Cops and Discretion

R

Rich Lucibella

Staff
Just for balance, it sometimes pays to look at the Catch 22 of the average cop:

http://www.sun-sentinel.com/news/lo...ig04apr04,0,2916044.story?coll=sfla-news-palm
Posted April 4 2006

Boynton Beach

Two officers reprimanded over traffic stop, accident

Two police officers have been issued letters of reprimand for their handling of a traffic stop and a subsequent accident investigation, police said.

Officer Rocky Zavattaro was cited for letting Johnny Miguel Solano drive home after stopping him for allegedly driving an unregistered van.

Contrary to department policy, Zavattaro let Solano, who had a suspended license, drive home after writing citations for driving with a suspended license and no proof of insurance and was issued warnings for other infractions.

Shortly after driving away, Solano crashed into a guardrail on Boynton Beach Boulevard and Interstate 95.

Officer Greg Kenny was cited for not performing a field sobriety test on Solano after the crash. The report criticized Kenny for not following up on his suspicion that Solano was impaired.
Click to expand...
Rich
 
I see what you mean, Rich. But did the officer show good discretion in letting someone with three offenses and a spotty record go? I'm not a cop so you tell me.

I could also see this as the reason that police are losing the ability to use discretion: It sounds like a bad call, whether the guy crashed later or not.
 
Handy-
It's not provided as a case that we need to try; it's provided as a case in point. I think I've proved myself to be as harsh a critic of heavy handed police tactics as anyone on this Board. However, it's helpful to see an occasional story from the Damned-If-You-Do_and_Damned-IF-You-Don't Files.

As to the present case, I really don't know if the discretion included sound judgment. But, if you're gonna tell cops like Zavattaro and Kenny that "sound judgment" is determined only in retrospect, you're sending a clear message: "Cover your own butt and protect your own career. Enforce the Letter of the Law. No one gets a break." In fairness, these guys have to act as judge, jury and prosecutor (on the spot) when they make these calls. And, inevitably, they won't be 100% correct.

So where's the "percentage" for them in giving any breaks unless the tax payers support them when they make a bad call on the side of a bit of leniency?
Rich
 
I agree completely, I would just be interested to be a fly on the wall in that precinct house. Have other incidents similar to this been treated the same way, or has the captain allowed discretion for lesser "errors" in judgement.


We can't really say if these guys would have been censored if there were only two problems, or if it was an expired rather than suspended license. All we know is that this went too far - but that doesn't imply that all discretion has been frowned upon there.

Officer Rocky may react by no longer using his discretion, or he may just make better judgements in the future. Discretion can't be carte blanche - it is a matter of experience and good judgement to fit what you see on the street with what your superiors (and mentors) would deem acceptable in your place. I just think it possible that Rocky went too far, and maybe knows it.
 
I want very badly to agree with Handy here, Rich. The guy had a bad driving record and all that, and was still let go, despite a suspicion of impairment. I want to say that's pretty poor use of discretion.

But, I sure was glad the day I was stopped 20 years ago going 45 in a 35 zone outside Miami-Dade Junior College and allowed to escape with a warning after I "explained" that I had bigger than normal rear tires. While I'm sure they made a difference, I doubt it was 10 mph, and I'm sure the officer knew it.

What do you want? they're people, too.
 
You must log in or register to reply here.
Back
Top