and share the different views and reasons all of you come up with on #WhyIWearTheBadge.

– See more at: http://blog.iacpsocialmedia.org/Home/tabid/142/entryid/420/Default.aspx#sthash.U9gdZObC.dpufv

Also look at the IACP website: Why I Wear the Badge and the Facebook page: #Why I Wear the Badge

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Second Careers for Street Cops

John EldridgeBy John Eldridge

Retired Police Officer, Vancouver, BC.

Researching & writing about second careers for law enforcement officers. Author of Second Careers for Street Cops (pub. May, 2015).

Vancouver, BC

Have you thought of starting another career? There’s a lot of second career information available these days, but not much specifically for police officers. I had a full twenty-six year police career followed by a great second career. Along the way, I learned some things about preparing for a second career and then making the leap into a job after policing. I decided to try a second career for a year and see how I liked it. I ended up leading a team investigating workplace fatalities and other serious accidents. That lasted eleven years.

When my second career ended, I looked around for something else to do. Then I thought:  “Maybe I should pass on all that I learned about a second career. The cops of today might be able to use my experience to find one for themselves.”

That’s when I decided to write Second Careers for Street Cops and build a website with the same name. Once I started researching, I quickly found how easy it is to get overwhelmed with advice and information about second careers. Have you ever searched the net or looked in your local library for information about second careers? There is so much it’s hard to figure out where to start. Give it a try and you’ll see what I mean.

I think I can help. My website is focused on high-quality resources about second career planning, rather than general information or fluff pieces that just use up time and add to confusion.

The Second Careers for Street Cops website is there to help today’s cops. Drop by, take a look, and let me know what you think. Look under the Resources tab for lots of great material about designing a resumé, considering the impact of your reputation, networking, online job seeking, and employment trends. Pick a few good sources of second career advice and develop your plan from there. Here’s the link http://secondcareersforstreetcops.com/

If you want to keep up to date on the latest second career information, follow me on Twitter @copsecondcareer. I search the net for good second career material that I think will help street cops who are looking ahead. Then I tweet it. That includes job postings.

Second Career coverI’m just putting the finishing touches on my book and will publish it later in May. Writing a book is a whole different adventure. If you think you’d like to do that for a second career, talk to me first!

John Eldridge

Author of Second Careers for Street Cops

Website: http://secondcareersforstreetcops.com/

Twitter: @copsecondcareer

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Critical Incident Stress Management Interventions Help Heal First Responders

This is an excellent overview of the trauma emergency workers must endure by the nature of their work. There’s a price for this state of readiness and execution-read to find out the personal cost and the expense of the agency and community.

–Thonie

Critical Incident Stress Management Interventions Help Heal First Responders
March 18, 2015
By Dr. Chuck Russo, American Military University, and Carrie Kahn Courtney

First responders are trained to utilize tactical strategies in crisis situations so they can quickly protect lives and property. However, high-crisis incidents can overwhelm normal coping mechanisms and trigger traumatic-stress disorders for first responders.
Officer-involved shootings, line-of-duty deaths and injuries, child victims, employee suicide, and mass-casualty incidents are all events that can trigger traumatic-stress disorders for first responders. Common effects of traumatic stress include:
• concentration impairment
• eating and sleeping disturbances
• psychosomatic symptomology
• addictions
• depression
• irritability
• avoidant behaviors
• changes in libido
• increased personal and professional conflict

Post-traumatic stress disorder (PTSD) is one of the many mental-health disorders associated with traumatic stress. Such disorders often hinder a first responders’ ability to return to a pre-event “normal” status.

[Related article: Sandy Hook, Aurora Leaders Share Commonalities of Responding to Mass Casualty Events]

If post-traumatic stress is not addressed, it can often lead to faulty decision making, increased disciplinary problems, tardiness, on-the-job accidents, citizen complaints, and officer turnover.

While post-traumatic stress is the normal reaction to an abnormal event, PTSD does not have to occur. If post-traumatic stress is left unchecked, unaddressed, and untreated the results can often lead to PTSD.

Help First Responders with CISM Interventions

Critical incident stress management (CISM) is a short-term, psychological first-aid intervention strategy that can help mitigate long-term mental health issues for first responders.
CISM interventions encourage individuals to emote the impact of the cognitive, emotional, and psychological symptoms that manifest as a direct result of exposure to traumatic stress, especially repetitive traumatic stress. CISM aims to return those involved to a pre-event “normal” status quicker than if left to their own devices and deter PTSD.

Impacts of Traumatic Stress on an Agency

Besides taking a toll on the individual, traumatic stress has an impact on the agency. The effects of traumatic stress on organizations often include:
• communication breakdowns
• decreased morale
• deteriorating group cohesiveness
• increased absenteeism
• increased healthcare costs including increased worker’s compensation and disability claims
• decreased ability to retain effective personnel
• decreased employee efficiency and productivity
These financial and morale costs can cause long-term damage to an agency’s community support, resource budget, and recruiting opportunities.
It is important that agencies address the cognitive, emotional, physical, and behavioral symptoms associated with traumatic stress by implementing CISM interventions. Such implementation often includes one-on-one sessions, debriefings, and defusing sessions that are co-facilitated by mental health professionals and peers to combat traumatic stress. Agencies need to take proactive steps to help officers heal and recover from traumatic-stress incidents.

About the Authors:

Dr. Chuck Russo is the Program Director of Criminal Justice at American Military University (AMU). He began his career in law enforcement in 1987 in central Florida and was involved all areas of patrol, training, special operations and investigations before retiring from law enforcement in 2013. Dr. Russo continues to design and instruct courses, as well as act as a consultant for education, government and industry throughout the United States and the Middle East. His recent research and presentations focus on emerging technology and law enforcement applications, in addition to post-traumatic stress and online learning.

Carrie Kahn Courtney, RCSWI, wears many hats as a grant writer, social worker, disaster behavioral health specialist for adults and children, addictions professional, cadre trainer for the Disaster Technical Assistance Center, Vice President of Volusia Interfaith Networking in Disaster,Outgoing Chair for the Mental Health Association of East Central Florida, and as an Advanced Responder for the Florida Crisis Consortium.

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Montana Officer Breakdown on Dashcam

Tuesday, January 13, 2015
BILLINGS, Mont. —
A Montana police officer broke into tears after fatally shooting an unarmed man who was high on methamphetamine during a traffic stop, according to video shown to a jury last week.

The jury at a coroner’s inquest determined last Wednesday that Billings Police Officer Grant Morrison was justified when he shot 38-year-old Richard Ramirez three times. Morrison testified that he feared for his life and believed Ramirez was reaching for a gun.

In April 2014, the five-year veteran pulled over a red sedan with four people inside. The video shows Morrison telling the occupants of the car multiple times to put their hands up. He quickly realizes Ramirez, who was suspected in a robbery and shooting the previous night, was also in the car.

“What are you doing? Why are you moving your hands so much?” he says in the video.

“Get your hands up. I will shoot you. I will shoot you. Hands up!” Morrison yells before firing into the car.

Billings Police Officer Grant Morrison aims a gun into a red sedan on April 14, 2014.

The actions of the occupants inside the car could not be seen clearly in the footage.

Minutes later, another officer is seen attempting to comfort Morrison as he begins sobbing and places his head in his hands, the video shows.

Ramirez turned out to be unarmed and high on methamphetamine. An autopsy showed Ramirez had enough methamphetamine in his system at the time that may have been lethal to someone not accustomed to the drug, a forensic pathologist testified.

Under Montana law, coroner’s inquests are mandatory when someone is killed by an officer or dies in custody.

The Yellowstone County Attorney is not expected file any charges after the jury’s decision.

The Ramirez family said they intend to file a lawsuit against Morrison and the Billings Police Department.

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Richmond PD Gets It Right

This Katie Couric interview should be food for thought for all agencies who have tenuous relationships with minority populations. As a life-long Northern Californian, I know that Richmond has had a tumultuous history with race-related issues. This sensible chief has brought sanity to the streets of Richmond. Could it be possible in your city?

–Thonie

Richmond PD

by Brad Marshland

When Chris Magnus first moved to Richmond, Calif., in 2006, he would hear gunshots at night, sometimes very close to his house. That would be disturbing to anyone, but it was especially so to Magnus, as he had just been hired to be Richmond’s new chief of police.

Recent shootings of unarmed black men in Ferguson, Mo.; Cleveland, Ohio; and Madison, Wis., have triggered violent reactions, revealing a deep chasm between many police departments and the communities they purportedly serve. But not so in the San Francisco Bay Area suburb of Richmond: Not only are relationships between the people and the police strong, but the statistics indicate that the policies instituted by Chief Magnus are significantly reducing crime. Violent crime has been dropping nationally for years – down 14.5% since 2004, according to the FBI. In Richmond, it has dropped even faster. Homicides in this city of just over 100,000 are down from 47 in 2007 to just 11 last year.

Since Magnus took over as Chief in Richmond, he has instituted geographic policing, where officers are assigned to specific beats over an extended period of time, sometimes as long as several years. He has also challenged his officers to do more than just respond to calls. Evaluations are now based in part on how much officers engage with and address the residents’ top priorities. Back in 2006, for example, despite the high homicide rate, one of the first things residents complained to Magnus about was the number of abandoned vehicles on the streets. While addressing this problem first may have seemed counterintuitive, it went a long way toward building trust. “It sent a very powerful message to residents that we were actually listening to them and were willing to make their priorities our priorities,” Magnus told Yahoo Global News Anchor Katie Couric.

Acting in partnership with the community on such minor matters can have hugely positive effects when it comes to tackling violent crime as well. “Just starting a conversation sometimes leads to surprising results,” says Magnus. As relationships get built, residents are more likely to talk to officers they know and provide tips that either solve or prevent more serious crimes down the road.

Longtime community advocate Kathleen Sullivan has never been afraid to call the command staff when she sees an officer behaving badly. The fact that they listen has changed everything. Now she feels comfortable telling others “Sometimes when you’re concerned, you need to call the police. Because they are here to get the bad guy.”

The term “community policing” has become such a buzz phrase that “Pretty much every department, if you ask them, would say they’re doing community policing,” says Magnus, “And I think most believe it. But the challenge is: is community policing really policing the community in the way that the community wants to be policed, or is it driven by the police department?” Magnus’ approach has been to build partnerships with the community at every opportunity, learning from the residents what their priorities are, in order to define where resources should go.

One thing Sullivan believes the department could do better would be to get out and walk the streets more. The key is to train the officers to view walking and talking to residents not as an added chore, but rather as a means to an end. “You’re talking to people in order to get to know them,” Magnus says “to build a relationship that helps you ultimately solve or prevent a crime.”

In the past year, the national wave of protests against excessive use of police force turned violent in many cities, exposing a rift where police departments and the public view each other as adversaries rather than as partners. In Richmond, the demonstrations were peaceful, with the police department command staff engaging community members in dialogue about how policing could be done better. Chief Magnus, who is white, went so far as to hold a “Black Lives Matter” sign. “It seemed to totally represent what we’re trying to accomplish,” says Magnus, “which is respect: this idea that we acknowledge that the relationship between police and the African American community, particularly in many cities, has really been at best strained and at worst incredibly difficult for many, many years.”

Magnus took some grief for holding the sign, but he stands by his decision: “It doesn’t mean a wholesale endorsement of attacks on police or saying that police are brutal or racist across the board. Of course I don’t feel that way. I feel like all lives matter. That’s really what community policing should be about.”

Along with reducing crime, Richmond’s style of community policing could explain why Richmond’s recent protests were peaceful. “The key to the whole thing,” says community advocate Sullivan, “is the more you know who they are, and they know who you are, you respond to policing differently.”

Community policing is not Richmond’s only strategy. They have also actively hired for diversity within the department, deployed computer algorithms to help predict where crimes are likely to occur (and allocate resources accordingly), and they have begun testing body cameras on their officers. While some have touted body cameras as a panacea for preventing excessive use of force, Magnus thinks the issue is more complicated.

“First of all,” says Magnus, “cameras don’t show everything.” No matter how they’re worn by an officer, they don’t give a complete picture of what an officer may be seeing or perceiving in any given situation. And yet the public may believe the video will show the whole truth. Second, the whole truth is sometimes hard to look at. “Using force never looks good, even when it’s completely appropriate and within policy,” Magnus says. “It’s very tough to see somebody on the receiving end of a police baton, even if that is the right tool under the right circumstances to use.” Still, the public wants to see some of the results; they want criminals arrested, and they don’t want police officers put in unnecessary danger. “This means one of the challenges we’re going to face as police agencies is really helping to educate the public about the use of force. When is it appropriate, in what measure, under what circumstances? How do we do it? How are those decisions made?” And that conversation is only just beginning.

Finally, Magnus sees a real danger to the whole idea of community policing once body cameras get introduced. He believes that officers should not be required to have cameras on at all times, “because I want the public to be able to have positive, proactive conversations with officers that they don’t feel are being recorded.” What community policing has so successfully achieved in Richmond may be undermined if lawful residents suddenly feel they are under surveillance.

That said, the Richmond department has begun testing the technology, in part in an effort to learn how cameras might support its broader goals.

Last fall, the Department of Justice asked Chief Magnus to be on a panel of experts looking at protocols, procedures, training and supervision in St. Louis County. His takeaway: “it is critically important we redouble our effort to reconnect police and community at every possible level. None of this is easy. But if we’re operating from a position of goodwill, with the goal of building trust, there’s really a lot we can accomplish by working together.”

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Ramblings: Court 4

By Hal Collier LAPD, Retired

We are happy that 35-year veteran Hal Collier is sharing his ‘stories behind the badge’ with us.

This is the last installment about criminal court—I think. Sometimes after a nap I remember some incident that I think might be amusing. I had over ten years’ experience in criminal court when this incident occurred. I’d thought I’d seen everything.

I was once working a movie premiere when an Australian film crew asked me, “I’ll bet you have seen everything.” I looked the camera straight in the lens and said “I’ve worked Hollywood long enough to know that I’ll never see everything.” This court case proves me right.

I’m working with Dave Balleweg. Dave was one of those partners that just made police work fun. You couldn’t spend a night working with Dave without having your ribs sore from laughing. I don’t ever remember getting into a fight while working with Dave—he always talked the suspects into jail. I remember one Thanksgiving Day, a speeder called the station after finding out that we were looking for her. She agreed to come to the station where we arrested her. Not bad when they come to you on a holiday to be arrested. Believe it or not she had a turkey in the oven. It was delicious. Ok, I’m just kidding. It was dry.

Dave and I are driving westbound on Selma Avenue approaching Ivar about 3 A.M. We see this guy get out of a Mustang in the parking lot. He crosses the street in front of us wearing a blue “Puma” t-Shirt. He says “Hi Officers.” We’re waiting for the light to change and watch him walk northbound on Ivar. We wonder why he parked in a parking lot a block from Hollywood Boulevard when there’s closer parking spots on the street. Ok, our police instincts have kicked in. He walks up to Hollywood Boulevard and walks west.

We drive into the parking lot. I jump out and look inside his car. The ignition is held together with scotch tape. Crap, the car’s probably stolen. Now we have to find that stranger in the blue Puma t-shirt. We race up to Hollywood Boulevard and can’t find him. Ok, it’s 3 A.M. and not many places are open. Ah, the all night news stand at Hollywood and Cahuenga—they never close.

Sure enough, our suspect is in the porno book section in the back of the news stand. We grab him and now the fun begins. The car isn’t reported stolen. The registered owner lives in the San Fernando Valley. We have a valley cop go to the registered owner’s house. I hope we didn’t disturb the cops nap. The Valley was quiet then. It’s always fun when you knock on some guy’s door and ask, “Do you know where your car is?” He says, “Yea, it’s in my driveway.” Then he looks and screams, “Where’s my car?”

We arrest this Puma shirt guy and wait for our court subpoena. Because the car was stolen in the San Fernando Valley we get a subpoena to Valley court. I haven’t spent much time in court in the valley. Valley Court is where this story gets bizarre.

Dave and I show up in our best suits. Ok, they were our only suits, off the rack from C&R Clothier’s. We check in with the DA. He informs us that the defendant has some additional charges against him. He was on probation for stealing cars and he was not allowed to be south of Mulholland Drive after midnight. Huh. That’s right—every time he stole a car he would drive it to Hollywood. We caught him in a stolen car south of Mulholland. We had never heard of an adult being restricted to the Valley after midnight. Maybe Lindsey Lohan should be restricted to west of the 405 Freeway.

Dave and I are waiting for the judge to take the stand when we see another strange sight. The court reporter, a man in his late 50’s, is spreading paper towels all over his chair. He approaches us and asks if we are the officers testifying. He tells us that he is the last court reporter to take testimony in long hand. He told us that after the attorney asks a question, to wait until he nods to answer. This can’t be happening. He didn’t tell us, but the paper towels were for sweat. During the trial he sweated more than Clinton did denying he had sex with “that” women.

The judge takes the stand and informs the court that the defendant accidentally ruined his blue Puma t-shirt and has nothing to wear in court. Dave jumps up and offers to go to the Army/Navy supply store on the corner and buy the defendant a shirt. The judge agrees and said he’ll pay for the shirt. The judge takes out his wallet and gives us $20.00 cash. We consider going to lunch on the judge but reason prevails. We hustle over to the store and look for a blue Puma t-shirt. No luck, so we buy a shirt and race back to court.

The defendant decides to have his parents bring a suit–I’m guessing it’s his court suit. Can this case get any more bizarre? Just wait. We come back after lunch and I think were ready to go. Dave takes the stand and waits for the court clerk to swear him in. Only problem is that the clerk is not in the court room.

Dave tells the judge, “I can do this,” he raises his right hand and says, “I do solemnly swear, in the case now pending before this court to tell the truth, the whole truth and nothing but the truth, so help me God.”
The judge says, “It works for me. Any objections?”
No objections. How many cops who read my stories have seen this or sworn themselves in?

I’m guessing that a perpetual car thief who apparently gets caught a lot would have a good lawyer. The defendant’s lawyer must have been a family friend, or a DUI lawyer because I think I knew more about criminal law then he did. The judge was always admonishing him about proper questioning and court protocol.

I was testifying for the prosecution and told how we found a pair of channel lock pliers in the defendant’s back pocket. The defendant’s lawyer is now on cross examination.
He asks, “Officer, did you notice anything about the teeth on the pliers?”
Ok, I jump on the question, but only after a nod from the court reporter. “Yes, the teeth had a grey metal on them similar to the grey metal on a vehicle ignition.”
Defendant’s lawyer jumps up and yells, “Objection.”

The Judge looks at the defense lawyer and says, and I loved this, “You asked the question. You can’t object to your own question.”
I almost peed my court suit.

Defendant was found guilty. The court reporter sweated through a roll of paper towels, the judge got a t-shirt, defendant probably got more probation and Dave and I got three hours compensation and the memory of the most bizarre court case.
Hal

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Police Academy Redux, part 3

By Gerry Goldshine

Petaluma Police Department, retired

Part 3 (conclusion)
While firearm training was an ongoing process, almost from day one to graduation, emergency vehicle operation training was done over a three day period. All of us were excited because we were going to be the first class to receive training through the Bob Bondurant School of High Performance Driving at what would one day become Sears Point Raceway in Sonoma (Now Sonoma Raceway) . Sadly, we were all sorely disappointed. First of all, the vehicles we were to train with were compact cars, nothing like the big high powered beasts we would be driving with our various departments. None of the vehicles had any emergency equipment installed. There were no flashing lights, no sirens wailing and no blaring radios; none of the distractions that would drive our adrenaline sky-high under actual emergency driving conditions. Then, there were the instructors; they may have been excellent race car drivers but none had any law enforcement background or experience driving emergency vehicles that they could share with us. I suppose the final frustration was that we were not permitted to drive over 35 miles per hour during any phase of this training. I got very proficient at avoiding cones that day and not much more.
The first supplemental training that I received upon graduation was eight hours of training with a Sheriff Office’s driving instructor using retired patrol cars. I’m here to tell you there is no quicker learning experience than losing control one of those high powered vehicles in turn at 65 miles an hour because you didn’t set up properly entering a corner. As a result of that, as well as refresher training, I had confidence in my driving abilities the night I pursued a suspect, who had just stabbed someone as well as trying to run me and other officers off the road, down Highway 101 at over 120 miles per hour. With one hand on the steering wheel, the other holding the microphone to communicate with dispatch, the siren, radio and scanner blared away. At the same time, I had to be aware of my location, that of other responding units, other traffic ahead and around me, changing weather and road conditions. I had to constantly evaluate whether any of those variables would make the safety of the public outweigh the need to continue the pursuit. All of that was something the Bondurant experience failed to provide in their block of training.

As the weeks passed, our sponge-like brains desperately tried to absorb still more material in other subject areas. There were more classes on how to write police reports, criminalistics (that whole CSI thing) and seemed to be everyone’s least favorite subject, traffic accident investigation. There was also training in non-lethal defense methods, which meant some form of CN or CS or what is more commonly known as tear gas. Our practical exercise involved a group of recruits going inside a closed plywood shed accompanied by an instructor where they would expose them to some form of that blessed substance. Unbeknownst to our instructor, a retired FBI Agent, was the fact that I had also been an instructor of essentially the same type of training for many years in the Army. As my group nervously entered the shed, I found a corner, leaned back, slowed and steadied my breathing, knowing what was about to happen. As the effects of the gas hit them, my fellow recruits hit the door like a stampede of water buffaloes. It wasn’t long before it was just the instructor and me staring at each other, him with a very surprised expression. “You’ve done this before, haven’t you?” he asked after about five minutes had passed and I still hadn’t gone running for the exit. I nodded my head and then explained my background. He sheepishly asked if I wouldn’t mind leaving before him, as it would damage his mystique if I came out last. Still, I had quite the charisma having stayed as long as I did.
As we neared graduation, we were all looking forward towards finally getting practical training on making vehicular stops. Vehicle stops are perhaps the most common, most complex as well as most dangerous activities for a patrol officer. When an officer makes a traffic stop, they have no idea what the driver’s intentions are. Has the driver just committed a crime? Are they armed with a weapon? Are they intoxicated? Are they going to flee when you turn on your emergency lights? In addition, an officer has to exercise proper radio procedure in notifying dispatch of the stop. They have to know something as basic as their location, which can be difficult in a large city or seldom traveled country roads. An officer has to be aware of traffic around them, how they park their patrol vehicle and how they walk up to the car they’ve stopped. An officer also has to pick a strategic spot to stand when they make contact with the driver. While no means the last thing that goes into a traffic stop is how an officer talks to the driver. He can calm a tense situation or escalate a calm one. Though I had already made several hundred vehicle stops while in the Military Police, I was painfully aware that back then, circumstances were far different on a military base than in a city. Not exactly something to inspire confidence in my abilities.
As was the case with my firearms training, I’m still not sure what my expectations were as to training when it came to vehicle or traffic stops, both low risk or “routine” and high risk or “felony” stops. I know I anticipated more than twelve hours of both classroom and practical instruction. Many of us felt the scenarios devised by our instructors for the high risk stop exercises were ridiculously complex and bordered on the impossible. The geekier side of me recalls the Star Trek “Koboyasi Maru” test; for those non-Trekkies, it was a final exam scenario at the Starfleet Academy that was designed to be impossible to survive. I can still vaguely recall my own Academy “Koboyashi Maru” test; it was at night in a poorly lit area. Another recruit and I were to make a car stop on a vehicle that contained four “armed” suspects. As the car came to a stop, all four bailed out of the car and ran off into a darkened field. Our “backup” was many minutes away, leaving us to decide on a course of action. If both of us went after the suspect, the bad guys would have been lying in wait and “killed” us both. If one of us stayed and one pursued the suspect, the chase would have ended with either recruit officer being “shot” or taken hostage. If both officers stayed, then they would be ambushed because the suspects had doubled backed to launch an attack. It was a designed to be a no win scenario which does little to teach or inspire confidence outside of Star Fleet Academy.

Finally, the big day arrived; graduation. I was pleased, having finished fourth out of our graduating class of twenty-four. I walked up to the auditorium stage in my spiffy new Deputy Sheriff uniform, almost ready to bust my buttons with pride. Alongside my two fellow deputies, we received our graduation certificates from the Sheriff. Unlike Mahoney and his bunch of misfits from the Police Academy movies, we weren’t about to be turned loose upon an unsuspecting public. Ahead of us lay nearly another twelve weeks of training in the field under the watch eyes of our Field Training Officers (FTOs).
This was by no means a complete detailed accounting of the academy I attended nor should it be considered a blueprint for what’s taught today. Each recruit or cadet comes away with their own unique litany of successes, failures, achievements and disappointments. Laws change. Police tactics evolve as the threats change. Public perception of law enforcement changes as well. When I was taking Criminal Justice classes in college, the field of Police-Community Relations was new and a response to the turmoil of the Sixties and Seventies. When I had to retire in the late Nineties, Community Oriented Policing was the new buzzword after the public paroxysms that followed the Rodney King incident. While the reasons are many and varied, public perception of Law Enforcement integrity has waned again and once more administrators are looking for ways to shore up community support. Whatever the program’s name or acronym, its ultimate goals will have foundations in the next Police Academy.

 

Traffic Officer Gerry Goldshine aka T-36  Petaluma Police Department mid-1980's
Traffic Officer Gerry Goldshine
aka T-36
Petaluma Police Department mid-1980’s
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More Street Stories Tales from the Barking Muse

Police Academy Redux, part 2

By Gerry Goldshine

Petaluma Police Department, retired

 

 

Part 2 (part one appeared April 2, 2015)
Beside myself, there were two other recruits from the Sheriff’s Office attending the Academy with me. The largest contingent of recruits was from a Silicon Valley Department of Public Safety. I found it a bit startling when I learned that there were several people in the class who had not been hired by any particular department; in essence, they were “civilians” putting themselves through the training in the hopes that successful completion would make them a more attractive employment prospect. I was also surprised at how small our class was; while I don’t recall the exact number of people who started training, I do know that 24 of us graduated and there was not an especially high attrition rate. Contrary to my fearful expectations, SRJC did indeed run a low stress, twelve-week-long training program whose atmosphere was almost collegial. Having a small class was not necessarily a bad thing because it meant much more one to one interaction with the various instructors. For me, the relaxed training environment took some getting used to and as I was the only recruit with any military training, I often found the lack of discipline and decorum disconcerting.

In 1979, women moving from administrative and non-sworn positions to becoming street officers were still somewhat of a “novelty”. In my class, they numbered less than a half dozen, one of whom was a fellow SCSO recruit. I didn’t find it particularly unsettling to have women among my classmates; they had been moving into “non-traditional” occupational specialties in the Army for some time, so I was quite used to training alongside and working with women. Some of the less enlightened male recruits felt differently and made no effort to hide their opinion that women did not belong, behaving like stereotypical misogynists. One of these “gentlemen” was almost a match to the “Police Academy” character “Mahoney” but with all the negative traits and none of the positive. Like Mahoney, somehow this person managed to make it all the way through training and graduated with the other recruits from his department.

Police Academy 3-Officer Hooks
Police Academy 3-Officer Hooks

Nearly every training course I’ve taken has had a cast of characters very much like those in the Police Academy movies. There always seemed to be a “Tackleberry” type; the borderline super-macho personality disorder who carried a virtual arsenal in the trunk of his car, always wore camouflage fatigues, often reckless and overeager. In most of the coed classes I been in, there was usually someone very much like the character “Hooks”; a female trainee soft of voice, uncertain of her abilities, and often deferring to men. Invariably there was someone like “Hightower”, the huge muscular guy who was smarter that he appeared, gentler than he seemed and loyal as a puppy dog to his friends. Finally there invariably seemed to be someone like the characters “Sweetchuck” and “Fackler”; this was the guy who tripped over his own feet, walked into closed doors, had a voice that cracked when under stress, lacked a scintilla of common sense and invariably either shot himself in the foot or a fellow classmate in the arse. Looking back, each in their own way, made the training far more interesting as well as more memorable, though at the time I sure many of us considered them with less kindly thoughts.

Having just come out of the Army where highly strenuous physical fitness standards were de rigueur, I found the “PT” at the Academy less than challenging. Unlike the other subject areas, such as criminal law, criminalistics, and firearms, our class did not have an instructor dedicated to physical conditioning. To be sure, we had someone to teach weaponless or hand to hand tactics but no one was assigned for every day physical training or “PT,” something which I had practically lived by over the prior four years in the Army. More often than not, our PT consisted of volleyball or disorganized workouts in the weight room. We did do some running, usually no more than two miles and generally less, during which time nearly everyone complained. For me at that time, a mile run was a warm up as I had been used to running up to five miles in full combat gear in under 40 minutes. I cannot recall if we had to pass a PT test to graduate beyond completing an obstacle course within a specified time frame. I thought then as I do now that we rendered a disservice with such lackadaisical physical conditioning. Aside from the obvious health benefits, maintaining a high state of physical conditioning is essential in surviving street encounters from fist fights to foot pursuits to the use of deadly force. I wasn’t the only recruit that was disconcerted by this and I do know it eventually changed for the better.

Contrary to Zed’s bit of wisdom, my academy class spent a great deal of time in the classroom receiving instruction on subjects ranging from the obvious, such as criminal law to less considered but critical report writing. However, looking back over 35 years later, the very first place to which my Field Training Officer took me, when I was with the Sheriff’s Office, was a Winchell’s Donut shop. Much as I hate to admit it, even to this day many a cop visits the local donut eatery because it’s fast and the coffee is always hot; I guess there was a bit of truth to what Zed had to say.

Police Cadets
Police Cadets

Donuts aside, we were about to get a great deal of information distilled and condensed into a 12 week time frame. Hours were spent on learning the fundamentals of California Criminal Law and Criminal Procedure. Things that now still seem so basic were new to many of us back then, such as the differences between statutory and case law–both of which we needed to know. What were felony, misdemeanor and infraction type of crimes? We committed to memory the elements of the more commonly used sections of the Penal Code, such as 211 P.C. which is robbery or 459 P.C. which is burglary. We had to know the applicable sections of the Business and Professions Code, particularly those parts dealing with alcoholic beverages. There were the parts of the Health and Safety Code that dealt with drugs, legal and illicit. We had to know the parts of the Welfare and Institutions Code some of which dealt with children and psychiatric cases. Then there was the California Vehicle Code, which covered everything from driving while intoxicated to what color the front turn signals on a particular year car have to be.

All those various codes and laws were just really a foundation and a starting point. Knowing what constituted a violation of a particular law was just part of the process. There followed training on the complex laws governing arrest, probable cause to detain versus probable cause to arrest. We had to know the most up to date court decisions and laws governing arrest, search and seizure. Then there were the courts; traffic, municipal and superior. As a peace officer, you had to know the differences between them and what type of case went to what court. Beyond that, we had to have a working knowledge of how the criminal justice system functioned, from the filing of a criminal complaint to an arraignment to a court or jury trial. If that wasn’t complex enough, there were separate systems for adult and juveniles.
I was not the only one with a college background in Criminal Justice and though we were familiar with much of the material, there was still much that was new in some manner. It was all coming at us fast and furious. Fortunately, there was plenty of practical, hands-on training that got us out of the classroom to stretch our legs and shake out the cobwebs that inevitably formed in our minds. Naturally, we all looked forward to firearms training. Levels of experience with firearms varied greatly among us. Many grew up around guns through hunting and other sporting activities. As a result of my Army training, I had a familiarity with a very wide assortment of weapons, though it seemed highly unlikely I would have need of an anti-tank missile system as a Deputy Sheriff. As a deputy, my duty weapon was going to be a Smith and Wesson Model 66, .357 magnum revolver, which took some adjustment, as my sidearm while in the Military Police was the classic military Model 1911, .45 semi-automatic pistol. In the late seventies and early eighties, firearm training was on the cusp of a revolution, both in technology and theory. I was fortunate to have been exposed to some of it while in the Army. There was interactive training with lasers giving immediate feedback under simulated combat conditions; automated targets made to look like human silhouettes; and shooting in a variety of conditions both in lighting and weather. Our instructors were some of the best, most knowledgeable military people in the world when it came to firearms. Gone were the days of plinking away at a circular stationary target some hundred yards away.

 

Witchita, Kansas Police Recruit shooting training
Witchita, Kansas Police Recruit shooting training

Back to my Academy firearms training, I wasn’t expecting our instructor to be someone who split his time between firefighting and police work in the South Bay. Understand that I’m not saying he was a poor instructor; it just was not what I was expecting. While I had qualified “Expert” with nearly every Infantry weapon in the Army, I was only shooting just slightly above average with that .357 pistol. It wasn’t until several years later, when I was a Petaluma Police Officer, a range master discovered while right-handed, I was left eye dominant, which had a great effect on my pistol shooting accuracy. In addition to the live fire range, we also received instruction in what was called “Shoot-Don’t Shoot”, the idea being to develop situational awareness and judgment when employing deadly force. In 1979, our “state of the art” technology for the practical portion of this training consisted of a video projector which showed a scenario on a butcher paper screen and a pistol that fired wax bullets. I’m sure I wasn’t the only one that felt a bit foolish yelling “Freeze!” at that butcher paper.

Read the conclusion of Police Academy Redux on April 9, 2015

Traffic Officer Gerry Goldshine aka T-36  Petaluma Police Department mid-1980's
Traffic Officer Gerry Goldshine
aka T-36
Petaluma Police Department mid-1980’s