Tag: Body Cameras

There Oughta Be a Law*

*Hey, whadya know, there is a law:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

― Fourth Amendment to the United States Constitution.

Salt Lake City Police Detective Jeff Payne may not know the law, but on July 26 at the University of Utah Hospital he was determined to do the bidding of his watch commander, Lieutenant James Tracy, who also does not know the law (making his order illegal), to draw a blood sample from the unconscious victim of a two vehicle crash so that police could determine whether he was impaired by drugs or alcohol at the time of the crash. Payne and Tracy were prevented from violating the constitutional rights of patient William Gray by Head Nurse Alex Wubbels, who informed them that it was against hospital policy, which follows the law, to allow police to draw blood from a patient without the patient’s consent, or without a warrant or the patient being under arrest. Ms. Wubbels’s line of legal reasoning did not set well with Mr. Payne, who grew frustrated with not getting his way and finally gave in to the temptation to abuse his authority by arresting the nurse, roughly slapping handcuffs on her, and frog marching her out to his squad car.


University of Utah Hospital in 2009
University of Utah Hospital in 2009. Photo by University of Utah Health Care.

Nurse Wubbels had to sit in the squad car for twenty minutes while police and hospital administrators sorted everything out, and then the cops let her go free. Ms. Wubbels held a press conference on August 31 with her lawyer, Karra Porter, where she showed portions of the police body camera videos from the July incident. The Salt Lake City police department placed Mr. Payne and another officer, probably Mr. Tracy, though they wouldn’t say, on paid administrative leave the following day. A paid vacation for behaving badly, usual police department internal procedure. Apparently the department hadn’t sought to discipline Mr. Payne at all before August 31, beyond temporarily taking him off the blood draw unit. If Wubbels and Porter hadn’t held their press conference and released the body cam videos, the police department and Payne and Tracy would most likely have gone about business as usual in short order. Now, because of all the stir this incident has belatedly created, they’ll have to wait a little longer. Ms. Wubbels has not yet pressed charges for assault and unlawful arrest.

Detective Payne apparently was claiming the right to draw blood without a warrant from the unconscious Mr. Gray under implied consent law, a police procedure which had been disallowed in Utah since 2007, and primarily used by police to gather evidence in drunk driving cases. Additionally, the Supreme Court of the United States in 2016 rolled back the part of implied consent relating to blood samples as too invasive. Police can still take breathalyzer samples without express consent. Payne and Tracy were either unaware of the change in the law or were so accustomed to rolling over hospital staff that the situation of a nurse challenging their authority had never presented itself to them before. In either case, the cops were in the wrong, making Detective Payne’s reaction even more outrageous.

A scene from the early 1960s television series Car 54, Where Are You? The dim witted Officer Gunther Toody, played by Joe E. Ross, is unimpressed by the discussion of high culture between his partner, Officer Francis Muldoon, played by Fred Gwynne, and the ride along cop in the back seat.

As a case of police brutality and abuse of authority this is small potatoes compared to what police perpetrate elsewhere around the country every day and without accountability. What makes this case notable is firstly the video evidence from the cops themselves, and secondly how the obtuseness of Mr. Payne leads him to escalate to violence what should have been a simple administrative procedure. Would it be too far fetched to ask that law enforcement officers know and understand the law? Is it too much to ask that they behave with adult restraint when they don’t always get their way? Who will ultimately pay the price for Mr. Payne’s ignorance and unwarranted belligerence other than the citizens and taxpayers of Salt Lake City?

Most likely he won’t have to pay a price, considering the way police are not held personally accountable. He may even get away with pleading ignorance of the law, an excuse the Supreme Court has recently ruled can be valid for police, even though anyone else who claimed ignorance would get laughed out of court. That’s why cops like Mr. Payne behave the way they do, because at the back of their minds they know they will get away with it. His accomplice in ignorance, Lieutenant Tracy, has a bachelor’s degree in criminal justice from Columbia College of Missouri, and he is currently studying to earn a master’s degree in the same subject from the same school. Payne himself attended college at Weber State University in Ogden, Utah, where he became certified as an emergency medical technician. Maybe these schools are diploma mills, or maybe Payne and Tracy are uneducable beyond passing tests necessary to jump career hoops.

Near the end of the 1939 film The Wizard of Oz, Frank Morgan as The Wizard grants a diploma to The Scarecrow, played by Ray Bolger, while the other members of the adventure look on. Despite his newfound brainpower, The Scarecrow still recites a famous mathematics theorem incorrectly.

Or they could just be stupid. Mr. Payne also works as an emergency medical technician for Gold Cross Ambulance. In one part of the video from Mr. Payne’s body cam, he is chatting amicably with other officers, apparently unconcerned over how his bullying has made Ms. Wubbels distraught as she sits in the police cruiser several feet away, and he remarks “I wonder how this will affect my Gold Cross job. I bring patients here.” And another officer says “Yeah, I don’t think they’re [who? the hospital staff? Gold Cross? probably both] going to be very happy with it.” Mr. Payne then declares “I’ll bring them all the transients and take good patients elsewhere.” There’s a 2012 nonfiction book by the philosopher Aaron James that Mr. Payne could read in order to further his studies and perhaps gain some insights into himself, and it’s called Assholes: A Theory.
― Ed.

 

Police , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

Watching Out for Number One

 

After numerous high profile cases of questionable use of deadly force by the police in the past few years, the cry has gone up from the public and from politicians for more widespread use of police body cameras to augment the already prevalent use of dashboard cameras in police cars. The technology does not present a difficulty since data storage capacities have skyrocketed and battery strength in a compact device has increased enough to allow recording over an eight hour shift. The difficulty is with how human beings implement the technology and whether the technology will improve how police interact with citizens.

 

There is evidence that when police wear body cameras the incidences of police violence and abuse of authority declines. That is, the incidences decline when a rigorous protocol for the use of the body cameras is instituted and enforced by civil authorities and police management. In some places, the police have body cameras but their use is left too much up to individual officers, and that naturally leads to the officers recording only the encounters that they calculate will make them look good. A lax protocol like that amounts to none at all. The American Civil Liberties Union has put out an excellent article detailing the best ways to deploy police body cameras and the drawbacks their use may entail.
Barney Miller cast 1974
1974 cast photo from the television series Barney Miller. Clockwise from left: Ron Glass (Ron Harris), Jack Soo (Nick Yemana), Hal Linden (Barney Miller), Max Gail (“Wojo” Wojciehowicz), Abe Vigoda (Phil Fish) (back toward camera). The show took place in the fictional 12th Precinct in Greenwich Village, New York City. Over the years since its initial airing in the 1970s, police have praised the show as a more realistic portrayal of day to day police work than many higher octane TV shows and movies.

 

It’s not surprising that police behave better when they know they’re being watched. The question is why they bear watching. Certainly police work isn’t like warehouse work; police work is often stressful, with the ever present possibility of a dangerous encounter, and by its nature the work involves dealing with other people every day in an environment that can be hostile. That’s the job they volunteered to do. No one drafted them. The fact that it’s not relatively placid like warehouse work is therefore no excuse for police officers acting like dangerous loose cannons when the going gets tough, and definitely not when they feel like going off on someone for some piddling reason that they will later claim “made them fear for their life”. As the saying goes, you knew the job was dangerous when you took it.

 

Fort Apache Police Precinct, 2007
The former 41st Precinct Station House at 1086 Simpson Street in Foxhurst, The Bronx, New York, in the summer of 2007. The building was formerly known as “Fort Apache” due to the severe crime problem in the South Bronx; photo by Bigtimepeace.

The real problem is lack of accountability for officers who behave criminally, and a police culture that from academy training onward instills an “Us vs. Them” mentality. Body cameras are all well and good, and as a purely technological answer to the problem they are excellent, providing privacy issues for both the officers and the public are addressed. But body cameras will take the solution only halfway, if that. Until the public demands that criminal police officers face the kind of punitive and fiscal penalties everyone else in society must face, we’ll continue to see the same violent, bullying behavior from some cops. Paid administrative leave (a paid vacation for being a jerk!) and penalizing the taxpayers with a fine is not going to do it. How could anyone in their right mind, excepting a police union boss, expect otherwise?

The matter of police culture is harder to address. It starts with training and continues with taking away all the militaristic toys police departments have acquired in the past forty years, and most of that in the past twenty. No, you are not a soldier on garrison duty in a hostile foreign country. You are a police officer – a peace officer, if you will – at home amongst your fellow citizens, friends, and neighbors, vile as some of them may seem to your law abiding heart. Playing dress up in GI Joe gear with full body armor and intimidating your fellow citizens with armored personnel carriers and other cool stuff should not be part of the job description. Changing that macho police culture won’t happen, however, until the public stops living in fear of every little thing, handing over far too much authority, money, and blind obedience to a group of men and women meant to be our servants and not our masters, some of whom unfortunately respond to the situation by puffing themselves up with arrogance and steroids, looking and acting like goons any sensible person would run away from, rather than the friendly cop on the beat, a fellow citizen instead of an overseer.
― Techly

 

 

Police , , , , , , , , , , , , , , , , , , ,