http://www.newsday.com/coverage/current/editorial/tuesday/nd4054.htm
01/09/2001 - Tuesday - Page A 29
Keep Your Cool in Cop Confrontations
By Michael E. Buerger. Michael E. Buerger, a former police officer and researcher, is an associate professor of criminal justice at Northeastern University, Boston.
THE SUFFOLK COUNTY Police Department has been hit hard by charges that one of its officers, or perhaps two, forced two women to strip and made a third so fearful that she felt she had to display her breasts to avoid arrest.
All three women say the cop or cops who stopped them had accused them of drunk driving, though the third woman says she was sleeping in her parked car.
Still, the facts of the incidents are in dispute and judgments should not, at this time, be made.
But the case does raise another issue: How to deal with unsatisfactory encounters with police officers. The advice is the same as those for any unpleasant situation: Keep your head, hold your tongue, and burn everything into memory.
There are, however, some special rules that apply to police encounters: The police officer is taught to control the situation, always.
Even though "fits the description" has become a sardonic parody, most times there is a description, and the police have a legitimate reason for stopping you.
Police walk in a world where sudden violence is a constant threat, even if it is infrequently realized.
We pay the police to be suspicious; people routinely lie to, and about, police officers, so they may not immediately accept your explanation.
Not every officer who irritates or offends you is a rogue cop. Most are good cops, doing a difficult job within a specific context known to them but not you. Galling though it may be, police contacts are not meetings of equals, and yours is the inferior position at the beginning. Police are trained and socialized to put officer safety ahead of Officer Friendly. The combination may make them appear rude, even aggressive, but they are not chatting you up for stock or movie recommendations.
So follow reasonable directions, keep your hands in plain sight and answer questions directly and forthrightly. Though it seems unfair, you will not get answers to your questions until they have the answers to theirs. Most professional peace officers I know will explain the situation once they are satisfied there is no danger.
Officers have a court-backed power to frisk you to ensure their safety; they are not required to justify their decision to you. But it does not extend to strip searches on the side of the road.
Officers may make an arrest based upon "probable cause" -facts and circumstances that would lead an ordinary citizen to believe a crime had occurred, and the individual in question had committed it. It is possible to have probable cause but still arrest the wrong person. Most jurisdictions require that citizens submit to arrest even when the police are mistaken.
Police may legally use force to overcome resistance. Even if subsequent events prove that their assessment was incorrect, the police conduct will be justified.
Police culture is strong, and officers support each other in tight situations. Experience tells them that even when an officer goes "over the edge," it is usually a reaction to provocation by the citizen. They are unwilling to see an honorable career washed out "because of some [idiot]," and they close ranks against accusations and criticism. Nevertheless, no professional officer tolerates rogue cops. But fellow officers and the police command staff will require high levels of proof before concluding that one of the Brotherhood has tarnished the badge.
The line between "rogue" cop and sloppy police work is often blurry, like the line between incompetence and a good-faith mistake. If you think you have been mistreated, keep your head. If you are in fact dealing with a bad cop, physical resistance or verbal remonstrance will only make the situation worse.
Don't bother threatening the officers with lawsuits; they've heard it all before.
In a situation where you believe the police are acting in an illegal manner, think of yourself as the best witness in your case against an assailant. Pay attention to details, particularly the presence of other persons, in uniform or not. Most officers wear name plates; most badges and squad cars have a number identifying them. Ask for names, but seek other verification. Remember physical descriptions, words and deeds, and the sequence in which they occurred.
Be sure you can identify the officer(s) involved, and who did and said what. Remember descriptions of bystanders-someone in the area may know them and can confirm your version of events. Even other prisoners in lockup are potential witnesses.
Make a firm request for an attorney and contact with friendly outside persons. But understand that when you're under arrest, the police control your situation for up to 72 hours. When you are released, write down what happened in as much detail as possible and as soon as possible.
Do not fear that filing a complaint against an officer will make you a target for harassment: Professional police understand that complaints are inevitable and that misunderstandings can be reconciled. Seek legal counsel if appropriate, and record your complaint with whatever official agencies are available. Be specific: Complaining that "she disrespected me" does not give a police commander or your lawyer very much to work with. Have an idea of what you want and what you are willing to accept. Ultimately it is your right: Policing is a public job, done on behalf of the public, paid for from the public fisc, and its practitioners are accountable to the public.
Unfortunately, there have been enough "blue (or red) light rapists" (phony cops with teardrop lights who target women alone in deserted areas) that police departments now advise you drive to a well-lit place, preferably with lots of witnesses, before stopping at night for an unmarked car. It is, however, a good idea to put on your vehicle's four-way flashers to acknowledge your awareness of the blue (or red) light.
Anyone finding themselves in situations like those alleged in Suffolk County should treat the encounter for what it is: a power-based sexual assault.
Unlike the ordinary rapist, a rogue police officer will write the initial official report of the incident. The victim will have to overcome both the legal presumption of innocence and the police brotherhood's powerful protecting forces to achieve justice.
Abusers always try to blame their victims: "You made me do this; this is your fault; I have to do this to teach you a lesson." Don't believe it. Comply if you feel your safety is at risk, but seek assistance immediately upon escape. Your abuser can only win if you stay silent. Even though polygraph evidence is often disputed, being willing to take a polygraph test, and passing it, is a powerful tool in your favor. It can tip the balance of "he said/she said," give credibility to your account, and break down the reticence of police culture that initially treats all complaints against cops as bogus.
Above all, it is critical to remember that the Suffolk women's allegations, if true, nevertheless represent an aberration. Citizens have a responsibility for police conduct, both in their own actions toward the police and in demanding professional conduct from their police officers. The vast majority of police officers concur with those public expectations of courtesy and competence, and they perform their duties in a professional manner. The charges are not typical of the conduct of police officers anywhere.
We don't stop going to work because there was a shooting in a factory or an office somewhere else. We cannot afford to let hysteria alter the normal civility of most police-citizen encounters, or aggravate the tension inherent in the smaller number of investigative contacts. Nor can we afford to let isolated criminal acts committed under the guise of authority undermine the broader mission of those who responsibly discharge their duty.
01/09/2001 - Tuesday - Page A 29
Keep Your Cool in Cop Confrontations
By Michael E. Buerger. Michael E. Buerger, a former police officer and researcher, is an associate professor of criminal justice at Northeastern University, Boston.
THE SUFFOLK COUNTY Police Department has been hit hard by charges that one of its officers, or perhaps two, forced two women to strip and made a third so fearful that she felt she had to display her breasts to avoid arrest.
All three women say the cop or cops who stopped them had accused them of drunk driving, though the third woman says she was sleeping in her parked car.
Still, the facts of the incidents are in dispute and judgments should not, at this time, be made.
But the case does raise another issue: How to deal with unsatisfactory encounters with police officers. The advice is the same as those for any unpleasant situation: Keep your head, hold your tongue, and burn everything into memory.
There are, however, some special rules that apply to police encounters: The police officer is taught to control the situation, always.
Even though "fits the description" has become a sardonic parody, most times there is a description, and the police have a legitimate reason for stopping you.
Police walk in a world where sudden violence is a constant threat, even if it is infrequently realized.
We pay the police to be suspicious; people routinely lie to, and about, police officers, so they may not immediately accept your explanation.
Not every officer who irritates or offends you is a rogue cop. Most are good cops, doing a difficult job within a specific context known to them but not you. Galling though it may be, police contacts are not meetings of equals, and yours is the inferior position at the beginning. Police are trained and socialized to put officer safety ahead of Officer Friendly. The combination may make them appear rude, even aggressive, but they are not chatting you up for stock or movie recommendations.
So follow reasonable directions, keep your hands in plain sight and answer questions directly and forthrightly. Though it seems unfair, you will not get answers to your questions until they have the answers to theirs. Most professional peace officers I know will explain the situation once they are satisfied there is no danger.
Officers have a court-backed power to frisk you to ensure their safety; they are not required to justify their decision to you. But it does not extend to strip searches on the side of the road.
Officers may make an arrest based upon "probable cause" -facts and circumstances that would lead an ordinary citizen to believe a crime had occurred, and the individual in question had committed it. It is possible to have probable cause but still arrest the wrong person. Most jurisdictions require that citizens submit to arrest even when the police are mistaken.
Police may legally use force to overcome resistance. Even if subsequent events prove that their assessment was incorrect, the police conduct will be justified.
Police culture is strong, and officers support each other in tight situations. Experience tells them that even when an officer goes "over the edge," it is usually a reaction to provocation by the citizen. They are unwilling to see an honorable career washed out "because of some [idiot]," and they close ranks against accusations and criticism. Nevertheless, no professional officer tolerates rogue cops. But fellow officers and the police command staff will require high levels of proof before concluding that one of the Brotherhood has tarnished the badge.
The line between "rogue" cop and sloppy police work is often blurry, like the line between incompetence and a good-faith mistake. If you think you have been mistreated, keep your head. If you are in fact dealing with a bad cop, physical resistance or verbal remonstrance will only make the situation worse.
Don't bother threatening the officers with lawsuits; they've heard it all before.
In a situation where you believe the police are acting in an illegal manner, think of yourself as the best witness in your case against an assailant. Pay attention to details, particularly the presence of other persons, in uniform or not. Most officers wear name plates; most badges and squad cars have a number identifying them. Ask for names, but seek other verification. Remember physical descriptions, words and deeds, and the sequence in which they occurred.
Be sure you can identify the officer(s) involved, and who did and said what. Remember descriptions of bystanders-someone in the area may know them and can confirm your version of events. Even other prisoners in lockup are potential witnesses.
Make a firm request for an attorney and contact with friendly outside persons. But understand that when you're under arrest, the police control your situation for up to 72 hours. When you are released, write down what happened in as much detail as possible and as soon as possible.
Do not fear that filing a complaint against an officer will make you a target for harassment: Professional police understand that complaints are inevitable and that misunderstandings can be reconciled. Seek legal counsel if appropriate, and record your complaint with whatever official agencies are available. Be specific: Complaining that "she disrespected me" does not give a police commander or your lawyer very much to work with. Have an idea of what you want and what you are willing to accept. Ultimately it is your right: Policing is a public job, done on behalf of the public, paid for from the public fisc, and its practitioners are accountable to the public.
Unfortunately, there have been enough "blue (or red) light rapists" (phony cops with teardrop lights who target women alone in deserted areas) that police departments now advise you drive to a well-lit place, preferably with lots of witnesses, before stopping at night for an unmarked car. It is, however, a good idea to put on your vehicle's four-way flashers to acknowledge your awareness of the blue (or red) light.
Anyone finding themselves in situations like those alleged in Suffolk County should treat the encounter for what it is: a power-based sexual assault.
Unlike the ordinary rapist, a rogue police officer will write the initial official report of the incident. The victim will have to overcome both the legal presumption of innocence and the police brotherhood's powerful protecting forces to achieve justice.
Abusers always try to blame their victims: "You made me do this; this is your fault; I have to do this to teach you a lesson." Don't believe it. Comply if you feel your safety is at risk, but seek assistance immediately upon escape. Your abuser can only win if you stay silent. Even though polygraph evidence is often disputed, being willing to take a polygraph test, and passing it, is a powerful tool in your favor. It can tip the balance of "he said/she said," give credibility to your account, and break down the reticence of police culture that initially treats all complaints against cops as bogus.
Above all, it is critical to remember that the Suffolk women's allegations, if true, nevertheless represent an aberration. Citizens have a responsibility for police conduct, both in their own actions toward the police and in demanding professional conduct from their police officers. The vast majority of police officers concur with those public expectations of courtesy and competence, and they perform their duties in a professional manner. The charges are not typical of the conduct of police officers anywhere.
We don't stop going to work because there was a shooting in a factory or an office somewhere else. We cannot afford to let hysteria alter the normal civility of most police-citizen encounters, or aggravate the tension inherent in the smaller number of investigative contacts. Nor can we afford to let isolated criminal acts committed under the guise of authority undermine the broader mission of those who responsibly discharge their duty.
The other three were in "Larger, more crime ridden areas".