OuTcAsT said:
It may be a bit off-topic but, I think it is germane to the discussion:
The huge change in "attitude" over the years has had a dramatic effect on the way LE is perceived by the very public they used to exist to protect.
You are perceiving wrongly. There has been no change in "attitude." There have been police officers who abuse their powers and have bad attitudes, departments that by culture and policy are too aggressive and violent, and administrators and elected officials who cover for bad cops since the dawn of policing. There is no evidence to suggest that this problem has grown over time, and a reasonable argument can be made that it has actually diminished over time.
OuTcAsT said:
Fast forward to the court date, I attend to observe, Officer testifies that My Son was "weaving all over and, even struck the curb" Son asks to see the dashcam evidence. The tape is played and, clearly shows the vehicle traveling within the lane, no sign of "weaving" or contact with the curb. Case is dismissed as the Judge could find no evidence of the allegation.
zxcvbob said:
And the judge didn't care that the officer was caught lying under oath. That's part of the problem too.
There is no evidence the officer was lying. Dash cams generally automatically activate when the lights and sirens are activated. For a traffic violation, that would not happen until
after the violation was observed for the obvious reason that there's no need to drive code or manually activate the dash cam until
after an officer sees a violation
All the dash cam video means is that
after the officer decided to stop OuTcAsT's son, there were no observed traffic violations. I would venture a guess that most people are quite careful about their driving when an officer is driving code behind them.
This does not mean there is any additional evidence (beyond the officer's testimony) that OuTcAsT's son was violating traffic law, just that the assumption that the officer was lying is based on ignorance and probably bias as well.
OuTcAsT said:
My point is this: It seems that nowadays, officers tend to simply "throw charges" at anything just to see if they can make something stick. They don't seem as interested in deterring crime so much as "make arrests" Like they have some sort of "quota" to fill. Incidents like this do nothing to help prevent crime or, protect the public safety, they are "fishing" for anything that will "stick" It's like a game to see how many charges they can file in a shift. It creates a huge void in Trust.
What evidence do you have that this phenomenon is new? One interesting thing about the "quota" rumor is that establishing traffic ticket quotas is actually illegal in my state and many others. Officers don't get to throw charges at anything, that's up to the city or county prosecuting attorney. Generally when non-traffic police conduct a traffic stop, they are indeed "fishing"- fishing for warrants, drugs, and illegal weapons. Which is why frequently if you don't have any of those and are not a jerk, you will get warnings instead of tickets.
As to any focus on making arrests as opposed to deterring crime, you've got it exactly backwards. The emphasis community policing model is relatively new to law enforcement, and 35 years ago, the actual stated emphasis would have been on making arrests. Nowadays virtually all local police departments emphasize community policing.
zincwarrior said:
Sure its not difficult. Quit "no knock " SWAT raids. They weren't started as a safety measure but to get in before the BG could flush drugs.
Its not worth it.
Not so much. Likelihood of destruction of evidence is just one exigent circumstance that could justify a no-knock warrant. Second, a no-knock warrant with a SWAT team
still involves announcing who you are as you go in the door. While it has happened (In my home state, actually), where a wrong address combined with innocent but non-English speaking inhabitants responded to a SWAT warrant service with gunfire, in most cases it's hard to argue that a SWAT team coming in your door yelling "POLICE, SEARCH WARRANT" didn't tell you they were the police.
OuTcAsT said:
I can think of a way that would certainly reduce the incidence of it, if not eliminate it altogether. Remove the immunity that LE hides behind.
If I shoot someone by mistake ( you know, human error ) I will be charged, tried, and likely spend some time in prison.
Police officers do not have that same fear, if they did, there would likely be a paradigm shift in the use of the "no knock" type raids that usually propagate the deaths of innocents by "human error".
That's because you're caught up in the fallacy that you are the same as the police, and the police are the same as you. That's not the case.
If you were simply arguing that the police are also civilians and that they are no
better than you, you would be on safe ground.
Police officers have some forms of legal protection that you do not because they are agents of the state with legal obligations to do things that you are actually legally obligated
not to do.
Courts and legislatures have recognized that because police officers must make potentially fatal split-second decisions based on imperfect information, that as long as the officer's behavior was objectively reasonable based on the information the officer knew, the officer will have qualified immunity. Qualified immunity is not total immunity, and officers can still be personally liable if they acted unreasonably. Individual officers do
not have some kind of absolute immunity to lawsuits or criminal penalties.
Additionally, if you shoot someone by mistake, there is actually no guarantee that you will be charged, and if an officer shoots someone by mistake, there is no guarantee that he or she will not be charged- it has happened both ways depending on the circumstances.
If you are interested in a world where the police are personally liable for civil suits incurred during the course of their reasonably performed legal duties, you are interested in a world where the police don't actually do anything, and in that case, I'm guessing you would be here with a very different complaint.